Hospitals Act 1867 (SA)

ANNO TRICESIMO PRIM0

No. 7.

An Act to provide for the Manayement of Public Hospilals.

[Assented to, 19th December, 1867.1

W REREAS it is expedient to provide for the efficient manage- h a m b l o, ment of Public Hospitals, and to encourage voluntary contri- butions to the funds required for the support of the same: Be it therefore Enacted by the Governor-in-Chief of the Province of South Australia, with the advice and consent of the Legislative Council and House of Assembly of the said Province, in this present Par- liament assembled, as follows +

R

X. This Act may be cited for aU purposes as " The Hospitals Act, short title.

1867."

from time to time, by proclamation in the Government Gazette, claim public hospitals. 2. The Governor, with the advice of the Executive Council, may Govcmor may pro-

declare any place or places deemed suitable and provided for the purposes of an hospital or institution for the cure of disease or for

the relief of diseased persons, to be a public hospital; and may in

like manner, with the advice aforesaid declare that any place or

places so proclaimed shall cease to be a public hospital.

3. At every such public hospital, a book, to be called The Con- Voluntary tors to public contribu- ~ O S -

tributors' Book," shall be kept, in which shall be entered the names pitals.

and addresses of such benevolent persons as may be desirous of con-

tributing towards the funds for the support of such hospital, and the

payment of a sum of Twenty Pounds in one donation, shall entitle

the pperson paying the same, hereinafter called a life contributor,"

to

31" VETORIL!E, No. 7.

The Hospitals Act.-l 867.

to have and exercise during his life the rights and privileges herein- after conferred upon contributors; and the payment of a sum of Two Pounds shall entitle the person paying the same to have and exercise the like rights and privileges until the second Friday in November next following the date of such payment.

Appointment of

membera of Board of 4. The Governor, with the advice of the Executive Council, may

Management to Hoa-	a~po in t a Board of Management of any public hospital, towards the
itals maintained	f&ds for *the support of which the total amount of the annual
ti	y Government
funds	contributions for any year ending on the second Friday in December, together with interest at the rate of Ten Pounds .per centum uer a&um on all sums previously paid by all life contributors tgen living, shall be less than one-slxth of the average annual expen- diture of the three preceding years, such Board to consist of my number of duly qualified medical practitioners and other per- sons as the Governor, with the advice aforesaid, may determine; and may also from time to time, at pleasure, remove any member of the said Board for the time being; and upon every vacancy in the said Board, either by removal, resignation, or death, may appoint some other fit person to supply such vacancy; and until such new appointment, the surviving or continuing member or members of such Board may act as if no such vacancy had occurrred.
average annual expen-

Where one-sixth of 5. Whenever the total amount of the annual contributions for

diture contributed to	any year ending on the second Friday in December, together with
funde of hospital, con-
tributora to ebct one-	interest at the rate of Ten Pounds per centum per annum on all
third of the member8	sums previously paid by all life contributors then living, shall
of the Board of Man-
agement,	amount to one-sixth of the average annual expenditure of any public hospital for the three preceding years, the Governor, with the advice of the Executive Council, upon the receipt of a memorial signed by not less than one-half of the contributors to such hospital, praying that they may be allowed to elect one-third of the members
of the Board of Management, may cause the substance or prayer of such memorial to be published in the Govern-
ment Gazette, and if no counter memorial, signed by an equal number of such contributors, shall have been forwarded to the Chief Secretary within one calendar month after the date of such publication, the said Governor, with the advice aforesaid, may, by proclarriation in the Government Gaaette, declare that the then present Board shall, on a day to ba therein mentioned, cease to be the Board of Management for such public hospital; and may further declare that a new Board shall be appointed, and may fix the
number of members of which such Board shall consist, and the
number of such members necessary to be present at any meeting to form a quorum, and at any time after the publication of such Proclamation any ten or more contributors, who shall have signed the said memorial, may convene a public meeting of the contributors to such hospital, by advertisement in some newspaper published in the neighborhood of such hospital, or if there should be no news aper published in such neighborhood, then in some news-
paper circ $ ating therein, at least one week pxevioui~ to such meeting being

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Ihe Hospitals Act.-1867.

being held, for the purpose of electing one-third of the members of the Board of Management of such hospital; or in case the number of the members of such b a r d is not divisible by three, then one-third of the number nearest to such number which is so divisible; and after such election the names of the members so elected shall be forwarded to the Chief Secretary with a request that the Governor will appoint the persons so elected to be members of such Board, and thereupon the Governor shall appoint such persons, and, with the advice aforesaid, shall also appoint such other persoris as may be necessary to complete the number of such Board as fixed by the said Proclamation: Provided that if auch contributors shall fail or neglect to elect such members, and to forward the names t9 the Chief Secretary at least one week before the time at which the then present Board of Management is to retire from office, as mentioned in the said Proclamation, the Governor shall rtppoint the whole of the members of such Board, and shall also specify which of such members shall be considered elected members for the purposes of retirement as hereinafter mentioned.

6. On the second Friday in the month of January in every year, ~ ~, " ~ ~ B, " ~ ~ m *

one-third of the elected members o f every Board of Management and Mansgement.

the whole of the members of such Board appointed by the Governor

shall cease to be members of suck Board, but may, nevertheless,

be re-elected, or re-appointed, as hereinafter mentioned, and the

members who shall so retire from office shall be those who have

been the longest in office without re-election; or where two or more

shall have been in office for the same length of time, then those

who shall retire from office shall be determined by lot: Provided that if in any case the number of elected members is not divisible by three, one-third of the number nearest to such number which is so divisible, shall retire from office.

7. On the first Friday in January in every year, after the fir& Meeting for election of mombere of Board

appointment of a Board of Management, as hereinbefore mentioned, a of Management to be

meeting of the contributors to every public hospital except as herein- hJd annd~m

after mentioned) shall be held, for the purpose o electing such a f

number of the members of the Board of Management as is

hereinafter mentioned in the place of members wLose term of office is then about 10 expire, and such meeting shall be con- vened by the Board of Management, by circulars sent to each

of such contributors, stating the place where and the hour when

such meeting is to take place, and the names of the persons so elected shall be forwarded to the Chief Secretary, and such peraons shall be appointed by the Governor in like manner, as hereinbefore prescribed in the case of the fir& election of members of a Board

of Management, and the Governor with the advice aforesaid shall

also appoint so many other persons to be members bf such Board as together with the persons so elected shall be sufficient to complete

the number of the members of such Board as fixed by the Proclama-

tion hereinbefore mentioned: Provided that, if from any cause, except aa is hereinafter mentioned, any such annual election shall

not

31" VICTORIB, No, 7,

The Hospitals Act.--1 867.

not take place, the Governor with the advice of the Executive Council shall also appoint persons in the stead of the persons who should have been elected at such annual election who shall thereupon

be deemed elected members.

Number ofmembem

of Board of Manage- 8. The number of members of the Board of Management of any

ment to be elected by hospital, to be elected by the contributors at any annual meeting as

uOntributOm~

regulated. aforesaid, shall be regulated as follows, that is to say:

I. If the total amount of the annual contributions far the yem next preceding the second Friday in December then last past together with interest at the rate of Ten Pounds per centum per annum on all sums previously paid by all life contributors then living, shall exceed one-sixth but be less than one- fourth of the average annual expenditure of such hospital for the three preceding years, such contributors shall elect

such a number of the members of such Board of Management

as together with the elected members continuing in oflice shall amount to one-third of the number of the members of such Board, or in case the number of members of such Board is not devisible by three then one-third of the number nearest to such number which is so devisible.

rr. If such total amount as aforesaid shall exceed one-fourth, but

be less than one-half of such average expenditure, as aforesaid, such contributors shall elect such a number of the members of such Board as, together with the elected members con- tinuing in office, shall amount to one-half of the number of the members of such Board, or a minority thereof in case such number is indivisible: and

III. If such total amount as aforesaid shall exceed one-half of nuch average expenditure as aforesaid, such contributors shall elect the whole of the members of such Board:

Provided that, if on the second Friday in December in any year,

such total amount as aforesaid shall be less than one-sixth of ,such

average expenditure as aforesaid; or if the number of elected members of any Board of Management, to retire on any second Friday in January, shall not, by reason of any falling off in the amount of the contributions for the preceding year, reduce the number of elected members remaining in office to the number which, according to the provisions hereinbcfore contained, the contributors are entitled to elect; no such annual meeting shall take place, nor shall the contributors have the right to elect any person to be appointed to fill the annual vacancy amongst the elected members of the Board of Management, which, in that case, shall be filled up by the Governor, with the advice of the Executive Council.

Pmeacdinmat such

mectinga,

9, Every meeting of contributors for the election of members

of the Board of Management, shall choose its own chairman, who

sl~all have a vote only in the event of there being an equality of

_U-- * -

votes; and every question submitted to ~ u c h meeting shall be

decided

31" VICTORIB, No. 7. ---

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The H~spitals Act,--l 867.

decided by a majority of the votes of contributors then present and

voting.

10. If any member of any Board of Management shall die, be vaOmcieB~ how fibd.

removed, or resign by letter under his hand addressed to the Chairman of the Board, or become lunatic, insolvent, or compound with his creditors, or be convicted of any treason, felony, or misdemeanor, or be absent for six consecutive meetings from the Board of Manage- ment without obtaining leave of absence from the Board, his office shall become vacant, and the remaining members of the Board may declare his office vacant, and in the case of an elected member shall tern- porarily appoint thereto some contributor to such hospital, until the next annual meeting for the election of members of the Board, when the person thus temporarily elected shall retire, as one of those who, by the provisions of this Act, arc required to retire from office; and if the vacancy is occasioned by the retirement or otherwise of a non- elected member, the Chairman shall cause the fact of such vacancy to be communicated to the Chief Secretary, and thereupon the Governor, with the advice of the Executive Council, shall appoint some other person in the place of the member causing the vacancy.

11. The number of members of a Board of Management fixed bv QUomrn Of

the Proclamation hereinbefore mentioned as neceGary to form

quorum, shall be cczpetent to act in the execution of the powers

vested in such Board.+ and the existence of any vacancy shall not

invalidate any act done by the Board during the continuance of

such vacancy.

12. The Board OF Management of every public hospital shall, subject to the regulations of the Public Service, have the adminis- tration of all funds voted by Parliament for the support of such hospital, together with all funds which may be voluntarily con- tributed or given, or left to such hospital by benevolent persons,	Funotiona of Board.
and shall also have the care, management, control, and supervision	of such hospital, and may nominate for appointment such medical
and other officers, nurses, and other attendants as to such Board may seem necessary for the requirements of such hospital, and may also recommend the removal of any such medical or other officers, nurses, and other attendants, and on such nomination or recommen- dation being approved by the Governor, the persons so nominated or whose removal is so recommended shall be appointed to or removed from the respective offices accordingly.
Board of Xanagemmt
13. The Board of Management of any public hospital may, from time to time, m a h rules and regulations in respect to all or any of	to make rules and
regulationa.
the matters next mentioned, and such rules and regulations so to be
made, may, from time to time, revoke or vary, that is to say:--

1. For the regulation of its own proceedings, including the ap-

pointment of Chairman:

11. For fixing the number of votes of contributors in proportion

to the amount of their contributions: 111, For

31" VICTORIB, No. '7.

The Hospitals Act.-1867.

111. For determining the validity of disputed elections, and for conducting such elections and all matters connected there- with:

IV. For regulating the admission of patients into the hospital on

the nomination or recommendation of contributors or other-

wise, and of their discharge therefrom:

v, For the affording relief by medicine and attendance to out-

door patients:

VI. For the moral and religious instruction of the inmates of the

hospital:

VII. For the maintenance of order, discipline, decency, and clean- liness among the inmates of the hospital:

VIII. For prescribing the duties of the several officers of any hospital, for keeping proper records, books, accounts, and vouchers; and for providing for the annual publication of an abstract of the expenditure, and the amounts contributed, for the information of contributors, and in order to determine the number of members of the Board of Management to be elected at each annual election.

rx. For regulating the study of surgery and medicine by students who may desire to avail themselves of the facilities afforded

by the hospital for that purpose:

X. For all matters affecting the general management, care,

control, and superintendence of any hospital.

Provided that such rules and regulations shall be laid before both IIouses of Parliament within fourteen days after the making thereof, if Parliament be then sitting, or if Parliament be not then sitting within fourteen days after the commencement of the then next Session of Parliament.

14. All rules and regulations made under the preceding section

R8@ati0m"bep"-

liehed in the Qwtbr,

-a	to have force of	shall be approved by the Governor, with the advice of the Executive
law.	Council, i<d when so approved, shall have the force of law, and a copy of such rules and regulations published in the Government Gazette shall
be received in evidence and judicially noticed, and shall, until the
contrary be shown, be deemed sufficient evidence of such rules and regulations, and that the same were duly made and approved.

DisdOwanea and regulatiom ** 15. The Governor, with the advice aforesaid, may a t any time

revoke any such rule or regulation, and every order by which any

such rule or regulation shall be revoked, shall be published in the

Government Gazette, and shall take effect from the time of such publication.

16. Any person offending against any of the rules or regulations

Pmdtt

~gd&tiom,

in force under the provisions of this Act shall, upon conviction thereof by two or more Justices of the Peace, forfeit and pay a

-',W ." penalty

310 VICTORIIZE, No. 7.	61
The Hospitals Act.-1867,

r -

penalty not exceeding Ten Pounds, or be imprisoned, at the dis- cretion of such Justices, with or without hard labor, for any term

not exceeding three calendar months.

17. In any information, or complaint for any offence corn- P t ~ ~ t h * f oflenooa,

mitted upon or in respect 'of any property, money, goods, chattels, or effects under the management or control of any Board of Management of any public hospital, i t shall be sufficient to state or allege the property, money, goods, chattels, or effects to belong to, and any offence to have been done or committed with the intent to injure or defraud "The Board of Management of the -

Public Hospital" (such blank being filled up with the distinctive name of such Hospital), without any further or other name, addition.

or description whatever,

18. All notices to any officer of, or contributor to, any public Notioea to contvibubnr and others may be

hospital, required to be given by this Act, or the rules and regu- ~t by poat to regir-

lations made in pursuance hereof, may be served by the same being tered"dres'.

transmitted through the post, directed according to an address to be

left for that purpose by such officer or contributor, in writing under

his hand, at such hospital.

19. I n proving such service as aforesaid, it shall be sufficient to Proof of aemiN*

prove that such notice was so directed as aforesaid, and put into a General Post Office; but nothing herein contained shall be held to render invalid any personal service of any notice.

20. No notice of any intended board meeting or election, shall Notice to certain con- tributom to be unne-

be required to be served, either by post or otherwise, on any officer rewarp..

of, or contributor to, any such hospital as aforesaid, who shall not

have left an address in the manner, at the place, and for the purpose

hereinbefore mentioned.

In the name and on behalf of the Queen I hereby assent to

this Act.

D, DALY, Governor.

*.

Adelaide : Printed by authority, by ~-%ctoria-square~