Cancer Institute (NSW) Amendment Act 2012 (NSW)

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.

1Name of Act

This Act is the Cancer Institute (NSW) Amendment Act 2012.

2Commencement

This Act commences on a day or days to be appointed by proclamation.

Schedule 1Amendment of Cancer Institute (NSW) Act 2003 No 14[1]Section 3 Definitions

Omit the definition of Chief Cancer Officer from section 3 (1).

Insert instead:

Chief Cancer Officer means the Chief Cancer Officer appointed under section 10.

[2]

(Repealed)

[3]Section 10 Chief Cancer Officer

Omit section 10 (1) and (2). Insert instead:

(1)

There is to be a Chief Cancer Officer.

(2)

If the position of Chief Cancer Officer is an executive position within the meaning of Part 3 of Chapter 9 of the Health Services Act 1997, the appointment and employment of the Chief Cancer Officer is subject to that Part.

(2A)

If the position of Chief Cancer Officer is not an executive position within the meaning of Part 3 of Chapter 9 of the Health Services Act 1997:

• (a)

  the Chief Cancer Officer is to be appointed by the Minister, and

• (b)

  the Chief Cancer Officer is, while holding that office, to be employed under Part 1 of Chapter 9 of the Health Services Act 1997 in the NSW Health Service.

[4]Section 10 (5), (7) and (8)

Omit the subsections.

[5]

(Repealed)

[6]Section 12 General functions of Cancer Institute

Omit the note to section 12 (4). Insert instead:

Note—

Staff may be employed under Chapter 9 of the Health Services Act 1997 in the NSW Health Service to enable the Cancer Institute to exercise its functions under this or any other Act.

[7]–[10]

(Repealed)

[11]Schedule 3

Insert after Schedule 2:

Schedule 3Savings, transitional and other provisionsPart 1General1Regulations(1)

The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any Act that amends this Act.

(2)

Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.

(3)

To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as:

• (a)

  to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or

• (b)

  to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

Part 2Provisions consequent on enactment of Cancer Institute (NSW) Amendment Act 20122Transfer of staff(1)

A person who, immediately before the commencement of this clause, was employed under Chapter 1A of the Public Sector Employment and Management Act 2002 to enable the Cancer Institute to exercise its functions is, on that commencement, transferred to the employment of the NSW Health Service under Part 1 of Chapter 9 of the Health Services Act 1997.

(2)

However, if a person referred to in subclause (1) was, immediately before the commencement of this clause, an executive officer under Part 3.1 of the Public Sector Employment and Management Act 2002, that person is, on that commencement, taken to be a health executive under Part 3 of Chapter 9 of the Health Services Act 1997.

(3)

The regulations may make provision for or with respect to the transfer of employment of such persons.

3Saving of appointment of members of Board(1)

The substitution of section 8 (1) (a) by the Cancer Institute (NSW) Amendment Act 2012 does not affect the appointment of any member of the Board holding office under that provision immediately before the substitution.

(2)

The amendment of clause 4 of Schedule 1 to the Act by the Cancer Institute (NSW) Amendment Act 2012 does not affect the term of office of any person holding office as a member of the Board on the commencement of the amendment.

4Chief Cancer Officer

The person holding office as Chief Cancer Officer, immediately before the commencement of the amendment to section 10 by the Cancer Institute (NSW) Amendment Act 2012, is taken, on that commencement, to be employed as a health executive (within the meaning of Part 3 of Chapter 9 of the Health Services Act 1997) for the balance of the person’s term of appointment as Chief Cancer Officer.

Schedule 2Amendment of other ActsHealth Services Act 1997 No 154[1]Section 116 Employment of staff generally

Insert at the end of section 116 (1) (e):

•

, and

(f)

to enable the Cancer Institute (NSW) to exercise its functions under this or any other Act.

[2]

(Repealed)

Public Sector Employment and Management Act 2002 No 43

Omit the matter relating to the Cancer Institute Division from Part 2 of the Schedule.