Public Hospitals (Amendment) Act 1980 (NSW)

PUBLIC HOSPITALS (AMENDMENT) ACT, 1980,

No. 89

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ANNO VICESIMO NONO

ELIZABETH^; II REGINA

Act No. 89, 1980.

An Act to amend the Public Hospitals Act, 1929, to provide for the appointment of an arbitrator to determine the fees to be paid to medical practitioners perfoiming fee-for-service work at incorporated hospitals or separate institutions within the meaning of that Act. [Assented to, 1st May, 1980.]

Act No. 89, 1980.

Public Hospitals {Amendment).

BE it enacted by the Queen’s Most Excellent Majesty, by and witli 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 “Public Hospitals Short

(Amendment) Act, 1980”.

2.      (1) This section and section 1 shall commence on the date Commence-

of assent to this Act.

(2) Except as provided in subsection (1), this Act shall

commence on sucli day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

3.          The Public Hospitals Act, 1929, is amended in the maimer Amendment

set forth in Schedule 1.

SCHEDULE 1.

See. 3.

Amendments to t h e Public Hospitals Act, 1929.

(1) (a) Section 29k, definition of “arbitrator”—

After “29l (1 )”, insert “or (3 )”.

(b ) Section 29k, definition of “fee-for-service contract”—

After the definition of “Association”, insert :—

“fee-for-service contract” means a contract between

an incorporated hospital, a separate institution

or the governing body of a separate institution

Act No. 89, 1980.

Public Hospitals {Amendment).

SCHEDULE 1—continued.

A m endm ents to the P ublic H ospitals A c t ,

1929—continued.

and a medical practitioner under which the medical practitioner is required to provide medical services or medical services of any class or description specified in the eontract to all patients of that incorporated hospital or separate institution or to any class of patients of that incorporated hospital or separate institution specified in the contract in consideration of remuneration on a fee-for- service basis;

(c) Section 29k, definition of “visiting medical officer”—

After “under a”, insert “fee-for-serviee contraet or a”.

(2) (a) Section 29l (1), (2 )—

Omit “section 29m” wherever oceurring, insert instead “section 29m (1 )”.

(b) Section 29l (3 )—

After section 29l (2), insert ;—

(3) The Attorney-General shall, upon reeeipt of an

applieation in the prescribed form made by—

(a) the Association and the Commission jointly; or

(b) either the Association or the Commission, appoint a member of the Industrial Commission of New South Wales to be the arbitrator for the purposes of making a determination under section 29m (1 a ).

Act No. 89, 1980.

Public Hospitals {Amendment).

SCHEDULE 1—continued.

A m endm ents to the P ublic H ospitals A c t ,

1929—continued.

(3) (a) Section 29m (1) —

After “his appointment”, insert “under section 29l

( 1) ”.

(b) Section 29m ( I a)-

After section 29m (1), insert :—

(1a) The arbitrator shall, as soon as practicable after his appointment under section 29L (3), determine—

(a)	the rates on a fee-for-service basis of remuneration in respect of medical services provided by visiting medical officers under fee-for-service contracts; and
(b)	the date or dates, not being a date or dates earlier than the date of the determination, on and from which any determination made under paragraph (a) shall have effect.

(c) Section 29m (2) —

After “subsection (1 )”, insert “or (1a) ”.

(4) (a) Section 29r-

After “any provision of a”, insert “fee-for-service contract or a”.

Act No. 89, 1980.

Public Hospitals {Amendment).

SCHEDULE 1—continued.

A m endm ents to the P ublic Hospitals A c t ,

1929—continued.

(b) Section 29r—

Omit “sessional contract” where secondly occurring, insert instead “fee-for-service contract or the sessional contract, as the case may be,”.