Health Services Act 1988 (Vic)

Version No. 186

Health Services Act 1988

No. 49 of 1988

Version incorporating amendments as at

1 July 2025

TABLE OF PROVISIONS

Section Page

Part 1—Preliminary

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

Part 1A—Statement of Recognition and Statement of Recognition principles

11BStatement of Recognition
11CAcknowledgement of treaty process
11DStatement of Recognition principles
11EEffect of this Part
11FReferences to Aboriginal people include Torres Strait Islanders

Part 2—Health services development guidelines

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

Part 2A—Public hospital services principles

17AAPublic hospital services principles

Part 3—Agencies

Division 1—Public funding

17ABDefinition
17APower to fund agencies
18Criteria for public funding of agencies

Division 1A—Case mix funding

18ADefinition
18BCase mix auditors
18CFunctions of case mix auditors
18DPowers of case mix auditors
18EConfidentiality requirements

Division 2—Registration of certain agencies

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

Division 3—Registered funded agencies

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

Division 4—Public hospitals

31Incorporation
31APublic hospitals do not represent Crown
32Objects and functions of public hospitals
33Board of directors
34Terms and conditions of appointment
34AEligibility for re-appointment
35Removal and resignation
35AChairperson of board
36Annual meetings
37Procedure of board
38Directorship of the board not office of profit
38AImmunity
39Guidelines of Minister
40Validity of acts or decisions
40ANotice of proposed direction
40BMinister may issue directions
40CAppointment of delegate to board
40DFunctions of delegate
40EObligations of board to delegate
40FStrategic plans
40GWhen statement of priorities to be prepared
40HContent of statement of priorities
40IFunctions of the chief executive officer of public hospital

Division 5—Public hospitals and denominational hospitals

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

Division 6—Registered community health centres

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

Division 8—Censure etc.

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

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

63Definition
63ASecretary may commission audits
63BAppointment or engagement of auditors
63CPowers of auditors
63DConfidentiality requirements

Division 9—Amalgamation of registered funded agencies

64Proposal for amalgamation
64AVoluntary amalgamations
65Governor in Council may order amalgamation

Division 9A—Aggregation of metropolitan hospitals

65ADefinitions
65BExtra-territorial operation
65CAggregation
65DNew metropolitan hospital to be successor in law
65ESubstitution of party to agreement
65FOld instruments
65FATrusts in relation to aggregated hospitals
65GProceedings
65HInterests in land
65IAmendment of Register
65JTaxes
65KEvidence
65LTransfer of aggregated hospital staff to new hospital
65MFuture terms and conditions of transferred employees
65NValidity of things done under this Division
65OOperation of Division not subject to review

Division 9B—Public health services

65PIncorporation
65QPublic health services do not represent the Crown
65RObjects of public health services
65SBoard of directors
65TDirectors
65UTerms and conditions
65VRemoval and resignation
65WDisclosure of interest
65XProcedure of board
65XAChief executive officer
65XABGuidelines of Minister
65XBFunctions of the chief executive officer
65YImmunity
65ZValidity of acts or decisions
65ZAAAppointment of delegate to board
65ZABFunctions of delegate
65ZACObligations of board to delegate
65ZAAdvisory committees
65ZBCommunity advisory committee
65ZCPrimary care and population health advisory committee
65ZDGuidelines of Secretary
65ZEProcedure of advisory committees
65ZFStrategic plans
65ZFAWhen statement of priorities to be prepared
65ZFBContent of statement of priorities
65ZGAnnual meetings
66Notice of proposed direction
66AMinister may issue directions

Division 10—Compulsory acquisition of land

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

Division 11—Leasing and licensing powers

69AAMeaning of hospital site
69AABApplication of Division
69AACPower to grant leases for up to 35 years
69AADPower to grant licences over land
69AAEDetermination to grant lease or licence under this Division to be published and tabled
69AAFParliamentary scrutiny of the leasing and licensing of certain land

Part 3A—Public hospital patient services agreements

Division 1—Definitions

69ADefinitions

Division 2—Agreements

69BMinister may enter into public hospital patient services agreements
69CMatters that may be included in agreement
69DAgreement to run with land
69ERights of access
69FRight of intervention in management
69GApplication of FOI Act
69IApplication of Land Act

Part 4—Health service establishments

Division 1—Approval in principle

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

Division 3—Registration

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

Division 4—Censure etc.

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

Division 5—General

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

Part 4A—Multi purpose services

115ADeclaration and incorporation
115BMulti purpose services do not represent Crown
115CObjects and functions of multi purpose services
115DPowers
115EBoard of directors
115FTerms and conditions of appointment
115FAEligibility for re-appointment
115GRemoval and resignation
115GAChairperson of board
115HAnnual meetings
115IProcedure of board
115JDirectorship of board not office of profit
115JAImmunity
115JBChief executive officer
115JCFunctions of the chief executive officer
115LValidity of acts or decisions
115MMulti purpose service must comply with directions of Secretary
115MAGuidelines of Minister
115MBAppointment of delegate to board
115MCFunctions of delegate
115MDObligations of board to delegate
115NRules of multi purpose service
115NAStrategic plans
115OService agreements
115PHealth service agreements
115QPowers of Minister
115RAppointment of administrator
115SClosure
115SAProposal for amalgamation
115TVoluntary amalgamations
115UGovernor in Council may order amalgamation
115VTransitional

Part 5A—Quality and safety

Division 1—Chief Quality and Safety Officer

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

Division 2—Authorised quality and safety officers

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

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

124Quality and safety review
125Principles that apply to quality and safety reviews
126Scope of quality and safety review
127Notice requirements for quality and safety review
128Powers of entry
128APower to give written direction to persons to produce documents or answer questions
128BHealth service entity staff and representatives to give any reasonable assistance
128CProtection against self-incrimination
128DQuality and safety review reports and recommendations
128EReport and response to be given to the Secretary
128FPublication and response
128GSummary of protected quality and safety review

Division 4—Guidelines

128HChief Quality and Safety Officer may make guidelines

Division 5—Confidentiality

128IConfidentiality obligations applying in respect of information from protected quality and safety review
128JConfidentiality of documents
128KPatient's access to medical file preserved

Division 6—Referral of matters

128LNotice to chief psychiatrist or Chief Health Officer

Division 7—Liability

128MProtection from liability for persons involved in quality and safety review

Division 8—SAPSE reviews

128NSAPSE reviews
128OScope of SAPSE review
128PAppointment of SAPSE review panel
128QMembership of SAPSE review panel
128RProtection from liability for SAPSE review panel members
128SProtection from liability for participants in SAPSE review
128TSerious adverse patient safety event review report
128UConfidentiality of SAPSE review documents and report
128VDisclosure of report
128WPerson cannot be compelled to give particular information in evidence
128XConfidentiality obligations applying to member of SAPSE review panel
128YIdentity of SAPSE review panel members not to be disclosed
128ZRestrictions on SAPSE reviews
128ZASection 139 does not apply

Division 9—Duty of candour

128ZBDefinitions
128ZCDuty of candour
128ZDApology not admission of liability
128ZENon-compliance with duty of candour
128ZFVictorian Duty of Candour Guidelines

Division 10—Statements

128ZGMeaning of relevant health service entity
128ZHStatement about failure to comply with duty of candour
128ZISubmissions on publication of statement

Part 6—Health Purchasing Victoria

Division 1—Establishment

129Establishment of Health Purchasing Victoria
130HPV represents the Crown

Division 2—General functions and powers

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

Division 3—Purchasing policies

134Purchasing policies
134AHPV may exempt public hospitals from policies
134BProcedure for making and notification of purchasing policies
134CDisallowance of purchasing policies

Division 4—Membership and procedure

134DMembers of HPV
134ETerms and conditions
134FRemoval and resignation
134GProcedure of HPV
134HValidity of HPV decisions
134IMembers' pecuniary interests
134JImproper use of information
134KDelegation

Division 5—General

134LDirections of the Minister or Secretary
134MStrategic plans
134NExisting supply contracts
134OHPV—trade practices

Part 6B—Information sharing for quality and safety purposes

134VDefinitions
134WMeaning of quality and safety purpose
134XDisclosure of confidential information to Secretary or quality and safety body for a quality and safety purpose
134YSecretary or quality and safety body may collect and use confidential information for a quality and safety purpose
134ZSecretary or quality and safety body may appoint entity as special adviser for quality and safety purposes
134ZACollection, use and disclosure of confidential information if special adviser appointed
134ZBMinister may authorise collection, use and disclosure of confidential information between health service entities
134ZCCollection, use or disclosure authorised to extent necessary for purpose
134ZDCollection, use or disclosure in good faith protected

Part 6BA—Compliance

Division 1—Improvement notices

134ZDAPower to give improvement notice
134ZDBContent of improvement notice
134ZDCAmendment of improvement notice
134ZDDWithdrawal of improvement notice
134ZDECriminal proceeding not affected by improvement notice
134ZDFOffence to contravene improvement notice

Division 2—Prohibition notices

134ZDGPower to give prohibition notice
134ZDHContent of prohibition notice
134ZDIAmendment of prohibition notice
134ZDJWithdrawal of prohibition notice
134ZDKCriminal proceeding not affected by prohibition notice
134ZDLOffence to contravene prohibition notice

Division 3—Enforceable undertakings

134ZDMPower to accept an enforceable undertaking
134ZDNAmendment or withdrawal of enforceable undertaking
134ZDONo criminal proceeding if enforceable undertaking is complied with
134ZDPNo criminal proceeding while enforceable undertaking is in force
134ZDQCriminal proceeding if enforceable undertaking is withdrawn
134ZDREnforcement of enforceable undertaking by Magistrates' Court
134ZDSEnforcement of enforceable undertaking order by Secretary

Division 4—Information or document production notices

134ZDTPower to give information or document production notice
134ZDUOffence to contravene information or document production notice
134ZDVProtection against self‑incrimination
134ZDWAdmissibility of document produced under information or document production notice
134ZDXOffence to provide false or misleading information under information or document production notice

Division 5—Review by VCAT

134ZDYApplication for review by VCAT

Part 6C—Electronic Patient Health Information Sharing System

Division 1—Definitions

134ZEDefinitions

Division 2—Electronic Patient Health Information Sharing System

134ZFElectronic Patient Health Information Sharing System
134ZGContent of Electronic Patient Health Information Sharing System
134ZHNotice of health information required to be given to the Secretary
134ZIHealth information collected after publication of notice
134ZJDirection to comply with notice
134ZKExtension of time to comply with notice
134ZLNo consent required

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

134ZMAccess to, use and disclosure of information held in Electronic Patient Health Information Sharing System for provision of medical treatment
134ZNAccess to and use of information for purposes of establishing and maintaining Electronic Patient Health Information Sharing System
134ZOSecretary authorised to access Electronic Patient Health Information Sharing System and use and disclose specified patient health information

Division 4—Offences

134ZPOffence of unauthorised access to Electronic Patient Health Information Sharing System
134ZQOffence of access to Electronic Patient Health Information Sharing System for unauthorised purpose
134ZROffence of unauthorised use or disclosure of specified patient health information

Division 5—Disapplication of the Freedom of Information Act 1982

134ZSFreedom of Information Act 1982 does not apply

Division 6—Privacy Management Framework

134ZTMinister must establish Privacy Management Framework
134ZUCompliance with Privacy Management Framework

Division 7—Independent review of this Part

134ZVIndependent review by expert panel
134ZWAppointment of expert panel

Part 7—Miscellaneous provisions

Division 1—Hospitals and charities fund

135Definition
136Hospitals and Charities Fund

137Payments out of Fund to agencies

Division 2—Payment of fees to certain agencies

138Payment of fees

Division 2A—Conditions of certain public service staff

138ADefinition
138BRemuneration and allowances
138CNo compensation payable

Division 3—General

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

Part 8—Transitional provisions

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

Part 9—Transitional provisions relating to metropolitan health services

Division 1—Preliminary

179Definitions
180Extra-territorial operation

Division 2—Establishment of metropolitan health services

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

Division 5—Transfer of property, rights and liabilities of metropolitan hospitals on cancellation of incorporation

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

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

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

Division 7—General

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

Part 10—Further transitionals

230Transitional provision for boards of community health centres

Part 11—Deemed publication

231Deemed publication of Order in Council

Part 12—Transitional provisions relating to public health services

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

Part 13—Re-organisation of public hospitals and public health services

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

Schedules

Schedule 1—Public hospitals

Schedule 1A—Multi purpose services

Schedule 2—Denominational hospitals

Schedule 3—Metropolitan hospitals

Schedule 4—Privately-operated hospitals

Schedule 5—Public health services

Schedule 6—Women's health services

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Endnotes

1 General information

2 Table of Amendments

3 Explanatory details

Version No. 186

Health Services Act 1988

No. 49 of 1988

Version incorporating amendments as at

1 July 2025

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1Purpose
The purpose of this Act is to make provision for the development of health services in Victoria, for the carrying on of hospitals and other health care agencies and related matters.
2Commencement
(1)Part 11 comes into operation on the day to be proclaimed.
(2)Section 196 is deemed to have come into operation on 1 October 1987.
(2A)Section 199 is deemed to have come into operation on 1 October 1987.

(3)The remainder of this Act comes into operation on a day or days to be proclaimed.
3Definitions
(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;
approved accreditation scheme means an accreditation scheme approved under section 107;

authorised officer means a person appointed by the Secretary for the purposes of this Act;

authorised quality and safety officer means an officer appointed under section 121;

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;
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;

* * * * *

Chief Health Officer has the same meaning as in the Public Health and Wellbeing Act 2008;

chief psychiatrist has the same meaning as in the Mental Health Act 2014;

Chief Quality and Safety Officer means the person appointed as Chief Quality and Safety Officer under section 116;

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;

* * * * *

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;
declared operator has the same meaning as in section 3(1) of the Mental Health and Wellbeing Act 2022;

denominational hospital means—
(a)a hospital listed in Schedule 2; or
(b)premises occupied by such a hospital—

as the case requires;

* * * * *

Department means the Department of Health;

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

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);

enforceable undertaking means an undertaking given by a regulated person under section 134ZDM;

enforceable undertaking order means an order made by the Magistrates' Court under section 134ZDR;

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.

goods and services includes facilities, equipment and supplies;

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
(ca)Youth Mental Health and Wellbeing Victoria; or
(d)any other prescribed health or related service;

health service agreement means an agreement entered into under section 26;
health service entity means—
(a)a public health service; or
(b)a public hospital; or
(c)a multi purpose service; or
(d)a denominational hospital; or
(e)a private hospital; or
(f)a day procedure centre; or
(g)an ambulance service within the meaning of the Ambulance Services Act 1986; or
(h)a non-emergency patient transport service within the meaning of the Non‑Emergency Patient Transport and First Aid Services Act 2003 that is licensed under that Act; or
(ha)Youth Mental Health and Wellbeing Victoria; or
(i)the Victorian Institute of Forensic Mental Health; or
(j)a prescribed entity that provides health services;

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;

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

* * * * *

HPV means Health Purchasing Victoria established by section 129;

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

improvement notice means a notice given under section 134ZDA;

information or document production notice means a notice given under section 134ZDT;

interim funding statement means a statement issued under section 27;

* * * * *

metropolitan hospital means—
(a)a hospital listed in Schedule 3; or
(b)premises occupied by such a hospital—

as the case requires;
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;

next of kin includes a domestic partner;

* * * * *

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

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;

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;
prohibition notice means a notice given under section 134ZDG;

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;

protected quality and safety review means a quality and safety review which is designated as a protected quality and safety review by the Chief Quality and Safety Officer under section 124(3)(a)(ii);
Public Advocate has the same meaning as in the Guardianship and Administration Act 2019;

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

quality and safety review means a review of a health service entity conducted by the Chief Quality and Safety Officer under section 124 and includes—
(a)a standard quality and safety review; and
(b)a protected quality and safety review;

* * * * *

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

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;

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);

regulated person means a person who is—
(a)a proprietor of a health service establishment; or
(b)the legal personal representative of a proprietor of a health service establishment to whom the Secretary has granted an application under section 97;

* * * * *

representative has the same meaning as in Part IVA of the Medical Practitioners Act 1970;
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;
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;
resident's guardian means the resident's guardian appointed under the Guardianship and Administration Act 2019 or appointed by a court;

SAPSE review means a review of a serious adverse patient safety event conducted in accordance with Division 8 of Part 5A;

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;
serious adverse patient safety event means an event of a prescribed class or category that results in harm to one or more individuals;

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;

* * * * *

standard quality and safety review means a quality and safety review that is not a protected quality and safety review;

* * * * *

State funded residential care service means premises in respect of which a declaration under section 6 is in force;

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;

supported residential service has the same meaning as it has in the Social Services Regulation Act 2021;

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

Victorian Institute of Forensic Mental Health means the Victorian Institute of Forensic Mental Health established under section 610 of the Mental Health and Wellbeing Act 2022;

visitor means a community (residential services) visitor appointed under Part 5;
Youth Mental Health and Wellbeing Victoria has the same meaning as in section 3(1) of the Mental Health and Wellbeing Act 2022.

(2)If under the Public Administration Act 2004 the name of the Department of Health 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.

(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.

4Interpretation: health service establishment
A reference to the carrying on of a health service establishment is a reference to the provision of a health service by reason of the conducting of, or the carrying on of a business or undertaking at, or from, the establishment.
* * * * *

5AInterpretation: trust instruments
If the terms of an instrument creating a trust (as defined in section 3(1)) in relation to a former agency specify particular purposes of the agency for which the trust is created, then any reference to the purposes of the former agency is a reference to the purposes (if any) of the successor agency that correspond with, or are similar to, those specified purposes of the former agency.
6State funded residential care service

(1)The Secretary may, by notice published in the Government Gazette, declare premises to be a State funded residential care service if—
(a)in the opinion of the Secretary a business is carried on at those premises on a not-for-profit basis of providing accommodation to persons who—
(i)require the exercise of nursing supervision and care with occasional attendance by a registered medical practitioner; and
(ii)are persons in respect of whom residential care subsidy under an Act of the Commonwealth are provided; and

(b)the Government of Victoria provides funds directly or indirectly on a recurrent basis for the carrying on of that business.

(2)Any premises in respect of which a declaration under this section was in force immediately before the commencement of section 5 of the Health Services (Amendment) Act 1997 are deemed, on that commencement, to be declared under this section to be a State funded residential care service.
7Designated public hospital
(1)The Secretary may, by notice published in the Government Gazette, declare a public hospital or privately-operated hospital, or any part of a public hospital or privately-operated hospital, to be a designated public hospital for the purposes of Division 4 of Part 9 of the Social Services Regulation Act 2021 and Part 9 of the Supported Residential Services (Community Visitors) Act 2010 if the Secretary is satisfied that it is desirable so to do on account of the number of older or disabled persons or persons receiving chronic care in the public hospital or privately-operated hospital or part, being persons in respect of whom residential care subsidies under an Act of the Commonwealth are provided.
(2)Where a public hospital or privately-operated hospital or any part of a public hospital or privately operated hospital is declared to be a designated public hospital, Division 4 of Part 9 of the Social Services Regulation Act 2021 applies to that hospital or part as if it were a supported residential service.
(3)If a privately-operated hospital or any part of a privately-operated hospital is declared to be a designated public hospital, Division 4 of Part 9 of the Social Services Regulation Act 2021 applies to that hospital or part only to the extent to which it provides health services to public hospital patients.
8Amendment of Schedules
(1)The Governor in Council, by Order published in the Government Gazette, may amend Schedule 1, 1A, 2 or 3 by—

(a)adding the name of a hospital or multi purpose service; or

(b)removing the name of a hospital or multi purpose service; or

(c)amending the name of a hospital or multi purpose service.

(2)The Governor in Council must not remove the name of a hospital from Schedule 2 and add the name to Schedule 1 unless the hospital has ceased to be controlled by a religious denomination.
(3)The Governor in Council, by Order published in the Government Gazette, may amend Schedule 4 by—
(a)adding the name of a hospital within the meaning of Part 3A; or
(b)removing the name of a hospital if it has ceased to be a hospital within the meaning of Part 3A; or
(c)amending the name of a hospital.

(4)The Governor in Council, by Order published in the Government Gazette, may amend Schedule 5 by—
(a)adding the name of a public health service; or

(b)removing the name of a public health service; or

(c)amending the name of a public health service.

(5)If the name of a public hospital listed in Schedule 1, the name of a multi purpose service listed in Schedule 1A or the name of a public health service listed in Schedule 5 changes—

(a)the reference in the relevant Schedule to the old name of the public hospital, multi purpose service or public health service is taken to be a reference to the new name of the public hospital, multi purpose service or public health service; and
(b)the Governor in Council, by Order published in the Government Gazette, may amend the relevant Schedule by amending the name of the public hospital, multi purpose service or public health service.

9Objectives
The objectives of this Act are to make provision to ensure that—
(a)health care agencies—
(i)provide safe, patient-centred and appropriate health services; and
(ii)foster continuous improvement in the quality and safety of the care and health services they provide; and

(b)an adequate range of essential health services is available to all persons resident in Victoria irrespective of where they live or whatever their social or economic status; and
(ba)public hospitals are governed and managed effectively, efficiently and economically; and

(c)public funds—
(i)are used effectively by health care agencies; and
(ii)are allocated according to need; and

(ca)purchasing arrangements for public hospitals and supply chain management by public hospitals provide value for money; and
(d)health care agencies are accountable to the public; and

(e)users of health services are provided with sufficient information in appropriate forms and languages to make informed decisions about health care; and
(f)health care workers are able to participate in decisions affecting their work environment; and
(g)users of health services are able to choose the type of health care most appropriate to their needs.

* * * * *

11Exemptions
(1)The Governor in Council, by Order published in the Government Gazette, may declare that any provisions of Part 3 or Part 4 specified in the Order do not have effect in relation to a specified person or agency or class of person or agency.
(1A)The Governor in Council, by Order published in the Government Gazette, may declare that any or all of the provisions of this Act specified in the Order do not apply to a specified health service establishment or class of establishment.
(2)An Order under this section is subject to such terms and conditions (if any) as are specified in the Order.
(3)An Order under this section has effect according to its tenor.
(4)A person to whom an Order under this section applies must comply with the terms and conditions (if any) to which the Order is subject.
Penalty applying to this subsection: 100 penalty units.

11APrincipal function of the Secretary
To ensure that the objectives of this Act are met, the Secretary may—
(a)advise the Minister on the operation of this Act;
(b)develop policies and plans with respect to health services provided by health care agencies;
(c)fund or purchase health services and monitor, evaluate and review publicly funded or purchased health services;
(d)encourage safety and improvement in the quality of health services provided by health care agencies and health service establishments;
(e)in consultation with health care agencies, develop criteria or measures that enable comparisons to be made between the performance of health care agencies providing similar services;
(f)collect and analyse data to enable the Secretary to perform the Secretary's functions under this or any other Act;
(g)do anything else that the Secretary considers appropriate.

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

11BStatement of Recognition
(1)The Parliament recognises that Aboriginal people in Victoria are First Nations people of Australia and acknowledges their enduring connection to Country, kin, land and culture.
(2)The Parliament acknowledges the following—
(a)that Aboriginal self-determination serves as a foundational principle to improve health and wellbeing outcomes of Aboriginal people in Victoria;
(b)the lasting impact of laws, practices and policies on the health and wellbeing outcomes of Aboriginal people since colonisation and enduring to this day;
(c)cultural dislocation, oppression, intergenerational trauma, lack of healing, systemic racism, institutionalised inequality and the loss of land, lore and language continue to harm the health and wellbeing of Aboriginal people in Victoria today;
(d)the strength of Aboriginal people, culture, kinship and communities in the face of historical and ongoing injustices;
(e)Aboriginal people's ongoing connection to culture, community and Country and the importance of this connection for the health and wellbeing of Aboriginal people in Victoria.

(3)It is the intention of Parliament that the health sector recognises, respects and supports the distinct cultural rights of Aboriginal people and their right to receive culturally-safe holistic health care throughout Victoria.
(4)The Parliament supports initiatives which address the ongoing health inequalities experienced by Aboriginal people in Victoria.
(5)The Parliament recognises the essential role of Aboriginal community controlled health organisations in meeting the health, wellbeing and care needs of Aboriginal people in Victoria.
(6)The Parliament supports the development of future reforms which further Aboriginal self‑determination within health services in Victoria.

11CAcknowledgement of treaty process
The Parliament acknowledges Victoria's treaty process and the aspiration of Aboriginal people to achieve increased autonomy, Aboriginal decision-making and control of planning, funding and administration of services for Aboriginal people, including through self-determined Aboriginal representative bodies established through treaty.

11DStatement of Recognition principles
(1)Aboriginal health and wellbeing extends beyond physical health, encompassing the social, emotional and cultural wellbeing of the whole community in which each individual is able to achieve their full potential, thereby supporting the total wellbeing of the community.
(2)Aboriginal people in Victoria have the right to self-determination in health care and wellbeing services.
(3)Delivering culturally-safe health care and wellbeing services to Aboriginal people is fundamentally important.
(4)It is essential to partner with Aboriginal communities, including Aboriginal community controlled health organisations and Aboriginal representative groups, to support the development of health care and wellbeing services, advance Aboriginal self‑determination and embed cultural safety.
(5)Historic and ongoing biases and racism that contribute to health inequalities for Aboriginal people in Victoria are to be addressed.
(6)Aboriginal community controlled health organisations play an important and key role in meeting the health and wellbeing needs of Aboriginal people in Victoria.
(7)The resources required by Aboriginal community controlled health organisations to meet the health and wellbeing needs of Aboriginal people in Victoria are recognised.

11EEffect of this Part
(1)The Parliament does not intend by this Part to affect in any way the interpretation of this Act or of any other law in force in Victoria.
(2)The Parliament does not intend by this Part to create in any person any legal right or to give rise to any civil cause of action, or to provide any ground for review of an administrative act or omission.
(3)The Parliament does not intend by this Part to alter or affect an existing entitlement to compensation or create an entitlement to compensation arising from any matter referred to in section 11B, 11C or 11D.

11FReferences to Aboriginal people include Torres Strait Islanders
In this Part, a reference to Aboriginal people includes a reference to Torres Strait Islanders.

PART 2—HEALTH SERVICES DEVELOPMENT GUIDELINES

12Preparation of draft guidelines
The Minister, after consulting widely with any persons who may be affected, may prepare draft guidelines for all or any of the following—
(a)the orderly development of health services in the whole or any part of Victoria;
(aa)the adequacy of health services in any part of Victoria;

(b)the improvement of the quality or safety of health care and health facilities;

(c)the improved distribution of health services and health facilities throughout Victoria or in any part of Victoria;
(d)the avoidance of unnecessary and costly duplication of health services and health facilities;
(e)the division of Victoria into areas for the purposes of delivery of health services.

13Notice of draft guidelines
(1)The Minister must cause a notice of draft guidelines prepared under section 12 to be published—
(a)in the Government Gazette; and
(b)in a newspaper circulating generally in Victoria; and
(c)if a guideline applies to a particular area of Victoria, in another newspaper circulating generally in that area.

(2)The notice must—
(a)state where copies of the draft guidelines can be obtained; and
(b)specify a period of not less than 60 days after the date of the notice for making submissions to the Minister on the draft guidelines.

14Approval of guidelines
(1)If, after considering any submissions received, the Minister decides to proceed with the draft guidelines with or without amendments, the Minister may recommend to the Governor in Council that the guidelines be approved in the form recommended by the Minister.
(2)The Governor in Council may—
(a)approve; or
(b)refuse to approve—

the guidelines recommended by the Minister.
15Publication of approved guidelines
The Minister must cause notice of any approved guidelines to be published in the Government Gazette.
16Operation of guideline
An approved guideline—
(a)has effect on and from the day on which it is published or if a later day is specified in the notice, that later day; and
(b)unless sooner revoked, has effect for 3 years.

17Revocation of guideline
(1)The Governor in Council may revoke a guideline by notice published in the Government Gazette.
(2)The revocation of a guideline has effect on and after the day specified in the notice, being a day not less than 30 days after the day on which the notice is published in the Government Gazette.

PART 2A—PUBLIC HOSPITAL SERVICES PRINCIPLES

17AA Public hospital services principles
(1)The principles contained in any agreement in force from time to time between the Commonwealth and Victoria with respect to the provision of public hospital services are established as guidelines for the delivery of public hospital services in Victoria.
(2)Nothing in this Part—
(a)gives rise to, or can be taken into account in, any civil cause of action; and
(b)without limiting paragraph (a), operates to create in any person legal rights not in existence before the commencement of section 6 of the Health Services (Further Amendment) Act 1998.

(3)In this Part, a reference to public hospital services includes a reference to services provided to public hospital patients by the following—
(a)privately-operated hospitals;
(b)Youth Mental Health and Wellbeing Victoria;
(c)a declared operator under a service agreement with Youth Mental Health and Wellbeing Victoria.

PART 3—AGENCIES

Division 1—Public funding

17ABDefinition
In this Division, agency includes any registered community health centre, the Victorian Institute of Forensic Mental Health and Youth Mental Health and Wellbeing Victoria but does not include a privately-operated hospital.

17APower to fund agencies

(1)The Secretary may provide grants, payments, subsidies or other financial assistance to agencies from funds administered by the Secretary for that purpose on the terms and conditions that the Secretary considers appropriate.
(2)As part of the financial assistance under subsection (1), the Secretary may fund, either wholly or in part, the provision of health services by an agency and the funding can be determined by reference to the nature and extent of the health service to be provided.
18Criteria for public funding of agencies
In determining whether or not any grant, subsidy or other financial assistance should be given to an agency from money administered by the Secretary or determining what terms and conditions (if any) should be imposed, consideration must be given to the following—
(a)the arrangements made or to be made by the agency—
(i)for ensuring that it makes efficient use of its resources; and
(ii)for monitoring and improving the quality of health services provided by the agency; and
(iii)for making its services accessible to minority groups and disadvantaged people; and
(iv)for enabling users of its services to make informed decisions about health care; and
(v)for enabling its employees to participate in decisions about their work environment;

(b)whether the provision of services of any kind by the agency is likely to result in more than adequate services of that kind becoming available in any area;
(c)whether the provision of services by the agency is consistent with any guidelines in force under Part 2;
(d)whether the agency has complied with any health service agreement or interim funding statement relating to it;
(e)if the agency has failed to comply with a health service agreement or interim funding statement, the reasons for non-compliance;
(ea)the terms of any agreement between the agency and the Secretary under which the agency is to provide health services, and the provision of those health services is to be funded in whole or in part by the Secretary;
(eb)in the case of an agency which is a public hospital or a denominational hospital, whether it has complied with any direction given under section 42(1)(ia), and if it has failed to comply with that direction, the reasons for non-compliance;
(ec)in the case of a public health service, whether it has met the objectives, priorities and key performance outcomes specified in its statement of priorities under section 65ZFA in relation to the current financial year or in its statements of priorities under section 65ZFA in relation to the last 2 financial years;
(ed)in the case of a denominational hospital to which a statement of priorities under section 44A relates, whether it has met the objectives, priorities and key performance outcomes specified in its statement of priorities in relation to the current financial year or in its statements of priorities in relation to the last 2 financial years;
(f)any other relevant matters.

Division 1A—Case mix funding

18ADefinition
(1)In this Division, case mix funding system means the system of funding health services provided by a public hospital or denominational hospital based on formulae that determine the relative weighting of particular classes of health services.

(2)In this Division, public hospital includes—
(a)a privately-operated hospital to the extent to which it provides health services to public hospital patients and references to patients must be construed as including public hospital patients in such a hospital; and
(b)Youth Mental Health and Wellbeing Victoria and any declared operator providing youth mental health and wellbeing services under a service agreement with Youth Mental Health and Wellbeing Victoria—
(i)to the extent to which the services are in-patient services provided to public patients; and
(ii)any references to patient must be construed as including an in‑patient to whom youth mental health and wellbeing services are provided to as a public patient.

18BCase mix auditors

(1)The Secretary may engage—

(a)a registered health practitioner within the meaning of the Health Practitioner Regulation National Law; or
(b)a person with qualifications which, in the opinion of the Secretary are appropriate, and who belongs to a class of persons designated for the purpose of this paragraph by the Governor in Council by Order published in the Government Gazette—

to be a case mix auditor on any terms and conditions that the Secretary thinks fit, and the Public Administration Act 2004 does not apply to any person in respect of an appointment under this subsection.
(2)The Secretary may designate an authorised officer to be a case mix auditor.

(3)The Secretary must issue to a case mix auditor a copy of his or her authorisation to act as a case mix auditor.

18CFunctions of case mix auditors
The function of a case mix auditor is to determine whether the case mix funding system is being effectively implemented by a public hospital or denominational hospital by—
(a)monitoring funding under the case mix formulae; and
(b)detecting errors in the classification of patient data by random inspection of patient medical records; and
(c)assisting a public hospital or denominational hospital to identify problems which may arise in the implementation and administration of case mix funding; and
(d)providing information that does not identify patients or individuals to the Secretary for statistical purposes.

18DPowers of case mix auditors
(1)A case mix auditor may, at any reasonable time, enter the premises of a public hospital or denominational hospital for the purposes of ascertaining that the case mix funding system is being correctly implemented and may—
(a)inspect any relevant patient medical records or other relevant documents; and
(b)extract or copy information that does not identify individuals; and
(c)ask questions of any person employed in the public hospital or denominational hospital to determine whether case mix data are being correctly reported.

(2)Subsection (1) does not apply to any information or document relating to the proceedings of or prepared for the purposes of an approved quality assurance body declared under section 139 unless that information or document does not identify, either expressly or by implication, a particular individual or particular individuals.
(3)A case mix auditor must produce a copy of his or her authorisation to act as a case mix auditor if requested to do so.

18EConfidentiality requirements
(1)A person who is, or at any time has been, a case mix auditor must not, except to the extent necessary to perform any official duties or to perform or exercise any power or function under this Act, either directly or indirectly, make a record of or divulge or communicate to any person any information that is or was acquired by the person by reason of being, or having been, a case mix auditor or make use of any such information for any purpose other than the performance of official duties or the performance or exercise of that function or power.
Penalty:100 penalty units.

(2)Subsection (1) does not preclude a person from—
(a)producing a document to a court in the course of criminal proceedings; or
(b)divulging or communicating to a court in the course of any criminal proceedings any matter or thing coming under the notice of the person in the performance of official duties or in the performance or exercise of a power referred to in subsection (1); or
(c)producing a document or divulging or communicating information that is expressly authorised or permitted by any Act to be produced, divulged or communicated; or
(d)producing a document or divulging or communicating information with the prior consent of the person to whom it relates, or if that person has died, with the consent of the senior available next of kin of that person.

(3)In this section, court includes any board, tribunal or person authorised to receive evidence.
* * * * *

Division 2—Registration of certain agencies

19Definition
In this Division, agency does not include—
(a)a public hospital; or
(b)a denominational hospital; or

(ba)a registered community health centre; or

(c)a privately-operated hospital.

20Registration as condition of funding
(1)The Secretary may determine that an agency shall not receive, or continue to receive, any grants, subsidies or other financial assistance from money administered by the Secretary for the purposes of health care unless it is registered under this Division.
(2)Before making a determination for the purposes of subsection (1), the Secretary—
(a)must have regard to the following—
(i)the extent and nature of the health services provided by the agency;
(ii)whether the agency is likely to seek recurrent funding;
(iii)the extent to which the agency is funded from money administered by the Secretary or otherwise provided by the Government; and

(b)if the agency is funded from money provided by the Government but not administered by the Secretary, must consult with any Department that provides significant grants, subsidies or other financial assistance to the agency.

(3)If the Secretary makes a determination for the purposes of subsection (1)—

(a)the Secretary must give notice in writing of the determination to the agency; and

(b)the agency may apply to the Secretary in the prescribed form for registration under this Division.

21Conditions of registration
(1)The Secretary must not register an agency under this Division unless the Secretary has approved the constitution, objects, purposes and by-laws of the agency.
(2)The Secretary may refuse to register an unincorporated agency if he or she considers that, having regard to the services provided by the agency, the agency should be incorporated or should be managed by an incorporated body.
22Registration
(1)The Secretary—
(a)may register; or
(b)may refuse to register—

an agency that has applied for registration under section 20(3)(b).
(2)The Secretary may at any time cancel the registration of a registered funded agency.

(3)The Secretary must keep a register of registered funded agencies and must make the register available for inspection by the public during ordinary business hours.

Division 3—Registered funded agencies

* * * * *
24Rules of registered funded agency
(1)A registered funded agency must not—
(a)change its name; or
(b)change its objects or purposes; or
(c)amend or alter its constitution; or

(d)make, amend or alter its by-laws—

without the approval in writing of the Secretary.
(2)If the Secretary directs a registered funded agency to amend or alter its constitution, objects, purposes or by-laws or make by-laws with respect to—
(a)the management of the agency; or
(b)the provision of services by the agency; or
(c)the election of committees or office bearers of the agency; or
(d)except in the case of an agency to which Division 7 applies, the auditing of financial statements of the agency; or
(e)the disposition of any surplus assets on the dissolution of the agency; or
(f)in the case of a public hospital, the procedures for appointing registered medical practitioners and defining their clinical responsibilities; or
(fa)a matter consequent on the making of an Order under section 248; or

(g)in the case of an agency registered under Division 2, the keeping of accounts and records, the qualifications of auditors and reporting to the Minister—

the agency must amend or alter its constitution, objects or purposes or by-laws or make by-laws accordingly.
(2A)If the Secretary directs a public health service to amend or alter its core objects, the public health service must amend or alter its core objects accordingly.

(3)A registered funded agency must not do or permit or suffer anything to be done that is inconsistent with its objects or is not otherwise authorised by or under this Act.
(4)Subsections (1) and (2) do not apply to a denominational hospital.

25Chief executive officer
(1)Each registered funded agency must appoint a person as the chief executive officer (by whatever name called) and must cause any vacancy in the office of chief executive officer to be filled as soon as possible.
(2)A registered funded agency must not appoint or re-appoint a person as chief executive officer unless—
(a)the appointment of that person is approved by the Secretary; and
(b)in the case of a public hospital, the remuneration of the chief executive officer and the terms and conditions of his or her appointment are approved by the Secretary.

26Health service agreements
(1)A registered funded agency may enter into a health service agreement in respect of each financial year with the Secretary.
(2)The terms of a health service agreement shall be in accordance with this Division and as agreed between the registered funded agency and the Secretary.
(3)An agreement shall be in respect of one year or such other period as is specified in the agreement.
(4)An agreement may specify—
(a)particulars of services to be provided by the agency, including particulars of the volume, scope and standard of services; and
(b)particulars of changes proposed in the provision of services by the agency, including particulars of building work to be undertaken or equipment to be acquired; and
(c)particulars of the organisation and management of the agency; and
(d)proposals of the agency for—
(i)ensuring the quality of services provided; and
(ii)handling complaints; and
(iii)enabling users of services to make informed decisions about the services; and
(iv)enabling its employees to participate in decisions about their work environment; and
(v)promoting industrial rights and the welfare of its employees; and
(vi)staff arrangements; and

(vii)keeping records and making reports; and
(viii)ensuring appropriate services are provided having regard to special needs of any ethnic or other minority groups; and
(e)limits or controls on expenditure or the entering into of contracts or agreements by the agency; and
(f)the provision of grants, subsidies or other assistance to the agency from money administered by the Secretary for the purposes of health care; and
(g)any other relevant matters.

(4A)A health service agreement entered into by a denominational hospital or a public health service is not required to specify particulars of any matters that are, or are to be, specified in a statement of priorities that has been, or will be, agreed to or made in relation to the hospital or health service under this Act for the financial year that the health service agreement is made in respect of.
(5)If a registered funded agency or the Secretary becomes aware of any circumstances affecting or likely to affect its or his or her ability to comply with a health service agreement—
(a)the agency or Secretary must inform the other party in writing; and

(b)the other party must within six weeks respond in writing; and
(c)where appropriate, the parties may amend the agreement.

(6)A registered funded agency must make a copy of any health service agreement affecting it available for inspection by the public during ordinary business hours.
(7)The Secretary must cause copies of any health service agreement in force under this section to be available for inspection by the public during ordinary business hours.
27Interim funding statements
(1)If the Minister is satisfied that a registered funded agency and the Secretary have failed to enter into a health service agreement, the Minister, after considering any submissions from the Secretary or the agency may issue a statement relating to a period ending not later than 30 June after the issue of the statement, specifying, in relation to that period—
(a)the nature of any grant, subsidy or financial assistance provided or to be provided to the agency; and
(b)the terms and conditions of any such grant, subsidy or assistance; and
(c)the volume, scope and standard of services to be provided by the agency.

(1A)The Minister is not required to issue an interim funding statement under subsection (1) for a denominational hospital or a public health service in relation to a financial year if a statement of priorities has been agreed to or made in relation to the hospital or health service under this Act in respect of that financial year.

156–159, 166–176, 177(1) (except (b)(c)), 178, 180, 182–192 on 14 May 1989: Government Gazette 3 May 1989 page 998; rest of Act (except Part 6) on 1 February 1991: Special Gazette (No. 9) 31 January 1991 page 2; Part 6 was never proclaimed and was repealed by section 3(2)(Schedule 2) of the Statute Law Revision Act 1995, No. 11/1995.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

• Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

• Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

• Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).

2 Table of Amendments

This publication incorporates amendments made to the Health Services Act 1988 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Health Acts (Amendment) Act 1989, No. 1/1989 (as amended by No. 42/1993)

Assent Date: 21.3.89

Commencement Date: Ss 3–5 on 24.5.88: s. 2(1); rest of Act on 21.3.89: s. 2(2)

CurrentState: All of Act in operation

Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989

Assent Date: 14.6.89

Commencement Date: S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217

CurrentState: All of Act in operation

Health Services (Amendment) Act 1990, No. 31/1990

Assent Date: 13.6.90

Commencement Date: Ss 3, 5 on 14.5.89: s. 2(1); rest of Act on 13.6.90: s. 2(2)

CurrentState: All of Act in operation

Health Services (Further Amendment) Act 1990, No. 53/1990

Assent Date: 7.11.90

Commencement Date: Ss 9, 27 on 14.5.89: s. 2(1); rest of Act on 7.11.90: s. 2(2)

CurrentState: All of Act in operation

Hospitals and Charities (Extension) Act 1992, No. 2/1992

Assent Date: 28.4.92

Commencement Date: 28.4.92

CurrentState: All of Act in operation

Health and Community Services (General Amendment) Act 1993, No. 42/1993

Assent Date: 1.6.93

Commencement Date: S. 23(1) on 14.5.89: s. 2(2); ss 19–22, 23(2)(3) on 1.10.93: Government Gazette 16.9.93 p. 2548

CurrentState: This information relates only to the provision/s amending the Health Services Act 1988

Health Services (Amendment) Act 1993, No. 112/1993

Assent Date: 7.12.93

Commencement Date: 7.12.93

CurrentState: All of Act in operation

Health and Community Services (Further Amendment) Act 1993, No. 124/1993

Assent Date: 7.12.93

Commencement Date: All of Act (except Pt 3 (ss 4–8)) on 7.12.93: s. 2(1); Pt 3 on 18.12.94: Government Gazette 15.12.94 p. 3308

CurrentState: All of Act in operation

Audit Act 1994, No. 2/1994

Assent Date: 27.4.94

Commencement Date: Pt 1 (ss 1–3) on 27.4.94: s. 2(1); rest of Act on 1.7.94: s. 2(2)

CurrentState: All of Act in operation

Medical Practice Act 1994, No. 23/1994 (as amended by No. 74/2000)

Assent Date: 17.5.94

Commencement Date: Ss 1, 2 on 17.5.94: s. 2(1); rest of Act on 1.7.94: Government Gazette 23.6.94 p. 1672

CurrentState: All of Act in operation

Financial Management (Consequential Amendments) Act 1994, No. 31/1994

Assent Date: 31.5.94

Commencement Date: Ss 1, 2 on 31.5.94: s. 2(1); s. 3, Sch. 1 (except item 60) on 7.7.94: Government Gazette 7.7.94 p. 1878—see Interpretation of Legislation Act 1984; Sch. 1 item 60 was never proclaimed, repealed by 75/1994: s. 13; s. 4, Sch. 2 on 1.1.95: Government Gazette 28.7.94 p. 2055

CurrentState: All of Act in operation

Financial Management (Amendment) Act 1994, No. 75/1994

Assent Date: 22.11.94

Commencement Date: S. 7(6) on 10.5.94: s. 2(1); rest of Act on 1.1.95 s. 2(2)

CurrentState: All of Act in operation

Health Services (Amendment) Act 1994, No. 88/1994

Assent Date: 6.12.94

Commencement Date: Ss 1, 2 on 6.12.94: s. 2(1); rest of Act on 2.3.95: Government Gazette 2.3.95 p. 431

CurrentState: All of Act in operation

Valuation of Land (Amendment) Act 1994, No. 91/1994

Assent Date: 6.12.94

Commencement Date: S. 25 on 23.1.95: Government Gazette 19.1.95 p. 121

CurrentState: This information relates only to the provision/s amending the Health Services Act 1988

Statute Law Revision Act 1995, No. 11/1995

Assent Date: 26.4.95

Commencement Date: 26.4.95

CurrentState: All of Act in operation

Health Services (Metropolitan Hospitals) Act 1995, No. 46/1995

Assent Date: 14.6.95

Commencement Date: 14.6.95

CurrentState: All of Act in operation

Miscellaneous Acts (Health and Justice) Amendment Act 1995, No. 99/1995

Assent Date: 5.12.95

Commencement Date: 5.12.95

CurrentState: All of Act in operation

Legal Practice Act 1996, No. 35/1996

Assent Date: 6.11.96

Commencement Date: S. 453(Sch. 1 item 38) on 1.1.97: s. 2(3)

CurrentState: This information relates only to the provision/s amending the Health Services Act 1988

Health Acts (Further Amendment) Act 1996, No. 68/1996

Assent Date: 17.12.96

Commencement Date: Pt 6 (ss 18–36) on 17.12.96: s. 2(1)

CurrentState: This information relates only to the provision/s amending the Health Services Act 1988

Health Services (Community Health Centres) Act 1997, No. 17/1997

Assent Date: 6.5.97

Commencement Date: Ss 1, 2 on 6.5.97: s. 2(1): s. 3 on 1.9.97: s. 2(2)

CurrentState: All of Act in operation

Health Services (Amendment) Act 1997, No. 73/1997 (as amended by Nos 13/1998, 52/1998)

Assent Date: 25.11.97

Commencement Date: Ss 4–6 on 18.12.97: Government Gazette 18.12.97 p. 3613; ss 8, 9 on 2.11.98: Government Gazette 29.10.98 p. 2639

CurrentState: This information relates only to the provision/s amending the Health Services Act 1988

Mental Health (Victorian Institute of Forensic Mental Health) Act 1997, No. 77/1997

Assent Date: 25.11.97

Commencement Date: S. 6 on 1.1.98: s. 2(3)

CurrentState: This information relates only to the provision/s amending the Health Services Act 1988

Health Services (St Andrew's Hospital) Act 1997, No. 83/1997

Assent Date: 2.12.97

Commencement Date: S. 3 on 7.5.98: Government Gazette 23.4.98 p. 880

CurrentState: This information relates only to the provision/s amending the Health Services Act 1988

Health Services (Amendment) Act 1998, No. 13/1998

Assent Date: 28.4.98

Commencement Date: 28.4.98

CurrentState: All of Act in operation

Ambulance Services (Amendment) Act 1998, No. 38/1998

Assent Date: 26.5.98

Commencement Date: S. 14(2) on 30.6.98: Government Gazette 25.6.98 p. 1562; s. 14(1) on 1.12.99: s. 2(3)

CurrentState: This information relates only to the provision/s amending the Health Services Act 1988

Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998 (as amended by No. 12/1999)

Assent Date: 26.5.98

Commencement Date: S. 7(Sch. 1) on 1.7.98: s. 2(2)

CurrentState: This information relates only to the provision/s amending the Health Services Act 1988

Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998

Assent Date: 2.6.98

Commencement Date: S. 311(Sch. 1 item 36) on 1.7.98: Government Gazette 18.6.98 p. 1512

CurrentState: This information relates only to the provision/s amending the Health Services Act 1988

Health Services (Further Amendment) Act 1998, No. 66/1998

Assent Date: 4.11.98

Commencement Date: Ss 4, 5, 7–14, 16 on 4.11.98: s. 2(1): s. 6 on 21.12.98: Government Gazette 17.12.98 p. 3053

CurrentState: This information relates only to the provision/s amending the Health Services Act 1988

Transfer of Land (Single Register) Act 1998, No. 85/1998

Assent Date: 17.11.98

Commencement Date: S. 24(Sch. item 32) on 1.1.99: s. 2(3)

CurrentState: This information relates only to the provision/s amending the Health Services Act 1988

Public Sector Reform (Further Amendments) Act 1999, No. 12/1999[4]

Assent Date: 11.5.99

Commencement Date: S. 4(Sch. 2 item 7) on 11.5.99: s. 2(1)

CurrentState: This information relates only to the provision/s amending the Health Services Act 1988

Dental Practice Act 1999, No. 26/1999

Assent Date: 1.6.99

Commencement Date: S. 107(Sch. item 4) on 1.7.00: s. 2(3)

CurrentState: This information relates only to the provision/s amending the Health Services Act 1988

Health Services (Governance) Act 2000, No. 39/2000

Assent Date: 6.6.00

Commencement Date: Ss 4–12 on 30.6.00: Special Gazette (No. 88) 23.6.00 p. 11

CurrentState: This information relates only to the provision/s amending the Health Services Act 1988

Public Lotteries Act 2000, No. 73/2000

Assent Date: 21.11.00

Commencement Date: S. 100 on 1.7.01: s. 2(2)

CurrentState: This information relates only to the provision/s amending the Health Services Act 1988

Health Services (Amendment) Act 2001, No. 1/2001

Assent Date: 27.3.01

Commencement Date: 1.4.01: s. 2

CurrentState: All of Act in operation

Health Records Act 2001, No. 2/2001

Assent Date: 10.4.01

Commencement Date: S. 103(1)(2)(b) on 1.3.02: Government Gazette 28.2.02 p. 318; ss 103(2)(a)(c)(3)–(5), 104 on 1.7.02: s. 2(2)

CurrentState: This information relates only to the provision/s amending the Health Services Act 1988

Health Services (Health Purchasing Victoria) Act 2001, No. 18/2001

Assent Date: 29.5.01

Commencement Date: 1.7.01: s. 2

CurrentState: All of Act in operation

Corporations (Consequential Amendments) Act 2001, No. 44/2001

Assent Date: 27.6.01

Commencement Date: S. 3(Sch. item 61) on 15.7.01: s. 2

CurrentState: This information relates only to the provision/s amending the Health Services Act 1988

Community Visitors Legislation (Miscellaneous Amendments) Act 2001, No. 51/2001

Assent Date: 25.9.01

Commencement Date: Ss 6, 7 on 1.2.02: s. 2(2)

CurrentState: This information relates only to the provision/s amending the Health Services Act 1988

Statute Law (Further Revision) Act 2002, No. 11/2002

Assent Date: 23.4.02

Commencement Date: S. 3(Sch. 1 item 32) on 24.4.02: s. 2(1)

CurrentState: This information relates only to the provision/s amending the Health Services Act 1988

Electoral Act 2002, No. 23/2002

Assent Date: 12.6.02

Commencement Date: S. 194 on 1.9.02: Government Gazette 29.8.02 p. 2333

CurrentState: This information relates only to the provision/s amending the Health Services Act 1988

Health Legislation (Amendment) Act 2003, No. 67/2003

Assent Date: 14.10.03

Commencement Date: Ss 4, 5 on 15.10.03: s. 2(1)

CurrentState: This information relates only to the provision/s amending the Health Services Act 1988

Health Legislation (Further Amendment) Act 2003, No. 98/2003

Assent Date: 2.12.03

Commencement Date: S. 13 on 3.12.03: s. 2(1)

CurrentState: This information relates only to the provision/s amending the Health Services Act 1988

Gambling Regulation Act 2003, No. 114/2003

Assent Date: 16.12.03

Commencement Date: S. 12.1.3(Sch. 6 item 6) on 1.7.04: Government Gazette 1.7.04 p. 1843

CurrentState: This information relates only to the provision/s amending the Health Services Act 1988

Health Services (Supported Residential Services) Act 2004, No. 18/2004

Assent Date: 18.5.04

Commencement Date: Ss 5, 10, 11, 20 on 1.9.04: Special Gazette (No. 189) 1.9.04 p. 1; ss 4, 6–9, 12–19, 21–25 on 31.12.04: s. 2(2)

CurrentState: This information relates only to the provision/s amending the Health Services Act 1988

Health Services (Governance and Accountability) Act 2004, No. 52/2004

Assent Date: 22.6.04

Commencement Date: Ss 4–51, 53(1) on 23.6.04: s. 2(1); ss 52, 53(2) on 1.7.04: s. 2(2)

CurrentState: This information relates only to the provision/s amending the Health Services Act 1988

Public Administration Act 2004, No. 108/2004

Assent Date: 21.12.04

Commencement Date: S. 117(1)(Sch. 3 item 96) on 5.4.05: Government Gazette 31.3.05 p. 602

CurrentState: This information relates only to the provision/s amending the Health Services Act 1988

Legal Profession (Consequential Amendments) Act 2005, No. 18/2005

Assent Date: 24.5.05

Commencement Date: S. 18(Sch. 1 item 49) on 12.12.05: Government Gazette 1.12.05 p. 2781

CurrentState: This information relates only to the provision/s amending the Health Services Act 1988

Health Legislation (Miscellaneous Amendments) Act 2005, No. 42/2005

Assent Date: 2.8.05

Commencement Date: Ss 8–14 on 3.8.05: s. 2

CurrentState: This information relates only to the provision/s amending the Health Services Act 1988

Health Professions Registration Act 2005, No. 97/2005

Assent Date: 7.12.05

Commencement Date: S. 182(Sch. 4 item 27) on 1.7.07: s. 2(3)

CurrentState: This information relates only to the provision/s amending the Health Services Act 1988

Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006

Assent Date: 13.6.06

Commencement Date: S. 94(Sch. item 25) on 1.7.06: Government Gazette 29.6.06 p. 1315

CurrentState: This information relates only to the provision/s amending the Health Services Act 1988

Children, Youth and Families (Consequential and Other Amendments) Act 2006, No. 48/2006

Assent Date: 15.8.06

Commencement Date: S. 42(Sch. item 17) on 23.4.07: s. 2(3)

CurrentState: This information relates only to the provision/s amending the Health Services Act 1988

Health Services (Supported Residential Services) Act 2006, No. 55/2006

Assent Date: 15.8.06

Commencement Date: Ss 9, 17 on 12.10.06: Government Gazette 12.10.06 p. 2171; ss 4–8, 10–16 on 1.1.07: s. 2(3)

CurrentState: This information relates only to the provision/s amending the Health Services Act 1988

Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006

Assent Date: 10.10.06

Commencement Date: S. 26(Sch. item 48) on 11.10.06: s. 2(1)

CurrentState: This information relates only to the provision/s amending the Health Services Act 1988

Motor Car Traders Amendment Act 2008, No. 4/2008

Assent Date: 4.3.08

Commencement Date: S. 32(Sch. item 14) on 1.12.08: s. 2(2)

CurrentState: This information relates only to the provision/s amending the Health Services Act 1988

Relationships Act 2008, No. 12/2008

Assent Date: 15.4.08

Commencement Date: S. 73(1)(Sch. 1 item 30) on 1.12.08: s. 2(2)

CurrentState: This information relates only to the provision/s amending the Health Services Act 1988

Public Health and Wellbeing Act 2008, No. 46/2008

Assent Date: 2.9.08

Commencement Date: S. 277 on 1.1.10: s. 2(2)

CurrentState: This information relates only to the provision/s amending the Health Services Act 1988

Health Services Legislation Amendment Act 2008, No. 79/2008

Assent Date: 11.12.08

Commencement Date: S. 10 on 12.12.08: s. 2(1); ss 6–9, 11–14 on 31.3.09: Government Gazette 19.2.09 p. 328

CurrentState: This information relates only to the provision/s amending the Health Services Act 1988

Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009

Assent Date: 24.11.09

Commencement Date: S. 54(Sch. Pt 1 item 30), (Sch. Pt 2 item 25) on 1.1.10: s. 2(2)

CurrentState: This information relates only to the provision/s amending the Health Services Act 1988

Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010

Assent Date: 30.3.10

Commencement Date: S. 51(Sch. item 29) on 1.7.10: s. 2(2)

CurrentState: This information relates only to the provision/s amending the Health Services Act 1988

Health and Human Services Legislation Amendment Act 2010, No. 29/2010

Assent Date: 8.6.10

Commencement Date: S. 58 on 1.7.10: Special Gazette (No. 235) 23.6.10 p. 1

CurrentState: This information relates only to the provision/s amending the Health Services Act 1988

Supported Residential Services (Private Proprietors) Act 2010, No. 49/2010

Assent Date: 24.8.10

Commencement Date: Ss 219–226 on 1.7.12: s. 2(2)

CurrentState: This information relates only to the provision/s amending the Health Services Act 1988

Subordinate Legislation Amendment Act 2010, No. 78/2010

Assent Date: 19.10.10

Commencement Date: S. 24(Sch. 1 item 15) on 1.1.11: s. 2(1)

CurrentState: This information relates only to the provision/s amending the Health Services Act 1988

Health Services Amendment (Health Innovation and Reform Council) Act 2011, No. 17/2011

Assent Date: 31.5.11

Commencement Date: 1.3.12: s. 2(2)

CurrentState: All of Act in operation

Consumer Acts Amendment Act 2011, No. 36/2011

Assent Date: 23.8.11

Commencement Date: S. 34 on 24.8.11: s. 2(1)

CurrentState: This information relates only to the provision/s amending the Health Services Act 1988

Associations Incorporation Reform Act 2012, No. 20/2012

Assent Date: 1.5.12

Commencement Date: S. 226(Sch. 5 item 15) on 26.11.12: Special Gazette (No. 384) 20.11.12 p. 1

CurrentState: This information relates only to the provision/s amending the Health Services Act 1988

Australian Consumer Law and Fair Trading Act 2012, No. 21/2012

Assent Date: 8.5.12

Commencement Date: S. 239(Sch. 6 item 21) on 1.7.12: Special Gazette (No. 214) 28.6.12 p. 1

CurrentState: This information relates only to the provision/s amending the Health Services Act 1988

Integrity and Accountability Legislation Amendment Act 2012, No. 82/2012

Assent Date: 18.12.12

Commencement Date: S. 290 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 2

CurrentState: This information relates only to the provision/s amending the Health Services Act 1988

Health Services Amendment (Health Purchasing Victoria) Act 2013, No. 8/2013

Assent Date: 26.2.13

Commencement Date: 27.2.13: s. 2

CurrentState: All of Act in operation

Legal Profession Uniform Law Application Act 2014, No. 17/2014

Assent Date: 25.3.14

Commencement Date: S. 160(Sch. 2 item 48) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1

CurrentState: This information relates only to the provision/s amending the Health Services Act 1988

Health Services Amendment Act 2014, No. 22/2014

Assent Date: 1.4.14

Commencement Date: Ss 4–7 on 15.4.14: Special Gazette (No. 122) 15.4.14 p. 1

CurrentState: This information relates only to the provision/s amending the Health Services Act 1988

Mental Health Act 2014, No. 26/2014

Assent Date: 8.4.14

Commencement Date: S. 455(Sch. items 13, 36) on 1.7.14: s. 2(1)

Current State: This information relates only to the provision/s amending the Health Services Act 1988

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date: 3.6.14

Commencement Date: S. 10(Sch. item 78) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2

Current State: This information relates only to the provision/s amending the Health Services Act 1988

Inquiries Act 2014, No. 67/2014

Assent Date: 23.9.14

Commencement Date: S. 147(Sch. 2 item 20) on 15.10.14: Special Gazette (No. 364) 14.10.14 p. 2

CurrentState: This information relates only to the provision/s amending the Health Services Act 1988

Health Complaints Act 2016, No. 22/2016

Assent Date: 3.5.16

Commencement Date: Ss 233–236 on 1.2.17: s. 2(2)

CurrentState: This information relates only to the provision/s amending the Health Services Act 1988

Family Violence Protection Amendment (Information Sharing) Act 2017, No. 23/2017

Assent Date: 14.6.17

Commencement Date: S. 39 on 26.2.18: Special Gazette (No. 40) 6.2.18 p. 1

CurrentState: This information relates only to the provision/s amending the Health Services Act 1988

Health Legislation Amendment (Quality and Safety) Act 2017, No. 52/2017

Assent Date: 24.10.17

Commencement Date: Ss 6–32, 45–59 on 1.4.18: Special Gazette (No. 96) 6.3.18 p. 1; ss 3–5, 33–44, 60–68 on 1.7.18: s. 2(4)

Current State: This information relates only to the provision/s amending the Health Services Act 1988

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date: 27.2.18

Commencement Date: S. 68(Sch. 2 item 65) on 1.3.19: s. 2(2)

Current State: This information relates only to the provision/s amending the Health Services Act 1988

Children Legislation Amendment (Information Sharing) Act 2018, No. 11/2018

Assent Date: 10.4.18

Commencement Date: S. 32 on 27.9.18: Special Gazette (No. 405) 4.9.18 p. 1

Current State: This information relates only to the provision/s amending the Health Services Act 1988

Audit Amendment Act 2019, No. 12/2019

Assent Date: 4.6.19

Commencement Date: S. 20 on 1.7.19: s. 2(2)

Current State: This information relates only to the provision/s amending the Health Services Act 1988

Guardianship and Administration Act 2019, No. 13/2019

Assent Date: 4.6.19

Commencement Date: S. 221(Sch. 1 item 20) on 1.3.20: s. 2(2)

Current State: This information relates only to the provision/s amending the Health Services Act 1988

Health Legislation Amendment and Repeal Act 2019, No. 34/2019

Assent Date: 22.10.19

Commencement Date: Ss 55−64 on 23.10.19: s. 2(1); ss 54, 85 on 27.8.20: s. 2(3)

Current State: This information relates only to the provision/s amending the Health Services Act 1988

Health Services Amendment (Mandatory Vaccination of Healthcare Workers) Act 2020, No. 8/2020

Assent Date: 24.3.20

Commencement Date: Ss 3–8 on 25.3.20: s. 2

Current State: This information relates only to the provision/s amending the Health Services Act 1988

Non-Emergency Patient Transport Amendment Act 2021, No. 29/2021

Assent Date: 10.8.21

Commencement Date: S. 36 on 30.9.21: s. 2(2)

Current State: This information relates only to the provision/s amending the Health Services Act 1988

Social Services Regulation Act 2021, No. 37/2021 (as amended by No. 40/2022)

Assent Date: 21.9.21

Commencement Date: S. 394 on 1.7.24: s. 2(2)

Current State: This information relates only to the provision/s amending the Health Services Act 1988

Health Legislation Amendment (Quality and Safety) Act 2022, No. 4/2022

Assent Date: 1.3.22

Commencement Date: Ss 4–11, 30–32 on 30.11.22: s. 2(2)

Current State: This information relates only to the provision/s amending the Health Services Act 1988

Mental Health and Wellbeing Act 2022, No. 39/2022

Assent Date: 6.9.22

Commencement Date: Ss 832−837 on 1.9.23: s. 2(2)

Current State: This information relates only to the provision/s amending the Health Services Act 1988

Health Legislation Amendment (Information Sharing) Act 2023, No. 4/2023

Assent Date: 28.3.23

Commencement Date: S. 4 on 7.2.24: s. 2(2)

Current State: This information relates only to the provision/s amending the Health Services Act 1988

Children and Health Legislation Amendment (Statement of Recognition, Aboriginal Self-determination and Other Matters) Act 2023, No. 17/2023

Assent Date: 27.6.23

Commencement Date: S. 67 on 28.6.23: s. 2(1); s. 60 on 1.7.24: s. 2(3)

Current State: This information relates only to the provision/s amending the Health Services Act 1988

Health Legislation Amendment (Regulatory Reform) Act 2024, No. 39/2024

Assent Date: 29.10.24

Commencement Date: Ss 115, 116 on 30.10.24: s. 2(1); ss 92–96 on 1.3.25: Special Gazette (No. 700) 17.12.24 p. 1

Current State: This information relates only to the provision/s amending the Health Services Act 1988

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Government Gazette 10 August 1988 page 2433

Government Gazette 19 October 1988 page 3182

Government Gazette 2 November 1988 page 3281

Government Gazette 14 December 1988 page 3769

Government Gazette 22 March 1989 page 658

Government Gazette 20 September 1989 page 2427

Government Gazette 11 October 1989 page 2597

Government Gazette 18 October 1989 page 2666

Government Gazette 24 January 1990 page 222

Government Gazette 7 March 1990 page 705

Government Gazette 23 May 1990 page 1623

Government Gazette 1 August 1990 page 2389

Government Gazette 31 October 1990 page 3356

Government Gazette 6 February 1991 page 243

Government Gazette 20 February 1991 page 331

Government Gazette 24 April 1991 page 1100

Government Gazette 8 May 1991 page 1246

Government Gazette 29 May 1991 page 1414

Government Gazette 26 June 1991 page 1712

Government Gazette 4 September 1991 page 2478

Government Gazette 18 December 1991 page 3541

Government Gazette 22 January 1992 page 149

Government Gazette 29 January 1992 page 212

Government Gazette 17 June 1992 page 1504

Government Gazette 22 July 1992 page 1900

Government Gazette 5 August 1992 pages 2082, 2085

Government Gazette 7 October 1992 page 2998

Government Gazette 17 June 1993 page 1560

Government Gazette 26 August 1993 page 2406

Government Gazette 9 September 1993 page 2512

Government Gazette 28 October 1993 pages 2927, 2928

Government Gazette 16 December 1993 pages 3352, 3353

Special Gazette
(No. 95) 21 December 1993 page 5

Government Gazette 24 March 1994 page 756

Government Gazette 28 July 1994 page 2098

Government Gazette 15 September 1994 page 2503

Government Gazette 22 September 1994 page 2290

Government Gazette 20 October 1994 page 2830

Government Gazette 27 October 1994 page 2905

Government Gazette 1 December 1994 page 3191

Government Gazette 8 December 1994 page 3264

Government Gazette 22 December 1994 pages 3486, 3487

Government Gazette 12 January 1995 page 40

Government Gazette 23 March 1995 pages 671, 672

Government Gazette 6 April 1995 page 822

Government Gazette 20 April 1995 pages 930, 931

Government Gazette 15 June 1995 page 1439

Government Gazette 22 June 1995 pages 1531, 1532

Government Gazette 29 June 1995 pages 1681, 1682

Government Gazette 27 July 1995 pages 1977–1983

Government Gazette 17 August 1995 pages 2177, 2178

Special Gazette
(No. 108) 31 October 1995 pages 1, 2

Government Gazette 21 December 1995 pages 3655, 3656

Government Gazette 29 February 1996 page 505

Special Gazette
(No. 56) 23 May 1996 pages 1, 2

Government Gazette 20 June 1996 page 1578

Government Gazette 27 June 1996 page 1648

Government Gazette 26 September 1996 pages 2568, 2569

Government Gazette 31 October 1996 pages 2854, 2855

Government Gazette 19 December 1996 pages 3330–3334

Government Gazette 30 January 1997 page 245

Government Gazette 22 May 1997 page 1182

Government Gazette 19 June 1997 pages 1416, 1417

Government Gazette 25 September 1997 pages 2708, 2709

Government Gazette 2 October 1997 page 2759

Special Gazette
(No. 139) 3 November 1997 page 1

Government Gazette 27 November 1997 page 3266

Government Gazette 18 December 1997 page 3749

Government Gazette 12 March 1998 page 547

Government Gazette 19 March 1998 page 595

Government Gazette 26 March 1998 pages 693–697

Government Gazette 25 June 1998 pages 1656, 1657

Government Gazette 27 August 1998 page 2322

Government Gazette 12 November 1998 page 2775

Government Gazette 21 January 1999 page 111

Government Gazette 25 February 1999 page 515

Government Gazette 1 July 1999 pages 1559–1562

Government Gazette 12 August 1999 page 1888

Government Gazette 2 December 1999 page 2570

Special Gazette
(No. 96) 30 June 2000 pages 3–11

Special Gazette
(No. 101) 5 July 2000 page 1

Government Gazette 24 August 2000 page 2163

Special Gazette
(No. 21) 6 March 2001 page 1

Government Gazette 15 March 2001 page 458

Government Gazette 28 June 2001 page 1499

Government Gazette 5 July 2001 page 1605

Government Gazette 17 January 2002 page 70

Government Gazette 24 January 2002 page 130

Government Gazette 20 June 2002 page 1399

Government Gazette 10 October 2002 page 2735

Government Gazette 19 December 2002 page 3327

Government Gazette 17 April 2003 page 808

Government Gazette 12 June 2003 page 1368

Government Gazette 26 June 2003 page 1640

Special Gazette
(No. 153) 29 June 2004 page 1

Special Gazette
(No. 159) 30 June 2004 page 1

Government Gazette 19 August 2004 page 2343

Government Gazette 9 June 2005 page 1220

Government Gazette 30 June 2005 page 1461

Government Gazette 22 December 2005 page 3053

Government Gazette 13 March 2008 page 548

Government Gazette 19 June 2008 pages 1374, 1375

Government Gazette 31 July 2008 page 1856

Special Gazette
(No. 251) 10 September 2008 page 1

Government Gazette 12 February 2009 pages 301, 302

Government Gazette 2 April 2009 page 862

Special Gazette
(No. 213) 30 June 2009 page 1

Special Gazette
(No. 214) 30 June 2009 page 1

Special Gazette
(No. 260) 29 July 2009 page 1

Government Gazette 23 June 2011 pages 1433, 1434

Government Gazette 7 July 2011 page 1607

Government Gazette 14 July 2011 page 1651

Special Gazette
(No. 299) 22 September 2011 page 1

Special Gazette
(No. 191) 30 May 2013 page 1

Government Gazette 4 September 2014 page 2027

Government Gazette 18 June 2015 page 1387

Special Gazette
(No. 214) 1 July 2016 page 1

Government Gazette 11 May 2017 page 874

Special Gazette
(No. 243) 19 June 2019 page 1

Special Gazette
(No. 253) 25 June 2019 page 1

Special Gazette
(No. 483) 27 November 2019 page 1

Special Gazette
(No. 536) 17 December 2019 page 1

Government Gazette 24 December 2020 page 2583

Government Gazette 29 April 2021 page 865

Special Gazette
(No. 325) 23 June 2021 page 1

Special Gazette
(No. 599) 29 October 2021 page 2

Special Gazette
(No. 94) 24 February 2022 page 2

Government Gazette 4 May 2023 page 694

Government Gazette 26 October 2023 page 2006

Special Gazette
(No. 372) 2 July 2024 page 1

Government Gazette 26 June 2025 page 1401

––––––––––––––––––––––––

3 Explanatory details

[1] S. 134V def. of health service entity (repealed): The amendment proposed by section 836 of the Mental Health and Wellbeing Act 2022, No. 39/2022 is not included in this publication due to the earlier repeal of the section 134V definition of health service entity by section 10 of the Health Legislation Amendment (Quality and Safety) Act 2022, No. 4/2022.

Section 836 reads as follows:

836Definitions—Part 6B
In section 134V of the Health Services Act 1988, in the definition of health service entity—
(a)in paragraph (i), omit "established by section 328 of the Mental Health Act 2014";
(b)after paragraph (i) insert—
"(ia)Youth Mental Health and Wellbeing Victoria; or".

[2] Sch. 1 amended by GGs 10.8.88 p. 2433, 19.10.88 p. 3182, 2.11.88 p. 3281, 14.12.88 p. 3769, 22.3.89 p. 658, 20.9.89 p. 2427, 11.10.89 p. 2597, 18.10.89 p. 2666, 24.1.90 p. 222, 7.3.90 p. 705, 31.10.90 p. 3356, 6.2.91 p. 243, 24.4.91 p. 1100, 8.5.91 p. 1246, 29.5.91 p. 1414, 26.6.91 p. 1712, 18.12.91 p. 3541, 22.1.92 p. 149, 29.1.92 p. 212, 17.6.92 p. 1504, 22.7.92 p. 1900, 5.8.92 pp 2082, 2085, 7.10.92 p. 2998, 17.6.93 p. 1560, 26.8.93 p. 2406, 28.10.93 pp 2927, 2928, SG (No. 95) 21.12.93 p. 5, GGs 24.3.94 p. 756, 28.7.94 p. 2098, 15.9.94 pp 2503, 2504, 22.9.94 p. 2290, 20.10.94 p. 2830, 27.10.94 p. 2905, 1.12.94 p. 3191, 8.12.94 p. 3264, 22.12.94 pp 3486, 3487, 12.1.95 p. 40, 23.3.95 pp 671, 672, 6.4.95 pp 821, 822, 20.4.95 pp 930, 931, No. 46/1995 s. 12, GGs 15.6.95 p. 1439, 22.6.95 pp 1531, 1532, 29.6.95 pp 1681, 1682, 17.8.95 pp 2177, 2178, SG (No. 108) 31.10.95 pp 1, 2, No. 99/1995 s. 11, GGs 21.12.95 p. 3656, 29.2.96 p. 505, 20.6.96 p. 1578, 27.6.96 p. 1648, 26.9.96 pp 2568, 2569, 31.10.96 pp 2854, 2855, 19.12.96 pp 3330–3334, 30.1.97 p. 245, 22.5.97 p. 1182, 19.6.97 pp 1416, 1417, 2.10.97 p. 2759, 27.11.97 p. 3266, 12.3.98 p. 547, 19.3.98 pp 594, 595, 26.3.98 pp 693–697, 25.6.98 pp 1656, 1657, 12.11.98 p. 2775, 21.1.99 p. 111, 25.2.99 p. 515, 1.7.99 pp 1559–1562, 12.8.99 p. 1888, 2.12.99 p. 2570, SG (No. 101) 5.7.00 p. 1, GGs 15.3.01 p. 458, 28.6.01 p. 1499, 17.1.02 p. 70, 24.1.02 p. 130, 20.6.02 p. 1399, 10.10.02 p. 2735, 19.12.02 p. 3327, 12.6.03 p. 1368, 26.6.03 p. 1640, No. 52/2004 s. 52, SG (No. 153) 29.6.04 p. 1, GGs 19.8.04 p. 2343, 30.6.05 p. 1461, 12.2.09 pp 301, 302, SGs (No. 213) 30.6.09 p. 1, (No. 214) 30.6.09 p. 1, (No. 260) 29.7.09 p. 1, GGs 23.6.11 pp 1433, 1434, 7.7.11 p. 1607, 14.7.11 p. 1651, SG (No. 299) 22.9.11 p. 1, GGs 4.9.14 p. 2027, 18.6.15 p. 1387, SGs (No. 214) 1.7.16 p. 1, (No. 243) 19.6.19 p. 1, (No. 253) 25.6.19 p. 1, No. 34/2019 s. 61, SGs (No. 483) 27.11.19 p. 1, (No. 536) 17.12.19 p. 1, GG 24.12.20 p. 2583, SG (No. 325) 23.6.21 p. 1, SG (No. 599) 29.10.21 p. 2, SG (No. 94) 24.2.22 p. 2, GG 26.10.23 p. 2006.

[3] Sch. 5: The Order published in the Government Gazette on 2 April 2009 at page 862 is effective from the date of publication in the Government Gazette.

[4] Table of Amendments (Public Sector Reform (Further Amendments) Act 1999): The amendment proposed to sections 115N and 115T(2) by section 4 (Sch. 2 item 7) of the Public Sector Reform (Further Amendments) Act 1999, No. 12/1999 (repealed) is not included in this publication due to the earlier amendment of sections 115N and 115T(2) by section 16 of the Health Services (Further Amendment) Act 1998, No. 66/1998 (repealed).

Assent Date:	21.3.89
Commencement Date:	Ss 3–5 on 24.5.88: s. 2(1); rest of Act on 21.3.89: s. 2(2)
CurrentState:	All of Act in operation

Assent Date:	14.6.89
Commencement Date:	S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217
CurrentState:	All of Act in operation

Assent Date:	13.6.90
Commencement Date:	Ss 3, 5 on 14.5.89: s. 2(1); rest of Act on 13.6.90: s. 2(2)
CurrentState:	All of Act in operation

Assent Date:	7.11.90
Commencement Date:	Ss 9, 27 on 14.5.89: s. 2(1); rest of Act on 7.11.90: s. 2(2)
CurrentState:	All of Act in operation

Assent Date:	28.4.92
Commencement Date:	28.4.92
CurrentState:	All of Act in operation

Assent Date:	1.6.93
Commencement Date:	S. 23(1) on 14.5.89: s. 2(2); ss 19–22, 23(2)(3) on 1.10.93: Government Gazette 16.9.93 p. 2548
CurrentState:	This information relates only to the provision/s amending the Health Services Act 1988

Assent Date:	7.12.93
Commencement Date:	7.12.93
CurrentState:	All of Act in operation

Assent Date:	27.4.94
Commencement Date:	Pt 1 (ss 1–3) on 27.4.94: s. 2(1); rest of Act on 1.7.94: s. 2(2)
CurrentState:	All of Act in operation

Assent Date:	17.5.94
Commencement Date:	Ss 1, 2 on 17.5.94: s. 2(1); rest of Act on 1.7.94: Government Gazette 23.6.94 p. 1672
CurrentState:	All of Act in operation

Assent Date:	31.5.94
Commencement Date:	Ss 1, 2 on 31.5.94: s. 2(1); s. 3, Sch. 1 (except item 60) on 7.7.94: Government Gazette 7.7.94 p. 1878—see Interpretation of Legislation Act 1984; Sch. 1 item 60 was never proclaimed, repealed by 75/1994: s. 13; s. 4, Sch. 2 on 1.1.95: Government Gazette 28.7.94 p. 2055
CurrentState:	All of Act in operation

Assent Date:	22.11.94
Commencement Date:	S. 7(6) on 10.5.94: s. 2(1); rest of Act on 1.1.95 s. 2(2)
CurrentState:	All of Act in operation

Assent Date:	6.12.94
Commencement Date:	Ss 1, 2 on 6.12.94: s. 2(1); rest of Act on 2.3.95: Government Gazette 2.3.95 p. 431
CurrentState:	All of Act in operation

Assent Date:	26.4.95
Commencement Date:	26.4.95
CurrentState:	All of Act in operation

Assent Date:	14.6.95
Commencement Date:	14.6.95
CurrentState:	All of Act in operation

Assent Date:	5.12.95
Commencement Date:	5.12.95
CurrentState:	All of Act in operation

Assent Date:	6.11.96
Commencement Date:	S. 453(Sch. 1 item 38) on 1.1.97: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Health Services Act 1988

Assent Date:	17.12.96
Commencement Date:	Pt 6 (ss 18–36) on 17.12.96: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Health Services Act 1988

Assent Date:	6.5.97
Commencement Date:	Ss 1, 2 on 6.5.97: s. 2(1): s. 3 on 1.9.97: s. 2(2)
CurrentState:	All of Act in operation

Assent Date:	25.11.97
Commencement Date:	Ss 4–6 on 18.12.97: Government Gazette 18.12.97 p. 3613; ss 8, 9 on 2.11.98: Government Gazette 29.10.98 p. 2639
CurrentState:	This information relates only to the provision/s amending the Health Services Act 1988

Assent Date:	2.12.97
Commencement Date:	S. 3 on 7.5.98: Government Gazette 23.4.98 p. 880
CurrentState:	This information relates only to the provision/s amending the Health Services Act 1988

Assent Date:	28.4.98
Commencement Date:	28.4.98
CurrentState:	All of Act in operation

Assent Date:	26.5.98
Commencement Date:	S. 14(2) on 30.6.98: Government Gazette 25.6.98 p. 1562; s. 14(1) on 1.12.99: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Health Services Act 1988

Assent Date:	2.6.98
Commencement Date:	S. 311(Sch. 1 item 36) on 1.7.98: Government Gazette 18.6.98 p. 1512
CurrentState:	This information relates only to the provision/s amending the Health Services Act 1988

Assent Date:	4.11.98
Commencement Date:	Ss 4, 5, 7–14, 16 on 4.11.98: s. 2(1): s. 6 on 21.12.98: Government Gazette 17.12.98 p. 3053
CurrentState:	This information relates only to the provision/s amending the Health Services Act 1988

Assent Date:	17.11.98
Commencement Date:	S. 24(Sch. item 32) on 1.1.99: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Health Services Act 1988

Assent Date:	11.5.99
Commencement Date:	S. 4(Sch. 2 item 7) on 11.5.99: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Health Services Act 1988

Assent Date:	1.6.99
Commencement Date:	S. 107(Sch. item 4) on 1.7.00: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Health Services Act 1988

Assent Date:	6.6.00
Commencement Date:	Ss 4–12 on 30.6.00: Special Gazette (No. 88) 23.6.00 p. 11
CurrentState:	This information relates only to the provision/s amending the Health Services Act 1988

Assent Date:	21.11.00
Commencement Date:	S. 100 on 1.7.01: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Health Services Act 1988

Assent Date:	27.3.01
Commencement Date:	1.4.01: s. 2
CurrentState:	All of Act in operation