Health Services Amendment (Local Health Networks) Act 2010 (NSW)
An Act to amend the Health Services Act 1997 to implement a health network system for the purposes of the National Health and Hospitals Network Agreement; to make consequential amendments to certain other Acts and statutory rules; and for other purposes.
This Act is the Health Services Amendment (Local Health Networks) Act 2010.
This Act commences on a day or days to be appointed by proclamation, except as provided by subsection (2).
Schedule 1.1 [40], [42], [44]–[48] and [50] commence on the date of assent to this Act.
Omit section 4 (a). Insert instead:
to establish a system of local health networks for the whole of the State to deliver health services and to enable their recognition as health networks for the purposes of the NHHN Agreement, and
Insert after section 4 (c):
to enable the recognition of some statutory health corporations and affiliated health organisations as health networks for the purposes of the NHHN Agreement, and
Omit “health support” from section 6 (d).
Omit the note at the end of the section.
Insert after section 10 (f):
to co-operate with other local health networks and the Director-General in relation to the provision of services involving more than one public health organisation or on a State-wide basis,
Omit “subject to the control and direction of the Director-General” from section 25 (b).
Insert instead “accountable to the local health network governing council constituted for the network”.
Omit section 26 (2) and (3). Insert instead:
A local health network governing council is to consist of 6 to 13 persons appointed by the Minister, selected in accordance with subsections (3) and (3A).
The Minister is to select the membership of a local health network governing council so that the membership of the council has an appropriate mix of skills and expertise required to oversee and provide guidance to the network, 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 network, and
(e) have other backgrounds, skills, expertise, knowledge or experience appropriate for the network.
A local health network governing council 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.
Omit the section.
Omit the section. Insert instead:
The local health network governing council for a local health network has the following functions:
(a) to ensure effective clinical and corporate governance frameworks are established to support the maintenance and improvement of standards of patient care and services by the local health network and to approve those frameworks,
(b) to approve systems:
(i) to support the efficient and economic operation of the local health network, and
(ii) to ensure the network manages its budget to ensure performance targets are met, and
(iii) to ensure that network resources are applied equitably to meet the needs of the community served by the network,
(c) to ensure strategic plans to guide the delivery of services are developed for the local health network and to approve those plans,
(d) to provide strategic oversight of and monitor the local health network’s financial and operational performance in accordance with the State-wide performance framework against the performance measures in the performance agreement for the network,
(e) to make recommendations for the appointment of the chief executive of the local health network and, where it considers it appropriate to do so, to make recommendations concerning the removal of the chief executive,
(f) to confer with the chief executive of the local health network in connection with the operational performance targets and performance measures to be negotiated in the service agreement for the network under the NHHN Agreement,
(g) to approve the service agreement for the local health network under the NHHN Agreement,
(h) to seek the views of providers and consumers of health services, and of other members of the community served by the local health network, as to the network’s policies, plans and initiatives for the provision of health services, and to confer with the chief executive of the network on how to support, encourage and facilitate community and clinician involvement in the planning of network services,
(i) to advise providers and consumers of health services, and other members of the community served by the local health network, as to the network’s policies, plans and initiatives for the provision of health services,
(j) to endorse the local health network’s annual report,
(k) to liaise with the governing councils of other local health networks and network governed health corporations in relation to both local and State-wide initiatives for the provision of health services,
(l) such other functions as are conferred or imposed on it by the regulations.
Omit sections 29 and 29A. Insert instead:
The Minister may at any time, for any reason or no reason and without notice, by order published in the Gazette:
(a) remove any member or all members of a local health network governing council from office, or
(b) remove all members of a local health network governing council from office and appoint, as administrator of the local health network concerned, the chief executive of the network or any other person specified in the order for such period as may be specified in the order.
If the Minister appoints an administrator of a local health network under this section, the Minister is (as soon as is reasonably practicable after the appointment is made) to make a statement in Parliament concerning the basis for the appointment of the administrator.
An administrator of a local health network has and may exercise, subject to any conditions that may be specified in the order by which the administrator is appointed, all the functions of the chief executive and governing council for that network.
An administrator of a local health network is entitled to be paid from the funds of that network such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the administrator.
The regulations may make provision with respect to administrators of local health networks.
Omit “the chief executive of the area health service” from section 32 (1).
Insert instead “the local health network”.
Omit section 41 (3). Insert instead:
A statutory health corporation is to be a chief executive governed health corporation, a board governed health corporation or a network governed health corporation, as specified from time to time in Schedule 2.
Omit section 42 (a). Insert instead:
amend Schedule 2 by inserting, altering or omitting the name of a statutory health corporation, or
amend Schedule 2 by changing its governance from:
(i) chief executive governance to board governance or network governance, or
(ii) board governance to chief executive governance or network governance, or
(iii) network governance to chief executive governance or board governance, or
Omit the Part heading. Insert instead:
Omit the section. Insert instead:
The chief executive of a chief executive governed health corporation has, and may exercise, such functions as are conferred or imposed on the chief executive by or under this or any other Act.
Insert after Division 2:
There is constituted a governing council for each network governed health corporation.
The provisions of Division 2 of Part 2 of Chapter 3 (except section 26 (1)) apply in relation to a governing council of a network governed health corporation in the same way as they apply to a local health network governing council, subject to the following modifications:
(a) a reference in those provisions (however expressed) to a local health network governing council is to be read as if it were a reference to the governing council for a network governed health corporation,
(b) a reference in those provisions (however expressed) to a local health network is to be read as if it were a reference to a network governed health corporation,
(c) a reference in those provisions (however expressed) to the chief executive of a local health network is to be read as if it were a reference to the chief executive of a network governed health corporation,
(d) such other modifications as may be prescribed by the regulations.
A chief executive is to be appointed for each network governed health corporation.
The provisions of Division 1 of Part 2 of Chapter 3 (except section 23 (1)) apply in relation to a chief executive of a network governed health corporation in the same way as they apply to a chief executive of a local health network, subject to the following modifications:
(a) a reference in those provisions (however expressed) to the chief executive of a local health network is to be read as if it were a reference to the chief executive of a network governed health corporation,
(b) a reference in those provisions (however expressed) to a local health network is to be read as if it were a reference to a network governed health corporation,
(c) a reference in those provisions (however expressed) to a local health network governing council is to be read as if it were a reference to the governing council of a network governed health corporation,
(d) such other modifications as may be prescribed by the regulations.
Insert at the end of section 53 (1) (b):
, or
in the case of a network governed health corporation, to the corporation.
Insert “or network governed health corporation” after “corporation”.
Insert “or network governed health corporation” after “corporation” in section 58 (4) (b).
Insert “or network governed health corporation” after “corporation” in section 60 (7) (b).
Insert “or network governed health corporation” after “corporation” in section 61 (5) (b).
Insert after section 62A:
The Minister may, by order published in the Gazette, declare that one or more affiliated health organisations are to be treated as a network for the purposes of the NHHN Agreement in respect of some or all of their recognised establishments or recognised services.
Such an order may be made:
(a) on the application of one or more affiliated health organisations, or
(b) on the Minister’s own initiative.
The Minister may make an order pursuant to the application of one or more affiliated health organisations only if the Minister is satisfied that:
(a) in the case of an application by one affiliated health organisation:
(i) the affiliated health organisation has more than one recognised establishment or service, or
(ii) the affiliated health organisation provides State wide services or services of State significance, or
(b) in the case of an application by two or more affiliated health organisations, the affiliated health organisations have agreed to form a health network.
An order under this section may specify a name for the network.
An order cannot be made under this section in relation to an affiliated health organisation except with the concurrence of the organisation (or its governing body).
Insert after section 122 (c):
to provide governance, oversight and control of the public health system and the statutory health organisations within it,
Insert after section 122 (f):
to give directions to statutory health organisations,
Omit section 126 (2). Insert instead:
A performance agreement may:
(a) include the provisions of a service agreement (within the meaning of the NHHN Agreement) for the organisation, and
(b) set operational performance targets for the organisation in the exercise of specified functions during a specified period, and
(c) provide for the evaluation and review of results in relation to those targets, and
(d) provide for the provision of such data or other information by a public health organisation concerning the exercise of its functions that the State determines is required to comply with the State’s performance reporting obligations under the NHHN Agreement.
Omit section 126B (1). Insert instead:
The Director-General may provide services for any or both of the following purposes:
(a) to support the public health system and public health organisations and the public hospitals they control,
(b) to enable the co-ordinated provision of health services involving more than one public health organisation or on a State-wide basis.
Omit “health support services” from section 126G (1) (a).
Insert instead “services”.
Omit “health support services”. Insert instead “services”.
Omit section 131 (5).
Omit the last sentence from the Introduction at the beginning of the Chapter.
Insert after section 133A:
A matter or thing done or omitted to be done by:
(a) a statutory health organisation, or
(b) the board or governing council of a statutory health organisation, or
(c) a member of the board or governing council of a statutory health organisation, or
(d) a person acting under the direction of such an organisation, board or governing council,
does not, if the matter or thing was done or omitted to be done in good faith for the purposes of executing this or any other Act, subject such a member or person personally to any action, liability, claim or demand.
Insert “, governing council or governing body” after “board” wherever occurring.
Omit the section.
Omit the Schedule. Insert instead:
(Sections 17 and 18)
Column 1 | Column 2 | Column 3 |
Name of local health network | Description of local government area or city | Description of area other than local government area |
Sydney Local Health Network | Ashfield, Burwood, Canada Bay, Canterbury, Leichhardt, Marrickville, Strathfield, Sydney (part) | |
South Western Sydney Local Health Network | Bankstown, Camden, Campbelltown, Fairfield, Liverpool, Wingecarribee, Wollondilly | |
South Eastern Sydney Local Health Network | Botany Bay, Hurstville, Kogarah, Randwick, Rockdale, Sutherland, Sydney (part), Waverley, Woollahra | Lord Howe Island |
Illawarra Shoalhaven Local Health Network | Kiama, Shellharbour, Shoalhaven, Wollongong | |
Western Sydney Local Health Network | Auburn, Baulkham Hills, Blacktown, Holroyd, Parramatta | |
Nepean Blue Mountains Local Health Network | Blue Mountains, Hawkesbury, Lithgow, Penrith | |
Northern Sydney Local Health Network | Hornsby, Hunters Hill, Ku-ring-gai, Lane Cove, Manly, Mosman, North Sydney, Pittwater, Ryde, Warringah, Willoughby | |
Central Coast Local Health Network | Gosford, Wyong | |
Hunter New England Local Health Network | Armidale Dumaresq, Cessnock, Dungog, Glen Innes Severn, Gloucester, Great Lakes, Greater Taree, Gunnedah, Guyra, Gwydir, Inverell, Lake Macquarie, Liverpool Plains, Maitland, Moree Plains, Muswellbrook, Narrabri, Newcastle, Port Stephens, Singleton, Tamworth Regional, Tenterfield, Upper Hunter, Uralla, Walcha | |
Murrumbidgee Local Health Network | Balranald, Berrigan, Bland, Boorowa, Carrathool, Conargo, Coolamon, Cootamundra, Corowa, Deniliquin, Greater Hume, Griffith, Gundagai, Harden, Hay, Jerilderie, Junee, Leeton, Lockhart, Murray, Murrumbidgee, Narrandera, Temora, Tumbarumba, Tumut, Urana, Wagga Wagga, Wakool, Wentworth, Young | |
Southern NSW Local Health Network | Bega Valley, Bombala, Cooma-Monaro, Eurobodalla, Goulburn Mulwaree, Palerang, Queanbeyan, Snowy River, Upper Lachlan, Yass Valley | |
Western NSW Local Health Network | Bathhurst Regional, Blaney, Bogan, Bourke, Brewarrina, Cabonne, Cobar, Coonamble, Cowra, Dubbo, Forbes, Gilgandra, Lachlan, Mid-Western Regional, Narromine, Oberon, Orange, Parkes, Walgett, Warren, Warrumbungle, Weddin, Wellington | |
Far West Local Health Network | Broken Hill, Central Darling | Unincorporated Far West |
Mid North Coast Local Health Network | Bellingen, Coffs Harbour, Hastings, Kempsey, Nambucca | |
Northern NSW Local Health Network | Ballina, Byron, Clarence Valley, Kyogle, Lismore, Richmond Valley, Tweed |
Omit “Chief executive” from Column 2 in relation to the matter relating to The Sydney Children’s Hospitals Network (Randwick and Westmead) (incorporating The Royal Alexandra Hospital for Children).
Insert instead “Network”.
Insert after the matter relating to the Clinical Excellence Commission, in columns 1 and 2 respectively:
Forensic Mental Health Network | Network |
Omit clause 4 (1) (b) and (2) (b). Insert instead, respectively:
in the case of a board governed health corporation or network governed health corporation, the members of the board or governing council of the corporation (as the case requires) cease to hold office, but are not entitled to be paid any compensation by reason of ceasing to hold office, and
Omit the paragraph. Insert instead:
the members of the board of a board governed health corporation or the governing council of a network governed health corporation involved in the amalgamation cease to hold office and:
(i) if the amalgamated corporation is a board governed health corporation or network governed health corporation, are eligible (if otherwise qualified) to be appointed as members of the board or governing council of the amalgamated corporation, and
(ii) are not entitled to be paid any compensation by reason of ceasing to hold office, and
Omit clause 4 (4A). Insert instead:
On and from the date specified in an order made under section 43 (1) (d) changing the nature of governance of a statutory health corporation from board governance or network governance to chief executive governance, the members of the board or governing council for the corporation cease to hold office, but are not entitled to be paid any compensation by reason of ceasing to hold office.
On and from the date specified in an order made under section 43 (1) (d) changing the nature of governance of a statutory health corporation from board governance to network governance or from network governance to board governance, the members of the existing board or governing council cease to hold office and:
(a) are eligible (if otherwise qualified) to be appointed as members of the new board or governing council of the corporation, and
(b) are not entitled to be paid any compensation by reason of ceasing to hold office.
(Repealed)
Insert “or governing council” before “or managing body”.
(Repealed)
Omit clause 11.
(Repealed)
Omit the definitions of
Insert in alphabetical order:
(a) of a local health network—means the chief executive of that network, or
(b) of a statutory health corporation—means the chief executive of that corporation, or
(c) of an affiliated health organisation—means the person who is responsible to the governing body of the organisation for the management of its recognised establishments and recognised services.
(Repealed)
Omit each expression specified in Column 1 of the following Table wherever occurring (including headings and notes).
Insert instead the expression specified in Column 2 opposite the expression specified in Column 1:
Table
Column 1 | Column 2 |
“An area health service” | “A local health network” |
“an area health service” | “a local health network” |
“Area health service” | “Local health network” |
“Area health services” | “Local health networks” |
“area health services” | “local health networks” |
“area health service’s” | “local health network’s” |
any other reference to “area health service” | “local health network” |
“An area health advisory council” | “A local health network governing council” |
“an area health advisory council” | “a local health network governing council” |
“Area health advisory councils” | “Local health network governing councils” |
“area health advisory councils” | “local health network governing councils” |
“area health advisory council’s” | “local health network governing council’s” |
any other reference to “area health advisory council” | “local health network governing council” |
Omit “the services” from section 8 (2). Insert instead “the networks”.
Omit “the service” wherever occurring. Insert instead “the network”.
Omit “the service” from section 36 (1). Insert instead “the network”.
Omit “
Omit “
Insert instead “
Omit “an area health service” from the definitions of
Insert instead “a local health network”.
Carers (Recognition) Act 2010 No 20Omit “an area health service” from paragraph (b) of the definition of
Insert instead “a local health network”.
Child Protection (Offenders Registration) Act 2000 No 42Omit the matter relating to each of the area health services referred to in the Schedule.
Insert at the end of the Schedule:
A local health network constituted under the Health Services Act 1997
Omit “an area health service” and “appropriate area health service” from clause 21 (1) (d) wherever occurring.
Insert instead “a local health network” and “appropriate local health network”, respectively.
Omit “an area health service” from paragraph (c) of the definition of
Insert instead “a local health network”.
Insert after clause 38 (2):
The amendment made to clause 21 (1) by the Health Services Amendment (Local Health Networks) Act 2010 does not affect the continued validity of any nomination made by an area health service under clause 21 (1) (d) before the commencement of that amendment.
Omit “an area health service” from the note to the section.
Insert instead “a local health network”.
Crimes (Administration of Sentences) Regulation 2008Omit “area health service” from clause 206 (1) (a).
Insert instead “local health network”.
Drug Misuse and Trafficking Act 1985 No 226Omit paragraph (a) of the definition of
Insert instead:
any person employed by the Government of New South Wales as an analyst (including a person employed as an analyst in the NSW Health Service), or
Omit paragraph (a) of the definition of
any person employed by the Government of New South Wales as an analyst (including a person employed as an analyst in the NSW Health Service), and
Omit “area health service” from clause 37 (2) (d).
Insert instead “local health network”.
Omit “area health service” from clause 41 (2) (b) (ii).
Insert instead “local health network”.
Guardianship Act 1987 No 257Omit “an area health service” from paragraph (a) (v) of the definition of
Insert instead “a local health network”.
Omit “an area health service” from paragraph (b) (i) of the definition of
Insert instead “a local health network”.
Health Administration Act 1982 No 135Omit the definition of
Insert in alphabetical order:
Omit “an area health service” from paragraph (a) of the definition of
Insert instead “a local health network”.
Health Practitioner Regulation (Adoption of National Law) Act 2009 No 86Health Practitioner Regulation National LawOmit “an area health service” from 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] wherever occurring.
Insert instead “a local health network”.
Health Records and Information Privacy Regulation 2006Omit “area health services” from clause 5 (c).
Insert instead “local health networks”.
Health Services Regulation 2008Omit the clause. Insert instead:
A reference in Column 2 of Schedule 1 to the Act to Sydney (part), in relation to the Sydney Local Health Network, is a reference to the following Statistical Local Areas:
(a) Sydney (C)–West,
(b) Sydney (C)–South.
A reference in Column 2 of Schedule 1 to the Act to Sydney (part), in relation to the South Eastern Sydney Local Health Network, is a reference to the following Statistical Local Areas:
(a) Sydney (C)–Inner,
(b) Sydney (C)–East.
In this clause:
Omit clause 19 (1) (b). Insert instead:
a local health network within the meaning of the Health Services Act 1997—the chief executive of the local health network,
Omit “an area health service” from paragraph (b) of the definition of
Insert instead “a local health network”.
Local Government Act 1993 No 30Omit “an area health service” from section 556 (1) (k).
Insert instead “a local health network”.
Marine Safety Act 1998 No 121Omit “an area health service” from paragraph (a) of the definition of
Insert instead “a local health network”.
Mental Health Act 2007 No 8Omit “an area health service” from section 162A (1).
Insert instead “a local health network”.
Mental Health (Forensic Provisions) Act 1990 No 10Omit “an area health service” from paragraph (a) of the definition of
Insert instead “a local health network”.
Motor Accidents Act 1988 No 102Omit “an area health service” from paragraph (a) of the definition of
Insert instead “a local health network”.
Motor Vehicles (Third Party Insurance) Act 1942 No 15Omit “an area health service” from paragraph (a) of the definition of
Insert instead “a local health network”.
Occupational Health and Safety Act 2000 No 40Omit “an area health service” from section 123 (1) (c).
Insert instead “a local health network”.
Ombudsman Act 1974 No 68Omit “an area health service” from paragraph (b) of the definition of
Insert instead “a local health network”.
Payroll Tax Act 2007 No 21Omit “area health services”, “an area health service” and “the area health service” from clause 8 (including the clause heading).
Insert instead “local health networks”, “a local health network” and “the local health network”, respectively.
Public Authorities (Financial Arrangements) Regulation 2005Omit the matter relating to Area health service from Part 1.
Insert in alphabetical order of entities:
Local health network constituted under the Health Services Act 1997
Omit item 3 from Part 1.
Insert after item 19:
Local health networks within the meaning of the Health Services Act 1997
Omit “an area health service” from paragraph (b) of the definition of
Insert instead “a local health network”.
Road Transport (Safety and Traffic Management) Act 1999 No 20Omit “an area health service” from paragraph (a) of the definition of
Insert instead “a local health network”.
Summary Offences Act 1988 No 25Omit “an area health service” from paragraph (a) of the definition of
Insert instead “a local health network”.
Water Management Act 2000 No 92Omit “an area health service” and “the area health service” from item (6).
Insert instead “a local health network” and “the local health network”, respectively.
Workers Compensation Act 1987 No 70Omit “an area health service” from paragraph (a) of the definition of
Insert instead “a local health network”.
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