Victorian Consolidated Legislation

Health Services Act 1988 - SECT 140

Proclaimed services

140. Proclaimed services



(1) If the Minister considers that a person or body other than the proprietor
of a health service establishment or a registered funded agency providing a
service for use solely or mainly by persons who are-

   (a)  chronically ill, senile or mentally ill; or

   (b)  suffering brain damage; or

   (c)  alcoholic or dependent on drugs-

is abusing or exploiting persons using the service, the Minister may recommend
to the Governor in Council that the service be declared a proclaimed service.

(2) On the recommendation of the Minister, the Governor in Council, by
proclamation-

   (a)  may declare a service specified in the proclamation to be a proclaimed
        service; and

   (b)  may impose conditions or requirements on the carrying on of that
        proclaimed service.

(3) The Minister must not make a recommendation under this section unless the
Minister-

   (a)  has given notice in writing to the person or body stating-

   (i)  the reason why it is intended to make a proclamation under this
        section; and

   (ii) that the person or body may object in writing to the Minister within
        14 days after the notice is given to the person or body and may
        request to be heard; and

   (b)  has considered any such objection and, where requested, given the
        objector an opportunity to be heard.

(4) A person must not carry on a proclaimed service in contravention of any
conditions or requirements specified in the proclamation.

Penalty applying to this subsection: 100 penalty units.