Victorian Current Acts Victorian Current ActsS.
35(1)
amended by No. 38/1998 s. 12(a), substituted by No. 51/2004
s. 17(1).
(1) On the recommendation of the Minister, the Governor in Council, by Order published in the Government Gazette, may appoint an administrator of an ambulance service if the Minister considers that the ambulance service—
(a) is inefficiently or incompetently managed; or
(b) is failing to provide an effective service; or
(c) has—
(i) substantially failed to meet any of the objectives, priorities or key performance outcomes specified in its current statement of priorities under section 22F or in its statements of priorities in relation to the last 2 financial years; and
(ii) failed to identify and adequately address any problems relating to the failure referred to in paragraph (c) in a timely manner; or
S. 35(1)(d) amended by No. 52/2017 s. 78(1).
(d) has failed to comply with a direction issued by the Minister under section 34B; or
S. 35(1)(e) inserted by No. 52/2017 s. 78(2).
(e) has failed to ensure that the ambulance service—
(i) provides safe, patient-centred and appropriate services; or
S. 35(1)(e)(ia) inserted by No. 4/2022 s. 17.
(ia) complies with the duty of candour under section 22I; or
(ii) fosters continuous improvement in the quality and safety of the care and services it provides.
S. 35(2) amended by No. 51/2004 s. 17(2).
(2) The directors of the board of the ambulance service cease to hold office upon the appointment of an administrator under this section.
S.
35(3)
amended by Nos 38/1998 s. 12(a), 51/2004 s. 17(3).
(3) An administrator appointed under this section is deemed to be the board of the ambulance service, and has all the functions, powers, immunities and duties of the board.
(4) The Governor in Council may, by Order published in the Government Gazette—
(a) remove an administrator and appoint another administrator; or
S. 35(4)(b) substituted by No. 51/2004 s. 17(4)(a).
(b) declare that the board of an ambulance service is to be re-established by the appointment of a board of directors; or
S. 35(4)(c) amended by No. 51/2004 s. 17(4)(b).
(c) declare that the administrator has ceased to be the administrator and that the board of directors has been re-established.
(5) The powers and duties of an administrator cease upon the publication of an Order under subsection (4)(c).
S. 36 amended by Nos 38/1998 s. 12(a)(b), 46/1998 s. 7(Sch. 1), substituted by No. 51/2004 s. 18.