Untitled document
Health Services (Governance) Act 2000
Act No. 39/2000
TABLE OF PROVISIONS
Section Page
1. Purpose 1 2. Commencement 2 3. Principal Act 2 4. Definitions 2 5. Governor in Council may amend Schedule 5 3 6. Core objects 3 7. Directions of Secretary 4 8. New Division 9B inserted 4 Division 9B—Metropolitan health services 4
65P. Incorporation 4 65Q. Metropolitan health services do not represent Crown 5 65R. Objects of metropolitan health services 5 65S. Board of directors 5 65T. Directors 7 65U. Terms and conditions 8 65V. Removal and resignation 8 65W. Disclosure of interest 9 65X. Procedure of board 10 65Y. Immunity 10 65Z. Validity of acts or decisions 11
65ZA. Advisory committees 11 65ZB. Community advisory committee 11 65ZC. Primary care and population health advisory committee 12 65ZD. Guidelines of Secretary 13
65ZE. Procedure of advisory committees 13
65ZF. Strategic plans 13 65ZG. Annual meetings 14
9. Confidentiality 15 10. New section 157G inserted 16
157G. Supreme Court—limitation of jurisdiction 16
11. New Part 9 inserted 16
i
Section Page PART 9—TRANSITIONAL PROVISIONS RELATING TO
METROPOLITAN HEALTH SERVICES 16 Division 1—Preliminary 16
179. Definitions 16 180. Extra-territorial operation 16
Division 2—Establishment of metropolitan health services 17
181. Order establishing a metropolitan health service 17 182. Establishment of first board 18 183. Appointment of first chief executive officer 18 184. First by-laws of metropolitan health service 19 185. Limited period to make Orders 19
Division 3—Establishment of community health centres 19
186. Order establishing a community health centre 19 187. Establishment of first board of management 20 188. First rules of community health centre 21 189. Limited period to make orders 21
Division 4—Appointment of administrator 21
190. Appointment of administrator 21 191. Functions of administrator 22 192. Direction of Secretary 23 Division 5—Transfer of property, rights and liabilities of
metropolitan hospitals on cancellation of incorporation 23
193. Definitions 23 194. Cancellation of incorporation of metropolitan hospital 24 195. Transfer from metropolitan hospital to metropolitan health service 25 196. New metropolitan health service to be successor in law 25 197. Substitution of party to agreement 26 198. Old instruments 26 199. Proceedings 27 200. Interests in land 27 201. Amendment of Register 28 202. Taxes 28 203. Evidence 28 204. Transfer of hospital employees to new health service 29 205. Future terms and conditions of transferred employees 30 Division 6—Transfer of property, rights and liabilities before
cancellation of incorporation of metropolitan hospital 30
ii
Section Page
206. Definitions 30 207. Division to prevail 32 208. Transfer Order 32 209. Property rights and liabilities transferred to metropolitan health service or community health centre 33 210. Substitution of party to agreement 33 211. Proceedings 34 212. Interests in land 34 213. Old instruments 35 214. Trusts in respect of metropolitan hospitals existing on 31 July 1995 35 215. Trusts in respect of metropolitan hospitals created on or after 1 August 1995 36 216. Amendment of the Register 37 217. Taxes 38 218. Evidence 38 219. Staff transfer date 38 220. List of staff 39 221. Transfer of staff 39 222. Future terms and conditions of transferred employees 41 223. Abolition of metropolitan hospital 41 224. Effect of Order 42
Division 7—General 43
225. Validity of things done under this Part 43 226. Operation of provisions not subject to review 44 227. Application of property cy-pres not affected 44 228. Application to trusts whenever created 45 229. Saving of quality assurance bodies 45
12. New Schedule 5 inserted 46 13. Amendment of Mental Health Act 1986 46
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NOTES 47
iii
Victoria
No. 39 of 2000
Health Services (Governance) Act 2000†
[Assented to 6 June 2000]
The Parliament of Victoria enacts as follows:
1. Purpose
The main purpose of this Act is to amend the Health Services Act 1988 to facilitate the disaggregation of certain health care networks and the re-organisation of public health care agencies in the metropolitan area.
Health Services (Governance) Act 2000
| s. 2 | Act No. 39/2000 |
2. Commencement
(1) Subject to sub-section (2), this Act comes into
operation on a day to be proclaimed.
(2) If this Act does not come into operation before
1 July 2001, it comes into operation on that day.
3. Principal Act
| No. 49/1988. | In this Act, the Health Services Act 1988 is called the Principal Act. |
4. Definitions
(1) In section 3 of the Principal Act insert the
following definition—
' "metropolitan health service" means—
(a)
a metropolitan health service listed in Schedule 5; or
(b)
premises occupied by a metropolitan health service listed in Schedule 5—
as the case requires;'.
(2) In section 3 of the Principal Act in the definition
of "former agency"—
(a) after paragraph (a)(vii) insert—
"(viii) by force of section 195 of this Act; or"; (b) after paragraph (b) insert—
"or
(c)
a metropolitan hospital designated in an Order under section 215;".
(3) In section 3 of the Principal Act in the definition
of "public hospital"—
(a)
after paragraph (b) insert— "(ba) except in Division 4 of Part 3, a
metropolitan health service; or";
Health Services (Governance) Act 2000
Act No. 39/2000 s. 5
(b)
in paragraph (c) for "or by a metropolitan hospital" substitute ", by a metropolitan hospital or by a metropolitan health service".
(4) In section 3 of the Principal Act in the definition
of "successor agency" in paragraph (a) after
"former agency" insert "(whether for all purposes
or for the purposes of a trust in relation to aformer agency)".
(5) In section 3 of the Principal Act in the definition
of "trust"—
(a) in paragraph (a) after "amalgamated" insert "at any time"; (b) after paragraph (b) insert— "(ba) a body the incorporation of which is cancelled by force of section 195; or"; (c) after paragraph (c) insert—
"; or
(ca) a metropolitan hospital designated in an Order under section 215—".
5. Governor in Council may amend Schedule 5
After section 8(3) of the Principal Act insert—
"(4) The Governor in Council, by Order
published in the Government Gazette, may
amend Schedule 5 by—
(a)
adding the name of a metropolitan health service; or
(b)
removing the name of a metropolitan health service; or
(c)
amending the name of a metropolitan health service.".
6. Core objects
Health Services (Governance) Act 2000
Act No. 39/2000
After section 24(2) of the Principal Act insert—
"(2A) If the Secretary directs a metropolitan health service to amend or alter its core objects, the metropolitan health service must amend or
alter its core objects accordingly.".
7. Directions of Secretary
In section 42(1) of the Principal Act—
(a)
in paragraph (e) after "facilities" insert ", services, equipment or supplies";
(b)
in paragraph (f) for "or services" (where twice occurring) substitute ", services, equipment or supplies";
(c)
after paragraph (f) insert— "(fa) the extent to which and the conditions
on which a hospital is required to
obtain or purchase facilities, services,
equipment or supplies provided by
another hospital or another person orbody;".
8. New Division 9B inserted
After Division 9A of Part 3 of the Principal Act insert—
"Division 9B—Metropolitan health services
65P. Incorporation
Each metropolitan health service, by operation of this Act—
(a)
is a body corporate with perpetual succession; and
(b) shall have an official seal; and
(c)
may sue and be sued in its corporate name; and
Health Services (Governance) Act 2000
Act No. 39/2000 s. 8
(d) holding, selling, leasing, taking on
is capable of purchasing, taking, and personal property; and
(e)
is capable of doing and suffering all acts and things which bodies corporate may by law do or suffer.
65Q. Metropolitan health services do not
represent Crown
A metropolitan health service does not represent, and shall not be taken to be part of, the Crown.
65R. Objects of metropolitan health services
(1) Subject to section 184, the objects of a
metropolitan health service are the objects approved by the board of the metropolitan health service and the Secretary.
(2) Section 24 applies to the amendment or
alteration of the objects of a metropolitan
health service.
65S. Board of directors
(1) There shall be a board of directors of each metropolitan health service.
(2) The functions of the board of a metropolitan health service are—
(a)
to monitor the performance of the metropolitan health service;
(b)
to oversee the management of the metropolitan health service by the chief executive officer;
(c)
to monitor the performance of the chief executive officer of the metropolitan health service;
Health Services (Governance) Act 2000
| s. 8 | Act No. 39/2000 |
(d) to develop strategic plans for the service;
(e) to ensure accountable and efficient
provision of health services by the
metropolitan health service and theto develop plans, strategies and budgets metropolitan health service;
(f) to establish and maintain effective services provided meet the needs of the communities served by the metropolitan health service and that the views of users of health services are taken into account;
(g) to ensure effective and accountable systems are in place to monitor and improve the quality and effectiveness of health services provided by the
metropolitan health service;(h) with the quality and effectiveness of
health services are addressed in a
timely manner and that the
metropolitan health service strives toto ensure that any problems identified innovation;
(i) health care agencies and health service
providers to enable effective andto develop arrangements with other of care;
(j)
to establish the organisational structure, including the management structure, of the metropolitan health service;
Health Services (Governance) Act 2000
Act No. 39/2000 s. 8
(k) to appoint a person to fill a vacancy in the position of chief executive officer; (l) Audit Committee and a Quality
to establish a Finance Committee, an assist it in carrying out its functions;
(m) to facilitate health research and education; (n) any other functions conferred on the board by or under this Act. (3) The board of a metropolitan health service
has such powers as are necessary to enable it
to carry out its functions, including the
power, subject to section 24, to make, amend
or revoke by-laws.
65T. Directors
(1) The board of a metropolitan health service
shall consist of not less than 6 and not more than 9 persons appointed by the Governor in Council on the recommendation of the
Minister.
(2) The Governor in Council, on the
recommendation of the Minister, may
appoint one of the directors of the board tobe the chairperson of the board.
(3) In making a recommendation under this
section, the Minister must ensure that—
(a)
the board includes at least one person who is able to reflect the perspectives of users of health services; and
(b)
women and men are adequately represented.
Health Services (Governance) Act 2000
| s. 8 | Act No. 39/2000 |
(4) In considering a recommendation for the
purposes of sub-section (3)(a), the Minister
must give preference to a person—
(a)
who is not a registered provider within the meaning of the Health Services (Conciliation and Review) Act 1987; and
(b)
who is not currently or has not recently been employed or engaged in the provision of health services.
(5) The Public Sector Management and
Employment Act 1998 does not apply to a director of a board of a metropolitan health service in respect of the office of director.
65U. Terms and conditions
(1) A director of a board of a metropolitan
health service holds office for the term, not
exceeding 3 years, specified in the
instrument of appointment and is eligible for
re-appointment.
(2) A director of a board of a metropolitan health service must not serve more than 3 consecutive terms as director of that board.
(3) A director of a board is entitled to be paid—
(a) reasonable expenses incurred in board; and
(b)
such remuneration as is specified in the instrument of appointment.
65V. Removal and resignation
(1) A director of a board of a metropolitan
health service may resign by writing signed
by that person and delivered to the Governor
in Council.
Health Services (Governance) Act 2000
Act No. 39/2000 s. 8 (2) The Governor in Council, on the
recommendation of the Minister, may
remove a director, or all directors, of a board
from office.(3) The Minister must recommend the removal
of a director of a board from office if the
Minister is satisfied that—
(a) the director is physically or mentally unable to fulfil the role of a director of a board; or (b) the director has been convicted or found guilty of an offence, the commission of which, in the opinion of the Minister, makes the director unsuitable to be a director of a board; or (c) leave of the board, from all meetings of
the director has been absent, without 6 months; or
(d) the director is an insolvent under the Corporations Law.
65W. Disclosure of interest
(1) If a director of a board of a metropolitan
health service has a direct or indirect
pecuniary interest in a matter being
considered, or about to be considered, by the
board, the director, as soon as practicable
after the relevant facts come to the director's
knowledge, must disclose the nature of the
interest at a meeting of the board.
(2) The person presiding at the meeting must cause the declaration to be recorded in the minutes of the meeting.
Health Services (Governance) Act 2000
| s. 8 | Act No. 39/2000 |
(3) A director who has a conflict of interest in a
matter—
(a) must not be present during any deliberations on the matter; and
(b) is not entitled to vote on the matter. (4) If a director votes on a matter in
contravention of sub-section (3)(b), his or
her vote must be disallowed.(5) This section does not apply in relation to a
matter relating to the supply of goods or
services to the director if the goods or
services are, or are to be, available to
members of the public on the same terms and
conditions.
65X. Procedure of board
Subject to this Part, the procedure of a board of a metropolitan health service is in the discretion of the board.
65Y. Immunity
(1) A director of a board of a metropolitan
health service is not personally liable for
anything done or omitted to be done in good
faith—
(a)
in the exercise of a power or the discharge of a duty under this Act; or
(b)
in the reasonable belief that the act or omission was in the exercise of a power or the discharge of a duty under this Act.
(2) Any liability resulting from an act or
omission that would but for sub-section (1)
attach to a director of the board of a
metropolitan health service attaches instead
to the metropolitan health service.
Health Services (Governance) Act 2000
Act No. 39/2000 s. 8
65Z. Validity of acts or decisions
An act or decision of a board of a
metropolitan health service is not invalid byreason only of—
(a)
a defect or irregularity in or in connection with the appointment of a director of the board; or
(b)
a vacancy in the directorship of the board.
65ZA. Advisory committees
(1) The board of a metropolitan health service—
(a) must appoint at least one community advisory committee; and (b) must appoint a primary care and and
(c) may appoint such other advisory committees as it determines.
(2) The board of a metropolitan health service
must appoint its community advisory
committee and its primary care and
population health advisory committee within
6 months after the establishment of the
metropolitan health service.
(3) The board of a metropolitan health service
must include in its report of operations under
Part 7 of the Financial Management Act
1994, a report on the activities of its advisory
committees.
65ZB. Community advisory committee
(1) Subject to this section, a community
advisory committee consists of such number
Health Services (Governance) Act 2000
| s. 8 | Act No. 39/2000 |
of members as the board of the metropolitan
health service determines.(2) The board of a metropolitan health service must ensure that the persons appointed to a community advisory committee are persons who are able to represent the views of the
communities served by the metropolitan
health service.(3) In appointing persons to a community advisory committee, a board must give preference to a person—
(a) who is not a registered provider within the meaning of the Health Services (Conciliation and Review) Act 1987; and (b) who is not currently or has not recently been employed or engaged in the provision of health services. (4) The board of a metropolitan health service
must appoint a person to fill a vacancy in the
membership of a community advisory
committee within 3 months after the vacancy
arises.
65ZC. Primary care and population health
advisory committee
(1) Subject to this section, a primary care and
population health advisory committee
consists of such number of members as the
board of the metropolitan health service
determines.
(2) A board of a metropolitan health service
must ensure that its primary care and population health advisory committee consists of persons who between them have
the following knowledge and expertise—
Health Services (Governance) Act 2000
Act No. 39/2000 s. 8
(a) expertise in or knowledge of the provision of primary health services in the areas served by the metropolitan health service; (b) affecting the population served by the
metropolitan health service andexpertise in identifying health issues health of that population;
(c) knowledge of the health services areas served by the metropolitan health service.
(3) The board of a metropolitan health service
must appoint a person to fill a vacancy in the
membership of its primary care and
population health advisory committee within
3 months after the vacancy arises.
65ZD. Guidelines of Secretary
The Secretary may publish guidelines relating to the composition, role, functions and procedure of advisory committees.
65ZE. Procedure of advisory committees
Subject to any guidelines of the Secretary, the procedure of an advisory committee of a metropolitan health service is in its discretion.
65ZF. Strategic plans
(1) The board of a metropolitan health service must at the direction of the Minister and at the time or times determined by the Minister,
prepare and submit to the Minister for
approval a strategic plan for the operation of
the metropolitan health service.
Health Services (Governance) Act 2000
| s. 8 | Act No. 39/2000 |
(2) A strategic plan must be prepared in
accordance with the guidelines established
by the Minister from time to time.
(3) The Minister may—
(a) approve a strategic plan; or
(b) approve a strategic plan with amendments; or (c) refuse to approve a strategic plan. (4) The board of a metropolitan health service
must advise the Minister if it wishes to
exercise its functions in a mannerinconsistent with its approved strategic plan.
65ZG. Annual meetings
(1) The board of a metropolitan health service must ensure that the chief executive officer convenes an annual meeting of the
metropolitan health service to be held on or after 1 July and on or before 31 October (or, if the Secretary in writing approves a later
date, on or before that later date) in each
year.(2) Nothing in sub-section (1) requires an annual
meeting of a metropolitan health service to
be held before the metropolitan health
service has been a metropolitan health
service for 12 months.
(3) The chief executive officer of the
metropolitan health service must cause
notice of the annual meeting to be published
in a newspaper circulating generally in the
area where the metropolitan health service issituated giving notice—
(a)
of the date, time and place of the meeting; and
Health Services (Governance) Act 2000
Act No. 39/2000 s. 9 (b) that the meeting is open to the public. (4) At each annual meeting of a metropolitan
health service, the board—
(a) must submit the report of operations and financial statements prepared in accordance with Part 7 of the Financial Management Act 1994; and
(b)
must report on the health services provided to the community in the preceding year and on health services
proposed to be provided in the
following year; and(c)
must report on such other matters as are prescribed.".
9. Confidentiality
(1) After section 141(3)(ga) of the Principal Act
insert—
"(gb) the giving of information to or by a person, or a person in a class of persons, designated under sub-section (5) in the course of
carrying out support functions designated
under sub-section (5); or".
(2) After section 141(4) of the Principal Act insert—
"(5) For the purposes of sub-section (3)(gb), the
Governor in Council, may by Order
published in the Government Gazette
designate—
(a)
a person, or a class or classes of persons, employed or engaged by—
(i) a public hospital or
denominational hospital; or(ii) a multi-purpose service; or
(iii) a community health centre; and
Health Services (Governance) Act 2000
| s. 10 | Act No. 39/2000 |
(b)
support functions carried out or to be carried out by those persons.".
10. New section 157G inserted
After section 157F of the Principal Act insert—
"157G. Supreme Court—limitation of jurisdiction
It is the intention of section 226 to alter or
vary section 85 of the Constitution Act1975.".
11. New Part 9 inserted
After Part 8 of the Principal Act insert—
'PART 9—TRANSITIONAL PROVISIONS
RELATING TO METROPOLITAN HEALTH
SERVICES
Division 1—Preliminary
179. Definitions
In this Part—
"instrument" includes a document and an
oral agreement;
"liabilities" means all liabilities, duties and obligations, whether actual, contingent or prospective;
"property" means a legal or equitable estate
or interest (whether present or future and whether vested or contingent) in real or personal property of any
description;
"rights" means all rights, powers, privileges
and immunities, whether actual,
contingent or prospective.
180. Extra-territorial operation
Health Services (Governance) Act 2000
Act No. 39/2000 s. 11 It is the intention of the Parliament that the operation of this Part should, as far as possible, include operation in relation to the following—
(a) land situated outside Victoria, whether in or outside Australia; (b) things situated outside Victoria, whether in or outside Australia; (c) entered into or occurring outside
acts, transactions and matters done, Australia;
(d) (wherever situated, done, entered into
or occurring) that would, apart from
this Part, be governed or otherwise
affected by the law of thethings, acts, transactions and matters Territory or a foreign country.
Division 2—Establishment of metropolitan
health services
181. Order establishing a metropolitan health service
(1) The Governor in Council, by Order
published in the Government Gazette may,
on the recommendation of the Minister,establish a metropolitan health service.
(2) If an Order is made under sub-section (1)—
(a)
a new metropolitan health service with the name specified in the Order comes into existence; and
Health Services (Governance) Act 2000
| s. 11 | Act No. 39/2000 |
(b)
Schedule 5 is amended by the addition of the name of the new metropolitan health service in the appropriate alphabetical position.
182. Establishment of first board
(1) Despite section 65T, the board of a
metropolitan health service that comes into existence under an Order under section 181 consists of the persons (being not less than 6
and not more than 9) named in the Order.
(2) For the purposes of Division 9B of Part 3,the Order under section 181 constitutes the
instrument of appointment of the directors of
the board and may include terms andconditions of appointment.
183. Appointment of first chief executive officer
(1) The Governor in Council, by Order
published in the Government Gazette, may
on the recommendation of the Minister,
appoint a person to act as the first chief
executive officer of a metropolitan health
service established by Order under section
181.(2) The Order may specify the period (being not more than 6 months) of appointment and the terms and conditions of appointment of the
chief executive officer.
(3) If a person is appointed to act as chief
executive officer of a metropolitan health
service under sub-section (1)—
(a)
the person is deemed to have been appointed by the board of the metropolitan health service; and
Health Services (Governance) Act 2000
Act No. 39/2000 s. 11
(b)
the appointment is deemed to be approved by the Secretary under section 25.
184. First by-laws of metropolitan health service
(1) The Governor in Council, by Order
published in the Government Gazette, may
on the recommendation of the Minister,
specify the by-laws of a metropolitan health
service established by Order under section
181.(2) The by-laws must specify the objects
including the core objects, of the
metropolitan health service.
(3) By-laws of a metropolitan health service
specified in an Order under sub-section (1)
have effect as if made by the board of the
metropolitan health service and approved by
the Secretary under section 24.
185. Limited period to make Orders made after the day that is 12 months after the date of commencement of the Health Services (Governance) Act 2000.
Division 3—Establishment of community
health centres
186. Order establishing a community health centre
(1) The Governor in Council, by Order
published in the Government Gazette may,
on the recommendation of the Minister,
establish a community health centre.(2) The Order must specify the area served by the community health centre.
Health Services (Governance) Act 2000
| s. 11 | Act No. 39/2000 |
(3) If an Order is made under sub-section (1)—
(a) a new community health centre with the name specified in the Order comes into existence; and (b) the community health centre is deemed to be an association incorporated under the Associations Incorporation Act 1981; and
(c) the community health centre is deemed to be an agency registered under Division 2 of Part 3; and (d) the community health centre named in the Order is deemed to be declared under section 45 to be a community health centre; and (e) the area specified in the Order is deemed to be declared under section 45 to be the area served by the community health centre. 187. Establishment of first board of management
(1) Despite section 46, the board of management of a community health centre that comes into existence under an Order under section 186
consists of the persons named in the Order.
(2) The Order under section 186 is deemed forthe purposes of Division 6 of Part 3 to be the instrument of appointment of the members of the board of management and may include
terms and conditions of appointment.
(3) A member of the board of management may
be appointed under the Order until the day
that is 12 months after the date of
commencement of the Health Services
Health Services (Governance) Act 2000
Act No. 39/2000 s. 11 (Governance) Act 2000 or for a lesser
period specified in the Order.
188. First rules of community health centre
(1) The Governor in Council, by Order
published in the Government Gazette, may
on the recommendation of the Minister,
specify the rules of a community health
centre established by Order under section186.
(2) The rules of a community health centre
specified in an Order under sub-section (1) have effect as if made and approved under the Associations Incorporation Act 1981.
(3) An Order under sub-section (1) may
incorporate the model rules under the
Associations Incorporation Act 1981
subject to any variations specified in theOrder.
189. Limited period to make orders made after the day that is 12 months after the date of commencement of the Health Services (Governance) Act 2000.
Division 4—Appointment of administrator
190. Appointment of administrator
(1) The Governor in Council, on the
recommendation of the Minister, may
appoint an administrator for a metropolitanhospital.
(2) The appointment may be for such period and
subject to such terms and conditions as are specified in the instrument of appointment.
Health Services (Governance) Act 2000
| s. 11 | Act No. 39/2000 |
(3) On the appointment of an administrator to a metropolitan hospital under this section—
(a) the directors of the board of the metropolitan hospital cease to hold office; and (b) the chief executive officer of the metropolitan hospital goes out of office; and (c) sections 40E, 40F and 40G cease to apply in relation to the board of that hospital and continue not so to apply during the period of appointment of the administrator.
(4) Section 61 does not apply to the appointment of an administrator under this Division.
(5) Sections 61 and 62 do not apply to a
metropolitan hospital for which an
administrator has been appointed under thisDivision.
(6) The Governor in Council, on the
recommendation of the Minister, may at any
time revoke the appointment of an
administrator and if necessary appoint a newadministrator for a metropolitan hospital.
191. Functions of administrator
(1) The functions of an administrator of a metropolitan hospital are—
(a)
to carry out the functions of the board of the metropolitan hospital; and
(b)
to facilitate the transfer of property, rights and liabilities of a metropolitan hospital to another agency or other agencies or to the Crown under this Part.
Health Services (Governance) Act 2000
Act No. 39/2000 s. 11 (2) An administrator of a metropolitan hospital appointed under this Division has and may exercise all the powers and functions and is subject to all the duties of the board of the
metropolitan hospital under, and comprises that board for the purposes of, this Act and the by-laws of the metropolitan hospital.
192. Direction of Secretary Division is subject to the direction of the Secretary in the exercise of the administrator's functions and powers and the performance of the administrator's duties under this Division.
Division 5—Transfer of property, rights and liabilities of metropolitan hospitals on
cancellation of incorporation
193. Definitions
In this Division—
"transferring hospital", in relation to anOrder under section 181, means a
metropolitan hospital the incorporation
of which is cancelled under the Order;
"effective date", in relation to an Order
under section 181, means the date
specified in the Order to be the
effective date of that Order;
"new health service", in relation to an
Order under section 181, means the
metropolitan health service which
comes into existence under that Order;
"old instrument" means an instrument
subsisting immediately before the
Health Services (Governance) Act 2000
| s. 11 | Act No. 39/2000 |
| effective date of an Order under section 181— |
(a)
to which a transferring hospital was a party; or
(b)
that was given to or in favour of a transferring hospital; or
(c)
that refers to a transferring hospital; or
(d) under which—
(i) money is, or may become, transferring hospital; or
(ii) other property is to be, or may become liable to be, transferred to or by a
transferring hospital;
"transferred hospital employee" means a
person who, by reason of section
204(1), is regarded as being employed
by a new health service with effect
from the effective date of an Order
under section 181.
194. Cancellation of incorporation of
metropolitan hospital(1) If the Minister recommends to the Governor
in Council the establishment of a
metropolitan health service by Order under
section 181, the Minister may also
recommend to the Governor in Council that
the Order cancel the incorporation of a
metropolitan hospital.
(2) If the Minister recommends the cancellation
of the incorporation of a metropolitan hospital, the Governor in Council may
Health Services (Governance) Act 2000
Act No. 39/2000 s. 11 provide for the cancellation of the
incorporation in an Order made under
section 181.195. Transfer from metropolitan hospital to metropolitan health service
If an Order is made under section 181 cancelling the incorporation of a metropolitan hospital, then on a date specified in the Order—
(a) the incorporation of the metropolitan hospital to which the Order relates is cancelled; and (b) Schedule 3 is amended by the omission of the name of that metropolitan hospital; and (c) the directors of the board of the metropolitan hospital go out of office; and (d) the chief executive officer of the metropolitan hospital goes out of office. 196. New metropolitan health service to be successor in law
On the coming into existence of a metropolitan health service under an Order under section 181 which also cancels the incorporation of a metropolitan hospital—
(a) all property and rights of the vest in the new health service; and
(b) all liabilities of the transferring liabilities of the new health service; and
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| s. 11 | Act No. 39/2000 |
(c)
the new health service becomes the successor in law of the transferring hospital; and
(d)
on and from the effective date of the Order, the transferring hospital must, for the purposes of any trust in relation
to that hospital, be taken not to have
had its incorporation cancelled and the
new health service must be taken to be
the same body as the transferring
hospital for those purposes.197. Substitution of party to agreement liabilities of a transferring hospital under an agreement vest in, or become liabilities of, a new health service—
(a)
the new health service becomes, on the effective date of the Order, a party to the agreement in place of the transferring hospital; and
(b)
on and after the effective date of the Order, the agreement has effect as if the new health service had always been a party to the agreement.
198. Old instruments
(1) Each old instrument (including an instrument made under an Act) has effect and continues to have effect according to its tenor on and
after the effective date of an Order under
section 181 as if a reference in the
instrument to a transferring hospital were a
reference to the new health service.(2) Without limiting the effect of sub-section (1), on and from the effective date of an
Health Services (Governance) Act 2000
Act No. 39/2000 s. 11 Order under section 181, an instrument creating a trust in relation to—
(a)
a transferring hospital to which the Order relates; or
(b)
a former agency of which such a transferring hospital is the successor agency—
has effect and continues to have effect
according to its tenor as if the trust were inrelation to the new health service.
199. Proceedings an Order under section 181, proceedings (including arbitration proceedings) to which a transferring hospital was a party were pending or existing in any court or tribunal, then, on and after the publication of the Order, the new health service is substituted for the transferring hospital as a party to the proceedings and has the same rights in the proceedings as the transferring hospital had.
200. Interests in land Division and despite anything to the contrary in any other Act or law, if, immediately before the effective date of an Order under section 181, a transferring hospital is the registered proprietor of an interest in land under the Transfer of Land Act 1958, on and after that date—
(a)
the new health service is to be taken to be the registered proprietor of that interest in land; and
Health Services (Governance) Act 2000
| s. 11 | Act No. 39/2000 |
(b)
the new health service has the same rights and remedies in respect of that interest as the transferring hospital had.
201. Amendment of Register do so and on delivery of any relevant certificate of title or instrument, must make any amendments in the Register that are necessary because of the operation of this Division.
202. Taxes under any Act in respect of anything effected by or done under this Division or in respect of any act or transaction connected with or necessary to be done by reason of this Division, including a transaction entered into or an instrument made, executed, lodged or given.
203. Evidence
(1) Documentary or other evidence that would
have been admissible for or against the
interests of a transferring hospital if an Order
had not been made under section 181, is
admissible for or against the interests of the
new health service.
(2) Division 3A of Part III of the Evidence Act 1958 continues to apply with respect to the books of account of a transferring hospital and to entries made in those books of
account before the effective date of an Order
under section 181.(3) In sub-section (2), "books of account" has
the same meaning as in Division 3A of
Part III of the Evidence Act 1958.
Health Services (Governance) Act 2000
Act No. 39/2000 s. 11 204. Transfer of hospital employees to new health service
(1) A person who, immediately before the
effective date of an Order under section 181,
was an employee (other than the chief
executive officer) of a transferring hospital is
to be regarded as—
(a) having been employed by the new health service with effect from that date; and (b) having been so employed on the same terms and conditions as those that applied to the person, immediately before that date, as an employee of the transferring hospital; and (c) having accrued an entitlement to benefits, in connection with that employment by the new health service,
that is equivalent to the entitlement that the person had accrued, as an employee of the transferring hospital immediately before that date.
(2) The service of a transferred hospital
employee as an employee of the new health service is to be regarded for all purposes as having been continuous with the service of the employee, immediately before the
effective date of the Order under section 181,
as an employee of the transferring hospital.(3) A transferred hospital employee is not
entitled to receive any payment or other
benefit by reason only of having ceased to be
an employee of the transferring hospital
because of this Division.
Health Services (Governance) Act 2000
| s. 11 | Act No. 39/2000 |
(4) A certificate purporting to be signed by the
chief executive officer of the new health
service certifying that a person named in the
certificate was, with effect from the effective
date of the Order under section 181,
employed, by virtue of this section by the
new health service is admissible in evidence
in any proceedings and is conclusive proof
of the matters stated in it.
205. Future terms and conditions of transferred employees
Nothing in section 204 prevents—
(a) any of the terms and conditions of employment of a transferred hospital employee from being altered by or under any law, award or agreement with effect from any time after the effective date of the Order under section 181; or (b) resigning, or the termination of a
transferred hospital employee's
employment, at any time after the
effective date of the Order in
accordance with the then existing termsa transferred hospital employee from employment by the new health service.
Division 6—Transfer of property, rights and liabilities before cancellation of incorporation
of metropolitan hospital
206. Definitions
In this Division—
"effective date", in relation to an Orderunder section 208, 214 or 215, means
Health Services (Governance) Act 2000
Act No. 39/2000 s. 11 the date specified in the Order to be the
effective date of that Order;"former hospital property" means
property, rights or liabilities of a
metropolitan hospital that, under this
Division, have vested in, or become
liabilities of, a metropolitan health
service or community health centre;
"old instrument" means an instrument subsisting immediately before the effective date of an Order under
section 208—
(a)
to which a transferring hospital was a party; or
(b)
that was given to or in favour of a transferring hospital; or
(c)
that refers to a transferring hospital; or
(d) under which—
(i) money is, or may become, transferring hospital; or
(ii) other property is to be, or may become liable to be, transferred to or by a
transferring hospital;
"staff transfer date" in relation to a list referred to in section 220 means the date fixed by the Minister under
section 219 as the staff transfer date for
the purposes of that list;
"transferred hospital employee" means a
person who, by reason of section 221 is
regarded as being employed by a
Health Services (Governance) Act 2000
| s. 11 | Act No. 39/2000 |
| metropolitan health service or a community health centre with effect from the relevant staff transfer date; |
"transferring hospital", in relation to an
Order under section 208, means the
metropolitan hospital specified in the
Order.
207. Division to prevail Division and Division 9A of Part 3, this Division prevails to the extent of the inconsistency.
208. Transfer Order
(1) The Governor in Council, by Order
published in the Government Gazette, may,
on the recommendation of the Minister—
(a) allocate to a metropolitan health service such of the property, rights and liabilities of a metropolitan hospital as are specified in the Order; or (b) allocate to a community health centre such of the property, rights and liabilities of a metropolitan hospital as are specified in the Order. (2) Without limiting sub-section (1), an Order
under that sub-section may allocate property,
rights and liabilities by reference—
(a)
to a campus of a metropolitan hospital or other place; or
(b)
to a class or category of property, rights or liabilities; or
(c)
to a combination of paragraphs (a) and (b).
Health Services (Governance) Act 2000
Act No. 39/2000 s. 11
209. Property rights and liabilities transferred to health centre
If an Order is made under section 208, then on the effective date of the Order—
(a) transferring hospital specified in the
Order vest in the metropolitan healthall property and rights of the specified in the Order; and
(b) all liabilities of the transferring hospital specified in the Order become liabilities of the metropolitan health service or community health centre specified in
the Order; and(c) the metropolitan health service or the Order becomes the successor in law of the transferring hospital in relation to the property, rights and liabilities specified in the Order.
210. Substitution of party to agreement If, under section 209, the rights and liabilities of a transferring hospital under an
agreement vest in, or become liabilities of, a
metropolitan health service or community
health centre—
(a)
the metropolitan health service or community health centre becomes, on the effective date of the relevant Order under section 208, a party to the agreement in place of the transferring hospital; and
(b)
on and after the effective date of the relevant Order under section 208, the
Health Services (Governance) Act 2000
| s. 11 | Act No. 39/2000 |
| agreement has effect as if the metropolitan health service or community health centre had always | |
| been a party to the agreement. |
211. If, immediately before the effective date of
an Order under section 208, proceedings
relating to former hospital property
(including arbitration proceedings) to whichProceedings pending or existing in any court or tribunal, then, on and after the effective date of the relevant Order, the metropolitan health service or community health centre specified in the Order is substituted for the transferring hospital as a party to the proceedings and has the same rights in the proceedings as the transferring hospital had.
212. Interests in land Division and despite anything to the contrary in any other Act or law, if immediately before the effective date of an Order under section 208, a transferring hospital is, in relation to former hospital property, the registered proprietor of an interest in land under the Transfer of Land Act 1958, then on and after that date—
(a) the metropolitan health service or community health centre specified in the Order is to be taken to be the registered proprietor of that interest in land; and (b) the metropolitan health service or the Order has the same rights and
Health Services (Governance) Act 2000
Act No. 39/2000 s. 11 remedies in respect of that interest as
the transferring hospital had.213. Old instruments
(1) Each old instrument relating to property
rights and liabilities of a metropolitan hospital that, under this Division, have vested in, or become liabilities of, a
metropolitan health service or community
health centre has effect and continues to
have effect according to its tenor on and after
the effective date of the relevant Order under
section 208 as if a reference in the
instrument to the transferring hospital were a
reference to the metropolitan health service
or community health centre specified in the
Order.(2) This section does not apply to an instrument creating a trust to which section 214 or 215 applies.
214. Trusts in respect of metropolitan hospitals existing on 31 July 1995
(1) The Governor in Council, by Order
published in the Government Gazette, may,
on the recommendation of the Minister,
designate a metropolitan health service as the
successor of a metropolitan hospital existing
on 31 July 1995 and designated in the Order,
for the purposes of any trust in relation to
that metropolitan hospital.(2) The Minister must not recommend the
designation of a metropolitan health service
or metropolitan hospital under sub-section
(1) unless the Minister is satisfied that the
metropolitan health service is the appropriate
successor for the metropolitan hospital
having regard, where relevant, to the
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| s. 11 | Act No. 39/2000 |
campuses operated or to be operated by the
metropolitan health service.(3) On and from the effective date of an Order under this section, an instrument creating a trust in relation to—
(a) a metropolitan hospital designated in the Order; or (b) a former agency of which the agency—
has effect and continues to have effect
according to its tenor as if the trust were in
relation to the metropolitan health service
designated in the Order as the successor ofthe metropolitan hospital.
(4) On and from the effective date of an Order
service designated in the Order must, for the
purposes of any trust in relation to a
metropolitan hospital designated in theunder this section, a metropolitan health metropolitan hospital. (5) This section has effect despite anything to the contrary in sections 65D and 65F.
215. Trusts in respect of metropolitan hospitals created on or after 1 August 1995
(1) The Governor in Council, by Order
published in the Government Gazette, may,
on the recommendation of the Minister,
designate a metropolitan health service as the
successor of a metropolitan hospital created
on or after 1 August 1995 and designated in
the Order, for the purposes of any trust or
class or category of trusts specified in the
Health Services (Governance) Act 2000
Act No. 39/2000 s. 11 Order in relation to the metropolitan hospital.
(2) The Minister must not recommend the
designation of a metropolitan health service
or metropolitan hospital under sub-section
(1) unless the Minister is satisfied that the
metropolitan health service is the appropriate
successor for the metropolitan hospital
having regard, where relevant, to the
campuses operated or to be operated by the
metropolitan health service.
(3) On and from the effective date of an Order under this section, an instrument creating a trust specified, or in a class or category
specified, in the Order in relation to a
metropolitan hospital designated in the Order
has effect and continues to have effect
according to its tenor as if the trust were in
relation to the metropolitan health service
designated in the Order as the successor ofthe metropolitan hospital.
(4) On and from the effective date of an Order
service designated in the Order must, for the
purposes of any trust specified, or in a class
or category specified, in the Order in relation
to a metropolitan hospital designated in theunder this section, a metropolitan health metropolitan hospital. (5) This section has effect despite anything to the contrary in sections 65D and 65F.
216. Amendment of the Register do so and on delivery of any relevant certificate of title or instrument, must make any amendments in the Register that are
Health Services (Governance) Act 2000
| s. 11 | Act No. 39/2000 |
necessary because of the operation of this
Division.
217. Taxes under any Act in respect of anything effected by or done under this Division or in respect of any act or transaction connected with or necessary to be done by reason of this Division, including a transaction entered into or an instrument made, executed, lodged or given.
218. Evidence
(1) Documentary or other evidence that would
have been admissible for or against the
interests of a transferring hospital if an Order
had not been made under section 208, is
admissible for or against the interests of the
metropolitan health service or community
health centre specified in the Order.
(2) Division 3A of Part III of the Evidence Act 1958 continues to apply with respect to the books of account of a transferring hospital and to entries made in those books of
account before the effective date of an Order under section 208, whether or not they relate to former hospital property.
(3) In sub-section (2), "books of account" has
the same meaning as in Division 3A of
Part III of the Evidence Act 1958.
219. Staff transfer date
(1) The Minister, by notice published in the
Government Gazette, may determine a date that is to be the staff transfer date for the purposes of a list under section 220.
Health Services (Governance) Act 2000
Act No. 39/2000 s. 11 (2) The Minister may give more than one notice
under this section in respect of a
metropolitan hospital.
220. List of staff
(1) Before the relevant staff transfer date, the Secretary must prepare a list of employees (other than the chief executive officer) of a metropolitan hospital who are to become
employees of a metropolitan health service
or community health centre on that date.
(2) The list may specify the employees—
(a) by name or position; or (b) by class or category; or
(c) by reference to a campus of a metropolitan hospital or other place; or (d) by any combination of paragraphs (a) to (c). (3) The list must specify the metropolitan health service or community health centre which on the staff transfer date is to become the
employer of each employee specified on the
list.(4) Nothing in this section prevents a person
specified on a list as an employee of a
metropolitan hospital from resigning or
being dismissed at any time before the
relevant staff transfer date in accordance
with the terms and conditions of his or her
employment.
221. Transfer of staff
(1) A person listed as an employee of a
metropolitan hospital in a list prepared under
section 220 who was such an employee
Health Services (Governance) Act 2000
| s. 11 | Act No. 39/2000 |
immediately before the relevant staff transfer
date is to be regarded as—
(a)
having been employed by the metropolitan health service or community health centre specified in
the list with effect from the staff
transfer date; and(b)
having been so employed on the same terms and conditions as those that applied to the person, immediately before the staff transfer date, as an employee of the metropolitan hospital; and
(c)
having accrued an entitlement to benefits, in connection with that employment with the metropolitan
health service or community health
centre, that is equivalent to the
entitlement that the person had accrued,
as an employee of the metropolitan
hospital immediately before the staff
transfer date.(2) The service of a transferred hospital
employee as an employee of the
metropolitan health service or community
health centre is to be regarded for all
purposes as having been continuous with the
service of the transferred hospital employee,
immediately before the relevant staff transfer
date, as an employee of the metropolitan
hospital.(3) A transferred hospital employee is not
entitled to receive any payment or other
benefit by reason only of having ceased to be
Health Services (Governance) Act 2000
Act No. 39/2000 s. 11 an employee of a metropolitan hospital
because of this Division.(4) A certificate purporting to be signed by the chief executive officer of the metropolitan health service or community health centre certifying that a person named in the
certificate was, with effect from the relevant
staff transfer date, employed, by virtue of
this section by the metropolitan health
service or community health centre named in
the certificate is admissible in evidence in
any proceedings and is conclusive proof of
the matters stated in it.222. Future terms and conditions of transferred employees
Nothing in section 221 prevents—
(a) any of the terms and conditions of employment of a transferred hospital employee from being altered by or under any law, award or agreement with effect from any time after the relevant staff transfer date; or (b) resigning, or the termination of a
transferred hospital employee's
employment, at any time after the
relevant staff transfer date in
accordance with the then existing terms
and conditions of his or hera transferred hospital employee from service or community health centre.
223. Abolition of metropolitan hospital
(1) An administrator appointed under Division 4
in respect of a metropolitan hospital may
recommend to the Minister that the
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| s. 11 | Act No. 39/2000 |
incorporation of that metropolitan hospital
be cancelled.
(2) If a recommendation is made under sub-
section (1) and the Minister is satisfied that as far as practicable the property, rights and liabilities of the metropolitan hospital have been transferred to another agency or other agencies, the Minister may recommend to
the Governor in Council that the
incorporation of the metropolitan hospital becancelled.
(3) The Governor in Council, on a
recommendation under sub-section (2), may metropolitan hospital.
by Order published in the Government
(4) If an Order is made under this section, then on the date specified in the Order—
(a)
the incorporation of the metropolitan hospital to which the Order relates is cancelled; and
(b)
Schedule 3 is amended by the omission of the name of the metropolitan hospital.
224. Effect of Order
(1) On the cancellation of the incorporation of a metropolitan hospital under section 223—
(a) all property and rights of the located, vest in the Crown; and
(b) all liabilities of the metropolitan liabilities of the Crown; and
Health Services (Governance) Act 2000
Act No. 39/2000 s. 11
(c) the Crown becomes the successor in law of the metropolitan hospital in respect of that property and those rights and liabilities; and (d) this Division applies as if any reference— (i) to an Order under section 208 were a reference to an Order under section 223; and
(ii) reference to property, rights and
to former hospital property were a under this sub-section; and
(iii) to a metropolitan health service were a reference to the Crown.
(2) This section does not apply to a trust.
Division 7—General
225. Validity of things done under this Part Nothing effected by this Part or suffered under this Part—
(a) is to be regarded as placing any person in breach of contract or confidence or as otherwise making any of them guilty of a civil offence; or (b) regarded as placing any person in
breach of or as constituting a default
under any Act or other law or any
provision in any agreement,
arrangement or understandingis subject to compliance with or is to be generality of the foregoing, any
Health Services (Governance) Act 2000
| s. 11 | Act No. 39/2000 |
| provision prohibiting, restricting or regulating the assignment or transfer of any property or right or the disclosure of any information; or |
(c) is to be regarded as fulfilling any condition which allows a person to exercise a power, right or remedy in respect of or to terminate any agreement or obligation; or (d) is to be regarded as giving rise to any remedy for a party to a contract or an instrument or as causing or permitting the termination of any contract or instrument because of a change in the
beneficial or legal ownership of any
property, right or liability; or(e) is to be regarded as causing any contract or instrument to be void or otherwise unenforceable; or (f) is to be regarded as frustrating any contract; or (g) releases any surety or other obligee wholly or in part from any obligation.
226. Operation of provisions not subject to review
Nothing done under Division 2, 3, 5 or 6 or section 190 gives rise to any cause or right of action or application before any court or tribunal.
227. Application of property cy-pres not affected
(1) Nothing in section 198(2) in relation to an
Order under section 181 affects the operation of—
Health Services (Governance) Act 2000
Act No. 39/2000 s. 11
(a) an order of a court for the application of property cy-pres made before the effective date of that Order; or (b) application of property cy-pres
sanctioned or given by the Attorney-a scheme or authority for the before the effective date of that Order.
(2) Nothing in section 214 or 215 in relation to
an Order under section 214 or 215 affects the
operation of—
(a) an order of a court for the application of property cy-pres made before the effective date of that Order; or (b) application of property cy-pres
sanctioned or given by the Attorney-a scheme or authority for the before the effective date of that Order.
228. Application to trusts whenever created Health Services (Governance) Act 2000 apply with respect to a trust (within the meaning of section 3(1)) in relation to a body, whether the trust was created before, on or after the commencement of section 11 of that Act.
229. Saving of quality assurance bodies
(1) This section applies to a committee, council
or other body established by one or more
metropolitan hospitals and declared to be an
approved quality assurance body under
section 139.
(2) The Minister, by notice published in the
Government Gazette, may declare that a
Health Services (Governance) Act 2000
| s. 12 | Act No. 39/2000 |
designated committee, council or body to
which this section applies is to be taken to be
a body established by a designated
metropolitan health service.(3) On the publication of a notice under sub- section (2)—
(a) the notice has effect according to its tenor; and (b) the declaration of the designated committee, council or body under section 139 continues to have effect and may be revoked in accordance with that section. (4) This section has effect despite anything to
the contrary in the by-laws of the designated
metropolitan health service.'.
12. New Schedule 5 inserted
After Schedule 4 of the Principal Act insert—
" SCHEDULE 5
METROPOLITAN HEALTH SERVICES
".
13. Amendment of Mental Health Act 1986
After section 120A(3)(g) of the Mental Health
Act 1986 insert—
"(ga) the giving of information to or by a person,or a person in a class of persons, designated under section 141(5) of the Health Services Act 1988 in the course of carrying out
support functions designated under that
provision; or".
═══════════════
Health Services (Governance) Act 2000
Act No. 39/2000 Notes
NOTES
†
Minister's second reading speech—
Legislative Assembly: 4 May 2000
Legislative Council: 24 May 2000
The long title for the Bill for this Act was "to amend the Health Services
Act 1988 to facilitate the disaggregation of certain health care networks
and the re-organisation of public health care agencies in the metropolitanarea and for other purposes."
Constitution Act 1975:
Section 85(5) statement:
Legislative Assembly: 4 May 2000
Legislative Council: 24 May 2000
Absolute majorities:
Legislative Assembly: 23 May 2000
Legislative Council: 25 May 2000
0
0
0