Victorian Current Acts

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HEALTH SERVICES ACT 1988 - SECT 100

Suspension of registration of health service establishment in relation to provision of specified prescribed health service

    (1)     The Secretary may suspend the registration of a health service establishment in relation to the provision of a specified prescribed health service if the Secretary is satisfied that—

        (a)     the proprietor of the health service establishment is providing the specified prescribed health service in a manner that poses serious risk to patient health or safety; or

        (b)     the proprietor of the health service establishment has failed to provide the specified prescribed health service in accordance with this Act, the regulations or any conditions of registration; or

        (c)     the proprietor of the health service establishment is not likely to continue to provide the specified prescribed health service in accordance with this Act, the regulations or any conditions of registration; or

        (d)     the proprietor of the health service establishment has been convicted of an offence against this Act or the regulations; or

S. 100(1)(da) inserted by No. 8/2020 s. 5.

        (da)     the proprietor of the health service establishment has failed to comply with a direction of the Secretary under section 105A; or

        (e)     in the case of a proprietor who is a natural person, the proprietor of the health service establishment has ceased to be a fit and proper person to carry on the health service establishment; or

        (f)     in the case of a proprietor that is a body corporate, a director or other officer of the body corporate who exercises or may exercise control over the health service establishment has ceased to be, or is not, a fit and proper person.

    (2)     If under this section the Secretary determines to suspend the registration of a health service establishment in relation to the provision of a specified prescribed health service, the Secretary must give the proprietor of the health service establishment a written notice that states—

        (a)     the reason for the suspension; and

        (b)     the date on which the suspension takes effect; and

        (c)     that the Secretary will lift the suspension if the Secretary is satisfied that the reason for the suspension no longer exists.

    (3)     A suspension of registration under this section only prevents the health service establishment from providing the specified prescribed health service.

S. 101 amended by Nos 88/1994 s. 14, 52/1998 s. 311(Sch. 1 item 36.3), repealed by No. 49/2010 s. 226(1),
new s. 101 inserted by No. 52/2017 s. 39.



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