HEALTH SERVICES ACT 1988
Table of Provisions
PART 1--PRELIMINARY
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
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
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
Division 4--Public hospitals
- 31 Incorporation
- 31A Public hospitals do not represent Crown
- 32 Objects and functions of public hospitals
- 33 Board of directors
- 34 Terms and conditions of appointment
- 34A Eligibility for re-appointment
- 35 Removal and resignation
- 35A Chairperson of board
- 36 Annual meetings
- 37 Procedure of board
- 38 Directorship of the board not office of profit
- 38A Immunity
- 39 Guidelines of Minister
- 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
- 40F Strategic plans
- 40G When statement of priorities to be prepared
- 40H Content of statement of priorities
- 40I Functions of the chief executive officer of public hospital
Division 5--Public hospitals and 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
- 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
- 65XAB Guidelines of Minister
- 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
Division 11--Leasing and licensing powers
- 69AA Meaning of hospital site
- 69AAB Application of Division
- 69AAC Power to grant leases for up to 35 years
- 69AAD Power to grant licences over land
- 69AAE Determination to grant lease or licence under this Division to be published and tabled
- 69AAF Parliamentary scrutiny of the leasing and licensing of certain land
PART 3A--PUBLIC HOSPITAL PATIENT SERVICES AGREEMENTS
Division 1--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
- 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 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.
Division 5--General
PART 4A--MULTI PURPOSE SERVICES
PART 5A--QUALITY AND SAFETY
Division 1--Chief Quality and Safety Officer
Division 2--Authorised quality and safety officers
Division 4--Guidelines
Division 5--Confidentiality
Division 6--Referral of matters
Division 7--Liability
Division 8--SAPSE reviews
Division 9--Duty of candour
- 128ZB Definitions
- 128ZC Duty of candour
- 128ZD Apology not admission of liability
- 128ZE Non-compliance with duty of candour
- 128ZF Victorian Duty of Candour Guidelines
Division 10--Statements
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
PART 6B--INFORMATION SHARING FOR QUALITY AND SAFETY PURPOSES
- 134V Definitions
- 134W Meaning of quality and safety purpose
- 134X Disclosure of confidential information to Secretary or quality and safety body for a quality and safety purpose
- 134Y Secretary or quality and safety body may collect and use confidential information for a quality and safety purpose
- 134Z Secretary or quality and safety body may appoint entity as special adviser for quality and safety purposes
- 134ZA Collection, use and disclosure of confidential information if special adviser appointed
- 134ZB Minister may authorise collection, use and disclosure of confidential information between health service entities
- 134ZC Collection, use or disclosure authorised to extent necessary for purpose
- 134ZD Collection, use or disclosure in good faith protected
PART 6C--ELECTRONIC PATIENT HEALTH INFORMATION SHARING SYSTEM
Division 1--Definitions
Division 2--Electronic Patient Health Information Sharing System
- 134ZF Electronic Patient Health Information Sharing System
- 134ZG Content of Electronic Patient Health Information Sharing System
- 134ZH Notice of health information required to be given to the Secretary
- 134ZI Health information collected after publication of notice
- 134ZJ Direction to comply with notice
- 134ZK Extension of time to comply with notice
- 134ZL No consent required
Division 3--Access to the Electronic Patient Health Information Sharing System
- 134ZM Access to, use and disclosure of information held in Electronic Patient Health Information Sharing System for provision of medical treatment
- 134ZN Access to and use of information for purposes of establishing and maintaining Electronic Patient Health Information Sharing System
- 134ZO Secretary authorised to access Electronic Patient Health Information Sharing System and use and disclose specified patient health information
Division 4--Offences
- 134ZP Offence of unauthorised access to Electronic Patient Health Information Sharing System
- 134ZQ Offence of access to Electronic Patient Health Information Sharing System for unauthorised purpose
- 134ZR Offence of unauthorised use or disclosure of specified patient health information
Division 6--Privacy Management Framework
- 134ZT Minister must establish Privacy Management Framework
- 134ZU Compliance with Privacy Management Framework
Division 7--Independent review of this Part
- 134ZV Independent review by expert panel
- 134ZW Appointment of expert panel
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
Division 2A--Conditions ofcertain 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
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
Division 5--Transfer of property, rights and liabilities of metropolitan hospitalson 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
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
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
