S. 3(1) def. of registered medical practitioner inserted by No. 23/1994 s. 118(Sch. 1 item 25.1(b)), amended by No. 97/2005 s. 182(Sch. 4 item 27), substituted by No. 13/2010 s. 51(Sch. item 29). registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); s. 3 S. 3(1) def. of related body corporate inserted by No. 55/2006 s. 4(1), repealed by No. 49/2010 s. 219(c). * * * * * representative has the same meaning as in Part IVA of the Medical Practitioners Act 1970; S. 3(1) def. of residential care service inserted by No. 73/1997 s. 4(d). residential care service means premises where accommodation and personal care or nursing care or both personal care and nursing care are provided to a person in respect of whom a residential care subsidy or a flexible care subsidy is payable under an Act of the Commonwealth; s. 3 S. 3(1) def. of resident's administrator inserted by No. 18/2004 s. 4(b). resident's administrator means the resident's attorney appointed under a power of attorney or an enduring power of attorney to administer the resident's property or a person appointed by a court or tribunal as the administrator of the resident's property;
S. 6(1)(a)(ii) substituted by No. 88/1994 s. 6, amended by Nos 73/1997 s. 5(1)(b), 55/2006 s. 5. (ii) are persons in respect of whom residential care subsidy under an Act of the Commonwealth are provided; and (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). s. 7 (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
S. 17AA substituted by No. 66/1998 s. 6. 17AA Public hospital services principles s. 17AA (1) The principles contained in any agreement in force from time to time between the Commonwealth and Victoria with respect to the provision of public hospital services are established as guidelines for the delivery of public hospital services in . (2) Nothing in this Part— (a) gives rise to, or can be taken into account in, any civil cause of action; and (b) without limiting paragraph (a), operates to create in any person legal rights not in existence before the commencement of section 6 of the Health Services (Further Amendment) Act 1998. (3) In this Part, a reference to public hospital services includes a reference to services provided to public hospital patients by privately-operated hospitals. __________________ Division 1—Public funding S. 17AB inserted by No. 68/1996 s. 23, substituted by No. 77/1997 s. 6, amended by No. 79/2008 s. 6(2). 17AB Definition s. 17AB In this Division, agency includes any registered community health centre and the Victorian Institute of Forensic Mental Health established by section 117B of the Mental Health Act 1986 but does not include a privately-operated hospital. S. 17A inserted by No. 112/1993 s. 4. 17A Power to fund agencies
S. 18(ed) inserted by No. 52/2004 s. 8. (ed) in the case of a denominational hospital to which a statement of priorities under section 44A relates, whether it has met the objectives, priorities and key performance outcomes specified in its statement of priorities in relation to the current financial year or in its statements of priorities in relation to the last 2 financial years; (f) any other relevant matters. Pt 3 Div. 1A (Heading and ss 18A–18F) inserted by No. 112/1993 s. 6. Division 1A—Case mix funding S. 18A inserted by No. 112/1993 s. 6, amended by No. 68/1996 s. 24(1). 18A Definition s. 18A (1) In this Division, case mix funding system means the system of funding health services provided by a public hospital or denominational hospital based on formulae that determine the relative weighting of particular classes of health services. S. 18A(2) inserted by No. 68/1996 s. 24(2). (2) In this Division, public hospital includes a privately-operated hospital to the extent to which it provides health services to public hospital patients and references to patients must be construed as including public hospital patients in such a hospital. S. 18B inserted by No. 112/1993 s. 6. 18B Case mix auditors s. 18B
(c) the nature of the health services provided or to be provided by the agency or agencies included in the class of agency; and (d) whether or not any relevant health service agreement or interim funding statement is in force. S. 28(4) amended by No. 46/1998 s. 7(Sch. 1). (4) The Secretary must cause a copy of a determination under this section to be given to each registered funded agency to which it applies. 29 Power to invest s. 29 A registered funded agency may invest money in any manner authorised by law for the time being for the investment of trust funds. 30 Approved borrowers and guarantees (1) The Minister and the Treasurer may declare a registered funded agency to be an approved borrower for the purposes of this section. (2) An approved borrower may, with the approval of the Minister and the Treasurer, obtain financial accommodation, whether within or outside , secured or arranged in a manner and for a period approved by the Treasurer. (3) The due satisfaction of amounts payable by a registered funded agency as a result of or in connection with the provision to the registered funded agency of financial accommodation to which subsection (2) applies including, without limiting the generality of the foregoing, the payment of the expenses of enforcing or obtaining or endeavouring to enforce or obtain such satisfaction, is guaranteed by the Government of Victoria.
(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 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.
(3) In appointing persons to a community advisory committee, a board 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. 65ZB(4) amended by No. 52/2004 s. 35(c). (4) The board of a public health service must appoint a person to fill a vacancy in the membership of a community advisory committee within 3 months after the vacancy arises. S. 65ZC inserted by No. 39/2000 s. 8. 65ZC Primary care and population health advisory committee s. 65ZC S. 65ZC(1) amended by No. 52/2004 s. 36(a). (1) Subject to this section, a primary care and population health advisory committee consists of such number of members as the board of the public health service determines. S. 65ZC(2) amended by No. 52/2004 s. 36(b). (2) A board of a public health service must ensure that its primary care and population health advisory committee consists of persons who between them have the following knowledge and expertise— S. 65ZC(2)(a) amended by No. 52/2004 s. 36(b). (a) expertise in or knowledge of the provision of primary health services in the areas served by the public health service; S. 65ZC(2)(b) amended by No. 52/2004 s. 36(b). (b) expertise in identifying health issues affecting the population served by the public health service and designing strategies to improve the health of that population; S. 65ZC(2)(c) amended by No. 52/2004 s. 36(b). (c) knowledge of the health services provided by local government in the areas served by the 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 s. 68 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.
(b) the contractor or a sub-contractor must as directed by the administrator, cease to act in relation to the management or operation of the hospital completely or to the extent specified in the direction. 50 penalty units. (4) A person engaged or employed by the contractor or a sub-contractor to act in relation to the management or operation of the hospital must comply with the directions of the administrator in doing so. 50 penalty units. (5) An administrator appointed under subsection (2) has and may carry out or exercise for the period of the appointment all of the functions or powers of the contractor or any sub-contractor, in relation to the management or operation of the hospital, under this Act or the regulations or the agreement under section 69B(1). (6) Without limiting subsection (5), the administrator has power to do anything necessary for the protection of the health or safety of public hospital patients receiving or requiring health services at the hospital in accordance with the agreement under section 69B(1). S. 69F(7) amended by No. 46/1998 s. 7(Sch. 1). (7) The Secretary must provide the administrator with any assistance necessary to the carrying out of his or her functions or exercise of his or her powers under this section. (8) Nothing in this section limits, or takes away, any function or power conferred on a person (including a person on whom a function or power is conferred by this section), whether under this or any other Act or otherwise including the agreement under section 69B(1).
(j) whether appropriate arrangements have been or will be made for evaluating, monitoring and improving the quality of health services provided by the establishment; and S. 83(1)(k) amended by No. 99/1995 s. 16(1). (k) if the applicant is not the owner in fee simple of the premises, whether the arrangements under which the premises are or are to be occupied are satisfactory for the proper carrying on by the proprietor of the establishment; and S. 83(1)(l) inserted by No. 99/1995 s. 16(1), amended by No. 55/2006 s. 7(2). (l) whether all conditions to which the approval in principle is subject have been met; and s. 83 S. 83(1)(m) inserted by No. 55/2006 s. 7(3). (m) the security of the applicant's tenure over the premises in which the applicant proposes to carry on the health service establishment; and S. 83(1)(n) inserted by No. 55/2006 s. 7(3). (n) if the applicant 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 applicant's involvement in the other health service establishment; and (ii) the number of complaints, if any, that have been brought within the previous 3 years by or on behalf of residents of the other health service establishment (regardless of who received the complaints) and how the complaints have been dealt with; and
(iii) the financial management of the other health service establishment; and (iv) the applicant's compliance with any reporting requirements under this Act that relate to the other health service establishment; and s. 83 (v) whether the applicant has carried on the other health service establishment in accordance with this Act, the regulations and, if the establishment is registered under this Act, any conditions to which the registration of the establishment is subject; and (vi) whether the applicant has been convicted or found guilty of an offence under this Act or the regulations in relation to the other health service establishment; and (vii) the capacity of the applicant to meet any requirements for the registration under this Act of the other health service establishment. S. 83(2) amended by Nos 99/1995 s. 16(2)(a)(b), 46/1998 s. 7(Sch. 1). (2) The Secretary must not refuse to register premises as a health service establishment on any ground that is inconsistent with any approval in principle in force under Division 1. S. 83(3) inserted by No. 49/2010 s. 224. (3) In this section, other health service establishment includes a supported residential service. 84 Decision on application S. 84(1) amended by No. 46/1998 s. 7(Sch. 1). s. 84 (1) The Secretary must decide whether to register (whether or not subject to conditions) or to refuse to register premises to which an application under section 82 relates.
(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— s. 89 (i) the extent and nature of the proprietor's involvement in the other health service establishment; and (ii) the number of complaints, if any, that have been brought within the previous 3 years by or on behalf of residents of the other health service establishment (regardless of who received the complaints) and how the complaints have been dealt with; and s. 89
S. 108HA–HD inserted by No. 55/2006 s. 14, repealed by No. 49/2010 s. 226(2). * * * * * S. 108I inserted by No. 73/1997 s. 8 (as amended by No. 13/1998 s. 14(7)(a)(b)), repealed by No. 49/2010 s. 226(2). * * * * * S. 108J inserted by No. 73/1997 s. 8 (as amended by No. 13/1998 s. 14(8)), repealed by No. 49/2010 s. 226(2). s. 108HA * * * * * S. 108K inserted by No. 73/1997 s. 8 (as amended by No. 13/1998 s. 14(9)), repealed by No. 49/2010 s. 226(2). * * * * * S. 108L inserted by No. 73/1997 s. 8 (as amended by No. 13/1998 s. 14(10)), amended by No. 18/2004 s. 16, repealed by No. 49/2010 s. 226(2). * * * * *
S. 110 amended by Nos 46/1998 s. 7(Sch. 1) (as amended by No. 12/1999 s. 3(Sch. 1 item 15(d)), 52/1998 s. 311(Sch. 1 items 36.4, 36.5) (ILA s. 39B(1)). 110 Reviews s. 110 (1) A person whose interests are affected by the relevant decision may apply to the Victorian Civil and Administrative Tribunal for review of a decision of the Minister or the Secretary under this Part— (a) to approve or refuse to approve an application; or (b) to impose conditions on the approval of an application; or S. 110(1)(c)(d) amended by No. 88/1994 s. 16, repealed by No. 49/2010 s. 226(3). * * * * * (e) to revoke the registration of a health service establishment; or S. 110(1)(f) amended by No. 88/1994 s. 16, repealed by No. 49/2010 s. 226(3). * * * * * S. 110(1)(fa) inserted by No. 55/2006 s. 17, repealed by No. 49/2010 s. 226(3). * * * * *
S. 112 amended by Nos 13/1998 s. 7, 46/1998 s. 7(Sch. 1). 112 Offence to provide excess beds or accommodation s. 112 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.
115 Offence to build etc. without approval in principle s. 115 S. 115(1) amended by Nos 99/1995 s. 18(a), 13/1998 s. 9. (1) A person must not enter into an agreement or arrangement for the construction, alteration or extension of a health service establishment unless an approval in principle under this Part is in force in respect of that construction, alteration or extension. 120 penalty units. S. 115(2) amended by Nos 99/1995 s. 18(b), 13/1998 s. 9. (2) The proprietor of a health service establishment must not authorise or permit the construction, alteration or extension of any part of the establishment unless an approval in principle under this Part is in force in respect of that construction, alteration or extension. 120 penalty units. 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
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. s. 115U (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 s. 115V (1) In this section—
or part is revived as from the beginning of the day on which the purchasing policy or part was disallowed; and (b) any purchasing policy or part that had been amended by the disallowed purchasing policy or part takes effect without that amendment as from the beginning of the day on which the purchasing policy or part was disallowed in all respects as if the disallowed purchasing policy or part had not been made. Division 4—Membership and procedure S. 134D inserted by No. 18/2001 s. 8, amended by Nos 52/2004 s. 45, 108/2004 s. 117(1) (Sch. 3 item 96.10), substituted by No. 42/2005 s. 14. 134D Members of HPV (1) HPV consists of the following members appointed by the Governor in Council on the recommendation of the Minister— (a) a chairperson who, in the Minister's opinion has knowledge of or experience in purchasing, logistics or supply chain management; (b) the chief executive officer of a public health service (other than a public hospital referred to in paragraph (c)(ii)); (c) the chief executive officer of a public hospital that— (i) is listed in Schedule 1; or (ii) was an old public hospital within the meaning of section 232 and became a public health service on or after 1 July 2004; (d) a person employed in the Department who is nominated by the Secretary to the Department; (e) a person employed in the Department administered by the Treasurer who is
Division 1—Hospitals and charities fund S. 135 amended by No. 38/1998 s. 14(1). 135 Definition s. 135 In this Division, agency includes an ambulance service under the Ambulance Services Act 1986. 136 Hospitals and Charities Fund (1) There shall be established in the Public Account as part of the Trust Fund an account to be known as the Hospitals and Charities Fund. (2) There shall be paid into the Fund— (a) all money standing to the credit of the Hospitals and Charities Fund under the Hospitals and Charities Act 1958 immediately before the commencement of this Act; and S. 136(2)(b) repealed by No. 31/1994 s. 3(Sch. 1 item 33(a)). * * * * * S. 136(2)(c) amended by Nos 31/1994 s. 3(Sch. 1 item 33(b)), 73/2000 s. 100, 114/2003 s. 12.1.3 (Sch. 6 item 6). (c) all money authorised under this Act, the Racing Act 1958, the Gambling Regulation Act 2003 or any other Act to be paid, or otherwise made available for payment, into the Fund. (3) There shall be paid out of the Fund— (a) all liabilities of the Hospitals and Charities Fund under the Hospitals and Charities Act 1958 that have not been met before the commencement of this section; and S. 136(3)(b) amended by No. 38/1998 s. 14(2). (b) amounts determined by the Minister as payable under this Act to or on behalf of an agency; and
in respect of which a declaration under subsection (1) has been made shall not be required by reason only of being such a member, officer or employee— S. 139(4)(a) amended by No. 53/1990 s. 21(e)(iii). (a) to produce before any court, tribunal, board, agency or person any document in his or her possession or under his or her control by reason only of being such a member, officer or employee while the declaration was in force; or S. 139(4)(b) amended by No. 53/1990 s. 21(e)(iii). (b) to divulge or communicate to any court, tribunal, board, agency or person any matter or thing coming under his or her notice by reason only of being such a member, officer or employee while the declaration was in force. S. 139(4A) inserted by No. 42/1993 s. 21(4). s. 139 (4A) Subsections (3) and (4) do not apply to information that does not identify, either expressly or by implication, a particular individual or particular individuals. S. 139(4B) inserted by No. 42/1993 s. 21(4). (4B) Subsection (4) does not apply to a document that does not identify, either expressly or by implication, a particular individual or particular individuals. S. 139(5) amended by No. 53/1990 s. 21(f)(i)(ii). (5) Evidence of any information or document concerning the proceedings or prepared for the purposes of a committee, council or other body at any time when a declaration under this section was in force in respect of it is not admissible in any action or proceedings before any court, tribunal, board, agency or person. S. 139(6) inserted by No. 53/1990 s. 21(g). (6) If there is an inconsistency between this section and a provision of any other Act or law, this section prevails to the extent of the inconsistency. 140 Proclaimed services s. 140
S. 155(3) substituted by No. 32/2006 s. 94(Sch. item 25(5)). (3) For the purposes of subsection (1), an infringement notice must be in the form required by the Infringements Act 2006 and may contain any additional prescribed details. S. 155(4) repealed by No. 32/2006 s. 94(Sch. item 25(6)). * * * * * S. 155(5) amended by No. 57/1989 s. 5(3), repealed by No. 32/2006 s. 94(Sch. item 25(6)). * * * * * S. 155(6) repealed by No. 32/2006 s. 94(Sch. item 25(6)). * * * * * 156 Power to bring proceedings s. 156 An authorised officer of the Department or a member of the police force may bring proceedings for an offence against this Act. S. 156A inserted by No. 73/1997 s. 9 (as amended by No. 13/1998 s. 15). 156A Extension of time limit for proceedings for certain offences Despite anything to the contrary in any Act, proceedings against sections 108A, 108D to 108L and 115 of this Act may be commenced within 3 years after the commission of the alleged offence. 157 Evidentiary (1) In proceedings under this Act, no proof is required— (a) of an order or authority to bring proceedings; or
(b) of the appointment of an authorised officer of the Department. S. 157(2) amended by No. 46/1998 s. 7(Sch. 1). (2) A copy of an order, direction, authority, decision or notice made or given under this Act by the Minister or the Secretary and signed and certified by the Minister or the Secretary to be a true copy and to have been so made or given is evidence of the making or giving of the order, direction, authority, decision or notice. S. 157AA inserted by No. 124/1993 s. 28. 157AA Supreme Court—limitation of 138C s. 157AA It is the intention of this section to alter or vary section 85 of the Constitution Act 1975 to the extent necessary to prevent the Supreme Court from entertaining an action for compensation in circumstances where section 138C provides that no compensation is payable. S. 157A inserted by No. 42/1993 s. 20(2). 157A Supreme Court—limitation of 126A It is the intention of this section to alter or vary section 85 of the Constitution Act 1975 to the extent necessary to prevent the bringing before the Supreme Court of an action of the kind referred to in section 126A. S. 157B inserted by No. 112/1993 s. 11. 157B Supreme Court—limitation of 18F It is the intention of this section to alter or vary section 85 of the Constitution Act 1975 to the extent necessary to prevent the bringing of an action before the Supreme Court of the kind referred to in section 18F.
prescribing a class or classes of person who may give, use or collect that information; S. 158(1)(o) amended by No. 46/1998 s. 7(Sch. 1). (o) returns to be made to the Secretary by proprietors of health service establishments; S. 158(1)(oa) inserted by No. 1/2001 s. 4(1), repealed by No. 79/2008 s. 12. * * * * * (p) penalties not exceeding 100 penalty units for breaches of the regulations; (q) any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. (2) The regulations— (a) may be of general or limited application; and (b) may differ according to differences in time, place or circumstances; and S. 158(2)(ba) inserted by No. 53/1990 s. 23(f), amended by No. 46/1998 s. 7(Sch. 1). (ba) may leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by the Secretary, a municipal council or public authority or an officer of such a council or authority; and S. 158(2)(bb) inserted by No. 53/1990 s. 23(f), amended by No. 88/1994 s. 21(b). (bb) may prescribe fees payable for accommodation in, or health care or any other service provided by a public hospital or denominational hospital in terms of being a percentage of the pension and rental allowance under any Commonwealth law as payable from time to time; and S. 158(2)(c) repealed by No. 42/1993 s. 22(1). * * * * * s. 158
S. 244 inserted by No. 52/2004 s. 51. 244 Definitions s. 244 In this Part— agency means— (a) a public hospital; or (b) a public health service; 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; liabilities means all liabilities, duties and obligations, whether actual, contingent or prospective; old instrument means an instrument subsisting immediately before the effective date of an Order under section 248— (a) to which a transferring agency was a party; or (b) that was given to or in favour of a transferring agency; or (c) that refers to a transferring agency; or (d) under which— (i) money is, or may become, payable to or by a transferring agency; or (ii) other property is to be, or may become liable to be, transferred to or by a transferring agency; 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;
S. 260 inserted by No. 52/2004 s. 51. 260 Evidence (1) This section applies if— (a) property or rights of a transferring agency vest in a receiving agency under section 253 or 254; or (b) liabilities of a transferring agency become the liabilities of a receiving agency under section 253 or 254. (2) Documentary or other evidence that would have been admissible for or against the interests of a transferring agency if the relevant Order had not been made under section 248, is admissible for or against the interests of the receiving agency. S. 260(3) amended by No. 69/2009 s. 54(Sch. Pt 1 item 30.4). (3) The Evidence Act 2008 applies with respect to the books of account of a transferring agency and to entries made in those books of account before the effective date of the relevant Order under section 248, whether or not they relate to the property, rights or liabilities, as if those books of account and entries were business records. S. 260(4) repealed by No. 69/2009 s. 54(Sch. Pt 1 item 30.5). * * * * * S. 261 inserted by No. 52/2004 s. 51. 261 Saving of quality assurance bodies s. 261 (1) This section applies to a committee, council or other body established by one or more transferring agencies and declared to be an approved quality assurance body under section 139. (2) The Minister, by notice published in the Government Gazette, may declare that a designated committee, council or body to which this section applies is to be taken to be a body established by a designated receiving agency.
: All of Act in operation Health Services (Amendment) Act 1994, No. 88/1994 Assent Date: 6.12.94 Commencement Date: Ss 1, 2 on 6.12.94: s. 2(1); rest of Act on 2.3.95: Government Gazette 2.3.95 p. 431 : All of Act in operation Valuation of Land (Amendment) Act 1994, No. 91/1994 Assent Date: 6.12.94 Commencement Date: S. 25 on 23.1.95: Government Gazette 19.1.95 p. 121 : This information relates only to the provision/s amending the Health Services Act 1988 Statute Law Revision Act 1995, No. 11/1995 Assent Date: 26.4.95 Commencement Date: 26.4.95 : All of Act in operation Health Services (Metropolitan Hospitals) Act 1995, No. 46/1995 Assent Date: 14.6.95 Commencement Date: 14.6.95 : All of Act in operation Miscellaneous Acts (Health and Justice) Amendment Act 1995, No. 99/1995 Assent Date: 5.12.95 Commencement Date: 5.12.95 : All of Act in operation Legal Practice Act 1996, No. 35/1996 Assent Date: 6.11.96 Commencement Date: S. 453(Sch. 1 item 38) on 1.1.97: s. 2(3) : This information relates only to the provision/s amending the Health Services Act 1988 Health Acts (Further Amendment) Act 1996, No. 68/1996 Assent Date: 17.12.96 Commencement Date: Pt 6 (ss 18–36) on 17.12.96: s. 2(1) : This information relates only to the provision/s amending the Health Services Act 1988 Health Services (Community Health Centres) Act 1997, No. 17/1997 Assent Date: 6.5.97 Commencement Date: Ss 1, 2 on 6.5.97: s. 2(1): s. 3 on 1.9.97: s. 2(2) : All of Act in operation Endnotes Health Services (Amendment) Act 1997, No. 73/1997 (as amended by Nos 13/1998, 52/1998)
Assent Date: 8.6.10 Commencement Date: S. 58 on 1.7.10: Special Gazette (No. 235) 23.6.10 p. 1 : This information relates only to the provision/s amending the Health Services Act 1988 Endnotes Supported Residential Services (Private Proprietors) Act 2010, No. 49/2010 Assent Date: 24.8.10 Commencement Date: Ss 219–226 on 1.7.12: s. 2(2) : This information relates only to the provision/s amending the Health Services Act 1988 Subordinate Legislation Amendment Act 2010, No. 78/2010 Assent Date: 19.10.10 Commencement Date: S. 24(Sch. 1 item 15) on 1.1.11: s. 2(1) : This information relates only to the provision/s amending the Health Services Act 1988 Health Services Amendment (Health Innovation and Reform Council) Act 2011, No. 17/2011 Assent Date: 31.5.11 Commencement Date: Ss 3, 4 on 1.3.12: s. 2(2) : All of Act in operation Consumer Acts Amendment Act 2011, No. 36/2011 Assent Date: 23.8.11 Commencement Date: S. 34 on 24.8.11: s. 2(1) : This information relates only to the provision/s amending the Health Services Act 1988 Australian Consumer Law and Fair Trading Act 2012, No. 21/2012 Assent Date: 8.5.12 Commencement Date: S. 239(Sch. 6 item 21) on 1.7.12: Special Gazette (No. 214) 28.6.12 p. 1 : This information relates only to the provision/s amending the Health Services Act 1988 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Government Gazette 10 August 1988 page 2433 Government Gazette 19 October 1988 page 3182 Government Gazette 2 November 1988 page 3281 Government Gazette 14 December 1988 page 3769 Government Gazette 22 March 1989 page 658 Government Gazette 20 September 1989 page 2427 Government Gazette 11 October 1989 page 2597 Government Gazette 18 October 1989 page 2666 Government Gazette 24 January 1990 page 222 Government Gazette 7 March 1990 page 705 Government Gazette 23 May 1990 page 1623