Legislative amendments affecting the health sector

  • 26 Feb 2018
On 14 February 2018 the Health Legislation Amendment Bill 2018 (https://www.legislation.nsw.gov.au/bills/2994c40b-79ef-46a5-b38f-74a427979fe2) was passed by both House of Parliament.
The objects of this Bill are stated to be as follows:
  1. to amend the Health Administration Act 1982 to establish new procedures for dealing with reportable incidents and other incidents and to make a consequential amendment to the Government Information (Public Access) Act 2009 to protect information arising from reviews of those incidents,
  2. to amend the Health Services Act 1997 to change the name of the Ambulance Services Advisory Council to the Ambulance Service Advisory Board, to require the Secretary of the Ministry of Health (the Health Secretary) (instead of the Minister for Health) to appoint persons to the Board, to provide that local health district boards must not exercise functions inconsistently with the exercise of functions by the Health Secretary and to provide that the employment of a NSW Health Service senior executive may not be terminated without the concurrence of the Health Secretary,
  3. to amend the Human Tissue Act 1983 to enable persons (other than medical practitioners) appointed by the Health Secretary to remove tissue from the body of deceased persons,
  4. to amend the Mental Health Act 2007 to enable the Mental Health Review Tribunal to hear reviews and electro convulsive therapy inquiries in the absence of a patient or person in certain circumstances if the patient or person refuses to attend or is too unwell to attend,
  5. to amend the Mental Health (Forensic Provisions) Act 1990 to require regular reviews by the Mental Health Review Tribunal of persons (other than forensic patients) who are subject to community treatment orders and who are detained in correctional centres and to provide for the apprehension of forensic patients and correctional patients who breach conditions of leave from mental health facilities,
  6. to amend the Government Sector Employment Act 2013 to clarify that the Health Secretary may terminate the employment of a health executive for unsatisfactory performance.
The amendments set out in 1, 4 and 5 will commence on a day to be appointed by proclamation whereas the amendments set out in 2, 3 and 6 above take effect from 14 February 2018.

Post by Karen Kumar 

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