42Hospital must comply with directions of Secretary

42 Hospital must comply with directions of Secretary S. 42(1) amended by No. 46/1998 s. 7(Sch. 1) (as amended by No. 12/1999 s. 3(Sch. 1 item 14)). (1) The Secretary, for the purpose of carrying out functions and powers under this Act or for carrying out the objectives of this Act, may in writing give directions to a public hospital or denominational hospital in relation to all or any of the following matters— (a) the purposes which the hospital should serve or refrain from serving and those to which it should give priority; (b) the manner in which and extent to which the hospital should provide training for persons engaged or intending to engage in health care; (c) the number and type of persons which the hospital should employ or from whom it should obtain services and their conditions of employment or service; S. 42(1)(ca) inserted by No. 8/2020 s. 4(1). (ca) the requirements for specified persons, or a specified class of persons, employed or engaged by the hospital to be vaccinated against or prove immunity to specified diseases, including the consequences of non‑compliance for those persons as employees or persons engaged by the hospital; (d) the number and types of patients the hospital should treat; S. 42(1)(e) amended by No. 39/2000 s. 7(a). (e) the facilities, services, equipment or supplies which the hospital should employ or should refrain from employing; S. 42(1)(f) amended by No. 39/2000 s. 7(b). (f) the extent to which and the conditions on which the hospital should make use of facilities, services, equipment or supplies provided by another hospital or should allow another hospital to make use of its facilities, services, equipment or supplies; S. 42(1)(fa) inserted by No. 39/2000 s. 7(c). (fa) the extent to which and the conditions on which a hospital is required to obtain or purchase facilities, services, equipment or supplies provided by another hospital or another person or body; S. 42(1)(fb) inserted by No. 18/2001 s. 6(1). (fb) a requirement that a public hospital 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; S. 42(1)(g) amended by No. 49/2010 s. 222. (g) the manner in which, and extent to which, the admission of patients, patient care and treatment should be co-ordinated between hospitals, supported residential services, registered funded agencies and health service establishments; S. 42(1)(h) amended by No. 46/1998 s. 7(Sch. 1) (as amended by No. 12/1999 s. 3(Sch. 1 item 14)). (h) the accounts and records which should be kept by the hospital and the returns and other information which should be supplied to the Secretary; S. 42(1)(i) amended by No. 46/1998 s. 7(Sch. 1) (as amended by No. 12/1999 s. 3(Sch. 1 item 14)). (i) the inspection of its facilities and its accounts and records by the Secretary; S. 42(1)(ia) inserted by No. 112/1993 s. 7. (ia) the carrying out of audits for case mix funding purposes; S. 42(1)(ib) inserted by No. 52/2017 s. 21. (ib) action to be taken to ensure that the health services provided are safe, patient-centred and appropriate; S. 42(1)(ic) inserted by No. 52/2017 s. 21. (ic) a requirement that the hospital 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; (j) action to be taken or avoided to enable the State to comply with the terms of any agreement made between it and the Commonwealth of Australia or any other State. (2) A direction may be given generally or in relation to public hospitals, denominational hospitals or a specified hospital or class of hospitals. S. 42(2A) inserted by No. 18/2001 s. 6(2). (2A) The Secretary must ensure that a direction under subsection (1)(fa) to a public hospital is not inconsistent with an HPV direction or a purchasing policy that applies to the public hospital. S. 42(2B) inserted by No. 8/2020 s. 4(2). (2B) A direction under subsection (1)(ca), or compliance by a hospital or a person with that direction, does not constitute discrimination on the basis of political belief or activity or religious belief or activity for the purposes of the **Equal Opportunity Act 2010**. S. 42(3) amended by No. 46/1998 s. 7(Sch. 1). (3) The Secretary must give a copy of a direction under this section to each public hospital or denominational hospital to which it applies. (4) The board of a public hospital or denominational hospital must comply with a direction under this section that applies to that hospital. (5) A direction applying to a hospital 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 hospital. S. 43 substituted by No. 44/2001 s. 3(Sch. item 61.2).