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HEALTH SERVICES ACT 1988 - SECT 3

Definitions

    (1)     In this Act—

"accounting records" includes invoices, receipts, orders for the payment of money, bills of exchange, cheques, promissory notes, vouchers and other documents of prime entry and also includes such working papers and other documents as are necessary to explain the methods of calculations by which accounts are made up;

S. 3(1) def. of approved accreditation scheme inserted by No. 52/2017 s. 3(d).

"approved accreditation scheme" means an accreditation scheme approved under section 107;

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;

S. 3(1) def. of Board in Part 6A inserted by No. 52/2017 s. 3(d).

"Board" in Part 6A means the Better Care Victoria Board established under that Part;

"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"—

              (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 of Chief General Manager substituted by No. 46/1995 s. 4(a), repealed by No. 46/1998 s. 7(Sch. 1).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 clinical area inserted by No. 52/2017 s. 3(d).

"clinical area", in relation to premises registered as a health service establishment, means an area of the premises where health services are provided and includes an equipment sterilisation area;

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 of close associate inserted by No. 55/2006 s. 4(1), repealed by No. 49/2010 s. 219(a).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 of community health centre repealed by No. 79/2008 s. 6(1)(a).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 of Council inserted by No. 17/2011 s. 3, repealed by No. 52/2017 s. 3(a).

    *     *     *     *     *

S. 3(1) def. of day procedure centre amended by Nos 99/1995 s. 12, 52/2017 s. 3(b).

day procedure centre means premises where—

        (a)     an 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—

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 Department amended by Nos 42/1993 s. 19, 46/1998 s. 7(Sch. 1), 29/2010 s. 58(a), 8/2020 s. 3.

"Department" means the Department of Health and Human Services;

S. 3(1) def. of designated public hospital amended by No. 68/1996 s. 19(b).

"designated public hospital" means a public hospital or privately-operated hospital in respect of which a declaration under section 7 is in force;

S. 3(1) def. of domestic partner inserted by No. 18/2004 s. 4(b), substituted by No. 12/2008 s. 73(1)(Sch.  1 item 30.1).

"domestic partner" of a person means—

        (a)     a person who is in a registered relationship with the person; or

        (b)     an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person—

              (i)     for fee or reward; or

              (ii)     on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);

S. 3(1) def. of former agency inserted by No. 66/1998 s. 4, amended by Nos 39/2000 s. 4(2)(a)(b), 52/2004 s. 4(b).

"former agency" means—

        (a)     a body that was at any time—

              (i)     a registered funded agency; or

              (ii)     a multi purpose service; or

              (iii)     a body declared to be a multi purpose service under section 115A(1) or deemed by force of section 115V(2) to have been so declared; or

              (iv)     an incorporated institution or a separate institution within the meaning of the Hospitals and Charities Act 1958 or any corresponding previous enactment—

but the incorporation of which was cancelled or dissolved or which ceased to exist—

              (v)     by force of an Order made under section 115A of this Act; or

              (vi)     by force of section 115V(2) of this Act; or

              (vii)     on its amalgamation or aggregation with another body by force of a provision of this Act or of the Hospitals and Charities Act 1958 or any previous enactment corresponding to that Act; or

              (viii)     by force of section 195 of this Act; or

        (b)     the Cancer Institute or the Cancer Institute Board under Part II of the Cancer Act 1958 as in force immediately before 14 May 1989; or

        (ba)     a metropolitan health service; or

        (bb)     a public hospital that on or after 1 July 2004 becomes a public health service; or

        (bc)     a public hospital that on the effective date of an Order under section 239 becomes a public health service; or

        (bd)     a transferring agency by virtue of an Order under section 248; or

        (c)     a metropolitan hospital designated in an Order under section 215.

S. 3(1) def. of goods and services inserted by No. 18/2001 s. 4.

"goods and services" includes facilities, equipment and supplies;

S. 3(1) def. of health or related service inserted by No. 18/2001 s. 4, amended by Nos 8/2013 s. 3, 22/2014 s. 4.

"health or related service", in Part 6, means—

        (a)     a registered funded agency, multi purpose service or health service establishment; or

        (ab)     a registered community health centre; or

        (ac)     a women's health service listed in Schedule 6; or

        (b)     any other person, body or organisation that provides, delivers, funds, facilitates access or provides insurance in relation to health services, being services that include, but are not limited to—

              (i)     aged care services; or

              (ii)     palliative care services; or

              (iii)     disability services; or

              (iv)     pharmaceutical services; or

              (v)     ambulance services; or

              (vi)     health services in association with correctional services; or

              (vii)     residential care services; or

        (c)     the Victorian Institute of Forensic Mental Health; or

        (d)     any other prescribed health or related service;

"health service agreement" means an agreement entered into under section 26;

S. 3(1) def. of health service establishment amended by Nos 88/1994 s. 5(a), 49/2010 s. 219(b), 52/2017 s. 3(c).

"health service establishment" means—

        (a)     a day procedure centre; or

        (b)     a premises at which, or from which, a prescribed health service is provided; or;

    *     *     *     *     *

        (d)     a private hospital;

    *     *     *     *     *

S. 3(1) def. of health service establishment premises guidelines inserted by No. 52/2017 s. 3(d).

"health service establishment premises guidelines" means guidelines approved under  section 106;

S. 3(1) def. of hostel substituted by No. 88/1994 s. 5(b), repealed by No. 73/1997 s. 4(a).

    *     *     *     *     *

S. 3(1) def. of HPV inserted by No. 18/2001 s. 4.

"HPV" means Health Purchasing Victoria established by section 129 ;

S. 3(1) def. of HPV direction inserted by No. 18/2001 s. 4.

"HPV direction" means a direction given by HPV under section 132(2)(c) ;

"interim funding statement" means a statement issued under section 27;

S. 3(1) def. of medical practitioner repealed by No. 23/1994 s. 118(Sch. 1 item 25.1(a)).

    *     *     *     *     *

S. 3(1) def. of metropolitan health service inserted by No. 39/2000 s. 4(1), repealed by No. 52/2004 s. 4(a).

    *     *     *     *     *

S. 3(1) def. of metropolitan hospital inserted by No. 46/1995 s. 4(b).

"metropolitan hospital" means—

        (a)     a hospital listed in Schedule 3; or

        (b)     premises occupied by such a hospital—

as the case requires;

S. 3(1) def. of multi purpose service inserted by No. 99/1995 s. 5(b), amended by No. 34/2019 s. 55.

"multi purpose service" means—

        (a)     a body referred to in section 115V(2); or

        (b)     a body declared under Part 4A to be a multi purpose service; or

        (c)     a body listed in Schedule 1A;

S. 3(1) def. of next of kin inserted by No. 55/2006 s. 4(1).

"next of kin" includes a domestic partner;

S. 3(1) def. of nursing home amended by No. 88/1994 s. 5(c), repealed by No. 73/1997 s. 4(a).

    *     *     *     *     *

S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 78.1).

police officer has the same meaning as in the Victoria Police Act 2013 ;

S. 3(1) def. of private hospital amended by Nos 68/1996 s. 19(c), 73/1997 s. 4(b).

"private hospital" means premises where persons are provided with health services of a prescribed kind or kinds and for which a charge is made and includes a privately-operated hospital but does not include—

        (a)     a public hospital or denominational hospital; or

        (b)     a day procedure centre; or

        (c)     a residential care service;

S. 3(1) def. of privately-operated hospital inserted by No. 68/1996 s. 19(d).

"privately-operated hospital" means—

        (a)     a hospital within the meaning of Part 3A listed in Schedule 4; or

        (b)     premises occupied by such a hospital listed in Schedule 4—

as the case requires;

"proprietor" in relation to a health service establishment means—

        (a)     in the case of a not-for-profit establishment, the authority or body of persons conducting the establishment; and

        (b)     in any other case, the owner (whether a natural person or a corporation) of the business or undertaking carried on at the establishment;

S. 3(1) def. of Public Advocate amended by Nos 1/1989 s. 4(b), 52/1998 s. 311(Sch. 1 item 36.1), substituted by No. 13/2019 s. 221(Sch.  1 item 20.1(a)).

"Public Advocate" has the same meaning as in the Guardianship and Administration Act 2019 ;

S. 3(1) def. of public health service inserted by No. 52/2004 s. 4(c).

"public health service" means—

        (a)     a public health service listed in Schedule 5; or

        (b)     premises occupied by a public health service listed in Schedule 5—

as the case requires;

S. 3(1) def. of public hospital substituted by No. 46/1995 s. 4(c), amended by No. 39/2000 s. 4(3)(a)(b), substituted by No. 52/2004 s. 4(d).

"public hospital" means—

        (a)     a hospital listed in Schedule 1; or

        (b)     except in Division 4 of Part 3 and Parts 12 and 13, a public health service; or

        (c)     premises occupied by a hospital listed in Schedule 1 or, except in Division 4 of Part 3 and Parts 12 and 13, by a public health service

as the case requires;

S. 3(1) def. of purchasing policy inserted by No. 18/2001 s. 4.

"purchasing policy" means a purchasing policy made by HPV under section 134;

S. 3(1) def. of region repealed by No. 26/2014 s. 455
(Sch. item 36).

    *     *     *     *     *

S. 3(1) def. of registered community health centre inserted by No. 79/2008 s. 6(1)(b).

"registered community health centre" means a community health centre registered under Division 6 of Part 3;

S. 3(1) def. of registered funded agency amended by Nos 88/1994 s. 5(d), 73/1997 s. 4(c), 52/2004 s. 4(e), 79/2008 s. 6(1)(c).

"registered funded agency" means—

        (a)     a public hospital; or

        (b)     a denominational hospital; or

    *     *     *     *     *

        (ca)     a public health service; or

        (d)     any other agency registered or deemed to be registered under Division 2 of Part 3; or

        (e)     a State funded residential care service;

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(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(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. 3(1) def. of resident's guardian inserted by No. 18/2004 s. 4(b), substituted by No. 13/2019 s. 221(Sch.  1 item 20.1(b)).

"resident's guardian" means the resident's guardian appointed under the Guardianship and Administration Act 2019 or appointed by a court;

S. 3(1) def. of Secretary inserted by No. 46/1998 s. 7(Sch. 1), substituted by No. 29/2010 s. 58(b).

"Secretary" means the Department Head (within the meaning of the Public Administration Act 2004 ) of the Department;

"senior available next of kin" has the same meaning as in the Human Tissue Act 1982 ;

S. 3(1) def. of serious risk to patient health or safety inserted by No. 52/2017 s. 3(d).

"serious risk to patient health" or safety means there is a high probability of a substantial adverse impact on the health or safety of a patient;

S. 3(1) def. of special or personal care amended by No. 18/2004 s. 4(a)(i)(ii), repealed by No. 49/2010 s. 219(c).

    *     *     *     *     *

S. 3(1) def. of spouse inserted by No. 55/2006 s. 4(1), repealed by No. 49/2010 s. 219(c).

    *     *     *     *     *

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—

        (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. 3(1) def. of supported residential service amended by Nos 53/1990 s. 4(b), 73/1997 s. 4(f), 55/2006 s. 4(2), substituted by No. 49/2010 s. 219(d).

supported residential service has the same meaning as it has in the Supported Residential Services (Private Proprietors) Act 2010 ;

S. 3(1) def. of trust inserted by No. 66/1998 s. 4, amended by Nos 39/2000 s. 4(5)(a)–(c), 52/2004 s. 4(f).

"trust", in relation to a body that is—

        (a)     aggregated or amalgamated at any time with another body by force of a provision of this Act or of the Hospitals and Charities Act 1958 or any previous enactment corresponding to that Act;

        (aa)     a transferring agency by virtue of an Order under section 248 or a former agency of such a body; or

        (ab)     a metropolitan health service or a former agency of such a body; or

        (ac)     a public hospital or a former agency of such a body; or

        (b)     declared to be a multi purpose service under section 115A(1) or deemed by force of section 115V(2) to have been so declared; or

        (ba)     a body the incorporation of which is cancelled by force of section 195 ; or

        (c)     a former agency of such a body; or

        (ca)     a metropolitan hospital designated in an Order under section 215

means—

        (d)     a gift, disposition or trust of property made or declared, or deemed to have been made or declared; or

        (e)     a trust fund created—

whether by deed, will or otherwise to, or in favour of, for the use of, or for the purposes of, the body or under its terms capable of being given to, or applied in favour of, for the use of, or for the purposes of, the body;

S. 3(1) def. of Victorian Electoral Commission inserted by No. 23/2002 s. 194(1).

"Victorian Electoral Commission" means the Victorian Electoral Commission established under section 6 of the Electoral Act 2002 ;

"visitor" means a community (residential services) visitor appointed under Part 5.

S. 3(2) inserted by No. 46/1998 s. 7(Sch. 1), amended by No. 108/2004 s. 117(1) (Sch.  3 item 96.1).

    (2)     If under the Public Administration Act 2004 the name of the Department of Human Services is changed, a reference in the definitions of Department and Secretary in subsection (1) to that Department must, from the date when the name is changed, be treated as a reference to the Department by its new name.

S. 3(3) inserted by No. 55/2006 s. 4(3), substituted by No. 12/2008 s. 73(1)(Sch.  1 item 30.2).

    (3)     For the purposes of the definition of domestic partner in subsection (1)—

        (a)     "registered relationship" has the same meaning as in the Relationships Act 2008 ; and

        (b)     in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case; and

        (c)     a person is not a domestic partner of another person only because they are co-tenants.

S. 4 amended by No. 52/2017 s. 4.



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