3Definitions

3 Definitions (1) In this Act— ***accounting records*** includes invoices, receipts, orders for the payment of money, bills of exchange, cheques, promissory notes, vouchers and other documents of prime entry and also includes such working papers and other documents as are necessary to explain the methods of calculations by which accounts are made up; S. 3(1) def. of *approved accreditation scheme* inserted by No. 52/2017 s. 3(d). ***approved accreditation scheme*** means an accreditation scheme approved under section 107; S. 3(1) def. of *authorised officer* amended by Nos 68/1996 s. 19(a), 46/1998 s. 7(Sch. 1). ***authorised officer*** means a person appointed by the Secretary for the purposes of this Act; S. 3(1) def. of *authorised quality and safety officer* inserted by No. 4/2022 s. 4. ***authorised quality and safety officer*** means an officer appointed under section 121; S. 3(1) def. of *Board* in Part 6A inserted by No. 52/2017 s. 3(d). ***Board*** in Part 6A means the Better Care Victoria Board established under that Part; ***board*** in relation to an agency means the committee of management or governing body (by whatever name called) of the agency; S. 3(1) def. of *by-law* substituted by No. 53/1990 s. 4(a), amended by No. 99/1995 s. 5(a). ***by-law***— (i) in relation to a health service establishment or registered funded agency that is a corporation with articles of association, means the corporation's articles of association; and (ii) in relation to any other health service establishment or registered funded agency or a multi purpose service, means a principal regulatory instrument made by the establishment or agency or a multi purpose service but does not include rules made under a principal regulatory instrument; S. 3(1) def. of *Chief General Manager* substituted by No. 46/1995 s. 4(a), repealed by No. 46/1998 s. 7(Sch. 1). S. 3(1) def. of *Chief Health Officer* inserted by No. 4/2022 s. 4. ***Chief Health Officer*** has the same meaning as in the **Public Health and Wellbeing Act 2008**; S. 3(1) def. of *chief psychiatrist* inserted by No. 4/2022 s. 4. ***chief psychiatrist*** has the same meaning as in the **Mental Health Act 2014**; S. 3(1) def. of *Chief Quality and Safety Officer* inserted by No. 4/2022 s. 4. ***Chief Quality and Safety Officer*** means the person appointed as Chief Quality and Safety Officer under section 116; S. 3(1) def. of *clinical area* inserted by No. 52/2017 s. 3(d). ***clinical area***, in relation to premises registered as a health service establishment, means an area of the premises where health services are provided and includes an equipment sterilisation area; S. 3(1) def. of *close associate* inserted by No. 55/2006 s. 4(1), repealed by No. 49/2010 s. 219(a). S. 3(1) def. of *community health centre* repealed by No. 79/2008 s. 6(1)(a). S. 3(1) def. of *Council* inserted by No. 17/2011 s. 3, repealed by No. 52/2017 s. 3(a). S. 3(1) def. of *day procedure centre* amended by Nos 99/1995 s. 12, 52/2017 s. 3(b). ***day procedure centre*** means premises where— (a) an activity carried on is the provision of health services of a prescribed kind or kinds and for which a charge is made; and (b) persons to whom treatment of that kind or those kinds is provided are reasonably expected to be admitted and discharged on the same date— but does not include a public hospital, denominational hospital or private hospital; S. 3(1) def. of *declared operator* inserted by No. 39/2022 s. 832(a). ***declared operator*** has the same meaning as in section 3(1) of the **Mental Health and Wellbeing Act 2022**; ***denominational hospital*** means— (a) a hospital listed in Schedule 2; or (b) premises occupied by such a hospital— S. 3(1) def. of *dentist* repealed by No. 26/1999 s. 107(Sch. item 4). S. 3(1) def. of *Department* amended by Nos 42/1993 s. 19, 46/1998 s. 7(Sch. 1), 29/2010 s. 58(a), 8/2020 s. 3, 39/2024 s. 115(1)(a). ***Department*** means the Department of Health; S. 3(1) def. of *designated public hospital* amended by No. 68/1996 s. 19(b). ***designated public hospital*** means a public hospital or privately-operated hospital in respect of which a declaration under section 7 is in force; S. 3(1) def. of *domestic partner* inserted by No. 18/2004 s. 4(b), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 30.1). ***domestic partner*** of a person means— (a) a person who is in a registered relationship with the person; or (b) an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person— (i) for fee or reward; or (ii) on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation); S. 3(1) def. of *enforceable undertaking* inserted by No. 39/2024 s. 92. ***enforceable undertaking*** means an undertaking given by a regulated person under section 134ZDM; S. 3(1) def. of *enforceable undertaking order* inserted by No. 39/2024 s. 92. ***enforceable undertaking order*** means an order made by the Magistrates' Court under section 134ZDR; S. 3(1) def. of *former agency* inserted by No. 66/1998 s. 4, amended by Nos 39/2000 s. 4(2)(a)(b), 52/2004 s. 4(b). ***former agency*** means— (a) a body that was at any time— (i) a registered funded agency; or (ii) a multi purpose service; or (iii) a body declared to be a multi purpose service under section 115A(1) or deemed by force of section 115V(2) to have been so declared; or (iv) an incorporated institution or a separate institution within the meaning of the **Hospitals and Charities Act 1958** or any corresponding previous enactment— but the incorporation of which was cancelled or dissolved or which ceased to exist— (v) by force of an Order made under section 115A of this Act; or (vi) by force of section 115V(2) of this Act; or (vii) on its amalgamation or aggregation with another body by force of a provision of this Act or of the **Hospitals and Charities Act 1958** or any previous enactment corresponding to that Act; or (viii) by force of section 195 of this Act; or (b) the Cancer Institute or the Cancer Institute Board under Part II of the **Cancer Act 1958** as in force immediately before 14 May 1989; or (ba) a metropolitan health service; or (bb) a public hospital that on or after 1 July 2004 becomes a public health service; or (bc) a public hospital that on the effective date of an Order under section 239 becomes a public health service; or (bd) a transferring agency by virtue of an Order under section 248; or (c) a metropolitan hospital designated in an Order under section 215. S. 3(1) def. of *goods and services* inserted by No. 18/2001 s. 4. ***goods and services*** includes facilities, equipment and supplies; S. 3(1) def. of *health or related service* inserted by No. 18/2001 s. 4, amended by Nos 8/2013 s. 3, 22/2014 s. 4, 39/2022 s. 832(b). ***health or related service***, in Part 6, means— (a) a registered funded agency, multi purpose service or health service establishment; or (ab) a registered community health centre; or (ac) a women's health service listed in Schedule 6; or (b) any other person, body or organisation that provides, delivers, funds, facilitates access or provides insurance in relation to health services, being services that include, but are not limited to— (i) aged care services; or (ii) palliative care services; or (iii) disability services; or (iv) pharmaceutical services; or (v) ambulance services; or (vi) health services in association with correctional services; or (vii) residential care services; or (c) the Victorian Institute of Forensic Mental Health; or (ca) Youth Mental Health and Wellbeing Victoria; or (d) any other prescribed health or related service; ***health service agreement*** means an agreement entered into under section 26; S. 3(1) def. of *health service entity* inserted by No. 4/2022 s. 4, amended by No. 39/2024 ss 115(1)(b), 116. ***health service entity*** means— (a) a public health service; or (b) a public hospital; or (c) a multi purpose service; or (d) a denominational hospital; or (e) a private hospital; or (f) a day procedure centre; or (g) an ambulance service within the meaning of the **Ambulance Services Act 1986**; or (h) a non-emergency patient transport service within the meaning of the **Non‑Emergency Patient Transport and First Aid Services Act 2003** that is licensed under that Act; or (ha) Youth Mental Health and Wellbeing Victoria; or (i) the Victorian Institute of Forensic Mental Health; or (j) a prescribed entity that provides health services; S. 3(1) def. of *health service establishment* amended by Nos 88/1994 s. 5(a), 49/2010 s. 219(b), 52/2017 s. 3(c). ***health service establishment*** means— (a) a day procedure centre; or (b) a premises at which, or from which, a prescribed health service is provided; or; (d) a private hospital; S. 3(1) def. of *health service establishment premises guidelines* inserted by No. 52/2017 s. 3(d). ***health service establishment premises guidelines*** means guidelines approved under section 106; S. 3(1) def. of *hostel* substituted by No. 88/1994 s. 5(b), repealed by No. 73/1997 s. 4(a). S. 3(1) def. of *HPV* inserted by No. 18/2001 s. 4. ***HPV*** means Health Purchasing Victoria established by section 129; S. 3(1) def. of *HPV direction* inserted by No. 18/2001 s. 4. ***HPV direction*** means a direction given by HPV under section 132(2)(c); S. 3(1) def. of *improvement notice* inserted by No. 39/2024 s. 92. ***improvement notice*** means a notice given under section 134ZDA; S. 3(1) def. of *information or document production notice* inserted by No. 39/2024 s. 92. ***information or document production notice*** means a notice given under section 134ZDT; ***interim funding statement*** means a statement issued under section 27; S. 3(1) def. of *medical practitioner* repealed by No. 23/1994 s. 118(Sch. 1 item 25.1(a)). S. 3(1) def. of *metropolitan health service* inserted by No. 39/2000 s. 4(1), repealed by No. 52/2004 s. 4(a). S. 3(1) def. of *metropolitan hospital* inserted by No. 46/1995 s. 4(b). ***metropolitan hospital*** means— (a) a hospital listed in Schedule 3; or (b) premises occupied by such a hospital— S. 3(1) def. of *multi purpose service* inserted by No. 99/1995 s. 5(b), amended by No. 34/2019 s. 55. ***multi purpose service*** means— (a) a body referred to in section 115V(2); or (b) a body declared under Part 4A to be a multi purpose service; or (c) a body listed in Schedule 1A; S. 3(1) def. of *next of kin* inserted by No. 55/2006 s. 4(1). ***next of kin*** includes a domestic partner; S. 3(1) def. of *nursing home* amended by No. 88/1994 s. 5(c), repealed by No. 73/1997 s. 4(a). S. 3(1) def. of *police officer* inserted by No. 37/2014 s. 10(Sch. item 78.1). ***police officer*** has the same meaning as in the **Victoria Police Act 2013**; S. 3(1) def. of *private hospital* amended by Nos 68/1996 s. 19(c), 73/1997 s. 4(b). ***private hospital*** means premises where persons are provided with health services of a prescribed kind or kinds and for which a charge is made and includes a privately-operated hospital but does not include— (a) a public hospital or denominational hospital; or (b) a day procedure centre; or (c) a residential care service; S. 3(1) def. of *privately-operated hospital* inserted by No. 68/1996 s. 19(d). ***privately-operated hospital*** means— (a) a hospital within the meaning of Part 3A listed in Schedule 4; or (b) premises occupied by such a hospital listed in Schedule 4— S. 3(1) def. of *prohibition notice* inserted by No. 39/2024 s. 92. ***prohibition notice*** means a notice given under section 134ZDG; ***proprietor*** in relation to a health service establishment means— (a) in the case of a not-for-profit establishment, the authority or body of persons conducting the establishment; and (b) in any other case, the owner (whether a natural person or a corporation) of the business or undertaking carried on at the establishment; S. 3(1) def. of *protected quality and safety review* inserted by No. 4/2022 s. 4. ***protected quality and safety review*** means a quality and safety review which is designated as a protected quality and safety review by the Chief Quality and Safety Officer under section 124(3)(a)(ii); S. 3(1) def. of *Public Advocate* amended by Nos 1/1989 s. 4(b), 52/1998 s. 311(Sch. 1 item 36.1), substituted by No. 13/2019 s. 221(Sch. 1 item 20.1(a)). ***Public Advocate*** has the same meaning as in the **Guardianship and Administration Act 2019**; S. 3(1) def. of *public health service* inserted by No. 52/2004 s. 4(c). ***public health service*** means— (a) a public health service listed in Schedule 5; or (b) premises occupied by a public health service listed in Schedule 5— S. 3(1) def. of *public hospital* substituted by No. 46/1995 s. 4(c), amended by No. 39/2000 s. 4(3)(a)(b), substituted by No. 52/2004 s. 4(d). ***public hospital*** means— (a) a hospital listed in Schedule 1; or (b) except in Division 4 of Part 3 and Parts 12 and 13, a public health service; or (c) premises occupied by a hospital listed in Schedule 1 or, except in Division 4 of Part 3 and Parts 12 and 13, by a public health service— S. 3(1) def. of *purchasing policy* inserted by No. 18/2001 s. 4. ***purchasing policy*** means a purchasing policy made by HPV under section 134; S. 3(1) def. of *quality and safety review* inserted by No. 4/2022 s. 4. ***quality and safety review*** means a review of a health service entity conducted by the Chief Quality and Safety Officer under section 124 and includes— (a) a standard quality and safety review; and (b) a protected quality and safety review; S. 3(1) def. of *region* repealed by No. 26/2014 s. 455 (Sch. item 36). S. 3(1) def. of *registered community health centre* inserted by No. 79/2008 s. 6(1)(b). ***registered community health centre*** means a community health centre registered under Division 6 of Part 3; S. 3(1) def. of *registered funded agency* amended by Nos 88/1994 s. 5(d), 73/1997 s. 4(c), 52/2004 s. 4(e), 79/2008 s. 6(1)(c). ***registered funded agency*** means— (b) a denominational hospital; or (ca) a public health service; or (d) any other agency registered or deemed to be registered under Division 2 of Part 3; or (e) a State funded residential care service; S. 3(1) def. of *registered medical practitioner* inserted by No. 23/1994 s. 118(Sch. 1 item 25.1(b)), amended by No. 97/2005 s. 182(Sch. 4 item 27), substituted by No. 13/2010 s. 51(Sch. item 29). ***registered medical practitioner*** means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); S. 3(1) def. of *regulated person* inserted by No. 39/2024 s. 92. ***regulated person*** means a person who is— (a) a proprietor of a health service establishment; or (b) the legal personal representative of a proprietor of a health service establishment to whom the Secretary has granted an application under section 97; S. 3(1) def. of *related body corporate* inserted by No. 55/2006 s. 4(1), repealed by No. 49/2010 s. 219(c). **** * * * **** ***representative*** has the same meaning as in Part IVA of the **Medical Practitioners Act 1970**; S. 3(1) def. of *residential care service* inserted by No. 73/1997 s. 4(d). ***residential care service*** means premises where accommodation and personal care or nursing care or both personal care and nursing care are provided to a person in respect of whom a residential care subsidy or a flexible care subsidy is payable under an Act of the Commonwealth; S. 3(1) def. of *resident's administrator* inserted by No. 18/2004 s. 4(b). ***resident's administrator*** means the resident's attorney appointed under a power of attorney or an enduring power of attorney to administer the resident's property or a person appointed by a court or tribunal as the administrator of the resident's property; S. 3(1) def. of *resident's guardian* inserted by No. 18/2004 s. 4(b), substituted by No. 13/2019 s. 221(Sch. 1 item 20.1(b)). ***resident's guardian*** means the resident's guardian appointed under the **Guardianship and Administration Act 2019** or appointed by a court; S. 3(1) def. of *SAPSE review* inserted by No. 4/2022 s. 4. ***SAPSE review*** means a review of a serious adverse patient safety event conducted in accordance with Division 8 of Part 5A; S. 3(1) def. of *Secretary* inserted by No. 46/1998 s. 7(Sch. 1), substituted by No. 29/2010 s. 58(b). ***Secretary*** means the Department Head (within the meaning of the **Public Administration Act 2004**) of the Department; ***senior available next of kin*** has the same meaning as in the **Human Tissue Act 1982**; S. 3(1) def. of *serious adverse patient safety event* inserted by No. 4/2022 s. 4. ***serious adverse patient safety event*** means an event of a prescribed class or category that results in harm to one or more individuals; S. 3(1) def. of *serious risk to patient health* *or safety* inserted by No. 52/2017 s. 3(d). ***serious risk to patient health*** ***or safety*** means there is a high probability of a substantial adverse impact on the health or safety of a patient; S. 3(1) def. of *special or personal care* amended by No. 18/2004 s. 4(a)(i)(ii), repealed by No. 49/2010 s. 219(c). S. 3(1) def. of *spouse* inserted by No. 55/2006 s. 4(1), repealed by No. 49/2010 s. 219(c). S. 3(1) def. of *standard quality and safety review* inserted by No. 4/2022 s. 4. ***standard quality and safety review*** means a quality and safety review that is not a protected quality and safety review; S. 3(1) def. of *state funded nursing home* repealed by No. 73/1997 s. 4(e). S. 3(1) def. of *State funded residential care service* inserted by No. 73/1997 s. 4(e). ***State funded residential care service*** means premises in respect of which a declaration under section 6 is in force; S. 3(1) def. of *successor agency* inserted by No. 66/1998 s. 4, amended by No. 39/2000 s. 4(4). ***successor agency***, in relation to a former agency, means a body that is by force of a provision of this Act or of the **Hospitals and Charities Act 1958** or any previous enactment corresponding to that Act— (a) the successor, or deemed to be the successor, of the former agency (whether for all purposes or for the purposes of a trust in relation to a former agency); or (b) deemed to be the same body as the former agency (whether for all purposes or for the purposes only of a trust in relation to the former agency)— whether as a result of the body— (c) immediately succeeding the former agency; or (d) succeeding a body that had succeeded the former agency (immediately or otherwise) and regardless of the body's position in any such chain of succession; S. 3(1) def. of *supported residential service* amended by Nos 53/1990 s. 4(b), 73/1997 s. 4(f), 55/2006 s. 4(2), substituted by No. 49/2010 s. 219(d), amended by No. 37/2021 s. 394(1). ***supported residential service*** has the same meaning as it has in the **Social Services Regulation Act 2021**; S. 3(1) def. of *trust* inserted by No. 66/1998 s. 4, amended by Nos 39/2000 s. 4(5)(a)–(c), 52/2004 s. 4(f). ***trust***, in relation to a body that is— (a) aggregated or amalgamated at any time with another body by force of a provision of this Act or of the **Hospitals and Charities Act 1958** or any previous enactment corresponding to that Act; (aa) a transferring agency by virtue of an Order under section 248 or a former agency of such a body; or (ab) a metropolitan health service or a former agency of such a body; or (ac) a public hospital or a former agency of such a body; or (b) declared to be a multi purpose service under section 115A(1) or deemed by force of section 115V(2) to have been so declared; or (ba) a body the incorporation of which is cancelled by force of section 195; or (c) a former agency of such a body; or (ca) a metropolitan hospital designated in an Order under section 215— means— (d) a gift, disposition or trust of property made or declared, or deemed to have been made or declared; or (e) a trust fund created— whether by deed, will or otherwise to, or in favour of, for the use of, or for the purposes of, the body or under its terms capable of being given to, or applied in favour of, for the use of, or for the purposes of, the body; S. 3(1) def. of *Victorian Electoral Commission* inserted by No. 23/2002 s. 194(1). ***Victorian Electoral Commission*** means the Victorian Electoral Commission established under section 6 of the **Electoral Act 2002**; S. 3(1) def. of *Victorian Institute of Forensic Mental Health* inserted by No. 39/2022 s. 832(a). ***Victorian Institute of Forensic Mental Health*** means the Victorian Institute of Forensic Mental Health established under section 610 of the **Mental Health and Wellbeing Act 2022**; ***visitor*** means a community (residential services) visitor appointed under Part 5; S. 3(1) def. of *Youth Mental Health and Wellbeing Victoria* inserted by No. 39/2022 s. 832(a). ***Youth Mental Health and Wellbeing Victoria*** has the same meaning as in section 3(1) of the **Mental Health and Wellbeing Act 2022**. S. 3(2) inserted by No. 46/1998 s. 7(Sch. 1), amended by Nos 108/2004 s. 117(1) (Sch. 3 item 96.1), 39/2024 s. 115(2). (2) If under the **Public Administration Act 2004** the name of the Department of Health is changed, a reference in the definitions of ***Department*** and ***Secretary*** in subsection (1) to that Department must, from the date when the name is changed, be treated as a reference to the Department by its new name. S. 3(3) inserted by No. 55/2006 s. 4(3), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 30.2). (3) For the purposes of the definition of ***domestic partner*** in subsection (1)— (a) ***registered relationship*** has the same meaning as in the **Relationships Act 2008**; and (b) in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the **Relationships Act 2008** as may be relevant in a particular case; and (c) a person is not a domestic partner of another person only because they are co-tenants. S. 4 amended by Nos 52/2017 s. 4, 4/2022 s. 31.