Hospitals Act Amendment Act 1976 (Qld)

64 Q=2xtsI ANNO VICESIMO QUINTO ELIZABETHAE SECUNDAE REGINAE No. 6 of 1976 An Act to amend the Hospitals Act 1936-1971 in certain particulars [ASSENTED TO 2ND APRIL, 1976] 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 1976, (2) The Hospitals Act 1936-1971 is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Hospitals Act 1936-1976.

Hospitals Act Amendment Act 1976, No. 6 65 2. Amendment of s. 3. Section 3 of the Principal Act is amended by inserting after the term " Component Local Authority " the following term:- " DDirecttoorr-- GGeenneeraral l "-The Director-General of Health and Medical Services for the State of Queensland appointed under the Health Act1937-1975; ". 3. Amendment of s. 4. Section 4 of the Principal Act is amended by_ (a) in subsection (1), omitting the words " recommendation of the Public Service Commissioner " and substituting the words " nomination of the Under Secretary, Department of Health "; (b) in subsection (3), omitting the words " recommendation of the Public Service Commissioner " and substituting the words " nomination of the Under Secretary, Department of Health ". 4. Amendment of s. 4A. Section 4A of the Principal Act is amended by- (a) in subsection (1), in the first proviso to the subsection, omitting the words " University of Queensland " and substituting the words " university established in Queensland in respect of which the hospital in question is to be approved as a training school "; (b) in subsection (2), (i) omitting the words " the University of Queensland " where they first occur and substituting the words " a university established in Queensland "; (ii) omitting the words " any hospital so approved " and substituting the words " the hospital approved as a training school in respect of the university to which he has been admitted "; (iii) omitting the words " the University of Queensland " where they secondly occur and substituting the words " his university ". 5. Amendment of s. 5. Section 5 of the Principal Act is amended by- (a) in the first paragraph, (i) omitting the word " matron " and substituting the words " nursing superintendent "; (ii) inserting at the end of the paragraph the words " , and shall not be dismissed without the prior approval of the Director-General "; (b) in the third paragraph, in the proviso to the paragraph, omitting the words " University of Queensland " and substituting the words " university in Queensland in respect of which the hospital is so approved ". 6. Amendment of s. 5B. Section 5s of the Principal Act is amended by, in subsection (3), in the first paragraph, inserting at the end of the paragraph the words " , and shall not be dismissed without the prior approval of the Director of Dental Services in Queensland ". 7. Amendment of s. 5C. Section 5c of the Principal Act is amended by- (a) in subsection (1), (i) in paragraph (a), (A) inserting after the words " The South Brisbane Hospitals Board " the words ", The Chermside Hospitals Board ";

66 Hospitals Act Amendment Act 1976, No. 6 (B) omitting the words " and the City of Redcliffe " and substituting the words " that is specified by Order in Council as being included in the organisation "; (ii) omitting paragraph (b) and substituting the following paragraph:- (b) the term " manager " means the person who is the manager of The North Brisbane Hospitals Board."; (b) omitting subsection (3) and substituting the following subsection:- " (3) Officers, other than the Officer in Charge, Central Accounting Bureau, shall be appointed by The North Brisbane Hospitals Board and the appointees shall be employees of that Board."; (c) in subsection (5), in the second paragraph, inserting after the word " manager " the words " or such other person as the manager, in writing, directs ". 8. Amendment of s. 13. Section 13 of the Principal Act is amended by- (a) in subsection (6), inserting after the word " who " the words "has not attained the age of 70 years at the date of his appointment and "; , (b) in subsection (7), (i) omitting paragraph (i); (ii) omitting the expression " member: " and substituting the expression " member."; (iii) omitting the proviso; (c) in subsection (8), (i) inserting immediately before the paragraph commencing with the words " The office of a member-" and concluding with the words or elected thereto " the expression " (ii) "; (ii) in paragraph (ii) as so numbered, in subparagraph (b) inserting after the words " other member " the words " (other than a member appointed pursuant to subsection (13)) "; (iii) in paragraph (iv), inserting at the end of subparagraph (d) the following subparagraph:- " or (e) If he attains the age of 70 years ". (d) omitting subsection (13) and substituting the following subsection:- " (13) Casual vacancies . If at any time a vacancy arises in the office of Chairman or member from any cause, including a vacancy arising from the number of members comprising a Board being increased by Order in Council but excluding triennial retirement, the Governor in Council shall appoint a qualified person to the vacant office and that person's term of office shall commence on the date he is appointed and shall, unless it is sooner vacated, become vacant on 30 June in the calendar year in which is held, in accordance with this Act, the next triennial election of members.".

Hospitals Act Amendment Act 1976, No. 6 67 9. Amendment of s. 18. Section 18 of the Principal Act is amended by inserting after subsection (7) the following subsection:- " (8) Boards' discretion re overtime . Notwithstanding the provisions of paragraph (c) of section 14 (1) of the Industrial Conciliation and Arbitration Act 1961-1975, the working of overtime by an officer or other employee in the service of a Board at a salary in excess of such sum as the Governor in Council pursuant to provision (7) of section 96 of that Act from time to time determines, and remuneration in respect of such overtime, shall be in the discretion of the Board in question.". 10. Amendment of s. 18B. Section 18s of the Principal Act is amended by, in subsection (1), in paragraph (c)- (a) in subparagraph (i)- (i) inserting after the words " The South Brisbane Hospitals Board " the words ", The Chermside Hospitals Board "; (ii) omitting the words " and the City of Redcliffe " and substituting the words " that is specified by Order in Council "; (b) in subparagraph (ii), inserting after the words " with such Boards " the words " or with The Redcliffe Hospitals Board prior to the date of commencement of the Hospitals Act Amendment Act 1976 "; (c) inserting at the end of subparagraph (iii) the following subparagraph- '' (iv) any officer employed full-time in a clerical office by The Redcliffe Hospitals Board,at the date of commencement of the Hospitals Act Amendment Act 1976 whose employment with that Board is then permanent, or is thereafter made permanent, shall- (A) be deemed to have been employed permanently and full-time by that Board during his continuous employment full-time .in a clerical office or offices with that Board prior to the commencement of that Act or, as the case may be, the date when his employment with that Board is made permanent; (B) be entitled to have all employment had by such officer with a Board specified in subparagraph (i) of this paragraph taken into account as if it had been employment by The Redcliffe Hospitals Board ". 11. Amendment of s. 20 . Section 20 of the Principal Act is amended by in subsection (5), in subparagraph (a) and subparagraph (h) omitting the expression " $500 " and substituting the expression " $1000 " in each case. 12. Amendment of s. 21 . Section 21 of the Principal Act is amended by- (a) in subsection (1), (i) omitting the word " and " occurring between subparagraphs (c) and (d); (ii) inserting at the end of subparagraph (d) the following subparagraph:- and (e) A Special Purposes Fund ";

68 Hospitals Act Amendment Act 1976, No. 6 (b) in subsection (la), (i) in paragraph (b), inserting at the end of subparagraph (iv) the following subparagraph:- i< (v) all moneys received by the governing bodies of such hospitals (being hospitals other than hospitals under the control of Boards) as are specified by Order in Council in respect of- (A) charges for accommodation and nursing attention paid by patients; (B) daily bed payments paid pursuant to the Health InsuranceAct1973 of the Commonwealth or pursuant to any Act passed in amendment or substitution of that Act; (C) such other amounts paid as the Minister considers should be applied to the expenditure incurred in operating the hospitals "; (ii) omitting paragraph (e) and substituting the following paragraph:- " (e) The Hospital Administration Trust Fund shall be applied to- (i) payment of moneys to the General Fund of any Board for all or any of the purposes for which the General Fund. may be applied; (ii) payment of moneys to the governing bodies of hospitals specified pursuant to subparagraph (v) of paragraph (b) to meet the expenditure incurred in operating those hospitals."; (c) inserting after subsection (5), the following heading and subsection:- "SPECIAL PURPOSES FUND (5A) (a) The Special Purposes Fund shall consist of all moneys received by the Board for special purposes (other than bequests, legacies, gifts or devises) where the payer directs the special purpose to which the moneys are to be applied. (b) The Special Purposes Fund shall be applied to the special purpose directed and for no other purpose. (c) Pending the application of the Special Purposes Fund pursuant to paragraph (b), all or part of the moneys in the Special Purposes Fund may be invested pursuant to subsection (6) and the interest accruing from that investment shall be paid by the Board into " The Collections Account ".". 13. Amendment of s. 25 . Section 25 of the Principal Act is amended by, in subsection (2), in paragraph (ii), omitting the words " and sealed with the seal of the Board ". 14. Amendment of s. 26 . Section 26 of the Principal Act is amended by omitting subsection (8) and substituting the following subsection:- " (8) Without limiting the generality of its powers and authorities in relation to the function of, the treatment of the sick and the provision of a medical service the governing body of any hospital approved as a training school mnay- (a) provide facilities at that hospital for a course in nursing training or ancillary nursing training;

Hospitals Act Amendment Act 1976, No. 6 69 (b) provide for a course in medical or dentistry training or ancillary medical or dentistry training at the university in Queensland in respect of which it is the approved hospital.". 15. Amendment of s. 34. Section 34 of the Principal Act is amended by- (a) in the first paragraph omitting the words " other private charitable " and substituting the words " hospital or other "; (b) in the first proviso to the first paragraph inserting after the words " governing authority of the " the words " hospital or ". 16. Amendment of s. 41. Section 41 of the Principal Act is amended by in subsection ( 1) inserting after the words " permanent head " the words " or, if the employee is a medical superintendent or nursing superintendent, by the chairman ". 17. Amendment of s. 44 . Section 44 of the Principal Act is amended by- (a) in subsection (2), omitting all words commencing with the words " by the permanent head " to the end of the subsection and substituting the following words:- (a) in the case of a medical superintendent or nursing superintendent, by the chairman who shall advise the Director-General of the suspension; (b) in the case of any other employee, by the permanent head or by the person in charge of the sub-branch or section in which the employee is employed."; (b) in subsection (4), (i) inserting after the words " permanent head " the words " or, if the employee is a medical superintendent or nursing superintendent, the manager "; (ii) inserting after the word " report " the words " or, if the employee is a medical superintendent or nursing superintendent, the manager's inquiries ". 18. Amendment of s. 45. Section 45 of the Principal Act is amended by- (a) inserting after the words " permanent head " the words " or, if the employee is a medical superintendent or nursing superintendent, the chairman "; (b) inserting at the end of the section the following paragraph:- If the employee is a medical superintendent or a nursing superintendent, the chairman shall advise the Director-General of the finding, removal and re-instatement referred to in this section.". 19. Amendment of Third Schedule. The Principal Act is amended by, in the Third Schedule- (a) in clause 4, (i) omitting the note appearing in and at the beginning of the clause and substituting the note " Secretary."; (ii) omitting from the clause the word " manager " and substituting the word " secretary ";

70 Hospitals Act Amendment Act 1976, No. 6 (b) in clause 8, (i) omitting the words " and Home Affairs "; (ii) omitting the word " manager " where it secondly occurs and substituting the word " secretary "; (c) in clauses 11, 12, 13, 14, 15, 19, 25 and 27 omitting the word " manager " wherever it occurs and substituting the word " secretary in each case; (d) in clause 23, in the second paragraph, omitting all words commencing with the words "but not exceeding" to the end of the paragraph and substituting the words " and where it is necessary for a witness to use his own motor vehicle, motor-cycle or push-bicycle he may be paid an allowance at a rate not exceeding the rate determined pursuant to regulation 82 (2) of The Public Service Regulations of 1958 as amended from time to time for the distance actually and necessarily travelled by him in his attendance at the hearing."; (e) in clause 28, in subclause (2), inserting at the end of the subclause the following paragraph:-- " In this subclause the expression " permanent such force " does not include service as required by the National Service Act 1915-1971 of the Commonwealth or by any Act passed in .amendment or substitution of that Act.".