Health Services Act 1988

accounting records includes invoices, receipts, orders for the payment of money, bills of exchange, cheques, promissory notes, vouchers and other documents of prime entry and also includes such working papers and other documents as are necessary to explain the methods of calculations by which accounts are made up;

S. 3(1) def. of approved accreditation scheme inserted by No. 52/2017 s. 3(d).

approved accreditation scheme means an accreditation scheme approved under section 107;

S. 3(1) def. of authorised officer amended by Nos 68/1996 s. 19(a), 46/1998 s. 7(Sch. 1).

authorised officer means a person appointed by the Secretary for the purposes of this Act;

S. 3(1) def. of authorised quality and safety officer inserted by No. 4/2022 s. 4.

authorised quality and safety officer means an officer appointed under section 121;

S. 3(1) def. of Board in Part 6A inserted by No. 52/2017 s. 3(d).

Board in Part 6A means the Better Care Victoria Board established under that Part;

board in relation to an agency means the committee of management or governing body (by whatever name called) of the agency;

S. 3(1) def. of by-law substituted by No. 53/1990 s. 4(a), amended by No. 99/1995 s. 5(a).

by-law—

S. 3(1) def. of Chief General Manager substituted by No. 46/1995 s. 4(a), repealed by No. 46/1998 s. 7(Sch. 1).

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S. 3(1) def. of Chief Health Officer inserted by No. 4/2022 s. 4.

Chief Health Officer has the same meaning as in the Public Health and Wellbeing Act 2008;

S. 3(1) def. of chief psychiatrist inserted by No. 4/2022 s. 4.

chief psychiatrist has the same meaning as in the Mental Health Act 2014;

S. 3(1) def. of Chief Quality and Safety Officer inserted by No. 4/2022 s. 4.

Chief Quality and Safety Officer means the person appointed as Chief Quality and Safety Officer under section 116;

S. 3(1) def. of clinical area inserted by No. 52/2017 s. 3(d).

clinical area, in relation to premises registered as a health service establishment, means an area of the premises where health services are provided and includes an equipment sterilisation area;

S. 3(1) def. of close associate inserted by No. 55/2006 s. 4(1), repealed by No. 49/2010 s. 219(a).

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S. 3(1) def. of community health centre repealed by No. 79/2008 s. 6(1)(a).

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S. 3(1) def. of Council inserted by No. 17/2011 s. 3, repealed by No. 52/2017 s. 3(a).

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S. 3(1) def. of day procedure centre amended by Nos 99/1995 s. 12, 52/2017 s. 3(b).

day procedure centre means premises where—

but does not include a public hospital, denominational hospital or private hospital;

S. 3(1) def. of declared operator inserted by No. 39/2022 s. 832(a).

declared operator has the same meaning as in section 3(1) of the Mental Health and Wellbeing Act 2022;

denominational hospital means—

as the case requires;

S. 3(1) def. of dentist repealed by No. 26/1999 s. 107(Sch. item 4).

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S. 3(1) def. of Department amended by Nos 42/1993 s. 19, 46/1998 s. 7(Sch. 1), 29/2010 s. 58(a), 8/2020 s. 3, 39/2024 s. 115(1)(a).

Department means the Department of Health;

S. 3(1) def. of designated public hospital amended by No. 68/1996 s. 19(b).

designated public hospital means a public hospital or privately-operated hospital in respect of which a declaration under section 7 is in force;

S. 3(1) def. of domestic partner inserted by No. 18/2004 s. 4(b), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 30.1).

domestic partner of a person means—

S. 3(1) def. of enforceable undertaking inserted by No. 39/2024 s. 92.

enforceable undertaking means an undertaking given by a regulated person under section 134ZDM;

S. 3(1) def. of enforceable undertaking order inserted by No. 39/2024 s. 92.

enforceable undertaking order means an order made by the Magistrates' Court under section 134ZDR;

S. 3(1) def. of former agency inserted by No. 66/1998 s. 4, amended by Nos 39/2000 s. 4(2)(a)(b), 52/2004 s. 4(b).

former agency means—

but the incorporation of which was cancelled or dissolved or which ceased to exist—

S. 3(1) def. of goods and services inserted by No. 18/2001 s. 4.

goods and services includes facilities, equipment and supplies;

S. 3(1) def. of health or related service inserted by No. 18/2001 s. 4, amended by Nos 8/2013 s. 3, 22/2014 s. 4, 39/2022 s. 832(b).

health or related service, in Part 6, means—

health service agreement means an agreement entered into under section 26;

S. 3(1) def. of health service entity inserted by No. 4/2022 s. 4, amended by No. 39/2024 ss 115(1)(b), 116.

health service entity means—

S. 3(1) def. of health service establishment amended by Nos 88/1994 s. 5(a), 49/2010 s. 219(b), 52/2017 s. 3(c).

health service establishment means—

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S. 3(1) def. of health service establishment premises guidelines inserted by No. 52/2017 s. 3(d).

health service establishment premises guidelines means guidelines approved under section 106;

S. 3(1) def. of hostel substituted by No. 88/1994 s. 5(b), repealed by No. 73/1997 s. 4(a).

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S. 3(1) def. of HPV inserted by No. 18/2001 s. 4.

HPV means Health Purchasing Victoria established by section 129;

S. 3(1) def. of HPV direction inserted by No. 18/2001 s. 4.

HPV direction means a direction given by HPV under section 132(2)(c);

S. 3(1) def. of improvement notice inserted by No. 39/2024 s. 92.

improvement notice means a notice given under section 134ZDA;

S. 3(1) def. of information or document production notice inserted by No. 39/2024 s. 92.

information or document production notice means a notice given under section 134ZDT;

interim funding statement means a statement issued under section 27;

S. 3(1) def. of medical practitioner repealed by No. 23/1994 s. 118(Sch. 1 item 25.1(a)).

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S. 3(1) def. of metropolitan health service inserted by No. 39/2000 s. 4(1), repealed by No. 52/2004 s. 4(a).

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S. 3(1) def. of metropolitan hospital inserted by No. 46/1995 s. 4(b).

metropolitan hospital means—

as the case requires;

S. 3(1) def. of multi purpose service inserted by No. 99/1995 s. 5(b), amended by No. 34/2019 s. 55.

multi purpose service means—

S. 3(1) def. of next of kin inserted by No. 55/2006 s. 4(1).

next of kin includes a domestic partner;

S. 3(1) def. of nursing home amended by No. 88/1994 s. 5(c), repealed by No. 73/1997 s. 4(a).

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S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 78.1).

police officer has the same meaning as in the Victoria Police Act 2013;

S. 3(1) def. of private hospital amended by Nos 68/1996 s. 19(c), 73/1997 s. 4(b).

private hospital means premises where persons are provided with health services of a prescribed kind or kinds and for which a charge is made and includes a privately-operated hospital but does not include—

S. 3(1) def. of privately-operated hospital inserted by No. 68/1996 s. 19(d).

privately-operated hospital means—

as the case requires;

S. 3(1) def. of prohibition notice inserted by No. 39/2024 s. 92.

prohibition notice means a notice given under section 134ZDG;

proprietor in relation to a health service establishment means—

S. 3(1) def. of protected quality and safety review inserted by No. 4/2022 s. 4.

protected quality and safety review means a quality and safety review which is designated as a protected quality and safety review by the Chief Quality and Safety Officer under section 124(3)(a)(ii);

S. 3(1) def. of Public Advocate amended by Nos 1/1989 s. 4(b), 52/1998 s. 311(Sch. 1 item 36.1), substituted by No. 13/2019 s. 221(Sch. 1 item 20.1(a)).

Public Advocate has the same meaning as in the Guardianship and Administration Act 2019;

S. 3(1) def. of public health service inserted by No. 52/2004 s. 4(c).

public health service means—

as the case requires;

S. 3(1) def. of public hospital substituted by No. 46/1995 s. 4(c), amended by No. 39/2000 s. 4(3)(a)(b), substituted by No. 52/2004 s. 4(d).

public hospital means—

as the case requires;

S. 3(1) def. of purchasing policy inserted by No. 18/2001 s. 4.

purchasing policy means a purchasing policy made by HPV under section 134;

S. 3(1) def. of quality and safety review inserted by No. 4/2022 s. 4.

quality and safety review means a review of a health service entity conducted by the Chief Quality and Safety Officer under section 124 and includes—

S. 3(1) def. of region repealed by No. 26/2014 s. 455 (Sch. item 36).

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S. 3(1) def. of registered community health centre inserted by No. 79/2008 s. 6(1)(b).

registered community health centre means a community health centre registered under Division 6 of Part 3;

S. 3(1) def. of registered funded agency amended by Nos 88/1994 s. 5(d), 73/1997 s. 4(c), 52/2004 s. 4(e), 79/2008 s. 6(1)(c).

registered funded agency means—

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S. 3(1) def. of registered medical practitioner inserted by No. 23/1994 s. 118(Sch. 1 item 25.1(b)), amended by No. 97/2005 s. 182(Sch. 4 item 27), substituted by No. 13/2010 s. 51(Sch. item 29).

registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);

S. 3(1) def. of regulated person inserted by No. 39/2024 s. 92.

regulated person means a person who is—

S. 3(1) def. of related body corporate inserted by No. 55/2006 s. 4(1), repealed by No. 49/2010 s. 219(c).

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representative has the same meaning as in Part IVA of the Medical Practitioners Act 1970;

S. 3(1) def. of residential care service inserted by No. 73/1997 s. 4(d).

residential care service means premises where accommodation and personal care or nursing care or both personal care and nursing care are provided to a person in respect of whom a residential care subsidy or a flexible care subsidy is payable under an Act of the Commonwealth;

S. 3(1) def. of resident's administrator inserted by No. 18/2004 s. 4(b).

resident's administrator means the resident's attorney appointed under a power of attorney or an enduring power of attorney to administer the resident's property or a person appointed by a court or tribunal as the administrator of the resident's property;

S. 3(1) def. of resident's guardian inserted by No. 18/2004 s. 4(b), substituted by No. 13/2019 s. 221(Sch. 1 item 20.1(b)).

resident's guardian means the resident's guardian appointed under the Guardianship and Administration Act 2019 or appointed by a court;

S. 3(1) def. of SAPSE review inserted by No. 4/2022 s. 4.

SAPSE review means a review of a serious adverse patient safety event conducted in accordance with Division 8 of Part 5A;

S. 3(1) def. of Secretary inserted by No. 46/1998 s. 7(Sch. 1), substituted by No. 29/2010 s. 58(b).

Secretary means the Department Head (within the meaning of the Public Administration Act 2004) of the Department;

senior available next of kin has the same meaning as in the Human Tissue Act 1982;

S. 3(1) def. of serious adverse patient safety event inserted by No. 4/2022 s. 4.

serious adverse patient safety event means an event of a prescribed class or category that results in harm to one or more individuals;

S. 3(1) def. of serious risk to patient health or safety inserted by No. 52/2017 s. 3(d).

serious risk to patient health or safety means there is a high probability of a substantial adverse impact on the health or safety of a patient;

S. 3(1) def. of special or personal care amended by No. 18/2004 s. 4(a)(i)(ii), repealed by No. 49/2010 s. 219(c).

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S. 3(1) def. of spouse inserted by No. 55/2006 s. 4(1), repealed by No. 49/2010 s. 219(c).

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S. 3(1) def. of standard quality and safety review inserted by No. 4/2022 s. 4.

standard quality and safety review means a quality and safety review that is not a protected quality and safety review;

S. 3(1) def. of state funded nursing home repealed by No. 73/1997 s. 4(e).

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S. 3(1) def. of State funded residential care service inserted by No. 73/1997 s. 4(e).

State funded residential care service means premises in respect of which a declaration under section 6 is in force;

S. 3(1) def. of successor agency inserted by No. 66/1998 s. 4, amended by No. 39/2000 s. 4(4).

successor agency, in relation to a former agency, means a body that is by force of a provision of this Act or of the Hospitals and Charities Act 1958 or any previous enactment corresponding to that Act—

whether as a result of the body—

S. 3(1) def. of supported residential service amended by Nos 53/1990 s. 4(b), 73/1997 s. 4(f), 55/2006 s. 4(2), substituted by No. 49/2010 s. 219(d), amended by No. 37/2021 s. 394(1).

supported residential service has the same meaning as it has in the Social Services Regulation Act 2021;

S. 3(1) def. of trust inserted by No. 66/1998 s. 4, amended by Nos 39/2000 s. 4(5)(a)–(c), 52/2004 s. 4(f).

trust, in relation to a body that is—

means—

whether by deed, will or otherwise to, or in favour of, for the use of, or for the purposes of, the body or under its terms capable of being given to, or applied in favour of, for the use of, or for the purposes of, the body;

S. 3(1) def. of Victorian Electoral Commission inserted by No. 23/2002 s. 194(1).

Victorian Electoral Commission means the Victorian Electoral Commission established under section 6 of the Electoral Act 2002;

S. 3(1) def. of Victorian Institute of Forensic Mental Health inserted by No. 39/2022 s. 832(a).

Victorian Institute of Forensic Mental Health means the Victorian Institute of Forensic Mental Health established under section 610 of the Mental Health and Wellbeing Act 2022;

visitor means a community (residential services) visitor appointed under Part 5;

S. 3(1) def. of Youth Mental Health and Wellbeing Victoria inserted by No. 39/2022 s. 832(a).

Youth Mental Health and Wellbeing Victoria has the same meaning as in section 3(1) of the Mental Health and Wellbeing Act 2022.

S. 3(2) inserted by No. 46/1998 s. 7(Sch. 1), amended by Nos 108/2004 s. 117(1) (Sch. 3 item 96.1), 39/2024 s. 115(2).

S. 3(3) inserted by No. 55/2006 s. 4(3), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 30.2).

S. 4 amended by Nos 52/2017 s. 4, 4/2022 s. 31.