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 4A — PROFESSIONAL STAFF 23A. Medical Superintendent 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 14, 2012 28.12.2012 [to substitute throughout — Commonwealth Minister for Minister; and executive member for Minister] 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 17 June 2015 (F2015L00835) Sch 1 (items 207–209, 344, 345): 18 June 2015 (s 2(1) item 1) Sch 1 (items 344, 345) (No. 2, 2015) Sch 1 (items 354, 355) (F2016C00751) (now cited as Norfolk Island Continued Laws Ordinance 2015 (see F2015L01491)) as amended by Norfolk Island Continued Laws Amendment (2016 Measures No. 2) Ordinance 2016 10 May 2016 (F2016L00751) Sch 2 (items 2, 3): 1 July 2016 (s 2(1) item 2) — (No. 5, 2016) Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017 23 May 2017 (F2017L00581) Sch 1 (items 10, 11): 24 May 2017 (s 2(1) item 5) — (No. 2, 2017) 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)