Health Administration Regulation 2020

This Regulation is the Health Administration Regulation 2020.

This Regulation commences on the day on which it is published on the NSW legislation website.

Note.

This Regulation repeals and replaces the Health Administration Regulation 2015, which would otherwise be repealed on 1 September 2020 by section 10(2) of the Subordinate Legislation Act 1989.

In this Regulation—

private health facility has the same meaning it has in the Private Health Facilities Act 2007.

the Act means the Health Administration Act 1982.

Note.

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

Notes included in this Regulation do not form part of this Regulation.

For the purposes of paragraph (c) of the definition of prescribed establishment in section 20D of the Act, the following are prescribed—

a private health facility within the meaning of the Private Health Facilities Act 2007,

a nursing home within the meaning of the Public Health Act 2010,

a pathology laboratory operating at premises approved as an accredited pathology laboratory under section 23DN of the Health Insurance Act 1973 of the Commonwealth,

the bodies listed in Schedule 1.

Subject to the Act, this Regulation or any rules of the prescribed establishment that established a Committee, a Committee may call and conduct meetings of the Committee as it determines.

Of the members of a Committee, one is to be elected as chairperson by a majority of those members.

The quorum for a Committee meeting is a majority of its members for the time being.

Despite subclause (1), a Committee may, at a Committee meeting at which a quorum is present, decide on a different number of members as the quorum for future meetings.

The chairperson presides at a Committee meeting.

If the chairperson is absent from a Committee meeting, another member elected by the members present at the meeting presides at the meeting.

A decision supported by a majority of the votes cast at a Committee meeting at which a quorum is present is the decision of the Committee.

If there is an equality of votes at a Committee meeting, the member presiding at the meeting also has a casting vote.

A Committee must make the following information publicly available in the form of a written report—

general details of the services assessed and evaluated by the Committee during the period to which the report relates,

any action taken (described in general terms) as a result of the assessment and evaluation referred to in paragraph (a).

The report—

must be in a form determined by the Committee, and

may be in the same form as the report provided to the Minister under clause 11.

The report must be made at least annually or more often if the Committee so determines.

The report must be available for public inspection free of charge during normal business hours at the official address of the prescribed establishment that established the Committee.

A Committee must, on or before 1 September in each year, furnish a report to the Minister of the Committee’s activities during the year ending on the preceding 30 June.

The Minister may ask the Committee to report at more frequent intervals.

A report furnished to the Minister must include the following information—

the information required under clause 10(1),

a statement indicating whether or not—

the requirements of clause 10 have been satisfied by making the information required under clause 10(1) publicly available in the form of a written report, and

the relevant experience of the members of the Committee is appropriate to the services assessed and evaluated by the Committee, and

the exercise of the functions of the Committee has been and will continue to be facilitated by the provision of immunities and protections afforded by Division 6B of Part 2 of the Act, and

it has been, and will continue to be, in the public interest to restrict the disclosure of information compiled by the Committee in the course of the exercise of the Committee’s functions.

At the completion of an assessment and evaluation of a service, a Committee must submit a report to—

the prescribed establishment that provided the service, and

the prescribed establishment that established the Committee.

The report must include the following information—

a description of the service assessed and evaluated,

the general findings of the Committee,

any specific recommendations made by the Committee, including details of how a recommendation is to be implemented if adopted.

If a prescribed establishment adopts a recommendation made by the Committee in a report with respect to a particular service, the Committee must—

monitor the implementation of the recommendation, and

report to both prescribed establishments on the progress and outcome of the implementation.