HEALTH SERVICES ACT 1988

Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]

HEALTH SERVICES ACT 1988

TABLE OF PROVISIONS

PART 1--PRELIMINARY

1. Purpose
2. Commencement
3. Definitions
4. Interpretation: health service establishment
5A. Interpretation: trust instruments
6. State funded residential care service
7. Designated public hospital
8. Amendment of Schedules
9. Objectives
11. Exemptions
11A. Principal function of the Secretary

PART 1A--STATEMENT OF RECOGNITION AND STATEMENT OF RECOGNITION PRINCIPLES

11B. Statement of Recognition
11D. Statement of Recognition principles
11E. Effect of this Part
11F. References to Aboriginal people include Torres Strait Islanders

PART 2--HEALTH SERVICES DEVELOPMENT GUIDELINES

12. Preparation of draft guidelines
13. Notice of draft guidelines
14. Approval of guidelines
15. Publication of approved guidelines
16. Operation of guideline
17. Revocation of guideline

PART 2A--PUBLIC HOSPITAL SERVICES PRINCIPLES

17AA. Public hospital services principles

PART 3--AGENCIES

Division 1--Public funding

17AB. Definition
17A. Power to fund agencies
18. Criteria for public funding of agencies

Division 1A--Case mix funding

18A. Definition
18B. Case mix auditors
18C. Functions of case mix auditors
18D. Powers of case mix auditors
18E. Confidentiality requirements

Division 2--Registration of certain agencies

19. Definition
20. Registration as condition of funding
21. Conditions of registration
22. Registration

Division 3--Registered funded agencies

24. Rules of registered funded agency
25. Chief executive officer
26. Health service agreements
27. Interim funding statements
28. Limits or controls on expenditure or entering into of contracts etc.
29. Power to invest
30. Approved borrowers and guarantees

Division 4--Public hospitals

31. Incorporation
31A. Public hospitals do not represent Crown
32. Objects and functions of public hospitals
33. Board of directors
34. Terms and conditions of appointment
34A. Eligibility for re-appointment
35. Removal and resignation
35A. Chairperson of board
36. Annual meetings
37. Procedure of board
38. Directorship of the board not office of profit
38A. Immunity
39. Guidelines of Minister
40. Validity of acts or decisions
40A. Notice of proposed direction
40B. Minister may issue directions
40C. Appointment of delegate to board
40D. Functions of delegate
40E. Obligations of board to delegate
40F. Strategic plans
40G. When statement of priorities to be prepared
40H. Content of statement of priorities
40I. Functions of the chief executive officer of public hospital

Division 5--Public hospitals and denominational hospitals

41. Powers and duties
42. Hospital must comply with directions of Secretary
43. Public hospitals and denominational hospitals excluded from Corporations legislation
44. Trustees' power to transfer certain property
44A. Statement of priorities for denominational hospitals

Division 6--Registered community health centres

45. Application for registration
46. Further information
47. Registration criteria
48. Registration
49. Conditions on registration
50. Refusal of registration
51. Minister may determine performance standards
52. Subject matter of performance standards
53. Community health centre to comply with performance standards
54. Secretary may give directions
55. What happens if a registered community health centre fails to comply with the Secretary's direction?
56. Secretary may revoke registration
57. Displacement of other laws—appointment of administrator
57A. Appointment of administrator
57B. Cancellation of registration of community health centre
57C. Application for review by VCAT
57D. Register of registered community health centres

Division 8--Censure etc.

58. Powers of Minister
59. Censure
60. Suspension of admissions
61. Appointment of administrator
62. Closure

Division 8A--Audits of public hospitals, public health services, multi purpose services and denominational hospitals

63. Definition
63A. Secretary may commission audits
63B. Appointment or engagement of auditors
63C. Powers of auditors
63D. Confidentiality requirements

Division 9--Amalgamation of registered funded agencies

64. Proposal for amalgamation
64A. Voluntary amalgamations
65. Governor in Council may order amalgamation

Division 9A--Aggregation of metropolitan hospitals

65A. Definitions
65B. Extra-territorial operation
65C. Aggregation
65D. New metropolitan hospital to be successor in law
65E. Substitution of party to agreement
65F. Old instruments
65FA. Trusts in relation to aggregated hospitals
65G. Proceedings
65H. Interests in land
65I. Amendment of Register
65J. Taxes
65K. Evidence
65L. Transfer of aggregated hospital staff to new hospital
65M. Future terms and conditions of transferred employees
65N. Validity of things done under this Division
65O. Operation of Division not subject to review

Division 9B--Public health services

65P. Incorporation
65Q. Public health services do not represent the Crown
65R. Objects of public health services
65S. Board of directors
65T. Directors
65U. Terms and conditions
65V. Removal and resignation
65W. Disclosure of interest
65X. Procedure of board
65XA. Chief executive officer
65XAB. Guidelines of Minister
65XB. Functions of the chief executive officer
65Y. Immunity
65Z. Validity of acts or decisions
65ZAA. Appointment of delegate to board
65ZAB. Functions of delegate
65ZAC. Obligations of board to delegate
65ZA. Advisory committees
65ZB. Community advisory committee
65ZC. Primary care and population health advisory committee
65ZD. Guidelines of Secretary
65ZE. Procedure of advisory committees
65ZF. Strategic plans
65ZFA. When statement of priorities to be prepared
65ZFB. Content of statement of priorities
65ZG. Annual meetings
66. Notice of proposed direction
66A. Minister may issue directions

Division 10--Compulsory acquisition of land

67. Acquisition
68. Acquired land to vest in the Crown
69. Power to reserve and grant land to agency

Division 11--Leasing and licensing powers

69AA. Meaning of hospital site
69AAB. Application of Division
69AAC. Power to grant leases for up to 35 years
69AAD. Power to grant licences over land
69AAE. Determination to grant lease or licence under this Division to be published and tabled
69AAF. Parliamentary scrutiny of the leasing and licensing of certain land

PART 3A--PUBLIC HOSPITAL PATIENT SERVICES AGREEMENTS

Division 1--Definitions

69A. Definitions

Division 2--Agreements

69B. Minister may enter into public hospital patient services agreements
69C. Matters that may be included in agreement
69D. Agreement to run with land
69E. Rights of access
69F. Right of intervention in management
69G. Application of FOI Act
69I. Application of Land Act

PART 4--HEALTH SERVICE ESTABLISHMENTS

Division 1--Approval in principle

70. Application
71. Criteria for grant of approval in principle
72. Decision on application
73. Certificate of approval in principle
74. Transfer or variation of certificate
75. Revocation of certificate
76. Voluntary revocation of certificate

Division 3--Registration

82. Application
83. Criteria for registration
84. Decision on application
85. Certificate of registration
86. Change of directors etc.
87. Annual fees
88. Renewal of registration
89. Criteria for renewal of registration
90. Decision on application
91. Certificate of renewal
92. Variation of registration
93. Criteria for variation of registration
94. Decision on application
95. Variation of registration without application
95A. Cancellation of registration
96. Endorsement of certificate of registration
97. Legal personal representatives

Division 4--Censure etc.

100. Suspension of registration of health service establishment in relation to provision of specified prescribed health service
101. Suspension of registration of health service establishment
102. Revocation of registration of health service establishment

Division 5--General

104. Notification of decisions by Chief General Manager
104A. Application deemed withdrawn
105. Directions of Secretary
105A. Directions of Secretary regarding vaccinations or immunity
106. Health service establishment premises guidelines
107. Approval of accreditation scheme
107A. Proprietor to comply with approved accreditation scheme
107B. Proprietor to notify Secretary of failure to obtain accreditation or of revocation of accreditation
108. Application for approval of alterations to clinical area
108A. Decision on application for approval of alterations to clinical area
108B. Offence to use altered, renovated or extended clinical area without approval
109. Records
110. Reviews
110A. Minister may grant exemption from requirements of Act
110B. Provision of safe health services
110C. Provision of prescribed information to the Secretary
110D. Proprietor to inform Secretary of serious risk to patient health or safety
111. Offences relating to carrying on a health service establishment
112. Offence to provide excess beds or accommodation
113. Offences relating to day procedure centres and private hospitals
114. Offence to contravene condition of registration
115. Offence to build etc. without approval in principle

PART 4A--MULTI PURPOSE SERVICES

115A. Declaration and incorporation
115B. Multi purpose services do not represent Crown
115C. Objects and functions of multi purpose services
115D. Powers
115E. Board of directors
115F. Terms and conditions of appointment
115FA. Eligibility for re-appointment
115G. Removal and resignation
115GA. Chairperson of board
115H. Annual meetings
115I. Procedure of board
115J. Directorship of board not office of profit
115JA. Immunity
115JB. Chief executive officer
115JC. Functions of the chief executive officer
115L. Validity of acts or decisions
115M. Multi purpose service must comply with directions of Secretary
115MA. Guidelines of Minister
115MB. Appointment of delegate to board
115MC. Functions of delegate
115MD. Obligations of board to delegate
115N. Rules of multi purpose service
115NA. Strategic plans
115O. Service agreements
115P. Health service agreements
115Q. Powers of Minister
115R. Appointment of administrator
115S. Closure
115SA. Proposal for amalgamation
115T. Voluntary amalgamations
115U. Governor in Council may order amalgamation
115V. Transitional

PART 5A--QUALITY AND SAFETY

Division 1--Chief Quality and Safety Officer

116. Chief Quality and Safety Officer
117. Functions of the Chief Quality and Safety Officer
118. Powers of the Chief Quality and Safety Officer
119. Contractors
120. Power of Chief Quality and Safety Officer to delegate

Division 2--Authorised quality and safety officers

121. Authorised quality and safety officers
122. Identity cards
123. Production of identity card

Division 3--Quality and safety reviews and protected quality and safety reviews

124. Quality and safety review
125. Principles that apply to quality and safety reviews
126. Scope of quality and safety review
127. Notice requirements for quality and safety review
128. Powers of entry
128A. Power to give written direction to persons to produce documents or answer questions
128B. Health service entity staff and representatives to give any reasonable assistance
128C. Protection against self-incrimination
128D. Quality and safety review reports and recommendations
128E. Report and response to be given to the Secretary
128F. Publication and response
128G. Summary of protected quality and safety review

Division 4--Guidelines

128H. Chief Quality and Safety Officer may make guidelines

Division 5--Confidentiality

128I. Confidentiality obligations applying in respect of information from protected quality and safety review
128J. Confidentiality of documents
128K. Patient's access to medical file preserved

Division 6--Referral of matters

128L. Notice to chief psychiatrist or Chief Health Officer

Division 7--Liability

128M. Protection from liability for persons involved in quality and safety review

Division 8--SAPSE reviews

128N. SAPSE reviews
128O. Scope of SAPSE review
128P. Appointment of SAPSE review panel
128Q. Membership of SAPSE review panel
128R. Protection from liability for SAPSE review panel members
128S. Protection from liability for participants in SAPSE review
128T. Serious adverse patient safety event review report
128U. Confidentiality of SAPSE review documents and report
128V. Disclosure of report
128W. Person cannot be compelled to give particular information in evidence
128X. Confidentiality obligations applying to member of SAPSE review panel
128Y. Identity of SAPSE review panel members not to be disclosed
128Z. Restrictions on SAPSE reviews
128ZA. Section 139 does not apply

Division 9--Duty of candour

128ZB. Definitions
128ZC. Duty of candour
128ZD. Apology not admission of liability
128ZE. Non-compliance with duty of candour
128ZF. Victorian Duty of Candour Guidelines

Division 10--Statements

128ZG. Meaning of relevant health service entity
128ZH. Statement about failure to comply with duty of candour
128ZI. Submissions on publication of statement

PART 6--HEALTH PURCHASING VICTORIA

Division 1--Establishment

129. Establishment of Health Purchasing Victoria
130. HPV represents the Crown

Division 2--General functions and powers

131. Functions of HPV
132. Powers of HPV
133. Factors to which HPV must have regard in performing functions and exercising powers

Division 3--Purchasing policies

134. Purchasing policies
134A. HPV may exempt public hospitals from policies
134B. Procedure for making and notification of purchasing policies
134C. Disallowance of purchasing policies

Division 4--Membership and procedure

134D. Members of HPV
134E. Terms and conditions
134F. Removal and resignation
134G. Procedure of HPV
134H. Validity of HPV decisions
134I. Members' pecuniary interests
134J. Improper use of information
134K. Delegation

Division 5--General

134L. Directions of the Minister or Secretary
134M. Strategic plans
134N. Existing supply contracts
134O. HPV—trade practices

PART 6B--INFORMATION SHARING FOR QUALITY AND SAFETY PURPOSES

134V. Definitions
134W. Meaning of quality and safety purpose
134X. Disclosure of confidential information to Secretary or quality and safety body for a quality and safety purpose
134Y. Secretary or quality and safety body may collect and use confidential information for a quality and safety purpose
134Z. Secretary or quality and safety body may appoint entity as special adviser for quality and safety purposes
134ZA. Collection, use and disclosure of confidential information if special adviser appointed
134ZB. Minister may authorise collection, use and disclosure of confidential information between health service entities
134ZC. Collection, use or disclosure authorised to extent necessary for purpose
134ZD. Collection, use or disclosure in good faith protected

PART 6C--ELECTRONIC PATIENT HEALTH INFORMATION SHARING SYSTEM

Division 1--Definitions

134ZE. Definitions

Division 2--Electronic Patient Health Information Sharing System

134ZF. Electronic Patient Health Information Sharing System
134ZG. Content of Electronic Patient Health Information Sharing System
134ZH. Notice of health information required to be given to the Secretary
134ZI. Health information collected after publication of notice
134ZJ. Direction to comply with notice
134ZK. Extension of time to comply with notice
134ZL. No consent required

Division 3--Access to the Electronic Patient Health Information Sharing System

134ZM. Access to, use and disclosure of information held in Electronic Patient Health Information Sharing System for provision of medical treatment
134ZN. Access to and use of information for purposes of establishing and maintaining Electronic Patient Health Information Sharing System
134ZO. Secretary authorised to access Electronic Patient Health Information Sharing System and use and disclose specified patient health information

Division 4--Offences

134ZP. Offence of unauthorised access to Electronic Patient Health Information Sharing System
134ZQ. Offence of access to Electronic Patient Health Information Sharing System for unauthorised purpose
134ZR. Offence of unauthorised use or disclosure of specified patient health information

Division 5--Disapplication of the Freedom of Information Act 1982

134ZS. Freedom of Information Act 1982 does not apply

Division 6--Privacy Management Framework

134ZT. Minister must establish Privacy Management Framework
134ZU. Compliance with Privacy Management Framework

Division 7--Independent review of this Part

134ZV. Independent review by expert panel
134ZW. Appointment of expert panel

PART 7--MISCELLANEOUS PROVISIONS

Division 1--Hospitals and charities fund

135. Definition
136. Hospitals and Charities Fund
137. Payments out of Fund to agencies

Division 2--Payment of fees to certain agencies

138. Payment of fees

Division 2A--Conditions ofcertain public service staff

138A. Definition
138B. Remuneration and allowances
138C. No compensation payable

Division 3--General

139. Quality assurance
140. Proclaimed services
141. Confidentiality
142. Agencies etc. incorporated under other Acts
143. Delegation by Minister
144. Inquiry by Secretary
145. Authorised officers
146. Identity cards
147. Powers of authorised officers
147A. Entry to unregistered premises—search warrant
148. Immunity
149. Offence to obstruct or hinder
150. Impersonating etc. an authorised officer
151. False and misleading statements
152. Defacing documents etc.
152A. Offences by bodies corporate etc.
153. Police assistance
154. Service of documents
155. Infringement notice
156. Power to bring proceedings
156A. Extension of time limit for proceedings for certain offences
157. Evidentiary
157AA. Supreme Court—limitation of jurisdiction—section 138C
157A. Supreme Court—limitation of jurisdiction—section 126A
157B. Supreme Court—limitation of jurisdiction—section 18F
157C. Supreme Court—limitation of jurisdiction—sections 17AA, 40J or 65O
157D. Supreme Court—limitation of jurisdiction—section 115K
157E. Supreme Court—limitation of jurisdiction
157F. Supreme Court—limitation of jurisdiction
157G. Supreme Court—limitation of jurisdiction
157H. Supreme Court—limitation of jurisdiction
158. Regulations

PART 8--TRANSITIONAL PROVISIONS

159. Saving of Hospitals and Charities (Fees) Regulations 1986
159A. Saving of hospital by-laws
160. Private hospitals etc. registered under Health Act 1958
161. Existing nursing homes and hostels not registered under the Health Act 1958
162. Applications under Health Act 1958
163. Building approval in force under Health Act 1958
164. Transitional provision for Commonwealth building approval
165. Residential statements
166. Transitional provision for public hospitals
166A. Peter MacCallum Cancer Institute
166B. Fairfield Hospital
167. Tweddle Baby Hospital
168. Transitional provision for community health centres
169. Transitional provision for boards of public hospitals
170. New boards of certain public hospitals
171. Transitional provisions for boards of community health centres
172. Transitional provision for chief executive officers
173. Bodies incorporated under Hospitals and Charities Act 1958
174. Administrators
175. Guarantees
176. St Andrew's Hospital
177. Transitional provisions (1998 amendments)
178. Saving provision: validity of things done by trustees
178A. Transitional provisions—Health Records Act 2001
178B. Transitional provisions—registered community health centres
178C. Transitional provisions—Health Legislation Amendment (Quality and Safety) Act 2017

PART 9--TRANSITIONAL PROVISIONS RELATING TO METROPOLITAN HEALTH SERVICES

Division 1--Preliminary

179. Definitions
180. Extra-territorial operation

Division 2--Establishment of metropolitan health services

181. Order establishing a metropolitan health service
182. Establishment of first board
183. Appointment of first chief executive officer
184. First by-laws of metropolitan health service
185. Limited period to make Orders

Division 5--Transfer of property, rights and liabilities of metropolitan hospitalson cancellation of incorporation

193. Definitions
194. Cancellation of incorporation of metropolitan hospital
195. Transfer from metropolitan hospital to metropolitan health service
196. New metropolitan health service to be successor in law
197. Substitution of party to agreement
198. Old instruments
199. Proceedings
200. Interests in land
201. Amendment of Register
202. Taxes
203. Evidence
204. Transfer of hospital employees to new health service
205. Future terms and conditions of transferred employees

Division 6--Transfer of property, rights and liabilities before cancellation of incorporation of metropolitan hospital

206. Definitions
207. Division to prevail
208. Transfer Order
209. Property rights and liabilities transferred to metropolitan health service or community health centre
210. Substitution of party to agreement
211. Proceedings
212. Interests in land
213. Old instruments
214. Trusts in respect of metropolitan hospitals existing on 31 July 1995
215. Trusts in respect of metropolitan hospitals created on or after 1 August 1995
216. Amendment of the Register
217. Taxes
218. Evidence
219. Staff transfer date
220. List of staff
221. Transfer of staff
222. Future terms and conditions of transferred employees
223. Abolition of metropolitan hospital
224. Effect of Order

Division 7--General

225. Validity of things done under this Part
226. Operation of provisions not subject to review
227. Application of property cy-pres not affected
228. Application to trusts whenever created
229. Saving of quality assurance bodies

PART 10--FURTHER TRANSITIONALS

230. Transitional provision for boards of community health centres

PART 11--DEEMED PUBLICATION

231. Deemed publication of Order in Council

PART 12--TRANSITIONAL PROVISIONS RELATING TO PUBLIC HEALTH SERVICES

232. Definitions
233. Extra-territorial operation
234. Public health service same body as former metropolitan health service
235. Certain public health services same body as certain former public hospitals
236. First directors of boards of certain public health service
237. Old instruments referring to metropolitan health service
238. Old instruments referring to public hospitals
239. Order establishing a public health service
240. Establishment of first board of certain public health services
241. First by-laws
242. Registrar of Titles
243. Operation of provisions not subject to review

PART 13--RE-ORGANISATION OF PUBLIC HOSPITALS AND PUBLIC HEALTH SERVICES

244. Definitions
245. Extra-territorial operation
246. Part to prevail
247. Minister to consider report
248. Order in Council
249. Amendment of Schedules if new agency established
250. Establishment of first board
251. First by-laws of agency
252. Appointment of first chief executive officer
253. Cancellation of agency's incorporation
254. Vesting of property, rights and liabilities
255. Substitution of party to agreement
256. Proceedings
257. Interests in land
258. Old instruments
259. Taxes
260. Evidence
261. Saving of quality assurance bodies
262. Staff transfer date
263. List of staff
264. Transfer of staff
265. Future terms and conditions of transferred employees
266. Trusts in respect of transferring agencies
267. Application of property cy-pres not affected
268. Application to trusts whenever created
269. Validity of things done under this Part
270. Operation of provisions not subject to review
271. Appointment of administrator
272. Functions of administrator
273. Direction of Secretary
SCHEDULE 1
SCHEDULE 1A
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
SCHEDULE 6

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback