Untitled document
Health Services Legislation Amendment Act 2008
No. 79 of 2008
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY
1Purposes
2Commencement
PART 2—HEALTH SERVICES (CONCILIATION AND REVIEW) ACT 1987
3Definitions
4Term of appointment to the Health Services Review Council
5New section 36 inserted
36Transitional provision—term of appointment of
current Council members
PART 3—HEALTH SERVICES ACT 1988
6Definitions
7Rules of registered funded agencies
8Division 6 of Part 3 substituted
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
centre57CApplication for review by VCAT
57DRegister of registered community health centres
9Voluntary amalgamations
10Annual meetings
11Confidentiality
12Regulations
13New section 178B inserted
178BTransitional provisions—registered community
health centres
14Division 3 of Part 9 repealed
PART 4—CONSEQUENTIAL AMENDMENTS
15Ambulance Services Act 1986
16Duties Act 2000
17Health Professions Registration Act 2005
18Land Tax Act 2005
19Mental Health Act 1986
20Payroll Tax Act 2007
21Public Administration Act 2004
PART 5—REPEAL
22Repeal of amending Act
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ENDNOTES
Health Services Legislation Amendment Act 2008
No. 79 of 2008
[Assented to 11 December 2008]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1Purposes
The main purposes of this Act are—
(a)to amend the Health Services (Conciliation and Review) Act 1987 to enable the Minister to make appointments to the Health Services Review Council for terms not exceeding 3 years and to provide that members are not to serve for more than 9 consecutive years;
(b)to amend the Health Services Act 1988—
(i)to provide for the registration of certain companies limited by guarantee as registered community health centres; and
(ii)to enable annual general meetings of multi purpose services to be held any time in the second half of each year;
(c)to make various consequential amendments to several other Acts.
2Commencement
(1)This Act (other than sections 6, 7, 8, 9, 11, 12, 13 and 14 and Part 4) comes into operation on the day after the day on which it receives the Royal Assent.
(2)Subject to subsection (3), sections 6, 7, 8, 9, 11, 12, 13 and 14 and Part 4 come into operation on a day to be proclaimed.
(3)If sections 6, 7, 8, 9, 11, 12, 13 and 14 and Part 4 do not come into operation before 1 July 2009, they come into operation on that day.
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PART 2—HEALTH SERVICES (CONCILIATION AND REVIEW) ACT 1987
3Definitions
In section 3(1) of the Health Services (Conciliation and Review) Act 1987, in paragraph (f) of the definition of provider, for "community" substitute "registered community".
4Term of appointment to the Health Services Review Council
For section 12(6) of the Health Services (Conciliation and Review) Act 1987 substitute—
"(6)A member of the Council holds office for the term, not exceeding 3 years, specified in the member's instrument of appointment and is eligible for reappointment.
(6A)A member of the Council must not serve more than 9 consecutive years as a member.".
5New section 36 inserted
After section 35 of the Health Services (Conciliation and Review) Act 1987 insert—
"36 Transitional provision—term of appointment of current Council members
Despite section 12(6A), a member of the Council appointed under section 12(2) before the commencement of section 4 of the Health Services Amendment Act 2008 continues to hold office for the term specified in the instrument of appointment whether or not the person at the end of that term will have served for more than 9 consecutive years as a member of the Council.".
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PART 3—HEALTH SERVICES ACT 1988
6Definitions
(1)In section 3(1) of the Health Services Act 1988—
(a)the definition of community health centre is repealed;
(b)insert the following definition—
"registered community health centre means a community health centre registered under Division 6 of Part 3;";
(c)in the definition of registered funded agency, paragraph (c) is repealed.
(2)In section 17AB of the Health Services Act 1988, after "includes" insert "any registered community health centre and".
(3)After section 19(b) of the Health Services Act 1988 insert—
"(ba)a registered community health centre; or".
7Rules of registered funded agencies
In section 24(2)(g) of the Health Services Act 1988, for "a community health centre or other" substitute "an".
8Division 6 of Part 3 substituted
For Division 6 of Part 3 of the Health Services Act 1988 substitute—
"Division 6—Registered community health centres
45Application for registration
(1)A company limited by guarantee may apply to the Secretary for registration as a registered community health centre.
(2)An application must include the following—
(a)the name by which the applicant is incorporated and its Australian Company Number; and
(b)the date of the applicant's incorporation; and
(c)the address of the registered office of the applicant; and
(d)the name and address of each member of the applicant's board of directors; and
(e)the date on which each member of the applicant's board of directors was appointed; and
(f)details of all assets held by the applicant including the capacity in which they are held.
(3)An application must be accompanied by—
(a)a copy of the applicant's current constitution; and
(b)a copy of the applicant's current objects or statement of purposes and the date on which they were approved by its board of directors; and
(c)a declaration that the applicant has complied with all applicable financial and other reporting requirements of the Act under which it was incorporated in relation to the year immediately before making the application; and
(d)a declaration that the applicant has complied with any taxation reporting requirements of the Australian Taxation Office applicable to the applicant.
46Further information
(1)The Secretary may require an applicant to provide any further information that the Secretary considers appropriate to an application by that applicant.
(2)The Secretary may refuse an application for registration if the applicant does not provide the further information required within a reasonable time after the requirement is made.
47Registration criteria
(1)In determining an application for registration, the Secretary must have regard to whether the applicant—
(a)is able to provide by suitably qualified health professionals or social workers at least one community health service; and
(b)has links with the local community to which it provides, or will provide, at least one community health service demonstrated, for example, by—
(i)a member of the local community being a member of the applicant's board of directors; or
(ii)a partnership between the applicant and another local agency; or
(iii)having the capacity to meet the specific health needs of certain classes of persons living in the local community; and
(c)has appropriate governance and governance policies; and
(d)is able to meet the performance standards determined under section 51.
(2)In this section, a community health service includes, but is not limited to—
(a)a medical service; or
(b)a dental service; or
(c)an allied health service; or
(d)a community health nursing service; or
(e)a health promotion and illness prevention program.
48Registration
(1)The Secretary may register an applicant if the Secretary is satisfied that—
(a)the application complies with this Division; and
(b)registration is appropriate, having regard to the registration criteria set out in section 47 and any other relevant matter.
(2)Registration of a community health centre remains current until it is—
(a)revoked under section 55(b); or
(b)cancelled under section 57B.
49Conditions on registration
The Secretary may impose any conditions on the registration of a community health centre that the Secretary considers appropriate.
50Refusal of registration
(1)If the Secretary is not satisfied that the registration criteria set out in section 47 have been met, the Secretary may refuse to register the applicant as a registered community health centre.
(2)The Secretary must give the applicant a written statement of the reasons for the decision to refuse to register it as a registered community health centre.
(3)A statement of reasons must be given to the applicant within 28 days after the Secretary refuses to register the applicant as a registered community health centre.
51Minister may determine performance standards
(1)The Minister may, from time to time, determine performance standards to be met by registered community health centres.
(2)The Minister must ensure that each performance standard is published in the Government Gazette.
(3)A performance standard takes effect—
(a)on the day that is 30 days after the day on which the performance standard is published in the Government Gazette; or
(b)if a later day is specified in the determination under subsection (1), on that later day.
(4)The Minister may amend or revoke a performance standard by determination published in the Government Gazette.
(5)An amendment or revocation of a performance standard takes effect—
(a)on the day that is 30 days after the day on which the determination under subsection (4) is published in the Government Gazette; or
(b)if a later day is specified in the determination, on that later day.
52Subject matter of performance standards
Performance standards may be made in respect of any matter relating to the operation of registered community health centres including, but not limited to—
(a)governance; or
(b)management; or
(c)financial management; or
(d)risk management; or
(e)quality accreditation and service delivery.
53Community health centre to comply with performance standards
A registered community health centre must comply with the performance standards determined by the Minister.
54Secretary may give directions
(1)This section applies if the Secretary is of the opinion that a registered community health centre has—
(a)breached a term or condition of any agreement for public funding of the provision of a community health service by the centre; or
(b)failed to meet a performance standard; or
(c)failed to comply with a condition of registration; or
(d)failed to continue to meet the registration criteria set out in section 47.
(2)The Secretary, by notice in writing, may direct the registered community health centre within the period specified in the notice—
(a)to remedy the breach of the term or condition of the agreement for public funding of the provision of a community health service; or
(b)to meet the performance standard; or
(c)to comply with the condition of registration; or
(d)to meet the registration criteria.
55What happens if a registered community health centre fails to comply with the Secretary's direction?
If the Secretary is of the opinion that a registered community health centre has failed to comply with the Secretary's direction under section 54, the Secretary may—
(a)stop payments made under any agreement for public funding of provision of a community health service until the centre complies with the agreement;
(b)revoke the registration of the community health centre in accordance with section 56.
56Secretary may revoke registration
(1)The Secretary must not revoke the registration of a registered community health centre under section 55(b) unless the Secretary—
(a)has given notice in writing to the centre in accordance with subsection (2); and
(b)has considered any submission made by the centre as to why its registration should not be revoked.
(2)The notice under subsection (1) must specify that—
(a)the Secretary intends to revoke the registered community health centre's registration and include the reasons for doing so; and
(b)the registered community health centre may make a submission in writing to the Secretary within 14 days after the notice is given.
(3)If the Secretary decides to revoke the registered community health centre's registration after considering any submission made by the centre, the Secretary must give the centre a second written notice stating that the registration is revoked on the date specified in the second written notice.
57Displacement of other laws—appointment of administrator
This section and section 57A are declared to be Corporations legislation displacement provisions for the purposes of section 5G of the Corporations Act in relation to the provisions of Chapter 5 of that Act.
Note
Section 5G of the Corporations Act provides that if a State law declares a provision of a State law to be a Corporations legislation displacement provision for the purposes of that section, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not operate to the extent necessary to avoid the inconsistency.
57AAppointment of administrator
(1)This section applies if the Minister is of the opinion that a registered community health centre—
(a)is inefficiently or incompetently managed; or
(b)has breached a term or condition of any agreement for public funding of the provision of a community health service by the centre; or
(c)has failed to meet a performance standard; or
(d)has failed to comply with a condition of registration; or
(e)has failed to continue to meet the registration criteria; or
(f)has failed to comply with a direction given by the Secretary under section 54.
(2)The Governor in Council may, on the recommendation of the Minister, by Order published in the Government Gazette, appoint a person as administrator of a company that is the registered community health centre in relation to its provision of at least one community health service.
(3)The Minister must not make a recommendation under subsection (2) unless the Minister has given reasonable notice in the circumstances to the registered community health centre specifying in writing—
(a)the ground on which the Minister intends to make a recommendation to appoint an administrator; and
(b)that the registered community health centre may apply in accordance with section 57C for review of the Minister's decision to make a recommendation to appoint an administrator.
(4)An administrator appointed under this section is deemed to be the board of directors of the registered community health centre to the extent that the Minister considers it necessary for the purpose of the centre providing at least one community health service.
(5)On the day on which an administrator is appointed under this section in respect of the registered community health centre for the purpose of the centre providing at least one community health service, the members of the board of directors cease to constitute the board of directors to the extent that the administrator is deemed to be the board of directors.
(6)If an administrator is appointed in respect of part of the business of the company that is the registered community health centre, the administrator and the board of directors must ensure that there is in place a process for consultation and decision-making to enable the continuity of operation of the whole of the business of the company that is so registered.
(7)If an administrator appointed under this section recommends that an agreement for public funding of the registered community health centre (if any) should be terminated, the Secretary may terminate that agreement with immediate effect.
(8)The salary of the administrator and any expenses of the administrator necessarily incurred in an administration under this section are to be paid by the Secretary.
(9)The Governor in Council may, on the recommendation of the Minister, by Order published in the Government Gazette, extend the appointment of an administrator appointed under this section for a further period as is specified in the Order.
(10)The Governor in Council may, by Order published in the Government Gazette, declare that on the day specified in the Order—
(a)the board of directors is reinstated as the board of directors of the registered community health centre, or if its members ceased to hold office, is to be re‑established; and
(b)the administrator ceases to be the administrator appointed under this section.
57BCancellation of registration of community health centre
(1)A registered community health centre may apply in writing to the Secretary for the cancellation of its registration.
(2)If an application is made under
subsection (1), the Secretary must cancel the registration of the registered community health centre.
57CApplication for review by VCAT
(1)An applicant may apply to VCAT for a review of a decision by the Secretary to refuse an application for registration under section 50.
(2)A registered community health centre may apply to VCAT for a review of a decision by—
(a)the Secretary to revoke registration under section 55(b); or
(b)the Minister to recommend the appointment of an administrator under section 57A.
(3)An application for review must be made within 28 days after the later of—
(a)the day on which the decision is made; or
(b)if, under the Victorian Civil and Administrative Tribunal Act 1998, the registered community health centre requests a statement of reasons for the decision, the day on which the statement of reasons is given to the centre or the centre is informed under section 46(5) of that Act that a statement of reasons will not be given.
57DRegister of registered community health centres
(1)The Secretary must keep a register of registered community health centres.
(2)The Secretary must include the following in the register of registered community health centres in respect of each centre—
(a)the name of the registered community health centre; and
(b)the address of the registered community health centre; and
(c)contact information for the registered community health centre; and
(d)in relation to the company that is the registered community health centre—
(i)the name by which the company is incorporated and its Australian Company Number; and
(ii)the date of the company's incorporation; and
(iii)the address of the registered office of the company; and
(iv)the name and address of each member of the company's board of directors; and
(v)the date on which each member of the company's board of directors was appointed; and
(vi)a copy of the company's current constitution; and
(vii)a copy of the company's current objects or statement of purposes and the date of which they were approved by its board of directors.
(3)A registered community health centre must notify the Secretary in writing within 28 days if there is any change to the information recorded in the register of registered community health centres in respect of the centre or the company that is the registered community health centre.
(4)The Secretary must make available for public inspection during normal office hours the following information from the register in relation to each registered community health centre—
(a)the name of the registered community health centre; and
(b)the address of the registered community health centre; and
(c)contact information for the registered community health centre.".
9Voluntary amalgamations
(1)After section 64A(1) of the Health Services Act 1988 insert—
"(1A)The board of directors of a registered community health centre and the governing body of a registered funded agency (including a denominational hospital) may agree to amalgamate under this Division only if—
(a)the board and the governing body are authorised to do so by any Acts or other documents creating them and the amalgamation is made in accordance with those Acts or other documents; and
(b)apart from this Division, there is no law of the Commonwealth or the State under which they could amalgamate.".
(2)In section 64A(2) of the Health Services Act 1988, after "agencies" insert ", or the registered community health centre and the agency,".
10Annual meetings
In section 115H(1) of the Health Services Act 1988, for "October (or, if the Secretary in writing approves a later date, on or before that later date)" substitute "December".
11Confidentiality
(1)In section 141(1) of the Health Services Act 1988, in paragraph (e) of the definition of relevant health service, for "a community" substitute
"a registered community".
(2)In section 141(5)(a)(iii) of the Health Services Act 1988, for "a community" substitute "a registered community".
12Regulations
Sections 158(1)(oa), 158(2B) and 158(2C) of the Health Services Act 1988 are repealed.
13New section 178B inserted
After section 178A of the Health Services Act 1988 insert—
"178B Transitional provisions—registered community health centres
(1)A former body is deemed to be a registered community health centre for a period of 90 days on and from the commencement of section 8 of the Health Services Amendment Act 2008.
(2)Despite the substitution of Division 6 of Part 3 by section 8 of the Health Services Amendment Act 2008, any amount payable immediately before the commencement of that section by a former body as a result of or in connection with the provision to the former body of financial accommodation to which section 30(2) applied, continues to be guaranteed by the Government of Victoria under section 30(3).
(3)In this section, former body means a body that, immediately before the commencement of section 8 of the Health Services Amendment Act 2008, was a community health centre as defined in section 3 (as in force immediately before that commencement).".
14Division 3 of Part 9 repealed
Division 3 of Part 9 of the Health Services Act 1988 is repealed.
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PART 4—CONSEQUENTIAL AMENDMENTS
15Ambulance Services Act 1986
In section 10(4)(g) of the Ambulance Services Act 1986, after "hospitals and" insert "registered community health centres,".
16Duties Act 2000
(1)For section 45A(1)(b) of the Duties Act 2000 substitute—
"(b)a registered community health centre; or".
(2)In section 45A(3) of the Duties Act 2000—
(a)the definition of community health centre is repealed;
(b)in the definition of public hospital, for "1988." substitute "1988;";
(c)insert the following definition—
"registered community health centre means a community health centre registered under Division 6 of Part 3 of the Health Services Act 1988.".
17Health Professions Registration Act 2005
(1)In section 3(1) of the Health Professions Registration Act 2005, in the definition of pharmacy department—
(a)after "registered funded agency," insert "registered community health centre,";
(b)after "staff of the agency" insert ", registered community health centre".
(2)In section 102(1)(b) of the Health Professions Registration Act 2005, after "agency," insert "registered community health centre,".
18Land Tax Act 2005
(1)For section 74A(1)(b) of the Land Tax Act 2005 substitute—
"(b)a registered community health centre;".
(2)In section 74A(3) of the Land Tax Act 2005—
(a)the definition of community health centre is repealed;
(b)in the definition of public hospital, for "1988." substitute "1988;";
(c)insert the following definition—
"registered community health centre means a community health centre registered under Division 6 of Part 3 of the Health Services Act 1988.".
19Mental Health Act 1986
(1)In section 106(1) of the Mental Health Act 1986, in paragraph (f) of the definition of psychiatric service, for "community" substitute "registered community".
(2)In section 120A(1) of the Mental Health Act 1986, in paragraph (g) of the definition of relevant psychiatric service, for "community" substitute "registered community".
20Payroll Tax Act 2007
(1)For clause 17(1)(b) of Schedule 2 to the Payroll Tax Act 2007 substitute—
"(b)a registered community health centre;".
(2)In clause 17(2) of Schedule 2 to the Payroll Tax Act 2007—
(a)the definition of community health centre is repealed;
(b)in the definition of public hospital, for "1988." substitute "1988;";
(c)insert the following definition—
"registered community health centre means a community health centre registered under Division 6 of Part 3 of the Health Services Act 1988.".
21Public Administration Act 2004
In section 5(1)(g) of the Public Administration Act 2004, for "community" substitute "registered community".
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PART 5—REPEAL
22Repeal of amending Act
This Act is repealed on 1 July 2010.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984.
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ENDNOTES
Minister's second reading speech—
Legislative Assembly: 29 October 2008
Legislative Council: 3 December 2008
The long title for the Bill for this Act was "A Bill for an Act to amend the Health Services (Conciliation and Review) Act 1987 and the Health Services Act 1988 and for other purposes."
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