Public Hospitals (Visiting Practitioners) Further Amendment Act 1984 (NSW)
PUBLIC HOSPITALS (VISITING PRACTITIONERS) FURTHER
AMENDMENT ACT, 1984, No. 110
ANNO TRICESIMO TERTIO
ELIZABETHS H REGINS
Act No. 110, 1984.
An Act to amend the Public Hospitals Act, 1929, so as to omit certain pro visions relating to visiting practitioners to hospitals and to provide that certain regulations and by-laws affecting visiting practitioners may be made only after certain advice has been furnished; to make further provisions relating to sessional contracts for and the conditions of appointment of visiting practitioners; to repeal the Public Hospitals (Visiting Practitioners) Amendment Act, 1984; and for other purposes. [Assented to, 20th September, 1984.]
| See | al so | H ea l th | A dm in is t ra ti on | (M ed ica l | Services | C o m m it t e e ) | A m en d m en t | Act. | 1984. |
2 Act No. n o
Public Hospitals (Visiting Practitioners) Further Amendment 1984
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 “Public Hospitals (Visiting Practitioners)
Further Amendment Act, 1984”,
Commencement.
2. (1) Except as provided by subsection (2), this Act shall commence on
the date of assent to this Act.
| (2) | Schedule | 1 | (2), (.^), (4) and (8) (c), and section ?< | in its |
application to those provisions, shall commence on the day appointed and notified under section 2 (2) of the Health Administration (Medical Services Committee) Amendment Act, 1984,
Amendment of Act No. 8, 1929.
3. The Public Hospitals Act, 1929, is amended in the manner set forth
in Schedule 1,
Repeal of Act No. 51, 1984.
4. The Public Hospitals (VLsiting Practitioners) Amendment Act, 1984.
is repealed.
Savings as to notices of intention to resign as visiting practitioners.
5. ( 1) The repeal of Part Vo of the Public Hospitals Act, 1929, by this
Act does not revive any notice to which section 29tt i)f that Act applied.
| Ptihlic Has pit ah | i V isit in }> | Practitioners) | P nr I her | Amendment | 19 S 4 |
(2) On application made by a medical practitioner, the Minister for Health may, by instrument in writing, exempt a notice given by the medical practitioner from the operatiitn of section 29t) of the Public Hospitals Act. 1929, and that section shall be deemed never to have applied to a notice so exempted.
SCHtDULH I.
tSec. .1.)
AMt;NoMi-N IS lo [iir: P u b i .k HosmAi.s Ar: t, 1929.
( I ) Section I (2) —
Omit the subsection.
t2 ) Section ?>. delinition of "Medical Services Committee”—
After the delinition of “In-patient", insert: —
“Medical Services Committee" means the Medical Services Com mittee established under section 20n of the Health Adminis tration Act. 19X2.
| (.1) Section 2X f | (41 — |
After section 2X (2), insert: —
f."?) A by-law may not (to the extent to which it would alfect visiting practitioners in their capacity as such or to which it amends, jiiodifies or omits a provision that wt>uld so affect visiting prac titioners) be made under this section, unless—
| (a) | it is in substance the same as a model by-law under an order for the time being in force under section 2Xa; or |
(b> the Minister has received advice from the Medical Services
Committee in relation to the substance of the by-law.
4 Act No. 110
Public Hospitals {Visiting Practitioners) Further Amendment 1984
SCHEDULE {-—continued.
Amendments to the Public Hospitals Act, 1929—continued.
| (4) | Subsection f3) does not apply to a by-law if the Medical |
Services Committee does not furnish advice in relation to the by law to the Minister within 30 days after a notice from the Minister requesting such advice has been served on the Committee or within such further period as the Minister may specify in the notice or in another notice served on the Committee.
(4) Section 28a—
After section 28. insert:—
Model by-laws.
28a. (1) The Minister may cause to be published in the Gazette
an order setting out the terms of model by-laws.
(2) An order has no effect for the purposes of subsection
(1), to the extent to which a model by-law set out in the order—
| (a) | would (if it were in force in relation to a hospital) affect visiting practitioners in their capacity as such; or |
| (b) | . amends, modifies or omits a provision that would {if the pro vision were in force in relation to a hospital) so affect visiting practitioners, |
unless the Minister has received advice from the Medical Services
Committee in relation to the substance of the model by-law.
| (3) | Subsection (2) does not apply to an order if the Medical |
Services Committee does not furnish advice in relation to the order to the Minister within 30 days after a notice from the Minister request ing such advice has been served on the Committee or within such further period as the Minister may specify in the notice or in another notice served on the Committee.
Public Hospitals ( Visiting Practitioners) Further Amendment 1984
SCHEDULE \— continued.
Amendments to the Public Hospitals Act, 1929— continued.
(5) Section 29k, definition of “sessional contract"—
| (a) | After “the contract” where firstly occurring, insert “, during periods or sessions specified in the contract,”. |
(b) Omit “in consideration of remuneration on an hourly basis”.
(6) (a) Section 29m—
Omit “Subject to this Act and the regulations, the arbitrator” wherever occurring, insert instead “The arbitrator”.
(b) Section 29m (1) —
Omit “and the rates on an hourly basis of remuneration”, insert instead “, the amounts or rates of remuneration and the bases on which those amounts or rates are applicable,”.
(7) Part Vd—
Omit the Part, insert instead:—
PART Vd.
Visiting Practhtoners.
Certain conditions of appointment of vi.siting practitioners.
29s. ( 1) In this section—
“appointment” includes re-appointment;
“hospital patient” means a patient who is not a private patient;
“practitioner” means a medical practitioner or a dentist;
“private patient” means a patient who elects to be treated in a hos pital by a practitioner while the practitioner is exercising a right of private practice.
| ® | Act No. 110 |
Public Hospitals (Visiting Practitioners) Further Amendment 10X4
SCHEDULE I—continued.
Amendments to ime Public Hospitals Act. \92*i~contituied.
(2) The conditions subject to which a person is appointed
as a visiting practitioner to a hospital shall include the t’otiowing:—
| (a) | The visiting practitioner shall not, to the detriment of any patient of the hospital, discriminate as to the nature of profes sional services or priority of treatment, between private patients of the visiting practitioner and hospital patients allocated to the care of the visiting practitioner. |
| (b) | The visiting practitioner shall not, at or outside the hospital, coerce or attempt to coerce a patient or prospective patient of the hospital— |
( i ) to contribute or to cease to contribute for health bene fits insurance or to alter the patient's or prospective patient’s health benefits insurance; or
(ii) to become a private patient instead of a hospital patient.
For the purposes of subsection (2) (a), conduct of a visiting practitioner does not amount to discrimination if the visiting practitioner establishes that—^
<a) the conduct was the subject of an arrangement made by the visiting practitioner, by which the visiting practitioner arranged for the treatment of a patient by another prac titioner in circumstances of emergency or in accordance with accepted teaching practices: or
| (b) | the conduct was, on other grounds, reasonable in all the circumstances. | |
|
a visiting practitioner coerces or attempts to coerce a patient or prospective patient to do a thing mentioned in subsection (2) (b) if the visiting practitioner—
| (a) | gives information that the visiting practitioner knows, or rea sonably ought to know, to be false or misleading in a material particular; or |
Public Hospitals {Visitiiif; Practitioners) Further Amendment 1984
| SCHEDULE | ]— continued. |
Amkndmkn'IS to THi, Pi’Bi.ic HosPiiAi.s AcT, 1929—continued.
(h I refuses to provide professional services or alters the priority
of those services.
in order to convince or attempt to convince the patient or prospective
patient to do that thing.
| (5) | Subsection (2) applies to a visiting practitioner to a |
hospital notwithstanding that the appointment to that position was
made before the commencement of this section.
| (6) | The appointment of a visiting practitioner to a hospital |
is subject to the conditions referred to in subsection (2) whether or not they are included in an agreement between the visiting practitioner and the hospital.
(1) Nothing in this section shall be construed as preventing the prescription by regulations or by-laws made under this Act of conditions (other than tho.se set out in subsection (2)) subject to which a person is appointed as a visiting practitioner to a hospital.
(8) (a) Section 42 flA)—
Omit the subsection.
(b) Section 42 (3b )—
After section 42 (3a). insert:—
(3b ) In the event of an inconsistency between a provision of the regulations and a provision of a by-law made under this Act. the firstmentioned provision shall prevail to the extent of the inconsistency.
| ̂ | Act No. no |
Public Hospitals {Visiting Practitioners) Further Amendment 1984
SCHEDULE {— continued.
Amendments to the Public Hospitals Act, 1929—continued.
(c) Section 42 (6), (7)—
After section 42 (5), insert:—
(6) A regulation may not be made pursuant to subsection (1) (hi ) unless the Minister has received advice from the Medical Services Committee in relation to the substance of the regulation.
(7) Subsection (6) does not apply to a regulation if the Medical Services Committee does not furnish advice in relation to the regulation to the Minister within 30 days after a notice from the Minister requesting such advice has been served on the Committee or within such further period as the Minister may specify in the notice or in another notice served on the Committee.
0
0
0