Homes for the Aged Act 1984 (Qld)

278 (Iueenslim.i ANNO TRICESIMO TERTIO ELIZA ETIIAE SECUNDAE REGINAE No. 23 of 1984 Act to provide for the establishment of homes for the aged and other persons and the management and control of those homes and for other purposes [ASSENTED TO 22ND MARCH, 1984]

Homes for the Aged Act 1984, No. 23 279 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title. This Act may be cited as the Homes for the Aged Act 1984. 2. Commencement . (1) This section and section 1 shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1), this Act shall commence on a day appointed by Proclamation. 3. Repeal and savings . (1) The Charitable Institutions Management Act of 1885 is hereby repealed. (2) The premises known as- (a) Eventide, Sandgate; (b) Eventide, Charters Towers; and (c) Eventide, Rockhampton, declared pursuant to the repealed Act to be public charitable institutions for the purposes of that Act shall continue and be deemed to have been declared to be homes for the aged for the purposes of this Act. (3) The operating receipts and expenditure of the premises specified in subsection (2) shall continue to be paid into and out of a fund of the public accounts of the State. (4) Every person who at the commencement of this Act holds an office or position at an institution specified in subsection (2) shall continue to hold that office or position or the corresponding office or position under and for the purposes of this Act until he vacates or is lawfully removed from that office or position and where such office or position has been held immediately prior to the commencement of this Act under, subject to and in accordance with the Public Service Act1922-1978, the same or the corresponding office or position shall be and continue to be held under, subject to and in accordance with such lastmentioned Act. 4. Interpretation . In this Act, unless the contrary intention appears- home for the aged " means premises declared under section 5 or deemed under section 3 (2) to be a home for the aged; " grounds of any home for the aged " means the land on which is situated any home for the aged including all land appurtenant thereto and, where the home for the aged is situated on a reserve within the meaning of the Land Act 1962-1983, the whole of that reserve; " hospital " means any premises for the reception and treatment of the sick which are subject to the Hospitals Act 1936-1983;

280 Homes for the Aged Act 1984, No. 23 " manager " means the person appointed as manager of a home for the aged and includes a person for the time being performing the duties of the manager; " medical practitioner " means a medical practitioner within the meaning of the Medical Act1939-1981; " medical superintendent " means a medical practitioner who is appointed as medical superintendent of a home for the aged and includes a person for the time being performing the duties of the medical superintendent; " Minister " means the Minister for Health or other Minister of the Crown who, at the material time, is charged with the administration of this Act and includes a Minister of the Crown who is temporarily performing the duties of the Minister; " nursing superintendent " means a person who is appointed as nursing superintendent of a home for the aged and includes a person for the time being performing the duties of the nursing superintendent; " psychiatric hospital " means a psychiatric hospital within the meaning of the Mental Health Act1974-1978; " resident " means a person resident at a home for the aged; " vehicle " means a vehicle within the meaning of the TrafficAct1949-1982. 5. Homes for the aged . The Governor in Council may, by Order in Council, declare any premises or part of any premises (other than a psychiatric hospital, hospital or an institution within the meaning of the Inebriates Institutions Act 1896-1974 or part of such hospital or institution) that is maintained wholly or in part from moneys paid out of the public accounts of the State for the reception, maintenance and care of persons to be a home for the aged. 6. Charges for maintenance . Every resident shall pay the amount prescribed on account of his maintenance in a home for the aged. 7. Official visitors . (1) The Governor in Council may from time to time appoint a barrister-at-law, solicitor, stipendiary magistrate or any other fit and proper person who has not attained the age of 70 years to be the official visitor to any home for the aged. A person appointed as official visitor shall be deemed to have vacated that office on his attaining the age of 70 years. (2) An official visitor shall have such powers and shall perform such duties and functions in respect to the home for the aged to which he is appointed as are prescribed.

Homes for the Aged Act 1984, No. 23 281 (3) An official visitor may be paid such allowances as the Minister from time to time determines. 8. Appointment of officers and other employees . (1) The Governor in Council may appoint- (a) a manager, medical superintendent, nursing superintendent, assistant manager, assistant medical superintendent or assistant nursing superintendent of any home for the aged; (b) such other persons as he considers necessary for the proper administration and good conduct of any home for the aged. Where any such appointment is made under the PublicServiceAct1922-1978 the appointee shall- (i) hold office under, subject to and in accordance with that Act; (ii) be deemed to be an officer of the Department of Health; (iii) be entitled to hold such appointment in conjunction with any other appointment under that Act. (2) The Under Secretary, Department of Health or other person so authorized by him may appoint such other persons, (being persons other than persons who may be appointed under subsection (1)) as he considers necessary for the proper administration and good conduct of any home for the aged. 9. Residents ' Trust Fund. (1) Every manager shall keep a Residents' Trust Fund which shall consist of all moneys received in trust for any resident. (2) Moneys to the credit of a resident in the Residents' Trust Fund shall be applied towards meeting charges for his maintenance as prescribed pursuant to section 6"and for the benefit of or as directed by the resident. (3) Moneys received by a manager in payment of interest in respect of keeping the Residents' Trust Fund in any savings bank or other interest bearing account or in respect of any investment from such fund may, with the approval of the Under Secretary, Department of Health, or other person so authorized by him, be applied in providing amenities for the general benefit of residents. (4) Nothing in this section affects the powers of The Public Trustee of Queensland under the Public Trustee Act1978-1981 or the MentalHealth Act1974-1978. 10. Power to accept gifts , etc., and to establish a Trust Fund. (1) A manager is authorized to acquire, by gift inter vivos or bequest, property given or bequeathed to the home for the aged for which he is manager or for the benefit of residents therein unless in a particular case or class of case the Minister has directed that property should not be so acquired and, with the approval of the Minister, first had and obtained, is authorized to apply such property on the conditions or for the purposes to which a proposed gift or a bequest is subject. 10

282 Homes for the Aged Act 1984, No. 23 (2) The rule of law relating to perpetuities shall not apply to any gift or bequest acquired under subsection (1) to which a manager has agreed. (3) A manager may establish and administer a Trust Fund for any purpose in connexion with the exercise and performance of the functions, powers and duties of the home for the aged for which he is manager and, if he does so, shall establish at a bank one or more bank accounts in respect of the Trust Fund. (4) The Trust Fund shall be applied to the purposes directed, but in the absence of any such direction shall be applied in aid of the function of the home for the aged or residents of the home in the case where the amount of money to be applied from time to time is- (a) $1 000 or more, in such manner as may be approved by the Minister; (b) less than $1 000, in such manner as may be approved by the Under Secretary, Department of Health. (5) Moneys shall not be paid into a Trust Fund established under subsection (3) if they should be paid into the Residents' Trust Fund pursuant to section 9. 11. Investment of moneys . (1) Moneys held in trust in a trust fund referred to in section 9 or 10 may, until required for a purpose to which the money may lawfully be applied be invested and the interest or other income received from time to time in respect of such investment shall be paid into the Residents' Trust Fund or, as the case may be, the Trust Fund established under section 10. (2) A manager may, with the prior approval of the Under Secretary, Department of Health invest moneys in the name of the Director of Finance, Department of Health on behalf of the home for the aged for which he is manager- (a) in securities issued or guaranteed by the Government of the Commonwealth or of a State or Territory of the Commonwealth; (b) with or on deposit with a bank or in securities issued, guaranteed or accepted by a bank; (c) with any authorized dealer in the short term money market with established lines of credit with the Reserve Bank of Australia as lender of last resort; (d) in such other securities, investments or other financial arrangements as may be specified from time to time in section 48 (1) of the Statutory Bodies Financial ArrangementsAct1982 or as may be recommended by the Treasurer and approved by the Governor in Council, provided that no such investment shall have a term in excess of 12 months except with the Treasurer's approval first had and obtained granted in accordance with the provisions of subparagraphs (a) and (b) of section 48 (3) of that Act. For the purposes of this subsection " financial arrangements " has the same meaning as is assigned to that term by section 3 of the Statutory Bodies Financial Arrangements Act1982.

Homes for the Aged Act 1984, No. 23 283 (3) Every security or safe custody acknowledgement or other document evidencing title issued in respect of any investment of moneys shall be held by the Director of Finance, Department of Health, and recorded in a register of investments for homes for the aged. (4) Subsections (1) and (2)- (a) shall not apply in relation to moneys acquired by a manager under an instrument that expressly directs to the contrary; and (b) shall not be construed to restrict, in relation to particular moneys, the powers of investment conferred on a home for the aged or a manager of the home by an instrument under which he has acquired those moneys. (5) Where moneys have been invested by or are held by a manager in accordance with the provisions of this section or the directions of a donor, settlor or testator, the manager may from time to time, with the approval of the Minister, upon advice of the Treasurer, vary and transpose such investments for or into other investments that accord with the investments prescribed by the instrument or this Act. 12. Obstruction. (1) A person who- (a) refuses or fails to allow the inspection of any home for the aged by a person appointed under section 7 or 8 (1) (a); (b) refuses or fails, without reasonable cause, to allow the visiting or interviewing of any person by a person appointed under section 7 or 8 (1) (a); (c) refuses or fails, without reasonable cause, to allow the examination of any person by a medical superintendent, nursing superintendent, assistant medical superintendent or assistant nursing superintendent; (d) refuses or fails to produce any document or record for the inspection of a person appointed under section 7 or 8 (1) (a); (e) otherwise obstructs a person, in the exercise of his functions under this Act commits an offence against this Act. Penalty: $500 or imprisonment for 3 months, or both. 13. Penalties . (1) A person who commits an offence against this Act is liable, unless some other penalty is prescribed, to a penalty not exceeding $500. (2) Proceeding for an offence against this Act shall be before a stipendiary magistrate sitting alone. (3) Proceedings for an offence against this Act may be instituted at any time within 12 months after the commission of the offence or within 6 months after the commission of the offence comes to the knowledge of the complainant, whichever is the later period.

284 Homes for the Aged Act 1984, No. 23 (4) All offences against this Act may be prosecuted in a summary way under the Justices Act1886-1982. 14. Application of Traffic Act. (1) Subject to subsection (2) and such exceptions as may be prescribed , any part of grounds of any home for the aged which at any time is used by a vehicle shall, in relation to and for the purposes of that use, be deemed to be a road within the meaning of the TrafficAct1949 - 1982, and the provisions of that Act shall apply and extend accordingly. (2) The provisions of this section apply for the purpose of assisting in the regulation and control and the prohibition of the use of vehicles in any grounds of any home for the aged , but shall not apply for any other purpose and shall not prejudice or otherwise affect the provisions of any other Act and shall not limit the power to make regulations under this Act for the purpose of regulating , controlling and prohibiting traffic (or for any of those purposes ) in relation to all or any grounds of any home for the aged. 15. Regulations . (1) The Governor in Council may make regulations, not inconsistent with this Act, for or with respect to- (a) the admission of a person or class of person into any home for the aged and the discharge of residents therefrom; (b) removal of residents from one home for the aged to another home for the aged or a public or psychiatric hospital; (c) the administration and good conduct of homes for the aged; (d) the functions, duties and powers of persons employed for the purpose of treatment or control of residents or for the purpose of management and conduct of homes for the aged; (e) the keeping, production and inspection of records and accounts under or for the purposes of this Act; (f) fees and charges that may be charged by homes for the aged for patient accommodation, medical, nursing and ancillary services; (g) the regulation, control and prohibition of traffic in or upon all or any grounds of any home for the aged; (h) all matters required or permitted by this Act to be prescribed and for which no other mode• of prescription is prescribed; and (i) all matters which, in his opinion, are necessary or convenient for the proper administration of this Act. Without limiting the generality of subparagraph (g), regulations made pursuant to that subparagraph- (a) may provide that the owner of a vehicle shall be liable for the offence consisting of bringing onto or parking or standing on any grounds of any home for the aged in breach of the regulations whether or not he was in charge of the vehicle at the material time;

Homes for the Aged Act 1984, No. 23 285 (b) may define the person who shall be taken to be the owner of a vehicle for the purposes of the regulations; (c) may prescribe the proof necessary or sufficient to establish the owner's identity; (d) may provide for the recovery of a penalty for an offence against the regulations from the owner of the vehicle concerned as well as from the person in charge of the vehicle at the material time. (2) A regulation may impose a penalty not exceeding $500 for a breach of that regulation or any other regulation.