Untitled document
Health Acts (Further Amendment) Act 1996
Act No. 68/1996
TABLE OF PROVISIONS
Section Page PART 1—PRELIMINARY 1
1. Purpose 1 2. Commencement 2
PART 2—CANCER ACT 1958 3
3. Principal Act 3 4. Amendment of section 10 3 5. Amendment of section 11(2) 3 6. Section 11A inserted 3
11A. Section 11 report additional to Financial Management
Act 3
7. Statute law revision 4 PART 3—DRUGS, POISONS AND CONTROLLED SUBSTANCES
ACT 1981 5
8. Principal Act 5 9. Amendment of definition 5 10. Amendment of section 12E 5 11. Section 12F(3) repealed 5 12. Amendment of section 12I 5 13. Amendments to the Poisons Advisory Committee 6 15. Establishment and membership of Poisons Advisory
Committee 6 15A.
Terms and conditions of appointment 7 15B.
Resignation and removal 7 15C.
Vacancies 8 15D.
Quorum and proceedings 8 15E.
Co-opted members 8 16.
Sub-committees 9 17.
Functions of the Committee 10
14. Section 18 amended 10 15. Statute law revision 10
PART 4—PHARMACISTS ACT 1974 12
i
Section Page
16. Persons who may and may not own pharmacies 12
PART 5—CEMETERIES ACT 1958 13
17. Statute law revision 13
1. Short title 13
PART 6—HEALTH SERVICES ACT 1988 14
18. Principal Act 14 19. Amendment of definitions 14 20. Designated public hospital 15 21. Amendment of Schedules 15 22. Medicare Principles and Commitments 16 23. New section 17AB inserted 16 17AB. Definition 16 24. Case mix funding 16 25. Application of Division 2 of Part 3 16 26. Payment of remuneration 17 27. New Division 7 inserted in Part 3 of Principal Act 17 Division 7—Transitional Management Agreements 17
52. Definitions 17 53. Minister may enter into transitional management agreements 18 54. Matters to be included in agreement 18 55. Appointment of administrator 20 56. Consequences of agreement 21 57. Right of intervention in management 22 57A. Re-establishment of board of management 23 57B. Closure 24
28. New Part 3A inserted in Principal Act 24 PART 3A—PUBLIC HOSPITAL PATIENT SERVICES AGREEMENTS 24 Division 1—Definitions 24
69A. Definitions 24
Division 2—Agreements 25 69B. Minister may enter into public hospital patient services
agreements 25 69C.
Matters that may be included in agreement 26 69D.
Agreement to run with land 28 69E.
Rights of access 29 69F.
Right of intervention in management 30 69G.
Application of FOI Act 32
ii
Section Page
69H. Investigation of administrative actions 33
29. Insertion of penalties 34 30. Multi purpose services 34 31. New section 116A inserted 34 116A. Definition 34 32. Payment of fees 36 33. Confidentiality 36 34. Section 152A inserted 36
152A. Offences by bodies corporate etc 36
35. New section 157E inserted 36
157E. Supreme Court—limitation of jurisdiction 36
36. New Schedule 4 inserted 37
PART 7—MENTAL HEALTH ACT 1986 38
37. Amendment of definition 38
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NOTES 39
iii
Victoria
No. 68 of 1996
Health Acts (Further Amendment) Act
†
1996
[Assented to 17 December 1996]
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1. Purpose
The purpose of this Act is to amend the Cancer Act 1958, the Drugs, Poisons and Controlled Substances Act 1981, the Pharmacists Act 1974,
the Cemeteries Act 1958, the Health Services
Act 1988 and the Mental Health Act 1986.
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Act No. 68/1996
2. Commencement
(1) Parts 1, 3, 4, 6 and 7 come into operation on the
day on which this Act receives the Royal Assent.(2) Part 5 is deemed to have come into operation on 16 May 1995.
(3) Part 2 comes into operation on 31 December
1996.
_______________
Health Acts (Further Amendment) Act 1996
s. 3
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PART 2—CANCER ACT 1958
No. 6213.
3. Principal Act
Reprinted to
No. 23/1989
| and | In this Part, the Cancer Act 1958 is called the |
| subsequently | Principal Act. |
| amended by No. 23/1994. |
4. Amendment of section 10
(1) In section 10(1) of the Principal Act, for "October"
substitute "April".
(2) In section 10(2)(b)(ii) of the Principal Act, for "twelve months" substitute "financial year".
(3) After section 10(3) of the Principal Act insert—
"(4) For the purposes of this Act and the
Financial Management Act 1994, the
financial year of the council is the period 1January to 31 December.".
5. Amendment of section 11(2)
In section 11(2) of the Principal Act omit "together with the full account of the receipts and expenditure and of the funds investments and properties of the council and the audited balance- sheet submitted to the council at such annual meeting".
6. Section 11A inserted
After section 11 of the Principal Act insert—
"11A. Section 11 report additional to Financial
Management Act
The general report required to be prepared under this Act and tabled in accordance with section 11 is in addition to any report or financial statement required under the Financial Management Act 1994.".
Health Acts (Further Amendment) Act 1996
s. 7
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7. Statute law revision
In section 16(2)(b) of the Principal Act, for "and the nomination" substitute "on the nomination".
_______________
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s. 8
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PART 3—DRUGS, POISONS AND CONTROLLED
SUBSTANCES ACT 1981
No. 9719.
8. Principal Act
Reprinted to
No. 52/1994
| and | In this Part, the Drugs, Poisons and Controlled |
| subsequently | Substances Act 1981 is called the Principal Act. |
| amended by No. 66/1995. |
9. Amendment of definition
In section 4(1) of the Principal Act, in the definition of "Poisons Code" for "and in force for the time being" substitute "or substituted and in force from time to time".
10. Amendment of section 12E
(1) In section 12E of the Principal Act, after sub- section (1) insert—
"(1A) To ensure consistency with the
Commonwealth standard, the Minister may
at any time—
(a) amend the Poisons Code; or
(b)
revoke and substitute the Poisons Code.".
(2) In section 12E(2) of the Principal Act, after
"amendment to" insert "or revocation and
substitution of".
11. Section 12F(3) repealed
Section 12F(3) of the Principal Act is repealed.
12. Amendment of section 12I
In section 12I(2)(a) of the Principal Act, for "and in force for the time being" substitute "or substituted and in force from time to time".
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13. Amendments to the Poisons Advisory Committee
For sections 15 to 17 of the Principal Act substitute—
"15. Establishment and membership of Poisons Advisory Committee
(1) There is established a committee to be called the "Poisons Advisory Committee".
(2) The Committee consists of up to 9 members appointed by the Minister of whom—
(a) one is to be the Chief General Manager or his or her nominee who is also to be the chairperson; (b) 2 are to be registered medical practitioners of whom— (i) one must have expertise in clinical pharmacology; and
(ii) one must have expertise in the treatment of drug dependence;
(c) 2 are to be pharmacists of whom—
(i) one must have expertise in community pharmacy; and
(ii) one must have expertise in hospital pharmacy;
(d)
2 are to be persons with expertise in the pharmaceutical industry of whom—
(i) one is to be from the industry; and
(ii) one is to be from the wholesaling sector of that industry;
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(e)
one is to be a person with expertise in the manufacturing and distribution of poisons for non-therapeutic use;
(f)
one is to be the nominee of the Chief Commissioner of Police.
(3) If the Chief Commissioner of Police fails to
within 1 month of receiving a request in
writing from the Minister to do so, thenominate a person under sub-section (2)(f) considers suitable to that office.
15A. Terms and conditions of appointment
(1) A member of the Committee holds office for a period not exceeding 3 years and is eligible for reappointment.
(2) The instrument of appointment of a member
of the Committee may specify terms and
conditions of appointment.
(3) A member of the Committee, other than a
member who is an officer or employee of the public service, is entitled to receive the fees, travelling and other allowances from time to time fixed by the Minister in respect of that member.
(4) The Public Sector Management Act 1992 (except Part 9 or in accordance with Part 8) does not apply to a member of the
Committee in respect of the office of member.
15B. Resignation and removal
(1) A member of the Committee may resign that
office by writing signed by the member and
addressed to the Minister.
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(2) The Minister may at any time remove a
member of the Committee from office.
15C. Vacancies
(1) The Minister may fill a vacancy in the office
of member of the Committee however
arising.
(2) An act or decision of the Committee is not invalid only because of—
(a) a vacancy in its membership; or
(b)
a defect or irregularity in the appointment of any of its members.
15D. Quorum and proceedings
(1) A quorum of the Committee consists of at
least 5 members other than co-opted
members of the Committee.
(2) The chairperson must preside at a meeting of
the Committee at which he or she is present.(3) If the chairperson is not present at a meeting, the members present may elect a member to preside at the meeting.
(4) The person presiding at a meeting has a
deliberative vote and, in the case of an
equality of votes, a second or casting vote.
(5) The Committee must meet at least 3 times each year at the places and times appointed by the Minister or the chairperson.
(6) Subject to this Act, the Committee may regulate its own proceedings.
15E. Co-opted members
(1) To assist in the consideration of a particular
matter or issue, the Committee may co-opt any person as a member of the Committee.
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(2) A person co-opted under this section—
(a)
may only attend meetings relating to and vote on the matters or issues in relation to which he or she is co-opted; and
(b)
may be removed at any time by the Committee.
(3) A person co-opted as a member of the
Committee other than a person who is an officer or employee of the public service, is entitled to receive the fees, travelling and other allowances from time to time fixed by the Minister.
16. Sub-committees
(1) The Committee may establish any sub-
committees that it thinks necessary for the
purposes of this Act.
(2) The Committee may co-opt any person with
expertise in any relevant field for the
purposes of a sub-committee.
(3) A person co-opted under this section—
(a) may only attend meetings relating to and vote on the matters or issues in relation to which he or she is co-opted; and (b) may be removed at any time by the Committee. (4) A person co-opted to a sub-committee other than a person who is an officer or employee of the public service, is entitled to receive the
fees, travelling and other allowances from
time to time fixed by the Minister.
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17. Functions of the Committee
(1) The functions of the Committee are—
(a) to advise the Minister and the Chief General Manager, having regard to the interests of protecting and promoting public health, on— (i) the availability and presentation of drugs and poisons; and
(ii) responses to issues relating to drugs and poisons; and
(b) General Manager on any matter referred
to advise the Minister or the Chief Chief General Manager, as the case may be.
(2) The Committee must consult with a nominee
of the Minister administering the
Agricultural and Veterinary Chemicals
(Control of Use) Act 1992 on any issue
relating to agricultural and veterinary
chemicals.".
14. Section 18 amended
In section 18 of the Principal Act, for "Public Service Act 1974" substitute "Public Sector Management Act 1992".
15. Statute law revision
In section 133A of the Principal Act—
(a) in sub-section (1), for "Subordinate "Subordinate Legislation Act 1994"; and
(b)
in sub-section (2), for "section 6(2) of the Subordinate Legislation Act 1962"
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substitute "section 23 of the Subordinate
Legislation Act 1994"; and
(c) in sub-section (3), for "Subordinate "Subordinate Legislation Act 1994".
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PART 4—PHARMACISTS ACT 1974
No. 8593.
16. Persons who may and may not own pharmacies
Reprinted to
23/1994.
(1) For section 21(4) of the Pharmacists Act 1974 substitute—
"(4) Nothing in this section or section 33(1)(a) to (c) of this Act applies to a registered society within the meaning of the Friendly Societies
Act 1986 while the society is acting in accordance with the provisions of that Act.".
(2) Before section 21(6) of the Pharmacists Act 1974
insert—
"(5) Nothing in this section or section 33(1)(a) of this Act applies to a registered funded agency within the meaning of the Health Services
Act 1988 while it is acting in accordance
with the provisions of the Health ServicesAct 1988 and this Act.".
_______________
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PART 5—CEMETERIES ACT 1958
No. 6217.
17. Statute law revision
Reprinted to
21/1995.
Before section 2 of the Cemeteries Act 1958, insert—
"1. Short title
This Act may be cited as the Cemeteries Act
1958.".
_______________
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s. 18
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PART 6—HEALTH SERVICES ACT 1988
No. 49/1988.
18. Principal Act
Reprinted to No. 63/1995
In this Part, the Health Services Act 1988 is and G.G. called the Principal Act.
17.8.1995 and subsequently
amended by No. 99/1995
and S.G. (No.
108)31.10.1995,
G.G.21.12.1995,
G.G.
29.2.1996,S.G. (No. 56)
23.5.1996,G.G.
20.6.1996,G.G.
27.6.1996, andG.G. 26.9.96.
19. Amendment of definitions
In section 3 of the Principal Act—
(a) in the definition of "authorised officer", for "Part 7" substitute "this Act"; (b) in the definition of "designated public hospital" after "public hospital" insert "or privately-operated hospital"; (c) in the definition of "private hospital", after "made" insert "and includes a privately- operated hospital"; (d) after the definition of "private hospital" insert— ' "privately-operated hospital" means—
(a)
a hospital within the meaning of Part 3A listed in Schedule 4; or
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(b)
premises occupied by such a hospital listed in Schedule 4—
as the case requires;'.
20. Designated public hospital
(1) In section 7(1) of the Principal Act, after "public
hospital" (where first, secondly and fourthly
occurring) insert "or privately-operated hospital".
(2) In section 7(2) of the Principal Act, after "public
hospital" (where first and secondly occurring)
insert "or privately-operated hospital".
(3) In section 7 of the Principal Act, after sub-section
(2) insert—
"(3) If a privately-operated hospital or any part of a privately-operated hospital is declared to be a designated public hospital, section 106
applies to that hospital or part only to the
extent to which it provides health services topublic hospital patients.".
21. Amendment of Schedules
In section 8 of the Principal Act, after sub-section
(2) insert—
"(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.".
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22. Medicare Principles and Commitments
In section 17AA of the Principal Act, after sub- section (4) insert—
"(5) In this Part, a reference to public hospital
services includes a reference to services
provided to public hospital patients by
privately-operated hospitals.".
23. New section 17AB inserted
In Division 1 of Part 3 of the Principal Act, before section 17A insert—
'17AB. Definition
In this Division, "agency" does not include a privately-operated hospital.'.
24. Case mix funding
(1) In section 18A of the Principal Act, before "In"
insert "(1)".
(2) In section 18A of the Principal Act, at the end of the section insert—
'(2) In this Division, "public hospital" includes 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 publichospital patients in such a hospital.'.
25. Application of Division 2 of Part 3
In section 19 of the Principal Act, at the end of paragraph (b) insert—
"; or
(c) a privately-operated hospital.".
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26. Payment of remuneration
In section 34 of the Principal Act, for sub-section
(2) substitute—
"(2) A member of a board is entitled to be paid—
(a)
expenses incurred in holding office as a member of the board; and
(b)
such remuneration as is specified in the instrument of appointment.
(3) Despite sub-section (2)(b), a member of a
board who is also a member of the Legislative Assembly is not entitled to be paid remuneration as a member of the board.".
27. New Division 7 inserted in Part 3 of Principal Act
In Part 3 of the Principal Act, after Division 6 insert—
'Division 7—Transitional Management
Agreements
52. Definitions
In this Division—
"administrator", in relation to a public hospital, means the administrator appointed under section 55(3);
"manager" means a party to an agreement with the Minister under section 53(1), other than the public hospital that is the
subject of that agreement.
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53. Minister may enter into transitional management agreements
(1) The Minister may, for and on behalf of the Crown, enter into an agreement with a person or body and a specified public hospital for the management by that person
or body of that public hospital.
(2) The Minister may only enter into an
agreement under sub-section (1) in relation to a public hospital providing services that are to be replaced by services to be provided
by a privately-operated hospital in
accordance with an agreement previously
entered into by the Minister under section
69B(1) or being then entered into by him orher.
(3) The Minister must obtain the written
approval of the Treasurer before entering into an agreement under sub-section (1).
(4) Nothing in this section—
(a)
limits, or takes away, any other power of the Minister, whether under this or any other Act or otherwise, to enter into
agreements for the provision of health
services; or(b)
limits, or takes away, any power of the Chief General Manager under this Act to enter into health service agreements.
54. Matters to be included in agreement
(1) An agreement under section 53(1) may—
(a)
provide for the management and operation of the hospital;
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(b) provide for the maintenance and repair of the hospital; (c) provide for the services to be provided by the manager to hospital patients; (d) provide for the fees, costs and charges to be paid to the manager; (e) provide for objectives and performance operations under the agreement;
(f) manager, as specified in the agreement,
with a body representative of
community views identified, orprovide for consultation by the specified, in the agreement;
(g)
provide for the submission of periodic reports in relation to the manager's operations under the agreement;
(h)
provide for the extent of indemnities by parties to the agreement;
(i) deal with financial arrangements;
(j) specify liabilities, risks and insurances;
(k)
deal with the handover to the privately- operated hospital that is to replace the hospital as a service provider;
(l)
leave any matter to be determined, approved or dispensed with by a specified person or body;
(m)
provide for the assignment to the Minister, the Crown or any other person of any right or interest;
(n)
provide for the creation of any security over property;
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(o) provide for the Minister to delegate agreement;
(p) provide for sub-contracting;
(q) obligations under the agreement in
provide for the suspension of obligation referred to in paragraph (h);
(r) provide for the Minister, the Crown or any other person or body to take over, or nominate any other person or body to take over, rights or obligations under the agreement or any other agreement or under any transaction;
(s)
provide for rights of access to the hospital;
(t)
contain any other provisions that are not inconsistent with this Act or the regulations.
55. Appointment of administrator
(1) If the Minister proposes to enter into an
agreement under section 53(1) with respect
to a public hospital, the Minister may appoint
an administrator to enter into the agreement
for and on behalf of the public hospital.
(2) A public hospital is bound by an agreement entered into by an administrator for and on its behalf in accordance with sub-section (1)
to the same extent as if it had been entered into by the public hospital under its official seal.
(3) If an agreement is entered into under section
53(1) with respect to a public hospital, the
Minister must before the coming into effect
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of that agreement appoint an administrator of
the hospital for the period and subject to the
terms and conditions specified in theinstrument of appointment.
(4) An administrator appointed under sub-
section (3) may be the same person as was appointed administrator under sub-section (1) in relation to the public hospital or may be a different person.
56. Consequences of agreement
(1) On the coming into effect of an agreement under section 53(1)—
(a) the members of the board of management of the public hospital that is the subject of the agreement cease to hold office; and (b) except as otherwise provided by the agreement, the administrator has and may exercise all the powers and is subject to all the duties of the board of the hospital under, and comprises that board for the purposes of, this Act and the by-laws; and
(c) sections 33(3) to (10), 34 and 35 cease to apply in relation to the board of that hospital and continue not to so apply during the period of appointment of the
administrator.
(2) Despite anything to the contrary in Division 8 of Part 3, that Division does not apply to a public hospital that is the subject of an
agreement under section 53(1) while the
agreement continues in force.(3) A public hospital continues to be the same body after as before the coming into effect of
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an agreement under section 53(1) with
respect to it.
57. Right of intervention in management
(1) The Minister may intervene in the
management of a hospital that is the subject of an agreement under section 53(1) if he or she considers that it is necessary to do so for the protection of the health or safety of
patients receiving or requiring services at the
hospital.(2) If the Minister intervenes in the management
of a hospital, he or she may appoint the
administrator appointed under section 55(3)
to manage the hospital until the Minister
determines that the health or safety of
patients receiving or requiring services at the
hospital no longer requires the administrator
to manage the hospital.
(3) If an administrator is appointed under sub-
section (2), then for the period of that
appointment—
(a)
the manager must act in relation to the management or operation of the hospital in accordance with the directions of the administrator; or
(b)
the manager must as directed by the administrator, cease to act in relation to the management or operation of the hospital completely or to the extent specified in the direction.
Penalty: 50 penalty units.
(4) A person engaged or employed by the
manager to act in relation to the management
or operation of the hospital must comply
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with the directions of the administrator in
doing so.
Penalty: 50 penalty units.
(5) An administrator appointed under sub-
section (2) has and may carry out or exercise
for the period of the appointment all of the
functions or powers of the manager, in
relation to the management or operation of
the hospital, under this Act or the regulations
or the agreement under section 53(1).
(6) Without limiting sub-section (5), the
administrator has power to do anything
necessary for the protection of the health or
safety of patients receiving or requiringhealth services at the hospital.
(7) The Chief General Manager must provide the
administrator with any assistance necessary to the carrying out of his or her functions or exercise of his or her powers under this
section.
(8) Nothing in this section limits, or takes away, any function or power conferred on a person (including a person on whom a function or
power is conferred by this section), whether
under this or any other Act or otherwiseincluding the agreement under section 53(1).
57A. Re-establishment of board of management
(1) Members may again be appointed in
accordance with Division 4 to a board of
management of the public hospital that is the
subject of an agreement under section 53(1)
if the agreement is terminated or the
obligations of the manager under the
agreement are suspended.
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(2) On the re-establishment under sub-section
(1) of the board of management, the
appointment of the administrator is revoked.
(3) Nothing in sub-section (2) limits, or takes
section 41 of the Interpretation of
away, any power of the Minister under appointment of the administrator.
57B. Closure
The public hospital that is the subject of an agreement under section 53(1) may be closed in accordance with section 62 on the termination or expiry of the agreement.'.
28. New Part 3A inserted in Principal Act
In the Principal Act, after Part 3 insert—
'PART 3A—PUBLIC HOSPITAL PATIENT SERVICES AGREEMENTS
Division 1—Definitions
69A. Definitions
In this Part—
"contractor" means a party to an agreement
with the Minister under section 69B(1);"hospital" means any premises where
persons are provided with or offered
health services as public hospital
patients in accordance with an
agreement with the Minister under
section 69B(1);
"sub-contractor" means a sub-contractor of a contractor or of a sub-contractor.
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Division 2—Agreements
69B. Minister may enter into public hospital patient services agreements
(1) The Minister may, for and on behalf of the
Crown—
(a) or body for the provision by that person
or body of health services to public
hospital patients from premises which,
under the agreement, will be required toenter into an agreement with a person or
(b) or body which is ancillary to an
agreement entered into under paragraph
(a), including an agreement with any
person or body providing financial
accommodation (within the meaning of
the Borrowing and Investmententer into an agreement with a person respect of an agreement entered into under paragraph (a).
(2) The Minister must obtain the written
approval of the Treasurer before entering into an agreement under sub-section (1).
(3) Nothing in this section—
(a)
limits, or takes away, any other power of the Minister, whether under this or any other Act or otherwise, to enter into
agreements for the provision of health
services; or(b)
limits, or takes away, any power of the Chief General Manager under this Act to enter into health service agreements.
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69C. Matters that may be included in agreement
(1) An agreement under section 69B(1)(a) may provide for—
(a) the design, construction,
commissioning and ownership of the
hospital;(b) the management and operation of the hospital; (c) the maintenance and repair of the hospital; (d) the services to be provided by the contractor to public hospital patients; (e) the fees, costs and charges to be paid to the contractor; (f) objectives and performance standards in services;
(g) specified in the agreement, with a body
representative of community viewsconsultation by the contractor, as the manner specified, in the agreement;
(h) the submission of periodic reports in relation to the contractor's operations under the agreement; (i) the extent of indemnities by parties to the agreement;
(j) the principal officer for the purposes of
the application of the Freedom of
Information Act 1982 to the contractorthe office the holder of which is to be public hospital patients;
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(k)
the office the holder of which is to be the principal officer for the purposes of the application of the Ombudsman Act 1973 to the contractor as a provider of health services to public hospital patients.
(2) An agreement under section 69B(1),
including an agreement under section
69B(1)(a), may contain—
(a) a provision dealing with financial arrangements; (b) a provision specifying liabilities, risks and insurances; (c) a provision leaving any matter to be determined, approved or dispensed with by a specified person or body; (d) a provision providing for the assignment to the Minister, the Crown or any other person of any right or interest; (e) a provision providing for the creation of any security over property; (f) a provision providing for the Minister to delegate powers and functions under the agreement; (g) a provision providing for sub-
contracting;(h) a provision requiring the provision by the contractor of a performance bond; (i) suspension of obligations under the
agreement in specified circumstances,a provision providing for the sub-section (1)(i), (j) and (k);
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Act No. 68/1996
(j) a provision providing for—
(i) the Minister, the Crown or any other person or body to take over, or nominate any other person or body to take over, rights or obligations under the agreement or any other agreement or under any transaction;
(ii) Minister, the Crown or any other
person or body in thethe transfer of land to the agreement;
(k)
a provision providing for rights of access to the hospital;
(l)
any other provisions that are not inconsistent with this Act or the regulations.
69D. Agreement to run with land
(1) An agreement entered into under section
covenants to transfer that land to the
69B(1) under which the owner of land body in the circumstances set out in the agreement must be under seal and must bind the owner of the land to those covenants. (2) Sections 181, 182 and 183 of the Planning
and Environment Act 1987 apply to that
agreement as if a reference in those sections
to the responsible authority were a reference
to the transferee of the land.
(3) Land which is transferred to the Minister or the Crown in accordance with an agreement under section 69B(1) is deemed to be
unalienated land of the Crown freed and
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Act No. 68/1996
discharged from all trusts, limitations,
reservations, restrictions, encumbrances,
estates and interests.(4) No compensation is payable by the Crown in respect of the transfer of land to the Minister or the Crown in accordance with an
agreement under section 69B(1) except
compensation (if any) which is expresslyprovided for in that agreement.
69E. Rights of access
(1) A contractor or sub-contractor must give the Minister, the Chief General Manager and any authorised officer free and unfettered access
at all times, together with any assistants and
equipment that the Minister, the Chief
General Manager or authorised officerconsiders necessary—
(a) to the hospital; and
(b) to all public hospital patients receiving health services at the hospital; and (c) the contractor or sub-contractor relating
to all documents in the possession of public hospital patients at the hospital—
for the purpose of ensuring compliance with this Act or the regulations or the agreement under section 69B(1).
Penalty: 50 penalty units.
(2) A contractor or sub-contractor must give an
administrator appointed under section 69F
free and unfettered access at all times,
together with any assistants and equipment
that the administrator considers necessary—
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s. 28
Act No. 68/1996
(a) to the hospital; and
(b) to all public hospital patients receiving health services at the hospital; and (c) the contractor or sub-contractor relating
to all documents in the possession of public hospital patients at the hospital—
for the purpose of enabling the administrator to carry out his or her functions and exercise his or her powers under that section.
Penalty: 50 penalty units.
(3) Nothing in this section limits, or takes away, any function or power conferred on a person (including a person on whom a function or
power is conferred by this section), whether
under this or any other Act or otherwise
including the agreement under section69B(1).
69F. Right of intervention in management
(1) The Minister may intervene in the
management of a hospital if he or she
considers that it is necessary to do so for the
protection of the health or safety of public
hospital patients receiving or requiringservices at the hospital.
(2) If the Minister intervenes in the management of public hospital patients receiving or requiring services at the hospital no longer requires the appointment of an administrator. of a hospital, he or she may appoint an
administrator to manage the hospital until the
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Act No. 68/1996
(3) If an administrator is appointed under sub-
section (2), then for the period of that
appointment—
(a)
the contractor or a sub-contractor must act in relation to the management or operation of the hospital in accordance with the directions of the administrator; or
(b)
the contractor or a sub-contractor must as directed by the administrator, cease to act in relation to the management or operation of the hospital completely or to the extent specified in the direction.
Penalty: 50 penalty units.
(4) A person engaged or employed by the contractor or a sub-contractor to act in relation to the management or operation of
the hospital must comply with the directions
of the administrator in doing so.
Penalty: 50 penalty units.
(5) An administrator appointed under sub-
section (2) has and may carry out or exercise
for the period of the appointment all of the
functions or powers of the contractor or any
sub-contractor, in relation to the management
or operation of the hospital, under this Act or
the regulations or the agreement under
section 69B(1).
(6) Without limiting sub-section (5), the
administrator has power to do anything
necessary for the protection of the health or
safety of public hospital patients receiving or
requiring health services at the hospital in
accordance with the agreement under section
69B(1).
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s. 28
Act No. 68/1996
(7) The Chief General Manager must provide the
administrator with any assistance necessary to the carrying out of his or her functions or exercise of his or her powers under this
section.
(8) Nothing in this section limits, or takes away, any function or power conferred on a person (including a person on whom a function or
power is conferred by this section), whether
under this or any other Act or otherwise
including the agreement under section69B(1).
69G. Application of FOI Act
(1) The Freedom of Information Act 1982
applies to a contractor or a sub-contractor in
its capacity as a provider of health services to
public hospital patients at the hospital in
accordance with an agreement under section
69B(1) or a sub-contract agreement as if—
(a)
the contractor or sub-contractor were an agency within the meaning of that Act; and
(b)
the holder of the office specified in the agreement under section 69B(1) or in the sub-contract agreement for the purposes of the application of the Freedom of Information Act 1982 were the principal officer of that agency; and
(c)
the Minister were the responsible Minister of that agency; and
(d)
the persons employed by the contractor or sub-contractor were officers of that agency.
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s. 28
Act No. 68/1996
(2) Nothing in this section applies the Freedom of Information Act 1982 to a contractor or sub-contractor—
(a)
in any capacity other than that mentioned in sub-section (1); or
(b)
with respect to any period during which health services were not actually being provided by the contractor or sub- contractor to public hospital patients at the hospital.
69H. Investigation of administrative actions
(1) The Ombudsman Act 1973 applies to a
contractor or a sub-contractor in its capacity
as a provider of health services to public
hospital patients at the hospital in accordance
with an agreement under section 69B(1) or a
sub-contract agreement as if—
(a) the contractor or sub-contractor were a meaning of that Act; and
(b) the holder of the office specified in the agreement under section 69B(1) or in the sub-contract agreement for the purposes of the application of the Ombudsman Act 1973 were the principal officer of that public statutory body; and (c) the persons employed by the contractor that public statutory body.
(2) Nothing in this section applies the
Ombudsman Act 1973 to a contractor or sub-contractor—
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s. 29
Act No. 68/1996
(a)
in any capacity other than that mentioned in sub-section (1); or
(b)
with respect to any period during which health services were not actually being provided by the contractor or sub- contractor to public hospital patients at the hospital.
69I. Application of Land Act
Section 137 of the Land Act 1958 does not apply to a proposed lease of Crown land for the purpose of a hospital.'.
29. Insertion of penalties
(1) In section 106 of the Principal Act—
(a) at the foot of sub-section (1) insert— "Penalty: 2 penalty units."; and
(b) at the foot of sub-section (2) insert— "Penalty: 2 penalty units.".
(2) In section 107 of the Principal Act, at the foot of that section insert—
"Penalty: 100 penalty units.".
30. Multi purpose services
In section 115A(1) of the Principal Act, after "115C(2)" insert "and that is not a privately- operated hospital".
31. New section 116A inserted
After section 116 insert—
'116A. Definition
In this Part, "resident", in relation to a privately-operated hospital that is a designated public hospital, means a public
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Act No. 68/1996
hospital patient who is a resident of that
hospital.'.
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32. Payment of fees
In section 138(1) of the Principal Act, for "or denominational hospital" substitute ", privately- operated hospital, denominational hospital".
33. Confidentiality
In section 141(3) of the Principal Act, after paragraph (e) insert—
"(ea) to the giving of information in accordance with an agreement under section 53(1) or 69B(1); or".
34. Section 152A inserted
After section 152 of the Principal Act insert—
"152A. Offences by bodies corporate etc
If a body corporate is guilty of an offence against this Act or the regulations made under this Act, any person who is concerned or takes part in the management of the body corporate who was in any way, by act or omission, directly or indirectly knowingly concerned in or party to the commission of the offence is also guilty of the offence.".
35. New section 157E inserted
After section 157D of the Principal Act insert—
"157E. Supreme Court—limitation of jurisdiction
It is the intention of section 69D(4) to alter or vary section 85 of the Constitution Act 1975.".
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Act No. 68/1996
36. New Schedule 4 inserted
After Schedule 3 to the Principal Act insert—
"SCHEDULE 4
PRIVATELY-OPERATED HOSPITALS.".
_______________
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s. 37
Act No. 68/1996
PART 7—MENTAL HEALTH ACT 1986
37. Amendment of definition
No. 59/1986.
In section 3 of the Mental Health Act 1986, in
Reprinted to
the definition of "private hospital", for "section No. 19/1996. 178(1) of the Health Act 1958" substitute "the
Health Services Act 1988".
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Health Acts (Further Amendment) Act 1996
Notes
Act No. 68/1996
NOTES
†
Minister's second reading speech—
Legislative Assembly: 17 October 1996
Legislative Council: 19 November 1996
The long title for the Bill for this Act was "to amend the Cancer Act 1958, the Drugs, Poisons and Controlled Substances Act 1981, the Pharmacists Act 1974, the Cemeteries Act 1958, the Health Services
Act 1988 and the Mental Health Act 1986 and for other purposes."
Constitution Act 1975:
Section 85(5) statement:
Legislative Assembly: 17 October 1996
Legislative Council: 19 November 1996
Absolute majorities:
Legislative Assembly: 13 November 1996 and 5 December 1996
Legislative Council: 4 December 1996
0
0
0