Health Services Regulation 2018 (NSW)
Health Services Amendment (Industrial Relations) Bill 2024 [Non-government Bill— Dr J G McGirr, MP]
Health Services Amendment (Splitting of the Hunter New England Health District) Bill 2025 [Non-government Bill— Mr R F Butler, MP]
This Regulation is the Health Services Regulation 2018.
This Regulation commences on the day on which it is published on the NSW legislation website.
This Regulation repeals and replaces the Health Services Regulation 2013, which would otherwise be repealed on 1 September 2018 by section 10(2) of the Subordinate Legislation Act 1989.
In this Regulation—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
Notes included in this Regulation do not form part of this Regulation.
In this Part—
(a) established by the public health organisation, and
(b) having the function of advising the public health organisation in relation to the appointment of persons as visiting practitioners to the public health organisation and the clinical privileges that should be granted to those persons.
A public health organisation that decides to make available an appointment as a visiting practitioner must advertise the availability of the appointment in at least one of the following—
(a) a newspaper circulating generally in New South Wales,
(b) an employment website affiliated with such a newspaper,
Note. The employment website is affiliated with the Sydney Morning Herald and the employment website is affiliated with The Daily Telegraph.
(c) the NSW Health website used for the purpose of advertising employment positions in the NSW Health service.
Note. The current NSW Health jobs website address is public health organisation may, in addition, advertise the availability in other ways.
An application for appointment as a visiting practitioner is to be made in writing to the public health organisation concerned and is to include—
(a) a statement setting out, in a manner that satisfies the public health organisation, the clinical privileges sought by the applicant, and
(b) an authority for the medical and dental appointments advisory committee of the public health organisation to obtain information as to the applicant’s past performance as a medical practitioner or dentist, as the case may be.
On receipt of the application, the public health organisation is to refer the application to the advisory committee for advice.
Subclauses (1)–(3) do not apply—
(a) to an appointment as a visiting practitioner that is to be held as part of the duties of a person who is to be or has been appointed to a teaching position at a tertiary institution, or
(b) to an appointment as a visiting practitioner that is to be held by a person for a period of not more than 6 months, or
(c) to any appointment as a visiting practitioner, to the extent that the Health Secretary determines that the provisions of those subclauses are not to apply.
A determination under subclause (4)(c)—
(a) may be made in respect of a particular appointment or in respect of appointments of any specified kind or description, and
(b) must be made in writing.
A person is to be appointed as a visiting practitioner to a public health organisation by written agreement between the person and the public health organisation.
The written agreement must specify the conditions to which the appointment is subject, including the clinical privileges of the visiting practitioner.
However, the written agreement does not need to include any conditions prescribed by or under the Act.
The period for which a person may be appointed as a visiting practitioner is such period (not exceeding 5 years) as the public health organisation determines.
A person is, if otherwise qualified, eligible for re-appointment from time to time.
Despite subclause (1), a person may be appointed as a visiting practitioner for the duration of the person’s appointment to a teaching position at a tertiary institution (or for such lesser period as the public health organisation may determine) if the public health organisation has first obtained the advice of the medical and dental appointments advisory committee about the length of the appointment.
Despite subclause (1), a person may be appointed as a visiting practitioner for a period exceeding 5 years, but not exceeding 10 years, if the Health Secretary, in the particular circumstances of the case, approves the additional period of appointment.
A person may resign an appointment as a visiting practitioner by giving 3 months written notice of resignation to the public health organisation concerned.
However, a public health organisation may waive that requirement for notice or accept a lesser period of time for the giving of such notice if, in the opinion of the public health organisation, it is reasonable to do so.
In this Part—
This clause applies in relation to a person only if the person’s employment in the NSW Health Service immediately follows the person’s employment with a non-declared AHO. However, this clause does apply in relation to a person’s accrued long service leave entitlement if the break in employment is no longer than 2 months.
If a person—
(a) ceases to be employed by a non-declared AHO, and
(b) commences employment in the NSW Health Service in connection with a public health organisation,
the person is taken to have the amount of any accrued leave to which the person was entitled immediately before ceasing to be employed by the non-declared AHO.
In the case of any such accrued leave that comprises annual leave or long service leave, the person may, instead of retaining the entitlement to that accrued leave, elect to be paid the money value of that accrued leave.
The amount of any accrued annual leave that a person may retain under this clause cannot, except with the approval of the Health Secretary, exceed the amount of annual leave that the person was entitled to over a 2-year period as an employee of the non-declared AHO.
The non-declared AHO is liable for the cost of any annual or long service leave entitlements in respect of the person concerned that have accrued up until the date on which the person ceases to be employed by the non-declared AHO.
This clause does not apply in relation to a person who ceases to be employed by a non-declared AHO by the operation of an order under section 64 of the Act.
This clause applies in relation to a person only if the person’s employment with a non-declared AHO immediately follows the person’s employment in the NSW Health Service. However, this clause does apply in relation to a person’s accrued long service leave entitlement if the break in employment is no longer than 2 months.
If a person—
(a) ceases to be employed in the NSW Health Service in connection with a public health organisation, and
(b) commences employment with a non-declared AHO,
the person is taken to have the amount of any accrued leave to which the person was entitled immediately before ceasing to be employed in the NSW Health Service.
In the case of any such accrued leave that comprises annual leave or long service leave, the person may, instead of retaining the entitlement to that accrued leave, elect to be paid the money value of that accrued leave.
The amount of any accrued annual leave that a person may retain under this clause cannot, except with the approval of the non-declared AHO, exceed the amount of annual leave that the person was entitled to over a 2-year period as a member of the NSW Health Service.
The Government of New South Wales is liable for the cost of any annual or extended leave entitlements in respect of the person concerned that have accrued up until the date on which the person ceases to be employed in the NSW Health Service.
This Part applies to those staff of the NSW Health Service who are employed primarily in connection with the provision of ambulance services under Chapter 5A of the Act but (unless otherwise expressly provided) does not apply to the chief executive.
The objects of this Part are—
(a) to protect the health and safety of the public by providing mechanisms to maintain appropriate standards of conduct in the Ambulance Service, and
(b) to ensure that the public interest is protected.
For avoidance of doubt, this Part does not do any of the following—
(a) prevent the Health Secretary from taking any lawful action against a member of staff for any reason,
(b) affect any statutory right that a member of staff may have in relation to the termination of his or her employment under this Part,
(c) affect the operation of the Criminal Records Act 1991 in relation to spent convictions within the meaning of that Act.
In this Part—
(a) section 54 (relating to driving while disqualified or unlicensed),
(b) section 110, 111, 111A, 112, 117, 118, 146 or 175.
A member of staff who is charged with having committed, or is convicted of, a serious sex or violence offence must, within 7 days of the charge being laid or conviction, report that fact in writing to the chief executive.
The term
A member of staff who is required to drive a motor vehicle as part of his or her duties and who is charged with or convicted of a traffic offence must immediately report that fact in writing to the chief executive.
A member of staff who is required to drive a motor vehicle as part of his or her duties and who is disqualified from holding a driver licence or whose licence is cancelled or suspended must immediately report the disqualification, cancellation or suspension to the chief executive.
A member of staff who has a misconduct finding made against him or her under the Health Practitioner Regulation National Law (NSW) must, within 7 days of receiving notice of the finding—
(a) report that fact to the chief executive, and
(b) provide the chief executive with a copy of that finding.
In this clause,
Section 142 of the Health Practitioner Regulation National Law (NSW) imposes obligations on employers to notify the Australian Health Practitioner Regulation Agency of misconduct by health practitioners.
The chief executive is, within 30 days (or such further period as may be agreed to by the Health Secretary) of becoming aware that a member of staff has been convicted (whether before or during his or her employment) of a serious sex or violence offence, to notify the Health Secretary of the staff member’s conviction.
On being notified under subclause (1), the Health Secretary is to afford the member of staff concerned a reasonable opportunity to make written submissions concerning any matter relevant to the conviction that the staff member wishes to have considered in determining what (if any) disciplinary action should be taken in relation to the staff member.
The Health Secretary may take such disciplinary action as the Health Secretary considers appropriate (having regard to clause 21) against a member of staff who has been convicted (whether before or during his or her employment) of a serious sex or violence offence.
If, under this clause, a member of staff who is a NSW Health Service senior executive is assigned to or from a division of the NSW Health Service for which the Health Secretary does not exercise employer functions in relation to the Health Service senior executives employed in that division, the Health Secretary is to consult the person or body that exercises or will exercise employer functions in relation to the executive.
A person may not, under this clause, be transferred and assigned to the role of chief executive of a local health district or specialty network governed health corporation without the concurrence of the board of the local health district or specialty network governed health corporation to which the person is transferred.
This clause does not apply to a conviction that occurred before a person was employed if, before that employment, the person notified the Health Secretary in writing of the fact of the conviction.
This clause extends to a conviction that occurred before the commencement of this Regulation.
In this clause—
(a) dismissal from the NSW Health Service, or
(b) imposing conditions in respect of the supervision of, or reporting by, a member of staff or in respect of the scope of a staff member’s duties, or
(c) transferring a member of staff who is not a NSW Health Service senior executive to another position in the NSW Health Service or assigning a member of staff who is a NSW Health Service senior executive to another role in the NSW Health Service.
The Health Secretary may, if a member of staff has engaged in misconduct, without limiting any other action the Secretary may take—
(a) transfer the member of staff to another position in the NSW Health Service without reducing the member of staff’s classification or position, or
(b) reduce the employee’s classification or position (but not in the case of a member of staff who is employed under a fixed term contract, the conditions of which are fixed by the Health Administration Corporation).
The protection of the Ambulance Service of NSW’s patients and clients and of children for which it is responsible is to be the paramount consideration in relation to determining whether to take disciplinary action against a member of staff under this Division.
(Repealed)
The chief executive may delegate any function of the chief executive under this Part to a member of staff of the NSW Health Service.
A reference in Column 2 of Schedule 1 to the Act to Sydney (part), in relation to the Sydney Local Health District, 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 District, is a reference to the following Statistical Local Areas—
(a) Sydney (C)–Inner,
(b) Sydney (C)–East.
A reference in Column 2 of Schedule 1 to the Act to Tenterfield (part), in relation to the Hunter New England Local Health District, is a reference to the local government area of Tenterfield except for the following 2011 Statistical Areas—
(a) Statistical Area Level 1 (SAl) 11002119409,
(b) Statistical Area Level 1 (SAl) 11002119410.
A reference in Column 2 of Schedule 1 to the Act to Lachlan (part), in relation to the Murrumbidgee Local Health District, is a reference to the following 2011 Statistical Areas—
(a) Statistical Area Level 1 (SAl) 10302106209,
(b) Statistical Area Level 1 (SAl) 10302106210,
(c) Statistical Area Level 1 (SAl) 10302106211,
(d) Statistical Area Level 1 (SAl) 10302106212,
(e) Statistical Area Level 1 (SAl) 10302106213,
(f) Statistical Area Level 1 (SAl) 10302106215,
(g) Statistical Area Level 1 (SAl) 10302106225.
A reference in Column 2 of Schedule 1 to the Act to Lachlan (part), in relation to the Western NSW Local Health District, is a reference to the local government area of Lachlan except for the following 2011 Statistical Areas—
(a) Statistical Area Level 1 (SAl) 10302106209,
(b) Statistical Area Level 1 (SAl) 10302106210,
(c) Statistical Area Level 1 (SAl) 10302106211,
(d) Statistical Area Level 1 (SAl) 10302106212,
(e) Statistical Area Level 1 (SAl) 10302106213,
(f) Statistical Area Level 1 (SAl) 10302106215,
(g) Statistical Area Level 1 (SAl) 10302106225.
A reference in Column 2 of Schedule 1 to the Act to Tenterfield (part), in relation to the Northern NSW Local Health District, is a reference to the following 2011 Statistical Areas—
(a) Statistical Area Level 1 (SAl) 11002119409,
(b) Statistical Area Level 1 (SAl) 11002119410.
In this clause—
In this clause—
(a) an administrator of a local health district appointed under section 29 of the Act, or
(b) an administrator of a statutory health corporation appointed under section 52 of the Act.
On the expiration of a person’s appointment or reappointment as administrator, the Minister (in relation to an administrator of a local health district) or the Governor (in relation to an administrator of a statutory health corporation) may, by order published in the Gazette, reappoint the person as administrator for a further period or appoint another person as administrator.
The Minister (in relation to an administrator of a local health district) or the Governor (in relation to an administrator of a statutory health corporation) may, by order published in the Gazette—
(a) remove from the office of administrator any person appointed to that office, or
(b) appoint a person to fill a vacancy in the office of administrator.
The Minister may appoint a person to act in the office of an administrator during the illness or absence of the administrator, and the person, while so acting, has and may exercise all the functions of the administrator and is taken to be the administrator.
The Minister may remove from the office of administrator any person appointed to act in that office under subclause (4).
For the purposes of section 67E(3)(e) of the Act, The Sydney Children’s Hospitals Network (Randwick and Westmead) (incorporating The Royal Alexandra Hospital for Children), in respect of services provided or operations conducted by the NSW Newborn & paediatric Emergency Transport Service (NETS), is a person to whom section 67E does not apply.
The following kinds of concession cards are prescribed for the purposes of section 67N(b) of the Act—
(a) a Health Care Card issued on behalf of the Commonwealth of Australia,
(b) a Pensioner Concession Card issued on behalf of the Commonwealth of Australia,
(c) a Commonwealth Seniors Health Card issued on behalf of the Commonwealth of Australia,
(d) a DVA Health Card – For All Conditions (also known as a Gold Card) issued by the Commonwealth Department of Veterans’ Affairs (but not in relation to non-emergency ambulance services and transfers that are not funded by the Department of Veterans’ Affairs),
(e) a DVA Health Card – For Specific Conditions (also known as a White Card) issued by the Commonwealth Department of Veterans’ Affairs (but only in relation to a specific condition that is funded by the Department of Veterans’ Affairs).
For the purposes of paragraph (f) of the definition of
In this clause—
An appeal under section 106 of the Act may be withdrawn at any time before the determination of the appeal by the appellant giving written notice of the withdrawal to the Minister in the form and manner approved by the Minister from time to time.
The Committee is not required to determine an appeal that has been withdrawn.
In this clause—
The Samaritan Fund of a public health organisation is to be kept as a separate account in its Special Purposes and Trust Fund.
The Minister may determine the manner in which the accounts for a Samaritan Fund are to be kept and the circumstances in which those accounts are to be audited.
Money is not to be withdrawn from the Samaritan Fund of a public health organisation except by, or with the written approval of, the chief executive (or person authorised in writing by the chief executive) of the public health organisation.
Money is not to be withdrawn from the Samaritan Fund of a public health organisation except for payment to, or for the purchase of items for, a patient in need or an outgoing patient in need. The payment or purchase may be made only if it is essential to the well-being of the patient.
For the purposes of section 28(l) of the Act, a function of a local health district board is to liaise with the governing bodies of affiliated health organisations and Primary Health Networks established by the Commonwealth in relation to both local and State-wide initiatives for the provision of health services.
The following outdoor public places (within the meaning of the Smoke-free Environment Act 2000) are designated as smoke-free areas for the purposes of section 6A (Smoke-free areas—outdoor public places) of that Act—
• any outdoor public place at Albury Hospital, 201 Borella Road, Albury.
(Repealed)
For the purposes of section 40(1)(d) of the Act, persons employed in or by a government sector agency (within the meaning of the Government Sector Employment Act 2013) are prescribed as a class of persons to whom a local health district may delegate any of its functions.
Section 40 of the Act qualifies the scope of delegations of the functions of local health districts, including by providing that certain functions may not be delegated, that the whole of a local health district’s functions may not be delegated and that the Health Secretary may give a direction to a local health district concerning delegations under that section.
The Health Services Regulation 2013 is repealed.
Any act, matter or thing that, immediately before the repeal of the Health Services Regulation 2013, had effect under that Regulation continues to have effect under this Regulation.
Health Services Regulation 2018 (471). LW 24.8.2018. Date of commencement, on publication on LW, cl 2. This Regulation has been amended by cll 23 and 29 (4) of this Regulation and as follows—
(499) | Health Services Amendment (Functions of Local Health Districts) Regulation 2019. LW 11.10.2019. Date of commencement, on publication on LW, cl 2. | |
(406) | Health Services Amendment (Quarantine Services) Regulation 2020. LW 15.7.2020. Date of commencement, on publication on LW, cl 2. | |
No 3 | Road Transport Legislation Amendment (Drink and Drug Driving Offence) Act 2021. Assented to 24.2.2021. Date of commencement of Sch 2.2, 28.6.2021, sec 2(1) and 2021 (307) LW 25.6.2021. | |
(634) | Health Services Amendment (Visiting Medical Officers) Regulation 2024. LW 13.12.2024. Date of commencement, on publication on LW, sec 2. | |
No 8 | Industrial Relations Amendment Act 2025. Assented to 2.3.2025. Date of commencement of Sch 1.4, assent, sec 2(b). |
Part 4, Div 3 (cll 22, 23) | Rep 2018 (471), cl 23. |
Cl 15 | Am 2021 No 3, Sch 2.2. |
Cl 29 | Rep 2018 (471), cl 29 (4). Ins 2020 (406), cl 3. |
Cl 34 | Subst 2024 (634), Sch 1. Rep 2025 No 8, Sch 1.4. |
Cl 34A | Ins 2019 (499), cl 3. |
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