Victorian Consolidated Legislation

Health Services Act 1988 - SECT 42

Hospital must comply with directions of Secretary

42. Hospital must comply with directions of Secretary



(1) The Secretary, for the purpose of carrying out functions and powers under
this Act or for carrying out the objectives of this Act, may in writing give
directions to a public hospital or denominational hospital in relation to all
or any of the following matters-

   (a)  the purposes which the hospital should serve or refrain from serving
        and those to which it should give priority;

   (b)  the manner in which and extent to which the hospital should provide
        training for persons engaged or intending to engage in health care;

   (c)  the number and type of persons which the hospital should employ or
        from whom it should obtain services and their conditions of employment
        or service;

   (d)  the number and types of patients the hospital should treat;

   (e)  the facilities, services, equipment or supplies which the hospital
        should employ or should refrain from employing;

   (f)  the extent to which and the conditions on which the hospital should
        make use of facilities, services, equipment or supplies provided by
        another hospital or should allow another hospital to make use of its
        facilities, services, equipment or supplies;

   (fa) the extent to which and the conditions on which a hospital is required
        to obtain or purchase facilities, services, equipment or supplies
        provided by another hospital or another person or body;

   (fb) a requirement that a public hospital appoint HPV as its agent for the
        purposes of obtaining or purchasing goods and services and the
        conditions on which the appointment is to be made;

   (g)  the manner in which, and extent to which, the admission of patients,
        patient care and treatment should be co-ordinated between hospitals,
        registered funded agencies and health service establishments;

   (h)  the accounts and records which should be kept by the hospital and the
        returns and other information which should be supplied to the
        Secretary;



        (i)    the inspection of its facilities and its accounts and records
               by the Secretary;





(ia) the carrying out of audits for case mix funding purposes;



   (j)  action to be taken or avoided to enable the State to comply with the
        terms of any agreement made between it and the Commonwealth of
        Australia or any other State.

(2) A direction may be given generally or in relation to public hospitals,
denominational hospitals or a specified hospital or class of hospitals.

(2A) The Secretary must ensure that a direction under subsection (1)(fa) to a
public hospital is not inconsistent with an HPV direction or a purchasing
policy that applies to the public hospital.

(3) The Secretary must give a copy of a direction under this section to each
public hospital or denominational hospital to which it applies.

(4) The board of a public hospital or denominational hospital must comply with
a direction under this section that applies to that hospital.

(5) A direction applying to a hospital under this section has effect despite
anything to the contrary in any health service agreement or interim funding
statement having effect in relation to that hospital.