Health Services Legislation Amendment Act 2008

Health Services Legislation Amendment Act 2008

No. 79 of 2008

table of provisions

Section Page

Part 1—Preliminary 1

1 Purposes 1

2 Commencement 2

Part 2—Health Services (Conciliation and Review) Act 1987 3

3 Definitions 3

4 Term of appointment to the Health Services Review Council 3

5 New section 36 inserted 3

36 Transitional provision—term of appointment of
current Council members 3

Part 3—Health Services Act 1988 5

6 Definitions 5

7 Rules of registered funded agencies 5

8 Division 6 of Part 3 substituted 5

Division 6—Registered community health centres 5

45 Application for registration 5

46 Further information 7

47 Registration criteria 7

48 Registration 8

49 Conditions on registration 8

50 Refusal of registration 9

51 Minister may determine performance standards 9

52 Subject matter of performance standards 10

53 Community health centre to comply with performance standards 10

54 Secretary may give directions 10

55 What happens if a registered community health centre fails to comply with the Secretary's direction? 11

56 Secretary may revoke registration 12

57 Displacement of other laws—appointment of administrator 13

57A Appointment of administrator 13

57B Cancellation of registration of community health
centre 16

57C Application for review by VCAT 16

57D Register of registered community health centres 17

9 Voluntary amalgamations 18

10 Annual meetings 19

11 Confidentiality 19

12 Regulations 19

13 New section 178B inserted 20

178B Transitional provisions—registered community
health centres 20

14 Division 3 of Part 9 repealed 20

Part 4—Consequential Amendments 21

15 Ambulance Services Act 1986 21

16 Duties Act 2000 21

17 Health Professions Registration Act 2005 21

18 Land Tax Act 2005 22

19 Mental Health Act 1986 22

20 Payroll Tax Act 2007 22

21 Public Administration Act 2004 23

Part 5—Repeal 24

22 Repeal of amending Act 24

═══════════════

Endnotes 25

Section Page

Victoria

Section Page

Health Services Legislation Amendment Act 2008[(]

No. 79 of 2008

[Assented to 11 December 2008]

Health Services Legislation Amendment Act 2008
No. 79 of 2008

The Parliament of Victoria enacts:

Part 1—Preliminary

Health Services Legislation Amendment Act 2008
No. 79 of 2008

Part 1—Preliminary

1 Purposes

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 9consecutive 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;

2 Commencement

s. 2

(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.

______

Part 2—Health Services (Conciliation and Review) Act 1987

3 Definitions

s. 3

See:
Act No.
25/1987.
Reprint No. 4
as at
27 March 2003
and amending
Act Nos
108/2004 and 80/2006.
LawToday:
www.
legislation.
vic.gov.au

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".

4 Term 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.".

5 New 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 9consecutive years as a member of the Council.".

s. 5

______

Part 3—Health Services Act 1988

6 Definitions

s. 6

See:
Act No.
49/1988.
Reprint No. 11
as at
23 April 2007 and amending
Act Nos 4/2008, 12/2008 and 46/2008.
LawToday:
www.
legislation.
vic.gov.au

(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;";

(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".

7 Rules of registered funded agencies

In section 24(2)(g) of the Health Services Act 1988, for "a community health centre or other" substitute "an".

8 Division 6 of Part 3 substituted

For Division 6 of Part 3 of the Health Services Act 1988 substitute—

"Division 6—Registered community health centres

45 Application 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—

s. 8

(a) the name by which the applicant is incorporated and its Australian Company Number; and

(b) the date of the applicant's incorporation; 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.

46 Further information

s. 8

(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.

47 Registration 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

(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—

s. 8

(a) a medical service; or

(b) a dental service; or

(d) a community health nursing service; or

(e) a health promotion and illness prevention program.

48 Registration

(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.

49 Conditions on registration

The Secretary may impose any conditions on the registration of a community health centre that the Secretary considers appropriate.

50 Refusal of registration

s. 8

(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.

51 Minister 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—

s. 8

(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.

52 Subject 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

(d) risk management; or

(e) quality accreditation and service delivery.

53 Community health centre to comply with performance standards

A registered community health centre must comply with the performance standards determined by the Minister.

54 Secretary 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

s. 8

(d) failed to continue to meet the registration criteria set out in section47.

(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

(d) to meet the registration criteria.

55 What 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.

56 Secretary may revoke registration

s. 8

(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.

57 Displacement of other laws—appointment of administrator

s. 8

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.