the methods of calculations by which accounts are made up; S. 3(1) def. of authorised officer amended by Nos 68/1996 s. 19(a), 46/1998 s. 7(Sch. 1). authorised officer means a person appointed by the Secretary for the purposes of this Act; board in relation to an agency means the committee of management or governing body (by whatever name called) of the agency; S. 3(1) def. of by-law substituted by No. 53/1990 s. 4(a), amended by No. 99/1995 s. 5(a). by-law— s. 3 (i) in relation to a health service establishment or registered funded agency that is a corporation with articles of association, means the corporation's articles of association; and (ii) in relation to any other health service establishment or registered funded agency or a multi purpose service, means a principal regulatory instrument made by the establishment or agency or a multi purpose service but does not include rules made under a principal regulatory instrument; S. 3(1) def. of Chief General Manager substituted by No. 46/1995 s. 4(a), repealed by No. 46/1998 s. 7(Sch. 1). * * * * *
S. 3(1) def. of close associate inserted by No. 55/2006 s. 4(1), repealed by No. 49/2010 s. 219(a). * * * * * S. 3(1) def. of community health centre repealed by No. 79/2008 s. 6(1)(a). * * * * * S. 3(1) def. of Council inserted by No. 17/2011 s. 3. Council means the Health Innovation and Reform Council established under Part 6A; S. 3(1) def. of day procedure centre amended by No. 99/1995 s. 12. day procedure centre means premises where— (a) a major activity carried on is the provision of health services of a prescribed kind or kinds and for which a charge is made; and (b) persons to whom treatment of that kind or those kinds is provided are reasonably expected to be admitted and discharged on the same date— s. 3 but does not include a public hospital, denominational hospital or private hospital; denominational hospital means— (a) a hospital listed in Schedule 2; or (b) premises occupied by such a hospital— as the case requires; S. 3(1) def. of dentist repealed by No. 26/1999 s. 107(Sch. item 4). * * * * *
S. 3(1) def. of state funded nursing home repealed by No. 73/1997 s. 4(e). * * * * * S. 3(1) def. of State funded residential care service inserted by No. 73/1997 s. 4(e). State funded residential care service means premises in respect of which a declaration under section 6 is in force; S. 3(1) def. of successor agency inserted by No. 66/1998 s. 4, amended by No. 39/2000 s. 4(4). successor agency, in relation to a former agency, means a body that is by force of a provision of this Act or of the Hospitals and Charities Act 1958 or any previous enactment corresponding to that Act— s. 3 (a) the successor, or deemed to be the successor, of the former agency (whether for all purposes or for the purposes of a trust in relation to a former agency); or (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. 11A inserted by No. 52/2004 s. 7. 11A Principal function of the Secretary To ensure that the objectives of this Act are met, the Secretary may— (a) advise the Minister on the operation of this Act; (b) develop policies and plans with respect to health services provided by health care agencies; (c) fund or purchase health services and monitor, evaluate and review publicly funded or purchased health services; (d) encourage safety and improvement in the quality of health services provided by health care agencies and health service establishments; (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; s. 11A (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 s. 12 The Minister, after consulting widely with any persons who may be affected, may prepare draft guidelines for all or any of the following—
(i) for ensuring that it makes efficient use of its resources; and (ii) for monitoring and improving the quality of health services provided by the agency; and (iii) for making its services accessible to minority groups and disadvantaged people; and (iv) for enabling users of its services to make informed decisions about health care; and (v) for enabling its employees to participate in decisions about their work environment; (b) whether the provision of services of any kind by the agency is likely to result in more than adequate services of that kind becoming available in any area; (c) whether the provision of services by the agency is consistent with any guidelines in force under Part 2; (d) whether the agency has complied with any health service agreement or interim funding statement relating to it; s. 18 (e) if the agency has failed to comply with a health service agreement or interim funding statement, the reasons for non-compliance; S. 18(ea) inserted by No. 112/1993 s. 5, amended by No. 46/1998 s. 7(Sch. 1). (ea) the terms of any agreement between the agency and the Secretary under which the agency is to provide health services, and the provision of those health services is to be funded in whole or in part by the Secretary; S. 18(eb) inserted by No. 112/1993 s. 5. (eb) in the case of an agency which is a public hospital or a denominational hospital, whether it has complied with any direction
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 S. 18B(1) amended by Nos 46/1998 s. 7(Sch. 1) (as amended by No. 12/1999 s. 3(Sch. 1 item 12)), 108/2004 s. 117(1) (Sch. 3 item 96.1). (1) The Secretary may engage— (a) a registered provider within the meaning of the Health Services (Conciliation and Review) Act 1987; or S. 18B(1)(b) amended by No. 46/1998 s. 7(Sch. 1). (b) a person with qualifications which, in the opinion of the Secretary are appropriate, and who belongs to a class of persons designated for the purpose of this paragraph by the Governor in Council by Order published in the Government Gazette— to be a case mix auditor on any terms and conditions that the Secretary thinks fit, and the Public Administration Act 2004 does not apply to any person in respect of an appointment under this subsection. S. 18B(2) amended by No. 46/1998 s. 7(Sch. 1). (2) The Secretary may designate an authorised officer to be a case mix auditor. S. 18B(3) amended by No. 46/1998 s. 7(Sch. 1). (3) The Secretary must issue to a case mix auditor a copy of his or her authorisation to act as a case mix auditor.
21 Conditions of registration S. 21(1) amended by No. 46/1998 s. 7(Sch. 1). s. 21 (1) The Secretary must not register an agency under this Division unless the Secretary has approved the constitution, objects, purposes and by-laws of the agency. S. 21(2) amended by No. 46/1998 s. 7(Sch. 1). (2) The Secretary may refuse to register an unincorporated agency if he or she considers that, having regard to the services provided by the agency, the agency should be incorporated or should be managed by an incorporated body. 22 Registration S. 22(1) amended by No. 46/1998 s. 7(Sch. 1). (1) The Secretary— (a) may register; or (b) may refuse to register— an agency that has applied for registration under section 20(3)(b). S. 22(2) amended by No. 46/1998 s. 7(Sch. 1). (2) The Secretary may at any time cancel the registration of a registered funded agency. S. 22(3) amended by No. 46/1998 s. 7(Sch. 1). (3) The Secretary must keep a register of registered funded agencies and must make the register available for inspection by the public during ordinary business hours. Division 3—Registered funded agencies S. 23 repealed by No. 88/1994 s. 9. * * * * *
24 Rules of registered funded agency S. 24(1) amended by No. 46/1998 s. 7(Sch. 1). (1) A registered funded agency must not— (a) change its name; or (b) change its objects or purposes; or S. 24(1)(c) amended by No. 53/1990 s. 7(a). (c) amend or alter its constitution; or S. 24(1)(d) inserted by No. 53/1990 s. 7(b). (d) make, amend or alter its by-laws— without the approval in writing of the Secretary. 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 s. 24 (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. 42(1)(f) amended by No. 39/2000 s. 7(b). (f) the extent to which and the conditions on which the hospital should make use of facilities, services, equipment or supplies provided by another hospital or should allow another hospital to make use of its facilities, services, equipment or supplies; S. 42(1)(fa) inserted by No. 39/2000 s. 7(c). s. 42 (fa) the extent to which and the conditions on which a hospital is required to obtain or purchase facilities, services, equipment or supplies provided by another hospital or another person or body; S. 42(1)(fb) inserted by No. 18/2001 s. 6(1). (fb) a requirement that a public hospital appoint HPV as its agent for the purposes of obtaining or purchasing goods and services and the conditions on which the appointment is to be made; S. 42(1)(g) amended by No. 49/2010 s. 222. (g) the manner in which, and extent to which, the admission of patients, patient care and treatment should be co-ordinated between hospitals, supported residential services, registered funded agencies and health service establishments; S. 42(1)(h) amended by No. 46/1998 s. 7(Sch. 1) (as amended by No. 12/1999 s. 3(Sch. 1 item 14)). (h) the accounts and records which should be kept by the hospital and the returns and other information which should be supplied to the Secretary; S. 42(1)(i) amended by No. 46/1998 s. 7(Sch. 1) (as amended by No. 12/1999 s. 3(Sch. 1 item 14)). (i) the inspection of its facilities and its accounts and records by the Secretary;
(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 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.
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— s. 89 (i) the extent and nature of the proprietor's involvement in the other health service establishment; and
S. 103 amended by Nos 88/1994 s. 14, 46/1998 s. 7(Sch. 1), 18/2004 s. 10, 55/2006 s. 9, repealed by No. 49/2010 s. 226(1). * * * * * Division 5—General 104 Notification of decisions by Chief General Manager S. 104(1) amended by No. 46/1998 s. 7(Sch. 1). s. 104 (1) Where, under this Part, the Secretary is required to give notice of a decision within the period determined under this section, the Secretary must give the notice— (a) within 60 days after receiving the application to which the decision relates, being an application in accordance with the requirements of this Part; or S. 104(1)(b) amended by No. 46/1998 s. 7(Sch. 1). (b) if the Secretary has requested the applicant to give further information, within 28 days after the information last requested is given to the Secretary— whichever is the later. S. 104(2) amended by No. 46/1998 s. 7(Sch. 1). (2) If— S. 104(2)(a) amended by No. 46/1998 s. 7(Sch. 1). (a) the Secretary has made two or more requests for further information from the applicant; and (b) not less than four months have elapsed since the applicant made the application— the applicant may give notice in writing to the Secretary requiring that a decision be made.
(c) the multi purpose service became the successor in law of the body; s. 115A (d) except for the purposes of any trust in relation to the body, the incorporation of the body was cancelled. S. 115A(4) inserted by No. 66/1998 s. 11(3). (4) On and from the date on which an Order referred to in subsection (3) took effect— (a) for the purposes of any trust in relation to the body, the multi purpose service referred to in the Order is, and must be taken to have always been, the same body as the body to which the Order relates; and (b) without limiting the effect of paragraph (a), an instrument creating a trust in relation to— (i) the body to which the Order relates; or (ii) a former agency of which that body is the successor agency— continues, and must be taken to have always continued, to have effect according to its tenor as if the trust were in relation to the multi purpose service. S. 115B inserted by No. 99/1995 s. 6. 115B Multi purpose services do not represent Crown s. 115B A multi purpose service does not represent, and shall not be taken to be part of, the Crown. S. 115C inserted by No. 99/1995 s. 6. 115C Objects and functions of multi purpose services (1) The objects of a multi purpose service are as approved for the time being by the board of the multi purpose service. (2) The functions of a multi purpose service are the provision of any or a combination of the following— (a) public hospital services; (b) health services;
S. 115E(7) amended by No. 46/1998 s. 7(Sch. 1) (as amended by No. 12/1999 s. 3(Sch. 1 item 16)), substituted by Nos 108/2004 s. 117(1) (Sch. 3 item 96.8), 80/2006 s. 26(Sch. item 48.5). (7) The Public Administration Act 2004 (other than Part 3 of that Act) applies to a member of a board in respect of the office of member. S. 115F inserted by No. 99/1995 s. 6. 115F Terms and conditions of appointment s. 115F (1) A member of a board of a multi purpose service holds office for the term, not exceeding 3 years, specified in the instrument of appointment and is eligible for re-appointment. (2) A member of a board is entitled to be paid expenses incurred in holding office as a member of the board. (3) A person appointed to a board of a multi purpose service to fill a vacancy which arises otherwise than by expiry of a member's term of office holds office for the remainder of that member's term. S. 115G inserted by No. 99/1995 s. 6. 115G Removal and resignation (1) A member of a board of a multi purpose service may resign by writing signed by that person and delivered to the Governor in Council. (2) The Governor in Council, on the recommendation of the Minister, may remove a member of a board from office.
S. 115T inserted by No. 99/1995 s. 6. 115T Amalgamations s. 115T (1) The governing bodies of 2 or more bodies, each being a registered funded agency or a multi purpose service, may agree that the bodies should amalgamate under this Part only if— (a) the bodies and the agencies or the services, as the case may be, are not prohibited from doing so by any Acts or other documents creating them and the amalgamation is made in accordance with those Acts or other documents; and (b) apart from this Part, there is no law of the Commonwealth or the State under which they could amalgamate. S. 115T(2) amended by No. 66/1998 s. 16. (2) The governing bodies of the agencies or multi purpose services must submit the agreement to the Secretary. S. 115T(3) amended by No. 46/1998 s. 7(Sch. 1). (3) The Secretary must not advise the Minister to approve the agreement unless the Secretary is satisfied that— (a) the amalgamation will result in the provision of better health services in any part of ; and (b) the amalgamation is otherwise in the public interest. S. 115T(4) amended by No. 46/1998 s. 7(Sch. 1). (4) The Minister, on the advice of the Secretary, may approve the agreement. S. 115U inserted by No. 99/1995 s. 6. 115U Governor in Council may order amalgamation s. 115U S. 115U(1) amended by No. 46/1998 s. 7(Sch. 1). (1) The Governor in Council, on the recommendation of the Minister made after receiving advice from the Secretary under section 115T, may by Order published in the Government Gazette direct that—
(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 s. 134J 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 s. 134K (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,
Pt 6A (Heading and ss inserted by No. 17/2011 s. 4. S. 134P inserted by No. 17/2011 s. 4. 134P Establishment of Health Innovation and Reform Council s. 134P The Health Innovation and Reform Council is established. S. 134Q inserted by No. 17/2011 s. 4. 134Q Functions of the Council The functions of the Council are to provide advice to, and report to, the Minister and the Secretary on the effective and efficient delivery of quality health services at the request of the Minister. S. 134R inserted by No. 17/2011 s. 4. 134R Members of the Council (1) The Council consists of not more than 7 members appointed by the Minister by Order published in the Government Gazette. (2) A member of the Council— (a) holds office for the term, not exceeding 3 years, that is specified in his or her instrument of appointment; and (b) is eligible for re-appointment for a further 2 terms; (c) is entitled to be paid the fees and allowances as are from time to time fixed by the Minister. (3) At least one member of the Council is to be a registered provider within the meaning of the Health Services (Conciliation and Review) Act 1987. (4) The Minister must appoint a member to be the Chairperson of the Council.
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
(4) A person must not carry on a proclaimed service in contravention of any conditions or requirements specified in the proclamation. Penalty applying to this subsection: 100 penalty units. 141 Confidentiality s. 141 (1) In this section— S. 141(1) def. of person to whom this section applies amended by No. 112/1993 s. 10(1), substituted as relevant person by No. 67/2003 s. 4(1)(a), amended by No. 52/2004 s. 48(1). relevant person means— (a) a relevant health service; or (b) the board of a relevant health service; or (c) a person who is or has been a member of the board of a relevant health service; or (ca) a person who is or has been a delegate to a board of a public hospital appointed under section 40C; or (cb) a person who is or has been a delegate to a board of a public health service appointed under section 65ZAA; or (d) a person who is or has been the proprietor of a relevant health service; or (e) a person who is or has been engaged or employed in or by a relevant health service, or performs work for a relevant health service; S. 141(1) def. of relevant health service amended by Nos 88/1994 s. 19, 99/1995 s. 9, 79/2008 s. 11(1). relevant health service means— (a) a public hospital or denominational hospital; or (b) a private hospital; or (c) a multi purpose service; or
(h) requirements for the provision and maintenance of facilities, equipment, furnishings and fittings in health service establishments; S. 158(1)(i) amended by No. 53/1990 s. 23(c). (i) requirements for suitable storage facilities for food and medicines in health service establishments; (j) requirements for meal arrangements and for the supervision of medication in health service establishments; S. 158(1)(k) amended by Nos 53/1990 s. 23(d), 88/1994 s. 21(a)(ii). (k) requirements for or prohibiting advertising of private hospitals and supported residential services, including prohibiting or regulating the use of the words "private hospital" and "supported residential service"; s. 158 (l) requirements to be complied with in relation to advising next of kin or other responsible persons concerned with the condition of a person accommodated in or receiving health care or other services from health service establishments; S. 158(1)(m) amended by No. 53/1990 s. 23(e). (m) requirements for the provision of and the display of information and documents in health service establishments; (n) records to be kept by registered funded agencies and proprietors of health service establishments, including the form of records, the time when or period within which entries are to be made in the records and the period for which records are to be retained; S. 158(1)(na) inserted by No. 2/2001 s. 103(5). (na) requirements or conditions relating to the giving or the use or collection of information for the purposes of section 141(3)(e)(ii) or section 141(3A) including, but not limited to,
(2) A decision purporting to have been made on or after 14 May 1989 by the members constituting the Cancer Institute Board immediately before that date and made before the appointment of a new board of the Peter MacCallum Cancer Institute on 14 June 1989 is deemed to be and always to have been a decision of the Peter MacCallum Cancer Institute. S. 166B inserted by No. 31/1990 s. 3(2). 166B s. 166B (1) The is deemed to be and always to have been the successor in law of the Queen's at and the Fairfield Hospital Board. (2) A decision purporting to have been made on or after 14 May 1989 by the members constituting the Fairfield Hospital Board immediately before that date and made before the appointment of a new board of the on 14 June 1989 is deemed to be and always to have been a decision of the . S. 167 substituted by No. 31/1990 s. 4. 167 (1) In this section, operative day means the day of publication in the Government Gazette of an Order under section 8(1) adding the Tweddle Child and Family Health Service to the list of hospitals in Schedule 1. (2) On the operative day, The Tweddle Baby Hospital, a company limited by guarantee, is dissolved. (3) On and from the operative day, the Tweddle Child and Family Health Service is the successor in law of The .
New s. 181 inserted by No. 39/2000 s. 11. 181 Order establishing a metropolitan health service s. 181 (1) The Governor in Council, by Order published in the Government Gazette may, on the recommendation of the Minister, establish a metropolitan health service. (2) If an Order is made under subsection (1)— (a) a new metropolitan health service with the name specified in the Order comes into existence; and (b) Schedule 5 is amended by the addition of the name of the new metropolitan health service in the appropriate alphabetical position. New s. 182 inserted by No. 39/2000 s. 11. 182 Establishment of first board (1) Despite section 65T, the board of a metropolitan health service that comes into existence under an Order under section 181 consists of the persons (being not less than 6 and not more than 9) named in the Order. (2) For the purposes of Division 9B of Part 3, the Order under section 181 constitutes the instrument of appointment of the directors of the board and may include terms and conditions of appointment. New s. 183 inserted by No. 39/2000 s. 11. 183 Appointment of first chief executive officer s. 183 (1) The Governor in Council, by Order published in the Government Gazette, may on the recommendation of the Minister, appoint a person to act as the first chief executive officer of a metropolitan health service established by Order under section 181. (2) The Order may specify the period (being not more than 6 months) of appointment and the terms and
New s. 200 inserted by No. 39/2000 s. 11. 200 Interests in land Without prejudice to the generality of this Division and despite anything to the contrary in any other Act or law, if, immediately before the effective date of an Order under section 181, a transferring hospital is the registered proprietor of an interest in land under the Transfer of Land Act 1958, on and after that date— (a) the new health service is to be taken to be the registered proprietor of that interest in land; and (b) the new health service has the same rights and remedies in respect of that interest as the transferring hospital had. New s. 201 inserted by No. 39/2000 s. 11. 201 Amendment of Register The Registrar of Titles, on being requested to do so and on delivery of any relevant certificate of title or instrument, must make any amendments in the Register that are necessary because of the operation of this Division. S. 202 inserted by No. 39/2000 s. 11. 202 Taxes No stamp duty or other tax is chargeable under any Act in respect of anything effected by or done under this Division or in respect of any act or transaction connected with or necessary to be done by reason of this Division, including a transaction entered into or an instrument made, executed, lodged or given. S. 203 inserted by No. 39/2000 s. 11. 203 Evidence (1) Documentary or other evidence that would have been admissible for or against the interests of a transferring hospital if an Order had not been made under section 181, is admissible for or against the interests of the new health service.
S. 207 inserted by No. 39/2000 s. 11. 207 Division to prevail s. 207 If there is any inconsistency between this Division and Division 9A of Part 3, this Division prevails to the extent of the inconsistency. S. 208 inserted by No. 39/2000 s. 11. 208 Transfer Order (1) The Governor in Council, by Order published in the Government Gazette, may, on the recommendation of the Minister— (a) allocate to a metropolitan health service such of the property, rights and liabilities of a metropolitan hospital as are specified in the Order; or (b) allocate to a community health centre such of the property, rights and liabilities of a metropolitan hospital as are specified in the Order. (2) Without limiting subsection (1), an Order under that subsection may allocate property, rights and liabilities by reference— (a) to a campus of a metropolitan hospital or other place; or (b) to a class or category of property, rights or liabilities; or (c) to a combination of paragraphs (a) and (b). S. 209 inserted by No. 39/2000 s. 11. 209 Property rights and liabilities transferred to metropolitan health service or community health centre s. 209 If an Order is made under section 208, then on the effective date of the Order— (a) all property and rights of the transferring hospital specified in the Order vest in the metropolitan health service or community health centre specified in the Order; and
Sch. 2 amended by GGs 23.5.90 p. 1623, 1.8.90 p. 2389, 20.2.91 p. 331, 4.9.91 p. 2478, 9.9.93 p. 2512, SG (No. 21) 6.3.01 p. 1, GGs 5.7.01 p. 1605, 22.12.05 p. 3053, 13.3.08 p. 548, 31.7.08 p. 1856. SCHEDULE 2 Sch. 2 Section 3 Calvary Health Care Bethlehem Limited Mercy Public Hospitals Incorporated St Vincent's Hospital () Limited _______________ Sch. 3 inserted by No. 46/1995 s. 13, amended by GGs 27.7.95 pp 1977–1983, 21.12.95 p. 3655, SG (No. 56) 23.5.96 p. 1, GG 25.9.97 pp 2708, 2709, SG (No. 139) 3.11.97 p. 1, GG 18.12.97 p. 3749. SCHEDULE 3 Sections 3 and 8 and Repatriation Medical Centre Dental Health Services Inner and Eastern Health Care Network North Western Health Care Network Peninsula Health Care Network Southern Health Care Network Women's and Children's Health Care Network _______________ Sch. 4 inserted by No. 68/1996 s. 36, amended by GGs 27.8.98 p. 2322, 24.8.00 p. 2163. SCHEDULE 4 Sch. 4 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. SCHEDULE 5 Sch. 5 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 Western Health __________________
Assent Date: 28.4.98 Commencement Date: 28.4.98 : All of Act in operation Ambulance Services (Amendment) Act 1998, No. 38/1998 Assent Date: 26.5.98 Commencement Date: S. 14(2) on 30.6.98: Government Gazette 25.6.98 p. 1562; s. 14(1) on 1.12.99: s. 2(3) : This information relates only to the provision/s amending the Health Services Act 1988 Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998 (as amended by No. 12/1999) Assent Date: 26.5.98 Commencement Date: S. 7(Sch. 1) on 1.7.98: s. 2(2) : This information relates only to the provision/s amending the Health Services Act 1988 Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998 Assent Date: 2.6.98 Commencement Date: S. 311(Sch. 1 item 36) on 1.7.98: Government Gazette 18.6.98 p. 1512 : This information relates only to the provision/s amending the Health Services Act 1988 Health Services (Further Amendment) Act 1998, No. 66/1998 Assent Date: 4.11.98 Commencement Date: Ss 4, 5, 7–14, 16 on 4.11.98: s. 2(1): s. 6 on 21.12.98: Government Gazette 17.12.98 p. 3053 : This information relates only to the provision/s amending the Health Services Act 1988 Endnotes Transfer of Land (Single Register) Act 1998, No. 85/1998 Assent Date: 17.11.98 Commencement Date: S. 24(Sch. item 32) on 1.1.99: s. 2(3) : This information relates only to the provision/s amending the Health Services Act 1988 Public Sector Reform (Further Amendments) Act 1999, No. 12/1999 Assent Date: 11.5.99 Commencement Date: S. 4(Sch. 2 item 7) on 11.5.99: s. 2(1) : This information relates only to the provision/s amending the Health Services Act 1988 Dental Practice Act 1999, No. 26/1999