Untitled document

Health Services (Amendment) Act 1998

Act No. 13/1998

TABLE OF PROVISIONS

Section	Page
PART 1—PRELIMINARY	1

1.	Purpose	1
2.	Commencement	2

PART 2—AMENDMENTS TO THE HEALTH SERVICES ACT

1988   3

3.	Principal Act	3
4.	Increased penalty and indictable offence—sick residents	3
5.	Increase in penalty—records	3
6.	Increase in penalty—not being registered	3
7.	Increase in penalty—providing excess beds	4
8.	Increase in penalty—contravening condition of registration	4
9.	Increase in penalty—building without approval in principle	4
10.	Increase in penalties—offences relating to authorised officers	4
11.	Increase in penalties—statements and documents	4

PART 3—AMENDMENTS TO THE HEALTH SERVICES

(AMENDMENT) ACT 1997 5

12.	Principal Act	5
13.	Increase in penalties and indictable offences—hygiene and
medication	5
14.	Increase in penalties—offences relating to supported residential
services	5
15.	Amendment of proposed section 156A	6

PART 4—AMENDMENT TO THE MAGISTRATES' COURT ACT

1989   8

16. Offences triable summarily 8

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NOTES 9

i

Victoria

No. 13 of 1998

Health Services (Amendment) Act 1998†

[Assented to 28 April 1998]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purpose

The main purpose of this Act is to amend the penalties for certain offences.

Health Services Act 1988 and the Health

Health Services (Amendment) Act 1998

Act No. 13/1998 s. 2

2. Commencement

This Act comes into operation on the day on which it receives the Royal Assent.

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Health Services (Amendment) Act 1998

s. 3

s. 6 Act No. 13/1998

PART 2—AMENDMENTS TO THE HEALTH SERVICES ACT

1988

3. Principal Act

No. 49/1988.	In this Part, the Health Services Act 1988 is
Reprint No. 3
as at 22 May	called the Principal Act.
1997. Further amended by Nos 63/1995, 17/1997 and 73/1997 and Government Gazettes
19.6.1997, pages 1416,
1417,
25.9.1997,
pages 2708, 2709, 2.10.1997, page 2759 and 27.11.1997, page 3266 and Special Gazette (No. 139) 3.11.1997 page 1.

4.  Increased penalty and indictable offence—sick residents

(1) In section 107 of the Principal Act for "100

penalty units" substitute "600 penalty units or 5

years imprisonment or both".

(2) At the end of section 107 of the Principal Act

insert—

"(2) An offence against sub-section (1) is an

indictable offence.".
5. Increase in penalty—records

In section 109(2) of the Principal Act, for "50 penalty units" substitute "120 penalty units".

6. Increase in penalty—not being registered
Health Services (Amendment) Act 1998
Act No. 13/1998

In section 111 of the Principal Act, for "100 penalty units" substitute "240 penalty units".

7. Increase in penalty—providing excess beds

In section 112 of the Principal Act, for "50 penalty units" substitute "240 penalty units".

8.  Increase in penalty—contravening condition of registration

In section 114 of the Principal Act, for "100 penalty units" substitute "240 penalty units".

9.  Increase in penalty—building without approval in principle

In section 115 of the Principal Act, for "50 penalty units" (wherever occurring) substitute "120 penalty units".

10.  Increase in penalties—offences relating to authorised officers

(1) In section 149 of the Principal Act, for "50 penalty

units" substitute "240 penalty units".

(2) In section 150 of the Principal Act, for "50 penalty

units" substitute "120 penalty units".

11. Increase in penalties—statements and documents

(1) In section 151 of the Principal Act, for "50 penalty

units"(where twice occurring) substitute "120

penalty units".

(2) In section 152 of the Principal Act, for "50 penalty

units" substitute "120 penalty units".

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Health Services (Amendment) Act 1998

s. 12 Act No. 13/1998

PART 3—AMENDMENTS TO THE HEALTH SERVICES

(AMENDMENT) ACT 1997

12. Principal Act

No. 73/1997. In this Part, the Health Services (Amendment)
Act 1997 is called the Principal Act.

13.  Increase in penalties and indictable offences— hygiene and medication

(1) In section 8 of the Principal Act, in proposed section 108B, for "100 penalty units" (where twice occurring) substitute "600 penalty units or

5 years imprisonment or both".

(2) In section 8 of the Principal Act, after proposed

section 108B(3) insert—
"(4) An offence against sub-section (1) or (2) is

an indictable offence.".

(3) In section 8 of the Principal Act, in proposed

section 108C, for "75 penalty units" substitute
"600 penalty units or 5 years imprisonment or
both".

(4) In section 8 of the Principal Act, at the end of

proposed section 108C insert—
"(2) An offence against sub-section (1) is an

indictable offence.".

14.  Increase in penalties—offences relating to supported residential services

(1) In section 8 of the Principal Act, in proposed section 108A—

(a)	in proposed sub-section (1), for "100 penalty units" substitute "240 penalty units"; and
(b)	in proposed sub-section (2), for "25 penalty units" substitute "240 penalty units".

Health Services (Amendment) Act 1998

s. 14
s. 15

Act No. 13/1998

(2) In section 8 of the Principal Act, in proposed

section 108D, for "75 penalty units" substitute
"240 penalty units".

(3) In section 8 of the Principal Act, in proposed

section 108E, for "20 penalty units" (where twice
occurring) substitute "120 penalty units".

(4) In section 8 of the Principal Act, in proposed section 108F for "15 penalty units" (wherever occurring) substitute "120 penalty units".

(5) In section 8 of the Principal Act, in proposed

section 108G, for "25 penalty units" (where twice
occurring) substitute "120 penalty units".

(6) In section 8 of the Principal Act, in proposed

section 108H, for "20 penalty units" (wherever
occurring) substitute "240 penalty units".

(7) In section 8 of the Principal Act, in proposed section 108I—

(a)	in proposed sub-section (1), for "50 penalty units" substitute "240 penalty units"; and
(b)	in proposed sub-section (2), for "25 penalty units" substitute "240 penalty units".

(8) In section 8 of the Principal Act, in proposed

section 108J, for "50 penalty units" substitute
"240 penalty units".

(9) In section 8 of the Principal Act, in proposed

section 108K, for "75 penalty units" substitute
"240 penalty units".

(10) In section 8 of the Principal Act, in proposed

section 108L, for "25 penalty units" (where twice
occurring) substitute "240 penalty units".

15. Amendment of proposed section 156A

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

In section 9 of the Principal Act, in proposed section 156A, for "sections 107, 108A to 108L" substitute "sections 108A, 108D to 108L".

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Health Services (Amendment) Act 1998

Act No. 13/1998 s. 16

PART 4—AMENDMENT TO THE MAGISTRATES' COURT

ACT 1989

16. Offences triable summarily

In Schedule 4 to the Magistrates' Court Act

1989, after item 54 insert—

"54A. Health Services Act 1988

Indictable offences under the Health Services Act

1988.".

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Health Services (Amendment) Act 1998

Notes Act No. 13/1998

NOTES

†

Minister's second reading speech—

Legislative Council: 17 March 1998

Legislative Assembly: 9 April 1998

The long title for the Bill for this Act was "to amend the Health Services
Act 1988 and the Health Services (Amendment) Act 1997 to provide
for increased penalties for certain offences, to amend Schedule 4 to the
Magistrates' Court Act 1989 and for other purposes."