HEALTH SERVICES ACT 1997 -

New South Wales Consolidated Acts

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HEALTH SERVICES ACT 1997 -

DICTIONARY

Note : The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

Part 1 - Definitions

"affiliated health organisation" --see section 13.

"Ambulance Service of NSW" --see section 67A.

"ambulance services" means services relating to the work of rendering first aid to, and the transport of, sick and injured persons.

"appellant" means a person who appeals under section 106.

"appoint" , in relation to a visiting practitioner, includes re-appoint.

"arbitrator" means a person appointed under section 90 to be an arbitrator.

"area" of a local health district means the area described in Column 2 or 3 (or both) of Schedule 1 in respect of which the local health district is constituted.

"assets" means any legal or equitable estate or interest (whether present or future, whether vested or contingent and whether personal or assignable) in real or personal property of any description (including money), and includes securities, choses in action and documents.

"Association" means the Australian Medical Association (NSW) Limited.

"authorised officer" means a person appointed under section 124.

"board governed health corporation" means a statutory health corporation that, as specified in Schedule 2, is governed by a board.

"by-laws" means by-laws under this Act.

"chief executive" --

(a) of a local health district--means the chief executive of that district, or

(b) of a statutory health corporation--means the chief executive of that corporation, or

(c) of an affiliated health organisation--means the person who is responsible to the governing body of the organisation for the management of its recognised establishments and recognised services.

"chief executive governed health corporation" means a statutory health corporation that, as specified in Schedule 2, is governed by a chief executive.

"Committee" means a Committee of Review appointed by the Minister under section 108.

"conviction" means a conviction within the meaning of the Criminal Records Act 1991 .

"declared affiliated health organisation" --see section 62A.

"eligible person" has the same meaning as it has in the Health Insurance Act 1973 of the Commonwealth.

"exercise" of a function includes performance of a duty.

"fee-for-service contract" --see section 82.

"financial year" means the period of 12 months beginning on 1 July.

"function" includes a power, authority or duty.

"governing body" of an affiliated health organisation means the person or the board or other body that is responsible for the management of the organisation in relation to its recognised establishments and recognised services.

"Health Administration Corporation" means the Health Administration Corporation constituted by the Health Administration Act 1982 .

"health corporation board" means a health corporation board constituted under section 46 for a statutory health corporation.

"health institution" means an institution (other than a hospital) by or at which health services or health support services are provided.

"Health Secretary" means the Secretary of the Ministry of Health.

"health service" means any of the following--

(a) any hospital service,

(b) any medical service,

(c) any paramedical service,

(d) any community health service,

(e) any environmental health service,

(e1) the supply or fitting of any prosthesis or therapeutic device,

(f) any other service (including any service of a class or description prescribed by the regulations) relating to the maintenance or improvement of the health, or the restoration to health, of persons or the prevention of disease in or injury to persons.

"health support service" means a service that is provided in aid or support of a health service, such as--

(a) the professional, technical or other education or training of persons to be employed within the public health system to provide health services, or

(b) the procurement or supply (or both) of goods, substances or services to providers of health services, or

(c) the planning or construction of any building or facility for use in the provision of health services, or

(d) the provision of corporate services to providers of health services,

and includes a service prescribed by the regulations.

"honorary ambulance officer" means a person appointed to be an honorary ambulance officer under section 67H.

"honorary contract" --see section 84.

"honorary medical officer" --see section 79.

"hospital" means an institution at which relief is given to sick or injured people through the provision of care or treatment.

"liabilities" means any liabilities, debts or obligations (whether present or future, whether vested or contingent and whether personal or assignable).

"local government area" has the same meaning as
"area" has in the Local Government Act 1993 .

"local health district" --see section 8.

"local health district board" means a local health district board for a local health district established under section 26.

"Medical Services Committee" means the Medical Services Committee established under section 20B of the Health Administration Act 1982 .

"Medicare Agreement" means the Agreement (as in force from time to time) between the Commonwealth and the States referred to in section 24 of the Health Insurance Act 1973 of the Commonwealth.

"Medicare Principles and Commitments" --see section 68.

"member of the NSW Health Service" means any person who is employed under Part 1 of Chapter 9 in the NSW Health Service.

"modification" includes addition, exception, omission or substitution.

"National Health Reform Agreement" has the same meaning as it has in Schedule 6A and includes any agreement that replaces or supersedes that Agreement.

"non-chargeable hospital service" means any health service provided to a patient by a public hospital that is a recognized hospital and for which it has been agreed under the Medicare Agreement that the patient is not to be charged, but only if the Medicare Agreement is in force at the time the service is provided.

"NSW Health Service" means the NSW Health Service referred to in section 115.

"NSW Health Service senior executive" means a person employed in the NSW Health Service as a NSW Health Service senior executive.

"nursing home" means a nursing home within the meaning of the Public Health Act 2010 .

"practice company" means a corporation (however incorporated) that is controlled or conducted by a medical practitioner and by means of which the medical practitioner conducts his or her medical practice.

"private health facility" means a private health facility within the meaning of the Private Health Facilities Act 2007 .

"public health organisation" --see section 7.

"public health system" --see section 6.

"public hospital" --see section 15.

"recognised establishment" of an affiliated health organisation means a hospital or health institution of the organisation that is listed in column 2 of Schedule 3 next to its name.

"recognised service" of an affiliated health organisation means a health service or health support service of the organisation that is listed in column 2 of Schedule 3 next to its name.

"recognized hospital" has the same meaning as it has in the Health Insurance Act 1973 of the Commonwealth.

"relevant Minister" means the Minister administering the Industrial Relations Act 1996 for the time being.

"rights" means any rights, powers, privileges or immunities (whether present or future, whether vested or contingent and whether personal or assignable).

"role" of a NSW Health Service senior executive means the duties and responsibilities of the executive.

"serious sex or violence offence" means an offence involving sexual activity, sexual touching or a sexual act, physical violence or the threat of physical violence that--

(a) if committed in New South Wales, is punishable by imprisonment for 12 months or more, or

(b) if committed elsewhere than in New South Wales, would have been an offence punishable by imprisonment for 12 months or more if committed in New South Wales.

"service contract" --see section 80.

"sessional contract" --see section 83.

"sexual touching" and
"sexual act" have the same meanings as in Division 10 of Part 3 of the Crimes Act 1900 .

"specialty network governed health corporation" means a statutory health corporation that, as specified in Schedule 2, is specialty network governed.

"standard service contract" --see section 87(2).

"statutory health corporation" --see section 11.

"statutory health organisation" means a local health district or a statutory health corporation.

"visiting medical officer" --see section 78.

"visiting practitioner" --see section 76.

Part 2 - Other expressions

1 References to acts, omissions or things of affiliated health organisations

(1) A reference in this or any other Act (however expressed) to any act, omission or thing of an affiliated health organisation in relation to any of its recognised establishments or recognised services--
(a) in the case of an affiliated health organisation that is unincorporated--is a reference to an act, omission or thing of the governing body of the organisation or a member of that body (as the case may be) in relation to that establishment or service, or

(b) in the case of an affiliated health organisation that is incorporated--is a reference to an act, omission or thing of the corporate body constituting the organisation in relation to that establishment or service.

(2) A reference in this or any other Act (however expressed) to--
(a) a hospital, health institution, health service or health support service of an affiliated health organisation is a reference to a hospital, health institution, health service or health support service that is a recognised establishment or recognised service of the organisation, or

(b) the staff, assets, rights or liabilities of an affiliated health organisation is a reference to the staff, assets, rights or liabilities of the organisation relating solely or principally to the operation of the recognised establishments or the provision of the recognised services of the organisation.

2 References to control of hospitals, health institutions, health services or health support services

A reference in this Act to a hospital, health institution, health service or health support service controlled by the Crown or any public health organisation or other body or person includes a reference to a hospital, health institution or service that is conducted by or on behalf of such an organisation, body or person.

3 References to serious sex or violence offence

A reference in this Act to a serious sex or violence offence includes a reference to an attempt to commit a serious sex or violence offence or a conspiracy to commit such an offence.

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