(b) in any other case, the owner (whether a natural person or a corporation) of the business or undertaking carried on at the establishment; S. 3(1) def. of Public Advocate amended by Nos 1/1989 s. 4(b), 52/1998 s. 311(Sch. 1 item 36.1). Public Advocate means the Public Advocate appointed under section 14 of the Guardianship and Administration Act 1986; S. 3(1) def. of public health service inserted by No. 52/2004 s. 4(c). public health service means— (a) a public health service listed in Schedule 5; or (b) premises occupied by a public health service listed in Schedule 5— as the case requires; S. 3(1) def. of public hospital substituted by No. 46/1995 s. 4(c), amended by No. 39/2000 s. 4(3)(a)(b), substituted by No. 52/2004 s. 4(d). public hospital means— (a) a hospital listed in Schedule 1; or (b) except in Division 4 of Part 3 and Parts 12 and 13, a public health service; or (c) premises occupied by a hospital listed in Schedule 1 or, except in Division 4 of Part 3 and Parts 12 and 13, by a public health service— as the case requires; S. 3(1) def. of purchasing policy inserted by No. 18/2001 s. 4. purchasing policy means a purchasing policy made by HPV under section 134;
Division 1—Public funding S. 17AB inserted by No. 68/1996 s. 23, substituted by No. 77/1997 s. 6, amended by Nos 79/2008 s. 6(2), 26/2014 s. 455(Sch. item 13.1). 17AB Definition In this Division, agency includes any registered community health centre and the Victorian Institute of Forensic Mental Health established by section 328 of the Mental Health Act 2014 but does not include a privately-operated hospital. S. 17A inserted by No. 112/1993 s. 4. 17A Power to fund agencies S. 17A(1) amended by No. 46/1998 s. 7(Sch. 1). (1) The Secretary may provide grants, payments, subsidies or other financial assistance to agencies from funds administered by the Secretary for that purpose on the terms and conditions that the Secretary considers appropriate. S. 17A(2) amended by No. 46/1998 s. 7(Sch. 1). (2) As part of the financial assistance under subsection (1), the Secretary may fund, either wholly or in part, the provision of health services by an agency and the funding can be determined by reference to the nature and extent of the health service to be provided. S. 18 amended by No. 46/1998 s. 7(Sch. 1). 18 Criteria for public funding of agencies In determining whether or not any grant, subsidy or other financial assistance should be given to an agency from money administered by the Secretary or determining what terms and conditions (if any) should be imposed, consideration must be given to the following— (a) the arrangements made or to be made by the agency—
S. 41(2) amended by No. 23/1994 s. 118(Sch. 1 item 25.6). (2) The board of a public hospital or denominational hospital must not dismiss or suspend any registered medical practitioner employed or engaged by the hospital unless the board— (a) where there has been an allegation against the registered medical practitioner, inquires into any matter alleged; and (b) gives the registered medical practitioner an opportunity to be heard. 42 Hospital must comply with directions of Secretary S. 42(1) amended by No. 46/1998 s. 7(Sch. 1) (as amended by No. 12/1999 s. 3(Sch. 1 item 14)). (1) 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 public hospital or denominational hospital in relation to all or any of the following matters— (a) the purposes which the hospital should serve or refrain from serving and those to which it should give priority; (b) the manner in which and extent to which the hospital should provide training for persons engaged or intending to engage in health care; (c) the number and type of persons which the hospital should employ or from whom it should obtain services and their conditions of employment or service; (d) the number and types of patients the hospital should treat; S. 42(1)(e) amended by No. 39/2000 s. 7(a). (e) the facilities, services, equipment or supplies which the hospital should employ or should refrain from employing;
(f) has failed to comply with a direction given by the Secretary under section 54. (2) The Governor in Council may, on the recommendation of the Minister, by Order published in the Government Gazette, appoint a person as administrator of a company that is the registered community health centre in relation to its provision of at least one community health service. (3) The Minister must not make a recommendation under subsection (2) unless the Minister has given reasonable notice in the circumstances to the registered community health centre specifying in writing— (a) the ground on which the Minister intends to make a recommendation to appoint an administrator; and (b) that the registered community health centre may apply in accordance with section 57C for review of the Minister's decision to make a recommendation to appoint an administrator. (4) An administrator appointed under this section is deemed to be the board of directors of the registered community health centre to the extent that the Minister considers it necessary for the purpose of the centre providing at least one community health service. (5) On the day on which an administrator is appointed under this section in respect of the registered community health centre for the purpose of the centre providing at least one community health service, the members of the board of directors cease to constitute the board of directors to the extent that the administrator is deemed to be the board of directors.
(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; S. 64(3)(c) amended by No. 20/2012 s. 226(Sch. 5 item 15(3)). (c) an agency which is an incorporated association under the Associations Incorporation Reform Act 2012; S. 64(3)(d) substituted by No. 44/2001 s. 3(Sch. item 61.5). (d) an agency that is a company within the meaning of the Corporations Act that is taken to be registered in . S. 64(4) amended by No. 46/1998 s. 7(Sch. 1). (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. S. 64(5) amended by No. 46/1998 s. 7(Sch. 1). (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). S. 64(6) amended by No. 46/1998 s. 7(Sch. 1). (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.
S. 65(3) amended by No. 112/1993 s. 9(2). (3) An Order under subsection (1) may include such other provisions not inconsistent with this Division as are necessary or expedient, including— S. 65(3)(a) inserted by No. 112/1993 s. 9(2). (a) provisions giving effect to any agreement under section 64A; and S. 65(3)(b) inserted by No. 112/1993 s. 9(2). (b) provisions relating to the construction of references in documents to any amalgamated denominational hospitals. (4) An Order under subsection (1) must declare the new registered funded agency to be either a public hospital or an incorporated association if the Order relates to the amalgamation of two or more agencies all of which are agencies of any of the following kinds— (a) a public hospital; (b) an incorporated association under the Associations Incorporation Act 1981; S. 65(4)(c) amended by No. 112/1993 s. 9(3), substituted by No. 44/2001 s. 3(Sch. item 61.6). (c) a company within the meaning of the Corporations Act that is taken to be registered in ; or S. 65(4)(d) inserted by No. 112/1993 s. 9(3). (d) a denominational hospital referred to in section 64A that is a body corporate. S. 65(5) inserted by No. 112/1993 s. 9(4). (5) In the case of a denominational hospital, an Order under subsection (1) has effect despite anything to the contrary in any Act or subordinate instrument.
(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.
(2) The Governor in Council, on the recommendation of the Minister, may appoint one of the directors of the board to be the chairperson of the board. (3) In making a recommendation under this section, the Minister must ensure that— (a) the board includes at least one person who is able to reflect the perspectives of users of health services; and (b) women and men are adequately represented. (4) In considering a recommendation for the purposes of subsection (3)(a), the Minister must give preference to a person— (a) who is not a registered provider within the meaning of the Health Services (Conciliation and Review) Act 1987; and (b) who is not currently or has not recently been employed or engaged in the provision of health services. S. 65T(5) amended by No. 52/2004 s. 25, substituted by Nos 108/2004 s. 117(1) (Sch. 3 item 96.6), 80/2006 s. 26(Sch. item 48.3). (5) The Public Administration Act 2004 (other than Part 3 of that Act) applies to a director of a board of a public health service in respect of the office of director. S. 65U inserted by No. 39/2000 s. 8. 65U Terms and conditions S. 65U(1) amended by No. 52/2004 s. 26. (1) A director of a board of a public health service holds office for the term, not exceeding 3 years, specified in the instrument of appointment and is eligible for re-appointment.
(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 .
97 Legal personal representatives S. 97(1) amended by No. 46/1998 s. 7(Sch. 1). (1) If a proprietor of a health service establishment dies, a person who is, or persons who are, named as, or intends or intend to make application to become, the legal personal representative or representatives of the proprietor may, within 28 days after the death or such longer period as the Secretary allows, make application to the Secretary to carry on the establishment until the expiration of the period of one year after the death. S. 97(2) amended by No. 46/1998 s. 7(Sch. 1). (2) The Secretary must grant an application under subsection (1) unless he or she has any reason to believe that if the applicant, or any of the applicants, were to make an application for variation of the registration of the establishment to transfer the certificate to the applicant or applicants, the Secretary would refuse the application. (3) The granting of an application under this section has effect as the variation of the certificate of registration for the period to which the application relates. Division 4—Censure etc. S. 98 repealed by No. 88/1994 s. 13. * * * * * S. 99 amended by Nos 53/1990 ss 17(1), 18(b), 88/1994 s. 14, repealed by No. 49/2010 s. 226(1). * * * * *
S. 110(1)(g) amended by Nos 1/1989 s. 4(d), 46/1998 s. 7(Sch. 1) (as amended by No. 12/1999 s. 3(Sch. 1 item 15(d)), repealed by No. 49/2010 s. 226(3). * * * * * S. 110(2) inserted by No. 52/1998 s. 311(Sch. 1 item 36.5). (2) An application for review must be made within 28 days after the later of— (a) the day on which the decision is made; (b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given. S. 111 amended by Nos 13/1998 s. 6, 46/1998 s. 7(Sch. 1). 111 Offence to carry on business if establishment or proprietor not registered The proprietor of a health service establishment must not carry on the establishment if— (a) the establishment is not registered under this Part; or S. 111(b) amended by No. 18/2004 s. 18. (b) the proprietor is not the holder for the time being of the certificate of registration of the establishment or a certificate of renewal of registration of the establishment. 240 penalty units and 20 penalty units for each day the offence continues after conviction or service by the Secretary on the proprietor of notice of contravention of this section, whichever first occurs.
S. 112 amended by Nos 13/1998 s. 7, 46/1998 s. 7(Sch. 1). 112 Offence to provide excess beds or accommodation The proprietor of a health service establishment must not provide in the establishment more beds, or accommodation for more persons, than the number of beds for which the establishment is registered. 240 penalty units and 15 penalty units for each day the offence continues after conviction or service by the Secretary on the proprietor of notice of contravention of this section, whichever first occurs. S. 113 amended by No. 46/1998 s. 7(Sch. 1). 113 Offences relating to day procedure centres and private hospitals The proprietor of a day procedure centre or private hospital must not provide in the centre or hospital— (a) any kind of prescribed health services for the provision of which the centre or hospital is not registered; or (b) more beds for any kind of prescribed health services than the number for which the centre or hospital is registered in respect of that kind of care. 50 penalty units and 15 penalty units for each day the offence continues after conviction or service by the Secretary on the proprietor of notice of contravention of this section, whichever first occurs. S. 114 amended by No. 13/1998 s. 8. 114 Offence to contravene condition of registration The proprietor of a health service establishment must not contravene a condition to which registration of the establishment is subject. 240 penalty units.
S. 115U (2)(b)(ii) substituted by No. 20/2012 s. 226(Sch. 5 item 15(5)). (ii) in the case of an incorporated association, it had been registered as an incorporated association under the Associations Incorporation Reform Act 2012; and (c) on that date the property of each registered funded agency and multi purpose service that is the subject of the Order vests in the new body without the necessity for any conveyance, transfer or assignment and so vests subject to— (i) any trust; and (ii) any restriction, limitation, mortgage, charge, encumbrance, lien, lease, covenant, contract or liability— to which the property was subject immediately before that date; and S. 115U(2)(d) amended by No. 66/1998 s. 11(4). (d) on that date all debts and liabilities, whether certain or contingent, of a registered funded agency or multi purpose service that is the subject of the Order existing at that date become the debts and liabilities of the new body; and S. 115U(2)(e) inserted by No. 66/1998 s. 11(4). (e) on and from that date, each registered funded agency or multi purpose service to which the Order relates must be taken, for the purposes of any trust in relation to that agency or service, not to have had its incorporation cancelled or to have ceased to exist and the new body must be taken to be the same body as that agency or service for those purposes; and
S. 115U(2)(f) inserted by No. 66/1998 s. 11(4). (f) without limiting the effect of paragraph (e), on and from that date, an instrument creating a trust in relation to— (i) a registered funded agency or multi purpose service to which the Order relates; or (ii) a former agency of which such a registered funded agency or multi purpose service is the successor agency— continues to have effect according to its tenor as if the trust were in relation to the new body. (3) An Order under subsection (1) may include such other provisions not inconsistent with this Part or, in the case of a public hospital or an incorporated association, Part 3 as are necessary or expedient, including provisions giving effect to any agreement under section 115T. S. 115U(4) inserted by No. 66/1998 s. 11(5). (4) Subsection (2), as amended by section 11(4) of the Health Services (Further Amendment) Act 1998, has effect with respect to— (a) an Order made under subsection (1) before the commencement of that section of that Act; and (b) an instrument of a kind referred to in subsection (2)(f) of this section— in the same way as it would if it 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. S. 115V inserted by No. 99/1995 s. 6. 115V Transitional (1) In this section—
(6) On the coming into existence of a multi purpose service under this section— (a) all property and rights of the body it was before the appointed day, wherever located, vest in the multi purpose service; and (b) all liabilities of the body it was before the appointed day, wherever located, become liabilities of the multi purpose service; and S. 115V(6)(c) amended by No. 66/1998 s. 11(6). (c) the multi purpose service becomes the successor in law of the body it was before the appointed day; and S. 115V(6)(d) inserted by No. 66/1998 s. 11(6). (d) on and from the appointed day, the multi purpose service must be taken, for the purposes of any trust in relation to the body it was before the appointed day, to be the same body as that body; and S. 115V(6)(e) inserted by No. 66/1998 s. 11(6). (e) without limiting the effect of paragraph (d), on and from the appointed day, an instrument creating a trust in relation to— (i) the body that the multi purpose service was before the appointed day; or (ii) a former agency of which such a body is the successor agency— continues to have effect according to its tenor as if the trust were in relation to the multi purpose service. S. 115V(7) inserted by No. 66/1998 s. 11(7). (7) Subsection (6), as amended by section 11(6) of the Health Services (Further Amendment) Act 1998, has effect with respect to— (a) a declaration that is by force of subsection (2) of this section deemed to have been made; and
(b) a company or other body in which the member has a beneficial interest that does not exceed 1% of the total nominal value of beneficial interests in that company or body. S. 134J inserted by No. 18/2001 s. 8. 134J Improper use of information A person who is, or has been, a member of HPV must not make improper use of any information acquired in the course of his or her duties to obtain directly or indirectly any pecuniary or other advantage for himself or herself or for any other person. 5 penalty units. S. 134K inserted by No. 18/2001 s. 8. 134K Delegation HPV may, by instrument, delegate to a member or an employee of HPV any of its powers except— (a) the power to make, amend or revoke purchasing policies under section 134; (b) this power of delegation. Division 5—General S. 134L inserted by No. 18/2001 s. 8. 134L Directions of the Minister or Secretary (1) The Minister may give directions in writing to HPV in relation to any of its functions or powers. (2) Without limiting the subject-matter of directions under subsection (1), directions may be given setting limits or controls on expenditure,
S. 144(2)(a) amended by Nos 46/1998 s. 7(Sch. 1), 69/2009 s. 54(Sch. Pt 2 item 25), 67/2014 s. 147(Sch. 2 item 20). (a) the Secretary has the powers conferred by sections 14 to 16, 20 and 20A of the Evidence (Miscellaneous Provisions) Act 1958, as in force immediately before their repeal, upon a board appointed by the Governor in Council; and S. 144(2)(b) amended by Nos 46/1998 s. 7(Sch. 1), 18/2004 s. 21(a). (b) the board of a registered funded agency or health service establishment or proprietor of a health service establishment must permit the Secretary or an authorised officer to have access to any document in the possession or under the control of the agency or establishment; and S. 144(2)(c) amended by No. 35/1996 s. 453(Sch. 1 item 38), substituted by No. 18/2004 s. 21(b), amended by Nos 18/2005 s. 18(Sch. 1 item 49), 17/2014 s. 160(Sch. 2 item 48). (c) an Australian legal practitioner or any other person authorised in writing by a registered funded agency or a health service establishment may represent— (i) the board of the agency or establishment; (ii) any officer of the agency or establishment; (iii) the proprietor of the establishment. S. 145 amended by No. 46/1998 s. 7(Sch. 1). 145 Authorised officers The Secretary may in writing appoint a person who is an employee of the public service or employed in the Department as an authorised officer for the purposes of this Act and may, in like manner, revoke any such appointment. 146 Identity cards S. 146(1) amended by No. 46/1998 s. 7(Sch. 1). (1) The Secretary must issue an identity card to each authorised officer. (2) An identity card issued to an officer must—
169 Transitional provision for boards of public hospitals S. 169(1) amended by No. 31/1990 s. 3(3). (1) Subject to sections 166A and 166B, the board of a public hospital as constituted immediately before the commencement of this section continues to be the board of the hospital. S. 169(2) amended by No. 1/1989 s. 4(f). (2) Except as provided in section 170 a person holding office as a member of a board of a public hospital continues as a member of the board for the remainder of the term for which he or she holds office unless he or she sooner resigns or is removed from office. 170 New boards of certain public hospitals (1) This section applies to a public hospital that, immediately before the commencement of this section, was not included in Table A of the Fifth Schedule to the Hospitals and Charities Act 1958. (2) On the expiration of one month after the commencement of this section— (a) the members of the board of a public hospital to which this section applies cease to hold office; and (b) section 33 applies in relation to the appointment or election of members of a new board as if, on that expiration, the public hospital had been added to Schedule 1. S. 170(3) inserted by No. 31/1990 s. 5. (3) This section does not apply to The Tweddle Baby Hospital.
New s. 179 inserted by No. 39/2000 s. 11. 179 Definitions In this Part— instrument includes a document and an oral agreement; liabilities means all liabilities, duties and obligations, whether actual, contingent or prospective; property means a legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description; rights means all rights, powers, privileges and immunities, whether actual, contingent or prospective. New s. 180 inserted by No. 39/2000 s. 11. 180 Extra-territorial operation It is the intention of the Parliament that the operation of this Part should, as far as possible, include operation in relation to the following— (a) land situated outside , whether in or outside ; (b) things situated outside , whether in or outside ; (c) acts, transactions and matters done, entered into or occurring outside , whether in or outside ; (d) things, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this Part, be governed or otherwise affected by the law of the Commonwealth, another State, a Territory or a foreign country. Division 2—Establishment of metropolitan health services