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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Health Services (Amendment) Act 1998
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
PART 2--AMENDMENTS TO THE HEALTH SERVICES ACT
1988 3
3. Principal Act 3
4. Increased penalty and indictable offence--sick residents 4
5. Increase in penalty--records 4
6. Increase in penalty--not being registered 4
7. Increase in penalty--providing excess beds 4
8. Increase in penalty--contravening condition of registration 4
9. Increase in penalty--building without approval in principle 4
10. Increase in penalties--offences relating to authorised officers 4
11. Increase in penalties--statements and documents 5
PART 3--AMENDMENTS TO THE HEALTH SERVICES
(AMENDMENT) ACT 1997 6
12. Principal Act 6
13. Increase in penalties and indictable offences--hygiene and
medication 6
14. Increase in penalties--offences relating to supported residential
services 6
15. Amendment of proposed section 156A 7
PART 4--AMENDMENT TO THE MAGISTRATES' COURT ACT
1989 9
16. Offences triable summarily 9
NOTES 10
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PARLIAMENT OF VICTORIA
A BILL
to amend the Health Services Act 1988 and the Health Services
(Amendment) Act 1997 to provide for increased penalties for certain
offences, to amend Schedule 4 to the Magistrates' Court Act 1989
and for other purposes.
Health Services (Amendment) Act 1998
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The main purpose of this Act is to amend the
Health Services Act 1988 and the Health
5 Services (Amendment) Act 1997 to increase the
penalties for certain offences.
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Health Services (Amendment) Act 1998
s. 2
Act No.
2. Commencement
This Act comes into operation on the day on
which it receives the Royal Assent.
_______________
5
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Health Services (Amendment) Act 1998
s. 3
Act No.
PART 2--AMENDMENTS TO THE HEALTH SERVICES ACT
1988
3. Principal Act
No. 49/1988.
In this Part, the Health Services Act 1988 is
Reprint No. 3
5 called the Principal Act. as at 22 May
1997. Further
amended by
Nos 63/1995,
17/1997 and
73/1997 and
Government
Gazettes
19.6.1007,
pages 1416,
1417,
25.9.1997,
pages 2708,
2709,
2.10.1997,
page 2759
and
27.11.1997,
page 3266
and Special
Gazette
(No. 139)
3.11.1997
page 1.
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Health Services (Amendment) Act 1998
s. 6
Act No.
4. Increased penalty and indictable offence--sick
residents
(1) In section 107 of the Principal Act for "100
penalty units" substitute "600 penalty units or 5
5 years imprisonment or both".
(2) At the end of section 107 of the Principal Act
insert--
"(2) An offence against sub-section (1) is an
indictable offence.".
10 5. Increase in penalty--records
In section 109(2) of the Principal Act, for "50
penalty units" substitute "120 penalty units".
6. Increase in penalty--not being registered
In section 111 of the Principal Act, for "100
15 penalty units" substitute "240 penalty units".
7. Increase in penalty--providing excess beds
In section 112 of the Principal Act, for "50 penalty
units" substitute "240 penalty units".
8. Increase in penalty--contravening condition of
20 registration
In section 114 of the Principal Act, for "100
penalty units" substitute "240 penalty units".
9. Increase in penalty--building without approval in
principle
25 In section 115 of the Principal Act, for "50 penalty
units" (wherever occurring) substitute "120
penalty units".
10. Increase in penalties--offences relating to authorised
officers
30 (1) In section 149 of the Principal Act, for "50 penalty
units" substitute "240 penalty units".
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Health Services (Amendment) Act 1998
Act No.
(2) In section 150 of the Principal Act, for "50 penalty
units" substitute "120 penalty units".
11. Increase in penalties--statements and documents
(1) In section 151 of the Principal Act, for "50 penalty
5 units"(where twice occurring) substitute "120
penalty units".
(2) In section 152 of the Principal Act, for "50 penalty
units" substitute "120 penalty units".
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10
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Health Services (Amendment) Act 1998
s. 12
Act No.
PART 3--AMENDMENTS TO THE HEALTH SERVICES
(AMENDMENT) ACT 1997
12. Principal Act
No. 73/1997. In this Part, the Health Services (Amendment)
5 Act 1997 is called the Principal Act.
13. Increase in penalties and indictable offences--
hygiene and medication
(1) In section 8 of the Principal Act, in proposed
section 108B, for "100 penalty units" (where
10 twice occurring) substitute "600 penalty units or
5 years imprisonment or both".
(2) In section 8 of the Principal Act, after proposed
section 108B(3) insert--
"(4) An offence against sub-section (1) or (2) is
15 an indictable offence.".
(3) In section 8 of the Principal Act, in proposed
section 108C, for "75 penalty units" substitute
"600 penalty units or 5 years imprisonment or
both".
20 (4) In section 8 of the Principal Act, at the end of
proposed section 108C insert--
"(2) An offence against sub-section (1) is an
indictable offence.".
14. Increase in penalties--offences relating to supported
25 residential services
(1) In section 8 of the Principal Act, in proposed
section 108A--
(a) in proposed sub-section (1), for "100 penalty
units" substitute "240 penalty units"; and
30 (b) in proposed sub-section (2), for "25 penalty
units" substitute "240 penalty units".
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Health Services (Amendment) Act 1998
s. 14
15
Act No.
(2) In section 8 of the Principal Act, in proposed
section 108D, for "75 penalty units" substitute
"240 penalty units".
(3) In section 8 of the Principal Act, in proposed
5 section 108E, for "20 penalty units" (where twice
occurring) substitute "120 penalty units".
(4) In section 8 of the Principal Act, in proposed
section 108F for "15 penalty units" (wherever
occurring) substitute "120 penalty units".
10 (5) In section 8 of the Principal Act, in proposed
section 108G, for "25 penalty units" (where twice
occurring) substitute "120 penalty units".
(6) In section 8 of the Principal Act, in proposed
section 108H, for "20 penalty units" (wherever
15 occurring) substitute "240 penalty units".
(7) In section 8 of the Principal Act, in proposed
section 108I--
(a) in proposed sub-section (1), for "50 penalty
units" substitute "240 penalty units"; and
20 (b) in proposed sub-section (2), for "25 penalty
units" substitute "240 penalty units".
(8) In section 8 of the Principal Act, in proposed
section 108J, for "50 penalty units" substitute
"240 penalty units".
25 (9) In section 8 of the Principal Act, in proposed
section 108K, for "75 penalty units" substitute
"240 penalty units".
(10) In section 8 of the Principal Act, in proposed
section 108L, for "25 penalty units" (where twice
30 occurring) substitute "240 penalty units".
15. Amendment of proposed section 156A
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Health Services (Amendment) Act 1998
Act No.
In section 9 of the Principal Act, in proposed
section 156A, for "sections 107, 108A to 108L"
substitute "sections 108A, 108D to 108L".
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Health Services (Amendment) Act 1998
s. 16
Act No.
PART 4--AMENDMENT TO THE MAGISTRATES' COURT
ACT 1989
16. Offences triable summarily
In Schedule 4 to the Magistrates' Court Act
5 1989, after item 54 insert--
"54A. Health Services Act 1988
Indictable offences under the Health Services Act
1988.".
10
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Health Services (Amendment) Act 1998
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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Health Services (Amendment) Act 1998
Act No.
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