Miscellaneous Acts (Area Health Services) Amendment Act 1986 (NSW)

MISCELLANEOUS ACTS (AREA HEALTH SERVICES)

AMENDMENT ACT 1986 No. 53

NEW SOUTH WALES

TABLE OF PROVISIONS

1.       Short title

2.        Commencement

3.        Amendment of certain Acts

SCHEDULE 1—AMENDMENTS

MISCELLANEOUS ACTS (AREA HEALTH SERVICES)

AMENDMENT ACT 1986 No. 53

NEW SOUTH WALES

Act No. 53, 1986

An Act to amend certain Acts as a consequence of and in connection with the enactment of the Area Health Services Act 1986. [Assented to, 14 May 1986]

Miscellaneous Acts (Area Health Services) Amendment 1986

BE 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:

Short title

1. This Act may be cited as the "Miscellaneous Acts (Area Health

Services) Amendment Act 1986".

Commencement

2. (1) Sections 1 and 2 shall commence on the date of assent to this

Act.

(2) Except as provided by subsection (1), this Act shall commence on the

commencement of the Area Health Services Act 1986.

Amendment of certain Acts

3.     Each Act specified in Schedule 1 is amended in the manner set forth

in that Schedule.

SCHEDULE 1

(Sec. 3)

AMENDMENTS

Anatomy Act 1977 No. 126—

Section 4(1), definition of "hospital"—

(a) From paragraph (c), omit "or".

(b) After paragraph (c), insert:

(cl) a hospital under the control of an area health service constituted

under the Area Health Services Act 1986; or

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Miscellaneous Acts (Area Health Services) Amendment 1986

SCHEDULE 1—continued

AMENDMENTS—continued

Centenary Institute of Cancer Medicine and Cell Biology Act 1985 No. 192—

Section 7 (6)—

After section 7 (5), insert:

(6) If the Royal Prince Alfred Hospital is, under the Area Health Services

Act 1986, transferred to an area health service constituted under that Act—

(a)	the governor referred to in subsection (3) (c) or (d) does not cease to hold office because of that transfer; and
(b)	the person who may, after that transfer, be appointed as such a governor shall be a person approved by the area health service.

Child Welfare Act 1939 No. 17—

Section 28 (3) (cl)—

After section 28 (3) (c), insert:

(cl) a hospital or other institution under the control of an area health service

constituted under the Area Health Services Act 1986;

Defamation Act 1974 No. 18—

Section 17c—

Omit "a board of directors of a hospital", insert instead "a board referred to in that section".

Human Tissue Act 1983 No. 164—

(1) Section 4(1), definition of "governing body"—

(a) From paragraph (c), omit "or".

(b) After paragraph (c), insert: 

(cl) in the case of a hospital under the control of an area health service constituted under the Area Health Services Act 1986—the area health board for that area health service; or

(2) Section 4(1), definition of "hospital"—

(a) From paragraph (c), omit "or".

(b) After paragraph (c), insert:

(cl) a hospital under the control of an area health service constituted under

the Area Health Services Act 1986; or

Miscellaneous Acts (Area Health Services) Amendment 1986

SCHEDULE 1—continued

AMENDMENTS—continued

Hunter District Water, Sewerage and Drainage Act 1938 No. 11—

Section 91 (1) (d2)—

After section 91 (1) (dl), insert:

(d2) land which is vested in an area health service constituted under the Area Health Services Act 1986 and is used or occupied by the area health service for the purposes thereof;

Land Acquisition (Charitable Institutions) Act 1946 No. 55—

Section 2(1), definition of "Institution"—

Omit "as amended by subsequent Acts, but does not include an incorporated hospital as defined in that Act as so amended", insert instead "but does not include an incorporated hospital (as defined in that Act) or an area health service constituted under the Area Health Services Act 1986".

Land Tax Management Act 1956 No. 26—

Section 10(1) (c 1)—

After section 10(1) (c), insert:

(cl) land owned by or in trust for an area health service constituted under

the Area Health Services Act 1986;

Local Government Act 1919 No. 41—

(1) Section 132 (1) (d2)—

After section 132 (1) (dl), insert:

(d2) land which is vested in an area health service constituted under the Area Health Services Act 1986 and is used or occupied by the area health service for the purposes thereof; and

(2) Section 298 (2)—

After "Public Hospitals Act, 1929,", insert "or any area health service

constituted under the Area Health Services Act 1986,".

Medical Practitioners Act 1938 No. 37—

(1) (a) Section 15 (4) (a) (i)—

Omit "or" where lastly occurring.

(b) Section 15 (4) (a) (ii), (iii)—

Omit section 15 (4) (a) (ii), insert instead:

(ii) in one or more hospitals under the control of an area health service constituted under the Area Health Services Act 1986; or

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Miscellaneous Acts (Area Health Services) Amendment 1986

SCHEDULE 1—continued AMENDMENTS—continued

(iii)  in one or more private hospitals or other institutions (whether in New South Wales or elsewhere) approved by the Board,

(2) Section 19 (2A) (b) (ii)—

After "1929", insert "or of a hospital under the control of an area health service constituted under the Area Health Services Act 1986".

(3) (a) Section 23B (4) (a) (i)—

Omit "or" where lastly occurring.

(b) Section 23B (4) (a) (ii), (iii)—

Omit section 23B (4) (a) (ii), insert instead:

(ii) in any hospital under the control of an area health service constituted under the Area Health Services Act 1986; or

(iii) in-any private hospital or other institution approved by the Board;

(4) Section 24 (2) (c)—

After "1929", insert "or of a hospital under the control of an area health service constituted under the Area Health Services Act 1986".

(5) Section 40(1) (a)—

After "1929,", insert "or in any hospital under the control of an area health service constituted under the Area Health Services Act 1986".

Mental Health Act 1983 No. 178—

(1) Section 7 (1) (al)—

After section 7(1) (a), insert:

(al) a hospital under the control of an area health service constituted under

the Area Health Services Act 1986;

(2) Section 28—

After "of that Act", insert ", or of an area health service constituted under the Area Health Services Act 1986,".

(3) Section 144(1)—

After "of that Act", insert ", or in respect of those hospitals which are under the control of an area health service constituted under the Area Health Services Act 1986,".

Miscellaneous Acts (Area Health Services) Amendment 1986

SCHEDULE 1—continued

AMENDMENTS—continued

Metropolitan Water, Sewerage, and Drainage Act 1924 No. 50—

Section 88 (1) (d2)—

After section 88 (1) (dl), insert:

(d2) land which is vested in an area health service constituted under the Area Health Services Act 1986 and is used or occupied by the area health service for the purposes thereof;

Motor Traffic Act 1909 No. 5—

Section 4 F (12)—

After "any hospital", insert "under the control of an area health service constituted under the Area Health Services Act 1986, any hospital".

Motor Vehicles Taxation Management Act 1949 No. 34—

Section 3 (3) (c) (ia)—

After section 3 (3) (c) (i), insert:

(ia) an area health service constituted under the Area Health Services Act

1986;

Motor Vehicles (Third Parry Insurance) Act 1942 No. 15— Section 24 (1), definition of "Public hospital"— After "that Act", insert "or a hospital under the control of an area health

service constituted under the Area Health Services Act 1986".

New South Wales State Cancer Council Act 1955 No. 25—

Section 14 (2)—
At the end of section 14, insert:

(2) This section does not apply to a cancer institute constructed on land

the Area Health Services Act 1986. vested in, or under the control of, an area health service constituted under

Pay-roll Tax Act 1971 No. 22—

(1) Section 10 (1) (b 1)—

After section 10(1) (b), insert:

(bl) by an area health service constituted under the Area Health Services

Act 1986;

(2) Section 10(1 A ) —

After "(b),", insert "(bl) ," .

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Miscellaneous Acts (Area Health Services) Amendment 1986

SCHEDULE I—continued

AMENDMENTS—continued

(3) Section 10 (1A) (cl)—

After section 10 (1A) (C), insert:

(cl) an area health service referred to in subsection (1) (bl), to a person in respect of time when the person is engaged in work of a kind ordinarily performed in connection with the conduct of an area health service;

Private Health Establishments Act 1982 No. 130— (1) Section 4(1) , definition of "nursing home"—

(a) From paragraph (d), omit "or" where lastly occurring.

(b) Omit paragraph (e), insert instead:

(e) a hospital or other health service under the control of an area health service constituted under the Area Health Services Act 1986; or

(f) a private hospital;

(2) Section 4(1) , definition of "private hospital"—

(a) From paragraph (b), omit "or" where lastly occurring.

(b) Omit paragraph (c), insert instead:

(c) a hospital or other health service under the control of an area health service constituted under the Area Health Services Act 1986; or

(d) a nursing home;

(3) Section 11 (d) (ii)—

Omit "or".

(4) Section 11 (d) (iv)—

After section 11 (d) (iii), insert: 

(iv) the prescribed distance from a hospital under the control of an area health service constituted under the Area Health Services Act 1986; or

Private Hospitals Act 1908 No. 14—

(1) Section 2, definition of "Nursing home"—

After paragraph (d), insert:

(dl) a hospital or other health service under the control of an area health

service constituted under the Area Health Services Act 1986;

Miscellaneous Acts (Area Health Services) Amendment 1986

SCHEDULE I—continued

AMENDMENTS—continued

(2) Section 2, definition of "Private hospital"—

After paragraph (b), insert:

(bl) a hospital or other health service under the control of an area health

service constituted under the Area Health Services Act 1986;

Prostitution Act 1979 No. 71—

Section 8A (5), definition of "hospital"—

After " 1929,", insert "or a hospital under the control of an area health service constituted under the Area Health Services Act 1986".

Public Accountants Registration Act 1945 No. 18—

Section 28 (1) (c), (d)—

At the end of section 28 (1) (c), insert:

; or

(d) as an auditor of the accounts of an area health service constituted under the Area Health Services Act 1986.

Public Authorities (Financial Accommodation) Act 1981 No. 82—

(1) Schedule 4—

Insert, in appropriate alphabetical order:

Area health service constituted under the Area Health Services Act 1986.

(2) Schedule 7—

Insert, in appropriate alphabetical order:

Area health service constituted under the Area Health Services Act 1986.

Public Authorities Superannuation Act 1985 No. 41—

Schedule 3— (1) Part 3—

At the end of Part 3, insert:
The Health Administration Corporation.
(2) Part 4—
At the end of Part 4, insert:
An area health service constituted under the Area Health Services Act 1986.

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Miscellaneous Acts (Area Health Services) Amendment 1986

SCHEDULE 1— continued

AMENDMENTS—continued

Public Health Act 1902 No. 30—

Section 50B, definition of "hospital"—

After paragraph (a), insert:

(b) a hospital under the control of an area health service constituted under the Area Health Services Act 1986;

Registration of Births, Deaths and Marriages Act 1973 No. 87—

(1) Section 4(1), definition of "institution"—

After paragraph (b), insert:

(bl) a hospital under the control of an area health service constituted

under the Area Health Services Act 1986;

(2) Section 24 (7c) (a)—

After "1929,", insert "in any hospital under the control of an area health service constituted under the Area Health Services Act 1986".

Stamp Duties Act 1920 No. 47—

Section 3(1), definition of "Public hospital"—

After "1929", insert "or a hospital under the control of an area health service constituted under the Area Health Services Act 1986".

Workers' Compensation Act 1926 No. 15—

Section 10 (2), definition of "Public hospital"—

(a) From paragraph (b), omit "or".

(b) After paragraph (b), insert:
(bl) a hospital under the control of an area health service constituted

under the Area Health Services Act 1986: or

Miscellaneous Acts (Area Health Services) Amendment 1986

SCHEDULE I—continued AMENDMENTS—continued

Youth and Community Services Act 1973 No. 90—

Section 3, definition of "residential centre for handicapped persons"—

After paragraph (d) (ii), insert:

(iia) a hospital or other health service under the control of an area health

service constituted under the Area Health Services Act 1986;