Health Services Act 1997

Power to make model by-laws The relevant authority may make model by-laws, not inconsistent with this Act or the regulations, for or with respect to the following—

the management of any public hospital, health institution, health service or health support service under the control of a statutory health corporation,

the provision of health services to patients of any public hospital or health institution under the control of a statutory health corporation and to other persons,

the appointment, control and governance of visiting practitioners in connection with public hospitals, health institutions and health services under the control of a statutory health corporation, including the conditions subject to which visiting practitioners may perform work at or in relation to any such hospital, institution or service,

regulating or prohibiting smoking at any public hospital, health institution or health service under the control of a statutory health corporation, including by designating an area as a smoke-free area for the purposes of section 6A (Smoke-free areas—outdoor public places) of the Smoke-free Environment Act 2000,

the custody and use of the seal of a statutory health corporation,

the keeping of records concerning the acts and decisions of a statutory health corporation,

in the case of a board governed health corporation—

the keeping of records concerning the acts and decisions of the board, and

the procedure for the calling of meetings of the board and for the conduct of business at those meetings,

the appointment and functions of the councils and committees of a statutory health corporation.

Publication of model by-laws The relevant authority may publish an order on the NSW legislation website setting out the terms of model by-laws.

Adoption of model by-laws A statutory health corporation may make by-laws that adopt the provisions of the model by-laws as published on the NSW legislation website with such additions, omissions or other modifications (if any) as may be made by it in accordance with this section.

Modification to, and omission of, provisions of model by-laws A statutory health corporation may make modifications to, or omit, a provision of the model by-laws only with the approval of the relevant authority.

Additional by-laws for specialty network governed health corporation A statutory health corporation that is a specialty network governed health corporation may make additional by-laws in relation to matters specified in subsection (1) but not covered by the model by-laws provided the additional by-laws are not inconsistent with the model by-laws. A copy of any such additional by-laws are to be provided to the relevant authority within 30 days of the making of the by-laws.

Precondition for making of certain by-laws A model by-law or by-law may not be made for or with respect to any matter referred to in subsection (1)(c) unless the relevant authority or specialty network governed health corporation (as the case requires) has received advice from the Medical Services Committee in relation to the substance of the model by-law or by-law proposed to be made.

Exception to precondition Subsection (6) does not apply to a model by-law or by-law if the Medical Services Committee does not furnish advice to the relevant authority or specialty network governed health corporation (as the case requires) in relation to the relevant model by-law or by-law—

within 30 days after a notice from the relevant authority or specialty network governed health corporation requesting such advice has been served on the Committee, or

within such further period as the relevant authority or specialty network governed health corporation may specify in the notice or in another notice served on the Committee.

What by-laws may provide for A provision of a model by-law or by-law may do any one or any combination of the following—

apply generally or be limited in its application by reference to specified exceptions or factors,

apply differently according to different factors of a specified kind,

authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body.

Power to amend or repeal by-laws A power to make model by-laws or by-laws includes the power to amend or repeal any model by-law or by-law made in the exercise of that power.

Judicial notice Judicial notice is to be taken of a by-law authenticated by the seal of the statutory health corporation concerned or in accordance with section 135. It is to be presumed, in the absence of evidence to the contrary, that all conditions and preliminary steps precedent to the making of the by-law have been complied with and performed.

In this section, relevant authority means—

in relation to a board governed health corporation, the Minister, and

in relation to a chief executive governed health corporation or specialty network governed health corporation, the Health Secretary.