Mental Health and Wellbeing Act 2022
702Health Secretary may issue directions to Youth Mental Health and Wellbeing Victoria
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702 Health Secretary may issue directions to Youth Mental Health and Wellbeing Victoria
(1) The Health Secretary may issue written directions to Youth Mental Health and Wellbeing Victoria in relation to the following matters for the purpose of carrying out the Health Secretary's functions under this Act—
(a) the requirements for a specified person, or a specified class of person, employed or engaged by Youth Mental Health and Wellbeing Victoria to be vaccinated against or prove immunity to specific diseases, including the consequences of non‑compliance for that person as an employee or person engaged by Youth Mental Health and Wellbeing Victoria;
(b) the extent to which and the conditions on which Youth Mental Health and Wellbeing Victoria should make use of facilities, services, equipment or supplies provided by another entity, or should allow another entity to make use of its facilities, services, equipment or supplies;
(c) the extent to which and the conditions on which Youth Mental Health and Wellbeing Victoria is required to obtain or purchase facilities, services, equipment or supplies provided by another person or body;
(d) the accounts and records which should be kept by Youth Mental Health and Wellbeing Victoria and the returns and other information which should be supplied to the Health Secretary;
(e) the inspection of its facilities and its accounts and records by the Health Secretary;
(f) the carrying out of audits for case mix funding purposes;
(g) action to be taken to ensure that the mental health and wellbeing services provided through service agreements are safe, patient centred and appropriate;
(h) action to be taken or avoided to enable the State to comply with the terms of any agreement made between it and the Commonwealth or any other State.
(2) A direction issued under subsection (1)(a) and compliance by Youth Mental Health and Wellbeing Victoria 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.
(3) The Health Secretary must ensure that a direction issued under subsection (1)(c) to Youth Mental Health and Wellbeing Victoria is not inconsistent with a HPV direction or a purchasing policy that applies to Youth Mental Health and Wellbeing Victoria.
(4) The Health Secretary must give a copy of a direction issued under this section to Youth Mental Health and Wellbeing Victoria.
(5) The Youth Mental Health and Wellbeing Board must comply with a direction issued by the Health Secretary under this section.
(6) A direction issued by the Health Secretary under this section has effect despite anything to the contrary contained in any service agreement or interim funding statement in relation to Youth Mental Health and Wellbeing Victoria.