58Powers of Minister

58 Powers of Minister (1) If the Minister is satisfied that a registered funded agency— (b) is failing to provide an effective health service; or (c) has negligently failed to comply with a health service agreement or interim funding statement; or S. 58(1)(caa) inserted by No. 52/2017 s. 22. (caa) in the case of a public hospital, has failed— (i) to provide safe, patient-centred and appropriate health services; or (ii) to foster continuous improvement in the quality and safety of the care and health services it provides; or S. 58(1)(ca) inserted by No. 18/2001 s. 7. (ca) in the case of a public hospital, has failed to comply with an HPV direction or a purchasing policy that applies to the hospital; or S. 58(1)(cb) inserted by No. 52/2004 s. 18. (cb) in the case of a public health service— (i) has substantially failed to meet any of the objectives, priorities or key performance outcomes specified in its current statement of priorities under section 65ZFA or in its statements of priorities under section 65ZFA in relation to the last 2 financial years; and (ii) has failed to identify and adequately address any problems relating to the failure referred to in subparagraph (i) in a timely manner; or S. 58(1)(cc) inserted by No. 52/2004 s. 18. (cc) in the case of a public hospital or public health service, has failed to comply with a direction issued by the Minister under section 40B or 66A; or S. 58(1)(d) amended by No. 46/1998 s. 7(Sch. 1). (d) in the case of a public hospital or denominational hospital has failed to comply with a direction of the Secretary— the Minister may do any one or more of the following— (e) censure the agency in accordance with section 59; (f) except in the case of a denominational hospital— (i) direct that the admission of patients to the agency be suspended in accordance with section 60; or (ii) recommend to the Governor in Council that an administrator of the agency be appointed in accordance with section 61; or (iii) recommend to the Governor in Council that the agency be closed in accordance with section 62. (2) If the Minister is of the opinion that the closure of a registered funded agency is desirable for the purposes of implementing a scheme for the improvement of any local or State-wide health service, the Minister may recommend to the Governor in Council that the agency be closed in accordance with section 62.