Introduction
1 Name of Act
2 Commencement
3 Definitions
4 Objects of Act
5 Notes
Chapter 2 Structure of the public health system
Introduction
6 What is the public health system?
7 What is a public health organisation?
8 What is an area health service?
9 Primary purposes of area health services
10 Functions of area health services
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 Who constitutes the NSW Health Service?
Chapter 3 Area health services
Introduction
Part 1 Constitution of area health services
17 Constitution of area health services
18 Areas in respect of which area health services constituted
19 Amendment of Schedule 1 (Names and areas of area health services)
20 Dissolution, amalgamation or change of name of area health services
21 Consequential and transitional provisions on the making of orders
22 Provisions relating to the corporate nature of area health services
23 Constitution of boards
24 Board to control affairs of area health service
25 Board subject to control and direction of Minister
26 Membership of boards
27 Provisions relating to members and procedure of boards
28 Chief executive officer of area health service
29 Removal of members and appointment of administrator
Part 3 Functions of area health services
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 Minister may determine role, functions and activities of area health services
33 Staff of area health services
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 area health service
38 Investments
39 Area health service may make by-laws
40 Delegations by area health service
Chapter 4 Statutory health corporations
Introduction
Part 1 Constitution of statutory health corporations
41 Constitution of statutory health corporations
42 Amendment of Schedule 2 (Names of statutory health corporations)
43 Dissolution, transfer, amalgamation or change of name 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 Health corporation boards
46 Constitution of health corporation boards
47 Health corporation board to control affairs of statutory 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 Chief executive officer of statutory health corporation
52 Removal of members and appointment of administrator
Part 3 Functions of statutory health corporations
53 Minister may determine functions of statutory health corporations
54 Staff of statutory health corporations
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 corporation
59 Investments
60 Statutory health corporation may make by-laws
61 Delegations by statutory health corporation
Chapter 5 Affiliated health organisations
Introduction
62 Recognition of affiliated health organisations
63 Affiliated health organisations may make by-laws
64 Transfer of recognised establishments and recognised services of affiliated health organisations
65 Minister may determine role, functions and activities of affiliated health organisations
66 Appointment of chief executive officers 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 6 Medicare Principles and Commitments
Introduction
68 Medicare Principles and Commitments
Chapter 7 Charges for health services
Introduction
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
Introduction
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?
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 a determination
98 Determination contractually binding
Part 3 Criminal and disciplinary matters concerning visiting practitioners
99 Duty to report certain criminal and disciplinary matters
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
Introduction
115 Determination of conditions of employment of staff
116 Transfers of employees in NSW Health Service
Part 2 Criminal and disciplinary matters concerning employees in NSW Health Service
117 Duty to report certain criminal conduct and disciplinary matters
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
121 Effect of Part on other rights
Chapter 10 Administration of the public health system
Introduction
122 Functions of the Director-General
123 Inquiries by Director-General
124 Authorised officers
125 Powers of entry and inspection
126 Director-General may enter into performance agreement with a public health organisation
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 area health services 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 area health services and statutory health corporations
132 Consequential and transitional provisions on the making of orders
Introduction
133 Establishment of Samaritan Funds
134 Obstructing or hindering Minister, Director-General, authorised officer or other public official
135 Authentication of certain documents
136 Proof of certain matters not required
137 Proceedings for offences
138 Repeal of the Area Health Services Act 1986 No 50 and the Public Hospitals Act 1929 No 8
139 (Repealed)
140 Regulations
141 Savings and transitional provisions
142 Review of Act
Schedule 1 Names and areas of area health services
Schedule 2 Names of statutory health corporations
Schedule 3 Affiliated health organisations
Schedule 4 Transfers, dissolutions, amalgamations and changes of name