Victorian Consolidated Legislation

Health Act 1958 - SECT 6

Secretary1

6. Secretary1











(1) The person who is for the time being the Department Head (within the
meaning of the Public Administration Act 2004) of the Department and the
successors in office of that person are a body corporate under the name
"Secretary to the Department of Human Services" and by that name-

   (a)  has perpetual succession and a corporate seal; and

   (b)  is capable in law-

   (i)  of suing and being sued; and

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

   (iii) of doing and suffering all such acts and things as bodies corporate
        may by law do and suffer and that are necessary for or incidental to
        the purposes of this or any other Act.

(2) The body corporate under subsection (1) is the successor in law of the
body corporate established under section 6(2) of this Act as in force
immediately before the commencement of section 5 of the Health and Community
Services (General Amendment) Act 1993.

(3) Any act required to be done by the Secretary under this Act or any other
Act that requires dealing with an interest in land or that is intended to bind
any person holding the office of Department Head (within the meaning of the
Public Administration Act 2004) of the Department and that person's successors
in office must be done by the body corporate established under this section.

(4) A reference in any Act other than this Act or in any document to the
Secretary of the Department (however expressed) must be taken to be a
reference to the Secretary within the meaning of section 3.