Proposal for amalgamation
64 Proposal for amalgamation
S. 64(1) amended by No. 46/1998 s. 7(Sch. 1), substituted by No. 52/2017 s. 24(1).
This section applies if the Secretary considers that—
the provision of health services by 2 or more registered funded agencies (none of which is a denominational hospital) may be more effective if the agencies were amalgamated; or
governance of the quality and safety of health services provided by 2 or more registered funded agencies (none of which is a denominational hospital) may be more effective if the agencies were amalgamated.
S. 64(1A) inserted by No. 52/2017 s. 24(1).
The Secretary must cause to be prepared a report outlining proposals and options for the more effective provision of health services or the more effective governance of the quality or safety of health services provided, as the case may be, including the proposal for amalgamation.
S. 64(2) amended by No. 52/2017 s. 24(2).
A proposal for amalgamation under subsection (1A) may be made in respect of—
two or more registered funded agencies of the kind mentioned in a paragraph of subsection (3); or
a combination of two or more agencies of any kind mentioned in subsection (3).
For the purposes of subsection (2), the kinds of registered funded agencies are—
an agency which is an unincorporated body;
an agency which is incorporated under this Act;
S. 64(3)(c) amended by No. 20/2012 s. 226(Sch. 5 item 15(3)).
an agency which is an incorporated association under the Associations Incorporation Reform Act 2012;
S. 64(3)(d) substituted by No. 44/2001 s. 3(Sch. item 61.5).
an agency that is a company within the meaning of the Corporations Act that is taken to be registered in Victoria.
S. 64(4) amended by Nos 46/1998 s. 7(Sch. 1), 52/2017 s. 24(2).
The Secretary must cause copies of each report under subsection (1A)—
to be given to each registered funded agency concerned; and
to be made available on request to members of the public.
S. 64(5) amended by No. 46/1998 s. 7(Sch. 1).
Any person may make submissions to the Secretary on the report before the expiration of the period specified in the report (not being less than 60 days after a copy is given to each registered funded agency concerned).
S. 64(6) amended by No. 46/1998 s. 7(Sch. 1).
If, after considering any submissions made to the Secretary on the report during the period referred to in subsection (5), the Secretary considers the proposal for amalgamation should be implemented in whole or in part, the Secretary must advise the Minister accordingly.
S. 64(7) amended by Nos 46/1998 s. 7(Sch. 1), 52/2017 s. 24(3).
The Secretary must not advise the Minister to implement the proposal for amalgamation in whole or in part unless the Secretary is satisfied that the amalgamation is likely to result in the more effective provision of health services, or the more effective governance of the quality or safety of health services provided, having regard to—
the possible benefits to Victoria in the form of improved health services throughout Victoria or in any part of Victoria; and
the possible economic consequences of amalgamation.
S. 64(8) inserted by No. 46/1995 s. 9, amended by No. 46/1998 s. 7(Sch. 1), repealed by No. 52/2017 s. 24(4).
* * * * *
S. 64A inserted by No. 112/1993 s. 8.
This Act’s bill:Second reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.