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HEALTH SERVICES ACT 1988 - SECT 64A Voluntary amalgamations

HEALTH SERVICES ACT 1988 - SECT 64A

Voluntary amalgamations

    (1)     The governing bodies of 2 or more registered funded agencies (including denominational hospitals) may agree to amalgamate under this Division only if—

        (a)     the bodies and the agencies are authorised to do so by any Acts or other documents creating them and the amalgamation is made in accordance with those Acts or other documents; and

        (b)     apart from this Division, there is no law of the Commonwealth or the State under which they could amalgamate.

S. 64A(1A) inserted by No. 79/2008 s. 9(1).

    (1A)     The board of directors of a registered community health centre and the governing body of a registered funded agency (including a denominational hospital) may agree to amalgamate under this Division only if—

        (a)     the board and the governing body are authorised to do so by any Acts or other documents creating them and the amalgamation is made in accordance with those Acts or other documents; and

        (b)     apart from this Division, there is no law of the Commonwealth or the State under which they could amalgamate.

S. 64A(2) amended by Nos 46/1998 s. 7(Sch. 1), 79/2008 s. 9(2).

    (2)     The agencies, or the registered community health centre and the agency, must submit the agreement to the Secretary.

S. 64A(3) amended by No. 46/1998 s. 7(Sch. 1).

    (3)     The Secretary, must not advise the Minister to approve an agreement under subsection (4), unless the Secretary is satisfied that—

S. 64A(3)(a) amended by No. 52/2017 s. 25.

        (a)     the amalgamation will result in the provision of better health services, or the more effective governance of the quality or safety of health services provided, throughout Victoria or in any part of Victoria; and

        (b)     the amalgamation is otherwise in the public interest.

S. 64A(4) amended by No. 46/1998 s. 7(Sch. 1).

    (4)     The Minister, on the Secretary's advice, may approve the agreement.