Victorian Consolidated Legislation

Health Services Act 1988 - SECT 158

Regulations

158. Regulations



(1) The Governor in Council may make regulations for or with respect to
prescribing-

   (a)  the kind or kinds of care which may be provided to persons in
        private hospitals or day procedure centres;

   (b)  maximum fees for accommodation in, or health care or any other
        services provided by, a public hospital, denominational hospital or
        supported residential service;

   (c)  circumstances in which or persons by whom a fee is not chargeable or
        payable for accommodation in or health care or other services provided
        by a public hospital or denominational hospital;

   (d)  requirements to be complied with for safety, cleanliness and hygiene
        and the standards of care in health service establishments;

   (e)  requirements to be complied with for the welfare of persons
        accommodated in or receiving health care or other services from health
        service establishments, including but not limited to matters of
        personal hygiene, nutrition, comfort, privacy and respectful
        treatment;

   (f)  fire precautions to be complied with in health service establishments,
        including emergency procedures and the provision of equipment, access
        and fire escapes;

   (g)  requirements for staffing of health service establishments, including
        but not limited to appointments, numbers, qualifications, rostering
        and staffing arrangements;



   (h)  requirements for the provision and maintenance of facilities,
        equipment, furnishings and fittings in health service establishments;

        (i)    requirements for suitable storage facilities for food and
               medicines in health service establishments;

   (j)  requirements for meal arrangements and for the supervision of
        medication in health service establishments;

(k) requirements for or prohibiting advertising of private hospitals and
supported residential services, including prohibiting or regulating the use of
the words "private hospital" and "supported residential service";

   (l)  requirements to be complied with in relation to advising next of kin
        or other responsible persons concerned with the condition of a person
        accommodated in or receiving health care or other services from health
        service establishments;

   (m)  requirements for the provision of and the display of information and
        documents in health service establishments;

   (n)  records to be kept by registered funded agencies and proprietors of
        health service establishments, including the form of records, the time
        when or period within which entries are to be made in the records and
        the period for which records are to be retained;

   (na) requirements or conditions relating to the giving or the use or
        collection of information for the purposes of section 141(3)(e)(ii) or
        section 141(3A) including, but not limited to, prescribing a class or
        classes of person who may give, use or collect that information;

   (o)  returns to be made to the Secretary by proprietors of health service
        establishments;



* * * * *





   (p)  penalties not exceeding 100 penalty units for breaches of the
        regulations;

   (q)  any matter or thing required or permitted by this Act to be prescribed
        or necessary to be prescribed to give effect to this Act.

(2) The regulations-

   (a)  may be of general or limited application; and

   (b)  may differ according to differences in time, place or circumstances;
        and

   (ba) may leave any matter or thing to be from time to time determined,
        applied, dispensed with or regulated by the Secretary, a municipal
        council or public authority or an officer of such a council or
        authority; and

   (bb) may prescribe fees payable for accommodation in, or health care or any
        other service provided by a public hospital or denominational hospital
        in terms of being a percentage of the pension and rental allowance
        under any Commonwealth law as payable from time to time; and



* * * * *

(2A) The regulations may apply adopt or incorporate any matter contained in
any document, code, standard, rule, specification or method (including any
document fixing a fee) formulated, issued, prescribed or published by any
person whether-

   (a)  wholly or partially or as amended by the regulations; and

   (b)  as formulated, issued, prescribed or published at the time the
        regulations are made or at any time before then; and

   (c)  as formulated, issued, prescribed or published from time to time.



* * * * *







* * * * *





(3) Regulations made under this section may be disallowed, in whole or in
part, by resolution of either House of Parliament in accordance with the
requirements of section 6(2) of the Subordinate Legislation Act 1962.

(4) Disallowance of a regulation under subsection (3) must be taken to be
disallowance by Parliament for the purposes of the Subordinate Legislation Act
1962.

__________________