Hospitals Act Amendment Act 1971 (Qld)

883 ANNO VICESIMO ELIZABETHAE SECUNDAE REGINAE No. 71 of 1971 An Act to Amend The Hospitals Acts 1936 to 1967 in certain particulars [ASSENTED TO 20TH DECEMBER, 1971 ] 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. and citation . (1) This Act may be cited as the Hospitals Act Amendment Act 1971. (2) The Hospitals Act of 1936 as subsequently amended is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be collectively cited as the Hospitals Act 1936-1971.

884 Hospitals Act Amendment Act 1971, No. 71 2. Amendment of s. 1 . Section 1 of the Principal Act is amended by inserting after the reference " Section 39-Evidence of Election or Appointment " the following references:- " PART VI-ADMINISTRATION OF STAFF- Section 40-Care of Board's property, Section 41-Indictable offences by employees, Section 42-Manner of dealing with offender not to affect nature of conviction, Section 43-Entitlements of suspended or dismissed employee, Section 44-Disciplinary offences, Section 45-Entitlement of suspended employee to re-instatement, Section 46-Meaning of " employee " and " permanent head ";" 3. Amendment of s. 3 . Section 3 of the Principal Act is amended by- (a) inserting after the definition " Local Government Act " the following definition:- " " Manager "-The person holding the appointment pursuant to this Act of manager of a Board: The term includes any person who performs the duties of the manager; "; (b) omitting the definition " Minister " and inserting in its stead -the following definition:- " " Minister "-The Minister for Health or other Minister of the Crown who at the nraterial time is charged with the administration of this Act: The term includes any Minister of the Crown who performs the duties of the Minister; "; (c) omitting the definition " secretary ". 4. Elimination of reference " secretary ". The Principal Act is amended by omitting the word " secretary " wherever it occurs elsewhere than in section 18 of the Principal Act and inserting in its stead in each case the word " manager ". 5. Amendment of s. 12 . Section 12 of the Principal Act is amended by, in subsection (6), omitting paragraph (iii). 6. Amendment of s. 13 . Section 13 of the Principal Act is amended by- (a) in subsection (8)- (i) omitting paragraph (ii) and inserting in its stead the following paragraph:- The office of a member- (a) being that of a representative on the Board of the component Local Authorities who is elected thereto subsequently to the first day of July in the calendar year in which he is elected, shall commence on the day of his election thereto; (b) being that of any other member, shall commence on the first day of July in the calendar year in which he is appointed or elected thereto, and in any case , unless it is sooner vacated, shall become vacant on the thirtieth day of June in the third calendar year following the calendar year in which he is appointed or elected thereto."; (ii) omitting paragraph (iii);

Hospitals Act Amendment Act 1971, No. 71 885 (b) in subsection (9), omitting paragraph (iv) and inserting in its stead the following paragraph:- " (iv) subject to this Act, the office of a member whose name is published in the Gazette pursuant to this subsection-, (a) shall commence on the date of the publication; (b) shall, unless it is sooner vacated, become vacant on the thirtieth day of June in the calendar year in which is held, in accordance with this Act, the next triennial election of members."; (c) in subsection (10), omitting the proviso -and inserting in its stead the following proviso:- " Provided that, in respect of any Board, the Governor in Council may, in extraordinary circumstances, fix a date later than that appointed by the returning officer or, where no date has been so appointed, later than the last day of June for the holding of a triennial election in a particular calendar year whereupon the election held in that year shall be held not later than the date so fixed. A date fixed under this proviso in lieu of a date appointed by a returning officer may be before or after the last day of June in the calendar year in question."; (d) in subsection (11), omitting the last paragraph and inserting in its stead the following paragraph:- "Appointment of Local Authority representative in default of election . In the event of the representative of a group of component Local Authorities or of a component Local Authority not being elected on or before the last day prescribed or fixed for the holding of the triennial election the Governor in Council may appoint a qualified person to the office that should have been filled at the election and the appointee shall be deemed to have been elected, on the date of his appointment, to the membership of the Board as the representative of the group of component Local Authorities or, as the case may be, of the component Local Authority."; (e) omitting subsection (14) and inserting in its stead the following subsection:- " (14) Validity of proceedings . An act or proceeding of a Board shall not be invalidated or prejudiced by reason of the fact that at the time when such act or proceeding was done or taken- (a) there was a vacancy in the office of any member; (b) there was a defect in the appointment of any member; (c) any member refused to participate therein or was disqualified from participating therein; (d) any person not qualified for membership acted as a member.". 7. New s. 13A. The Principal Act is amended by inserting after section 13 the following section:- " 13A. Power to dissolve Board . (1) Notwithstanding any other provision of this Act the Governor in Council may, by Order in Council, dissolve a Board- (a) when there are no members of the Board; or

886 Hospitals Act Amendment Act 1971, No. 71 (b) when circumstances have arisen that, in his opinion, render it necessary so to do. Upon dissolution of a Board for the reason referred to in paragraph (b) of this subsection the chairman and members then constituting the Board shall be deemed to have gone out of office. (2) By the Order in Council by which he dissolves a Board or by a subsequent Order in Council the Governor in Council may appoint a person to carry on for the period therein specified the functions of the Board and to that end to exercise, perform and be subject to the powers, authorities, duties and responsibilities of a Board prescribed by this Act. The person so appointed shall, for the period so specified, be deemed to duly constitute the Board for the district concerned and to be chairman of the Board. (3) For so long as a person appointed pursuant to this section continues to carry on the functions of a Board for any district the provisions of this Act with respect to the holding of triennial elections of a representative of a group of component Local Authorities or of a component Local Authority on that Board shall not apply.". 8. Amendment of s. 14. Section 14 of the Principal Act is amended by, in subsection (5), adding the following paragraph:- " An allowance granted to the chairman shall not in any case exceed an amount approved by the Minister, and an allowance granted to the deputy chairman shall not in any case exceed the amount granted as an allowance to the chairman.". 9. Amendment of s. 18. Section 18 of the Principal Act is amended by (a) in subsection (1), omitting the word " secretary " wherever it occurs in the subsection, and in the note to the subsection appearing in and at the beginning thereof and inserting in its stead in each case the word " manager "; (b) in subsection (IA), (i) omitting the word " secretary " wherever it occurs in the note to the subsection appearing in and at the beginning thereof, and in the first and third paragraphs of the subsection and inserting in its stead in each case the word " manager "; (ii) adding the following paragraphs:- " A person holding office as secretary or assistant secretary of a Board immediately prior to the passing of the Hospitals Act Amendment Act 1971 shall, on and from the passing of that Act, for so long as he continues in the office, be manager or, as the case may be, assistant manager of the Board and shall be deemed to have been thus appointed pursuant to this subsection as amended by the Hospitals Act Amendment Act 1971 on the date of his appointment as secretary or, as the case may be, assistant secretary. The manager of a Board shall, himself or by the assistant manager (if there is one), perform the secretarial work required for the proper performance of the Board's functions and the

Hospitals Act Amendment Act 1971, No. 71 887 proper exercise of the Board ' s powers and authorities under this Act."; (c) in subsection (1B), (i) omitting the word " secretary " where it secondly occurs in the note to the subsection appearing in and at the beginning thereof and inserting in its stead the word " manager "; (ii) omitting the word " secretary " wherever it occurs in the general words following subparagraph ( b) of paragraph ( i) and inserting in its stead in each case the word " manager "; (iii) omitting the word " secretary " wherever it occurs in paragraph ( ii) and inserting in its stead in each case the word " manager ". 10. Amendment of s. 18a. Section 18B of the Principal Act is amended by, in subsection (2),- (a) inserting in paragraph (a) after the word " dismissed " the brackets and words "(otherwise than pursuant to section 41 of this Act) "; (b) adding the following paragraph:- " (d) If a charge of any prescribed offence against an officer or other employee of a Board who, on account of that charge, has been suspended from duty pursuant to section 44 of this Act is not admitted by him and is found by the Appeal Board to be not proven the person charged shall be entitled to be re-instated in the position from which he was suspended without loss of salary or wages in respect of the period of his suspension.". 11. Amendment of s. 20 . Section 20 of the Principal Act is amended by omitting subsection (5) and inserting in its stead the following subsection:--- " (5) Procedure before making contracts. Except in cases of emergency, before it enters into a contract for the execution of work or the furnishing of materials, in either case at a cost to the Board of $200 or more, a Board shall- (a) where the cost to the Board of the work or materials does not exceed $500, in such manner and to such extent as will in the Board's opinion ensure its receipt of the greatest number of quotations, invite and give opportunity for the making of quotations; (b) where the cost to the Board of the works or. materials exceeds $500, at least three weeks before making the contract give notice of its intention so to do, and thereby invite tenders by publishing the notice in such newspaper or newspapers, in such manner and to such extent as will in the Board's opinion ensure its receipt of the greatest number of tenders. A Board may accept the quotation or, as the case may be, tender that in all the circumstances appears to it to be the most advantageous to it and may take security for the due performance of the contract but shall not be obliged to accept any quotation or tender received.".

888 Hospitals Act Amendment Act 1971, No. 71 12. Amendment of s. 21. Section 21 of the Principal Act is amended by- (a) in subsection (1), omitting the third paragraph and inserting in its stead the following paragraph:- " Moneys shall be paid out of any such bank account by means of cheque only signed as prescribed by this paragraph, that is to say- (a) cheques drawn on a bank account kept for the Patients' Trust Fund shall be signed by the manager or by a person or persons thereunto authorised by the Minister on the recommendation of the Auditor-General; (b) cheques drawn on a bank account kept for any other Fund referred to in this subsection shall- (i) in the case of a bank account kept by the Central Accounting Bureau referred to in section 5c of this Act, be signed by the Manager or other person or persons thereunto authorized by the Minister on the recommendation of the Auditor-General, and be countersigned by the chairman or by the deputy chairman of a Board for which the Bureau performs functions or by any other person thereunto authorized by such a Board on the recommendation of the Auditor-General and approved by the Minister; (ii) in the case of any other bank account, be signed by the manager or other person or persons authorized by the Minister on the recommendation of the Auditor-General, and be countersigned by the chairman or deputy chairman or by any two members of the Board thereunto authorised by it.". 13. Amendment of s. 22. Section 22 of the Principal Act is amended by- (a) omitting subsections (2) and (3) and inserting in their stead the following subsections:- " (2) Budget for General Fund only. The budget of the Board shall be framed for the General Fund kept by the Board pursuant to section 21 of this Act and shall be adopted by the Board on or before the thirty-first day of August in the year for which it is framed. Every budget of a Board shall be open to inspection. (3) Statements for other Funds of Board. The Board shall in each year submit to the Minister a statement of receipts and disbursements for every Fund kept by the Board pursuant to section 21 of this Act other than the General Fund. Such a statement shall be in such form as is at the material time approved by the Minister and shall be submi.ted to the Minister at such time or times as are specified by him."; (b) in subsection (4), omitting paragraphs (iii), (iv) and (v) and inserting in their stead the following paragraph:- " (iii ) the Board may in any year make an ordinary disbursement prior to its adoption of the budget for that year but, it if does so, the item of disbursement shall be included in the budget for that year.";

Hospitals Act Amendment Act 1971, No. 71 889 (c) omitting subsection (5); (d) renumbering subsection (6) as subsection (5) and in that subsection adding the following paragraph:- " When the Governor in Council has approved of a budget of a Board, such budget as approved, whether or not it has been amended pursuant to this subsection, shall be binding upon the Board."; (e) inserting after subsection (5) the following subsection:- " (6) The Board shall observe the budget binding upon it and, as nearly as may be, balance that budget. Any balance of moneys standing to the credit of the General Fund of the Board at the end of the year for which the budget is framed shall be paid by the Board to the Treasury for payment to the Hospital Administration Trust Fund. At the close of each year all authorizations of expenditure and votes of money therefor shall lapse but any vote so lapsing may be revoted."; (f) in subsection (8), inserting after the word " budget " wherever it occurs the words " or statement ". 14. Amendment of s. 24 . Section 24 of the Principal Act is amended by- (a) in subsection (2), omitting the proviso and inserting in its stead the following paragraph:- Before- (a) inviting tenders relating to the execution of work or the furnishing of materials to meet the cost whereof the Board has borrowed or may have to borrow money, or accepting any such tenders submitted; or (b) incurring any liability to expenditure for the preparation of plans or specifications of proposed such work, the Board shall obtain the sanction thereto of the Minister."; (b) omitting subsection (3) and inserting in its stead the following subsection:- " (3) Procedure by Board . (a) Before proceeding to borrow money the Board shall pass a resolution authorizing it to borrow money at a special meeting called for that purpose. (b) In every case the Board shall, in respect of the execution of proposed work to meet the cost whereof the Board has borrowed or may have to borrow money, cause to be prepared- (i) plans and specifications of the proposed work; (ii) an estimate of the cost thereof; (iii) a statement showing the proposed' expenditure of the money borrowed or to be borrowed, and shall obtain the Minister's approval to such plans and specifications.". 15. Amendment of s. 27. Section 27 of the Principal Act is amended by, in subsection (3), omitting the three paragraphs comprising provision (i) and inserting in their stead the following paragraph:- " (i) A by-law- (a) may provide that the owner of a vehicle shall be liable for the offence consisting of bringing, parking or standing a vehicle onto or on premises or land under

890 Hospitals Act Amendment Act 1971, No. 71 the control of the Board in breach of the Board's by-laws, whether he was or was not in charge of the vehicle at the material time; (b) may define who shall be taken to be the owner of a vehicle for the purposes of the by-laws; (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 by-laws from the owner of the vehicle concerned as well as from the persoh in charge of the vehicle at the material time.". 16. Amendment of s. 37. Section 37 of the Principal Act is amended by, in subsection (5), omitting the words " the General Fund " and inserting in their stead the words " The Collections Account ". 17. Amendment of s. 38 . Section 38 of the Principal Act is amended by omitting subsection (3). 18. New Part VI. The Principal Act is amended by inserting after section 39 the following heading and section:- " PART VI-ADMINISTRATION OF STAFF 40. Care of Board 's property. (1) An employee of a Board shall be held responsible for the careful use and preservation of all property of the Board in his custody, care or control. (2) An employee of a Board shall observe strict economy in the use of motor vehicles, plant, equipment, stores and materials supplied for the Board's purposes. (3) An employee of a Board- (a) shall not wilfully damage or destroy or be negligent in protecting the property of the Board; (b) shall not use any motor vehicles, plant, equipment, stores or materials, the property of the Board, except for the purposes of the Board.". 19. New ss. 41 and 42 . The Principal Act is amended by inserting after section 40 the following sections:- " 41. Indictable offences by employees . (1) If an employee of a Board is charged with an indictable offence he may be suspended from duty by the Board or by the permanent head. (2) If an employee of a Board is convicted of an indictable offence the Board may summarily dismiss him. (3) The Board may at any time remove the suspension imposed upon an employee pursuant to subsection (1) of this section whereupon that employee shall be entitled to return to duty in the Board's employ in any position determined by the Board. (4) Action taken against an employee of a Board pursuant to this section shall not prevent his being disciplined under some other provision of this Act but the employee shall not be twice punished by the Board for the same offence or matter.

Hospitals Act Amendment Act 1971, No. 71 891 . 42. Manner of dealing with offender not to affect nature of conviction . (1) Notwithstanding the provisions of any Act or law to the contrary, an employee of a Board. who is convicted summarily of an indictable offence shall, for the purposes of section 41 of this Act, be taken to be convicted of an indictable offence. (2) The provisions of subsection (1) of section 19 of The Offenders Probation and Parole Acts 1959 to 1968 shall not apply in respect of a conviction for an indictable offence of an employee of a Board.". 20. New s. 43. The Principal Act is amended by inserting after section 42 the following section:- " 43. Entitlements of suspended or dismissed employee. (1) An employee of a Board suspended from duty pursuant to section 41 of this Act who is acquitted of all offences of which he might have been convicted upon the charge of an indictable offence made against him shall be entitled to be re-instated in the position from which he was suspended without loss of salary or wages in respect of the period of his suspension save where he is charged pursuant to section 44 of this Act with a disciplinary offence arising out of the circumstances upon which the charge of the indictable offence was made, or any of such circumstances, either alone or with the addition of other circumstances. This subsection applies as well to an employee who at the time of his acquittal is no longer suspended from duty as to the employee who remains suspended from duty at that time. (2) Subject to subsection (1) of this section, an employee of a Board suspended from duty or dismissed pursuant to section 41 of this Act shall not be entitled to be paid any salary or wages for the period during which he did not perform or, as the case may be, from the date on which he ceased to perform duties on behalf of the Board.". 21. New s. 44. The Principal Act is amended by inserting after section 43 the following section:- 44. Disciplinary offences. (1) An employee of a Board who- (a) contravenes or fails to comply with any provision of this Act; or (b) disobeys, disregards, or makes wilful default in carrying out any lawful order given by a person having authority to give the order; or (c) by word or conduct displays insubordination; or (d) is negligent , careless, or indolent in the discharge of his duties; or ( e) is incompetent or inefficient in the discharge of his duties, his incompetence or inefficiency arising from causes within his control; or (f) uses intoxicating beverages or drugs to excess; or (g) is guilty of disgraceful or improper conduct, or of any act or conduct that shows his unfitness to continue in the service of the Board; or (h) otherwise than in the discharge of his duties on behalf of the Board directly or indirectly discloses information acquired in the course of his duties or otherwise as an

892 Hospitals Act Amendment Act 1971, No. 71 employee of the Board except at the direction or with the permission of the permanent head or of the person in charge of the sub-branch or section in which he is employed, commits an offence that in this Part is called a " disciplinary offence ". (2) If an employee of a Board is charged with a disciplinary offence pursuant to this section he may be suspended from duty by the permanent head or by the person in charge of the sub-branch or section in which the employee is employed. (3) If the person in charge of a sub-branch or section suspects that an employee of the Board employed in that sub-branch or section has committed a disciplinary offence he shall forthwith furnish to the permanent head a full and accurate report of the circumstances relating to the suspected offence. (4) The permanent head may charge the employee with any disciplinary offence that in his opinion is shown by the report and, if he does so, shall furnish to the employee- (a) a copy of the charge; and (b) a notice in writing that requires the employee to state in writing within the time specified in the notice whether he admits or denies the truth of the charge and to submit in writing within such time to the person nominated in the notice any explanation he desires to submit as to the matter of the charge. (5) If the Board, having regard to the evidence available as to the alleged offence and to the statement and explanation (if any) submitted by the employee charged, is satisfied that any disciplinary offence has been committed by the employee it may- (a) caution or reprimand him; or (b) order a sum not exceeding $100 to be deducted by way of penalty from the salary or wages of the employee;. or (c) demote the employee to a less position in the Board's service, or order that his salary or wages be reduced accordingly, or both; or (d) dismiss the employee. An order referred to in the foregoing paragraph (b) or (c) and made pursuant to this subsection shall be sufficient authority for the making of the deduction or reduction in accordance with the terms of the order. (6) This section shall not affect the liability of an employee of a Board to be dealt with under section 37 of this Act for a contravention or failure to comply with any provision of this Act. (7) A charge laid under this section may relate to more than one offence and a charge that relates to more than one offence may be considered and disposed of in respect of all the offences at the one time. 22. New s. 45. The Principal Act is amended by inserting after section 44 the following section:- " 45. Entitlement of suspended employee to re-instatement. If a charge of a disciplinary offence against an employee of a Board who is, on account of that charge, suspended from duty pursuant to section 44 of this Act is not admitted by him and is

Hospitals Act Amendment Act 1971, No. 71 893 found by the Board to be not proven, the permanent head shall forthwith remove the suspension and the employee shall be entitled to be re-instated in the position from which he was suspended without loss of salary or wages in respect of the period of his suspension.". 23. New s. 46. The Principal Act is amended by inserting after section 45 the following section:- " 46. Meaning of " employee " and " permanent head ". In this Part " employee " includes any officer or other employee in the service of a Board; " permanent head " means the person who in accordance with the regulations is the permanent head of that branch of a Board wherein is employed at the material time the employee of the Board to whom it is sought to apply the provisions of this Part.". 24. Extension of term of office of existing Board members . The office of a member of a Board who holds such office at the date of commencement of this Act shall not become vacant as prescribed in the Principal Act but shall become vacant on the date on which it would become vacant had the member been appointed or elected thereto under the Principal Act as amended by this Act.