Victorian Consolidated Legislation

Health Services Act 1988 - SECT 58

Powers of Minister

58. Powers of Minister



(1) If the Minister is satisfied that a registered funded agency-

   (a)  is inefficiently or incompetently managed; or

   (b)  is failing to provide an effective health service; or

   (c)  has negligently failed to comply with a health service agreement or
        interim funding statement; or

   (ca) in the case of a public hospital, has failed to comply with an HPV
        direction or a purchasing policy that applies to the hospital; or

   (cb) in the case of a public health service-

   (i)  has substantially failed to meet any of the objectives, priorities or
        key performance outcomes specified in its current statement of
        priorities under section 65ZFA or in its statements of priorities
        under section 65ZFA in relation to the last 2 financial years; and

   (ii) has failed to identify and adequately address any problems relating to
        the failure referred to in subparagraph (i) in a timely manner; or

   (cc) in the case of a public hospital or public health service, has failed
        to comply with a direction issued by the Minister under section 40B or
        66A; or

   (d)  in the case of a public hospital or denominational hospital has failed
        to comply with a direction of the Secretary-

the Minister may do any one or more of the following-

   (e)  censure the agency in accordance with section 59;

   (f)  except in the case of a denominational hospital-

   (i)  direct that the admission of patients to the agency be suspended in
        accordance with section 60; or

   (ii) recommend to the Governor in Council that an administrator of the
        agency be appointed in accordance with section 61; or

   (iii) recommend to the Governor in Council that the agency be closed in
        accordance with section 62.

(2) If the Minister is of the opinion that the closure of a registered funded
agency is desirable for the purposes of implementing a scheme for the
improvement of any local or State-wide health service, the Minister may
recommend to the Governor in Council that the agency be closed in accordance
with section 62.