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Health Services Amendment Bill 2014
Introduction Print
EXPLANATORY MEMORANDUM
General
The first objective of the Bill is to expand the range of health or related
services in relation to which Health Purchasing Victoria (HPV) performs
functions and exercises powers to include entities that deliver ambulance
services, health services in association with correctional services, services
provided by the Victorian Institute of Forensic Mental Health and residential
care services. This amendment will allow those entities to procure from HPV
on an opt-in basis.
The second objective of the Bill is to give the Minister for Health the power
to approve leases and licences of Crown land in the health portfolio, granted
by trustees or Committees of Management, for longer periods than currently
permitted by the Crown Land (Reserves) Act 1978.
The third objective of the Bill is to limit the investment powers of certain
registered funded agencies by allowing the Standing Directions issued by the
Minister for Finance under the Financial Management Act 1994 to apply.
Clause Notes
Clause 1 sets out the purposes of the Bill. The purposes of the Bill are to:
broaden the functions of Health Purchasing Victoria; provide the
Minister for Health with the power to approve the entering into of
long term leases and licences with respect to hospital sites; and to
place certain restrictions on the investment powers of registered
funded agencies.
Clause 2 is the commencement provision. The Bill will come into
operation on a day or days to be proclaimed. If a provision does
not come into operation before 2 February 2015, it comes into
operation on that day.
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Clause 3 identifies the Health Services Act 1988 as the Principal Act.
Clause 4 amends the definition of health or related service in the Health
Services Act 1988. The amendments expand the definition of
health or related service to include persons, bodies or
organisations that provide health services in connection with
correctional services, residential care services, the Victorian
Institute of Forensic Mental Health and other prescribed entities.
The amendments also ensure that entities who provide aged care
services, pharmaceutical services and ambulance services fall
within the definition of health or related service.
Clause 5 amends section 29 of the Health Services Act 1988. The new
subsection (2) provides that any Ministerial directions issued by
the Minister for Finance under section 8 of the Financial
Management Act 1994 may apply to a registered funded agency
that is otherwise subject to the Financial Management Act
1994.
Clause 6 inserts a new Division 11 into Part 3 of the Health Services Act
1988. The new Division provides committees of management or
trustees of a hospital site with the power to grant, subject to the
approval of the Minister for Health, leases or licences up to
35 years.
New section 69AA provides a definition of hospital site for the
purposes of the new Division. Hospital site includes land
reserved for any of the purposes set out in section 4(1)(zc) of the
Crown Land (Reserves) Act 1978, being hospitals and
institutions or services for any other purpose administered by the
Minister administering the Health Services Act 1988 or
conducted by committees registered under the Hospitals and
Charities Act 1958. The definition of hospital site also includes
other land which is within the Ministerial responsibility of the
Minister for Health.
New section 69AAB(1) provides that the new Division has effect
despite anything to the contrary in the Land Act 1958 and the
Crown Land (Reserves) Act 1978.
New section 69AAB(2) provides that the extended powers
granted to committees of management and trustees are in addition
to those set out in the Crown Land (Reserves) Act 1978.
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New section 69AAC provides committees of management or
trustees of a hospital site the power to grant a lease, subject to the
approval of the Minister, for a period not exceeding 35 years.
Subsection (2) provides that the Minister must be satisfied of
certain things before giving approval.
New section 69AAD empowers committees of management or
trustees of a hospital site to grant a licence, subject to the
approval of the Minister, for a period not exceeding 35 years.
New section 69AAE requires the Minister to give notice of his
or her intention to approve a lease or licence by a determination
published in the Government Gazette.
New section 69AAF allows a determination under
section 69AAE to be disallowed by either House of Parliament.
Clause 7 substitutes section 134O of the Health Services Act 1988 to
specifically authorise conduct undertaken by HPV, public
hospitals and health or related services for the purposes of
section 51(1)(b) of the Competition and Consumer Act 2010 of
the Commonwealth.
Clause 8 provides for the automatic repeal of the amending Act on
2 February 2016. The repeal does not affect in any way the
continuing operation of the amendments made by the amending
Act.
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