Version No. 152 Health Services Act 1988 No. 49 of 1988 Version incorporating amendments as at 1 February 2017 table of provisions Section Page Part 1—Preliminary 1 1 Purpose 1 2 Commencement 1 3 Definitions 1 4 Interpretation: health service establishment 16 5 Interpretation: day procedure centre 16 5A Interpretation: trust instruments 17 6 State funded residential care service 17 7 Designated public hospital 18 8 Amendment of Schedules 19 9 Objectives 20 11 Exemptions 21 11A Principal function of the Secretary 22 Part 2—Health services development guidelines 24 12 Preparation of draft guidelines 24 13 Notice of draft guidelines 24 14 Approval of guidelines 25 15 Publication of approved guidelines 25 16 Operation of guideline 25 17 Revocation of guideline 26 Part 2A—Public hospital services principles 27 17AA Public hospital services principles 27 Part 3—Agencies 28 Division 1—Public funding 28 17AB Definition 28 17A Power to fund agencies 28 18 Criteria for public funding of agencies 28 Division 1A—Case mix funding 30 18A Definition 30
227 Application of property cy-pres not affected 277 228 Application to trusts whenever created 277 229 Saving of quality assurance bodies 278 Part 10—Further transitionals 279 230 Transitional provision for boards of community health centres 279 Part 11—Deemed publication 281 231 Deemed publication of Order in Council 281 Part 12—Transitional provisions relating to public health services 282 232 Definitions 282 233 Extra-territorial operation 284 234 Public health service same body as former metropolitan health service 284 235 Certain public health services same body as certain former public hospitals 285 236 First directors of boards of certain public health service 285 237 Old instruments referring to metropolitan health service 286 238 Old instruments referring to public hospitals 286 239 Order establishing a public health service 288 240 Establishment of first board of certain public health services 289 241 First by-laws 289 242 Registrar of Titles 289 243 Operation of provisions not subject to review 290 Part 13—Re-organisation of public hospitals and public health services 291 244 Definitions 291 245 Extra-territorial operation 292 246 Part to prevail 293 247 Minister to consider report 293 248 Order in Council 293 249 Amendment of Schedules if new agency established 295 250 Establishment of first board 295 251 First by-laws of agency 296 252 Appointment of first chief executive officer 296 253 Cancellation of agency's incorporation 296 254 Vesting of property, rights and liabilities 297 255 Substitution of party to agreement 298 256 Proceedings 298 257 Interests in land 299 258 Old instruments 299 259 Taxes 300 260 Evidence 300
261 Saving of quality assurance bodies 301 262 Staff transfer date 301 263 List of staff 302 264 Transfer of staff 302 265 Future terms and conditions of transferred employees 303 266 Trusts in respect of transferring agencies 304 267 Application of property cy-pres not affected 305 268 Application to trusts whenever created 305 269 Validity of things done under this Part 305 270 Operation of provisions not subject to review 306 271 Appointment of administrator 306 272 Functions of administrator 308 273 Direction of Secretary 308 Schedules 309 Schedule 1—Public hospitals 309 Schedule 2—Denominational hospitals 312 Schedule 3—Metropolitan hospitals 313 Schedule 4—Privately-operated hospitals 314 Schedule 5—Public health services 315 Schedule 6—Women's health services 316 Endnotes 317 1 General information 317 2 Table of Amendments 319 3 Amendments Not in Operation 332 4 Explanatory details 333
(b) deemed to be the same body as the former agency (whether for all purposes or for the purposes only of a trust in relation to the former agency)— whether as a result of the body— (c) immediately succeeding the former agency; or (d) succeeding a body that had succeeded the former agency (immediately or otherwise) and regardless of the body's position in any such chain of succession; S. 3(1) def. of supported residential service amended by Nos 53/1990 s. 4(b), 73/1997 s. 4(f), 55/2006 s. 4(2), substituted by No. 49/2010 s. 219(d). supported residential service has the same meaning as it has in the Supported Residential Services (Private Proprietors) Act 2010; S. 3(1) def. of trust inserted by No. 66/1998 s. 4, amended by Nos 39/2000 s. 4(5)(a)–(c), 52/2004 s. 4(f). trust, in relation to a body that is— (a) aggregated or amalgamated at any time with another body by force of a provision of this Act or of the Hospitals and Charities Act 1958 or any previous enactment corresponding to that Act; (aa) a transferring agency by virtue of an Order under section 248 or a former agency of such a body; or (ab) a metropolitan health service or a former agency of such a body; or
(b) the Government of provides funds directly or indirectly on a recurrent basis for the carrying on of that business. S. 6(2) inserted by No. 73/1997 s. 5(2). (2) Any premises in respect of which a declaration under this section was in force immediately before the commencement of section 5 of the Health Services (Amendment) Act 1997 are deemed, on that commencement, to be declared under this section to be a State funded residential care service. 7 Designated public hospital S. 7(1) amended by Nos 88/1994 s. 7(1), 68/1996 s. 20(1), 73/1997 s. 6(1), 46/1998 s. 7(Sch. 1), 49/2010 s. 220(1). (1) The Secretary may, by notice published in the Government Gazette, declare a public hospital or privately-operated hospital, or any part of a public hospital or privately-operated hospital, to be a designated public hospital for the purposes of Division 2 of Part 4 and Part 9 of the Supported Residential Services (Private Proprietors) Act 2010 if the Secretary is satisfied that it is desirable so to do on account of the number of older or disabled persons or persons receiving chronic care in the public hospital or privately-operated hospital or part, being persons in respect of whom residential care subsidies under an Act of the Commonwealth are provided. S. 7(2) amended by Nos 88/1994 s. 7(2), 68/1996 s. 20(2), 49/2010 s. 220(2)(a). (2) Where a public hospital or privately-operated hospital or any part of a public hospital or privately operated hospital is declared to be a designated public hospital, Division 2 of Part 4 of the Supported Residential Services (Private Proprietors) Act 2010 applies to that hospital or part as if it were a supported residential service. S. 7(3) inserted by No. 68/1996 s. 20(3), amended by No. 49/2010 s. 220(2)(b). (3) If a privately-operated hospital or any part of a privately-operated hospital is declared to be a designated public hospital, Division 2 of Part 4 of the Supported Residential Services (Private Proprietors) Act 2010 applies to that hospital or
part only to the extent to which it provides health services to public hospital patients. 8 Amendment of Schedules S. 8(1) amended by No. 46/1995 s. 5. (1) The Governor in Council, by Order published in the Government Gazette, may amend Schedule 1, 2 or 3 by— (a) adding the name of a hospital; or (b) removing the name of a hospital; or (c) amending the name of a hospital. (2) The Governor in Council must not remove the name of a hospital from Schedule 2 and add the name to Schedule 1 unless the hospital has ceased to be controlled by a religious denomination. S. 8(3) inserted by No. 68/1996 s. 21. (3) The Governor in Council, by Order published in the Government Gazette, may amend Schedule 4 by— (a) adding the name of a hospital within the meaning of Part 3A; or (b) removing the name of a hospital if it has ceased to be a hospital within the meaning of Part 3A; or (c) amending the name of a hospital. S. 8(4) inserted by No. 39/2000 s. 5. (4) The Governor in Council, by Order published in the Government Gazette, may amend Schedule 5 by— S. 8(4)(a) amended by No. 52/2004 s. 5(1). (a) adding the name of a public health service; or
(e) in consultation with health care agencies, develop criteria or measures that enable comparisons to be made between the performance of health care agencies providing similar services; (f) collect and analyse data to enable the Secretary to perform the Secretary's functions under this or any other Act; (g) do anything else that the Secretary considers appropriate. 12 Preparation of draft guidelines The Minister, after consulting widely with any persons who may be affected, may prepare draft guidelines for all or any of the following— (a) the orderly development of health services in the whole or any part of ; S. 12(aa) inserted by No. 53/1990 s. 6. (aa) the adequacy of health services in any part of ; (b) the improvement of the quality of health care and health facilities; (c) the improved distribution of health services and health facilities throughout or in any part of ; (d) the avoidance of unnecessary and costly duplication of health services and health facilities;
(b) detecting errors in the classification of patient data by random inspection of patient medical records; and (c) assisting a public hospital or denominational hospital to identify problems which may arise in the implementation and administration of case mix funding; and S. 18C(d) amended by No. 46/1998 s. 7(Sch. 1). (d) providing information that does not identify patients or individuals to the Secretary for statistical purposes. S. 18D inserted by No. 112/1993 s. 6. 18D Powers of case mix auditors (1) A case mix auditor may, at any reasonable time, enter the premises of a public hospital or denominational hospital for the purposes of ascertaining that the case mix funding system is being correctly implemented and may— (a) inspect any relevant patient medical records or other relevant documents; and (b) extract or copy information that does not identify individuals; and (c) ask questions of any person employed in the public hospital or denominational hospital to determine whether case mix data are being correctly reported. (2) Subsection (1) does not apply to any information or document relating to the proceedings of or prepared for the purposes of an approved quality assurance body declared under section 139 unless that information or document does not identify, either expressly or by implication, a particular individual or particular individuals. (3) A case mix auditor must produce a copy of his or her authorisation to act as a case mix auditor if requested to do so.
S. 24(2) amended by No. 46/1998 s. 7(Sch. 1). (2) If the Secretary directs a registered funded agency to amend or alter its constitution, objects, purposes or by-laws or make by-laws with respect to— (a) the management of the agency; or (b) the provision of services by the agency; or (c) the election of committees or office bearers of the agency; or (d) except in the case of an agency to which Division 7 applies, the auditing of financial statements of the agency; or (e) the disposition of any surplus assets on the dissolution of the agency; or S. 24(2)(f) amended by No. 23/1994 s. 118(Sch. 1 item 25.4). (f) in the case of a public hospital, the procedures for appointing registered medical practitioners and defining their clinical responsibilities; or S. 24(2)(fa) inserted by No. 52/2004 s. 10(1). (fa) a matter consequent on the making of an Order under section 248; or S. 24(2)(g) amended by No. 79/2008 s. 7. (g) in the case of an agency registered under Division 2, the keeping of accounts and records, the qualifications of auditors and reporting to the Minister— the agency must amend or alter its constitution, objects or purposes or by-laws or make by-laws accordingly. S. 24(2A) inserted by No. 39/2000 s. 6, amended by No. 52/2004 s. 10(2). (2A) If the Secretary directs a public health service to amend or alter its core objects, the public health service must amend or alter its core objects accordingly.
S. 42(1)(ia) inserted by No. 112/1993 s. 7. (ia) the carrying out of audits for case mix funding purposes; (j) action to be taken or avoided to enable the State to comply with the terms of any agreement made between it and the Commonwealth of Australia or any other State. (2) A direction may be given generally or in relation to public hospitals, denominational hospitals or a specified hospital or class of hospitals. S. 42(2A) inserted by No. 18/2001 s. 6(2). (2A) The Secretary must ensure that a direction under subsection (1)(fa) to a public hospital is not inconsistent with an HPV direction or a purchasing policy that applies to the public hospital. S. 42(3) amended by No. 46/1998 s. 7(Sch. 1). (3) The Secretary must give a copy of a direction under this section to each public hospital or denominational hospital to which it applies. (4) The board of a public hospital or denominational hospital must comply with a direction under this section that applies to that hospital. (5) A direction applying to a hospital under this section has effect despite anything to the contrary in any health service agreement or interim funding statement having effect in relation to that hospital. S. 43 substituted by No. 44/2001 s. 3(Sch. item 61.2). 43 Public hospitals and denominational hospitals excluded from Corporations legislation The following matters are declared to be excluded matters for the purposes of section 5F of the Corporations Act in relation to the whole of the Corporations legislation—
S. 58(1)(d) amended by No. 46/1998 s. 7(Sch. 1). (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. 59 Censure (1) If the Minister proposes to censure a registered funded agency, the Minister— (a) must give notice in writing to the agency of his or her proposal; and
(b) on and after the effective date of the Order, the agreement has effect as if the new hospital had always been a party to the agreement. S. 65F inserted by No. 46/1995 s. 10. amended by No. 66/1998 s. 9(2) (ILA s. 39B(1)). 65F Old instruments (1) Each old instrument continues to have effect according to its tenor on and after the effective date of an Order under section 65C as if a reference in the instrument to an aggregated hospital were a reference to the new hospital. S. 65F(2) inserted by No. 66/1998 s. 9(2). (2) Without limiting the effect of subsection (1), on and from the effective date of an Order under section 65C, an instrument creating a trust in relation to— (a) an aggregated hospital to which the Order relates; or (b) a former agency of which such an aggregated hospital is the successor agency— continues to have effect according to its tenor as if the trust were in relation to the new hospital. S. 65FA inserted by No. 66/1998 s. 10. 65FA Trusts in relation to aggregated hospitals Sections 65D and 65F, as amended by section 9 of the Health Services (Further Amendment) Act 1998, have effect with respect to— (a) an Order made under section 65C before the commencement of that section of that Act; and (b) an instrument of a kind referred to in section 65F(2)— in the same way as they would if they had been in force as so amended at the time when the Order was made and must be taken to have always had that effect on and from that time.
(e) is capable of doing and suffering all acts and things which bodies corporate may by law do or suffer. S. 65Q (Heading) inserted by No. 52/2004 s. 22(1). S. 65Q inserted by No. 39/2000 s. 8, amended by No. 52/2004 s. 22(2). 65Q Public health services do not represent the Crown A public health service does not represent, and shall not be taken to be part of, the Crown. S. 65R (Heading) inserted by No. 52/2004 s. 23(1). S. 65R inserted by No. 39/2000 s. 8. 65R Objects of public health services S. 65(1) amended by No. 52/2004 s. 23(2)(a). (1) Subject to section 184, the objects of a public health service are the objects approved by the board of the public health service and the Secretary. S. 65(2) amended by No. 52/2004 s. 23(2)(b). (2) Section 24 applies to the amendment or alteration of the objects of a public health service. S. 65S inserted by No. 39/2000 s. 8. 65S Board of directors S. 65S(1) amended by No. 52/2004 s. 24(1). (1) There shall be a board of directors of each public health service.
S. 67(3)(b) amended by No. 75/1994 s. 14(2)(b). (b) the Minister is the Authority. (4) The agency— (a) in the case of a disputed claim— S. 67(4)(a)(i) amended by Nos 91/1994 s. 25(a), 52/1998 s. 311(Sch. 1 item 36.2). (i) must pay the undisputed amount to the Victorian Civil and Administrative Tribunal or the Supreme Court (as the case requires); and S. 67(4)(a)(ii) amended by No. 91/1994 s. 25(b). (ii) must pay to the Minister within the period specified by the Minister, any further amount which the Tribunal or the Court orders to be paid to the claimant; and (b) in any other case, must pay to the Minister before the acquisition is made any amount required to pay compensation under this Division. S. 68 amended by No. 75/1994 s. 14(3). 68 Acquired land to vest in the Crown Any land acquired under this Act by the Minister— (a) vests in the Crown under section 24 of the Land Acquisition and Compensation Act 1986 despite anything to the contrary in that section; and (b) may be dealt with as unalienated land of the Crown.
(a) enter into an agreement with a person or body for the provision by that person or body of health services to public hospital patients from premises which, under the agreement, will be required to become a hospital; or (b) enter into an agreement with a person or body which is ancillary to an agreement entered into under paragraph (a), including an agreement with any person or body providing financial accommodation (within the meaning of the Borrowing and Investment Powers Act 1987) or a guarantee in respect of an agreement entered into under paragraph (a). (2) The Minister must obtain the written approval of the Treasurer before entering into an agreement under subsection (1). (3) Nothing in this section— (a) limits, or takes away, any other power of the Minister, whether under this or any other Act or otherwise, to enter into agreements for the provision of health services; or S. 69B(3)(b) amended by No. 46/1998 s. 7(Sch. 1). (b) limits, or takes away, any power of the Secretary under this Act to enter into health service agreements. S. 69B(4) inserted by No. 52/2004 s. 42. (4) The Minister must not enter into an agreement under subsection (1) on or after the day on which section 42 of the Health Services (Governance and Accountability) Act 2004 comes into operation. S. 69B(5) inserted by No. 52/2004 s. 42. (5) Subsection (4) does not apply to an agreement for the provision of health services to public hospital patients from the .
(ii) is a body corporate, that any director or other officer of the body corporate who exercises or may exercise control over the health service establishment is not a fit and proper person to be such a proprietor, or to be a proprietor of the health service establishment if the registration is varied, or to exercise such control. S. 71(3) inserted by No. 99/1995 s. 14(4), amended by No. 46/1998 s. 7(Sch. 1). (3) If construction drawings, plans or specifications have been supplied, in determining whether to grant or refuse to grant approval in principle relating to a health service establishment, the Secretary must consider whether the standard and style of construction work proposed is satisfactory having regard to the type of health service establishment to be carried on in the premises. S. 71(4) inserted by No. 49/2010 s. 223. (4) In this section, other health service establishment includes a supported residential service. 72 Decision on application S. 72(1) amended by No. 46/1998 s. 7(Sch. 1). (1) The Secretary must decide whether to grant (whether or not subject to conditions) or to refuse to grant an application under section 70. S. 72(2) amended by No. 46/1998 s. 7(Sch. 1). (2) The Secretary must give notice in writing to the applicant of his or her decision within the period determined under section 104. S. 73 amended by No. 46/1998 s. 7(Sch. 1) (as amended by No. 12/1999 s. 3(Sch. 1 item 15(a)). 73 Certificate of approval in principle If the Secretary approves an application under section 70, he or she must issue a certificate of approval in principle stating— (a) the name of the person to whom it is issued; and (b) any conditions to which it is subject; and
83 Criteria for registration S. 83(1) amended by No. 46/1998 s. 7(Sch. 1). (1) In determining whether to register or refuse to register premises as a health service establishment, the Secretary must consider— (a) any relevant guidelines under Part 2; and (b) whether the carrying on of the establishment may result in more than adequate health services of any kind becoming available in the area; and (c) whether the applicant— (i) is a fit and proper person to carry on the establishment; and S. 83(1)(c)(ii) amended by No. 55/2006 s. 7(1). (ii) has and is likely to continue to have the financial capacity to carry on the establishment; and S. 83(1)(d) amended by No. 55/2006 s. 7(1). (d) if the applicant is a body corporate, whether each director or other officer of the body corporate who exercises or may exercise control over the body corporate is a fit and proper person to carry on or exercise control over the establishment; and (e) the suitability of the location of the premises for the carrying on of the establishment having regard to the availability of other community services and the safety and amenity of the environment; and (f) the suitability of the design and construction of the premises for the particular kind of establishment; and (g) the suitability of the fittings and equipment of the premises for the particular kind of establishment; and
proper person to continue to exercise or to have power to exercise control over the establishment; and (d) the establishment is carried on in conformity with any Act or law relating to or affecting the carrying on of health service establishments; and (e) the conditions to which the registration is subject have been complied with; and S. 89(f) amended by Nos 53/1990 s. 18(a), 55/2006 s. 8(1), repealed by No. 49/2010 s. 225(1). * * * * * S. 89(g) inserted by No. 55/2006 s. 8(2). (g) the security of the proprietor's tenure over the premises in which the proprietor carries on the establishment will continue to enable the proprietor to carry on the establishment in those premises; and S. 89(h) inserted by No. 55/2006 s. 8(2). (h) the proprietor has been convicted or found guilty of an offence under this Act or the regulations; and S. 89(i) inserted by No. 55/2006 s. 8(2). (i) if the proprietor is or was previously a proprietor, or is or was previously a director of a body corporate that is or was previously a proprietor, of any other health service establishment, or is or was previously associated with any other health service establishment in a managerial capacity— (i) the extent and nature of the proprietor's involvement in the other health service establishment; and
S. 115(3) inserted by No. 53/1990 s. 19, amended by Nos 99/1995 s. 18(c), 13/1998 s. 9. (3) A person must not enter into an agreement or arrangement for the alteration or extension of premises proposed to be used as a health service establishment unless an approval in principle under this Part is in force in respect of that alteration or extension. 120 penalty units. Pt 4A (Heading and ss inserted by No. 99/1995 s. 6. S. 115A inserted by No. 99/1995 s. 6. 115A Declaration and incorporation S. 115A(1) amended by No. 68/1996 s. 30. (1) The Governor in Council may, by Order published in the Government Gazette, declare a body that provides, or proposes to provide, services of a kind referred to in section 115C(2) and that is not a privately-operated hospital to be a multi purpose service. S. 115A(1A) inserted by No. 66/1998 s. 11(1). (1A) Without limiting subsection (1), an Order made under that subsection may provide that on and from the date specified in the Order as the date on which the Order takes effect— (a) all property and rights of a body to which the Order relates, wherever located, vest in the multi purpose service; (b) all liabilities of the body, wherever located, become liabilities of the multi purpose service;
S. 115JA inserted by No. 52/2004 s. 43. 115JA Immunity (1) A member of a board of a multi purpose service is not personally liable for anything done or omitted to be done in good faith— (a) in the exercise of a power or the discharge of a duty under this Act; or (b) in the reasonable belief that the act or omission was in the exercise of a power or the discharge of a duty under this Act. (2) Any liability resulting from an act or omission that would but for subsection (1) attach to a member of the board of a multi purpose service attaches instead to the multi purpose service. S. 115K inserted by No. 99/1995 s. 6, repealed by No. 52/2004 s. 44. * * * * * S. 115L inserted by No. 99/1995 s. 6. 115L Validity of acts or decisions An act or decision of a board of a multi purpose service is not invalid by reason only of— (a) a defect or irregularity in or in connection with the appointment of a member of the board; or (b) a vacancy in the membership of the board. S. 115M inserted by No. 99/1995 s. 6, amended by No. 46/1998 s. 7(Sch. 1). 115M Secretary may give directions The Secretary, for the purpose of carrying out functions and powers under this Act or for carrying out the objectives of this Act, may in writing give directions to a multi purpose service in relation to action to be taken or avoided to enable the State to comply with the terms of any agreement made between it and the Commonwealth or any other State.
multi purpose service by the Commonwealth or the State during or in respect of a financial year; and (e) any other relevant matters. S. 115P inserted by No. 99/1995 s. 6. 115P Health service agreements A multi purpose service may enter into a health service agreement under section 26 as if the multi purpose service were a registered funded agency. S. 115Q inserted by No. 99/1995 s. 6. 115Q Powers of Minister If the Minister is satisfied that a multi purpose service— (a) is inefficiently or incompetently managed; or (b) is failing to carry out its functions, or failing to carry them out effectively; or (c) has negligently failed to comply with an agreement entered into under section 115O or 115P— the Minister may do either or both of the following— (d) recommend to the Governor in Council that an administrator of the service be appointed in accordance with section 115R; or (e) recommend to the Governor in Council that the service be closed in accordance with section 115S. S. 115R inserted by No. 99/1995 s. 6. 115R Appointment of administrator (1) If the Minister proposes that a multi purpose service should be administered by an administrator, the Minister— (a) must give notice in writing to the service of his or her proposal; and
(2) A member of HPV is entitled to be paid— (a) reasonable expenses incurred in holding office as member; and (b) such remuneration as is specified in the instrument of appointment. (3) Subsection (2)(b) does not apply to a member who is— S. 134E(3)(a) amended by No. 52/2004 s. 46. (a) employed by a public health service or a hospital listed in Schedule 1; or S. 134E(3)(b) amended by No. 108/2004 s. 117(1) (Sch. 3 item 96.11). (b) an employee in the public service within the meaning of the Public Administration Act 2004. S. 134F inserted by No. 18/2001 s. 8. 134F Removal and resignation (1) A member of HPV may resign by writing signed by that person and delivered to the Governor in Council. S. 134F(2) amended by No. 52/2004 s. 47. (2) If a member referred to in section 134D(1)(b) or (c) ceases to be employed by a public health service or a hospital listed in Schedule 1 (as the case may be) or a member referred to in section 134D(1)(d) or (e) ceases to be employed by the relevant Department, the office of the member becomes vacant on the day that is 3 months after the day on which the member ceased to be so employed. (3) The Governor in Council, on the recommendation of the Minister, may remove a member, or all members, from office.
Division 3—General 139 Quality assurance S. 139(1) amended by Nos 53/1990 s. 21(a), 99/1995 s. 8(1), 26/2014 s. 455(Sch. item 13.2). (1) The Minister, by notice published in the Government Gazette, may declare that a specified committee, council or other body (whether corporate or unincorporate) established by one or more registered funded agencies, health service establishments, multi purpose services, mental health service providers or professional associations is an approved quality assurance body for the purposes of this Part and, by like notice, may revoke the declaration. (2) The Minister must not approve a committee, council or other body unless he or she is satisfied— S. 139(2)(a) amended by Nos 53/1990 s. 21(b)(i)(ii), 42/1993 s. 21(1), 99/1995 s. 8(2)(a), 26/2014 s. 455(Sch. item 13.3). (a) that, in the case of a committee, council or body which is not a mental health service provider owned or managed by the Department, it is established under the bylaws or constitution of one or more registered funded agencies, health service establishments, multi purpose services, mental health service providers or professional associations; and S. 139(2)(b) amended by Nos 53/1990 s. 21(b)(iii), 99/1995 s. 8(2)(b), 26/2014 s. 455(Sch. item 13.4). (b) that its functions include the assessment and evaluation of the quality of health services provided by the registered funded agencies, health service establishments, multi purpose services, mental health service providers or members of a professional association, including the review of clinical practices or clinical competence of persons providing those services; and
(c) that the carrying out of its functions and powers would be facilitated by the provision of certain immunities in respect of proceedings; and (d) that it is in the public interest that persons be prohibited from disclosing information given to it in the course of the carrying out of its functions. S. 139(2A) inserted by No. 53/1990 s. 21(c). (2A) In subsections (1) and (2)— S. 139(2A) def. of mental health service provider inserted by No. 26/2014 s. 455(Sch. item 13.5(a)). mental health service provider has the same meaning as in section 3(1) of the Mental Health Act 2014; S. 139(2A) def. of professional association amended by No. 42/1993 s. 21(2). professional association means an association, society, college or other body, membership of which consists principally of health care providers, whether or not of a particular class or classes; S. 139(2A) def. of psychiatric service repealed by No. 26/2014 s. 455(Sch. item 13.5(b)). * * * * * S. 139(3) amended by No. 53/1990 s. 21(d)(i)(iii). (3) A person who is or has been a member, officer or employee of a committee, council or other body in respect of which a declaration under subsection (1) has been made must not either directly or indirectly—
(f) ask questions of any person accommodated in or receiving health care from the agency or establishment for the purpose of ascertaining whether the person's well-being is being adequately cared for by the agency or establishment. (2) If any thing is seized by an authorised officer under subsection (1)— (a) the authorised officer must give notice of the seizure in the prescribed form to the person apparently in charge of it or, if there is no such person, to the proprietor of the premises; and (b) return the thing or document to the agency or establishment within 48 hours after it is seized. S. 147(3) inserted by No. 18/2004 s. 23(2). (3) If an authorised officer requires a person referred to in subsection (1)(ea) to answer a question to the best of that person's knowledge, information and belief, the authorised officer must advise the person that it is a reasonable excuse for that person to refuse to comply with the request if it would tend to incriminate that person. S. 147A inserted by No. 99/1995 s. 19. 147A Entry to unregistered premises—search warrant (1) An authorised officer may apply to a magistrate for the issue of a search warrant in relation to particular premises if the officer believes on reasonable grounds that a person is carrying on business at those premises as a health service establishment in contravention of section 111. (2) If the magistrate to whom the application is made is satisfied by evidence on oath, whether oral or by affidavit, that there are reasonable grounds for suspecting that a person is carrying on business at the premises as a health service establishment in
commencement day means the day on which section 53(1) of the Health Services (Governance and Accountability) Act 2004 comes into operation; effective date, in relation to an Order under this Part, means the date specified in the Order to be the effective date of that Order; instrument includes a document and an oral agreement; metropolitan health service means a body that was listed in Schedule 5 immediately before the commencement day or premises occupied by such a body; old metropolitan health service instrument means an instrument subsisting immediately before the commencement day— (a) to which a metropolitan health service was a party; or (b) that was given to or in favour of a metropolitan health service; or (c) that refers to a metropolitan health service; or (d) under which— (i) money is, or may become, payable to or by a metropolitan health service; or (ii) other property is to be, or may become liable to be, transferred to or by a metropolitan health service; old public hospital means— (a) Ballarat Health Services; or (b) Barwon Health; or
Sch. 4 inserted by No. 68/1996 s. 36, amended by GGs 27.8.98 p. 2322, 24.8.00 p. 2163. New New Hospital Sch. 5 (Heading) substituted by No. 52/2004 s. 53(1). Sch. 5 inserted by No. 39/2000 s. 12, amended by SG (No. 96) 30.6.00 pp 3–11, GG 17.4.03 p. 808, No. 52/2004 s. 53(2)(a)–(c), SG (No. 159) 30.6.04 p. 1, GGs 9.6.05 p. 1220, 19.6.08 pp 1374, 1375, SG (No. 251) 10.9.08 p. 1, GG 2.4.09 p. 862, SGs (No. 213) 30.6.09 p. 1, (No. 191) 30.5.13 p. 1. Albury Wodonga Health Alfred Health Austin Health Ballarat Health Services Barwon Health Bendigo Health Care Group Dental Health Services Eastern Health Health Health Monash Health Northern Health Peninsula Health Peter MacCallum Cancer Institute The Royal Children's Hospital The Royal Victorian Eye and The Royal Women's Hospital