69CMatters that may be included in agreement

69C Matters that may be included in agreement (1) An agreement under section 69B(1)(a) may provide for— (a) the design, construction, commissioning and ownership of the hospital; (b) the management and operation of the hospital; (c) the maintenance and repair of the hospital; (d) the services to be provided by the contractor to public hospital patients; (e) the fees, costs and charges to be paid to the contractor; (f) objectives and performance standards in relation to the provision of health services; (g) consultation by the contractor, as specified in the agreement, with a body representative of community views identified, or appointed or selected in the manner specified, in the agreement; (h) the submission of periodic reports in relation to the contractor's operations under the agreement; (i) the extent of indemnities by parties to the agreement; (j) the office the holder of which is to be the principal officer for the purposes of the application of the **Freedom of Information Act 1982** to the contractor as a provider of health services to public hospital patients; (k) the office the holder of which is to be the principal officer for the purposes of the application of the **Ombudsman Act 1973** to the contractor as a provider of health services to public hospital patients. (2) An agreement under section 69B(1), including an agreement under section 69B(1)(a), may contain— (a) a provision dealing with financial arrangements; (b) a provision specifying liabilities, risks and insurances; (c) a provision leaving any matter to be determined, approved or dispensed with by a specified person or body; (d) a provision providing for the assignment to the Minister, the Crown or any other person of any right or interest; (e) a provision providing for the creation of any security over property; (f) a provision providing for the Minister to delegate powers and functions under the agreement; (g) a provision providing for sub-contracting; (h) a provision requiring the provision by the contractor of a performance bond; (i) a provision providing for the suspension of obligations under the agreement in specified circumstances, except the obligations referred to in subsection (1)(i), (j) and (k); (j) a provision providing for— (i) the Minister, the Crown or any other person or body to take over, or nominate any other person or body to take over, rights or obligations under the agreement or any other agreement or under any transaction; (ii) the transfer of land to the Minister, the Crown or any other person or body in the circumstances set out in the agreement; (k) a provision providing for rights of access to the hospital; (l) any other provisions that are not inconsistent with this Act or the regulations. S. 69D inserted by No. 68/1996 s. 28.