Health Commission (Amendment) Act 1978 (NSW)

HEALTH COMMISSION (AMENDMENT) ACT,

1978, No. 110

ANNO VICESIMO SEPTIMO

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ELIZABETHE II REGINE

Act No. 110, 1978.

An Act to amend the Health Commission Act, 1972, with respect to the membership of the Health Commission of New South Wales, and for certain other purposes. [Assented to, 20th December, 1978.]

B E it enacted by the Queen's Most Excellent Majesty, by and with

the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—

1. This Act may be cited as the "Health Commission (Amendment) Act, 1978".

(1) Except as provided in subsection (2), this Act shall commence on the date of assent to this Act.

2.

(2) Schedule 1, and section 5 in its application to Schedule 1, shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

The Health Commission Act, 1972, is referred to in this Act as the Principal Act.

3 .

4.     This Act contains the following Schedules : —

SCHEDULE 1.—AMENDMENTS TO THE PRINCIPAL ACT

RELATING TO THE MEMBERSHIP OF THE HEALTH

COMMISSION.

SCHEDULE 2.—AMENDMENTS TO THE PRINCIPAL ACT BY

WAY OF STATUTE LAW REVISION.

SCHEDULE 3.—SAVINGS AND TRANSITIONAL PROVISIONS.

5. The Principal Act is amended in the manner set forth in

Schedules 1 and 2.

6. Schedule 3 has effect.

SCHEDULE 1.

AMENDMENTS TO THE PRINCIPAL ACT RELATING TO THE

MEMBERSHIP OF THE HEALTH COMMISSION.

(1) (a) Section 5 (1)-

Omit "members", insert instead "commissioners".

(b) Section 5 (4) , (5)—

After section 5 (3), insert :—

(4) At least two of the members shall be medical

practitioners.

(5) A reference in this or any other Act or in any
regulation, by-law or other statutory instrument or in

any other document, whether of the same or of a

be construed as a reference to a person appointed different kind, to a member of the Commission shall under this Act as a commissioner.

(2) Section 6—

Omit the section, insert instead :—

6.  Subject to section 8, of the members—

(a) one shall be appointed as the Chairman of the Commission; and

SCHEDULE 1—continued.

AMENDMENTS TO THE PRINCIPAL ACT RELATING TO THE

MEMBERSHIP OF THE HEALTH COMMISSION—continued.

(b) one shall be appointed as the Deputy Chairman

of the Commission,

whether by the same instrument as, or by a separate instrument from, the instrument by which they were respectively appointed as commissioners.

( 3 ) (a) Section 7 (5)—

Omit referred to in section 6 (1),".

(b) Section 7 (6 )—

Omit ", referred to in section 6 ( 1 ) , of", insert instead

"of the member appointed as".

SCHEDULE 2.

AMENDMENTS TO THE PRINCIPAL ACT BY WAY OF STATUTE

LAW REVISION.

(1) Section 7 (8 )—

Omit the subsection.

(2) (a) Section 10 (1) (e)—

Omit "temporary patient or", insert instead

"temporary patient,". (b) Section 10 (1) (e) — Omit "detention,", insert instead "detention".

SCHEDULE 2—continued.

AMENDMENTS TO THE PRINCIPAL ACT BY WAY OF STATUTE

LAW REVISION—continued.

(3) Section 14 C D -

Omit the subsection, insert instead :—

(1) Such, officers and employees as may be necessary to enable the Commission to exercise and perform its powers, authorities, duties and functions under this or any other Act may be appointed and employed under and subject to the Public Service Act, 1902.

(4) Section 17—

Omit the section.

(5) Section 26 (c )—

Omit "or employee", insert instead ", employee or servant".

(6) Section 28—

Omit "other officer or employee", insert instead "officer,

employee or servant".

(7) Section 33 (2) ( a )—

Omit the paragraph.

(8) Schedule, Part 1—

Omit the matter relating to the King George V and Queen Mary Maternal and Infant Welfare Foundation Act, 1937.

SCHEDULE 3.

SAVINGS AND TRANSITIONAL PROVISIONS.

1. In this Schedule, "Commission" means the Health Commission of New South Wales.

2. The persons holding office as members of the Commission immediately before the commencement of Schedule 1—

(a)	shall be deemed to have been appointed, upon that commencement, as commissioners under the Principal Act, as amended by this Act;
(b)	shall be deemed to have been so appointed for the balance of the term for which they were respectively last appointed as members of the Commission, and
(c)	shall, subject to clause 3, cease, upon that commence­ ment, to hold the offices referred to in section 6 (1) of the Principal Act.

3. The persons holding office as the Chairman and the Deputy Chairman of the Commission immediately before the commence­ ment of Schedule 1 shall be deemed to have been appointed, upon that commencement, as the Chairman and the Deputy Chairman, respectively, under section 6 of the Principal Act, as amended by this Act.

4. A reference in any other Act or in any regulation, by-law or other statutory instrument or in any other document, whether of the same or of a different kind, to a member of the Commission by reference to an office referred to in section 6 ( 1 ) (b) , (c), (d)

or (e) of the Principal Act shall, as from the commencement of
Schedule 1, be read and construed as a reference to any of the

members of the Commission, other than the Chairman.