115JDirectorship of board not office of profit

115J Directorship of board not office of profit A directorof a board of a multi purpose service shall not be taken to hold an office or place of profit under the Crown which would— S. 115J(a) amended by No. 52/2017 s. 50(2)(b). (a) prevent the director sitting or voting as a member of the Legislative Council or Legislative Assembly; or S. 115J(b) amended by No. 52/2017 s. 50(2)(c). (b) make void the director's election to the Council or the Assembly; or S. 115J(c) amended by No. 52/2017 s. 50(2)(b). (c) prevent the director continuing to be a member of the Council or the Assembly; or S. 115J(d) amended by No. 52/2017 s. 50(2)(b). (d) subject the director to liability to a penalty under the **Constitution Act 1975**. S. 115JA inserted by No. 52/2004 s. 43. 115JA Immunity S. 115JA(1) amended by No. 52/2017 s. 51. (1) A director of a board of a multi purpose service is not personally liable for anything done or omitted to be done in good faith— (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. S. 115JA(2) amended by No. 52/2017 s. 51. (2) Any liability resulting from an act or omission that would but for subsection (1) attach to a director of the board of a multi purpose service attaches instead to the multi purpose service. S. 115JB inserted by No. 52/2017 s. 52. 115JB Chief executive officer (1) Subject to the Secretary's approval, the board of a multi purpose service must appoint or re-appoint a chief executive officer of the multi purpose service and determine the remuneration of the chief executive officer and the terms and conditions of the chief executive officer's employment. (2) A vacancy in the office of the chief executive officer of a multi purpose service must be filled as soon as possible. (3) The chief executive officer of a multi purpose service is subject to the direction of the board in controlling and managing the multi purpose service. S. 115JC inserted by No. 52/2017 s. 52. 115JC Functions of the chief executive officer (1) The functions of the chief executive officer are— (a) to manage the multi purpose service in accordance with— (ii) the instructions of the board; and (b) to prepare material for consideration by the board including any service agreements entered into under section 115O or any health service agreements entered into, strategic plans, business plans, strategies and budgets; and (c) to ensure that the board and any committees established or appointed by the board are assisted and provided with relevant information to enable them to perform their functions effectively and efficiently; and (d) to implement effective and accountable systems to monitor and improve the quality, safety and effectiveness of health services provided by the multi purpose service; and (e) to ensure that the multi purpose service continuously strives to improve the quality and safety of the health services it provides and to foster innovation; and (f) to ensure that the board's decisions are implemented effectively and efficiently throughout the multi purpose service; and (g) to inform the board in a timely manner of any issues of public concern or risks that affect or may affect the multi purpose service; and (h) to inform the board, the Secretary and the Minister without delay of any significant issues of public concern or significant risks affecting the multi purpose service. (2) In performing the chief executive officer's functions, the chief executive officer must have regard to— (a) the needs and views of patients and other users of the health services that the multi purpose service provides and the community that the multi purpose service serves; and (b) the need to ensure that the multi purpose service uses its resources in an effective and efficient manner; and (c) the need to ensure that resources of the Victorian public health sector generally are used effectively and efficiently. S. 115K inserted by No. 99/1995 s. 6, repealed by No. 52/2004 s. 44. S. 115L inserted by No. 99/1995 s. 6. 115L Validity of acts or decisions An act or decision of a board of a multi purpose service is not invalid by reason only of— S. 115L(a) amended by No. 52/2017 s. 53(a). (a) a defect or irregularity in or in connection with the appointment of a director of the board; or S. 115L(b) amended by No. 52/2017 s. 53(b). S. 115M inserted by No. 99/1995 s. 6, amended by No. 46/1998 s. 7(Sch. 1), substituted by No. 52/2017 s. 54. 115M Multi purpose service must comply with directions of Secretary (1) For the purpose of carrying out functions and powers under this Act or for carrying out the objectives of this Act, the Secretary may give written directions to a multi purpose service in relation to all or any of the following matters— (a) the purposes of the multi purpose service, including those to which it must give priority; (b) the manner in which, and extent to which, the multi purpose service must provide training for persons engaged or intending to engage in health care; (c) the number and type of persons which the multi purpose service must employ or from whom it must obtain services and their conditions of employment or service; (d) the number and types of patients the multi purpose service must treat; (e) the facilities, services, equipment or supplies which the multi purpose service must or must not use; (f) the extent to which, and the conditions on which, the multi purpose service must make use of facilities, services, equipment or supplies provided by another multi purpose service; (g) the extent to which, and the conditions on which, the multi purpose service must allow another multi purpose service to make use of its facilities, services, equipment or supplies; (h) the extent to which, and the conditions on which, a multi purpose service is required to obtain or purchase facilities, services, equipment or supplies provided by another multi purpose service or another person or body; (i) a requirement that a multi purpose service appoint HPV as its agent for the purposes of obtaining or purchasing goods and services and the conditions on which the appointment is to be made; (j) a requirement that a multi purpose service provide the Secretary specified information by a specified date and in the specified manner to ensure that the objectives of the Act are being met; (k) the manner in which, and extent to which, the admission of patients, patient care and treatment must be coordinated between multi purpose services, hospitals, supported residential services, registered funded agencies and health service establishments; (l) the accounts and records which must be kept by the multi purpose service and the returns and other information which must be supplied to the Secretary; (m) the inspection of its facilities and its accounts and records by the Secretary; (n) the carrying out of audits for case mix funding purposes; (o) action to be taken to ensure that the health services provided are safe, patient-centred and appropriate; (p) action to be taken or avoided to enable the State to comply with the terms of any agreement made between it and the Commonwealth or any other State or a Territory. (2) A direction may be given generally in relation to multi purpose services or to a specified multi purpose service or class of multi purpose services. (3) The Secretary must ensure that a direction under subsection (1)(h) or (i) to a multi purpose service is not inconsistent with a HPV direction or a purchasing policy that applies to the multi purpose service. (4) The Secretary must give a copy of a direction under this section to each multi purpose service to which it applies. (5) The board of a multi purpose service must comply with a direction under this section that applies to that multi purpose service. (6) A direction applying to a multi purpose service under this section has effect despite anything to the contrary in any health service agreement or interim funding statement having effect in relation to that multi purpose service. S. 115MA inserted by No. 52/2017 s. 54. 115MA Guidelines of Minister The Minister may publish in the Government Gazette guidelines relating to the role and procedure of boards of multi purpose services and how they may carry out their functions. S. 115MB inserted by No. 52/2017 s. 54. 115MB Appointment of delegate to board (1) The Minister may appoint not more than 2 delegates to the board of a multi purpose service if the Minister considers that such an appointment will assist the board to improve the performance of the multi purpose service or, in the case of a new multi purpose service, will assist the orderly establishment of the multi purpose service or the performance of the multi purpose service. (2) A delegate is not a director of the board of a multi purpose service. (3) In determining if an appointment of a delegate under subsection (1) will assist the board to improve the performance of the multi purpose service or, in the case of a new multi purpose service, will assist the orderly establishment of the multi purpose service or the performance of the multi purpose service, the Minister must have regard to— (a) the financial performance of the multi purpose service or the future financial performance of the new multi purpose service; and S. 115MB (3)(b) amended by No. 4/2022 s. 8. (b) the quality and safety of the health services provided by the multi purpose service or to be provided by the new multi purpose service, including compliance with the duty of candour; and (c) whether the multi purpose service is complying, or the new multi purpose service will comply, with the health service agreement to which it is a party; and (d) whether the board has requested such an appointment. (a) subject to subsections (7) and (8), holds office for the period specified in the instrument of appointment, being a period of not more than 12 months from the date of appointment; and (d) is in respect of the office of delegate subject to the **Public Administration Act 2004** (other than Part 3 of that Act). S. 115MC inserted by No. 52/2017 s. 54. 115MC Functions of delegate The functions of a delegate to the board of a multi purpose service are— (c) to advise the Minister and the Secretary on any matter relating to the multi purpose service or the board. S. 115MD inserted by No. 52/2017 s. 54. 115MD Obligations of board to delegate The board of a multi purpose service must— (a) permit a delegate appointed to the board to attend any meeting of the board or any meeting of its committees established or appointed; and (b) provide a delegate appointed to the board with information or a copy of any notice or other document provided to the directors of the board or to the members of any of the board's committees at the same time as the information, notice or other document is provided to the directors or members. S. 115N inserted by No. 99/1995 s. 6, amended by No. 66/1998 s. 16. 115N Rules of multi purpose service A multi purpose service must not— (a) change its name; or (b) change its objects; or (c) make, amend or alter its by-laws— without the approval in writing of the Secretary. S. 115NA inserted by No. 52/2017 s. 55. 115NA Strategic plans (1) The Secretary may direct the board of a multi purpose service— (a) to prepare a strategic plan for the operation of the multi purpose service; and S. 115NA(1)(b) amended by No. 4/2022 s. 30. (b) to submit the strategic plan to the Secretary for approval. (2) The board of a multi purpose service must comply with a direction of the Secretary under this section. (3) The Secretary may— (b) refuse to approve a strategic plan. (4) The board of a multi purpose service must advise the Secretary if it wishes to exercise its functions in a manner inconsistent with its approved strategic plan. S. 115O inserted by No. 99/1995 s. 6.