VICIn ForceAct
Health Services Act 1988
115SClosure
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115S Closure
(1) If the Minister proposes that a multi purpose service should be closed, the Minister must cause a report of the proposal to be prepared and made available to persons who request it.
(2) A report under subsection (1) must include—
(a) a statement of the circumstances giving rise to the proposal; and
(b) a statement of any other available options in relation to continuing the services of the multi purpose service.
(3) The Minister, after consideration of any submissions made on a report under subsection (1) within 90 days after the report is made available to interested persons—
(a) must decide whether or not to recommend the closure of the multi purpose service; and
(b) must give notice in writing of his or her decision to the service.
(4) The Governor in Council, on the recommendation of the Minister, may by Order published in the Government Gazette direct that the multi purpose service be closed on and after the date fixed in the Order.
(5) If an Order is published under subsection (4)—
(a) the multi purpose service shall be closed subject to and in accordance with the directions contained in the Order; and
(b) except as otherwise provided in any service agreement—
(i) the property of the service becomes the property of the State and may be dealt with or disposed of accordingly; and
(ii) the liabilities of the service become liabilities of the State.
S. 115SA inserted by No. 52/2017 s. 57.
115SA Proposal for amalgamation
(1) This section applies if the Secretary considers that—
(a) the provision of health services by 2 or more bodies, each being a registered funded agency or a multi purpose service, may be more effective if the bodies were amalgamated; or
(b) governance of the quality and safety of health services provided by 2 bodies, each being a registered funded agency or a multi purpose service, may be more effective if the bodies were amalgamated.
(2) The Secretary must cause to be prepared a report outlining proposals and options for the more effective provision of health services or the more effective governance of the quality or safety of health services, as the case may be, including the proposal for amalgamation.
(3) The Secretary must cause copies of each report under subsection (2)—
(a) to be given to each body concerned; and
(b) to be made available on request to members of the public.
(4) Any person may make submissions to the Secretary on the report before the expiration of the period specified in the report (not being less than 60 days after a copy is given to each body concerned).
(5) If, after considering any submissions made to the Secretary on the report during the period referred to in subsection (4), the Secretary considers the proposal for amalgamation should be implemented in whole or in part, the Secretary must advise the Minister accordingly.
(6) The Secretary must not advise the Minister to implement the proposal for amalgamation in whole or in part unless the Secretary is satisfied that the amalgamation is likely to result in the more effective provision of health services, or the more effective governance of the quality or safety of health services, having regard to—
(a) the possible benefits to Victoria in the form of improved health services throughout Victoria or in any part of Victoria; and
(b) the possible economic consequences of amalgamation.
S. 115T (Heading) inserted by No. 52/2017 s. 58(1).
S. 115T inserted by No. 99/1995 s. 6.