Health Services Amendment (Local Health Districts and Boards) Act 2011 (NSW)
An Act to amend the Health Services Act 1997 to constitute local health districts and establish boards for such districts; to make consequential amendments to certain Acts and statutory rules; and for other purposes.
This Act is the Health Services Amendment (Local Health Districts and Boards) Act 2011.
This Act commences on a day or days to be appointed by proclamation.
Omit the section. Insert instead:
There are constituted by this section such local health districts as are specified from time to time in column 1 of Schedule 1.
A local health district is a body corporate with the corporate name specified in column 1 of Schedule 1.
Omit the section. Insert instead:
A local health district board is to be established for each local health district.
A local health district board is to consist of 6 to 13 persons appointed by the Minister, selected in accordance with subsections (3) and (4).
The Minister is to select the membership of a local health district board so that the membership of the board has an appropriate mix of skills and expertise required to oversee and provide guidance to the district, including members who:
(a) have expertise and experience in health management, business management and financial management, and
(b) have expertise and experience in the provision of clinical and other health services, and
(c) where appropriate, are representatives of universities, clinical schools or research centres, and
(d) have knowledge and understanding of the community served by the district, and
(e) have other backgrounds, skills, expertise, knowledge or experience appropriate for the district.
A local health district board is to have at least one member (who may also be one of the kinds of members referred to in subsection (3) (a)–(e)) who has expertise, knowledge or experience in relation to Aboriginal health.
A member of a local health district board holds office for such period (not exceeding 4 years) as may be specified in the member’s instrument of appointment.
A member whose term of office expires is eligible (if otherwise qualified) for re-appointment, but may not be appointed so as to hold office for more than 8 years in total (whether or not the appointments are consecutive).
One of the members of a local health district board is, by the relevant instrument of appointment or by a further instrument signed by the Minister, to be appointed as the chairperson of the board.
A member of a local health district board 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.
Subject to this section, the constitution and procedure of a local health district board are to be as prescribed by the regulations.
Insert “specialty” before “network” in section 41 (3).
Insert “specialty” before “network” wherever occurring in section 42 (a1).
Omit the section. Insert instead:
A board is to be established for each specialty network governed health corporation.
The provisions of Division 2 of Part 2 of Chapter 3 (except section 26 (1)) apply in relation to a board of a specialty network governed health corporation in the same way as they apply to a local health district board, subject to the following modifications:
(a) a reference in those provisions (however expressed) to a local health district board is to be read as if it were a reference to the board for a specialty network governed health corporation,
(b) a reference in those provisions (however expressed) to a local health district is to be read as if it were a reference to a specialty network governed health corporation,
(c) a reference in those provisions (however expressed) to the chief executive of a local health district is to be read as if it were a reference to the chief executive of a specialty network governed health corporation,
(d) such other modifications as may be prescribed by the regulations.
Omit “
Omit “local health network” and “Network” wherever occurring.
Insert instead “local health district” and “District”, respectively.
Omit “Network” wherever occurring in column 2.
Insert instead “Specialty network”.
Insert at the end of clause 1 (1):
Health Services Amendment (Local Health Districts and Boards) Act 2011
Insert after Part 7:
In this Part:
For the purposes of the definition of
On the reconstitution day:
(a) each existing local health network is dissolved, and
(b) each existing local health network governing council is dissolved, and
(c) the members (including chairpersons and deputy chairpersons) of each existing local health network governing council cease to hold office as such, but are eligible (if otherwise qualified) to be appointed as members (including chairpersons and deputy chairpersons) of local health district boards, and
(d) any person who ceases to be a member (including a chairperson or deputy chairperson) of an existing local health network governing council because of the operation of this clause is not entitled to any compensation for the loss of that office.
Subject to this Division, on the dissolution of an existing local health network, the network’s successor is taken for all purposes (including the rules of private international law) to be a continuation of and the same legal entity as the network.
Each of the local health districts specified in Schedule 1 (as amended by the amending Act on the reconstitution day) is constituted as such on that day, subject to subclause (2).
Nothing in this clause prevents the amendment of Schedule 1 (whether on or after the reconstitution day) by an order made under section 19 or 20.
The following provisions have effect in relation to the assets, rights and liabilities of an existing local health network on its dissolution:
(a) the assets of the network vest in the network’s successor by virtue of this clause and without the need for any further conveyance, transfer, assignment or assurance,
(b) the rights or liabilities of the network become by virtue of this clause the rights or liabilities of the network’s successor,
(c) all proceedings relating to the assets, rights or liabilities commenced before the network’s dissolution by or against the network or a predecessor of the network and pending immediately before the network’s dissolution are taken to be proceedings pending by or against the network’s successor,
(d) any act, matter or thing done or omitted to be done in relation to the assets, rights or liabilities before the network’s dissolution by, to or in respect of the network is (to the extent to which that act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of the network’s successor,
(e) the network’s successor has all the entitlements and obligations of the network in relation to those assets, rights and liabilities that the network would have had but for its dissolution, whether or not those entitlements and obligations were actual or potential at the time the dissolution took effect.
Without limiting subclause (1):
(a) any agreement between an existing local health network and any person that was in force (or taken to be in force) immediately before the dissolution of the network is taken on and from that dissolution to have been entered into between the network’s successor and the person, and
(b) any delegation given (or taken to have been given) by an existing local health network in force immediately before the dissolution of that network is taken on and from that dissolution to have been given by the network’s successor.
The operation of this clause is not to be regarded:
(a) as a breach of contract or confidence or otherwise as a civil wrong, or
(b) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities, or
(c) as giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability, or
(d) as an event of default under any contract or other instrument.
No attornment to an existing local health network’s successor by a lessee from the network is required.
No compensation is payable to any person or body in connection with the transfer of any asset, right or liability by operation of this clause.
State tax is not payable in relation to:
(a) an exempt matter, or
(b) anything done because of, or for a purpose connected with or arising out of, an exempt matter.
The Minister may, by notice in writing, confirm that particular assets, rights or liabilities have become the assets, rights or liabilities of an initial local health district by operation of this clause. Such a notice is conclusive evidence of that fact.
In this clause:
(a) the transfer of any assets, rights or liabilities by operation of this clause (including, without limitation, any instrument executed only for a purpose ancillary to or consequential on the operation of this clause),
(b) anything certified by the Minister in writing as having been done in consequence of such a transfer (for example, the transfer or registration of an interest in land).
On the reconstitution day, any person holding office as a chief executive of an existing local health network immediately before its dissolution is taken to have been appointed as the chief executive of the network’s successor for the balance of his or her term of office as the chief executive of the local health network, unless the person vacates office before the expiry of the balance of that term.
Subject to the regulations, the existing by-laws of an existing local health network continue in force on and from the reconstitution day as by-laws of the network’s successor (with such modifications as are necessary or prescribed by the regulations) until by-laws are made by the successor.
Subject to the regulations, any committee, subcommittee or council established (or taken to have been established or continued in existence) under the existing by-laws of an existing local health network continues in existence as a committee, subcommittee or council of the network’s successor until such time as a replacement committee, subcommittee or council is established under the successor’s by-laws.
The continuation of an existing committee, subcommittee or council by operation of this clause does not alter or otherwise affect the existing membership or functions of the committee, subcommittee or council.
Subject to the regulations, each of the committees declared (or taken to have been declared) as an approved quality assurance committee under section 20E of the Health Administration Act 1982 in relation to any local health network that is in existence immediately before the reconstitution day is taken on and from that day to be an approved quality assurance committee of the network’s successor.
The continuation of an approved quality assurance committee by operation of this clause does not alter or otherwise affect the existing membership or functions of the committee.
Subject to the regulations:
(a) a reference in any other Act or instrument made under any other Act or in any instrument of any kind to a local health network constituted under this Act (other than a particular local health network) is to be read on and from the reconstitution day as being a reference to a local health district constituted under this Act, and
(b) a reference in any other Act or instrument made under any other Act or in any instrument of any kind to a particular local health network is to be read on and from the reconstitution day as being a reference to the network’s successor, and
(c) a reference in any other Act or instrument made under any other Act or in any instrument of any kind to a local health network governing council established under this Act (other than a local health network governing council of a particular local health network) is to be read on and from the reconstitution day as being a reference to a local health district board established under this Act, and
(d) a reference in any other Act or instrument made under any other Act or in any instrument of any kind to a local health network governing council for a particular local health network is to be read on and from the reconstitution day as being a reference to the local health district board for the network’s successor.
Subclause (1) does not apply in relation to clause 38 of the Children (Criminal Proceedings) Regulation 2005 or such other references as may be prescribed by the regulations.
On the conversion day:
(a) the governance of each existing network governed health corporation changes to specialty network governance and, accordingly, the corporation becomes a specialty network governed health corporation within the meaning of this Act, and
(b) each governing council for an existing network governed health corporation is dissolved, and
(c) the members (including chairpersons and deputy chairpersons) of each governing council for an existing network governed health corporation cease to hold office as such, but are eligible (if otherwise qualified) to be appointed as members (including chairpersons and deputy chairpersons) of the boards for specialty network governed health corporations, and
(d) any person who ceases to be a member (including a chairperson or deputy chairperson) of a governing council for an existing network governed health corporation because of the operation of this clause is not entitled to any compensation for the loss of that office.
Without limiting clause 1, the regulations may make provision for or with respect to the re-appointment of existing council members of the SCHN to the new board of the SCHN.
The SCHN becomes a specialty network governed health corporation on the conversion day by operation of subclause (1) (a).
Any regulation made for the purposes of subclause (2) has effect despite anything to the contrary in subclause (1) or in Division 2 of Part 2 of Chapter 3 (as applied to specialty network governed health corporations by section 52F), including in relation to the maximum number of members for the board of a specialty network governed health corporation.
A change in the governance of an existing network governed health corporation that is effected by operation of this clause does not operate:
(a) to create a new legal entity, or
(b) to prejudice or affect the identity of the body corporate constituted as the health corporation or its continuity as a body corporate, or
(c) to affect the property, or the rights or obligations, of the health corporation, or
(d) to render defective any legal proceedings by or against the health corporation, or
(e) to affect the appointment of the chief executive of the health corporation.
In this clause:
It is declared that each local health district and specialty network governed health corporation constituted under this Act is intended to operate as a local hospital network of the kind referred to in the NHHN Agreement.
Without limiting clause 1, the regulations may make provision for or with respect to the following:
(a) the updating of references in any other Acts or instruments made under any other Acts or in any instruments of any kind to local health networks, local health network governing councils, network governed health corporations or governing councils of network governed health corporations,
(b) the application (whether with or without modifications) of the by-laws of existing local health networks to local health districts,
(c) the continuation of committees declared (or taken to have been declared) as approved quality assurance committees under section 20E of the Health Administration Act 1982 and of committees, subcommittees and councils established (or taken to be established or continued in existence) under existing by-laws.
Omit the definitions of
Insert in alphabetical order:
Omit each term or expression specified in Column 1 of the following Table wherever occurring (including definitions, headings and notes) and regardless of capitalisation.
Insert instead the term or expression specified in Column 2 opposite the term or expression specified in Column 1 with capitalisation that corresponds to that of the omitted term or expression:
Table
Column 1 | Column 2 |
network (except when occurring in the expression “network governed health corporation”, “network governed health corporations” or “network governance”) | district |
network’s | district’s |
networks | districts |
governing council | board |
governing councils | boards |
network governed health corporation | specialty network governed health corporation |
network governed health corporations | specialty network governed health corporations |
Omit “local health networks” from section 4 (a).
Insert instead “local health districts”.
Omit “non-area” wherever occurring in section 30 (1), (2) and (4).
Insert instead “non-district”.
Omit “
Omit “or governing council” wherever occurring in section 133B (b) and (c).
Omit “organisation, board or governing council”.
Insert instead “organisation or board”.
Omit “board, governing council or governing body” wherever occurring.
Insert instead “board or governing body”.
Insert after section 140 (2) (m):
the updating of any reference in any Act, in any instrument made under any Act or in any document of any kind to any public health organisation (or to any officer, body or function of the organisation) that is (or will become) out of date or otherwise incorrect because of the dissolution, amalgamation, change in governance or renaming of the organisation or the transfer of any of its functions, assets, rights or liabilities.
Omit “or governing council of the corporation (as the case requires)” wherever occurring in clause 4 (1) (b) and (2) (b).
Insert instead “of the corporation”.
Omit “or the governing council of a network governed health corporation”.
Insert instead “or a specialty network governed health corporation”.
Omit “or governing council” wherever occurring.
Insert “specialty” before “network governance” wherever occurring.
Insert “subject to the regulations,” before “a reference” where firstly occurring.
Insert “, and includes any agreement that replaces or supersedes that Agreement” after “in force from time to time” in the definition of
Omit “network” and “the service” from paragraph (b) of the definition of
Insert instead “district” and “the district”, respectively.
Omit “network” from paragraph (a) of the definition. Insert instead “district”.
Carers (Recognition) Act 2010 No 20Omit “network” from paragraph (b) of the definition of
Insert instead “district”.
Centenary Institute of Cancer Medicine and Cell Biology Act 1985 No 192Omit “Central Sydney Area Health Service” from section 7 (3) (c).
Insert instead “Sydney Local Health District”.
Child Protection (Offenders Registration) Act 2000 No 42Omit “network” from the matter relating to a local health network.
Insert instead “district”.
Children and Young Persons (Care and Protection) Act 1998 No 157Omit “network” from the note to the section. Insert instead “district”.
Children (Criminal Proceedings) Regulation 2005Omit “network” wherever occurring in clause 21 (1) (d).
Insert instead “district”.
Omit “network” from paragraph (c) of the definition of
Insert instead “district”.
Insert after clause 38 (2A):
The amendment made to clause 21 (1) by the Health Services Amendment (Local Health Districts and Boards) Act 2011 does not affect the continued validity of any nomination made for a local health network under clause 21 (1) (d) before the commencement of that amendment.
Omit “network” from clause 206 (1) (a). Insert instead “district”.
Crimes (Forensic Procedures) Regulation 2008Omit “Sydney West Area Health Service”.
Insert instead “Health Reform Transitional Organisation Western”.
Drug Court Regulation 2010Omit “Networks” from clause 10 (1) (a). Insert instead “Districts”.
Omit “Northern Sydney and Central Coast Area Health Service”.
Insert instead “Health Reform Transitional Organisation Northern”.
Gaming Machines Regulation 2010Omit “network” from clause 37 (2) (d). Insert instead “district”.
Omit “network” from clause 41 (2) (b) (ii). Insert instead “district”.
Guardianship Act 1987 No 257Omit “network” from paragraph (a) (v) of the definition of
Insert instead “district”.
Omit “network” from paragraph (b) (i) of the definition of
Insert instead “district”.
Health Administration Act 1982 No 135Omit the definition of
Insert instead:
Omit “network” from paragraph (a) of the definition of
Insert instead “district”.
Health Practitioner Regulation (Adoption of National Law) Act 2009 No 86Health Practitioner Regulation National LawOmit “network” wherever occurring in clauses 6 (2) (i), 7 (2) (a), 8 (2) (a) and 9 (2) (a) of Schedule 5C of the modifications to the Health Practitioner Regulation National Law set out in Schedule 1 [25].
Insert instead “district”.
Health Records and Information Privacy Regulation 2006Omit “networks” from clause 5 (c). Insert instead “districts”.
Health Services Regulation 2008Omit “Network” wherever occurring. Insert instead “District”.
Omit “
Omit “network” and “network’s” wherever occurring (except as otherwise amended by this Subschedule).
Insert instead “district” and “district’s”, respectively.
Omit the definition of
Insert in alphabetical order:
Omit “Governing Council”, “Governing Council’s” and “the Council” wherever occurring (except as otherwise amended by this Subschedule).
Insert instead “Board”, “Board’s” and “the Board”, respectively.
Independent Commission Against Corruption Regulation 2010Omit “network” wherever occurring in clause 19 (1) (b).
Insert instead “district”.
Land Acquisition (Charitable Institutions) Act 1946 No 55Omit “network” from paragraph (b) of the definition of
Insert instead “district”.
Local Government Act 1993 No 30Omit “network” from section 556 (1) (k). Insert instead “district”.
Marine Safety Act 1998 No 121Omit “network” from paragraph (a) of the definition of
Insert instead “district”.
Mental Health Act 2007 No 8Omit “network” from section 162A (1). Insert instead “district”.
Mental Health (Forensic Provisions) Act 1990 No 10Omit “network” from paragraph (a) of the definition of
Insert instead “district”.
Motor Accidents Act 1988 No 102Omit “network” from paragraph (a) of the definition of
Insert instead “district”.
Motor Vehicles (Third Party Insurance) Act 1942 No 15Omit “network” from paragraph (a) of the definition of
Insert instead “district”.
Occupational Health and Safety Act 2000 No 40Omit “network” from section 123 (1) (c). Insert instead “district”.
Ombudsman Act 1974 No 68Omit “network” from paragraph (b) of the definition of
Insert instead “district”.
Passenger Transport (Drug and Alcohol Testing) Regulation 2010Omit “Sydney West Area Health Service” from paragraph (a) of the definition of
Insert instead “Health Reform Transitional Organisation Western”.
Payroll Tax Act 2007 No 21Omit “networks” and “network” wherever occurring in clause 8 (including the heading).
Insert instead “districts” and “district”, respectively.
Public Authorities (Financial Arrangements) Regulation 2005Omit “network” from the matter relating to a local health network in Part 1.
Insert instead “district”.
Omit “Northern Sydney and Central Coast Area Health Service”, “Sydney South West Area Health Service” and “Sydney West Area Health Service”.
Insert in alphabetical order:
Central Coast Local Health District
Nepean Blue Mountains Local Health District
Northern Sydney Local Health District
South Western Sydney Local Health District
Sydney Local Health District
Western Sydney Local Health District
Omit “networks” from item 19B in Part 1. Insert instead “districts”.
Public Sector Employment and Management (Goods and Services) Regulation 2010Omit “network” from paragraph (b) of the definition of
Insert instead “district”.
Rail Safety (Drug and Alcohol Testing) Regulation 2008Omit “Western Sydney Area Health Service” from paragraph (a) of the definition of
Insert instead “Health Reform Transitional Organisation Western”.
Road Transport (Safety and Traffic Management) Act 1999 No 20Omit “network” from paragraph (a) of the definition of
Insert instead “district”.
Road Transport (Safety and Traffic Management) Regulation 1999Omit “Western Sydney Area Health Service”.
Insert instead “Health Reform Transitional Organisation Western”.
Omit “Hunter New England Area Health Service” from Column 1.
Insert instead “Hunter New England Local Health District”.
Omit “Western Sydney Area Health Service”.
Insert instead “Western Sydney Local Health District”.
Summary Offences Act 1988 No 25Omit “network” from paragraph (a) of the definition of
Insert instead “district”.
Walker Trusts Act 1938 No 31Omit “Central Sydney Area Health Service” from section 9A (3).
Insert instead “Sydney Local Health District”.
Omit “Central Sydney Area Health Service” wherever occurring in section 19B (1) and (5).
Insert instead “Sydney Local Health District”.
Omit “Central Sydney Area Health Service” from section 19C (1).
Insert instead “Sydney Local Health District”.
Water Management Act 2000 No 92Omit “network” wherever occurring in item (6). Insert instead “district”.
Workers Compensation Act 1987 No 70Omit “network” from paragraph (a) of the definition of
Insert instead “district”.
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