Victorian Consolidated Legislation

Health Services Act 1988 - SECT 61

Appointment of administrator

61. Appointment of administrator



(1) If the Minister proposes that a registered funded agency should be
administered by an administrator, the Minister-

   (a)  must give notice in writing to the agency of his or her proposal; and

   (b)  must consider any submissions, whether oral or in writing, made to the
        Minister by the agency within 7 days after the giving of the notice;
        and

   (c)  may consider any other submissions and any other matters the Minister
        considers appropriate-

before deciding whether or not to recommend the appointment of an
administrator.

(2) If the Minister decides to recommend the appointment of an administrator,
the Governor in Council, on the recommendation of the Minister, may appoint an
administrator of the agency for such period and subject to such terms and
conditions as are specified in the appointment.

(3) An administrator of an agency appointed under this section has and may
exercise all the powers and is subject to all the duties of the board of the
agency.

(4) On the appointment of an administrator, the members of the board of the
agency cease to hold office.

(5) If the Minister recommends to the Governor in Council that the appointment
of the administrator of an agency should be revoked, the Governor in Council
may by notice published in the Government Gazette declare that the appointment
will be revoked on the date specified in the notice, being a date not less
than 28 days after the publication of the notice.

(6) If a notice is published under subsection (5) in relation to an agency-

   (a)  members of the board of the agency shall be elected or appointed in
        accordance with this Part, the regulations or the rules of the agency,
        as the case requires; and

   (b)  on the date specified in the notice-

   (i)  the appointment of the administrator is revoked; and

   (ii) the board of the agency is re-established.

(7) This section does not apply to a denominational hospital.