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Norfolk Island Health and Residential Aged Care Service Act 1985 (NI)

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Act No. 29, 1986
Act Applied Law as amended, incorporating amendments up to Norfolk Island Continued Laws Ordinance 2015 (No. 2, 2015)
This is an Act of the previous Norfolk Island Legislative Assembly that was continued in force under s16 and 16A of the Norfolk Island Act 1979.
Administered by: Infrastructure, Transport, Cities and Regional Development
Registered 01 Jun 2017
Start Date 24 May 2017

 

NORFOLK                            ISLAND

 

Norfolk Island Health and Residential Aged Care Service Act 1985

No. 29, 1986

Compilation No. 3

Compilation date:                              24 May 2017

Includes amendments up to:             Norfolk Island Continued Laws Ordinance 2015 (No. 2, 2015)

 

 

 

 

 

 

 

 

 


NORFOLK                            ISLAND

 

 

NORFOLK ISLAND HEALTH AND RESIDENTIAL AGED CARE SERVICE ACT 1985

 

TABLE OF PROVISIONS

 

PART 1  —  PRELIMINARY

         1.      Short title

         2.      Commencement

         4.      Definitions

         5.      Norfolk Island Health and Residential Aged Care Service Facility

PART 2  —  NORFOLK ISLAND HEALTH AND RESIDENTIAL AGED CARE SERVICE

         6.      Norfolk Island Health and Residential Aged Care Service

         7.      Functions of the Norfolk Island Health and Residential Aged Care Service

         8.      Principles to be adhered to by Norfolk Island Health and Residential Aged Care Service

         9.      Minister may notify Norfolk Island Health and Residential Aged Care Service of policy and give directions

PART 4  —  MANAGEMENT OF NORFOLK ISLAND HEALTH AND RESIDENTIAL AGED CARE SERVICE

       19.      Manager of Norfolk Island Health and Residential Aged Care Service

       20.      Duties of Manager

       21.      Powers of Manager

PART 7  —  MISCELLANEOUS

       48.      Delegation

 


 

NORFOLK                            ISLAND

 

 

Norfolk Island Health and Residential Aged Care Service Act 1985

 

An Act to provide for the management of the Norfolk Island Health and Residential Aged Care Service, and for related purposes

 

PART 1  —  PRELIMINARY

Short title

      1.         This Act may be cited as the Norfolk Island Health and Residential Aged Care Service Act 1985.

Commencement

      2.         This Act shall commence on a date fixed by the Administrator by notice published in the Gazette.

Definitions

      4.         In this Act:

Manager means the Manager of the Norfolk Island Health and Residential Aged Care Service appointed under section 19.

Norfolk Island Health and Residential Aged Care Service means the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1).

Norfolk Island Health and Residential Aged Care Service Facility means the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5.

Norfolk Island Health and Residential Aged Care Service Facility

      5.         The body known immediately before the commencement of this section as the Norfolk Island Hospital is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service Facility.

 


PART 2  —  NORFOLK ISLAND HEALTH AND RESIDENTIAL AGED CARE SERVICE

Norfolk Island Health and Residential Aged Care Service

      6.         (1)        The body known immediately before the commencement of this subsection as the Norfolk Island Hospital Enterprise is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service.

                  (2)        The Norfolk Island Health and Residential Aged Care Service

(a)        is a body corporate with perpetual succession;

(b)        has a seal; and

(c)        subject to this Act, is capable, in its corporate name, of —

(i)         suing and being sued;

(ii)        making contracts;

(iii)       acquiring, holding and disposing of real and personal property; and

(iv)       doing and suffering all other matters and things a body corporate may do or suffer.

                  (3)        All Courts, Judges and persons acting judicially must take judicial notice of the imprint of the seal of the Norfolk Island Health and Residential Aged Care Service appearing on a document and must presume that the document was duly sealed.

                  (4)        The Norfolk Island Health and Residential Aged Care Service is an instrumentality of the Crown in right of Norfolk Island.

Functions of the Norfolk Island Health and Residential Aged Care Service

      7.         The functions of the Norfolk Island Health and Residential Aged Care Service are —

(a)        to control, administer and manage the Norfolk Island Health and Residential Aged Care Service Facility; and

(b)        to ensure the efficient and effective delivery of health services to the Norfolk Island community; and

(c)        to strive to maintain and improve the health of persons in the Norfolk Island community; and

(d)       to plan for the long-term development of the delivery of health services to the Norfolk Island community; and

(e)        such other functions as are determined, by legislative instrument, by the Commonwealth Minister.

Principles to be adhered to by Norfolk Island Health and Residential Aged Care Service

      8.         In performing its functions, the Norfolk Island Health and Residential Aged Care Service must, so far as is practicable, comply with —

(b)        any policies of the Government notified by the Minister under subsection 9(1); and

(c)        any directions given by the Minister under subsection 9(2); and

(d)       a performance agreement entered into by the Service.

Minister may notify Norfolk Island Health and Residential Aged Care Service of policy and give directions

      9.         (1)        The Minister may notify the Norfolk Island Health and Residential Aged Care Service of general policies of the Government that are to apply in relation to the Norfolk Island Health and Residential Aged Care Service.

                  (2)        The Minister may give written directions to the Norfolk Island Health and Residential Aged Care Service in relation to the performance of its functions and the exercise of its powers.

PART 4  —  MANAGEMENT OF NORFOLK ISLAND HEALTH AND RESIDENTIAL AGED CARE SERVICE

Manager of Norfolk Island Health and Residential Aged Care Service

      19.       (1)        There is to be a Manager of the Norfolk Island Health and Residential Aged Care Service.

      (2)        The Manager is to be appointed by the Commonwealth Minister by written instrument.

Note:          For reappointment, see section 33AA of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).

      (3)        The Manager holds office for the period specified in the instrument of appointment.

      (4)        The Manager holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Commonwealth Minister.

      (5)        The Commonwealth Minister may, by written instrument, appoint a person to act as the Manager:

(a)        during a vacancy in the office of the Manager (whether or not an appointment has previously been made to the office); or

(b)        during any period, or during all periods, when the Manager:

(i)         is absent from duty or from Norfolk Island; or

(ii)        is, for any reason, unable to perform the duties of the office.

Note:          For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).

Duties of Manager

      20.       (1)        The Manager is responsible for the management of the Norfolk Island Health and Residential Aged Care Service having regard to the principles in section 8, and must maintain the confidentiality necessary to protect the interests of the Service in respect of the following:

(a)        internal management issues;

(b)        industrial relations matters;

(c)        commercial transactions;

(d)       dealings with individual members of the public;

(e)        all matters affecting the interests of the Service.

                  (2)        In the performance of his or her duties, the Manager shall regularly report to the Commonwealth Minister and must keep the Commonwealth Minister fully informed about the operations of the Norfolk Island Health and Residential Aged Care Service.

21  Powers of Manager

      21.       (1)        In addition to exercising powers or performing duties expressly conferred or imposed on him or her by this Act, the Manager, in the name of the Norfolk Island Health and Residential Aged Care Service:

(a)        may exercise any powers that are by this Act expressed to be conferred on the Service; and

(b)        must perform any duties that are by this Act expressed to be imposed on the Service.

                  (2)        The Manager may employ persons for the purposes of the Norfolk Island Health and Residential Aged Care Service on the terms and conditions that the Manager determines in writing.

PART 4A  —  PROFESSIONAL STAFF

Medical Superintendent

      23A.    (1)        The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) as the Medical Superintendent.

Acting appointments

                  (2)        The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) to act as the Medical Superintendent:

(a)        during a vacancy in the office of the Medical Superintendent (whether or not an appointment has previously been made to the office); or

(b)        during any period, or during all periods, when the Medical Superintendent:

(i)         is absent from duty or from Norfolk Island; or

(ii)        is, for any reason, unable to perform the duties of the office.

Note:          For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).

PART 7  —  MISCELLANEOUS

Delegation

      48.       (1)        The Minister may, in writing, delegate to a person any of the Minister’s powers or functions under this Act, other than this power of delegation.

                  (2)        A power or function so delegated, when exercised or performed by the delegate, is, for the purposes of this Act, to be taken to have been exercised or performed by the Minister.

                  (3)        Such a delegation does not prevent the exercise of a power or the performance of a function by the Minister.

NOTES

The Norfolk Island Health and Residential Aged Care Service Act 1985 as shown in this consolidation comprises Act No. 29 of 1986 and amendments as indicated in the Tables below.

Enactment

Number and year

Date of commencement

Application saving or transitional provision

Norfolk Island Hospital Act 1985

29, 1986

11.12.86

 

 

 

 

 

Norfolk Island Hospital Amendment Act 1989

26, 1989

1.3.90

15

 

 

 

 

Norfolk Island Hospital Amendment Act 1992

11, 1992

5.11.92

 

 

 

 

 

Norfolk Island Hospital Amendment Act 1993

3, 1993

31.5.93

 

 

 

 

 

Norfolk Island Hospital Amendment Act 1995

3, 1995

27.4.95

26

 

 

 

 

Norfolk Island Hospital Amendment Act 1996

30, 1996

28.11.96

5

 

 

 

 

[Previously consolidated as at 27 February 2003]

 

 

 

 

Norfolk Island Hospital Amendment Act 2003

15, 2003

1.8.03

26

 

 

 

 

[Previously consolidated as at 15 August 2003]

 

 

 

 

Norfolk Island Hospital Amendment (No. 2) Act 2003

20, 2003

24.12.03

 

NB - Norfolk Island Hospital Bylaws 1987 are repealed by subsection 8(6) of the Healthcare (Consequential Amendments and Transitional Provisions) Act 1993 (Act No. 5 of 1993.)

[Previously consolidated as at 4 March 2004]

 

 

 

 

Norfolk Island Hospital (Amendment) Act 2005

4, 2005

24.3.05

 

 

 

 

 

Healthcare (Medical Evacuation Fund) Amendment Act 2006

14, 2006

26.5.06

 

 

 

 

 

[Previously consolidated as at 12 July 2006]

 

 

 

 

Interpretation (Amendment) Act 2012

[to substitute throughout — Commonwealth Minister for Minister; and executive member for Minister]

14, 2012

28.12.2012

 

 

 

 

 

Norfolk Island Hospital (Amendment) Act 2012

2, 2013

18.1.2013

 

 

 

 

 

[Previously consolidated as at 20 January 2013]

 

 

 

 

 

 

Ordinance

Registration

Commencement

Application, saving and transitional provision

Norfolk Island Continued Laws Amendment Ordinance 2015
(No. 2, 2015)
(now cited as Norfolk Island Continued Laws Ordinance 2015 (see F2015L01491))

17 June 2015 (F2015L00835)

Sch 1 (items 207–209, 344, 345): 18 June 2015 (s 2(1) item 1)

Sch 1 (items 344, 345)

Sch 1 (items 354, 355) (F2016C00751)

as amended by

 

 

 

Norfolk Island Continued Laws Amendment (2016 Measures No. 2) Ordinance 2016
(No. 5, 2016)

10 May 2016 (F2016L00751)

Sch 2 (items 2, 3): 1 July 2016 (s 2(1) item 2)

Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017
(No. 2, 2017)

23 May 2017 (F2017L00581)

Sch 1 (items 10, 11): 24 May 2017 (s 2(1) item 5)

 

Table of Amendments

 

ad = added or inserted

am = amended

rep = repealed

rs = repealed and substituted

Provisions affected

How affected

Title

am

Ord No 2, 2015 (as am by Ord No 5, 2016)

1

am

Ord No 2, 2015 (as am by Ord No 5, 2016)

3

rep

3, 1993

4

rs

3, 1993; 3, 1995

 

am

15, 2003; 14, 2006; Ord No 2, 2015

 

rs

Ord No 2, 2015 (as am by Ord No 5, 2016)

5

am

3, 1993

 

rs

Ord No 2, 2015 (as am by Ord No 5, 2016)

Part 2 heading

am

Ord No 2, 2015 (as am by Ord No 5, 2016)

6

rs

3, 1993

 

am

Ord No 2, 2015 (as am by Ord No 5, 2016)

7

rs

3, 1993

 

am

Ord No 2, 2015 (as am by Ord No 5, 2016)

8

rs

3, 1993

 

am

3, 1995; 15, 2003; Ord No 2, 2015 (as am by Ord No 5, 2016)

9

rs

3, 1993; 3, 1995

 

am

15, 2003; Ord No 2, 2015 (as am by Ord No 5, 2016)

Part 3

rep

Ord No 2, 2015 (as am by Ord No 5, 2016)

Part 3 heading

am

15, 2003

 

rep

Ord No 2, 2015 (as am by Ord No 5, 2016)

10

rs

3, 1993; 3, 1995; 15, 2003

 

rep

Ord No 2, 2015 (as am by Ord No 5, 2016)

11

rs

3, 1993; 3, 1995

 

am

15, 2003

 

rep

Ord No 2, 2015 (as am by Ord No 5, 2016)

12

rs

3, 1993; 3, 1995

 

am

15, 2003; 2, 2013

 

rep

Ord No 2, 2015 (as am by Ord No 5, 2016)

12A

ad

20, 2003

 

rep

Ord No 2, 2015 (as am by Ord No 5, 2016)

13

rs

3, 1993; 3, 1995

 

rep

Ord No 2, 2015 (as am by Ord No 5, 2016)

14

rs

3, 1993; 3, 1995

 

rep

Ord No 2, 2015 (as am by Ord No 5, 2016)

15

rs

3, 1993; 3, 1995

 

am

15, 2003

 

rep

Ord No 2, 2015 (as am by Ord No 5, 2016)

16

rs

3, 1993; 3, 1995;

 

am

15, 2003

 

rep

Ord No 2, 2015 (as am by Ord No 5, 2016)

17

rs

3, 1993; 3, 1995

 

am

15, 2003

 

rep

Ord No 2, 2015 (as am by Ord No 5, 2016)

18

rs

3, 1993; 3, 1995

 

am

15, 2003; 2, 2013

 

rep

Ord No 2, 2015 (as am by Ord No 5, 2016)

18A

ad

3, 1995

 

am

15, 2003

 

rep

20, 2003

18B

ad

3, 1995

 

am

15, 2003

 

rep

Ord No 2, 2015 (as am by Ord No 5, 2016)

Part 4 heading

am

Ord No 2, 2015 (as am by Ord No 5, 2016)

19

rs

3, 1993

 

am

3, 1995; 15, 2003

 

rs

Ord No 2, 2015 (as am by Ord No 5, 2016)

 

am

Ord No 2, 2015 (as am by Ord No 2, 2017)

19A

ad

3, 1995

 

am

15, 2003

 

rep

Ord No 2, 2015 (as am by Ord No 5, 2016)

19B

ad

3, 1995

 

am

15, 2003

 

rep

Ord No 2, 2015 (as am by Ord No 5, 2016)

20

rs

3, 1993; 3, 1995; 15, 2003

 

am

Ord No 2, 2015 (as am by Ord No 5, 2016)

21

rs

3, 1993

 

am

15, 2003

 

rs

Ord No 2, 2015 (as am by Ord No 5, 2016)

22

rs

3, 1993

 

am

3, 1995; 15, 2003

 

rep

Ord No 2, 2015 (as am by Ord No 5, 2016)

23

ad

3, 1993

 

am

3, 1995

 

rep

Ord No 2, 2015 (as am by Ord No 5, 2016)

Part 4A

rep

Ord No 2, 2015 (as am by Ord No 5, 2016)

 

ad

Ord No 2, 2015 (as am by Ord No 2, 2017)

23A

ad

3, 1995

 

rs

15, 2003;

 

rep

Ord No 2, 2015 (as am by Ord No 5, 2016)

 

ad

Ord No 2, 2015 (as am by Ord No 2, 2017)

23B

ad

3, 1995

 

am

15, 2003

 

am

15, 2003

 

rep

Ord No 2, 2015 (as am by Ord No 5, 2016)

23C

ad

3, 1995

 

am

15, 2003

 

rep

Ord No 2, 2015 (as am by Ord No 5, 2016)

23D

ad

15, 2003

 

rep

Ord No 2, 2015 (as am by Ord No 5, 2016)

Part 5

rep

Ord No 2, 2015 (as am by Ord No 5, 2016)

24

ad

3, 1993

 

am

3, 1995; 30, 1996; 15, 2003

 

rep

Ord No 2, 2015 (as am by Ord No 5, 2016)

25

ad

3, 1993

 

rep

Ord No 2, 2015 (as am by Ord No 5, 2016)

26

ad

3, 1993

 

am

2, 2013

 

rep

Ord No 2, 2015 (as am by Ord No 5, 2016)

27

ad

3, 1993

 

am

14, 2006

 

rep

Ord No 2, 2015 (as am by Ord No 5, 2016)

28

ad

3, 1993

 

am

14, 2006

 

rep

Ord No 2, 2015 (as am by Ord No 5, 2016)

29

ad

3, 1993

 

rep

Ord No 2, 2015 (as am by Ord No 5, 2016)

Part 6

rep

Ord No 2, 2015 (as am by Ord No 5, 2016)

29A

ad

3, 1995

 

rep

Ord No 2, 2015 (as am by Ord No 5, 2016)

30

ad

3, 1993

 

rep

Ord No 2, 2015 (as am by Ord No 5, 2016)

31

ad

3, 1993

 

am

3, 1995; 15, 2003

 

rep

Ord No 2, 2015 (as am by Ord No 5, 2016)

32

ad

3, 1993

 

rep

Ord No 2, 2015 (as am by Ord No 5, 2016)

33

ad

3, 1993

 

rep

Ord No 2, 2015 (as am by Ord No 5, 2016)

34

rs

3, 1993

 

am

3, 1995; 15, 2003

 

rep

Ord No 2, 2015 (as am by Ord No 5, 2016)

35

rs

3, 1993

 

rep

Ord No 2, 2015 (as am by Ord No 5, 2016)

36

ad

3, 1993

 

am

3, 1995; 15, 2003

 

rep

Ord No 2, 2015 (as am by Ord No 5, 2016)

37

ad

3, 1993

 

am

3, 1995

 

rep

Ord No 2, 2015 (as am by Ord No 5, 2016)

38

ad

3, 1993

 

am

3, 1995; 15, 2003; 4, 2005

 

rep

Ord No 2, 2015 (as am by Ord No 5, 2016)

39

ad

3, 1993

 

rep

3, 1995

40

ad

3, 1993

 

rep

Ord No 2, 2015 (as am by Ord No 5, 2016)

41

ad

3, 1993

 

rs

3, 1995

 

rep

Ord No 2, 2015 (as am by Ord No 5, 2016)

41A

ad

3, 1995

 

am

15, 2003

 

rep

Ord No 2, 2015 (as am by Ord No 5, 2016)

41B

ad

3, 1995

 

am

15, 2003

 

rep

Ord No 2, 2015 (as am by Ord No 5, 2016)

42

ad

3, 1993

 

rep

Ord No 2, 2015 (as am by Ord No 5, 2016)

43

ad

3, 1993

 

rep

Ord No 2, 2015 (as am by Ord No 5, 2016)

44

ad

3, 1993

 

am

3, 1995; 15, 2003

 

rep

Ord No 2, 2015 (as am by Ord No 5, 2016)

45

ad

3, 1993

 

am

3, 1995

 

rs

15, 2003

 

rep

Ord No 2, 2015 (as am by Ord No 5, 2016)

45A

ad

15, 2003

 

am

2, 2013

 

rep

Ord No 2, 2015 (as am by Ord No 5, 2016)

46

ad

3, 1993

 

am

15, 2003

 

rep

Ord No 2, 2015 (as am by Ord No 5, 2016)

46A

ad

15, 2003

 

rep

Ord No 2, 2015 (as am by Ord No 5, 2016)

47

ad

3, 1993

 

am

3, 1995; 15, 2003; Ord No 2, 2015

 

rep

Ord No 2, 2015 (as am by Ord No 5, 2016)

48

ad

3, 1993

49

ad

3, 1993

 

rep

3, 1995

50

ad

3, 1993

 

am

3, 1995

 

rep

Ord No 2, 2015 (as am by Ord No 5, 2016)