- Health Services Act 1997 No 154
- Status information
- Long title
- Chapter 1 Preliminary
- Chapter 2 Structure of the public health system
- 6 What is the public health system?
- 7 What is a public health organisation?
- 8 What is a local health district?
- 9 Primary purposes of local health districts
- 10 Functions of local health districts
- 11 What is a statutory health corporation?
- 12 Functions of statutory health corporations
- 13 What is an affiliated health organisation?
- 14 Functions of affiliated health organisations
- 15 What is a public hospital?
- 16 (Repealed)
- Chapter 3 Local health districts
- Part 1 Constitution of local health districts
- 17 Constitution of local health districts
- 18 Areas in respect of which local health districts constituted
- 19 Amendment of Schedule 1 (Names and areas of local health districts)
- 20 Dissolution, amalgamation or change of name of local health districts
- 21 Consequential and transitional provisions on the making of orders
- 22 Provisions relating to the corporate nature of local health districts
- Part 2 Control and management of local health districts
- Part 3 Functions of local health districts
- 30 Combined management or assistance in management of public hospitals, health institutions, health services or health support services
- 31 Opening and closing of hospitals, health institutions, health services or health support services
- 32 Determination of role, functions and activities of local health districts
- 33 (Repealed)
- 34 Powers in relation to property
- 35 Application of Public Works Act 1912
- 36 Power to accept property by gifts, devises and bequests
- 37 Contracts of local health district
- 38 Investments
- 39 Local health district by-laws
- 40 Delegations by local health district
- Chapter 4 Statutory health corporations
- Part 1 Constitution of statutory health corporations
- 41 Constitution of statutory health corporations
- 42 Amendment of Schedule 2 (Statutory health corporations)
- 43 Dissolution, transfer, amalgamation or change of name or nature of governance of statutory health corporations
- 44 Consequential and transitional provisions on the making of orders
- 45 Provisions relating to the corporate nature of statutory health corporations
- Part 2 Control and management of statutory health corporations
- Division 1 Board governed health corporations
- 46 Constitution of health corporation boards
- 47 Health corporation board to control affairs of board governed health corporation
- 48 Health corporation board subject to control and direction of Minister
- 49 Membership of health corporation board
- 50 Provisions relating to members and procedure of boards
- 51 Appointment of chief executive of board governed health corporation
- 52 Removal of members and appointment of administrator
- Division 2 Chief executive governed health corporations
- Division 3 Specialty network governed health corporations
- Part 3 Functions of statutory health corporations
- 53A Combined management or assistance in management of public hospitals, health institutions, health services or health support services
- 53 Determination of functions of statutory health corporations
- 54 Other committees and councils
- 55 Powers in relation to property
- 56 Application of Public Works Act 1912
- 57 Power to accept property by gifts, devises and bequests
- 58 Contracts of statutory health corporations
- 59 Investments
- 60 Statutory health corporation by-laws
- 61 Delegations by statutory health corporations
- Chapter 5 Affiliated health organisations
- 62 Recognition of affiliated health organisations
- 62A Declared affiliated health organisations
- 62B Recognition of networked affiliated health organisations
- 63 Affiliated health organisations may make by-laws
- 63A Criminal and disciplinary matters concerning employees of non-declared affiliated health organisations
- 64 Transfer of recognised establishments and recognised services of affiliated health organisations
- 64A Regulations relating to movement of staff between NSW Health Service and non-declared affiliated health organisations
- 65 Minister may determine role, functions and activities of affiliated health organisations
- 66 Appointment of chief executives of public hospitals and health services of affiliated health organisations
- 67 Liability of affiliated health organisations in relation to recognised establishments and recognised services
- Chapter 5A Ambulance services
- Part 1 Preliminary
- Part 2 Provision of ambulance services
- 67AB Appointed body
- 67A Ambulance Service of NSW
- 67B Provision etc of ambulance services
- 67C Ambulance Service Advisory Board
- 67D (Repealed)
- 67E Unauthorised provision of ambulance transport
- 67F Unauthorised collections
- 67G False calls for provision of ambulance services
- 67H Honorary ambulance officers
- 67I Exculpation from personal liability
- 67J (Repealed)
- Part 3 Fees for ambulance services
- Part 4 How ambulance fees are charged
- Part 5 Recovery of ambulance fees
- Part 6 Fee reviews
- Part 6A
- Part 7 Miscellaneous
- Chapter 6 Medicare Principles and Commitments
- Chapter 7 Charges for health services
- Introduction
- 69 Scale of fees
- 70 Liability of persons for health service fees
- 71 Care and treatment to be provided to persons without means
- 72 Cost of relief granted to injured persons to be a charge on damages
- 73 Order not to be made in certain circumstances
- 74 Fees for medical attendance
- 75 Hospital and other health services provided by Crown
- Chapter 8 Visiting practitioners
- Introduction
- Part 1 Classification of visiting practitioners
- Part 2 Service contracts
- Division 1 Classification of service contracts
- Division 2 Entry into service contracts
- Division 3 Arbitrations concerning certain service contracts in the public health system generally
- 89 Application for appointment of arbitrator
- 90 Appointment of arbitrator by relevant Minister
- 91 Nature of determination
- 92 Manner of exercise of arbitrator’s functions
- 93 Rights of appearance, administration of oaths, legal representation
- 94 Conduct of proceedings and protection of arbitrator
- 95 Notification of determination and finality of determination
- 96 Appeal to Full Bench of the Industrial Relations Commission
- 97 Interpretation of a determination
- 98 Determination contractually binding
- Part 3 Criminal and disciplinary matters concerning visiting practitioners
- 99 Duty to report certain criminal and disciplinary matters
- 99A Duty of chief executive to report certain conduct of visiting practitioner
- 100 Termination of appointments in certain cases of serious sex or violence offences
- 101 Protection of patients, clients and children to be paramount consideration
- 102 No compensation for termination of appointment
- 103 Appeal rights
- 104 Effect of Part on other rights
- Part 4 Appeals concerning appointment decisions
- 105 Public health organisation to notify visiting practitioners of certain decisions
- 106 Right of appeal to Minister
- 107 Notice of appeal to Minister
- 108 Constitution of Committee of Review
- 109 Date and place of hearing
- 110 Right of appearance
- 111 Powers of and procedure before a Committee
- 112 Determination of appeal
- 113 Effect and implementation of order
- Part 5 Effect of Act on agreements with visiting practitioners
- Chapter 9 The NSW Health Service
- Part 1 Employment of staff in the NSW Health Service
- 115 The NSW Health Service
- 116 Employment of staff generally
- 116A Salary, conditions etc of staff employed in the NSW Health Service (other than senior executives)
- 116B Special provisions relating to staff employed in connection with declared affiliated health organisations
- 116C Transfer of staff within the NSW Health Service on ground of redundancy
- 116D Health Secretary may arrange for use of services or facilities outside of NSW Health Service
- 116E Obligations of declared affiliated health organisations under certain legislation
- 116F Operation of privacy legislation
- 116G Miscellaneous provisions relating to civil liability
- 116H Role of Health Secretary in industrial proceedings
- Part 2 Criminal and disciplinary matters concerning staff of NSW Health Service
- 117AA Definitions
- 117 Duty to report certain criminal conduct and disciplinary matters
- 117A Duty of chief executive to report certain conduct
- 118 Disciplinary action in certain cases of serious sex or violence offences
- 119 Protection of patients, clients and children to be paramount consideration
- 120 No compensation for termination of employment
- 120A Suspension of members of staff from duty pending decision in relation to misconduct or serious criminal charge
- 121 Effect of Part
- Part 3 NSW Health Service senior executives
- 121A NSW Health Service senior executives
- 121B Employer of senior executives
- 121C Kinds of employment
- 121D Employment in bands and assignment to roles
- 121E Government sector employment rules and employment directions and conditions
- 121F Contract of employment
- 121G Remuneration, benefits and allowances
- 121H Termination of employment
- 121I Acting in executive roles
- 121J Industrial or legal proceedings excluded
- 121K Delegation of employer functions
- 121L–121T (Repealed)
- Chapter 10 Administration of the public health system
- Note
- Part 1 Administration
- Part 1A Provision of services
- Part 2 Finance
- 126I Health funding arrangements under the National Health Reform Agreement
- 127 Determination of subsidies
- 127A Deferral of payment of subsidy
- 127B Loans to public health organisations
- 128 Agreement by affiliated health organisation to repay sums
- 129 Funding of recognised establishments and recognised services of affiliated health organisations
- 130 Performance agreements between local health districts and affiliated health organisations they subsidise
- Part 3 Transfer of hospitals, health institutions, services and property
- Chapter 11 Miscellaneous
- Introduction
- 133 Establishment of Samaritan Funds
- 133A Nature of staffing arrangements
- 133B Personal liability of members of boards of statutory health organisations
- 133C Sharing or exchange of information about health practitioner appointments
- 133D Consolidation of annual reporting information for NSW Health entities
- 134 Obstructing or hindering Minister, Health Secretary, authorised officer or other public official
- 135 Authentication of certain documents
- 136 Proof of certain matters not required
- 137 Proceedings for offences
- 138 (Repealed)
- 139 Liability of persons conducting performance reviews etc
- 139A Liability of certain persons assisting in the exercise of functions under Guardianship Act 1987 and Children and Young Persons (Care and Protection) Act 1998
- 140 Regulations
- 141 Savings and transitional provisions
- 142 Review of Act
- Schedule 1 Names and areas of local health districts
- Schedule 2 Statutory health corporations
- Schedule 3 Affiliated health organisations
- Schedule 4 Transfers, dissolutions, amalgamations and changes of name or nature of governance
- Schedule 4A Constitution and procedure of local health district boards
- Schedule 5 Provisions relating to members and procedure of health corporation boards
- Schedule 6 Provisions relating to members and procedure of Ambulance Service Advisory Board
- Schedule 6A National Health Funding Pool and Administration
- Schedule 7 Savings, transitional and other provisions
- Schedule 8 Transferred provisions—Sydney Hospital (Trust Property) Act 1984
- Schedule 9 (Repealed)
- Dictionary
- Historical notes
Health Services Act 1997 No 154
Current
version
for 8 November 2023
to date
(accessed 10 May 2024 at 21:57)
Status information
Currency of version
Current
version
for 8 November 2023
to date
(accessed 10 May 2024 at 21:57)
Legislation on this site is usually updated within 3 working days after a change to the legislation.
Provisions in force
The provisions displayed in this version of the legislation have all commenced. See
Historical Notes
Does not include amendments by—
Health Services Amendment (Ambulance Services) Act 2015 No 22 (amended by Point to Point Transport (Taxis and Hire Vehicles) Act 2016 No 34) (not commenced)
Industrial Relations Amendment Act 2023 No 41 (not commenced — to commence on 1.7.2024)
Health Services Amendment (Ambulance Services) Act 2015 No 22 (amended by Point to Point Transport (Taxis and Hire Vehicles) Act 2016 No 34) (not commenced)
Industrial Relations Amendment Act 2023 No 41 (not commenced — to commence on 1.7.2024)
Responsible Minister
Minister for Health, jointly with the Minister for Regional Health and the Minister for Mental Health
Authorisation
This version of the legislation is compiled and maintained in a database of legislation by the Parliamentary Counsel's Office and published on the NSW legislation website, and is certified as the form of that legislation that is correct under section 45C of the
Interpretation Act 1987.