Victorian Consolidated Legislation

Health Services Act 1988 - SECT 41

Powers and duties

41. Powers and duties



(1) The powers of a public hospital or denominational hospital include all
such powers as are necessary to enable the hospital to carry out its objects
and do all things it is required or permitted to do under this Act and,
without limiting the generality of the foregoing, power-

   (a)  to undertake commercial exploitation of any research or intellectual
        property rights undertaken by or belonging to the hospital for any
        purpose relating to the carrying on of the hospital; and

   (b)  to be a member of or form or participate in the formation of a
        company, association, trust or partnership, the objects or purposes of
        which include one or more objects or purposes that are incidental or
        conducive to the exercise of any other powers of the hospital; and

   (c)  to enter into a joint venture with another person or other persons if
        the objects or purposes of the joint venture include one or more
        objects or purposes that are incidental or conducive to the exercise
        of the powers of the hospital; and

   (d)  in the case of a denominational hospital, to do such other things as
        are consistent with this Act and are conferred on the hospital under
        its constitution.

(2) The board of a public hospital or denominational hospital must not dismiss
or suspend any registered medical practitioner employed or engaged by the
hospital unless the board-

   (a)  where there has been an allegation against the registered medical
        practitioner, inquires into any matter alleged; and

   (b)  gives the registered medical practitioner an opportunity to be heard.