Victorian Consolidated Legislation

Health Services Act 1988 - SECT 62

Closure

62. Closure



(1) If the Minister proposes that a registered funded agency should be closed,
the Minister must cause a report of the proposal to be prepared and made
available to persons who request it.

(2) A report under subsection (1) must include-

   (a)  a statement of the circumstances giving rise to the proposal; and

   (b)  a statement of any other available options in relation to continuing
        the services of the agency.

(3) If a report under subsection (1) relates to a registered funded agency
that is an incorporated association under the
Associations Incorporation Act 1981 or a company within the meaning of the
Corporations Act that is taken to be registered in Victoria, the Minister must
cause a copy of the report to be given to the Registrar of Incorporated
Associations or the Commissioner for Corporate Affairs, as the case requires.

(4) The Minister, after consideration of any submissions made on a report
under subsection (1) within 90 days after the report is made available to
interested persons-

   (a)  must decide whether or not to recommend the closure of the agency; and

   (b)  must give notice in writing of his or her decision to-

   (i)  the agency; and

   (ii) in a case to which subsection (3) applies, to the Registrar of
        Incorporated Associations or the Commissioner for Corporate Affairs,
        as the case requires.

(5) The Governor in Council, on the recommendation of the Minister, may by
Order published in the Government Gazette direct that the registered funded
agency be closed on and after the date fixed in the Order.

(6) If an Order is published under subsection (5)-

   (a)  in the case of an agency that is an incorporated association, the
        Order has effect as if it were an order of the Supreme Court for the
        winding up of the association under Part VIII of the
        Associations Incorporation Act 1981; and

   (b)  in the case of an agency that is a company within the meaning of the
        Corporations Act that is taken to be registered in Victoria, the Order
        has effect as if it were an order of the Court for the winding up of
        the company under Part 5.4A of the Corporations Act; and

   (c)  in the case of an agency that is incorporated in any other manner, the
        Order has effect in the manner specified in the Order; and

   (d)  in any other case-

   (i)  the agency shall be closed subject to and in accordance with the
        directions contained in the Order; and

   (ii) the property of the agency becomes the property of the Crown and may
        be dealt with or disposed of accordingly; and

   (iii) the liabilities of the agency become liabilities of the Crown.

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

Division 8A-Audits of public hospitals, public health services, multi purpose
services and denominational hospitals