Victorian Repealed Acts

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This legislation has been repealed.

Health Act 1958 - SECT 120AB

Further Orders or authorisations for tests

120AB. Further Orders or authorisations for tests



(1) This section only applies to a senior medical officer who is-

   (a)  employed or engaged by, or performs work for-

   (i)  a denominational hospital listed in Schedule 2 to the
        Health Services Act 1988; or

   (ii) a public hospital listed in Schedule 1 to that Act; or

   (iii) a public health service listed in Schedule 5 to that Act; or



   (iv) a multi purpose service within the meaning of that Act- and is
        authorised by that hospital or service or the chief executive officer
        of that hospital or service to make orders or authorise testing for
        the purposes of this section; or

   (b)  employed or engaged by or performs work for, the proprietor of a
        private hospital that is-

   (i)  registered under Part 4 of the Health Services Act 1988; and

   (ii) approved by the Secretary for the purposes of this section- and is
        authorised by the proprietor or chief executive officer of that
        hospital to make orders or authorise testing for the purposes of this
        section.

(2) A senior medical officer has all the powers that the Secretary has to-

   (a)  make an Order in the circumstances specified in section 120A(1)(c)(ii)
        or 120A(2A); or

   (b)  authorise testing under section 120B in the circumstances specified in
        section 120A(1)(c)(ii) or 120A(2A)-

in relation to the hospital or health service where that medical officer is
employed or engaged or performs work.

(3) This Division applies to-

   (a)  an Order made by a senior medical officer and a test made under such
        an Order as if the Order were an Order made by the Secretary under
        section 120A; and

   (b)  an authorisation made by a senior medical officer and a test made
        under such an authorisation as if the authorisation were an
        authorisation made by the Secretary under section 120B.

(4) Despite subsection (3) and section 120A(4), section 121(10) does not apply
to an Order or authorisation made by a senior medical officer.

(5) Sections 120C(3) and (4) and 120D apply in relation to an Order or
authorisation made by an authorised senior medical officer as if a reference
to the Secretary were a reference to the authorised senior medical officer.

(6) Section 137 applies to a pathologist who gives information to an
authorised senior medical officer in relation to a test made under an Order or
authorisation given under this section as if the information were given to the
Secretary.



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