Hospitals Act 1894 (WA)

58 VICTORLE. No. 20 The Hospitals Act, 1894

WESTERN AUSTRALIA.

ANNO QUINQTJAGESMO OCTAVO

VIOTOREEE REGINE

No. 20

An Act to provide for the Management of Public

Hospitals. [Assented to Sth November, 1894.

HEREAS it is expedient to provide for the efficient manage- Preamble

went of Public Hospitals, and to encourage voluntary con- tributions to the funds required for the support of the same : Be it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows :-

1. This Act may be cited for all purposes as The Hospitals Act, Short title

1894.'

2. The Governor, with the advice of the Executive Council, may from to time, by proclamation in the Government Gazette,' declare

Governor may proclaim public

hospitals

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- tributors' Book,' shall be kept, in which shall be entered the names

Voluntary con-

tributors to

public hospitals

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 Ten pounds in one donation shall entitle the person paying the same, hereinafter called life contributor,' to have and exercise during his life the rights and privileges herein- after conferred upon contributors ; and the payment of the sum of One pound 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.

4. The Governor, with the advice of the Executive Council, Appointment ot

may appoint a Board of Management of any public hospital to consist li,Titee7 of

of any number of persons as the Governor, with the advice aforesaid, Management to

may determine ; but two-thirds of the members at least shall consist IM°:tsi:liGtIlal by

of persons who are not medical practitioners ; and the Governor Government

may also from time to time, at pleasure, remove any member of u'

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 occurred.

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

58 VICTORI/E. No. 20 The Hospitals Act, 1894

annual expindi- year ending on the second Friday in December, together with the to funds oftun: contributed interest at the rate of Ten pounds per centum per annum on all sums hospital, &path previously paid by all life contributors then living, shall amount to

butors to el of the average annual expenditure of any public hospital for

one-third of the ect

members Board the next three preceding years, the Governor, with the advice of the of Management 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 Government Gazette,' and if no counter memorial, signed by an equal number of such contributors, shall have been forwarded to the Colonial Secretary within one calendar month after the date of such publication, the said Governor, with the advice aforesaid, may, by Proclamation in the Government Gazette,' declare that the then present Board shall, on a day to be 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 neighbourhood of such hospital, or if there should be no newspaper published in such neighbourhood, then in some newspaper circulating therein, at least one week previous to such meeting being held, for the purpose of electing one-third of the members of the Board of Manage- ment of such hospital ; or in case the number of members of such Board 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 Colonial 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 persons as may be necessary to complete the number of such Board as fixed by the said Proclamation : Provided that if such contributors shall fail or neglect to elect such members, and to forward the names to the Colonial 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 appoint 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.

Retirement of 6. On the second Friday in the month of January in every year

members of	Board ofone-third of the elected members of every Board of Management, and
Management the whole of the members of such Board appointed by the Governor,

shall cease to be members of such 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 retire from office shall be determined by lot : Provided that in any case where

58 VICTORDE. No. 20 The Hospitals Act, 1894

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 first Ifeeting for

appointment of a Board of Management as hereinbefore mentioned a leiliecomttly i soo t f

mentioned) shall be held for the purpose of electing such a number of i'Lal,',Tam„e,','„tatCy

the members of the Board of Management as is hereinafter mentioned,

in the place of members whose term of office is then about to expire,

and such meeting shall be convened 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 Colonial Secretary,

and such persons shall be appointed by the Governor in like manner

as hereinbefore prescribed in the case of the first election of members

of a Board of Management, and the Governor with the advice afore-

said shall also appoint so many other persons to be members of such

meeting of the contributors to every hospital (except as hereinafter Boom of complete the number of the members of such Board as fixed by the Proclamation hereinbefore mentioned : Provided that if from any cause, except as hereinafter mentioned, any such annual election shall not take place, the Governor with the advice aforesaid 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.

8. The number of members of the Board of Management of any N„mber of

hospital to be elected by the contributors at any annual meeting as let t'? of

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

be elected by

ri butr$

(1) If the total amount of the annual contributions for the 1,T,i,t.r eg„iata

year 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 office, 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 divisible by three then one-third of the number nearest to such number which is so divisible :

(2) 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 continuing 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

58 VICTORDE. No. 20

The Hospitals Act, 1894

(3) If such total amount as aforesaid shall exceed one-half of such average expenditure as aforesaid, such contributors shall elect by ballot 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 contribu- tions for the preceding year, reduce the number of elected members remaining in office to the number which, according to the provisions hereinbefore 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.

Proceedings at	9. Every meeting of contributors for the election of members of the Board of Management shall choose its own chairman, who shall have a vote only in the event of there being an equality of votes ; and every question submitted to such meeting shall be decided by a majority of the votes of contributors then present and voting.
such meetings
Vacancies, how	10. If any member of any Board of Management shall die, be removed, or resign by letter under his hand addresselto the Chairman of the Board, or become lunatic, insolvent, or compound with his creditors, or be convicted of any treason, felony or misdemeanour, or be absent for six consecutive meetings from the Board of Management 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 tem- 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 the Act, are 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 Colonial Secretary, and thereupon the Governor, with the advice of the Executive Council, shall appoint some other person in the place of the member causing such vacancy.
filled
Quorum of	11. The number of members of a Board of Management fixed by the Proclamation hereinbefore mentioned as necessary to form a quorum shall be competent 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.
Board
runetions of	12. The Board of Management of every public hospital shall have the administration of all funds voted by Parliament for the support of such hospital, together with all funds which may be voluntarily contributed or given, or left to such hospital by benevolent persons, and shall also have the care, management, control, and supervision of such hospital, and may nominate for appointment such medical and
Board

58 VICTORIX. No. 20 The Hospitals Act, 1894

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 recommendation 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.

13. The Board of Management of any public hospital may from Board of

time to time make rules and regulations in respect to all or any of the Lliin,agin.,,res

matters next mentioned, and such rules and regulations so to be made and regulations

may from time to time revoke or vary, that is to say :-

(1) For the regulation of its own proceedings, including the appointment of Chairman :

(2) For fixing the number of votes of contributors in proportion to the amount of their contributions :

(3) For determining the validity of disputed elections, and for conducting such elections and all matters connected

therewith :

(4) For prohibiting or regulating the admission of patients into the hospital on the nomination or recommendation of contributors or otherwise, and of their discharge therefrom :

(5) For the moral and religious instruction of the inmates of

the hospital :

(0) For the maintenance of order, discipline, decency, and cleanliness among the inmates of the hospital :

(7) 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 publi- cation of an abstract of the expenditure and the amounts contributed for the information of the contributors, and in order to determine the number of members of the Board of Management to be elected at such annual

election :

(8) 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 :

(9) 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 Houses 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 Regulationsto

shall be approved by the Governor, with the advice of the Executivel'Otlizscht7,1111

Council, and when so approved, shall have the force of law ; and and etoo fillitavwe	t
a copy of such rules and regulations published in the Government Gazette' shall be received in evidence and judicially noticed, and

58 VICTORDE. No. 20 The Hospitals Act, 1894

shall, until the contrary be shown, be deemed sufficient evidence of such rules and regulations, and that the same were duly made and approved.

Disallowance of

rules and	15. The Governor, with the advice aforesaid, may at 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 Govern- ment Gazette,' and shall take effect from the time of such publication.
regulations
Penalty for
breach of	16. Any person offending against any of the rules or regulations in force under the provisions of this Act shall, upon conviction thereof by two or more Justices of the Peace, forfeit and pay a penalty not exceeding Ten pounds, or be imprisoned, at the discretion of such Justices, with or without hard labour, for any term not exceeding three months, and all informations and proceedings in respect of such offences shall be heard and determined, and the penalties in respect of the same shall be enforced and appropriated according to the pro- visions of an ordinance passed in the fourteenth year of the reign of Her present Majesty, numbered five.
regulations
Prosecution of
offences	17. In any information or complaint for any offence committed 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, it 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.
Provision for
payment by	18. Any person who is able to pay for his medical attendance, maintenance, and relief in any hospital, but who either before or after his admission into any hospital makes a statement that he is unable to pay for his medical attendance, maintenance, or relief, and who in consequence of having made such statement is admitted or maintained by, or who receives medical attendance or relief from any hospital, shall be liable to pay or contribute towards the same, according to his means, any sum that may be due for such medical attendance, main- tenance and relief, and such sum shall, on demand thereof, be a debt due from such person, and may be recovered from him, or from his executors or administrators after his death, by the said Board : Pro- vided that the said Board shall have absolute discretionary power to remit or postpone payment of all or any sums of money due to them under the provisions of this Act, and such Board or any person authorised by them in that behalf are hereby authorised to sue, and may recover, in any Court of competent jurisdiction, such sum as the Court shall think reasonable as a debt due to the said Board from the person so maintained in such hospital.
patients
Notice to con-

tributors and 19. All notices to any officer of, or contributor to, any public hos-

others may be	pital, required to be given by this Act or the rules and regulations
sent by post to
registered	made in pursuance hereof, may be served by the same being trans-
address	mitted 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.

Proof of service 20. In proving such service as aforesaid, it shall be sufficient to

58 VICTORIA. No. 20 The Hospitals Act, 1894

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

21. No notice of any intended Board meeting or election shall be Notice to certain

required to be served, either by post or otherwise, on any officer of, or ;,°°"‘tlf,'„beuct:."ith.y

contributor to, any such hospital as aforesaid, who shall not have left

an address in the manner, at the place, and for the purpose herein-

before mentioned.

ALEX. C. ONSLOW,

GOVERNOR'S DEPUTY.