Victorian Consolidated Legislation

Health Services Act 1988 - SECT 57A

Appointment of administrator

57A. Appointment of administrator



(1) This section applies if the Minister is of the opinion that a registered
community health centre-

   (a)  is inefficiently or incompetently managed; or

   (b)  has breached a term or condition of any agreement for public funding
        of the provision of a community health service by the centre; or

   (c)  has failed to meet a performance standard; or

   (d)  has failed to comply with a condition of registration; or

   (e)  has failed to continue to meet the registration criteria; or

   (f)  has failed to comply with a direction given by the Secretary under
        section 54.

(2) The Governor in Council may, on the recommendation of the Minister, by
Order published in the Government Gazette, appoint a person as administrator
of a company that is the registered community health centre in relation to its
provision of at least one community health service.

(3) The Minister must not make a recommendation under subsection (2) unless
the Minister has given reasonable notice in the circumstances to the
registered community health centre specifying in writing-

   (a)  the ground on which the Minister intends to make a recommendation to
        appoint an administrator; and

   (b)  that the registered community health centre may apply in accordance
        with section 57C for review of the Minister's decision to make a
        recommendation to appoint an administrator.





(4) An administrator appointed under this section is deemed to be the board of
directors of the registered community health centre to the extent that the
Minister considers it necessary for the purpose of the centre providing at
least one community health service.

(5) On the day on which an administrator is appointed under this section in
respect of the registered community health centre for the purpose of the
centre providing at least one community health service, the members of the
board of directors cease to constitute the board of directors to the extent
that the administrator is deemed to be the board of directors.

(6) If an administrator is appointed in respect of part of the business of the
company that is the registered community health centre, the administrator and
the board of directors must ensure that there is in place a process for
consultation and decision-making to enable the continuity of operation of the
whole of the business of the company that is so registered.

(7) If an administrator appointed under this section recommends that an
agreement for public funding of the registered community health centre (if
any) should be terminated, the Secretary may terminate that agreement with
immediate effect.

(8) The salary of the administrator and any expenses of the administrator
necessarily incurred in an administration under this section are to be paid by
the Secretary.

(9) The Governor in Council may, on the recommendation of the Minister, by
Order published in the Government Gazette, extend the appointment of an
administrator appointed under this section for a further period as is
specified in the Order.

(10) The Governor in Council may, by Order published in the Government
Gazette, declare that on the day specified in the Order-

   (a)  the board of directors is reinstated as the board of directors of the
        registered community health centre, or if its members ceased to hold
        office, is to be re-established; and

   (b)  the administrator ceases to be the administrator appointed under this
        section.