Victorian Consolidated Legislation
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HEALTH SERVICES ACT 1988
No. 49 of 1988
Version incorporating amendments as at 22 September 2011
TABLE OF PROVISIONS
Section Page
PART 1-PRELIMINARY
1. Purpose
2. Commencement
3. Definitions
4. Interpretation: health service establishment
5. Interpretation: day procedure centre
5A. Interpretation: trust instruments
6. State funded residential care service
7. Designated public hospital
8. Amendment of Schedules 9. Objectives
10. Principles applying to hostels, nursing homes and supported
residential services
11. Exemptions
11A. Principal function of the Secretary
PART 2-HEALTH SERVICES DEVELOPMENT
GUIDELINES
12. Preparation of draft guidelines
13. Notice of draft guidelines
14. Approval of guidelines
15. Publication of approved guidelines
16. Operation of guideline
17. Revocation of guideline
PART 2A-PUBLIC HOSPITAL SERVICES PRINCIPLES
17AA. Public hospital services principles
PART 3-AGENCIES
Division 1-Public funding
17AB. Definition
17A. Power to fund agencies
18. Criteria for public funding of agencies
Division 1A-Case mix funding
18A. Definition
18B. Case mix auditors
18C. Functions of case mix auditors
18D. Powers of case mix auditors
18E. Confidentiality requirements
18F. Repealed
Division 2-Registration of certain agencies
19. Definition
20. Registration as condition of funding
21. Conditions of registration
22. Registration
Division 3-Registered funded agencies
23. Repealed
24. Rules of registered funded agency
25. Chief executive officer
26. Health service agreements
27. Interim funding statements
28. Limits or controls on expenditure or entering into of contracts
etc.
29. Power to invest
30. Approved borrowers and guarantees
Division 4-Public hospitals
31. Incorporation
31A. Public hospitals do not represent Crown
32. Objects and functions of public hospitals
33. Board of management
34. Terms and conditions of appointment
35. Removal and resignation
36. Annual meetings
37. Procedure of board
38. Membership of board not office of profit
38A. Immunity
39. Repealed
40. Validity of acts or decisions
40A. Notice of proposed direction
40B. Minister may issue directions
40C. Appointment of delegate to board
40D. Functions of delegate
40E. Obligations of board to delegate
Division 4A-Repealed
40F-40L Repealed
Division 5-Public hospitals and denominational hospitals
41. Powers and duties
42. Hospital must comply with directions of Secretary
43. Public hospitals and denominational hospitals excluded from
Corporations legislation
44. Trustees' power to transfer certain property
44A. Statement of priorities for denominational hospitals
Division 6-Registered community health centres
45. Application for registration
46. Further information
47. Registration criteria
48. Registration
49. Conditions on registration
50. Refusal of registration
51. Minister may determine performance standards
52. Subject matter of performance standards
53. Community health centre to comply with performance
standards
54. Secretary may give directions
55. What happens if a registered community health centre fails to
comply with the Secretary's direction?
56. Secretary may revoke registration
57. Displacement of other laws-appointment of administrator
57A. Appointment of administrator
57B. Cancellation of registration of community health centre
57C. Application for review by VCAT
57D. Register of registered community health centres
Division 8-Censure etc.
58. Powers of Minister
59. Censure
60. Suspension of admissions
61. Appointment of administrator
62. Closure
Division 8A-Audits of public hospitals, public health services,
multi purpose services and denominational hospitals
63. Definition
63A. Secretary may commission audits
63B. Appointment or engagement of auditors
63C. Powers of auditors
63D. Confidentiality requirements
Division 9-Amalgamation of registered funded agencies
64. Proposal for amalgamation
64A. Voluntary amalgamations
65. Governor in Council may order amalgamation
Division 9A-Aggregation of metropolitan hospitals
65A. Definitions
65B. Extra-territorial operation
65C. Aggregation
65D. New metropolitan hospital to be successor in law
65E. Substitution of party to agreement
65F. Old instruments
65FA. Trusts in relation to aggregated hospitals
65G. Proceedings
65H. Interests in land
65I. Amendment of Register
65J. Taxes
65K. Evidence
65L. Transfer of aggregated hospital staff to new hospital
65M. Future terms and conditions of transferred employees
65N. Validity of things done under this Division
65O. Operation of Division not subject to review
Division 9B-Public health services
65P. Incorporation
65Q. Public health services do not represent the Crown
65R. Objects of public health services
65S. Board of directors
65T. Directors
65U. Terms and conditions
65V. Removal and resignation
65W. Disclosure of interest
65X. Procedure of board
65XA. Chief executive officer
65XB. Functions of the chief executive officer
65Y. Immunity
65Z. Validity of acts or decisions
65ZAA. Appointment of delegate to board
65ZAB. Functions of delegate
65ZAC. Obligations of board to delegate
65ZA. Advisory committees
65ZB. Community advisory committee
65ZC. Primary care and population health advisory committee
65ZD. Guidelines of Secretary
65ZE. Procedure of advisory committees
65ZF. Strategic plans
65ZFA. When statement of priorities to be prepared
65ZFB. Content of statement of priorities
65ZG. Annual meetings
66. Notice of proposed direction
66A. Minister may issue directions
Division 10-Compulsory acquisition of land
67. Acquisition
68. Acquired land to vest in the Crown
69. Power to reserve and grant land to agency
PART 3A-PUBLIC HOSPITAL PATIENT SERVICES AGREEMENTS
Division 1-Definitions
69A. Definitions
Division 2-Agreements
69B. Minister may enter into public hospital patient services
agreements
69C. Matters that may be included in agreement
69D. Agreement to run with land
69E. Rights of access
69F. Right of intervention in management
69G. Application of FOI Act
69H. Investigation of administrative actions
69I. Application of Land Act
PART 4-HEALTH SERVICE ESTABLISHMENTS
Division 1-Approval in principle
70. Application
71. Criteria for grant of approval in principle
72. Decision on application
73. Certificate of approval in principle
74. Transfer or variation of certificate
75. Revocation of certificate
76. Voluntary revocation of certificate
Division 2-Repealed
77-81. Repealed
Division 3-Registration
82. Application
83. Criteria for registration
84. Decision on application
85. Certificate of registration
86. Change of directors etc.
87. Annual fees
88. Renewal of registration
89. Criteria for renewal of registration
90. Decision on application
91. Certificate of renewal
92. Variation of registration
93. Criteria for variation of registration
94. Decision on application
95. Variation of registration without application
95A. Cancellation of registration
96. Endorsement of certificate of registration
97. Legal personal representatives
Division 4-Censure etc.
98. Repealed
99. Powers of Minister-supported residential services
100. Censure
101. Suspension of admissions
102. Revocation of registration of health service establishment
103. Appointment of administrator of supported residential
service
Division 5-General
104. Notification of decisions by Chief General Manager
104A. Application deemed withdrawn
105. Directions of Secretary
106. Residential statements
106A. Resident's interim and on-going care plans
106B. Information for prospective residents
106C. Notice to vacate
107. Sick residents of supported residential services
108. Medical examination or further care
108A. Privacy, dignity and security of residents
108B. Personal hygiene of residents
108C. Medication for residents
108D. Suitable nutrition for residents
108E. Mobility and sensory function of residents
108F. Notification of certain matters to next of kin etc.
108G. Procedures for resident complaints
108H. Money of a resident
108HA. Management or control of resident's money by
proprietor
108HB. Proprietor may give directions relating to resident's
money
108HC. Proprietor to give notice of sections 108HA and 108HB.
108HD. Proprietor or close associate not to be resident's
administrator or resident's guardian
108I. Maintenance and cleanliness of supported residential
service
108J. Communications systems in supported residential service
108K. Supply of water must be safe
108L. Minimum staff requirements
108M. Prohibited and reportable transactions
108N. Proprietor or close associate not to enter into prohibited
transactions
108O. Proprietor to give notice of sections 108M, 108P, 108Q and
108R. 108P. Reportable transactions
108Q. Cooling off period
108R. Remedies
108S. Proprietor to notify Secretary of offences
109. Records
110. Reviews
111. Offence to carry on business if establishment or proprietor not
registered
112. Offence to provide excess beds or accommodation
113. Offences relating to day procedure centres and private
hospitals
114. Offence to contravene condition of registration
115. Offence to build etc. without approval in principle
PART 4A-MULTI PURPOSE SERVICES
115A. Declaration and incorporation
115B. Multi purpose services do not represent Crown
115C. Objects and functions of multi purpose services
115D. Powers
115E. Board of management
115F. Terms and conditions of appointment
115G. Removal and resignation
115H. Annual meetings
115I. Procedure of board
115J. Membership of board not office of profit
115JA. Immunity
115K. Repealed
115L. Validity of acts or decisions
115M. Secretary may give directions
115N. Rules of multi purpose service
115O. Service agreements
115P. Health service agreements
115Q. Powers of Minister
115R. Appointment of administrator
115S. Closure
115T. Amalgamations
115U. Governor in Council may order amalgamation
115V. Transitional
PART 5-COMMUNITY (RESIDENTIAL SERVICES)
VISITORS
116. Appointment
116A. Definition
117. Functions of a visitor
118. Panels
119. Visiting designated public hospitals and supported residential
services
120. Powers of inspection
121. Request to see a visitor
122. Record of visits
123. Reports by visitors
124. Terms and conditions of appointment
125. Resignation and removal from office
126. Secrecy provision
126A. Immunity of visitors
127. Community (Residential Services) Visitors Board
128. Annual report of visitors
PART 6-HEALTH PURCHASING VICTORIA
Division 1-Establishment
129. Establishment of Health Purchasing Victoria
130. HPV represents the Crown
Division 2-General functions and powers
131. Functions of HPV
132. Powers of HPV
133. Factors to which HPV must have regard in performing functions
and exercising powers
Division 3-Purchasing policies
134. Purchasing policies
134A. HPV may exempt public hospitals from policies
134B. Procedure for making and notification of purchasing
policies
134C. Disallowance of purchasing policies
Division 4-Membership and procedure
134D. Members of HPV
134E. Terms and conditions
134F. Removal and resignation
134G. Procedure of HPV
134H. Validity of HPV decisions
134I. Members' pecuniary interests
134J. Improper use of information
134K. Delegation
Division 5-General
134L. Directions of the Minister or Secretary
134M. Strategic plans
134N. Existing supply contracts
134O. HPV-trade practices
PART 7-MISCELLANEOUS PROVISIONS
Division 1-Hospitals and charities fund
135. Definition
136. Hospitals and Charities Fund
137. Payments out of Fund to agencies
Division 2-Payment of fees to certain agencies
138. Payment of fees
Division 2A-Conditions of certain public service staff
138A. Definition
138B. Remuneration and allowances
138C. No compensation payable
Division 3-General
139. Quality assurance
140. Proclaimed services
141. Confidentiality
142. Agencies etc. incorporated under other Acts
143. Delegation by Minister
144. Inquiry by Secretary
145. Authorised officers
146. Identity cards
147. Powers of authorised officers
147A. Entry to unregistered premises-search warrant
148. Immunity
149. Offence to obstruct or hinder
150. Impersonating etc. an authorised officer
151. False and misleading statements
152. Defacing documents etc.
152A. Offences by bodies corporate etc.
153. Police assistance
154. Service of documents
155. Infringement notice
156. Power to bring proceedings
156A. Extension of time limit for proceedings for certain
offences
157. Evidentiary
157AA. Supreme Court-limitation of jurisdiction-
section 138C.
157A. Supreme Court-limitation of jurisdiction-
section 126A.
157B. Supreme Court-limitation of jurisdiction-
section 18F.
157C. Supreme Court-limitation of jurisdiction-
sections 17AA, 40J or 65O.
157D. Supreme Court-limitation of jurisdiction-
section 115K.
157E. Supreme Court-limitation of jurisdiction
157F. Supreme Court-limitation of jurisdiction
157G. Supreme Court-limitation of jurisdiction
157H. Supreme Court-limitation of jurisdiction
158. Regulations
PART 8-TRANSITIONAL PROVISIONS
159. Saving of Hospitals and Charities (Fees) Regulations 1986.
159A. Saving of hospital by-laws
160. Private hospitals etc. registered under Health Act 1958.
161. Existing nursing homes and hostels not registered under the
Health Act 1958.
162. Applications under Health Act 1958.
163. Building approval in force under Health Act 1958.
164. Transitional provision for Commonwealth building approval
165. Residential statements
166. Transitional provision for public hospitals
166A. Peter MacCallum Cancer Institute
166B. Fairfield Hospital
167. Tweddle Baby Hospital
168. Transitional provision for community health centres
169. Transitional provision for boards of public hospitals
170. New boards of certain public hospitals
171. Transitional provisions for boards of community health
centres
172. Transitional provision for chief executive officers
173. Bodies incorporated under Hospitals and Charities
Act 1958.
174. Administrators
175. Guarantees
176. St Andrew's Hospital
177. Transitional provisions (1998 amendments)
178. Saving provision: validity of things done by trustees
178A. Transitional provisions-Health Records Act 2001.
178B. Transitional provisions-registered community health
centres
PART 9-TRANSITIONAL PROVISIONS RELATING TO METROPOLITAN HEALTH SERVICES
Division 1-Preliminary
179. Definitions
180. Extra-territorial operation
Division 2-Establishment of metropolitan health services
181. Order establishing a metropolitan health service
182. Establishment of first board
183. Appointment of first chief executive officer
184. First by-laws of metropolitan health service
185. Limited period to make Orders
Divisions 3, 4-Repealed
186-192. Repealed
Division 5-Transfer of property, rights and liabilities of
metropolitan hospitals on cancellation of incorporation
193. Definitions
194. Cancellation of incorporation of metropolitan hospital
195. Transfer from metropolitan hospital to metropolitan health
service
196. New metropolitan health service to be successor in law
197. Substitution of party to agreement
198. Old instruments
199. Proceedings
200. Interests in land
201. Amendment of Register
202. Taxes
203. Evidence
204. Transfer of hospital employees to new health service
205. Future terms and conditions of transferred employees
Division 6-Transfer of property, rights and liabilities before
cancellation of incorporation of metropolitan hospital
206. Definitions
207. Division to prevail
208. Transfer Order
209. Property rights and liabilities transferred to metropolitan
health service or community health centre
210. Substitution of party to agreement
211. Proceedings
212. Interests in land
213. Old instruments
214. Trusts in respect of metropolitan hospitals existing on
31 July 1995.
215. Trusts in respect of metropolitan hospitals created on or
after 1 August 1995.
216. Amendment of the Register
217. Taxes
218. Evidence
219. Staff transfer date
220. List of staff
221. Transfer of staff
222. Future terms and conditions of transferred employees
223. Abolition of metropolitan hospital
224. Effect of Order
Division 7-General
225. Validity of things done under this Part
226. Operation of provisions not subject to review
227. Application of property cy-pres not affected
228. Application to trusts whenever created
229. Saving of quality assurance bodies
PART 10-FURTHER TRANSITIONALS
230. Transitional provision for boards of community health
centres
PART 11-DEEMED PUBLICATION
231. Deemed publication of Order in Council
PART 12-TRANSITIONAL PROVISIONS RELATING TO PUBLIC HEALTH SERVICES
232. Definitions
233. Extra-territorial operation
234. Public health service same body as former metropolitan health
service
235. Certain public health services same body as certain former
public hospitals
236. First directors of boards of certain public health service
237. Old instruments referring to metropolitan health service
238. Old instruments referring to public hospitals
239. Order establishing a public health service
240. Establishment of first board of certain public health
services
241. First by-laws
242. Registrar of Titles
243. Operation of provisions not subject to review
PART 13-RE-ORGANISATION OF PUBLIC HOSPITALS AND PUBLIC HEALTH SERVICES
244. Definitions
245. Extra-territorial operation
246. Part to prevail
247. Minister to consider report
248. Order in Council
249. Amendment of Schedules if new agency established
250. Establishment of first board
251. First by-laws of agency
252. Appointment of first chief executive officer
253. Cancellation of agency's incorporation
254. Vesting of property, rights and liabilities
255. Substitution of party to agreement
256. Proceedings
257. Interests in land
258. Old instruments
259. Taxes
260. Evidence
261. Saving of quality assurance bodies
262. Staff transfer date
263. List of staff
264. Transfer of staff
265. Future terms and conditions of transferred employees
266. Trusts in respect of transferring agencies
267. Application of property cy-pres not affected
268. Application to trusts whenever created
269. Validity of things done under this Part
270. Operation of provisions not subject to review
271. Appointment of administrator
272. Functions of administrator
273. Direction of Secretary
__________________
SCHEDULE 1-Public Hospitals
SCHEDULE 2-Denominational Hospitals
SCHEDULE 3-Metropolitan Hospitals
SCHEDULE 4-Privately-Operated Hospitals
SCHEDULE 5-Public Health Services
_______________
ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
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