Schedule 2 Amendment of Health Services Act 1997
(Section 4)
Omit section 4 (g). Insert instead:(g) to require visiting practitioners and staff in the public health system to disclose any charge or conviction for a serious sex or violence offence or of a misconduct finding (such as findings of professional misconduct or unsatisfactory professional conduct), and
Omit “staff members of public health organisations”.Insert instead “staff in the public health system”.
Omit the introduction to each Chapter.
[4] Section 6 What is the public health system?
Omit section 6 (d). Insert instead:(d) the Director-General in respect of the provision of ambulance services under Chapter 5A and the provision of health support services under Part 1A of Chapter 10.
[5] Section 16 Who constitutes the NSW Health Service?
Omit the section (including the note at the end of the section).
[6] Section 22 Provisions relating to the corporate nature of area health services
Insert at the end of the section:(2) However, an area health service cannot employ any staff.Note. Staff may be employed under Part 1 of Chapter 9 in the NSW Health Service to enable an area health service to exercise its functions.
[7] Section 23 Appointment of chief executive
Omit section 23 (2). Insert instead:(2) The employment of the chief executive is subject to Part 3 of Chapter 9.Note. Under Part 3 of Chapter 9, the chief executive is a member of the Health Executive Service.
Omit the subsection (and the note to the subsection).
[9] Section 33 Staff of area health services
Omit the section.
[10] Section 39 Area health service may make by-laws
Omit section 39 (1) (d).
[11] Section 40 Delegations by area health service
Omit “of its officers or employees” from section 40 (1).Insert instead “member of the NSW Health Service”.
Omit the subsection.
[13] Section 45 Provisions relating to the corporate nature of statutory health corporations
Insert at the end of the section:(2) However, a statutory health corporation cannot employ any staff.Note. Staff may be employed under Part 1 of Chapter 9 in the NSW Health Service to enable a statutory health corporation to exercise its functions.
[14] Section 49 Membership of health corporation board
Omit section 49 (2). Insert instead:(2) One of the persons appointed by the Minister is to be a member of the NSW Health Service who is employed in connection with the board governed health corporation concerned.
[15] Section 51 Appointment of chief executive
Omit section 51 (2)–(5). Insert instead:(2) If the position of chief executive is an executive position within the meaning of Part 3 of Chapter 9, the employment of the chief executive is subject to that Part.(3) If the position of chief executive is not an executive position within the meaning of Part 3 of Chapter 9, the chief executive is, while holding that office, to be employed under Part 1 of Chapter 9 in the NSW Health Service.
[16] Section 52 Removal of members and appointment of administrator
Omit section 52 (7).
[17] Section 52A Appointment of chief executive
Omit section 52A (2)–(4). Insert instead:(2) If the position of chief executive is an executive position within the meaning of Part 3 of Chapter 9, the employment of the chief executive is subject to that Part.(3) If the position of chief executive is not an executive position within the meaning of Part 3 of Chapter 9, the chief executive:(a) is, while holding that office, taken to be employed under Part 1 of Chapter 9 in the NSW Health Service, and(b) may at any time, for any reason or no reason and without notice, be removed from office by the Director-General.
[18] Section 54 Staff of statutory health corporations
Omit the section.
[19] Section 60 Statutory health corporation may make by-laws
Omit section 60 (1) (d).
[20] Section 61 Delegations by statutory health corporations
Omit “of its officers or employees” from section 61 (1).Insert instead “member of the NSW Health Service”.
Omit the subsection. Insert instead:(4) For the purposes of this section, the functions of a board governed health corporation include the functions of its health corporation board.
Insert after section 62:62A Declared affiliated health organisations
(1) The affiliated health organisations specified in the regulations under this section are declared affiliated health organisations for the purposes of this Act.(2) Any such regulation may apply only to such of the recognised establishments or recognised services (or parts of them) of an affiliated health organisation as are specified in the regulation. In any such case, the organisation concerned is a declared affiliated health organisation for the purposes of this Act only to the extent of its recognised establishments or services (or parts of them) that are so specified.(3) A declared affiliated health organisation must not employ any staff in respect of its recognised establishments and recognised services.Note. Staff may be employed under Part 1 of Chapter 9 in the NSW Health Service to enable a declared affiliated health organisation to exercise its functions in respect of its recognised establishments and recognised services.(4) However, nothing in this section prevents a declared affiliated health organisation from entering into arrangements for the management, on its behalf, of its recognised establishments or recognised services.(5) A regulation cannot be made under this section in relation to an affiliated health organisation except with the concurrence of the affiliated health organisation.
[23] Section 63 Affiliated health organisations may make by-laws
Insert after section 63 (1):(1A) Subsection (1) (e) does not apply in relation to a declared affiliated health organisation.
Insert after section 63:63A Criminal and disciplinary matters concerning employees of non-declared affiliated health organisations
(1) In this section, non-declared organisation means an affiliated health organisation that is not a declared affiliated health organisation.(2) The provisions of Part 2 of Chapter 9 apply, with such modifications as are necessary, to and in respect of a non-declared organisation and its employees in the same way as those provisions apply to and in respect of a declared affiliated health organisation and the members of the NSW Health Service who are employed under Part 1 of Chapter 9 in connection with the declared affiliated health organisation.
Insert after section 64:64A Regulations relating to movement of staff between NSW Health Service and non-declared affiliated health organisations
(1) This section does not apply to or in respect of a declared affiliated health organisation.(2) The regulations may make provision for or with respect to the movement of staff between affiliated health organisations and the NSW Health Service.(3) Without limiting subsection (2), any such regulations may provide for:(a) the retention by any such staff of their accrued leave entitlements, and(b) the apportioning of the liability for the cost of accrued leave entitlements of staff who move between affiliated health organisations and the NSW Health Service.(4) The Minister may give directions to an affiliated health organisation for the purpose of making due allowance and appropriate adjustments for liabilities incurred by reason of the operation of any regulation made under this section (or liabilities with respect to accrued leave entitlements generally). Any such direction has effect despite any determination made in respect of the affiliated health organisation under section 127.
Insert after Chapter 5:(1) The Ambulance Service of NSW comprises those staff of the NSW Health Service who are employed primarily in connection with the provision of ambulance services under this Chapter.(2) The Director-General may appoint a chief executive of the Ambulance Service of NSW.(3) The employment of the chief executive is subject to Part 3 of Chapter 9.67B Provision etc of ambulance services
(1) The Director-General has, on behalf of the Crown, the following functions:(a) to provide, conduct, operate and maintain ambulance services,(b) to co-operate with or provide assistance to any person or organisation for the purposes of providing, conducting, operating and maintaining ambulance services,(c) in connection with ambulance services referred to in paragraph (a), to protect persons from injury or death, whether or not those persons are sick or injured,(d) to adopt and implement all necessary measures (including systems of planning, management and quality control) as will best ensure the efficient and economic operation and use of resources in the provision of ambulance services,(e) to consult and co-operate with individuals and organisations (including voluntary agencies, private agencies and public or local authorities) concerned with the provision of ambulance services,(f) to co-ordinate and plan the future development of ambulance services, and towards that end, to support, encourage and facilitate the organisation of community involvement in the planning of those services,(g) to set objectives and determine priorities in relation to the provision of ambulance services and to monitor whether those objectives are achieved,(h) to achieve and maintain adequate standards of ambulance services,(i) to make available to the public reports, information and advice concerning the operation of ambulance services,(j) to provide assistance to, or co-operate with, any person or organisation in connection with the depiction of ambulance services in the news or entertainment media,(k) to exercise such other functions in relation to ambulance services as may be conferred or imposed on the Director-General by the regulations.(2) The exercise of functions under this section in emergencies and rescue operations is subject to the State Emergency and Rescue Management Act 1989.67C Ambulance Services Advisory Council
(1) There is established by this Act an Ambulance Services Advisory Council.(2) The members of the Advisory Council are as follows:(a) the chief executive of the Ambulance Service of NSW,(b) not fewer than 8 and not more than 12 persons appointed by the Minister.(3) At least 3 of the appointed members are to be members of the Ambulance Service of NSW.(4) The other appointed members must each have such qualifications as the Minister considers necessary to enable the members to carry out their functions.(5) The function of the Advisory Council is to provide advice to the Director-General in relation to the exercise of the Director-General’s functions under this Chapter in relation to the provision of ambulance services.(6) The Advisory Council has such other functions as may be conferred or imposed on it by the Director-General.(7) Schedule 6 has effect with respect to the members and procedure of the Advisory Council.(1) The Minister may, by order published in the Gazette:(a) fix a scale of fees in respect of ambulance services provided by the Director-General, and(b) amend or revoke any scale of fees so fixed.(2) The Director-General may remit or postpone payment of any amount due in respect of ambulance services provided by the Director-General.(3) Nothing in this section affects Part 4 of the Health Insurance Levies Act 1982.67E Unauthorised provision of ambulance transport
(1) A person must not:(a) directly or indirectly provide or take part in the provision of transport for sick or injured persons for fee or reward, or(b) conduct for fee or reward any operations similar to the operations carried on by the Director-General under this Chapter,without the consent of the Director-General and except in accordance with such conditions (if any) as the Director-General may from time to time impose.Maximum penalty: 50 penalty units.
(2) The Director-General may revoke any consent given, or revoke or vary any condition imposed, under this section.(3) This section does not apply to:(a) the St John Ambulance Australia (NSW) in respect of operations similar to the operations lawfully carried on by that body immediately before the day on which this section commences, or(b) the Royal Flying Doctor Service of Australia (NSW Section), or(c) the mines rescue company, within the meaning of the Coal Industry Act 2001, (or a member, director or employee of that company) in the exercise of mines rescue functions under Division 3 of Part 3, or Part 4, of that Act, or(d) a member of the New South Wales Mines Rescue Brigade established under the Coal Industry Act 2001, or(e) any person (or class of persons) prescribed by the regulations.(1) A person must not organise, conduct or take part in the collection or soliciting of money or property from the public for, towards or in return for the provision of ambulance services without the consent of the Director-General and except in accordance with such conditions (if any) as the Director-General may from time to time impose.Maximum penalty: 50 penalty units.
(2) The Director-General may revoke any consent given, or revoke or vary any condition imposed, under this section.(3) This section does not apply to:(a) any person engaged in the conduct or operation of the State Ambulance Insurance Plan established under the Health Insurance Levies Act 1982, or(b) an insurer under a policy of insurance to the extent that the money or the property represents consideration for an indemnity provided in that policy against the cost of the transport of a sick or injured person, being an indemnity incidental to the risks insured under that policy, or(c) any person (or class of persons) prescribed by the regulations.67G False calls for provision of ambulance services
A person who requests the provision of an ambulance service knowing that no ambulance service is in the circumstances required or likely to be required by any person is guilty of an offence.Maximum penalty: 50 penalty units.
67H Honorary ambulance officers
(1) The Director-General may appoint such persons as the Director-General thinks fit to be honorary ambulance officers.Note. Honorary ambulance officers are not members of the NSW Health Service employed under Part 1 of Chapter 9.(2) Honorary ambulance officers:(a) may carry out, without remuneration, such of the functions of the Director-General under this Act as the Director-General may from time to time direct, and(b) are subject to the control and supervision of the Director-General.67I Exculpation from personal liability
A member of staff of the Ambulance Service of NSW or an honorary ambulance officer is not liable for any injury or damage caused by the member of staff or officer in the carrying out, in good faith, of any of the member’s or officer’s duties relating to:(a) the provision of ambulance services, or(b) the protection of persons from injury or death, whether or not those persons are or were sick or injured.
Omit the Part. Insert instead:Part 1 Employment of staff in the NSW Health Service
(1) The NSW Health Service consists of those persons who are employed under this Part by the Government of New South Wales in the service of the Crown.(2) This Part does not affect any other means (statutory or otherwise) by which persons may be employed in the service of the Crown.Note. Other ways in which persons are employed in the service of the Crown include employment in the Government Service (see Chapter 1A of the Public Sector Employment and Management Act 2002), employment in the Teaching Service or employment in NSW Police.116 Employment of staff generally
(1) The Government of New South Wales may employ staff under this Part:(a) to enable area health services and statutory health corporations, and the public hospitals that they control, to exercise their functions, and(b) to enable declared affiliated health organisations to exercise their functions in relation to their recognised establishments and recognised services, and(c) to enable the Director-General to exercise his or her functions under Chapter 5A in relation to ambulance services, and(d) to enable the Director-General to exercise his or her functions under Part 1A of Chapter 10 in relation to the provision of health support services to public health organisations and the public hospitals that they control, and(e) to enable the Health Administration Corporation to exercise its functions under this or any other Act.(2) The employment of staff in the NSW Health Service, including the exercise of employer functions in relation to that staff, is subject to the requirements of this or any other Act relating to that staff.(3) The Director-General may, subject to subsection (2), exercise on behalf of the Government of New South Wales, the employer functions of the Government in relation to the staff employed in the NSW Health Service.Note. The Director-General’s functions under this or any other Act may, under section 21 of the Health Administration Act 1982, be delegated to any person.(4) The Director-General may create divisions (however described) of staff in the NSW Health Service.(5) This section does not limit the purposes for which, or the manner in which, staff may be employed in the NSW Health Service.116A Salary, conditions etc of staff employed in the NSW Health Service
(1) The Director-General may fix the salary, wages and conditions of employment of staff employed under this Part in so far as they are not fixed by or under any other law.(2) The Director-General may give directions to a public health organisation requiring the payment by the organisation, on behalf of the Government of New South Wales, of the salary, wages and other employment-related costs (such as superannuation, workers compensation, public liability insurance and vicarious tortious liability) of those members of the NSW Health Service who are employed under this Part to enable the public health organisation to exercise its functions.(3) The Director-General may enter into an agreement with any association or organisation representing a group or class of members of the NSW Health Service with respect to the conditions of employment (including salaries, wages or remuneration) of that group or class. Any such agreement may (subject to Part 2) extend to conditions in respect of the employment of persons convicted of, or charged with, serious sex or violence offences.(4) An agreement under subsection (3) binds all members of staff in the group or class affected by the agreement, and no such member, whether a member of the association or organisation with which the agreement was entered into or not, has any right of appeal against the terms of the agreement.(5) This section does not apply in relation to any conditions of employment determined under Part 3 of this Chapter of any member of staff of the NSW Health Service whose employment is subject to that Part.116B Special provisions relating to staff employed in connection with declared affiliated health organisations
(1) A person cannot be employed under this Part to enable a declared affiliated health organisation to exercise its functions in connection with its recognised establishments and recognised services unless the affiliated health organisation is satisfied that the person is suitable to carry out duties in connection with the organisation having regard to the health care philosophy of the organisation.(2) Section 56 of the Anti-Discrimination Act 1977 applies in relation to the employment under this Part of staff in connection with a declared affiliated health organisation.116C Transfer of staff within the NSW Health Service
(1) The Director-General may, on the ground of redundancy, direct the transfer of a member of the NSW Health Service (the staff member) from one position in the NSW Health Service to another position in the Service at a salary in accordance with any general determination under section 116A (1), but only if:(a) the Director-General is satisfied that:(i) the number of persons who are employed in or in connection with the public health organisation concerned exceeds the number that appears to be necessary for the effective, efficient and economical management of the functions and activities of the organisation, either generally or at a particular location, or(ii) the mix of skills or other expertise of the persons who are employed in or in connection with the public health organisation concerned appears to be unsuitable for the effective, efficient and economical management of the functions and activities of the organisation, either generally or at a particular location, and(b) the Director-General is satisfied that the staff member possesses the essential qualifications specified for the other position and the work assigned to the other position is appropriate to the skills and qualifications of the staff member, and(c) if the staff member is to be transferred to a position in connection with a declared affiliated health organisation—the affiliated health organisation has been consulted by the Director-General as to the suitability of the staff member to carry out duties in connection with the organisation having regard to the health care philosophy of the organisation.(2) If a staff member refuses a transfer from one position to another under this section, the Director-General may, if satisfied that the staff member has no valid reason for so refusing, dismiss the member from the NSW Health Service.(3) No compensation is payable in respect of the dismissal.(4) Nothing in this section affects the operation of Part 6 (Unfair dismissals) of Chapter 2 of the Industrial Relations Act 1996 or any other statutory right that a member of staff may have in relation to his or her dismissal from the NSW Health Service under this section.(5) Nothing in this section prevents the transfer, under any other law, of members of staff of the NSW Health Service.116D Director-General may arrange for use of services or facilities outside of NSW Health Service
For the purposes of facilitating the exercising of functions within the public health system, the Director-General may arrange for the use of the services of any staff (including by way of secondment to the NSW Health Service) or facilities of any Division of the Government Service or of a public or local authority.116E Obligations of declared affiliated health organisations under certain legislation
(1) For the purposes of the Occupational Health and Safety Act 2000, a declared affiliated health organisation has the functions and liabilities of an employer in respect of the staff who are employed in the NSW Health Service to enable the organisation to exercise its functions in relation to its recognised establishments and recognised services.(2) A reference in the Anti-Discrimination Act 1977 to an employer in relation to employment in the NSW Health Service in connection with a declared affiliated health organisation and its recognised establishments and recognised services is taken to be a reference to the declared affiliated health organisation.116F Operation of privacy legislation
If any staff are employed under this Part in the NSW Health Service to enable a public health organisation to exercise its functions, the staff are (however described) taken, for the purposes of the Privacy and Personal Information Protection Act 1998 and the Health Records and Information Privacy Act 2002, to be part of the public health organisation.116G Miscellaneous provisions relating to civil liability
(1) A reference in this section to a public health organisation does not include a reference to an affiliated health organisation unless it is a declared affiliated health organisation.(2) Part 5 of the Workers Compensation Act 1987 applies to work injury damages recoverable from the Government of New South Wales, and to work injury damages recoverable from a public health organisation, by or in respect of a person employed in the NSW Health Service to enable the public health organisation to exercise its functions. That Part so applies as if the public health organisation:(a) were an employer of the person in addition to the Government, and(b) were an employer liable to pay compensation under that Act.(3) A policy of insurance may be issued to the Government of New South Wales under the Workers Compensation Act 1987 that is limited to workers employed in connection with a particular public health organisation.(4) If:(a) a person is employed in the NSW Health Service to enable a public health organisation to exercise its functions, and(b) the Government of New South Wales is, as the person’s employer, proceeded against for any negligence or other tort of the person (whether the damages are recoverable in an action for tort or breach of contract or in any other action), and(c) the public health organisation is entitled under a policy of insurance or indemnity to be indemnified in respect of liability that the organisation may incur in respect of that negligence or other tort,the Government is subrogated to the rights of the public health organisation under that policy in respect of the liability incurred by the Government arising from that negligence or other tort.(5) For the purposes of Division 2 of Part 9 of Chapter 2 of the Industrial Relations Act 1996:(a) if a person who is member of the NSW Health Service is appointed (otherwise than on an acting basis) to another position in the NSW Health Service in connection with a different public health organisation or a different division of that Service, the person is taken to have entered into a new contract of employment in respect of that other position, and(b) the cessation of a person’s appointment (whether by way of dismissal, resignation, transfer or otherwise) to a position in the NSW Health Service is taken to terminate the person’s contract of employment in respect of that position.(6) However, a person who holds an appointment to a position that is abolished does not, for the purposes of subsection (5) (b), cease to be appointed to that position until:(a) such time as the person is appointed to another position in the NSW Health Service, or(b) such time as the person’s employment in the NSW Health Service is terminated,whichever occurs first.(7) In this section:work injury damages means damages recoverable from a public health organisation or the Government of New South Wales in respect of injury to or the death of a person employed in the NSW Health Service to enable the public health organisation to exercise its functions caused by the negligence or other tort of the public health organisation or the Government and arising out of the employment of the person by the Government, whether the damages are recoverable in an action for tort or breach of contract or in any other action, but does not include motor accident damages to which Chapter 5 of the Motor Accidents Compensation Act 1999 applies.
[28] Chapter 9, Part 2, heading
Omit “employees in”. Insert instead “staff of”.
Insert before section 117:In this Part:member of staff means a member of the NSW Health Service who is employed under Part 1 of this Chapter to enable a public health organisation to exercise its functions.
[30] Section 117 Duty to report certain criminal conduct and disciplinary matters
Omit “An employee of a public health organisation” from section 117 (1).Insert instead “A member of staff”.
[31] Section 117 (1) and (2) (a)
Omit “the organisation” wherever occurring.Insert instead “the relevant organisation”.
Omit “An employee appointed by a public health organisation”.Insert instead “A member of staff”.
Insert in alphabetical order:chief executive of the relevant organisation, in relation to a member of staff, means the chief executive of the public health organisation to which the member of staff has been assigned.
[34] Sections 117 (3) (definition of “relevant health professional registration Act”), 119, 120 and 121 (2)
Omit “an employee” wherever occurring. Insert instead “a member of staff”.
[35] Section 117A Duty of chief executive to report certain conduct
Omit section 117A (1). Insert instead:(1) The chief executive of a public health organisation is to report to a registration authority any conduct of a member of staff that the chief executive suspects on reasonable grounds may constitute professional misconduct or unsatisfactory professional conduct under the health registration Act by which the registration authority is constituted.
Omit the section. Insert instead:118 Disciplinary action in certain cases of serious sex or violence offences
(1) The chief executive of a public health organisation is, within 30 days (or such further period as may be agreed to by the Director-General) of becoming aware that a member of staff has been convicted (whether before or during his or her employment) of a serious sex or violence offence, to notify the Director-General of the staff member’s conviction.(2) On being notified under subsection (1), the Director-General is to afford the member of staff concerned a reasonable opportunity to make written submissions concerning any matter relevant to the conviction that the staff member wishes to have considered in determining what (if any) disciplinary action should be taken in relation to the staff member.(3) The Director-General may take such disciplinary action as the Director-General considers appropriate (having regard to section 119) against a member of staff who has been convicted (whether before or during his or her employment) of a serious sex or violence offence.(4) This section does not apply to a conviction that occurred before a person was employed if, before that employment, the person notified the Director-General in writing of the fact of the conviction.(5) This section extends to a conviction that occurred before the commencement of this section (as substituted by the Public Sector Employment Legislation Amendment Act 2006).(6) In this section:disciplinary action means:
(a) dismissal from the NSW Health Service, or(b) imposing conditions in respect of the supervision of, or reporting by, a member of staff or in respect of the scope of a staff member’s duties, or(c) transferring a member of staff to another position in the NSW Health Service.
[37] Section 121 Effect of Part
Omit section 121 (1).
Omit “the employee’s”. Insert instead “his or her”.
[39] Sections 121A (1) (definitions of “contract of employment” and “remuneration package”) and (2), 121C (1), (2) and (4), 121E (1), 121F (1) and (2) (c), 121G (1), 121I (definitions of “approved” and “employment benefit”), 121J (1), 121K (2) and (7), 121L (1), 121M (1) (d), 121N (1) and (2), 121P (2) and 121S
Omit “Health Administration Corporation” wherever occurring.Insert instead “Director-General”.
[40] Section 121B Composition of Health Executive Service
Insert after section 121B (1) (a):(a1) the chief executive of the Ambulance Service of NSW, and
Omit the paragraph. Insert instead:(b) the persons holding:(i) such positions in the NSW Health Service (including the Ambulance Service of NSW), and(ii) such positions as chief executive of a health corporation board, and(iii) such positions in the Health Professional Registration Boards Division of the Government Service,as are for the time being determined by the Director-General to be executive positions.
[42] Sections 121I (paragraph (a) of the definition of “employment benefit”), 121K (2), 121M (1) (d), 121N (2) (a), 126C and 126G (1) (a) and (2) (d)
Omit “the Corporation” wherever occurring.Insert instead “the Director-General”.
[43] Section 121N Removal of health executives from office
Omit section 121N (5). Insert instead:(5) A person who ceases to be a health executive because of subsection (4) ceases to be a member of staff of the NSW Health Service unless appointed to some other position in the NSW Health Service.
[44] Section 121P Incumbent officers’ accrued leave
Omit “the Public Service” from section 121P (5) (a).Insert instead “the Government Service”.
[45] Section 121Q Effect on incumbent when position ceases to be executive position
Omit section 121Q (1) (b). Insert instead:(b) any person holding the position ceases to be a member of staff of the NSW Health Service (or of the Government Service in the case of a person holding a position referred to in section 121B (1) (b) (iii)) unless appointed to some other position in the NSW Health Service (or in the Government Service in the case of a person holding a position referred to in section 121B (1) (b) (iii)) or unless declared to be an unattached officer under section 121N (2).
Omit the section.
Omit the section. Insert instead:126B Director-General to provide health support services
(1) The Director-General may provide health support services to public health organisations and the public hospitals that they control.(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.
[48] Section 126C Appointed bodies
Omit “The Corporation” wherever occurring from section 126C (1) and (5).Insert instead “The Director-General”.
Omit the sections.
[50] Section 126G Directions by Minister in relation to acquisition of health support services
Omit “its” wherever occurring from section 126G (2) (d).Insert instead “the Director-General’s”.
[51] Section 126H Consent of affiliated health organisations required for certain orders
Omit section 126H (1).
[52] Section 127 Determination of subsidies
Omit section 127 (4). Insert instead:(4) The Minister may attach to the payment of any subsidy (or part of any subsidy) such conditions as the Minister determines from time to time.
Insert after section 133:133A Nature of staffing arrangements
Any arrangements entered into by or on behalf of the Crown with a public health organisation in connection with the employment of staff in the NSW Health Service do not constitute an employment placement service for the purposes of Part 5C of the Fair Trading Act 1987.
Insert after section 140 (2) (i):(j) the control and governance of members of staff of the NSW Health Service and any other matter or thing necessary or convenient to ensure the maintenance of discipline and efficiency of that staff,(k) the conditions of employment (including salaries and wages) of persons employed by affiliated health organisations (other than declared affiliated health organisations) in respect of their recognised establishments and recognised services,(l) the management of, and accounting for, any funds (including the amount of any subsidy determined under section 127) paid by or on behalf of the State to a public health organisation to meet the employment-related costs and liabilities in relation to those members of the NSW Health Service who are employed in connection with the organisation,(m) the recognition of prior government service or public health system service for the purposes of calculating the long service leave entitlements of employees in the public health system.
[55] Schedule 4 Transfers, dissolutions, amalgamations and changes of name or nature of governance
Omit “staff,” wherever occurring from clauses 3 (1) (c) and (2) (c) and 4 (1) (c), (2) (c) and (3) (c).
[56] Schedule 4, clause 8 (1) (a)
Insert “or in connection with” after “employed in”.
[57] Schedule 5 Provisions relating to members and procedure of health corporation boards
Omit the definitions of elected staff member and member from clause 1.Insert instead:
member means a member of a health corporation board.
staff member means a member referred to in section 49 (2).
Omit the clause.
Omit “an elected” wherever occurring. Insert instead “the”.
Omit the paragraph. Insert instead:(h) being the staff member, ceases to be a member of staff of the NSW Health Service, or
Omit the subclause.
Insert after Schedule 5:Schedule 6 Provisions relating to members and procedure of Ambulance Services Advisory Council
(Section 67C (7))
In this Schedule:appointed member means a member other than the chief executive of the Ambulance Service of NSW.
member means any member of the Advisory Council.
staff member means a member referred to in section 67C (3).
2 Chairperson of Advisory Council
(1) Of the appointed members of the Advisory Council, one is, in and by the relevant instrument of appointment as such a member, or by another instrument executed by the Minister, to be appointed as Chairperson of the Advisory Council.(2) The Minister may remove an appointed member from the office of Chairperson of the Advisory Council.(3) A person who is an appointed member and Chairperson of the Advisory Council is to be taken to have vacated office as Chairperson if the person:(a) is removed from that office by the Minister under this clause, or(b) resigns that office by instrument in writing addressed to the Minister, or(c) ceases to be a member.3 Acting members and acting Chairperson
(1) The Director-General may, from time to time, appoint a person to act in the office of a member during the illness or absence of the member, and the person, while so acting, has all the functions of the member and is to be taken to be a member.(2) The Director-General may, from time to time, appoint a member to act in the office of Chairperson of the Advisory Council during the illness or absence of the Chairperson, and the member, while so acting, has all the functions of the Chairperson and is to be taken to be the Chairperson.(3) The Director-General may remove any person from any office to which the person was appointed under this clause.(4) For the purposes of this clause, a vacancy in the office of a member or the Chairperson of the Advisory Council is to be taken to be an absence from office of the member or Chairperson, as the case may be.An appointed member holds office, subject to this Schedule:(a) in the case of a staff member—for such period not exceeding 2 years, and(b) in any other case, for such period not exceeding 4 years,as may be specified in the instrument of appointment of the member, but is eligible (if otherwise qualified) for re-appointment.An appointed member is to be taken to have vacated office if the member:(a) dies, or(b) completes a term of office and is not re-appointed, or(c) resigns the office by instrument in writing addressed to the Minister, or(d) absents himself or herself from 4 consecutive meetings of the Advisory Council of which reasonable notice has been given to the member personally or in the ordinary course of post, except on leave granted by the Council or unless, before the expiration of 4 weeks after the last of those meetings, the member is excused by the Council for being absent from those meetings, or(e) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or(f) becomes a mentally incapacitated person, or(g) is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or upwards or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable, or(h) in the case of a staff member, ceases to be a member of the Ambulance Service of NSW.6 Disclosure of pecuniary interests
(1) A member:(a) who has a direct or indirect pecuniary interest in a matter being considered or about to be considered at a meeting of the Advisory Council, and(b) whose interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter,must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the Advisory Council.(2) A disclosure by a member at a meeting of the Advisory Council that the member:(a) is a member, or is in the employment, of a specified company or other body, or(b) is a partner, or is in the employment, of a specified person, or(c) has some other specified interest relating to a specified company or other body or to a specified person,is a sufficient disclosure of the nature of the interest in any matter relating to that company or other body or to that person which may arise after the date of the disclosure and which is required to be disclosed under this clause.(3) Particulars of any disclosure made under this clause are to be recorded by the members in a book kept for the purpose and that book is to be open at all reasonable hours to inspection by any person on payment of the fee determined by the members.(4) After a member has disclosed the nature of an interest in any matter, the member must not, unless the Director-General or the other members otherwise determine:(a) be present during any deliberation of the Advisory Council with respect to the matter, or(b) take part in any decision of the Council with respect to the matter.(5) For the purposes of the making of a determination by the members under subclause (4), a member who has a direct or indirect pecuniary interest in a matter to which the disclosure relates must not:(a) be present during any deliberation of the other members for the purpose of making the determination, or(b) take part in the making by the other members of the determination.(6) A contravention of this clause does not invalidate any decision of the Advisory Council.7 Effect of certain other Acts
(1) If by or under any Act provision is made:(a) requiring a person who is the holder of a specified office to devote the whole of his or her time to the duties of that office, or(b) prohibiting the person from engaging in employment outside the duties of that office,the provision does not operate to disqualify the person from holding that office and also the office of an appointed member or from accepting and retaining any remuneration payable to the person under this Act as such a member.(2) The office of an appointed member is not, for the purposes of any Act, an office or place of profit under the Crown.An appointed member is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the member.A matter or thing done or omitted to be done by the Advisory Council, a member or any person acting under the direction of the Council does not, if the matter or thing was done or omitted to be done in good faith for the purpose of executing this Act, subject the member or a person so acting personally to any action, liability, claim or demand.The procedure for the calling of meetings of the Advisory Council and for the conduct of business at those meetings is, subject to this Act and the regulations, to be as determined by the Council.The quorum for a meeting of the Advisory Council is a majority of the members for the time being.(1) The Chairperson of the Advisory Council or, in the absence of the Chairperson, another member elected as Chairperson for the meeting by the members present is to preside at a meeting of the Council.(2) The person presiding at any meeting of the Advisory Council has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.A decision supported by a majority of the votes cast at a meeting of the Advisory Council at which a quorum is present is the decision of the Council.14 First meeting of Advisory Council
The Director-General is to call the first meeting of the Advisory Council in such manner as the Director-General thinks fit.
[63] Schedule 7 Savings and transitional provisions
Insert at the end of clause 1 (1):
Insert after Part 4:Part 5 Provisions consequent on enactment of Public Sector Employment Legislation Amendment Act 2006
In this Part:amending Act means the Public Sector Employment Legislation Amendment Act 2006.
former corporation means the Ambulance Service of New South Wales constituted under the repealed Act.
relevant commencement means:
(a) in relation to an area health service or a statutory health corporation—the commencement of Schedule 2 [27] to the amending Act, or(b) in relation to an affiliated health organisation—the day on which the organisation becomes a declared affiliated health organisation.relevant public health organisation means:
(a) an area health service, or(b) a statutory health corporation, or(c) a declared affiliated health organisation.repeal date means the date on which the repealed Act is repealed by the amending Act.
repealed Act means the Ambulance Services Act 1990 as in force immediately before its repeal by the amending Act.
63 Transitional provision—construction of superseded references
(1) In any other Act, or in any instrument made under any Act or in any other instrument of any kind (whether enacted, made or executed before or after the commencement of this clause):(a) a reference to a member of staff or employee (however described) of a relevant public health organisation is to be read as including a reference to a member of staff of that part of the NSW Health Service comprising the group of staff who are employed under Part 1 of Chapter 9 to enable the public health organisation to exercise its functions, and(b) a reference to a relevant public health organisation in its capacity as an employer of staff (however described) is, to the extent that the staff concerned comprise a group of staff employed under Part 1 of Chapter 9 to enable the public health organisation to exercise its functions, to be read as including a reference to the Director-General, and(c) a reference to the Health Administration Corporation in relation to the employment of staff is to be read as including a reference to the Director-General.(2) This clause is subject to the regulations.64 Existing staff of public health organisations and Health Administration Corporation
(1) A person who, immediately before the relevant commencement, was employed as a member of staff (however described) of a relevant public health organisation or the Health Administration Corporation (the Corporation):(a) ceases, on that commencement, to be employed by the public health organisation or the Corporation, and(b) is taken, on that commencement, to be employed under Part 1 of Chapter 9 as a member of staff of the NSW Health Service.(2) Any such person who, under subclause (1), becomes a member of staff of the NSW Health Service:(a) is, until such time as provision is otherwise made under this Act or any other law, to continue to be employed in accordance with the same terms and conditions (including the terms of any State industrial instrument) that applied to the person as a member of staff of the relevant public health organisation or the Corporation, and(b) is taken, for the purposes of this clause, to have been transferred to the NSW Health Service from the employment of the public health organisation or the Corporation.(3) If an award under the Workplace Relations Act 1996 of the Commonwealth (the Federal award) applied to the person as a member of staff of the public health organisation or Corporation immediately before the relevant commencement, a State industrial instrument in the nature of an award is taken to have been created in the same terms as the Federal award and is taken to apply to the person for the purposes of subclause (2).(4) If a certified agreement under the Workplace Relations Act 1996 of the Commonwealth (the Federal agreement) applied to the person as a member of staff of the public health organisation or Corporation immediately before the relevant commencement, a State industrial instrument in the nature of an enterprise agreement is taken to have been created in the same terms as the Federal agreement and is taken to apply to the person for the purposes of subclause (2).(5) The terms of any such instrument created as provided by subclause (3) or (4) have effect despite anything to the contrary in the Annual Holidays Act 1944, the Long Service Leave Act 1955, the Industrial Relations Act 1996 or any other law of the State.(6) A person who is transferred under this clause:(a) retains any rights to annual leave, long service leave, sick leave, and other forms of leave, accrued or accruing in his or her employment with the organisation or body from which the person is transferred, and(b) is not entitled to receive any payment or other benefit merely because the person ceases to be a member of staff of the organisation or body from which the person is transferred, and(c) is not entitled to claim, both under this Act or any other Act, dual benefits of the same kind for the same period of service.(7) A relevant public health organisation is liable for the cost of any leave entitlements for a person who is transferred under this clause that have accrued up until the date on which the person is transferred (the transfer date).(8) The Minister may, from time to time, direct a relevant public health organisation to meet the cost of its liability in respect of any leave entitlements that have accrued before the transfer date. Any such direction has effect despite any determination made in respect of the public health organisation under section 127.(9) This clause is subject to the provisions of this Act and the regulations.65 Existing executive officers
Any person within the NSW Health Service who, immediately before the commencement of Schedule 2 [27] to the amending Act, was an executive officer under Part 3.1 of the Public Sector Employment and Management Act 2002, is taken, on that commencement, to be a health executive under Part 3 of Chapter 9 of this Act.66 Abolition of former corporation
(1) On the repeal date:(a) the former corporation is abolished, and(b) any assets, rights and liabilities of the former corporation become the assets, rights and liabilities of the Health Administration Corporation.(2) Except as provided by clause 71, a reference in any other Act, or in any instrument of any kind (including any contract or agreement) to the former corporation is to be construed as a reference to the Health Administration Corporation.(3) In this clause:assets means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description (including money), and includes securities, choses in action and documents.
liabilities means all liabilities, debts and obligations (whether present or future and whether vested or contingent).
rights means all rights, powers, privileges and immunities (whether present or future and whether vested or contingent).
(1) On the repeal date:(a) the Ambulance Service Board constituted under the repealed Act is abolished, and(b) each person who held office as a director of the Board (other than the Chief Executive Officer of the Board) immediately before that date ceases to hold that office.(2) A person who, under this clause, ceases to hold office is not entitled to any remuneration or compensation because of the loss of that office.(3) However, the person is taken to have been appointed as a member of the Ambulance Service Advisory Council, subject to Schedule 6 (as inserted by the amending Act), for the remainder of the term for which the person was appointed as a director of the Ambulance Service Board.68 Chief Executive Officer of Ambulance Service Board
(1) The person holding office as the Chief Executive Officer of the Ambulance Service Board immediately before the repeal date ceases to hold that office on that date but is taken to be employed as a health executive (within the meaning of Part 3 of Chapter 9) for the balance of the person’s term of appointment as Chief Executive Officer of the Ambulance Service Board.(2) The continuation of a person’s employment under subclause (1) is subject to Part 3 of Chapter 9.69 Transfer of staff of former corporation
(1) A person who, immediately before the repeal date, was employed as a member of staff of the former corporation, is taken, on that date, to be employed as a member of staff of the Ambulance Service of NSW.(2) Any such person who, under subclause (1), becomes a member of staff of the Ambulance Service of NSW is, until such time as provision is otherwise made under this Act or any other law, to continue to be employed in accordance with the same terms and conditions (including the terms of any State industrial instrument) that applied to the person as a member of staff of the former corporation.(3) A reference in any other Act or instrument to a member of staff (however described) of the former corporation is to be construed as a reference to a member of staff of the Ambulance Service of NSW.(4) This clause is subject to the provisions of this Act (including clause 70) and the regulations.70 Appointment of certain staff of former corporation as executive officers
(1) This clause applies to a position on the staff of the former corporation that is, as at the repeal date, the subject of a determination under section 121B (1) (b).(2) On the repeal date, a person who, immediately before that date, held a position to which this clause applies, or was an appointee to such a position, is taken to have been appointed to the position under section 121C (1).(3) Until further provision is made under Part 3 of Chapter 9, the person’s conditions of employment (including remuneration) are, subject to that Part, to be the same as those that applied to the person immediately before the repeal date.71 Continuation of regulation made under repealed Act
(1) The Ambulance Services Regulation 2005, as in force immediately before the repeal date, continues in force and is taken to be a regulation made under this Act.(2) The Regulation continued in force by subclause (1) (the continued regulation) may be amended and repealed in the same way as any other regulation made under this Act.(3) A reference in the continued regulation to the Ambulance Service (other than a reference that relates to a member of staff of the Ambulance Service) is to be construed as a reference to the chief executive of the Ambulance Service of NSW.(4) In exercising any of the functions of the former corporation under the continued regulation, the chief executive of the Ambulance Service of NSW may delegate to any person any of the functions that the chief executive may exercise as a result of subclause (3).72 Existing workers compensation policies of insurance
A policy of insurance issued to a public health organisation under the Workers Compensation Act 1987 and in force immediately before the relevant commencement for the organisation concerned is also taken to have been issued to the Government of New South Wales (but only as a policy that is limited to workers employed in the NSW Health Service to enable the public health organisation to exercise its functions).73 Special provisions relating to The Stewart House Preventorium, Curl Curl
(1) The amendments made to this Act by the amending Act do not apply to or in respect of The Stewart House Preventorium until the day appointed by proclamation by the Governor for the purposes of this clause.(2) Until that appointed day, this Act continues to apply to and in respect of the The Stewart House Preventorium (including in relation to the employment of any staff) as if the amending Act had not been enacted.
Insert in alphabetical order:Ambulance Service of NSW—see section 67A.
ambulance services means services relating to the work of rendering first aid to, and the transport of, sick and injured persons.
declared affiliated health organisation—see section 62A.
honorary ambulance officer means a person appointed to be an honorary ambulance officer under section 67H.
member of the NSW Health Service means any person who is employed under Part 1 of Chapter 9 in the NSW Health Service.
[66] Dictionary, definition of “NSW Health Service”
Omit the definition. Insert instead:NSW Health Service means the NSW Health Service referred to in section 115.