Victorian Consolidated Legislation

Health Services Act 1988 - SECT 115A

PART 4A MULTI PURPOSE SERVICES

Declaration and incorporation

115A. Declaration and incorporation





(1) The Governor in Council may, by Order published in the Government Gazette,
declare a body that provides, or proposes to provide, services of a kind
referred to in section 115C(2) and that is not a privately-operated hospital
to be a multi purpose service.

(1A) Without limiting subsection (1), an Order made under that subsection may
provide that on and from the date specified in the Order as the date on which
the Order takes effect-

   (a)  all property and rights of a body to which the Order relates, wherever
        located, vest in the multi purpose service;

   (b)  all liabilities of the body, wherever located, become liabilities of
        the multi purpose service;

   (c)  the multi purpose service becomes the successor in law of the body;

   (d)  except for the purposes of any trust in relation to the body, the
        incorporation of the body is cancelled or the body ceases to exist (as
        the case requires).





(1B) An Order under subsection (1) has effect as if, on and from the date
specified in the Order as the date on which the Order takes effect-

   (a)  for the purposes of any trust in relation to the body, the multi
        purpose service is the same body as the body to which the Order
        relates; and

   (b)  without limiting the effect of paragraph (a), an instrument creating a
        trust in relation to-

   (i)  the body to which the Order relates; or

   (ii) a former agency of which that body is the successor agency- continues
        to have effect according to its tenor as if the trust were in relation
        to the multi purpose service.".

(2) Each multi purpose service, by operation of this Act-

   (a)  is a body corporate with perpetual succession; and

   (b)  shall have an official seal; and

   (c)  may sue and be sued in its corporate name; and

   (d)  is capable of purchasing, taking, holding, selling, leasing, taking on
        lease, exchanging and disposing of real and personal property; and

   (e)  is capable of doing and suffering all acts and things which bodies
        corporate may by law do or suffer.





(3) An Order made under this section before the commencement of section 11(1)
of the Health Services (Further Amendment) Act 1998 has, and must be taken to
have always had, effect as if on and from the date specified in the Order as
the date on which the Order took effect-

   (a)  all property and rights of the body to which the Order relates,
        wherever located, vested in the multi purpose service referred to in
        the Order;

   (b)  all liabilities of the body, wherever located, became liabilities of
        the multi purpose service;

   (c)  the multi purpose service became the successor in law of the body;

   (d)  except for the purposes of any trust in relation to the body, the
        incorporation of the body was cancelled.

(4) On and from the date on which an Order referred to in subsection (3) took
effect-

   (a)  for the purposes of any trust in relation to the body, the multi
        purpose service referred to in the Order is, and must be taken to have
        always been, the same body as the body to which the Order relates; and

   (b)  without limiting the effect of paragraph (a), an instrument creating a
        trust in relation to-

   (i)  the body to which the Order relates; or

   (ii) a former agency of which that body is the successor agency- continues,
        and must be taken to have always continued, to have effect according
        to its tenor as if the trust were in relation to the multi purpose
        service.