Transitional
115V Transitional
In this section—
liabilities means all liabilities, duties and obligations, whether actual, contingent or prospective;
property means a legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description;
rights means all rights, powers, privileges and immunities, whether actual, contingent or prospective;
the appointed day means the day on which the Miscellaneous Acts (Health and Justice) Amendment Act 1995 comes into operation.
On the appointed day the following public hospitals are deemed to have been declared under section 115A(1) to be multi purpose services—
Far East Gippsland Health and Support Service
The Otway Health and Community Services
Upper Murray Health and Community Services.
The objects of a multi purpose service referred to in subsection (2) are its objects as existing immediately before the appointed day as altered or added to from time to time by the board of the service.
The by-laws of a multi purpose service referred to in subsection (2) are its by-laws as existing immediately before the appointed day as amended from time to time.
Each member of the board of a public hospital that on the appointed day becomes a multi purpose service continues as a member of the board of the multi purpose service for the remainder of the term of office specified in the instrument of his or her appointment.
On the coming into existence of a multi purpose service under this section—
all property and rights of the body it was before the appointed day, wherever located, vest in the multi purpose service; and
all liabilities of the body it was before the appointed day, wherever located, become liabilities of the multi purpose service; and
S. 115V(6)(c) amended by No. 66/1998 s. 11(6).
the multi purpose service becomes the successor in law of the body it was before the appointed day; and
S. 115V(6)(d) inserted by No. 66/1998 s. 11(6).
on and from the appointed day, the multi purpose service must be taken, for the purposes of any trust in relation to the body it was before the appointed day, to be the same body as that body; and
S. 115V(6)(e) inserted by No. 66/1998 s. 11(6).
without limiting the effect of paragraph (d), on and from the appointed day, an instrument creating a trust in relation to—
the body that the multi purpose service was before the appointed day; or
a former agency of which such a body is the successor agency—
continues to have effect according to its tenor as if the trust were in relation to the multi purpose service.
S. 115V(7) inserted by No. 66/1998 s. 11(7).
Subsection (6), as amended by section 11(6) of the Health Services (Further Amendment) Act 1998, has effect with respect to—
a declaration that is by force of subsection (2) of this section deemed to have been made; and
an instrument of a kind referred to in subsection (6)(e) of this section—
in the same way as it would if it had been in force as so amended at the time that the declaration was deemed to have been made and must be taken to have always had that effect on and from that time.
Pt 5A (Headings and ss 116–128ZI) inserted by No. 4/2022 s. 5.
Part 5A—Quality and safety
Division 1—Chief Quality and Safety Officer
New s. 116 inserted by No. 4/2022 s. 5.
This Act’s bill:Second reading speech
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