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  • New South Wales

    Health Services Act 1997 No 154

    Status information

    Currency of versionHistorical version for 1 January 2012 to 5 January 2012 (generated 9 January 2012 at 14:32). Legislation on the NSW legislation website is usually updated within 3 working days.

    Provisions in forceAll the provisions displayed in this version of the legislation have commenced. For commencement and other details see the Historical notes.

    Does not include amendments by:Public Health Act 2010 No 127 (not commenced)Statute Law (Miscellaneous Provisions) Act (No 2) 2011 No 62 (not commenced to commence on 6.1.2012)

    This version of the legislation is compiled and maintained in a database of legislation by the Parliamentary CounselsOffice and published on the NSW legislation website.

  • Contents

    New South Wales

    Health Services Act 1997 No 154

    Page

    Chapter 1 Preliminary1 Name of Act 22 Commencement 23 Definitions 24 Objects of Act 25 Notes 3

    Chapter 2 Structure of the public health system6 What is the public health system? 47 What is a public health organisation? 48 What is a local health district? 49 Primary purposes of local health districts 4

    10 Functions of local health districts 411 What is a statutory health corporation? 612 Functions of statutory health corporations 6

    Historical version for 1.1.2012 to 5.1.2012 (generated on 9.01.2012 at 14:32)

  • Health Services Act 1997 No 154

    Contents

    Page

    13 What is an affiliated health organisation? 714 Functions of affiliated health organisations 715 What is a public hospital? 716 (Repealed) 8

    Chapter 3 Local health districts

    Part 1 Constitution of local health districts17 Constitution of local health districts 918 Areas in respect of which local health districts constituted 919 Amendment of Schedule 1 (Names and areas of local health

    districts) 920 Dissolution, amalgamation or change of name of local health

    districts 1021 Consequential and transitional provisions on the making of

    orders 1022 Provisions relating to the corporate nature of local health districts

    11

    Part 2 Control and management of local health districtsDivision 1 The chief executive23 Appointment of chief executive 1124 Chief executive to manage and control affairs of local health

    district 1125 Functions of chief executive generally 12

    Division 2 Local health district boards26 Constitution of local health district boards 1227 (Repealed) 1328 Functions of local health district boards 1329 Removal of members of local health district board and

    appointment of administrator 1429A (Repealed) 15

    Division 3 Other committees and councils29B Other committees and councils 15

    Part 3 Functions of local health districts30 Combined management or assistance in management of public

    hospitals, health institutions, health services or health support services 15

    31 Opening and closing of hospitals, health institutions, health services or health support services 16

    Contents page 2

    Historical version for 1.1.2012 to 5.1.2012 (generated on 9.01.2012 at 14:32)

  • Health Services Act 1997 No 154

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    32 Determination of role, functions and activities of local health districts 16

    33 (Repealed) 1634 Powers in relation to property 1735 Application of Public Works Act 1912 1736 Power to accept property by gifts, devises and bequests 1837 Contracts of local health district 1838 Investments 1839 Local health district may make by-laws 1940 Delegations by local health district 20

    Chapter 4 Statutory health corporations

    Part 1 Constitution of statutory health corporations41 Constitution of statutory health corporations 2242 Amendment of Schedule 2 (Statutory health corporations) 2243 Dissolution, transfer, amalgamation or change of name or nature

    of governance of statutory health corporations 2244 Consequential and transitional provisions on the making of

    orders 2345 Provisions relating to the corporate nature of statutory health

    corporations 23

    Part 2 Control and management of statutory health corporationsDivision 1 Board governed health corporations46 Constitution of health corporation boards 2447 Health corporation board to control affairs of board governed

    health corporation 2448 Health corporation board subject to control and direction of

    Minister 2449 Membership of health corporation board 2450 Provisions relating to members and procedure of boards 2551 Appointment of chief executive 2552 Removal of members and appointment of administrator 25

    Division 2 Chief executive governed health corporations52A Appointment of chief executive 2652B Chief executive to manage and control affairs of chief executive

    governed health corporation 2752C Functions of chief executive generally 2752D Advisory councils 2752E Other committees and councils 27

    Contents page 3

    Historical version for 1.1.2012 to 5.1.2012 (generated on 9.01.2012 at 14:32)

  • Health Services Act 1997 No 154

    Contents

    Page

    Division 3 Specialty network governed health corporations52F Boards of specialty network governed health corporations 2752G Chief executives of specialty network governed health

    corporations 28

    Part 3 Functions of statutory health corporations53A Combined management or assistance in management of public

    hospitals, health institutions, health services or health support services 28

    53 Determination of functions of statutory health corporations 2954 (Repealed) 2955 Powers in relation to property 3056 Application of Public Works Act 1912 3057 Power to accept property by gifts, devises and bequests 3158 Contracts of statutory health corporations 3159 Investments 3160 Statutory health corporation may make by-laws 3261 Delegations by statutory health corporations 33

    Chapter 5 Affiliated health organisations62 Recognition of affiliated health organisations 35

    62A Declared affiliated health organisations 3662B Recognition of networked affiliated health organisations 36

    63 Affiliated health organisations may make by-laws 3763A Criminal and disciplinary matters concerning employees of

    non-declared affiliated health organisations 3964 Transfer of recognised establishments and recognised services

    of affiliated health organisations 3964A Regulations relating to movement of staff between NSW Health

    Service and non-declared affiliated health organisations 4065 Minister may determine role, functions and activities of affiliated

    health organisations 4066 Appointment of chief executives of public hospitals and health

    services of affiliated health organisations 4067 Liability of affiliated health organisations in relation to recognised

    establishments and recognised services 41

    Chapter 5A Ambulance services67AA Definition 4267AB Appointed body 42

    67A Ambulance Service of NSW 4267B Provision etc of ambulance services 4267C Ambulance Services Advisory Council 4467D Scale of fees 44

    Contents page 4

    Historical version for 1.1.2012 to 5.1.2012 (generated on 9.01.2012 at 14:32)

  • Health Services Act 1997 No 154

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    67E Unauthorised provision of ambulance transport 4467F Unauthorised collections 4567G False calls for provision of ambulance services 4667H Honorary ambulance officers 4667I Exculpation from personal liability 4667J Obstruction of and violence against ambulance officers 46

    Chapter 6 Medicare Principles and Commitments68 Medicare Principles and Commitments 48

    Chapter 7 Charges for health services69 Scale of fees 5070 Liability of persons for health service fees 5071 Care and treatment to be provided to persons without means5172 Cost of relief granted to injured persons to be a charge on

    damages 5173 Order not to be made in certain circumstances 5274 Fees for medical attendance 5275 Hospital and other health services provided by Crown 52

    Chapter 8 Visiting practitioners

    Part 1 Classification of visiting practitioners76 Who is a visiting practitioner? 5377 What are the kinds of visiting practitioners? 5378 Who is a visiting medical officer? 5479 Who is an honorary medical officer? 54

    Part 2 Service contractsDivision 1 Classification of service contracts80 What is a service contract? 5481 What are the kinds of service contracts? 5482 What is a fee-for-service contract? 5583 What is a sessional contract? 5584 What is an honorary contract? 55

    Division 2 Entry into service contracts85 When can medical practitioners elect to provide their services

    through their practice companies? 5586 Service contracts to be in writing 5587 Minister may approve of standard conditions for service contracts

    56

    Contents page 5

    Historical version for 1.1.2012 to 5.1.2012 (generated on 9.01.2012 at 14:32)

  • Health Services Act 1997 No 154

    Contents

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    88 Standard service contracts to be used 56

    Division 3 Arbitrations concerning certain service contracts in the public health system generally

    89 Application for appointment of arbitrator 5690 Appointment of arbitrator by relevant Minister 5791 Nature of determination 5792 Manner of exercise of arbitrators functions 5793 Rights of appearance, administration of oaths, legal

    representation 5894 Conduct of proceedings and protection of arbitrator 5895 Notification of determination and finality of determination 5896 Appeal to Full Bench of the Industrial Relations Commission 5997 Interpretation of a determination 5998 Determination contractually binding 59

    Part 3 Criminal and disciplinary matters concerning visiting practitioners99 Duty to report certain criminal and disciplinary matters 60

    99A Duty of chief executive to rep

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