710Appointment of administrator

710 Appointment of administrator

(1) On the recommendation of the Minister, the Governor in Council, by Order published in the Government Gazette, may appoint a person as administrator of a declared operator in relation to its provision of youth mental health and wellbeing services under a service agreement with Youth Mental Health and Wellbeing Victoria.

(2) The Minister must not make a recommendation under subsection (1) unless the Minister has given reasonable notice in the circumstances to the declared operator specifying in writing—

(a) the grounds on which the Minister intends to make a recommendation to appoint an administrator; and

(b) that the declared operator may apply in accordance with section 712 for review of the Minister's decision to make a recommendation to appoint an administrator.

(3) An administrator appointed under this section is taken to be—

(a) the board of directors of the declared operator to the extent that the Minister considers it necessary for the purpose of the declared operator providing youth mental health and wellbeing services under the service agreement; and

(b) the designated mental health service for the purpose of the declared operator providing youth mental health and wellbeing services under the service agreement.

(4) On the day on which an administrator is appointed under this section in respect of the part of the business of the company that provides youth mental health and wellbeing services as the declared operator, the members of the board of directors cease to constitute the board of directors to the extent that the administrator is taken to be the board of directors.

(5) If an administrator is appointed in respect of part of the business of the company that is the declared operator, the administrator and the board of directors must ensure that there is in place a process for consultation and decision making to enable the continuity of operation of the whole of the business of the company.

(6) The salary of the administrator and any expenses of the administrator necessarily incurred in an administration under this section are to be paid by the Health Secretary.

(7) Subject to subsection (8), on the recommendation of the Minister, the Governor in Council, by Order published in the Government Gazette, may extend the appointment of an administrator appointed under this section for a further period as is specified in the Order.

(8) Before making a recommendation under subsection (7), the Minister must give written notice to the declared operator of the Minister's intention to recommend the extension of the administrator's appointment.

(9) On the recommendation of the Minister, the Governor in Council, by Order published in the Government Gazette, may declare that on the day specified in the Order—