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HEALTH ACTS (FURTHER AMENDMENT) BILL 1996

Clause                            Page

        Health Acts (Further Amendment) Act 1996
                                Act No.


                      TABLE OF PROVISIONS
Clause                            Page

PART 1--PRELIMINARY                                                     1
  1.     Purpose                                                        1
  2.     Commencement                                                   2

PART 2--CANCER ACT 1958                                                 3
  3.     Principal Act                                                  3
  4.     Amendment of section 10                                        3
  5.     Amendment of section 11(2)                                     3
  6.     Section 11A inserted                                           3
         11A. Section 11 report additional to Financial Management
                  Act                                                   3
  7.     Statute law revision                                           4

PART 3--DRUGS, POISONS AND CONTROLLED SUBSTANCES
ACT 1981                                                                5
  8.     Principal Act                                                  5
  9.     Amendment of definition                                        5
  10.    Amendment of section 12E                                       5
  11.    Section 12F(3) repealed                                        5
  12.    Amendment of section 12I                                       5
  13.    Amendments to the Poisons Advisory Committee                   6
         15.      Establishment and membership of Poisons Advisory
                  Committee                                             6
         15A. Terms and conditions of appointment                       7
         15B. Resignation and removal                                   7
         15C. Vacancies                                                 8
         15D. Quorum and proceedings                                    8
         15E.     Co-opted members                                      8
         16.      Sub-committees                                        9
         17.      Functions of the Committee                           10
  14.    Section 18 amended                                            10
  15.    Statute law revision                                          10

PART 4--PHARMACISTS ACT 1974                                           12
  16.    Persons who may and may not own pharmacies                    12



                                     i
531052B.I1-15/10/96                          BILL LA INTRODUCTION 15/10/96

 


 

Clause Page PART 5--CEMETERIES ACT 1958 13 17. Statute law revision 13 1. Short title 13 PART 6--HEALTH SERVICES ACT 1988 14 18. Principal Act 14 19. Amendment of definitions 14 20. Designated public hospital 16 21. Amendment of Schedules 16 22. Medicare Principles and Commitments 17 23. New section 17AB inserted 17 17AB. Definition 17 24. Case mix funding 17 25. Application of Division 2 of Part 3 17 26. Payment of remuneration 18 27. New Division 7 inserted in Part 3 of Principal Act 18 Division 7--Transitional Management Agreements 18 52. Definitions 18 53. Minister may enter into transitional management agreements 19 54. Matters to be included in agreement 19 55. Appointment of administrator 21 56. Consequences of agreement 22 57. Right of intervention in management 23 57A. Re-establishment of board of management 24 57B. Closure 25 28. New Part 3A inserted in Principal Act 25 PART 3A--PUBLIC HOSPITAL PATIENT SERVICES AGREEMENTS 25 Division 1--Definitions 25 69A. Definitions 25 Division 2--Agreements 25 69B. Minister may enter into public hospital patient services agreements 26 69C. Matters that may be included in agreement 27 69D. Agreement to run with land 29 69E. Rights of access 30 69F. Right of intervention in management 31 69G. Application of FOI Act 33 69H. Investigation of administrative actions 34 29. Insertion of penalties 35 ii 531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96

 


 

Clause Page 30. Multi purpose services 35 31. New section 116A inserted 35 116A. Definition 35 32. Payment of fees 35 33. Confidentiality 36 34. Section 152A inserted 36 152A. Offences by bodies corporate etc 36 35. New section 157E inserted 36 157E. Supreme Court--limitation of jurisdiction 36 36. New Schedule 4 inserted 36 PART 7--MENTAL HEALTH ACT 1986 37 37. Amendment of definition 37 NOTES 38 iii 531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96

 


 

A BILL to amend the Cancer Act 1958, the Drugs, Poisons and Controlled Substances Act 1981, the Pharmacists Act 1974, the Cemeteries Act 1958, the Health Services Act 1988 and the Mental Health Act 1986 and for other purposes. Health Acts (Further Amendment) Act 1996 The Parliament of Victoria enacts as follows: PART 1--PRELIMINARY 1. Purpose The purpose of this Act is to amend the Cancer Act 1958, the Drugs, Poisons and Controlled 5 Substances Act 1981, the Pharmacists Act 1974, the Cemeteries Act 1958, the Health Services Act 1988 and the Mental Health Act 1986. 1 531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96

 


 

Health Acts (Further Amendment) Act 1996 s. 2 Act No. 2. Commencement (1) Parts 1, 3, 4, 6 and 7 come into operation on the day on which this Act receives the Royal Assent. (2) Part 5 is deemed to have come into operation on 5 16 May 1995. (3) Part 2 comes into operation on 31 December 1996. _______________ 2 531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96

 


 

Health Acts (Further Amendment) Act 1996 s. 3 Act No. PART 2--CANCER ACT 1958 No. 6213. 3. Principal Act Reprinted to No. 23/1989 In this Part, the Cancer Act 1958 is called the and Principal Act. subsequently amended by No. 23/1994. 5 4. Amendment of section 10 (1) In section 10(1) of the Principal Act, for "October" substitute "April". (2) In section 10(2)(b)(ii) of the Principal Act, for "twelve months" substitute "financial year". 10 (3) After section 10(3) of the Principal Act insert-- "(4) For the purposes of this Act and the Financial Management Act 1994, the financial year of the council is the period 1 January to 31 December.". 15 5. Amendment of section 11(2) In section 11(2) of the Principal Act omit "together with the full account of the receipts and expenditure and of the funds investments and properties of the council and the audited balance- 20 sheet submitted to the council at such annual meeting". 6. Section 11A inserted After section 11 of the Principal Act insert-- "11A. Section 11 report additional to Financial 25 Management Act The general report required to be prepared under this Act and tabled in accordance with section 11 is in addition to any report or financial statement required under the 30 Financial Management Act 1994.". 3 531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96

 


 

Health Acts (Further Amendment) Act 1996 s. 7 Act No. 7. Statute law revision In section 16(2)(b) of the Principal Act, for "and the nomination" substitute "on the nomination". _______________ 5 4 531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96

 


 

Health Acts (Further Amendment) Act 1996 s. 8 Act No. PART 3--DRUGS, POISONS AND CONTROLLED SUBSTANCES ACT 1981 No. 9719. 8. Principal Act Reprinted to No. 52/1994 In this Part, the Drugs, Poisons and Controlled and 5 Substances Act 1981 is called the Principal Act. subsequently amended by No. 66/1995. 9. Amendment of definition In section 4(1) of the Principal Act, in the definition of "Poisons Code" for "and in force for the time being" substitute "or substituted and in 10 force from time to time". 10. Amendment of section 12E (1) In section 12E of the Principal Act, after sub- section (1) insert-- "(1A) To ensure consistency with the 15 Commonwealth standard, the Minister may at any time-- (a) amend the Poisons Code; or (b) revoke and substitute the Poisons Code.". 20 (2) In section 12E(2) of the Principal Act, after "amendment to" insert "or revocation and substitution of". 11. Section 12F(3) repealed Section 12F(3) of the Principal Act is repealed. 25 12. Amendment of section 12I In section 12I(2)(a) of the Principal Act, for "and in force for the time being" substitute "or substituted and in force from time to time". 5 531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96

 


 

Health Acts (Further Amendment) Act 1996 s. 13 Act No. 13. Amendments to the Poisons Advisory Committee For sections 15 to 17 of the Principal Act substitute-- "15. Establishment and membership of Poisons 5 Advisory Committee (1) There is established a committee to be called the "Poisons Advisory Committee". (2) The Committee consists of up to 9 members appointed by the Minister of whom-- 10 (a) one is to be the Chief General Manager or his or her nominee who is also to be the chairperson; (b) 2 are to be registered medical practitioners of whom-- 15 (i) one must have expertise in clinical pharmacology; and (ii) one must have expertise in the treatment of drug dependence; (c) 2 are to be pharmacists of whom-- 20 (i) one must have expertise in community pharmacy; and (ii) one must have expertise in hospital pharmacy; (d) 2 are to be persons with expertise in the 25 pharmaceutical industry of whom-- (i) one is to be from the manufacturing sector of that industry; and (ii) one is to be from the wholesaling 30 sector of that industry; 6 531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96

 


 

Health Acts (Further Amendment) Act 1996 s. 13 Act No. (e) one is to be a person with expertise in the manufacturing and distribution of poisons for non-therapeutic use; (f) one is to be the nominee of the Chief 5 Commissioner of Police. (3) If the Chief Commissioner of Police fails to nominate a person under sub-section (2)(f) within 1 month of receiving a request in writing from the Minister to do so, the 10 Minister may appoint a person the Minister considers suitable to that office. 15A. Terms and conditions of appointment (1) A member of the Committee holds office for a period not exceeding 3 years and is eligible 15 for reappointment. (2) The instrument of appointment of a member of the Committee may specify terms and conditions of appointment. (3) A member of the Committee, other than a 20 member who is an officer or employee of the public service, is entitled to receive the fees, travelling and other allowances from time to time fixed by the Minister in respect of that member. 25 (4) The Public Sector Management Act 1992 (except Part 9 or in accordance with Part 8) does not apply to a member of the Committee in respect of the office of member. 30 15B. Resignation and removal (1) A member of the Committee may resign that office by writing signed by the member and addressed to the Minister. 7 531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96

 


 

Health Acts (Further Amendment) Act 1996 s. 13 Act No. (2) The Minister may at any time remove a member of the Committee from office. 15C. Vacancies (1) The Minister may fill a vacancy in the office 5 of member of the Committee however arising. (2) An act or decision of the Committee is not invalid only because of-- (a) a vacancy in its membership; or 10 (b) a defect or irregularity in the appointment of any of its members. 15D. Quorum and proceedings (1) A quorum of the Committee consists of at least 5 members other than co-opted 15 members of the Committee. (2) The chairperson must preside at a meeting of the Committee at which he or she is present. (3) If the chairperson is not present at a meeting, the members present may elect a member to 20 preside at the meeting. (4) The person presiding at a meeting has a deliberative vote and, in the case of an equality of votes, a second or casting vote. (5) The Committee must meet at least 3 times 25 each year at the places and times appointed by the Minister or the chairperson. (6) Subject to this Act, the Committee may regulate its own proceedings. 15E. Co-opted members 30 (1) To assist in the consideration of a particular matter or issue, the Committee may co-opt any person as a member of the Committee. 8 531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96

 


 

Health Acts (Further Amendment) Act 1996 s. 13 Act No. (2) A person co-opted under this section-- (a) may only attend meetings relating to and vote on the matters or issues in relation to which he or she is co-opted; 5 and (b) may be removed at any time by the Committee. (3) A person co-opted as a member of the Committee other than a person who is an 10 officer or employee of the public service, is entitled to receive the fees, travelling and other allowances from time to time fixed by the Minister. 16. Sub-committees 15 (1) The Committee may establish any sub- committees that it thinks necessary for the purposes of this Act. (2) The Committee may co-opt any person with expertise in any relevant field for the 20 purposes of a sub-committee. (3) A person co-opted under this section-- (a) may only attend meetings relating to and vote on the matters or issues in relation to which he or she is co-opted; 25 and (b) may be removed at any time by the Committee. (4) A person co-opted to a sub-committee other than a person who is an officer or employee 30 of the public service, is entitled to receive the fees, travelling and other allowances from time to time fixed by the Minister. 9 531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96

 


 

Health Acts (Further Amendment) Act 1996 s. 14 Act No. 17. Functions of the Committee (1) The functions of the Committee are-- (a) to advise the Minister and the Chief General Manager, having regard to the 5 interests of protecting and promoting public health, on-- (i) the availability and presentation of drugs and poisons; and (ii) responses to issues relating to 10 drugs and poisons; and (b) to advise the Minister or the Chief General Manager on any matter referred to the Committee by the Minister or the Chief General Manager, 15 as the case may be. (2) The Committee must consult with a nominee of the Minister administering the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 on any issue 20 relating to agricultural and veterinary chemicals.". 14. Section 18 amended In section 18 of the Principal Act, for "Public Service Act 1974" substitute "Public Sector 25 Management Act 1992". 15. Statute law revision In section 133A of the Principal Act-- (a) in sub-section (1), for "Subordinate Legislation Act 1962" substitute 30 "Subordinate Legislation Act 1994"; and (b) in sub-section (2), for "section 6(2) of the Subordinate Legislation Act 1962" 10 531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96

 


 

Health Acts (Further Amendment) Act 1996 s. 15 Act No. substitute "section 23 of the Subordinate Legislation Act 1994"; and (c) in sub-section (3), for "Subordinate Legislation Act 1962" substitute 5 "Subordinate Legislation Act 1994". _______________ 11 531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96

 


 

Health Acts (Further Amendment) Act 1996 s. 16 Act No. PART 4--PHARMACISTS ACT 1974 No. 8593. 16. Persons who may and may not own pharmacies Reprinted to 23/1994. (1) For section 21(4) of the Pharmacists Act 1974 substitute-- 5 "(4) Nothing in this section or section 33(1)(a) to (c) of this Act applies to a registered society within the meaning of the Friendly Societies Act 1986 while the society is acting in accordance with the provisions of that Act.". 10 (2) Before section 21(6) of the Pharmacists Act 1974 insert-- "(5) Nothing in this section or section 33(1)(a) of this Act applies to a registered funded agency within the meaning of the Health 15 Services Act 1988 while it is acting in accordance with the provisions of the Health Services Act 1988 and this Act.". _______________ 12 531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96

 


 

Health Acts (Further Amendment) Act 1996 s. 17 Act No. PART 5--CEMETERIES ACT 1958 No. 6217. 17. Statute law revision Reprinted to 21/1995. Before section 2 of the Cemeteries Act 1958, insert-- 5 "1. Short title This Act may be cited as the Cemeteries Act 1958.". _______________ 13 531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96

 


 

Health Acts (Further Amendment) Act 1996 s. 18 Act No. PART 6--HEALTH SERVICES ACT 1988 No. 49/1988. 18. Principal Act Reprinted to No. 63/1995 In this Part, the Health Services Act 1988 is and G.G. called the Principal Act. 17.8.1995 and subsequently amended by No. 99/1995 and S.G. (No. 108) 31.10.1995, G.G. 21.12.1995, G.G. 29.2.1996, S.G. (No. 56) 23.5.1996, G.G. 20.6.1996, G.G. 27.6.1996, and G.G. 26.9.96. 5 19. Amendment of definitions In section 3 of the Principal Act-- (a) in the definition of "authorised officer", for "Part 7" substitute "this Act"; (b) in the definition of "designated public 10 hospital" after "public hospital" insert "or privately-operated hospital"; (c) in the definition of "private hospital", after "made" insert "and includes a privately- operated hospital"; 14 531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96

 


 

Health Acts (Further Amendment) Act 1996 Act No. (d) after the definition of "private hospital" insert-- ' "privately-operated hospital" means-- (a) a hospital within the meaning of 5 Part 3A listed in Schedule 4; or 15 531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96

 


 

Health Acts (Further Amendment) Act 1996 s. 20 Act No. (b) premises occupied by such a hospital listed in Schedule 4-- as the case requires;'. 20. Designated public hospital 5 (1) In section 7(1) of the Principal Act, after "public hospital" (where first, secondly and fourthly occurring) insert "or privately-operated hospital". (2) In section 7(2) of the Principal Act, after "public hospital" (where first and secondly occurring) 10 insert "or privately-operated hospital". (3) In section 7 of the Principal Act, after sub-section (2) insert-- "(3) If a privately-operated hospital or any part of a privately-operated hospital is declared to 15 be a designated public hospital, section 106 applies to that hospital or part only to the extent to which it provides health services to public hospital patients.". 21. Amendment of Schedules 20 In section 8 of the Principal Act, after sub-section (2) insert-- "(3) The Governor in Council, by Order published in the Government Gazette, may amend Schedule 4 by-- 25 (a) adding the name of a hospital within the meaning of Part 3A; or (b) removing the name of a hospital if it has ceased to be a hospital within the meaning of Part 3A; or 30 (c) amending the name of a hospital.". 16 531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96

 


 

Health Acts (Further Amendment) Act 1996 s. 22 Act No. 22. Medicare Principles and Commitments In section 17AA of the Principal Act, after sub- section (4) insert-- "(5) In this Part, a reference to public hospital 5 services includes a reference to services provided to public hospital patients by privately-operated hospitals.". 23. New section 17AB inserted In Division 1 of Part 3 of the Principal Act, before 10 section 17A insert-- '17AB. Definition In this Division, "agency" does not include a privately-operated hospital.'. 24. Case mix funding 15 (1) In section 18A of the Principal Act, before "In" insert "(1)". (2) In section 18A of the Principal Act, at the end of the section insert-- '(2) In this Division, "public hospital" includes 20 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.'. 25 25. Application of Division 2 of Part 3 In section 19 of the Principal Act, at the end of paragraph (b) insert-- "; or (c) a privately-operated hospital.". 30 17 531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96

 


 

Health Acts (Further Amendment) Act 1996 s. 26 Act No. 26. Payment of remuneration In section 34 of the Principal Act, for sub-section (2) substitute-- "(2) A member of a board is entitled to be paid-- 5 (a) expenses incurred in holding office as a member of the board; and (b) such remuneration as is specified in the instrument of appointment. (3) Despite sub-section (2)(b), a member of a 10 board who is also a member of the Legislative Council or a member of the Legislative Assembly is not entitled to be paid remuneration as a member of the board.". 15 27. New Division 7 inserted in Part 3 of Principal Act In Part 3 of the Principal Act, after Division 6 insert-- 'Division 7--Transitional Management Agreements 20 52. Definitions In this Division-- "administrator", in relation to a public hospital, means the administrator appointed under section 55(3); 25 "manager" means a party to an agreement with the Minister under section 53(1), other than the public hospital that is the subject of that agreement. 18 531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96

 


 

Health Acts (Further Amendment) Act 1996 s. 27 Act No. 53. Minister may enter into transitional management agreements (1) The Minister may, for and on behalf of the Crown, enter into an agreement with a 5 person or body and a specified public hospital for the management by that person or body of that public hospital. (2) The Minister may only enter into an agreement under sub-section (1) in relation 10 to a public hospital providing services that are to be replaced by services to be provided by a privately-operated hospital in accordance with an agreement previously entered into by the Minister under section 15 69B(1) or being then entered into by him or her. (3) The Minister must obtain the written approval of the Treasurer before entering into an agreement under sub-section (1). 20 (4) 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 25 services; or (b) limits, or takes away, any power of the Chief General Manager under this Act to enter into health service agreements. 54. Matters to be included in agreement 30 (1) An agreement under section 53(1) may-- (a) provide for the management and operation of the hospital; (b) provide for the maintenance and repair of the hospital; 19 531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96

 


 

Health Acts (Further Amendment) Act 1996 s. 27 Act No. (c) provide for the services to be provided by the manager to hospital patients; (d) provide for the fees, costs and charges to be paid to the manager; 5 (e) provide for objectives and performance standards in relation to the manager's operations under the agreement; (f) provide for consultation by the manager, as specified in the agreement, 10 with a body representative of community views identified, or appointed or selected in the manner specified, in the agreement; (g) provide for the submission of periodic 15 reports in relation to the manager's operations under the agreement; (h) provide for the extent of indemnities by parties to the agreement; (i) deal with financial arrangements; 20 (j) specify liabilities, risks and insurances; (k) deal with the handover to the privately- operated hospital that is to replace the hospital as a service provider; (l) leave any matter to be determined, 25 approved or dispensed with by a specified person or body; (m) provide for the assignment to the Minister, the Crown or any other person of any right or interest; 30 (n) provide for the creation of any security over property; 20 531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96

 


 

Health Acts (Further Amendment) Act 1996 s. 27 Act No. (o) provide for the Minister to delegate powers and functions under the agreement; (p) provide for sub-contracting; 5 (q) provide for the suspension of obligations under the agreement in specified circumstances, except the obligation referred to in paragraph (h); (r) provide for the Minister, the Crown or 10 any other person or body to take over, or nominate any other person or body to take over, rights or obligations under the agreement or any other agreement or under any transaction; 15 (s) provide for rights of access to the hospital; (t) contain any other provisions that are not inconsistent with this Act or the regulations. 20 55. Appointment of administrator (1) If the Minister proposes to enter into an agreement under section 53(1) with respect to a public hospital, the Minister may appoint an administrator to enter into the 25 agreement for and on behalf of the public hospital. (2) A public hospital is bound by an agreement entered into by an administrator for and on its behalf in accordance with sub-section (1) 30 to the same extent as if it had been entered into by the public hospital under its official seal. (3) If an agreement is entered into under section 53(1) with respect to a public hospital, the 35 Minister must before the coming into effect 21 531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96

 


 

Health Acts (Further Amendment) Act 1996 s. 27 Act No. of that agreement appoint an administrator of the hospital for the period and subject to the terms and conditions specified in the instrument of appointment. 5 (4) An administrator appointed under sub- section (3) may be the same person as was appointed administrator under sub-section (1) in relation to the public hospital or may be a different person. 10 56. Consequences of agreement (1) On the coming into effect of an agreement under section 53(1)-- (a) the members of the board of management of the public hospital that 15 is the subject of the agreement cease to hold office; and (b) except as otherwise provided by the agreement, the administrator has and may exercise all the powers and is 20 subject to all the duties of the board of the hospital under, and comprises that board for the purposes of, this Act and the by-laws; and (c) sections 33(3) to (10), 34 and 35 cease 25 to apply in relation to the board of that hospital and continue not to so apply during the period of appointment of the administrator. (2) Despite anything to the contrary in Division 30 8 of Part 3, that Division does not apply to a public hospital that is the subject of an agreement under section 53(1) while the agreement continues in force. (3) A public hospital continues to be the same 35 body after as before the coming into effect of 22 531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96

 


 

Health Acts (Further Amendment) Act 1996 s. 27 Act No. an agreement under section 53(1) with respect to it. 57. Right of intervention in management (1) The Minister may intervene in the 5 management of a hospital that is the subject of an agreement under section 53(1) if he or she considers that it is necessary to do so for the protection of the health or safety of patients receiving or requiring services at the 10 hospital. (2) If the Minister intervenes in the management of a hospital, he or she may appoint the administrator appointed under section 55(3) to manage the hospital until the Minister 15 determines that the health or safety of patients receiving or requiring services at the hospital no longer requires the administrator to manage the hospital. (3) If an administrator is appointed under sub- 20 section (2), then for the period of that appointment-- (a) the manager must act in relation to the management or operation of the hospital in accordance with the 25 directions of the administrator; or (b) the manager must as directed by the administrator, cease to act in relation to the management or operation of the hospital completely or to the extent 30 specified in the direction. Penalty: 50 penalty units. (4) A person engaged or employed by the manager to act in relation to the management or operation of the hospital must comply 23 531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96

 


 

Health Acts (Further Amendment) Act 1996 s. 27 Act No. with the directions of the administrator in doing so. Penalty: 50 penalty units. (5) An administrator appointed under sub- 5 section (2) has and may carry out or exercise for the period of the appointment all of the functions or powers of the manager, in relation to the management or operation of the hospital, under this Act or the regulations 10 or the agreement under section 53(1). (6) Without limiting sub-section (5), the administrator has power to do anything necessary for the protection of the health or safety of patients receiving or requiring 15 health services at the hospital. (7) The Chief General Manager must provide the administrator with any assistance necessary to the carrying out of his or her functions or exercise of his or her powers 20 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 25 under this or any other Act or otherwise including the agreement under section 53(1). 57A. Re-establishment of board of management (1) Members may again be appointed in accordance with Division 4 to a board of 30 management of the public hospital that is the subject of an agreement under section 53(1) if the agreement is terminated or the obligations of the manager under the agreement are suspended. 24 531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96

 


 

Health Acts (Further Amendment) Act 1996 s. 28 Act No. (2) On the re-establishment under sub-section (1) of the board of management, the appointment of the administrator is revoked. (3) Nothing in sub-section (2) limits, or takes 5 away, any power of the Minister under section 41 of the Interpretation of Legislation Act 1984 in relation to the appointment of the administrator. 57B. Closure 10 The public hospital that is the subject of an agreement under section 53(1) may be closed in accordance with section 62 on the termination or expiry of the agreement.'. 28. New Part 3A inserted in Principal Act 15 In the Principal Act, after Part 3 insert-- 'PART 3A--PUBLIC HOSPITAL PATIENT SERVICES AGREEMENTS Division 1--Definitions 69A. Definitions 20 In this Part-- "contractor" means a party to an agreement with the Minister under section 69B(1); "hospital" means any premises where persons are provided with or offered 25 health services as public hospital patients in accordance with an agreement with the Minister under section 69B(1); "sub-contractor" means a sub-contractor of 30 a contractor or of a sub-contractor. Division 2--Agreements 25 531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96

 


 

Health Acts (Further Amendment) Act 1996 s. 28 Act No. 69B. Minister may enter into public hospital patient services agreements (1) The Minister may, for and on behalf of the Crown-- 5 (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 10 become a privately-operated hospital; or (b) enter into an agreement with a person or body which is ancillary to an agreement entered into under paragraph 15 (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 20 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 sub-section (1). 25 (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 30 services; or (b) limits, or takes away, any power of the Chief General Manager under this Act to enter into health service agreements. 26 531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96

 


 

Health Acts (Further Amendment) Act 1996 s. 28 Act No. 69C. Matters that may be included in agreement (1) An agreement under section 69B(1)(a) may provide for-- (a) the design, construction, 5 commissioning and ownership of the hospital; (b) the management and operation of the hospital; (c) the maintenance and repair of the 10 hospital; (d) the services to be provided by the contractor to public hospital patients; (e) the fees, costs and charges to be paid to the contractor; 15 (f) objectives and performance standards in relation to the provision of health services; (g) consultation by the contractor, as specified in the agreement, with a body 20 representative of community views identified, or appointed or selected in the manner specified, in the agreement; (h) the submission of periodic reports in relation to the contractor's operations 25 under the agreement; (i) the extent of indemnities by parties to the agreement; (j) the office the holder of which is to be the principal officer for the purposes of 30 the application of the Freedom of Information Act 1982 to the contractor as a provider of health services to public hospital patients; 27 531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96

 


 

Health Acts (Further Amendment) Act 1996 s. 28 Act No. (k) the office the holder of which is to be the principal officer for the purposes of the application of the Ombudsman Act 1973 to the contractor as a provider of 5 health services to public hospital patients. (2) An agreement under section 69B(1), including an agreement under section 69B(1)(a), may contain-- 10 (a) a provision dealing with financial arrangements; (b) a provision specifying liabilities, risks and insurances; (c) a provision leaving any matter to be 15 determined, approved or dispensed with by a specified person or body; (d) a provision providing for the assignment to the Minister, the Crown or any other person of any right or 20 interest; (e) a provision providing for the creation of any security over property; (f) a provision providing for the Minister to delegate powers and functions under 25 the agreement; (g) a provision providing for sub- contracting; (h) a provision requiring the provision by the contractor of a performance bond; 30 (i) a provision providing for the suspension of obligations under the agreement in specified circumstances, except the obligations referred to in sub-section (1)(i), (j) and (k); 28 531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96

 


 

Health Acts (Further Amendment) Act 1996 s. 28 Act No. (j) a provision providing for-- (i) the Minister, the Crown or any other person or body to take over, or nominate any other person or 5 body to take over, rights or obligations under the agreement or any other agreement or under any transaction; (ii) the transfer of land to the 10 Minister, the Crown or any other person or body in the circumstances set out in the agreement; (k) a provision providing for rights of 15 access to the hospital; (l) any other provisions that are not inconsistent with this Act or the regulations. 69D. Agreement to run with land 20 (1) An agreement entered into under section 69B(1) under which the owner of land covenants to transfer that land to the Minister, the Crown or any other person or body in the circumstances set out in the 25 agreement must be under seal and must bind the owner of the land to those covenants. (2) Sections 181, 182 and 183 of the Planning and Environment Act 1987 apply to that agreement as if a reference in those sections 30 to the responsible authority were a reference to the transferee of the land. (3) Land which is transferred to the Minister or the Crown in accordance with an agreement under section 69B(1) is deemed to be 35 unalienated land of the Crown freed and 29 531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96

 


 

Health Acts (Further Amendment) Act 1996 s. 28 Act No. discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests. (4) No compensation is payable by the Crown in 5 respect of the transfer of land to the Minister or the Crown in accordance with an agreement under section 69B(1) except compensation (if any) which is expressly provided for in that agreement. 10 69E. Rights of access (1) A contractor or sub-contractor must give the Minister, the Chief General Manager and any authorised officer free and unfettered access at all times, together with any 15 assistants and equipment that the Minister, the Chief General Manager or authorised officer considers necessary-- (a) to the hospital; and (b) to all public hospital patients receiving 20 health services at the hospital; and (c) to all documents in the possession of the contractor or sub-contractor relating to the provision of health services to public hospital patients at the 25 hospital-- for the purpose of ensuring compliance with this Act or the regulations or the agreement under section 69B(1). Penalty: 50 penalty units. 30 (2) A contractor or sub-contractor must give an administrator appointed under section 69F free and unfettered access at all times, together with any assistants and equipment that the administrator considers necessary-- 30 531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96

 


 

Health Acts (Further Amendment) Act 1996 s. 28 Act No. (a) to the hospital; and (b) to all public hospital patients receiving health services at the hospital; and (c) to all documents in the possession of 5 the contractor or sub-contractor relating to the provision of health services to public hospital patients at the hospital-- for the purpose of enabling the administrator 10 to carry out his or her functions and exercise his or her powers under that section. Penalty: 50 penalty units. (3) Nothing in this section limits, or takes away, any function or power conferred on a person 15 (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). 20 69F. Right of intervention in management (1) The Minister may intervene in the management of a hospital if he or she considers that it is necessary to do so for the protection of the health or safety of public 25 hospital patients receiving or requiring services at the hospital. (2) If the Minister intervenes in the management of a hospital, he or she may appoint an administrator to manage the hospital until the 30 Minister determines that the health or safety of public hospital patients receiving or requiring services at the hospital no longer requires the appointment of an administrator. 31 531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96

 


 

Health Acts (Further Amendment) Act 1996 s. 28 Act No. (3) If an administrator is appointed under sub- section (2), then for the period of that appointment-- (a) the contractor or a sub-contractor must 5 act in relation to the management or operation of the hospital in accordance with the directions of the administrator; or (b) the contractor or a sub-contractor must 10 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. Penalty: 50 penalty units. 15 (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. 20 Penalty: 50 penalty units. (5) An administrator appointed under sub- section (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 25 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 sub-section (5), the 30 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 35 69B(1). 32 531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96

 


 

Health Acts (Further Amendment) Act 1996 s. 28 Act No. (7) The Chief General Manager must provide the administrator with any assistance necessary to the carrying out of his or her functions or exercise of his or her powers 5 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 10 under this or any other Act or otherwise including the agreement under section 69B(1). 69G. Application of FOI Act (1) The Freedom of Information Act 1982 15 applies to a contractor or a sub-contractor in its capacity as a provider of health services to public hospital patients at the hospital in accordance with an agreement under section 69B(1) or a sub-contract agreement as if-- 20 (a) the contractor or sub-contractor were an agency within the meaning of that Act; and (b) the holder of the office specified in the agreement under section 69B(1) or in 25 the sub-contract agreement for the purposes of the application of the Freedom of Information Act 1982 were the principal officer of that agency; and 30 (c) the Minister were the responsible Minister of that agency; and (d) the persons employed by the contractor or sub-contractor were officers of that agency. 33 531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96

 


 

Health Acts (Further Amendment) Act 1996 s. 28 Act No. (2) Nothing in this section applies the Freedom of Information Act 1982 to a contractor or sub-contractor-- (a) in any capacity other than that 5 mentioned in sub-section (1); or (b) with respect to any period during which health services were not actually being provided by the contractor or sub- contractor to public hospital patients at 10 the hospital. 69H. Investigation of administrative actions (1) The Ombudsman Act 1973 applies to a contractor or a sub-contractor in its capacity as a provider of health services to public 15 hospital patients at the hospital in accordance with an agreement under section 69B(1) or a sub-contract agreement as if-- (a) the contractor or sub-contractor were a public statutory body within the 20 meaning of that Act; and (b) the holder of the office specified in the agreement under section 69B(1) or in the sub-contract agreement for the purposes of the application of the 25 Ombudsman Act 1973 were the principal officer of that public statutory body; and (c) the persons employed by the contractor or sub-contractor were employees of 30 that public statutory body. (2) Nothing in this section applies the Ombudsman Act 1973 to a contractor or sub-contractor-- (a) in any capacity other than that 35 mentioned in sub-section (1); or 34 531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96

 


 

Health Acts (Further Amendment) Act 1996 s. 29 Act No. (b) with respect to any period during which health services were not actually being provided by the contractor or sub- contractor to public hospital patients at 5 the hospital.'. 29. Insertion of penalties (1) In section 106 of the Principal Act-- (a) at the foot of sub-section (1) insert-- "Penalty: 2 penalty units."; and 10 (b) at the foot of sub-section (2) insert-- "Penalty: 2 penalty units.". (2) In section 107 of the Principal Act, at the foot of that section insert-- "Penalty: 100 penalty units.". 15 30. Multi purpose services In section 115A(1) of the Principal Act, after "115C(2)" insert "and that is not a privately- operated hospital". 31. New section 116A inserted 20 After section 116 insert-- '116A. Definition In this Part, "resident", in relation to a privately-operated hospital that is a designated public hospital, means a public 25 hospital patient who is a resident of that hospital.'. 32. Payment of fees In section 138(1) of the Principal Act, for "or denominational hospital" substitute ", privately- 30 operated hospital, denominational hospital". 35 531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96

 


 

Health Acts (Further Amendment) Act 1996 s. 33 Act No. 33. Confidentiality In section 141(3) of the Principal Act, after paragraph (e) insert-- "(ea) to the giving of information in accordance 5 with an agreement under section 53(1) or 69B(1); or". 34. Section 152A inserted After section 152 of the Principal Act insert-- "152A. Offences by bodies corporate etc 10 If a body corporate is guilty of an offence against this Act or the regulations made under this Act, any person who is concerned or takes part in the management of the body corporate who was in any way, by act or 15 omission, directly or indirectly knowingly concerned in or party to the commission of the offence is also guilty of the offence.". 35. New section 157E inserted After section 157D of the Principal Act insert-- 20 "157E. Supreme Court--limitation of jurisdiction It is the intention of section 69D(4) to alter or vary section 85 of the Constitution Act 1975.". 36. New Schedule 4 inserted 25 After Schedule 3 to the Principal Act insert-- "SCHEDULE 4 PRIVATELY-OPERATED HOSPITALS.". _______________ 36 531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96

 


 

Health Acts (Further Amendment) Act 1996 s. 37 Act No. PART 7--MENTAL HEALTH ACT 1986 37. Amendment of definition No. 59/1986. In section 3 of the Mental Health Act 1986, in Reprinted to the definition of "private hospital", for "section No. 19/1996. 5 178(1) of the Health Act 1958" substitute "the Health Services Act 1988". 37 531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96

 


 

Health Acts (Further Amendment) Act 1996 Notes Act No. NOTES By Authority. Government Printer for the State of Victoria. 38 531052B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96

 


 

 


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