Victorian Repealed Acts

This legislation has been repealed.

Intellectually Disabled Persons' Services Act 1986 - SECT 25

Appointment of administrator

25. Appointment of administrator



(1) Where in the opinion of the Minister a contracted service provider or a
registered service-

   (a)  is inefficiently or incompetently managed; or

   (b)  has failed to provide an effective service in accordance with the
        principles specified in section 23(3); or

   (c)  has breached or failed to comply with any provision in a contract
        under section 22A or a funding and services agreement (as the case
        requires)-

the Governor in Council may on the recommendation of the Minister made after
complying with sub-section (3), by Order in Council published in the
Government Gazette appoint a fit and proper person as administrator to take
over the functions under this Act or under a contract or agreement under this
Act of the contracted service provider or registered service.

(1A) A contracted service provider or a registered service may request the
Minister to have a fit and proper person appointed as administrator to take
over its functions under this Act or under a contract or agreement under this
Act and, in that event, the Governor in Council may, on the recommendation of
the Minister made after complying with sub-section (3), by Order published in
the Government Gazette appoint such a person as administrator to take over
those functions.

(2) An administrator appointed under this section-

   (a)  is deemed to be the committee of management or other governing body of
        the contracted service provider or registered service which has no
        functions other than functions under this Act or under a contract or
        agreement under this Act; and

   (b)  for the purposes of those functions has all the powers and may
        exercise any of the duties of the committee of management or other
        governing body or its members; and

   (c)  is subject to all the duties of the committee of management or other
        governing body or its members.

(3) The Minister cannot make a recommendation under sub-section (1) unless the
Minister-

   (a)  has given notice in writing to the contracted service provider or
        registered service specifying-

   (i)  the ground on which it is intended to make a recommendation to appoint
        an administrator; and

   (ii) that the contracted service provider or registered service may object
        in writing within 14 days of service of the notice and may request to
        be represented at a hearing into the objection; and

   (b)  has considered any objection made under paragraph (a).

(4) On the day on which an administrator is appointed under this section in
respect of a contracted service provider or registered service for the
purposes of its functions under this Act or under a contract or agreement
under this Act, the members of the committee of management or other governing
body cease to hold office.

(5) Where an administrator has been appointed under this section the Governor
in Council may at any time if the Governor in Council thinks fit by Order in
Council published in the Government Gazette declare that on the day specified
in the Order in Council-

   (a)  the committee of management or other governing body (if its members
        ceased to hold office) is to be re-established by appointment or
        election as the case may be; and

   (b)  the administrator ceases to be the administrator of the
        contracted service provider or registered service.

(6) Where an administrator appointed under this section recommends that a
registered service should be de-registered the Secretary may after complying
with sub-section (7) cancel the registration of that service and any funding
and services agreement with that service is terminated on the day on which the
cancellation takes effect.

(7) The Secretary must not cancel the registration of a registered service
unless the Secretary-





   (a)  has given notice in writing to the registered service specifying-

   (i)  the ground on which it is intended to cancel the registration; and

   (ii) that the registered service may object in writing to the Secretary
        within 14 days of service of the notice and may request to be
        represented at a hearing into the objection; and

   (b)  has considered any objection made under paragraph (a).

(7A) If an administrator appointed under this section recommends that a
contract under section 22A with a contracted service provider should be
terminated, the Secretary may, after complying with sub-section (7B),
terminate that contract with immediate effect.

(7B) The Secretary must not terminate a contract under section 22A on the
recommendation of the administrator unless the Secretary-

   (a)  has given notice in writing to the contracted service provider
        specifying-

   (i)  the ground on which it is intended to terminate the contract; and

   (ii) that the contracted service provider may object in writing to the
        Secretary within 14 days after service of the notice and may request
        to be represented at a hearing into the objection; and

   (b)  has considered any objection made under paragraph (a).

(8) Where an administrator is appointed under this section the salary of the
administrator and any expenses of the administrator necessarily incurred in
the administration are to be paid by the Department.