Victorian Bills Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Clause Page
Health Acts (Further Amendment) Act 1996
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
PART 2--CANCER ACT 1958 3
3. Principal Act 3
4. Amendment of section 10 3
5. Amendment of section 11(2) 3
6. Section 11A inserted 3
11A. Section 11 report additional to Financial Management
Act 3
7. Statute law revision 4
PART 3--DRUGS, POISONS AND CONTROLLED SUBSTANCES
ACT 1981 5
8. Principal Act 5
9. Amendment of definition 5
10. Amendment of section 12E 5
11. Section 12F(3) repealed 5
12. Amendment of section 12I 5
13. Amendments to the Poisons Advisory Committee 6
15. Establishment and membership of Poisons Advisory
Committee 6
15A. Terms and conditions of appointment 7
15B. Resignation and removal 7
15C. Vacancies 8
15D. Quorum and proceedings 8
15E. Co-opted members 8
16. Sub-committees 9
17. Functions of the Committee 10
14. Section 18 amended 10
15. Statute law revision 10
PART 4--PHARMACISTS ACT 1974 12
16. Persons who may and may not own pharmacies 12
i
531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96
Clause Page
PART 5--CEMETERIES ACT 1958 13
17. Statute law revision 13
1. Short title 13
PART 6--HEALTH SERVICES ACT 1988 14
18. Principal Act 14
19. Amendment of definitions 14
20. Designated public hospital 16
21. Amendment of Schedules 16
22. Medicare Principles and Commitments 17
23. New section 17AB inserted 17
17AB. Definition 17
24. Case mix funding 17
25. Application of Division 2 of Part 3 17
26. Payment of remuneration 18
27. New Division 7 inserted in Part 3 of Principal Act 18
Division 7--Transitional Management Agreements 18
52. Definitions 18
53. Minister may enter into transitional management
agreements 19
54. Matters to be included in agreement 19
55. Appointment of administrator 21
56. Consequences of agreement 22
57. Right of intervention in management 23
57A. Re-establishment of board of management 24
57B. Closure 25
28. New Part 3A inserted in Principal Act 25
PART 3A--PUBLIC HOSPITAL PATIENT SERVICES
AGREEMENTS 25
Division 1--Definitions 25
69A. Definitions 25
Division 2--Agreements 25
69B. Minister may enter into public hospital patient services
agreements 26
69C. Matters that may be included in agreement 27
69D. Agreement to run with land 29
69E. Rights of access 30
69F. Right of intervention in management 31
69G. Application of FOI Act 33
69H. Investigation of administrative actions 34
29. Insertion of penalties 35
ii
531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96
Clause Page
30. Multi purpose services 35
31. New section 116A inserted 35
116A. Definition 35
32. Payment of fees 35
33. Confidentiality 36
34. Section 152A inserted 36
152A. Offences by bodies corporate etc 36
35. New section 157E inserted 36
157E. Supreme Court--limitation of jurisdiction 36
36. New Schedule 4 inserted 36
PART 7--MENTAL HEALTH ACT 1986 37
37. Amendment of definition 37
NOTES 38
iii
531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96
A BILL
to amend the Cancer Act 1958, the Drugs, Poisons and Controlled
Substances Act 1981, the Pharmacists Act 1974, the Cemeteries
Act 1958, the Health Services Act 1988 and the Mental Health Act
1986 and for other purposes.
Health Acts (Further Amendment) Act
1996
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is to amend the Cancer
Act 1958, the Drugs, Poisons and Controlled
5 Substances Act 1981, the Pharmacists Act 1974,
the Cemeteries Act 1958, the Health Services
Act 1988 and the Mental Health Act 1986.
1
531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96
Health Acts (Further Amendment) Act 1996
s. 2
Act No.
2. Commencement
(1) Parts 1, 3, 4, 6 and 7 come into operation on the
day on which this Act receives the Royal Assent.
(2) Part 5 is deemed to have come into operation on
5 16 May 1995.
(3) Part 2 comes into operation on 31 December
1996.
_______________
2
531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96
Health Acts (Further Amendment) Act 1996
s. 3
Act No.
PART 2--CANCER ACT 1958
No. 6213. 3. Principal Act
Reprinted to
No. 23/1989
In this Part, the Cancer Act 1958 is called the
and
Principal Act.
subsequently
amended by
No. 23/1994.
5 4. Amendment of section 10
(1) In section 10(1) of the Principal Act, for
"October" substitute "April".
(2) In section 10(2)(b)(ii) of the Principal Act, for
"twelve months" substitute "financial year".
10 (3) After section 10(3) of the Principal Act insert--
"(4) For the purposes of this Act and the
Financial Management Act 1994, the
financial year of the council is the period 1
January to 31 December.".
15 5. Amendment of section 11(2)
In section 11(2) of the Principal Act omit
"together with the full account of the receipts and
expenditure and of the funds investments and
properties of the council and the audited balance-
20 sheet submitted to the council at such annual
meeting".
6. Section 11A inserted
After section 11 of the Principal Act insert--
"11A. Section 11 report additional to Financial
25 Management Act
The general report required to be prepared
under this Act and tabled in accordance with
section 11 is in addition to any report or
financial statement required under the
30 Financial Management Act 1994.".
3
531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96
Health Acts (Further Amendment) Act 1996
s. 7
Act No.
7. Statute law revision
In section 16(2)(b) of the Principal Act, for "and
the nomination" substitute "on the nomination".
_______________
5
4
531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96
Health Acts (Further Amendment) Act 1996
s. 8
Act No.
PART 3--DRUGS, POISONS AND CONTROLLED
SUBSTANCES ACT 1981
No. 9719. 8. Principal Act
Reprinted to
No. 52/1994
In this Part, the Drugs, Poisons and Controlled
and
5 Substances Act 1981 is called the Principal Act.
subsequently
amended by
No. 66/1995.
9. Amendment of definition
In section 4(1) of the Principal Act, in the
definition of "Poisons Code" for "and in force for
the time being" substitute "or substituted and in
10 force from time to time".
10. Amendment of section 12E
(1) In section 12E of the Principal Act, after sub-
section (1) insert--
"(1A) To ensure consistency with the
15 Commonwealth standard, the Minister may
at any time--
(a) amend the Poisons Code; or
(b) revoke and substitute the Poisons
Code.".
20 (2) In section 12E(2) of the Principal Act, after
"amendment to" insert "or revocation and
substitution of".
11. Section 12F(3) repealed
Section 12F(3) of the Principal Act is repealed.
25 12. Amendment of section 12I
In section 12I(2)(a) of the Principal Act, for "and
in force for the time being" substitute "or
substituted and in force from time to time".
5
531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96
Health Acts (Further Amendment) Act 1996
s. 13
Act No.
13. Amendments to the Poisons Advisory Committee
For sections 15 to 17 of the Principal Act
substitute--
"15. Establishment and membership of Poisons
5 Advisory Committee
(1) There is established a committee to be called
the "Poisons Advisory Committee".
(2) The Committee consists of up to 9 members
appointed by the Minister of whom--
10 (a) one is to be the Chief General Manager
or his or her nominee who is also to be
the chairperson;
(b) 2 are to be registered medical
practitioners of whom--
15 (i) one must have expertise in clinical
pharmacology; and
(ii) one must have expertise in the
treatment of drug dependence;
(c) 2 are to be pharmacists of whom--
20 (i) one must have expertise in
community pharmacy; and
(ii) one must have expertise in
hospital pharmacy;
(d) 2 are to be persons with expertise in the
25 pharmaceutical industry of whom--
(i) one is to be from the
manufacturing sector of that
industry; and
(ii) one is to be from the wholesaling
30 sector of that industry;
6
531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96
Health Acts (Further Amendment) Act 1996
s. 13
Act No.
(e) one is to be a person with expertise in
the manufacturing and distribution of
poisons for non-therapeutic use;
(f) one is to be the nominee of the Chief
5 Commissioner of Police.
(3) If the Chief Commissioner of Police fails to
nominate a person under sub-section (2)(f)
within 1 month of receiving a request in
writing from the Minister to do so, the
10 Minister may appoint a person the Minister
considers suitable to that office.
15A. Terms and conditions of appointment
(1) A member of the Committee holds office for
a period not exceeding 3 years and is eligible
15 for reappointment.
(2) The instrument of appointment of a member
of the Committee may specify terms and
conditions of appointment.
(3) A member of the Committee, other than a
20 member who is an officer or employee of the
public service, is entitled to receive the fees,
travelling and other allowances from time to
time fixed by the Minister in respect of that
member.
25 (4) The Public Sector Management Act 1992
(except Part 9 or in accordance with Part 8)
does not apply to a member of the
Committee in respect of the office of
member.
30 15B. Resignation and removal
(1) A member of the Committee may resign that
office by writing signed by the member and
addressed to the Minister.
7
531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96
Health Acts (Further Amendment) Act 1996
s. 13
Act No.
(2) The Minister may at any time remove a
member of the Committee from office.
15C. Vacancies
(1) The Minister may fill a vacancy in the office
5 of member of the Committee however
arising.
(2) An act or decision of the Committee is not
invalid only because of--
(a) a vacancy in its membership; or
10 (b) a defect or irregularity in the
appointment of any of its members.
15D. Quorum and proceedings
(1) A quorum of the Committee consists of at
least 5 members other than co-opted
15 members of the Committee.
(2) The chairperson must preside at a meeting of
the Committee at which he or she is present.
(3) If the chairperson is not present at a meeting,
the members present may elect a member to
20 preside at the meeting.
(4) The person presiding at a meeting has a
deliberative vote and, in the case of an
equality of votes, a second or casting vote.
(5) The Committee must meet at least 3 times
25 each year at the places and times appointed
by the Minister or the chairperson.
(6) Subject to this Act, the Committee may
regulate its own proceedings.
15E. Co-opted members
30 (1) To assist in the consideration of a particular
matter or issue, the Committee may co-opt
any person as a member of the Committee.
8
531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96
Health Acts (Further Amendment) Act 1996
s. 13
Act No.
(2) A person co-opted under this section--
(a) may only attend meetings relating to
and vote on the matters or issues in
relation to which he or she is co-opted;
5 and
(b) may be removed at any time by the
Committee.
(3) A person co-opted as a member of the
Committee other than a person who is an
10 officer or employee of the public service, is
entitled to receive the fees, travelling and
other allowances from time to time fixed by
the Minister.
16. Sub-committees
15 (1) The Committee may establish any sub-
committees that it thinks necessary for the
purposes of this Act.
(2) The Committee may co-opt any person with
expertise in any relevant field for the
20 purposes of a sub-committee.
(3) A person co-opted under this section--
(a) may only attend meetings relating to
and vote on the matters or issues in
relation to which he or she is co-opted;
25 and
(b) may be removed at any time by the
Committee.
(4) A person co-opted to a sub-committee other
than a person who is an officer or employee
30 of the public service, is entitled to receive
the fees, travelling and other allowances
from time to time fixed by the Minister.
9
531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96
Health Acts (Further Amendment) Act 1996
s. 14
Act No.
17. Functions of the Committee
(1) The functions of the Committee are--
(a) to advise the Minister and the Chief
General Manager, having regard to the
5 interests of protecting and promoting
public health, on--
(i) the availability and presentation of
drugs and poisons; and
(ii) responses to issues relating to
10 drugs and poisons; and
(b) to advise the Minister or the Chief
General Manager on any matter
referred to the Committee by the
Minister or the Chief General Manager,
15 as the case may be.
(2) The Committee must consult with a nominee
of the Minister administering the
Agricultural and Veterinary Chemicals
(Control of Use) Act 1992 on any issue
20 relating to agricultural and veterinary
chemicals.".
14. Section 18 amended
In section 18 of the Principal Act, for "Public
Service Act 1974" substitute "Public Sector
25 Management Act 1992".
15. Statute law revision
In section 133A of the Principal Act--
(a) in sub-section (1), for "Subordinate
Legislation Act 1962" substitute
30 "Subordinate Legislation Act 1994"; and
(b) in sub-section (2), for "section 6(2) of the
Subordinate Legislation Act 1962"
10
531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96
Health Acts (Further Amendment) Act 1996
s. 15
Act No.
substitute "section 23 of the Subordinate
Legislation Act 1994"; and
(c) in sub-section (3), for "Subordinate
Legislation Act 1962" substitute
5 "Subordinate Legislation Act 1994".
_______________
11
531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96
Health Acts (Further Amendment) Act 1996
s. 16
Act No.
PART 4--PHARMACISTS ACT 1974
No. 8593.
16. Persons who may and may not own pharmacies Reprinted to
23/1994.
(1) For section 21(4) of the Pharmacists Act 1974
substitute--
5 "(4) Nothing in this section or section 33(1)(a) to
(c) of this Act applies to a registered society
within the meaning of the Friendly Societies
Act 1986 while the society is acting in
accordance with the provisions of that Act.".
10 (2) Before section 21(6) of the Pharmacists Act 1974
insert--
"(5) Nothing in this section or section 33(1)(a) of
this Act applies to a registered funded
agency within the meaning of the Health
15 Services Act 1988 while it is acting in
accordance with the provisions of the Health
Services Act 1988 and this Act.".
_______________
12
531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96
Health Acts (Further Amendment) Act 1996
s. 17
Act No.
PART 5--CEMETERIES ACT 1958
No. 6217. 17. Statute law revision
Reprinted to
21/1995.
Before section 2 of the Cemeteries Act 1958,
insert--
5 "1. Short title
This Act may be cited as the Cemeteries Act
1958.".
_______________
13
531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96
Health Acts (Further Amendment) Act 1996
s. 18
Act No.
PART 6--HEALTH SERVICES ACT 1988
No. 49/1988.
18. Principal Act Reprinted to
No. 63/1995
In this Part, the Health Services Act 1988 is and G.G.
called the Principal Act. 17.8.1995 and
subsequently
amended by
No. 99/1995
and S.G. (No.
108)
31.10.1995,
G.G.
21.12.1995,
G.G.
29.2.1996,
S.G. (No. 56)
23.5.1996,
G.G.
20.6.1996,
G.G.
27.6.1996, and
G.G. 26.9.96.
5 19. Amendment of definitions
In section 3 of the Principal Act--
(a) in the definition of "authorised officer", for
"Part 7" substitute "this Act";
(b) in the definition of "designated public
10 hospital" after "public hospital" insert "or
privately-operated hospital";
(c) in the definition of "private hospital", after
"made" insert "and includes a privately-
operated hospital";
14
531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96
Health Acts (Further Amendment) Act 1996
Act No.
(d) after the definition of "private hospital"
insert--
' "privately-operated hospital" means--
(a) a hospital within the meaning of
5 Part 3A listed in Schedule 4; or
15
531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96
Health Acts (Further Amendment) Act 1996
s. 20
Act No.
(b) premises occupied by such a
hospital listed in Schedule 4--
as the case requires;'.
20. Designated public hospital
5 (1) In section 7(1) of the Principal Act, after "public
hospital" (where first, secondly and fourthly
occurring) insert "or privately-operated hospital".
(2) In section 7(2) of the Principal Act, after "public
hospital" (where first and secondly occurring)
10 insert "or privately-operated hospital".
(3) In section 7 of the Principal Act, after sub-section
(2) insert--
"(3) If a privately-operated hospital or any part of
a privately-operated hospital is declared to
15 be a designated public hospital, section 106
applies to that hospital or part only to the
extent to which it provides health services to
public hospital patients.".
21. Amendment of Schedules
20 In section 8 of the Principal Act, after sub-section
(2) insert--
"(3) The Governor in Council, by Order
published in the Government Gazette, may
amend Schedule 4 by--
25 (a) adding the name of a hospital within
the meaning of Part 3A; or
(b) removing the name of a hospital if it
has ceased to be a hospital within the
meaning of Part 3A; or
30 (c) amending the name of a hospital.".
16
531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96
Health Acts (Further Amendment) Act 1996
s. 22
Act No.
22. Medicare Principles and Commitments
In section 17AA of the Principal Act, after sub-
section (4) insert--
"(5) In this Part, a reference to public hospital
5 services includes a reference to services
provided to public hospital patients by
privately-operated hospitals.".
23. New section 17AB inserted
In Division 1 of Part 3 of the Principal Act, before
10 section 17A insert--
'17AB. Definition
In this Division, "agency" does not include
a privately-operated hospital.'.
24. Case mix funding
15 (1) In section 18A of the Principal Act, before "In"
insert "(1)".
(2) In section 18A of the Principal Act, at the end of
the section insert--
'(2) In this Division, "public hospital" includes
20 a privately-operated hospital to the extent to
which it provides health services to public
hospital patients and references to patients
must be construed as including public
hospital patients in such a hospital.'.
25 25. Application of Division 2 of Part 3
In section 19 of the Principal Act, at the end of
paragraph (b) insert--
"; or
(c) a privately-operated hospital.".
30
17
531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96
Health Acts (Further Amendment) Act 1996
s. 26
Act No.
26. Payment of remuneration
In section 34 of the Principal Act, for sub-section
(2) substitute--
"(2) A member of a board is entitled to be paid--
5 (a) expenses incurred in holding office as a
member of the board; and
(b) such remuneration as is specified in the
instrument of appointment.
(3) Despite sub-section (2)(b), a member of a
10 board who is also a member of the
Legislative Council or a member of the
Legislative Assembly is not entitled to be
paid remuneration as a member of the
board.".
15 27. New Division 7 inserted in Part 3 of Principal Act
In Part 3 of the Principal Act, after Division 6
insert--
'Division 7--Transitional Management
Agreements
20 52. Definitions
In this Division--
"administrator", in relation to a public
hospital, means the administrator
appointed under section 55(3);
25 "manager" means a party to an agreement
with the Minister under section 53(1),
other than the public hospital that is the
subject of that agreement.
18
531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96
Health Acts (Further Amendment) Act 1996
s. 27
Act No.
53. Minister may enter into transitional
management agreements
(1) The Minister may, for and on behalf of the
Crown, enter into an agreement with a
5 person or body and a specified public
hospital for the management by that person
or body of that public hospital.
(2) The Minister may only enter into an
agreement under sub-section (1) in relation
10 to a public hospital providing services that
are to be replaced by services to be provided
by a privately-operated hospital in
accordance with an agreement previously
entered into by the Minister under section
15 69B(1) or being then entered into by him or
her.
(3) The Minister must obtain the written
approval of the Treasurer before entering
into an agreement under sub-section (1).
20 (4) Nothing in this section--
(a) limits, or takes away, any other power
of the Minister, whether under this or
any other Act or otherwise, to enter into
agreements for the provision of health
25 services; or
(b) limits, or takes away, any power of the
Chief General Manager under this Act
to enter into health service agreements.
54. Matters to be included in agreement
30 (1) An agreement under section 53(1) may--
(a) provide for the management and
operation of the hospital;
(b) provide for the maintenance and repair
of the hospital;
19
531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96
Health Acts (Further Amendment) Act 1996
s. 27
Act No.
(c) provide for the services to be provided
by the manager to hospital patients;
(d) provide for the fees, costs and charges
to be paid to the manager;
5 (e) provide for objectives and performance
standards in relation to the manager's
operations under the agreement;
(f) provide for consultation by the
manager, as specified in the agreement,
10 with a body representative of
community views identified, or
appointed or selected in the manner
specified, in the agreement;
(g) provide for the submission of periodic
15 reports in relation to the manager's
operations under the agreement;
(h) provide for the extent of indemnities by
parties to the agreement;
(i) deal with financial arrangements;
20 (j) specify liabilities, risks and insurances;
(k) deal with the handover to the privately-
operated hospital that is to replace the
hospital as a service provider;
(l) leave any matter to be determined,
25 approved or dispensed with by a
specified person or body;
(m) provide for the assignment to the
Minister, the Crown or any other
person of any right or interest;
30 (n) provide for the creation of any security
over property;
20
531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96
Health Acts (Further Amendment) Act 1996
s. 27
Act No.
(o) provide for the Minister to delegate
powers and functions under the
agreement;
(p) provide for sub-contracting;
5 (q) provide for the suspension of
obligations under the agreement in
specified circumstances, except the
obligation referred to in paragraph (h);
(r) provide for the Minister, the Crown or
10 any other person or body to take over,
or nominate any other person or body
to take over, rights or obligations under
the agreement or any other agreement
or under any transaction;
15 (s) provide for rights of access to the
hospital;
(t) contain any other provisions that are
not inconsistent with this Act or the
regulations.
20 55. Appointment of administrator
(1) If the Minister proposes to enter into an
agreement under section 53(1) with respect
to a public hospital, the Minister may
appoint an administrator to enter into the
25 agreement for and on behalf of the public
hospital.
(2) A public hospital is bound by an agreement
entered into by an administrator for and on
its behalf in accordance with sub-section (1)
30 to the same extent as if it had been entered
into by the public hospital under its official
seal.
(3) If an agreement is entered into under section
53(1) with respect to a public hospital, the
35 Minister must before the coming into effect
21
531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96
Health Acts (Further Amendment) Act 1996
s. 27
Act No.
of that agreement appoint an administrator of
the hospital for the period and subject to the
terms and conditions specified in the
instrument of appointment.
5 (4) An administrator appointed under sub-
section (3) may be the same person as was
appointed administrator under sub-section
(1) in relation to the public hospital or may
be a different person.
10 56. Consequences of agreement
(1) On the coming into effect of an agreement
under section 53(1)--
(a) the members of the board of
management of the public hospital that
15 is the subject of the agreement cease to
hold office; and
(b) except as otherwise provided by the
agreement, the administrator has and
may exercise all the powers and is
20 subject to all the duties of the board of
the hospital under, and comprises that
board for the purposes of, this Act and
the by-laws; and
(c) sections 33(3) to (10), 34 and 35 cease
25 to apply in relation to the board of that
hospital and continue not to so apply
during the period of appointment of the
administrator.
(2) Despite anything to the contrary in Division
30 8 of Part 3, that Division does not apply to a
public hospital that is the subject of an
agreement under section 53(1) while the
agreement continues in force.
(3) A public hospital continues to be the same
35 body after as before the coming into effect of
22
531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96
Health Acts (Further Amendment) Act 1996
s. 27
Act No.
an agreement under section 53(1) with
respect to it.
57. Right of intervention in management
(1) The Minister may intervene in the
5 management of a hospital that is the subject
of an agreement under section 53(1) if he or
she considers that it is necessary to do so for
the protection of the health or safety of
patients receiving or requiring services at the
10 hospital.
(2) If the Minister intervenes in the management
of a hospital, he or she may appoint the
administrator appointed under section 55(3)
to manage the hospital until the Minister
15 determines that the health or safety of
patients receiving or requiring services at the
hospital no longer requires the administrator
to manage the hospital.
(3) If an administrator is appointed under sub-
20 section (2), then for the period of that
appointment--
(a) the manager must act in relation to the
management or operation of the
hospital in accordance with the
25 directions of the administrator; or
(b) the manager must as directed by the
administrator, cease to act in relation to
the management or operation of the
hospital completely or to the extent
30 specified in the direction.
Penalty: 50 penalty units.
(4) A person engaged or employed by the
manager to act in relation to the management
or operation of the hospital must comply
23
531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96
Health Acts (Further Amendment) Act 1996
s. 27
Act No.
with the directions of the administrator in
doing so.
Penalty: 50 penalty units.
(5) An administrator appointed under sub-
5 section (2) has and may carry out or exercise
for the period of the appointment all of the
functions or powers of the manager, in
relation to the management or operation of
the hospital, under this Act or the regulations
10 or the agreement under section 53(1).
(6) Without limiting sub-section (5), the
administrator has power to do anything
necessary for the protection of the health or
safety of patients receiving or requiring
15 health services at the hospital.
(7) The Chief General Manager must provide
the administrator with any assistance
necessary to the carrying out of his or her
functions or exercise of his or her powers
20 under this section.
(8) Nothing in this section limits, or takes away,
any function or power conferred on a person
(including a person on whom a function or
power is conferred by this section), whether
25 under this or any other Act or otherwise
including the agreement under section 53(1).
57A. Re-establishment of board of management
(1) Members may again be appointed in
accordance with Division 4 to a board of
30 management of the public hospital that is the
subject of an agreement under section 53(1)
if the agreement is terminated or the
obligations of the manager under the
agreement are suspended.
24
531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96
Health Acts (Further Amendment) Act 1996
s. 28
Act No.
(2) On the re-establishment under sub-section
(1) of the board of management, the
appointment of the administrator is revoked.
(3) Nothing in sub-section (2) limits, or takes
5 away, any power of the Minister under
section 41 of the Interpretation of
Legislation Act 1984 in relation to the
appointment of the administrator.
57B. Closure
10 The public hospital that is the subject of an
agreement under section 53(1) may be closed
in accordance with section 62 on the
termination or expiry of the agreement.'.
28. New Part 3A inserted in Principal Act
15 In the Principal Act, after Part 3 insert--
'PART 3A--PUBLIC HOSPITAL PATIENT
SERVICES AGREEMENTS
Division 1--Definitions
69A. Definitions
20 In this Part--
"contractor" means a party to an agreement
with the Minister under section 69B(1);
"hospital" means any premises where
persons are provided with or offered
25 health services as public hospital
patients in accordance with an
agreement with the Minister under
section 69B(1);
"sub-contractor" means a sub-contractor of
30 a contractor or of a sub-contractor.
Division 2--Agreements
25
531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96
Health Acts (Further Amendment) Act 1996
s. 28
Act No.
69B. Minister may enter into public hospital
patient services agreements
(1) The Minister may, for and on behalf of the
Crown--
5 (a) enter into an agreement with a person
or body for the provision by that person
or body of health services to public
hospital patients from premises which,
under the agreement, will be required to
10 become a privately-operated hospital;
or
(b) enter into an agreement with a person
or body which is ancillary to an
agreement entered into under paragraph
15 (a), including an agreement with any
person or body providing financial
accommodation (within the meaning of
the Borrowing and Investment
Powers Act 1987) or a guarantee in
20 respect of an agreement entered into
under paragraph (a).
(2) The Minister must obtain the written
approval of the Treasurer before entering
into an agreement under sub-section (1).
25 (3) Nothing in this section--
(a) limits, or takes away, any other power
of the Minister, whether under this or
any other Act or otherwise, to enter into
agreements for the provision of health
30 services; or
(b) limits, or takes away, any power of the
Chief General Manager under this Act
to enter into health service agreements.
26
531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96
Health Acts (Further Amendment) Act 1996
s. 28
Act No.
69C. Matters that may be included in agreement
(1) An agreement under section 69B(1)(a) may
provide for--
(a) the design, construction,
5 commissioning and ownership of the
hospital;
(b) the management and operation of the
hospital;
(c) the maintenance and repair of the
10 hospital;
(d) the services to be provided by the
contractor to public hospital patients;
(e) the fees, costs and charges to be paid to
the contractor;
15 (f) objectives and performance standards
in relation to the provision of health
services;
(g) consultation by the contractor, as
specified in the agreement, with a body
20 representative of community views
identified, or appointed or selected in
the manner specified, in the agreement;
(h) the submission of periodic reports in
relation to the contractor's operations
25 under the agreement;
(i) the extent of indemnities by parties to
the agreement;
(j) the office the holder of which is to be
the principal officer for the purposes of
30 the application of the Freedom of
Information Act 1982 to the contractor
as a provider of health services to
public hospital patients;
27
531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96
Health Acts (Further Amendment) Act 1996
s. 28
Act No.
(k) the office the holder of which is to be
the principal officer for the purposes of
the application of the Ombudsman Act
1973 to the contractor as a provider of
5 health services to public hospital
patients.
(2) An agreement under section 69B(1),
including an agreement under section
69B(1)(a), may contain--
10 (a) a provision dealing with financial
arrangements;
(b) a provision specifying liabilities, risks
and insurances;
(c) a provision leaving any matter to be
15 determined, approved or dispensed with
by a specified person or body;
(d) a provision providing for the
assignment to the Minister, the Crown
or any other person of any right or
20 interest;
(e) a provision providing for the creation
of any security over property;
(f) a provision providing for the Minister
to delegate powers and functions under
25 the agreement;
(g) a provision providing for sub-
contracting;
(h) a provision requiring the provision by
the contractor of a performance bond;
30 (i) a provision providing for the
suspension of obligations under the
agreement in specified circumstances,
except the obligations referred to in
sub-section (1)(i), (j) and (k);
28
531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96
Health Acts (Further Amendment) Act 1996
s. 28
Act No.
(j) a provision providing for--
(i) the Minister, the Crown or any
other person or body to take over,
or nominate any other person or
5 body to take over, rights or
obligations under the agreement
or any other agreement or under
any transaction;
(ii) the transfer of land to the
10 Minister, the Crown or any other
person or body in the
circumstances set out in the
agreement;
(k) a provision providing for rights of
15 access to the hospital;
(l) any other provisions that are not
inconsistent with this Act or the
regulations.
69D. Agreement to run with land
20 (1) An agreement entered into under section
69B(1) under which the owner of land
covenants to transfer that land to the
Minister, the Crown or any other person or
body in the circumstances set out in the
25 agreement must be under seal and must bind
the owner of the land to those covenants.
(2) Sections 181, 182 and 183 of the Planning
and Environment Act 1987 apply to that
agreement as if a reference in those sections
30 to the responsible authority were a reference
to the transferee of the land.
(3) Land which is transferred to the Minister or
the Crown in accordance with an agreement
under section 69B(1) is deemed to be
35 unalienated land of the Crown freed and
29
531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96
Health Acts (Further Amendment) Act 1996
s. 28
Act No.
discharged from all trusts, limitations,
reservations, restrictions, encumbrances,
estates and interests.
(4) No compensation is payable by the Crown in
5 respect of the transfer of land to the Minister
or the Crown in accordance with an
agreement under section 69B(1) except
compensation (if any) which is expressly
provided for in that agreement.
10 69E. Rights of access
(1) A contractor or sub-contractor must give the
Minister, the Chief General Manager and
any authorised officer free and unfettered
access at all times, together with any
15 assistants and equipment that the Minister,
the Chief General Manager or authorised
officer considers necessary--
(a) to the hospital; and
(b) to all public hospital patients receiving
20 health services at the hospital; and
(c) to all documents in the possession of
the contractor or sub-contractor relating
to the provision of health services to
public hospital patients at the
25 hospital--
for the purpose of ensuring compliance with
this Act or the regulations or the agreement
under section 69B(1).
Penalty: 50 penalty units.
30 (2) A contractor or sub-contractor must give an
administrator appointed under section 69F
free and unfettered access at all times,
together with any assistants and equipment
that the administrator considers necessary--
30
531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96
Health Acts (Further Amendment) Act 1996
s. 28
Act No.
(a) to the hospital; and
(b) to all public hospital patients receiving
health services at the hospital; and
(c) to all documents in the possession of
5 the contractor or sub-contractor relating
to the provision of health services to
public hospital patients at the
hospital--
for the purpose of enabling the administrator
10 to carry out his or her functions and exercise
his or her powers under that section.
Penalty: 50 penalty units.
(3) Nothing in this section limits, or takes away,
any function or power conferred on a person
15 (including a person on whom a function or
power is conferred by this section), whether
under this or any other Act or otherwise
including the agreement under section
69B(1).
20 69F. Right of intervention in management
(1) The Minister may intervene in the
management of a hospital if he or she
considers that it is necessary to do so for the
protection of the health or safety of public
25 hospital patients receiving or requiring
services at the hospital.
(2) If the Minister intervenes in the management
of a hospital, he or she may appoint an
administrator to manage the hospital until the
30 Minister determines that the health or safety
of public hospital patients receiving or
requiring services at the hospital no longer
requires the appointment of an administrator.
31
531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96
Health Acts (Further Amendment) Act 1996
s. 28
Act No.
(3) If an administrator is appointed under sub-
section (2), then for the period of that
appointment--
(a) the contractor or a sub-contractor must
5 act in relation to the management or
operation of the hospital in accordance
with the directions of the administrator;
or
(b) the contractor or a sub-contractor must
10 as directed by the administrator, cease
to act in relation to the management or
operation of the hospital completely or
to the extent specified in the direction.
Penalty: 50 penalty units.
15 (4) A person engaged or employed by the
contractor or a sub-contractor to act in
relation to the management or operation of
the hospital must comply with the directions
of the administrator in doing so.
20 Penalty: 50 penalty units.
(5) An administrator appointed under sub-
section (2) has and may carry out or exercise
for the period of the appointment all of the
functions or powers of the contractor or any
25 sub-contractor, in relation to the
management or operation of the hospital,
under this Act or the regulations or the
agreement under section 69B(1).
(6) Without limiting sub-section (5), the
30 administrator has power to do anything
necessary for the protection of the health or
safety of public hospital patients receiving or
requiring health services at the hospital in
accordance with the agreement under section
35 69B(1).
32
531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96
Health Acts (Further Amendment) Act 1996
s. 28
Act No.
(7) The Chief General Manager must provide
the administrator with any assistance
necessary to the carrying out of his or her
functions or exercise of his or her powers
5 under this section.
(8) Nothing in this section limits, or takes away,
any function or power conferred on a person
(including a person on whom a function or
power is conferred by this section), whether
10 under this or any other Act or otherwise
including the agreement under section
69B(1).
69G. Application of FOI Act
(1) The Freedom of Information Act 1982
15 applies to a contractor or a sub-contractor in
its capacity as a provider of health services
to public hospital patients at the hospital in
accordance with an agreement under section
69B(1) or a sub-contract agreement as if--
20 (a) the contractor or sub-contractor were an
agency within the meaning of that Act;
and
(b) the holder of the office specified in the
agreement under section 69B(1) or in
25 the sub-contract agreement for the
purposes of the application of the
Freedom of Information Act 1982
were the principal officer of that
agency; and
30 (c) the Minister were the responsible
Minister of that agency; and
(d) the persons employed by the contractor
or sub-contractor were officers of that
agency.
33
531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96
Health Acts (Further Amendment) Act 1996
s. 28
Act No.
(2) Nothing in this section applies the Freedom
of Information Act 1982 to a contractor or
sub-contractor--
(a) in any capacity other than that
5 mentioned in sub-section (1); or
(b) with respect to any period during which
health services were not actually being
provided by the contractor or sub-
contractor to public hospital patients at
10 the hospital.
69H. Investigation of administrative actions
(1) The Ombudsman Act 1973 applies to a
contractor or a sub-contractor in its capacity
as a provider of health services to public
15 hospital patients at the hospital in
accordance with an agreement under section
69B(1) or a sub-contract agreement as if--
(a) the contractor or sub-contractor were a
public statutory body within the
20 meaning of that Act; and
(b) the holder of the office specified in the
agreement under section 69B(1) or in
the sub-contract agreement for the
purposes of the application of the
25 Ombudsman Act 1973 were the
principal officer of that public statutory
body; and
(c) the persons employed by the contractor
or sub-contractor were employees of
30 that public statutory body.
(2) Nothing in this section applies the
Ombudsman Act 1973 to a contractor or
sub-contractor--
(a) in any capacity other than that
35 mentioned in sub-section (1); or
34
531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96
Health Acts (Further Amendment) Act 1996
s. 29
Act No.
(b) with respect to any period during which
health services were not actually being
provided by the contractor or sub-
contractor to public hospital patients at
5 the hospital.'.
29. Insertion of penalties
(1) In section 106 of the Principal Act--
(a) at the foot of sub-section (1) insert--
"Penalty: 2 penalty units."; and
10 (b) at the foot of sub-section (2) insert--
"Penalty: 2 penalty units.".
(2) In section 107 of the Principal Act, at the foot of
that section insert--
"Penalty: 100 penalty units.".
15 30. Multi purpose services
In section 115A(1) of the Principal Act, after
"115C(2)" insert "and that is not a privately-
operated hospital".
31. New section 116A inserted
20 After section 116 insert--
'116A. Definition
In this Part, "resident", in relation to a
privately-operated hospital that is a
designated public hospital, means a public
25 hospital patient who is a resident of that
hospital.'.
32. Payment of fees
In section 138(1) of the Principal Act, for "or
denominational hospital" substitute ", privately-
30 operated hospital, denominational hospital".
35
531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96
Health Acts (Further Amendment) Act 1996
s. 33
Act No.
33. Confidentiality
In section 141(3) of the Principal Act, after
paragraph (e) insert--
"(ea) to the giving of information in accordance
5 with an agreement under section 53(1) or
69B(1); or".
34. Section 152A inserted
After section 152 of the Principal Act insert--
"152A. Offences by bodies corporate etc
10 If a body corporate is guilty of an offence
against this Act or the regulations made
under this Act, any person who is concerned
or takes part in the management of the body
corporate who was in any way, by act or
15 omission, directly or indirectly knowingly
concerned in or party to the commission of
the offence is also guilty of the offence.".
35. New section 157E inserted
After section 157D of the Principal Act insert--
20 "157E. Supreme Court--limitation of jurisdiction
It is the intention of section 69D(4) to alter
or vary section 85 of the Constitution Act
1975.".
36. New Schedule 4 inserted
25 After Schedule 3 to the Principal Act insert--
"SCHEDULE 4
PRIVATELY-OPERATED HOSPITALS.".
_______________
36
531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96
Health Acts (Further Amendment) Act 1996
s. 37
Act No.
PART 7--MENTAL HEALTH ACT 1986
37. Amendment of definition
No. 59/1986. In section 3 of the Mental Health Act 1986, in
Reprinted to
the definition of "private hospital", for "section
No. 19/1996.
5 178(1) of the Health Act 1958" substitute "the
Health Services Act 1988".
37
531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96
Health Acts (Further Amendment) Act 1996
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
38
531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96
[Index] [Search] [Download] [Related Items] [Help]