Victorian Consolidated Legislation

Health Services Act 1988 - SECT 3

Definitions

3. Definitions



(1) In this Act-

accounting records includes invoices, receipts, orders for the payment of
money, bills of exchange, cheques, promissory notes, vouchers and other
documents of prime entry and also includes such working papers and other
documents as are necessary to explain the methods of calculations by which
accounts are made up;

authorised officer means a person appointed by the Secretary for the purposes
of this Act;





board in relation to an agency means the committee of management or governing
body (by whatever name called) of the agency;

by-law-

   (i)  in relation to a health service establishment or registered funded
        agency that is a corporation with articles of association, means the
        corporation's articles of association; and

   (ii) in relation to any other health service establishment or registered
        funded agency or a multi purpose service, means a principal regulatory
        instrument made by the establishment or agency or a multi purpose
        service but does not include rules made under a principal regulatory
        instrument;

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close associate, in relation to a proprietor of a supported residential
service, means-

   (a)  if the proprietor is a natural person-

   (i)  the spouse, domestic partner, parent, child or sibling of the
        proprietor; or

   (ii) the parent, child or sibling of the spouse or domestic partner of the
        proprietor; or

   (iii) a body corporate of which the proprietor (or the proprietor's spouse,
        domestic partner, parent, child or sibling, or the parent, child or
        sibling of the spouse or domestic partner of the proprietor) is a
        director or secretary;

   (b)  if the proprietor is a body corporate-

   (i)  a director or secretary of the body corporate or of a related body
        corporate; or

   (ii) the spouse, domestic partner, parent, child or sibling of such a
        director or secretary; or

   (iii) the parent, child or sibling of the spouse or domestic partner of
        such a director or secretary; or

   (iv) a related body corporate;

   (c)  in either case, an agent or employee of the proprietor;







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day procedure centre means premises where-

   (a)  a major activity carried on is the provision of health services of a
        prescribed kind or kinds and for which a charge is made; and

   (b)  persons to whom treatment of that kind or those kinds is provided are
        reasonably expected to be admitted and discharged on the same date-
        but does not include a public hospital, denominational hospital or
        private hospital;

denominational hospital means-

   (a)  a hospital listed in Schedule 2; or

   (b)  premises occupied by such a hospital- as the case requires;

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Department means the Department of Human Services;



designated public hospital means a public hospital or privately-operated
hospital in respect of which a declaration under section 7 is in force;

domestic partner of a person means-

   (a)  a person who is in a registered relationship with the person; or

   (b)  an adult person to whom the person is not married but with whom the
        person is in a relationship as a couple where one or each of them
        provides personal or financial commitment and support of a domestic
        nature for the material benefit of the other, irrespective of their
        genders and whether or not they are living under the same roof, but
        does not include a person who provides domestic support and personal
        care to the person-

   (i)  for fee or reward; or

   (ii) on behalf of another person or an organisation (including a government
        or government agency, a body corporate or a charitable or benevolent
        organisation);

former agency means-

   (a)  a body that was at any time-

   (i)  a registered funded agency; or

   (ii) a multi purpose service; or

   (iii) a body declared to be a multi purpose service under section 115A(1)
        or deemed by force of section 115V(2) to have been so declared; or

   (iv) an incorporated institution or a separate institution within the
        meaning of the Hospitals and Charities Act 1958 or any corresponding
        previous enactment- but the incorporation of which was cancelled or
        dissolved or which ceased to exist-

   (v)  by force of an Order made under section 115A of this Act; or

   (vi) by force of section 115V(2) of this Act; or

   (vii) on its amalgamation or aggregation with another body by force of a
        provision of this Act or of the Hospitals and Charities Act 1958 or
        any previous enactment corresponding to that Act; or

   (viii) by force of section 195 of this Act; or

   (b)  the Cancer Institute or the Cancer Institute Board under Part II of
        the Cancer Act 1958 as in force immediately before 14 May 1989; or

   (ba) a metropolitan health service; or

   (bb) a public hospital that on or after 1 July 2004 becomes a public health
        service; or

   (bc) a public hospital that on the effective date of an Order under section
        239 becomes a public health service; or

   (bd) a transferring agency by virtue of an Order under section 248; or

   (c)  a metropolitan hospital designated in an Order under section 215.

goods and services includes facilities, equipment and supplies;



health or related service, in Part 6, means-

   (a)  a registered funded agency, multi purpose service or health service
        establishment; or

   (b)  any other person, body or organisation that provides funds,
        facilitates access or provides insurance in relation to health
        services, being services that include, but are not limited to-

   (i)  aged care services; or

   (ii) palliative care services; or

   (iii) disability services; or

   (iv) pharmaceutical services; or

   (v)  ambulance services;

health service agreement means an agreement entered into under section 26;

health service establishment means-

   (a)  a day procedure centre; or

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   (d)  a private hospital; or

   (e)  a supported residential service;

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HPV means Health Purchasing Victoria established by section 129;

HPV direction means a direction given by HPV under section 132(2)(c);

interim funding statement means a statement issued under section 27;

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metropolitan hospital means-

   (a)  a hospital listed in Schedule 3; or

   (b)  premises occupied by such a hospital- as the case requires;

multi purpose service means-

   (a)  a body referred to in section 115V(2); or

   (b)  a body declared under Part 4A to be a multi purpose service;

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next of kin includes a domestic partner;



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private hospital means premises where persons are provided with health
services of a prescribed kind or kinds and for which a charge is made and
includes a privately-operated hospital but does not include-

   (a)  a public hospital or denominational hospital; or

   (b)  a day procedure centre; or

   (c)  a residential care service;

privately-operated hospital means-

   (a)  a hospital within the meaning of Part 3A listed in Schedule 4; or

   (b)  premises occupied by such a hospital listed in Schedule 4- as the case
        requires;





proprietor in relation to a health service establishment means-

   (a)  in the case of a not-for-profit establishment, the authority or body
        of persons conducting the establishment; and

   (b)  in any other case, the owner (whether a natural person or a
        corporation) of the business or undertaking carried on at the
        establishment;

Public Advocate means the Public Advocate appointed under section 14 of the
Guardianship and Administration Act 1986;

public health service means-

   (a)  a public health service listed in Schedule 5; or

   (b)  premises occupied by a public health service listed in Schedule 5- as
        the case requires; public hospital means-

   (a)  a hospital listed in Schedule 1; or

   (b)  except in Division 4 of Part 3 and Parts 12 and 13, a public health
        service; or

   (c)  premises occupied by a hospital listed in Schedule 1 or, except in
        Division 4 of Part 3 and Parts 12 and 13, by a public health service-
        as the case requires;

purchasing policy means a purchasing policy made by HPV under section 134;



region means a prescribed region of Victoria; registered community health
centre means a community health centre registered under Division 6 of Part 3;



registered funded agency means-

   (a)  a public hospital; or

   (b)  a denominational hospital; or

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   (ca) a public health service; or

   (d)  any other agency registered or deemed to be registered under Division
        2 of Part 3; or

   (e)  a State funded residential care service;

registered medical practitioner means a medical practitioner registered under
the Health Professions Registration Act 2005;





related body corporate has the same meaning as in the Corporations Act;



representative has the same meaning as in Part IVA of the Medical
Practitioners Act 1970;

residential care service means premises where accommodation and personal care
or nursing care or both personal care and nursing care are provided to a
person in respect of whom a residential care subsidy or a flexible care
subsidy is payable under an Act of the Commonwealth; resident's administrator
means the resident's attorney appointed under a power of attorney or an
enduring power of attorney to administer the resident's property or a person
appointed by a court or tribunal as the administrator of the resident's
property; resident's guardian means the resident's guardian appointed under
the Guardianship and Administration Act 1986 or appointed by a court;

Secretary means the Secretary to the Department;



senior available next of kin has the same meaning as in the
Human Tissue Act 1982;



special or personal care means-

   (a)  assistance with one or more of the following-

   (i)  bathing, showering or personal hygiene;

   (ii) toileting;

   (iii) dressing or undressing;

   (iv) eating meals; or

   (b)  physical assistance for persons with mobility problems; or

   (c)  assistance for persons who are mobile but require some form of
        supervision or assistance; or

   (d)  assistance or supervision in administering medicine; or

   (e)  the provision of substantial emotional support; spouse of a person
        means a person to whom the person is married;



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State funded residential care service means premises in respect of which a
declaration under section 6 is in force;



successor agency, in relation to a former agency, means a body that is by
force of a provision of this Act or of the Hospitals and Charities Act 1958 or
any previous enactment corresponding to that Act-

   (a)  the successor, or deemed to be the successor, of the former agency
        (whether for all purposes or for the purposes of a trust in relation
        to a former agency); or

   (b)  deemed to be the same body as the former agency (whether for all
        purposes or for the purposes only of a trust in relation to the former
        agency)- whether as a result of the body-

   (c)  immediately succeeding the former agency; or

   (d)  succeeding a body that had succeeded the former agency (immediately or
        otherwise) and regardless of the body's position in any such chain of
        succession;

supported residential service means premises where-

   (a)  accommodation; and

   (b)  special or personal care- are provided or offered for persons (other
        than members of the family of the proprietor of the premises) for fee
        or reward, whether or not the premises are registered as a health
        service establishment under this Act, but does not include a
        residential care service or a State funded residential care service;

trust, in relation to a body that is-

   (a)  aggregated or amalgamated at any time with another body by force of a
        provision of this Act or of the Hospitals and Charities Act 1958 or
        any previous enactment corresponding to that Act;

   (aa) a transferring agency by virtue of an Order under section 248 or a
        former agency of such a body; or

   (ab) a metropolitan health service or a former agency of such a body; or

   (ac) a public hospital or a former agency of such a body; or

   (b)  declared to be a multi purpose service under section 115A(1) or deemed
        by force of section 115V(2) to have been so declared; or

   (ba) a body the incorporation of which is cancelled by force of section
        195; or

   (c)  a former agency of such a body; or

   (ca) a metropolitan hospital designated in an Order under section 215-
        means-

   (d)  a gift, disposition or trust of property made or declared, or deemed
        to have been made or declared; or

   (e)  a trust fund created- whether by deed, will or otherwise to, or in
        favour of, for the use of, or for the purposes of, the body or under
        its terms capable of being given to, or applied in favour of, for the
        use of, or for the purposes of, the body; Victorian Electoral
        Commission means the Victorian Electoral Commission established under
        section 6 of the Electoral Act 2002;



visitor means a community (residential services) visitor appointed under
Part 5.

(2) If under the Public Administration Act 2004 the name of the Department of
Human Services is changed, a reference in the definitions of Department and
Secretary in subsection (1) to that Department must, from the date when the
name is changed, be treated as a reference to the Department by its new name.

(3) For the purposes of the definition of domestic partner in subsection (1)-

   (a)  registered relationship has the same meaning as in the
        Relationships Act 2008; and

   (b)  in determining whether persons who are not in a registered
        relationship are domestic partners of each other, all the
        circumstances of their relationship are to be taken into account,
        including any one or more of the matters referred to in section 35(2)
        of the Relationships Act 2008 as may be relevant in a particular case;
        and

   (c)  a person is not a domestic partner of another person only because they
        are co-tenants.