Victorian Consolidated Legislation

Health Services Act 1988 - SECT 64

Proposal for amalgamation

64. Proposal for amalgamation



(1) If the Secretary considers that the provision of health services by two or
more registered funded agencies (none of which is a denominational hospital)
may be more effective if the agencies were amalgamated, the Secretary must
cause to be prepared a report outlining proposals and options for the more
effective provision of health services, including the proposal for
amalgamation.

(2) A proposal for amalgamation under subsection (1) may be made in respect
of-

   (a)  two or more registered funded agencies of the kind mentioned in a
        paragraph of subsection (3); or

   (b)  a combination of two or more agencies of any kind mentioned in
        subsection (3).

(3) For the purposes of subsection (2), the kinds of registered funded
agencies are-

   (a)  an agency which is an unincorporated body;

   (b)  an agency which is incorporated under this Act;

   (c)  an agency which is an incorporated association under the
        Associations Incorporation Act 1981;

   (d)  an agency that is a company within the meaning of the Corporations Act
        that is taken to be registered in Victoria.



(4) The Secretary must cause copies of each report under subsection (1)-

   (a)  to be given to each registered funded agency concerned; and

   (b)  to be made available on request to members of the public.





(5) Any person may make submissions to the Secretary on the report before the
expiration of the period specified in the report (not being less than 60 days
after a copy is given to each registered funded agency concerned).

(6) If, after considering any submissions made to the Secretary on the report
during the period referred to in subsection (5), the Secretary considers the
proposal for amalgamation should be implemented in whole or in part, the
Secretary must advise the Minister accordingly.

(7) The Secretary must not advise the Minister to implement the proposal for
amalgamation in whole or in part unless the Secretary is satisfied that the
amalgamation is likely to result in the more effective provision of health
services having regard to-

   (a)  the possible benefits to Victoria in the form of improved health
        services throughout Victoria or in any part of Victoria; and

   (b)  the possible economic consequences of amalgamation.

(8) During the year beginning on the day on which section 9 of the Health
Services (Metropolitan Hospitals) Act 1995 comes into operation, the Secretary
must not cause to be prepared a report under subsection (1), or give advice to
the Minister under subsection (6), in relation to a proposal for the
amalgamation of a metropolitan hospital with another registered funded agency.