HEALTH SERVICES (GOVERNANCE) BILL 2000

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HEALTH SERVICES (GOVERNANCE) BILL 2000

PARLIAMENT OF VICTORIA Health Services (Governance) Act 2000 Act No. TABLE OF PROVISIONS Clause Page 1. Purpose 1 2. Commencement 2 3. Principal Act 2 4. Definitions 2 5. Governor in Council may amend Schedule 5 3 6. Core objects 3 7. Directions of Secretary 4 8. New Division 9B inserted 4 Division 9B--Metropolitan health services 4 65P. Incorporation 4 65Q. Metropolitan health services do not represent Crown 5 65R. Objects of metropolitan health services 5 65S. Board of directors 5 65T. Directors 7 65U. Terms and conditions 8 65V. Removal and resignation 8 65W. Disclosure of interest 9 65X. Procedure of board 10 65Y. Immunity 10 65Z. Validity of acts or decisions 11 65ZA. Advisory committees 11 65ZB. Community advisory committee 11 65ZC. Primary care and population health advisory committee 12 65ZD. Guidelines of Secretary 13 65ZE. Procedure of advisory committees 13 65ZF. Strategic plans 13 65ZG. Annual meetings 14 9. Confidentiality 15 10. New section 157G inserted 16 157G. Supreme Court--limitation of jurisdiction 16 11. New Part 9 inserted 16 i 541084B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Clause Page PART 9--TRANSITIONAL PROVISIONS RELATING TO METROPOLITAN HEALTH SERVICES 16 Division 1--Preliminary 16 179. Definitions 16 180. Extra-territorial operation 16 Division 2--Establishment of metropolitan health services 17 181. Order establishing a metropolitan health service 17 182. Establishment of first board 18 183. Appointment of first chief executive officer 18 184. First by-laws of metropolitan health service 19 185. Limited period to make Orders 19 Division 3--Establishment of community health centres 19 186. Order establishing a community health centre 19 187. Establishment of first board of management 20 188. First rules of community health centre 21 189. Limited period to make orders 21 Division 4--Appointment of administrator 21 190. Appointment of administrator 21 191. Functions of administrator 22 192. Direction of Secretary 23 Division 5--Transfer of property, rights and liabilities of metropolitan hospitals on cancellation of incorporation 23 193. Definitions 23 194. Cancellation of incorporation of metropolitan hospital 24 195. Transfer from metropolitan hospital to metropolitan health service 25 196. New metropolitan health service to be successor in law 25 197. Substitution of party to agreement 26 198. Old instruments 26 199. Proceedings 27 200. Interests in land 27 201. Amendment of Register 28 202. Taxes 28 203. Evidence 28 204. Transfer of hospital employees to new health service 29 205. Future terms and conditions of transferred employees 30 Division 6--Transfer of property, rights and liabilities before cancellation of incorporation of metropolitan hospital 30 ii 541084B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Clause Page 206. Definitions 30 207. Division to prevail 32 208. Transfer Order 32 209. Property rights and liabilities transferred to metropolitan health service or community health centre 33 210. Substitution of party to agreement 33 211. Proceedings 34 212. Interests in land 34 213. Old instruments 35 214. Trusts in respect of metropolitan hospitals existing on 31 July 1995 35 215. Trusts in respect of metropolitan hospitals created on or after 1 August 1995 36 216. Amendment of the Register 37 217. Taxes 38 218. Evidence 38 219. Staff transfer date 38 220. List of staff 39 221. Transfer of staff 39 222. Future terms and conditions of transferred employees 41 223. Abolition of metropolitan hospital 41 224. Effect of Order 42 Division 7--General 43 225. Validity of things done under this Part 43 226. Operation of provisions not subject to review 44 227. Application of property cy-pres not affected 44 228. Application to trusts whenever created 45 229. Saving of quality assurance bodies 45 12. New Schedule 5 inserted 46 13. Amendment of Mental Health Act 1986 46 NOTES 47 iii 541084B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

PARLIAMENT OF VICTORIA Initiated in Assembly 3 May 2000 A BILL to amend the Health Services Act 1988 to facilitate the disaggregation of certain health care networks and the re-organisation of public health care agencies in the metropolitan area and for other purposes. Health Services (Governance) Act 2000 The Parliament of Victoria enacts as follows: 1. Purpose The main purpose of this Act is to amend the Health Services Act 1988 to facilitate the disaggregation of certain health care networks and 5 the re-organisation of public health care agencies in the metropolitan area. 1 541084B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Services (Governance) Act 2000 s. 2 Act No. 2. Commencement (1) Subject to sub-section (2), this Act comes into operation on a day to be proclaimed. (2) If this Act does not come into operation before 5 1 July 2001, it comes into operation on that day. 3. Principal Act No. 49/1988. In this Act, the Health Services Act 1988 is called the Principal Act. 4. Definitions 10 (1) In section 3 of the Principal Act insert the following definition-- ' "metropolitan health service" means-- (a) a metropolitan health service listed in Schedule 5; or 15 (b) premises occupied by a metropolitan health service listed in Schedule 5-- as the case requires;'. (2) In section 3 of the Principal Act in the definition of "former agency"-- 20 (a) after paragraph (a)(vii) insert-- "(viii) by force of section 195 of this Act; or"; (b) after paragraph (b) insert-- "or (c) a metropolitan hospital designated in an 25 Order under section 215;". (3) In section 3 of the Principal Act in the definition of "public hospital"-- (a) after paragraph (b) insert-- "(ba) except in Division 4 of Part 3, a 30 metropolitan health service; or"; 2 541084B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Services (Governance) Act 2000 s. 5 6 Act No. (b) in paragraph (c) for "or by a metropolitan hospital" substitute ", by a metropolitan hospital or by a metropolitan health service". (4) In section 3 of the Principal Act in the definition 5 of "successor agency" in paragraph (a) after "former agency" insert "(whether for all purposes or for the purposes of a trust in relation to a former agency)". (5) In section 3 of the Principal Act in the definition 10 of "trust"-- (a) in paragraph (a) after "amalgamated" insert "at any time"; (b) after paragraph (b) insert-- "(ba) a body the incorporation of which is 15 cancelled by force of section 195; or"; (c) after paragraph (c) insert-- "; or (ca) a metropolitan hospital designated in an Order under section 215--". 20 5. Governor in Council may amend Schedule 5 After section 8(3) of the Principal Act insert-- "(4) The Governor in Council, by Order published in the Government Gazette, may amend Schedule 5 by-- 25 (a) adding the name of a metropolitan health service; or (b) removing the name of a metropolitan health service; or (c) amending the name of a metropolitan 30 health service.". 6. Core objects 3 541084B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Services (Governance) Act 2000 Act No. After section 24(2) of the Principal Act insert-- "(2A) If the Secretary directs a metropolitan health service to amend or alter its core objects, the metropolitan health service must amend or 5 alter its core objects accordingly.". 7. Directions of Secretary In section 42(1) of the Principal Act-- (a) in paragraph (e) after "facilities" insert ", services, equipment or supplies"; 10 (b) in paragraph (f) for "or services" (where twice occurring) substitute ", services, equipment or supplies"; (c) after paragraph (f) insert-- "(fa) the extent to which and the conditions 15 on which a hospital is required to obtain or purchase facilities, services, equipment or supplies provided by another hospital or another person or body;". 20 8. New Division 9B inserted After Division 9A of Part 3 of the Principal Act insert-- "Division 9B--Metropolitan health services 65P. Incorporation 25 Each metropolitan health service, by operation of this Act-- (a) is a body corporate with perpetual succession; and (b) shall have an official seal; and 30 (c) may sue and be sued in its corporate name; and 4 541084B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Services (Governance) Act 2000 s. 8 Act No. (d) is capable of purchasing, taking, holding, selling, leasing, taking on lease, exchanging and disposing of real and personal property; and 5 (e) is capable of doing and suffering all acts and things which bodies corporate may by law do or suffer. 65Q. Metropolitan health services do not represent Crown 10 A metropolitan health service does not represent, and shall not be taken to be part of, the Crown. 65R. Objects of metropolitan health services (1) Subject to section 184, the objects of a 15 metropolitan health service are the objects approved by the board of the metropolitan health service and the Secretary. (2) Section 24 applies to the amendment or alteration of the objects of a metropolitan 20 health service. 65S. Board of directors (1) There shall be a board of directors of each metropolitan health service. (2) The functions of the board of a metropolitan 25 health service are-- (a) to monitor the performance of the metropolitan health service; (b) to oversee the management of the metropolitan health service by the chief 30 executive officer; (c) to monitor the performance of the chief executive officer of the metropolitan health service; 5 541084B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Services (Governance) Act 2000 s. 8 Act No. (d) to develop strategic plans for the operation of the metropolitan health service; (e) to develop plans, strategies and budgets 5 to ensure accountable and efficient provision of health services by the metropolitan health service and the long term financial viability of the metropolitan health service; 10 (f) to establish and maintain effective systems to ensure that the health services provided meet the needs of the communities served by the metropolitan health service and that the 15 views of users of health services are taken into account; (g) to ensure effective and accountable systems are in place to monitor and improve the quality and effectiveness 20 of health services provided by the metropolitan health service; (h) to ensure that any problems identified with the quality and effectiveness of health services are addressed in a 25 timely manner and that the metropolitan health service strives to continuously improve quality and foster innovation; (i) to develop arrangements with other 30 health care agencies and health service providers to enable effective and efficient service delivery and continuity of care; (j) to establish the organisational structure, 35 including the management structure, of the metropolitan health service; 6 541084B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Services (Governance) Act 2000 s. 8 Act No. (k) to appoint a person to fill a vacancy in the position of chief executive officer; (l) to establish a Finance Committee, an Audit Committee and a Quality 5 Committee and other committees to assist it in carrying out its functions; (m) to facilitate health research and education; (n) any other functions conferred on the 10 board by or under this Act. (3) The board of a metropolitan health service has such powers as are necessary to enable it to carry out its functions, including the power, subject to section 24, to make, amend 15 or revoke by-laws. 65T. Directors (1) The board of a metropolitan health service shall consist of not less than 6 and not more than 9 persons appointed by the Governor in 20 Council on the recommendation of the Minister. (2) The Governor in Council, on the recommendation of the Minister, may appoint one of the directors of the board to 25 be the chairperson of the board. (3) In making a recommendation under this section, the Minister must ensure that-- (a) the board includes at least one person who is able to reflect the perspectives 30 of users of health services; and (b) women and men are adequately represented. 7 541084B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Services (Governance) Act 2000 s. 8 Act No. (4) In considering a recommendation for the purposes of sub-section (3)(a), the Minister must give preference to a person-- (a) who is not a registered provider within 5 the meaning of the Health Services (Conciliation and Review) Act 1987; and (b) who is not currently or has not recently been employed or engaged in the 10 provision of health services. (5) The Public Sector Management and Employment Act 1998 does not apply to a director of a board of a metropolitan health service in respect of the office of director. 15 65U. Terms and conditions (1) A director of a board of a metropolitan health service holds office for the term, not exceeding 3 years, specified in the instrument of appointment and is eligible for 20 re-appointment. (2) A director of a board of a metropolitan health service must not serve more than 3 consecutive terms as director of that board. (3) A director of a board is entitled to be paid-- 25 (a) reasonable expenses incurred in holding office as a director of the board; and (b) such remuneration as is specified in the instrument of appointment. 30 65V. Removal and resignation (1) A director of a board of a metropolitan health service may resign by writing signed by that person and delivered to the Governor in Council. 8 541084B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Services (Governance) Act 2000 s. 8 Act No. (2) The Governor in Council, on the recommendation of the Minister, may remove a director, or all directors, of a board from office. 5 (3) The Minister must recommend the removal of a director of a board from office if the Minister is satisfied that-- (a) the director is physically or mentally unable to fulfil the role of a director of 10 a board; or (b) the director has been convicted or found guilty of an offence, the commission of which, in the opinion of the Minister, makes the director 15 unsuitable to be a director of a board; or (c) the director has been absent, without leave of the board, from all meetings of the board held during a period of 20 6 months; or (d) the director is an insolvent under administration within the meaning of the Corporations Law. 65W. Disclosure of interest 25 (1) If a director of a board of a metropolitan health service has a direct or indirect pecuniary interest in a matter being considered, or about to be considered, by the board, the director, as soon as practicable 30 after the relevant facts come to the director's knowledge, must disclose the nature of the interest at a meeting of the board. (2) The person presiding at the meeting must cause the declaration to be recorded in the 35 minutes of the meeting. 9 541084B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Services (Governance) Act 2000 s. 8 Act No. (3) A director who has a conflict of interest in a matter-- (a) must not be present during any deliberations on the matter; and 5 (b) is not entitled to vote on the matter. (4) If a director votes on a matter in contravention of sub-section (3)(b), his or her vote must be disallowed. (5) This section does not apply in relation to a 10 matter relating to the supply of goods or services to the director if the goods or services are, or are to be, available to members of the public on the same terms and conditions. 15 65X. Procedure of board Subject to this Part, the procedure of a board of a metropolitan health service is in the discretion of the board. 65Y. Immunity 20 (1) A director of a board of a metropolitan health service is not personally liable for anything done or omitted to be done in good faith-- (a) in the exercise of a power or the 25 discharge of a duty under this Act; or (b) in the reasonable belief that the act or omission was in the exercise of a power or the discharge of a duty under this Act. 30 (2) Any liability resulting from an act or omission that would but for sub-section (1) attach to a director of the board of a metropolitan health service attaches instead to the metropolitan health service. 10 541084B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Services (Governance) Act 2000 s. 8 Act No. 65Z. Validity of acts or decisions An act or decision of a board of a metropolitan health service is not invalid by reason only of-- 5 (a) a defect or irregularity in or in connection with the appointment of a director of the board; or (b) a vacancy in the directorship of the board. 10 65ZA. Advisory committees (1) The board of a metropolitan health service-- (a) must appoint at least one community advisory committee; and (b) must appoint a primary care and 15 population health advisory committee; and (c) may appoint such other advisory committees as it determines. (2) The board of a metropolitan health service 20 must appoint its community advisory committee and its primary care and population health advisory committee within 6 months after the establishment of the metropolitan health service. 25 (3) The board of a metropolitan health service must include in its report of operations under Part 7 of the Financial Management Act 1994, a report on the activities of its advisory committees. 30 65ZB. Community advisory committee (1) Subject to this section, a community advisory committee consists of such number 11 541084B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Services (Governance) Act 2000 s. 8 Act No. of members as the board of the metropolitan health service determines. (2) The board of a metropolitan health service must ensure that the persons appointed to a 5 community advisory committee are persons who are able to represent the views of the communities served by the metropolitan health service. (3) In appointing persons to a community 10 advisory committee, a board must give preference to a person-- (a) who is not a registered provider within the meaning of the Health Services (Conciliation and Review) Act 1987; 15 and (b) who is not currently or has not recently been employed or engaged in the provision of health services. (4) The board of a metropolitan health service 20 must appoint a person to fill a vacancy in the membership of a community advisory committee within 3 months after the vacancy arises. 65ZC. Primary care and population health 25 advisory committee (1) Subject to this section, a primary care and population health advisory committee consists of such number of members as the board of the metropolitan health service 30 determines. (2) A board of a metropolitan health service must ensure that its primary care and population health advisory committee consists of persons who between them have 35 the following knowledge and expertise-- 12 541084B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Services (Governance) Act 2000 s. 8 Act No. (a) expertise in or knowledge of the provision of primary health services in the areas served by the metropolitan health service; 5 (b) expertise in identifying health issues affecting the population served by the metropolitan health service and designing strategies to improve the health of that population; 10 (c) knowledge of the health services provided by local government in the areas served by the metropolitan health service. (3) The board of a metropolitan health service 15 must appoint a person to fill a vacancy in the membership of its primary care and population health advisory committee within 3 months after the vacancy arises. 65ZD. Guidelines of Secretary 20 The Secretary may publish guidelines relating to the composition, role, functions and procedure of advisory committees. 65ZE. Procedure of advisory committees Subject to any guidelines of the Secretary, 25 the procedure of an advisory committee of a metropolitan health service is in its discretion. 65ZF. Strategic plans (1) The board of a metropolitan health service 30 must at the direction of the Minister and at the time or times determined by the Minister, prepare and submit to the Minister for approval a strategic plan for the operation of the metropolitan health service. 13 541084B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Services (Governance) Act 2000 s. 8 Act No. (2) A strategic plan must be prepared in accordance with the guidelines established by the Minister from time to time. (3) The Minister may-- 5 (a) approve a strategic plan; or (b) approve a strategic plan with amendments; or (c) refuse to approve a strategic plan. (4) The board of a metropolitan health service 10 must advise the Minister if it wishes to exercise its functions in a manner inconsistent with its approved strategic plan. 65ZG. Annual meetings (1) The board of a metropolitan health service 15 must ensure that the chief executive officer convenes an annual meeting of the metropolitan health service to be held on or after 1 July and on or before 31 October (or, if the Secretary in writing approves a later 20 date, on or before that later date) in each year. (2) Nothing in sub-section (1) requires an annual meeting of a metropolitan health service to be held before the metropolitan health 25 service has been a metropolitan health service for 12 months. (3) The chief executive officer of the metropolitan health service must cause notice of the annual meeting to be published 30 in a newspaper circulating generally in the area where the metropolitan health service is situated giving notice-- (a) of the date, time and place of the meeting; and 14 541084B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Services (Governance) Act 2000 s. 9 Act No. (b) that the meeting is open to the public. (4) At each annual meeting of a metropolitan health service, the board-- (a) must submit the report of operations 5 and financial statements prepared in accordance with Part 7 of the Financial Management Act 1994; and (b) must report on the health services provided to the community in the 10 preceding year and on health services proposed to be provided in the following year; and (c) must report on such other matters as are prescribed.". 15 9. Confidentiality (1) After section 141(3)(ga) of the Principal Act insert-- "(gb) the giving of information to or by a person, or a person in a class of persons, designated 20 under sub-section (5) in the course of carrying out support functions designated under sub-section (5); or". (2) After section 141(4) of the Principal Act insert-- "(5) For the purposes of sub-section (3)(gb), the 25 Governor in Council, may by Order published in the Government Gazette designate-- (a) a person, or a class or classes of persons, employed or engaged by-- 30 (i) a public hospital or denominational hospital; or (ii) a multi-purpose service; or (iii) a community health centre; and 15 541084B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Services (Governance) Act 2000 s. 10 Act No. (b) support functions carried out or to be carried out by those persons.". 10. New section 157G inserted After section 157F of the Principal Act insert-- 5 "157G. Supreme Court--limitation of jurisdiction It is the intention of section 226 to alter or vary section 85 of the Constitution Act 1975.". 11. New Part 9 inserted 10 After Part 8 of the Principal Act insert-- 'PART 9--TRANSITIONAL PROVISIONS RELATING TO METROPOLITAN HEALTH SERVICES Division 1--Preliminary 15 179. Definitions In this Part-- "instrument" includes a document and an oral agreement; "liabilities" means all liabilities, duties and 20 obligations, whether actual, contingent or prospective; "property" means a legal or equitable estate or interest (whether present or future and whether vested or contingent) in 25 real or personal property of any description; "rights" means all rights, powers, privileges and immunities, whether actual, contingent or prospective. 30 180. Extra-territorial operation 16 541084B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Services (Governance) Act 2000 s. 11 Act No. It is the intention of the Parliament that the operation of this Part should, as far as possible, include operation in relation to the following-- 5 (a) land situated outside Victoria, whether in or outside Australia; (b) things situated outside Victoria, whether in or outside Australia; (c) acts, transactions and matters done, 10 entered into or occurring outside Victoria, whether in or outside Australia; (d) things, acts, transactions and matters (wherever situated, done, entered into 15 or occurring) that would, apart from this Part, be governed or otherwise affected by the law of the Commonwealth, another State, a Territory or a foreign country. 20 Division 2--Establishment of metropolitan health services 181. Order establishing a metropolitan health service (1) The Governor in Council, by Order 25 published in the Government Gazette may, on the recommendation of the Minister, establish a metropolitan health service. (2) If an Order is made under sub-section (1)-- (a) a new metropolitan health service with 30 the name specified in the Order comes into existence; and 17 541084B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Services (Governance) Act 2000 s. 11 Act No. (b) Schedule 5 is amended by the addition of the name of the new metropolitan health service in the appropriate alphabetical position. 5 182. Establishment of first board (1) Despite section 65T, the board of a metropolitan health service that comes into existence under an Order under section 181 consists of the persons (being not less than 6 10 and not more than 9) named in the Order. (2) For the purposes of Division 9B of Part 3, the Order under section 181 constitutes the instrument of appointment of the directors of the board and may include terms and 15 conditions of appointment. 183. Appointment of first chief executive officer (1) The Governor in Council, by Order published in the Government Gazette, may on the recommendation of the Minister, 20 appoint a person to act as the first chief executive officer of a metropolitan health service established by Order under section 181. (2) The Order may specify the period (being not 25 more than 6 months) of appointment and the terms and conditions of appointment of the chief executive officer. (3) If a person is appointed to act as chief executive officer of a metropolitan health 30 service under sub-section (1)-- (a) the person is deemed to have been appointed by the board of the metropolitan health service; and 18 541084B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Services (Governance) Act 2000 s. 11 Act No. (b) the appointment is deemed to be approved by the Secretary under section 25. 184. First by-laws of metropolitan health service 5 (1) The Governor in Council, by Order published in the Government Gazette, may on the recommendation of the Minister, specify the by-laws of a metropolitan health service established by Order under section 10 181. (2) The by-laws must specify the objects including the core objects, of the metropolitan health service. (3) By-laws of a metropolitan health service 15 specified in an Order under sub-section (1) have effect as if made by the board of the metropolitan health service and approved by the Secretary under section 24. 185. Limited period to make Orders 20 An Order under this Division may not be made after the day that is 12 months after the date of commencement of the Health Services (Governance) Act 2000. Division 3--Establishment of community 25 health centres 186. Order establishing a community health centre (1) The Governor in Council, by Order published in the Government Gazette may, 30 on the recommendation of the Minister, establish a community health centre. (2) The Order must specify the area served by the community health centre. 19 541084B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Services (Governance) Act 2000 s. 11 Act No. (3) If an Order is made under sub-section (1)-- (a) a new community health centre with the name specified in the Order comes into existence; and 5 (b) the community health centre is deemed to be an association incorporated under the Associations Incorporation Act 1981; and (c) the community health centre is deemed 10 to be an agency registered under Division 2 of Part 3; and (d) the community health centre named in the Order is deemed to be declared under section 45 to be a community 15 health centre; and (e) the area specified in the Order is deemed to be declared under section 45 to be the area served by the community health centre. 20 187. Establishment of first board of management (1) Despite section 46, the board of management of a community health centre that comes into existence under an Order under section 186 25 consists of the persons named in the Order. (2) The Order under section 186 is deemed for the purposes of Division 6 of Part 3 to be the instrument of appointment of the members of the board of management and may include 30 terms and conditions of appointment. (3) A member of the board of management may be appointed under the Order until the day that is 12 months after the date of commencement of the Health Services 20 541084B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Services (Governance) Act 2000 s. 11 Act No. (Governance) Act 2000 or for a lesser period specified in the Order. 188. First rules of community health centre (1) The Governor in Council, by Order 5 published in the Government Gazette, may on the recommendation of the Minister, specify the rules of a community health centre established by Order under section 186. 10 (2) The rules of a community health centre specified in an Order under sub-section (1) have effect as if made and approved under the Associations Incorporation Act 1981. (3) An Order under sub-section (1) may 15 incorporate the model rules under the Associations Incorporation Act 1981 subject to any variations specified in the Order. 189. Limited period to make orders 20 An Order under this Division may not be made after the day that is 12 months after the date of commencement of the Health Services (Governance) Act 2000. Division 4--Appointment of administrator 25 190. Appointment of administrator (1) The Governor in Council, on the recommendation of the Minister, may appoint an administrator for a metropolitan hospital. 30 (2) The appointment may be for such period and subject to such terms and conditions as are specified in the instrument of appointment. 21 541084B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Services (Governance) Act 2000 s. 11 Act No. (3) On the appointment of an administrator to a metropolitan hospital under this section-- (a) the directors of the board of the metropolitan hospital cease to hold 5 office; and (b) the chief executive officer of the metropolitan hospital goes out of office; and (c) sections 40E, 40F and 40G cease to 10 apply in relation to the board of that hospital and continue not so to apply during the period of appointment of the administrator. (4) Section 61 does not apply to the appointment 15 of an administrator under this Division. (5) Sections 61 and 62 do not apply to a metropolitan hospital for which an administrator has been appointed under this Division. 20 (6) The Governor in Council, on the recommendation of the Minister, may at any time revoke the appointment of an administrator and if necessary appoint a new administrator for a metropolitan hospital. 25 191. Functions of administrator (1) The functions of an administrator of a metropolitan hospital are-- (a) to carry out the functions of the board of the metropolitan hospital; and 30 (b) to facilitate the transfer of property, rights and liabilities of a metropolitan hospital to another agency or other agencies or to the Crown under this Part. 22 541084B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Services (Governance) Act 2000 s. 11 Act No. (2) An administrator of a metropolitan hospital appointed under this Division has and may exercise all the powers and functions and is subject to all the duties of the board of the 5 metropolitan hospital under, and comprises that board for the purposes of, this Act and the by-laws of the metropolitan hospital. 192. Direction of Secretary An administrator appointed under this 10 Division is subject to the direction of the Secretary in the exercise of the administrator's functions and powers and the performance of the administrator's duties under this Division. 15 Division 5--Transfer of property, rights and liabilities of metropolitan hospitals on cancellation of incorporation 193. Definitions In this Division-- 20 "transferring hospital", in relation to an Order under section 181, means a metropolitan hospital the incorporation of which is cancelled under the Order; "effective date", in relation to an Order 25 under section 181, means the date specified in the Order to be the effective date of that Order; "new health service", in relation to an Order under section 181, means the 30 metropolitan health service which comes into existence under that Order; "old instrument" means an instrument subsisting immediately before the 23 541084B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Services (Governance) Act 2000 s. 11 Act No. effective date of an Order under section 181-- (a) to which a transferring hospital was a party; or 5 (b) that was given to or in favour of a transferring hospital; or (c) that refers to a transferring hospital; or (d) under which-- 10 (i) money is, or may become, payable to or by a transferring hospital; or (ii) other property is to be, or may become liable to be, 15 transferred to or by a transferring hospital; "transferred hospital employee" means a person who, by reason of section 204(1), is regarded as being employed 20 by a new health service with effect from the effective date of an Order under section 181. 194. Cancellation of incorporation of metropolitan hospital 25 (1) If the Minister recommends to the Governor in Council the establishment of a metropolitan health service by Order under section 181, the Minister may also recommend to the Governor in Council that 30 the Order cancel the incorporation of a metropolitan hospital. (2) If the Minister recommends the cancellation of the incorporation of a metropolitan hospital, the Governor in Council may 24 541084B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Services (Governance) Act 2000 s. 11 Act No. provide for the cancellation of the incorporation in an Order made under section 181. 195. Transfer from metropolitan hospital to 5 metropolitan health service If an Order is made under section 181 cancelling the incorporation of a metropolitan hospital, then on a date specified in the Order-- 10 (a) the incorporation of the metropolitan hospital to which the Order relates is cancelled; and (b) Schedule 3 is amended by the omission of the name of that metropolitan 15 hospital; and (c) the directors of the board of the metropolitan hospital go out of office; and (d) the chief executive officer of the 20 metropolitan hospital goes out of office. 196. New metropolitan health service to be successor in law On the coming into existence of a metropolitan health service under an Order 25 under section 181 which also cancels the incorporation of a metropolitan hospital-- (a) all property and rights of the transferring hospital, wherever located, vest in the new health service; and 30 (b) all liabilities of the transferring hospital, wherever located, become liabilities of the new health service; and 25 541084B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Services (Governance) Act 2000 s. 11 Act No. (c) the new health service becomes the successor in law of the transferring hospital; and (d) on and from the effective date of the 5 Order, the transferring hospital must, for the purposes of any trust in relation to that hospital, be taken not to have had its incorporation cancelled and the new health service must be taken to be 10 the same body as the transferring hospital for those purposes. 197. Substitution of party to agreement Where, under section 196, the rights and liabilities of a transferring hospital under an 15 agreement vest in, or become liabilities of, a new health service-- (a) the new health service becomes, on the effective date of the Order, a party to the agreement in place of the 20 transferring hospital; and (b) on and after the effective date of the Order, the agreement has effect as if the new health service had always been a party to the agreement. 25 198. Old instruments (1) Each old instrument (including an instrument made under an Act) has effect and continues to have effect according to its tenor on and after the effective date of an Order under 30 section 181 as if a reference in the instrument to a transferring hospital were a reference to the new health service. (2) Without limiting the effect of sub-section (1), on and from the effective date of an 26 541084B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Services (Governance) Act 2000 s. 11 Act No. Order under section 181, an instrument creating a trust in relation to-- (a) a transferring hospital to which the Order relates; or 5 (b) a former agency of which such a transferring hospital is the successor agency-- has effect and continues to have effect according to its tenor as if the trust were in 10 relation to the new health service. 199. Proceedings If, immediately before the effective date of an Order under section 181, proceedings (including arbitration proceedings) to which 15 a transferring hospital was a party were pending or existing in any court or tribunal, then, on and after the publication of the Order, the new health service is substituted for the transferring hospital as a party to the 20 proceedings and has the same rights in the proceedings as the transferring hospital had. 200. Interests in land Without prejudice to the generality of this Division and despite anything to the contrary 25 in any other Act or law, if, immediately before the effective date of an Order under section 181, a transferring hospital is the registered proprietor of an interest in land under the Transfer of Land Act 1958, on 30 and after that date-- (a) the new health service is to be taken to be the registered proprietor of that interest in land; and 27 541084B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Services (Governance) Act 2000 s. 11 Act No. (b) the new health service has the same rights and remedies in respect of that interest as the transferring hospital had. 201. Amendment of Register 5 The Registrar of Titles, on being requested to do so and on delivery of any relevant certificate of title or instrument, must make any amendments in the Register that are necessary because of the operation of this 10 Division. 202. Taxes No stamp duty or other tax is chargeable under any Act in respect of anything effected by or done under this Division or in respect 15 of any act or transaction connected with or necessary to be done by reason of this Division, including a transaction entered into or an instrument made, executed, lodged or given. 20 203. Evidence (1) Documentary or other evidence that would have been admissible for or against the interests of a transferring hospital if an Order had not been made under section 181, is 25 admissible for or against the interests of the new health service. (2) Division 3A of Part III of the Evidence Act 1958 continues to apply with respect to the books of account of a transferring hospital 30 and to entries made in those books of account before the effective date of an Order under section 181. (3) In sub-section (2), "books of account" has the same meaning as in Division 3A of 35 Part III of the Evidence Act 1958. 28 541084B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Services (Governance) Act 2000 s. 11 Act No. 204. Transfer of hospital employees to new health service (1) A person who, immediately before the effective date of an Order under section 181, 5 was an employee (other than the chief executive officer) of a transferring hospital is to be regarded as-- (a) having been employed by the new health service with effect from that 10 date; and (b) having been so employed on the same terms and conditions as those that applied to the person, immediately before that date, as an employee of the 15 transferring hospital; and (c) having accrued an entitlement to benefits, in connection with that employment by the new health service, that is equivalent to the entitlement that 20 the person had accrued, as an employee of the transferring hospital immediately before that date. (2) The service of a transferred hospital employee as an employee of the new health 25 service is to be regarded for all purposes as having been continuous with the service of the employee, immediately before the effective date of the Order under section 181, as an employee of the transferring hospital. 30 (3) A transferred hospital employee is not entitled to receive any payment or other benefit by reason only of having ceased to be an employee of the transferring hospital because of this Division. 29 541084B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Services (Governance) Act 2000 s. 11 Act No. (4) A certificate purporting to be signed by the chief executive officer of the new health service certifying that a person named in the certificate was, with effect from the effective 5 date of the Order under section 181, employed, by virtue of this section by the new health service is admissible in evidence in any proceedings and is conclusive proof of the matters stated in it. 10 205. Future terms and conditions of transferred employees Nothing in section 204 prevents-- (a) any of the terms and conditions of employment of a transferred hospital 15 employee from being altered by or under any law, award or agreement with effect from any time after the effective date of the Order under section 181; or 20 (b) a transferred hospital employee from resigning, or the termination of a transferred hospital employee's employment, at any time after the effective date of the Order in 25 accordance with the then existing terms and conditions of the employee's employment by the new health service. Division 6--Transfer of property, rights and liabilities before cancellation of incorporation 30 of metropolitan hospital 206. Definitions In this Division-- "effective date", in relation to an Order under section 208, 214 or 215, means 30 541084B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Services (Governance) Act 2000 s. 11 Act No. the date specified in the Order to be the effective date of that Order; "former hospital property" means property, rights or liabilities of a 5 metropolitan hospital that, under this Division, have vested in, or become liabilities of, a metropolitan health service or community health centre; "old instrument" means an instrument 10 subsisting immediately before the effective date of an Order under section 208-- (a) to which a transferring hospital was a party; or 15 (b) that was given to or in favour of a transferring hospital; or (c) that refers to a transferring hospital; or (d) under which-- 20 (i) money is, or may become, payable to or by a transferring hospital; or (ii) other property is to be, or may become liable to be, 25 transferred to or by a transferring hospital; "staff transfer date" in relation to a list referred to in section 220 means the date fixed by the Minister under 30 section 219 as the staff transfer date for the purposes of that list; "transferred hospital employee" means a person who, by reason of section 221 is regarded as being employed by a 31 541084B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Services (Governance) Act 2000 s. 11 Act No. metropolitan health service or a community health centre with effect from the relevant staff transfer date; "transferring hospital", in relation to an 5 Order under section 208, means the metropolitan hospital specified in the Order. 207. Division to prevail If there is any inconsistency between this 10 Division and Division 9A of Part 3, this Division prevails to the extent of the inconsistency. 208. Transfer Order (1) The Governor in Council, by Order 15 published in the Government Gazette, may, on the recommendation of the Minister-- (a) allocate to a metropolitan health service such of the property, rights and liabilities of a metropolitan hospital as 20 are specified in the Order; or (b) allocate to a community health centre such of the property, rights and liabilities of a metropolitan hospital as are specified in the Order. 25 (2) Without limiting sub-section (1), an Order under that sub-section may allocate property, rights and liabilities by reference-- (a) to a campus of a metropolitan hospital or other place; or 30 (b) to a class or category of property, rights or liabilities; or (c) to a combination of paragraphs (a) and (b). 32 541084B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Services (Governance) Act 2000 s. 11 Act No. 209. Property rights and liabilities transferred to metropolitan health service or community health centre If an Order is made under section 208, then 5 on the effective date of the Order-- (a) all property and rights of the transferring hospital specified in the Order vest in the metropolitan health service or community health centre 10 specified in the Order; and (b) all liabilities of the transferring hospital specified in the Order become liabilities of the metropolitan health service or community health centre specified in 15 the Order; and (c) the metropolitan health service or community health centre specified in the Order becomes the successor in law of the transferring hospital in relation to 20 the property, rights and liabilities specified in the Order. 210. Substitution of party to agreement If, under section 209, the rights and liabilities of a transferring hospital under an 25 agreement vest in, or become liabilities of, a metropolitan health service or community health centre-- (a) the metropolitan health service or community health centre becomes, on 30 the effective date of the relevant Order under section 208, a party to the agreement in place of the transferring hospital; and (b) on and after the effective date of the 35 relevant Order under section 208, the 33 541084B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Services (Governance) Act 2000 s. 11 Act No. agreement has effect as if the metropolitan health service or community health centre had always been a party to the agreement. 5 211. Proceedings If, immediately before the effective date of an Order under section 208, proceedings relating to former hospital property (including arbitration proceedings) to which 10 a transferring hospital was a party were pending or existing in any court or tribunal, then, on and after the effective date of the relevant Order, the metropolitan health service or community health centre specified 15 in the Order is substituted for the transferring hospital as a party to the proceedings and has the same rights in the proceedings as the transferring hospital had. 212. Interests in land 20 Without prejudice to the generality of this Division and despite anything to the contrary in any other Act or law, if immediately before the effective date of an Order under section 208, a transferring hospital is, in 25 relation to former hospital property, the registered proprietor of an interest in land under the Transfer of Land Act 1958, then on and after that date-- (a) the metropolitan health service or 30 community health centre specified in the Order is to be taken to be the registered proprietor of that interest in land; and (b) the metropolitan health service or 35 community health centre specified in the Order has the same rights and 34 541084B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Services (Governance) Act 2000 s. 11 Act No. remedies in respect of that interest as the transferring hospital had. 213. Old instruments (1) Each old instrument relating to property 5 rights and liabilities of a metropolitan hospital that, under this Division, have vested in, or become liabilities of, a metropolitan health service or community health centre has effect and continues to 10 have effect according to its tenor on and after the effective date of the relevant Order under section 208 as if a reference in the instrument to the transferring hospital were a reference to the metropolitan health service 15 or community health centre specified in the Order. (2) This section does not apply to an instrument creating a trust to which section 214 or 215 applies. 20 214. Trusts in respect of metropolitan hospitals existing on 31 July 1995 (1) The Governor in Council, by Order published in the Government Gazette, may, on the recommendation of the Minister, 25 designate a metropolitan health service as the successor of a metropolitan hospital existing on 31 July 1995 and designated in the Order, for the purposes of any trust in relation to that metropolitan hospital. 30 (2) The Minister must not recommend the designation of a metropolitan health service or metropolitan hospital under sub-section (1) unless the Minister is satisfied that the metropolitan health service is the appropriate 35 successor for the metropolitan hospital having regard, where relevant, to the 35 541084B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Services (Governance) Act 2000 s. 11 Act No. campuses operated or to be operated by the metropolitan health service. (3) On and from the effective date of an Order under this section, an instrument creating a 5 trust in relation to-- (a) a metropolitan hospital designated in the Order; or (b) a former agency of which the metropolitan hospital is the successor 10 agency-- has effect and continues to have effect according to its tenor as if the trust were in relation to the metropolitan health service designated in the Order as the successor of 15 the metropolitan hospital. (4) On and from the effective date of an Order under this section, a metropolitan health service designated in the Order must, for the purposes of any trust in relation to a 20 metropolitan hospital designated in the Order, be taken to be the same body as that metropolitan hospital. (5) This section has effect despite anything to the contrary in sections 65D and 65F. 25 215. Trusts in respect of metropolitan hospitals created on or after 1 August 1995 (1) The Governor in Council, by Order published in the Government Gazette, may, on the recommendation of the Minister, 30 designate a metropolitan health service as the successor of a metropolitan hospital created on or after 1 August 1995 and designated in the Order, for the purposes of any trust or class or category of trusts specified in the 36 541084B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Services (Governance) Act 2000 s. 11 Act No. Order in relation to the metropolitan hospital. (2) The Minister must not recommend the designation of a metropolitan health service 5 or metropolitan hospital under sub-section (1) unless the Minister is satisfied that the metropolitan health service is the appropriate successor for the metropolitan hospital having regard, where relevant, to the 10 campuses operated or to be operated by the metropolitan health service. (3) On and from the effective date of an Order under this section, an instrument creating a trust specified, or in a class or category 15 specified, in the Order in relation to a metropolitan hospital designated in the Order has effect and continues to have effect according to its tenor as if the trust were in relation to the metropolitan health service 20 designated in the Order as the successor of the metropolitan hospital. (4) On and from the effective date of an Order under this section, a metropolitan health service designated in the Order must, for the 25 purposes of any trust specified, or in a class or category specified, in the Order in relation to a metropolitan hospital designated in the Order, be taken to be the same body as that metropolitan hospital. 30 (5) This section has effect despite anything to the contrary in sections 65D and 65F. 216. Amendment of the Register The Registrar of Titles, on being requested to do so and on delivery of any relevant 35 certificate of title or instrument, must make any amendments in the Register that are 37 541084B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Services (Governance) Act 2000 s. 11 Act No. necessary because of the operation of this Division. 217. Taxes No stamp duty or other tax is chargeable 5 under any Act in respect of anything effected by or done under this Division or in respect of any act or transaction connected with or necessary to be done by reason of this Division, including a transaction entered into 10 or an instrument made, executed, lodged or given. 218. Evidence (1) Documentary or other evidence that would have been admissible for or against the 15 interests of a transferring hospital if an Order had not been made under section 208, is admissible for or against the interests of the metropolitan health service or community health centre specified in the Order. 20 (2) Division 3A of Part III of the Evidence Act 1958 continues to apply with respect to the books of account of a transferring hospital and to entries made in those books of account before the effective date of an Order 25 under section 208, whether or not they relate to former hospital property. (3) In sub-section (2), "books of account" has the same meaning as in Division 3A of Part III of the Evidence Act 1958. 30 219. Staff transfer date (1) The Minister, by notice published in the Government Gazette, may determine a date that is to be the staff transfer date for the purposes of a list under section 220. 38 541084B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Services (Governance) Act 2000 s. 11 Act No. (2) The Minister may give more than one notice under this section in respect of a metropolitan hospital. 220. List of staff 5 (1) Before the relevant staff transfer date, the Secretary must prepare a list of employees (other than the chief executive officer) of a metropolitan hospital who are to become employees of a metropolitan health service 10 or community health centre on that date. (2) The list may specify the employees-- (a) by name or position; or (b) by class or category; or (c) by reference to a campus of a 15 metropolitan hospital or other place; or (d) by any combination of paragraphs (a) to (c). (3) The list must specify the metropolitan health service or community health centre which on 20 the staff transfer date is to become the employer of each employee specified on the list. (4) Nothing in this section prevents a person specified on a list as an employee of a 25 metropolitan hospital from resigning or being dismissed at any time before the relevant staff transfer date in accordance with the terms and conditions of his or her employment. 30 221. Transfer of staff (1) A person listed as an employee of a metropolitan hospital in a list prepared under section 220 who was such an employee 39 541084B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Services (Governance) Act 2000 s. 11 Act No. immediately before the relevant staff transfer date is to be regarded as-- (a) having been employed by the metropolitan health service or 5 community health centre specified in the list with effect from the staff transfer date; and (b) having been so employed on the same terms and conditions as those that 10 applied to the person, immediately before the staff transfer date, as an employee of the metropolitan hospital; and (c) having accrued an entitlement to 15 benefits, in connection with that employment with the metropolitan health service or community health centre, that is equivalent to the entitlement that the person had accrued, 20 as an employee of the metropolitan hospital immediately before the staff transfer date. (2) The service of a transferred hospital employee as an employee of the 25 metropolitan health service or community health centre is to be regarded for all purposes as having been continuous with the service of the transferred hospital employee, immediately before the relevant staff transfer 30 date, as an employee of the metropolitan hospital. (3) A transferred hospital employee is not entitled to receive any payment or other benefit by reason only of having ceased to be 40 541084B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Services (Governance) Act 2000 s. 11 Act No. an employee of a metropolitan hospital because of this Division. (4) A certificate purporting to be signed by the chief executive officer of the metropolitan 5 health service or community health centre certifying that a person named in the certificate was, with effect from the relevant staff transfer date, employed, by virtue of this section by the metropolitan health 10 service or community health centre named in the certificate is admissible in evidence in any proceedings and is conclusive proof of the matters stated in it. 222. Future terms and conditions of transferred 15 employees Nothing in section 221 prevents-- (a) any of the terms and conditions of employment of a transferred hospital employee from being altered by or 20 under any law, award or agreement with effect from any time after the relevant staff transfer date; or (b) a transferred hospital employee from resigning, or the termination of a 25 transferred hospital employee's employment, at any time after the relevant staff transfer date in accordance with the then existing terms and conditions of his or her 30 employment by the metropolitan health service or community health centre. 223. Abolition of metropolitan hospital (1) An administrator appointed under Division 4 in respect of a metropolitan hospital may 35 recommend to the Minister that the 41 541084B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Services (Governance) Act 2000 s. 11 Act No. incorporation of that metropolitan hospital be cancelled. (2) If a recommendation is made under sub- section (1) and the Minister is satisfied that 5 as far as practicable the property, rights and liabilities of the metropolitan hospital have been transferred to another agency or other agencies, the Minister may recommend to the Governor in Council that the 10 incorporation of the metropolitan hospital be cancelled. (3) The Governor in Council, on a recommendation under sub-section (2), may by Order published in the Government 15 Gazette, cancel the incorporation of a metropolitan hospital. (4) If an Order is made under this section, then on the date specified in the Order-- (a) the incorporation of the metropolitan 20 hospital to which the Order relates is cancelled; and (b) Schedule 3 is amended by the omission of the name of the metropolitan hospital. 25 224. Effect of Order (1) On the cancellation of the incorporation of a metropolitan hospital under section 223-- (a) all property and rights of the metropolitan hospital, wherever 30 located, vest in the Crown; and (b) all liabilities of the metropolitan hospital, wherever located, become liabilities of the Crown; and 42 541084B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Services (Governance) Act 2000 s. 11 Act No. (c) the Crown becomes the successor in law of the metropolitan hospital in respect of that property and those rights and liabilities; and 5 (d) this Division applies as if any reference-- (i) to an Order under section 208 were a reference to an Order under section 223; and 10 (ii) to former hospital property were a reference to property, rights and liabilities vested in the Crown under this sub-section; and (iii) to a metropolitan health service 15 were a reference to the Crown. (2) This section does not apply to a trust. Division 7--General 225. Validity of things done under this Part Nothing effected by this Part or suffered 20 under this Part-- (a) is to be regarded as placing any person in breach of contract or confidence or as otherwise making any of them guilty of a civil offence; or 25 (b) is subject to compliance with or is to be regarded as placing any person in breach of or as constituting a default under any Act or other law or any provision in any agreement, 30 arrangement or understanding including, without limiting the generality of the foregoing, any 43 541084B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Services (Governance) Act 2000 s. 11 Act No. provision prohibiting, restricting or regulating the assignment or transfer of any property or right or the disclosure of any information; or 5 (c) is to be regarded as fulfilling any condition which allows a person to exercise a power, right or remedy in respect of or to terminate any agreement or obligation; or 10 (d) is to be regarded as giving rise to any remedy for a party to a contract or an instrument or as causing or permitting the termination of any contract or instrument because of a change in the 15 beneficial or legal ownership of any property, right or liability; or (e) is to be regarded as causing any contract or instrument to be void or otherwise unenforceable; or 20 (f) is to be regarded as frustrating any contract; or (g) releases any surety or other obligee wholly or in part from any obligation. 226. Operation of provisions not subject to 25 review Nothing done under Division 2, 3, 5 or 6 or section 190 gives rise to any cause or right of action or application before any court or tribunal. 30 227. Application of property cy-pres not affected (1) Nothing in section 198(2) in relation to an Order under section 181 affects the operation of-- 44 541084B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Services (Governance) Act 2000 s. 11 Act No. (a) an order of a court for the application of property cy-pres made before the effective date of that Order; or (b) a scheme or authority for the 5 application of property cy-pres sanctioned or given by the Attorney- General under the Charities Act 1978 before the effective date of that Order. (2) Nothing in section 214 or 215 in relation to 10 an Order under section 214 or 215 affects the operation of-- (a) an order of a court for the application of property cy-pres made before the effective date of that Order; or 15 (b) a scheme or authority for the application of property cy-pres sanctioned or given by the Attorney- General under the Charities Act 1978 before the effective date of that Order. 20 228. Application to trusts whenever created The amendments made to this Act by the Health Services (Governance) Act 2000 apply with respect to a trust (within the meaning of section 3(1)) in relation to a 25 body, whether the trust was created before, on or after the commencement of section 11 of that Act. 229. Saving of quality assurance bodies (1) This section applies to a committee, council 30 or other body established by one or more metropolitan hospitals and declared to be an approved quality assurance body under section 139. (2) The Minister, by notice published in the 35 Government Gazette, may declare that a 45 541084B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Services (Governance) Act 2000 s. 12 Act No. designated committee, council or body to which this section applies is to be taken to be a body established by a designated metropolitan health service. 5 (3) On the publication of a notice under sub- section (2)-- (a) the notice has effect according to its tenor; and (b) the declaration of the designated 10 committee, council or body under section 139 continues to have effect and may be revoked in accordance with that section. (4) This section has effect despite anything to 15 the contrary in the by-laws of the designated metropolitan health service.'. 12. New Schedule 5 inserted After Schedule 4 of the Principal Act insert-- " SCHEDULE 5 METROPOLITAN HEALTH SERVICES 20 ". 13. Amendment of Mental Health Act 1986 After section 120A(3)(g) of the Mental Health Act 1986 insert-- "(ga) the giving of information to or by a person, 25 or a person in a class of persons, designated under section 141(5) of the Health Services Act 1988 in the course of carrying out support functions designated under that provision; or". 30 46 541084B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Services (Governance) Act 2000 Notes Act No. NOTES By Authority. Government Printer for the State of Victoria. 47 541084B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

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