Hospitals Act Amendment Act 1978 (Qld)

323 Qarfltslm^ ANNO VICESIMO SEPTIMO ELIZABETHAE SECUNDAE REGINAE No. 40 of 1978 An Act to amend the Hospitals Act 1936-1976 in certain particulars and for another purpose [ASSENTED TO 8TH JUNE, 1978] 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 1978. (2) The Hospitals Act 1936-1976 isi n this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Hospitals Act 1936-1978.

324 Hospitals Act Amendment Act 1978, No. 40 2. Amendment of s. 1 . Section 1 of the Principal Act is amended by, in subsection (3)- (a) omitting the words " Section 5-Chairman of Board," and substituting the following words:- Section 4A-Approval of hospitals for training of medical and other students, Section 5-Certain applications to be submitted to Director- General, Section 5A-Establishment of medical specialties at hospitals, Section 5B-Director of Dental Services in Queensland, Section 5c-Central Accounting Bureau,"; (b) omitting the words " Section 9-Power to Assume Control of Voluntary Hospitals,"; (c) inserting after the words " Section 12-New Districts and Boards," the following words:- Section 12A-Establishment of Hospitals regions, Section 12B-Determination of base hospitals, Section 12c-Administrator to be corporation sole, Section 12D-Administrator to have functions etc. of Board, Section 12E-Dissolution of corporation sole, Section 12F-Vacation of office of Administrator, Section 12G-Construction of reference " Board ", "; (d) omitting from the words " Section 23-Contributions by Government and Local Authority," the words " and Local Authority "; (e) inserting after the words " Section 45-Entitlement of suspended employee to re-instatement," the following words:- " Section 45A-Retirement of incapable employee,"; (f) omitting the words " Second Schedule-Rules for the Conduct of Elections by Contributors " and substituting the following words:- " Third Schedule-Appeals against promotion and punishment ". 3. Amendment of s. 4A . Section 4A of the Principal Act is amended by omitting subsection (1) and substituting the following subsection:- " (1) The Governor in Council from time to time by Order in Council may approve that a hospital be a training school in respect of- (a) all branches of medicine or dentistry; (b) such branches of medicine or dentistry as are specified in the Order; (c) training that is ancillary to those branches. Prior to making such order- (a) the Governor in Council may have regard to any recommendation of the Senate of the university established in Queensland in respect of which the hospital in question is to be approved as a training school; and (b) if the hospital in question is not subject to this Act, the consent of the governing body of the hospital to the proposed approval shall be obtained.".

Hospitals Act Amendment Act 1978, No. 40 325 4. Amendment of s. 5. Section 5 of the Principal Act is amended by omitting the first paragraph and substituting the following paragraph:- Every appointee to the position of- (a) medical officer; (b) medical superintendent or nursing superintendent; or (c) such other position as is prescribed, of a hospital shall be a person approved by the Director-General and shall not be dismissed without the prior approval of the Director-General.". 5. Amendment of s. 5A. Section 5A of the Principal Act is amended by- (a) in the note appearing in and at the beginning of the section, omitting the word " base "; (b) omitting from the section the word " base " wherever occurring. 6. Amendment of s. 6 . Section 6 of the Principal Act is amended by- (a) inserting after the first paragraph the following paragraph:- " The power of the Governor in Council to make regulations referred to in the preceding paragraph includes- (a) power to make such regulations notwithstanding that such regulations provide for purposes that pursuant to section 27 or otherwise under this Act are purposes for which the Board may make by-laws; (b) power to make such regulations to have effect in all districts or in respect of all hospitals throughout the State or in one or more particular districts or in respect of one or more particular hospitals in the State, and in the event of inconsistency between a regulation and a by-law the former shall prevail and the latter shall, to the extent of the inconsistency, be invalid."; (b) inserting after provision (d) the following subparagraph:- " Subject to this Act, regulations with respect to all or any of the following matters, namely:- (a) fees and charges that may be charged by Boards for patient accommodation, medical and nursing services, dental, diagnostic and therapeutic services, special medical examinations or reports; (b) administrative arrangements of the Board and Hospitals Board service administration; long service leave; (c) all other matters required or permitted by this Act to be prescribed."; (c) in the paragraph commencing with the words " The regulations may prescribe " inserting after the word " fees " the words " in addition to the fees and charges hereinbefore specified ".

326 Hospitals Act Amendment Act 1978, No. 40 7. Amendment of s. 12 . Section 12 of the Principal Act is amended by- (a) in subsection (1), omitting the words ", and constitute a Board for such district as hereinafter provided " and substituting the following words :- " and for such district- (a) appoint an Administrator; or (b) constitute a Board as hereinafter provided "; (b) in subsection (2), (i) in paragraph (a), omitting the words ", and constitute a Board for such district as hereinafter provided " and substituting the following words:- andd for such district- (i) appoint an Administrator; or (ii) constitute a Board as hereinafter provided "; (ii) omitting paragraph (b) and substituting the following paragraph :- " (b) Transfer to and vest in such Board or a corporation sole constituted by an Administrator the assets and functions of any organisation for the treatment of the sick within the district "; (c) in subsection (5), (i) in paragraph (i), (A) inserting after the word " Board " where firstly occurring the words " or a corporation sole constituted by an Administrator "; (B) in subparagraph (b), inserting after the word " Board " the words " or to a corporation sole "; (C) omitting the words " Part IV of this Act, or "; '(D) inserting after the word " Board " where lastly occurring the words " or, as the case may be, corporation sole "; (ii) in paragraph (ii), (A) inserting after the word " Board " where firstly occurring the words " or a corporation sole constituted by an Administrator "; (B) inserting after the word " Board " where secondly occurring the words " or, as the case may be, corporation sole ". 8. New heading and ss. 12C-12G. The Principal Act is amended by inserting after section 12B the following heading and sections:- " LEGAL STATUS OF ADMINISTRATORS 12C. Administrator to be corporation sole. Every Administrator appointed for a district shall by the name of " The [Naive of District] Hospitals Administrator " be a corporation sole with perpetual succession and a common seal, and shall be capable in law of suing and being sued, and of purchasing, holding, and alienating land, and of doing and suffering all such other acts and things as bodies corporate may by law do and suffer. 12D. Administrator to have functions etc. of Board. Every Administrator appointed for a district shall, in respect of that district, have and discharge the functions and duties and have and may exercise the powers and authorities entrusted, imposed or conferred on a Board by or under this Act.

Hospitals Act Amendment Act 1978, No. 40 327 12E. Dissolution of corporation sole. (1) The Governor in Council may at any time dissolve a corporation sole constituted by an Administrator for a district and may, if he thinks fit, constitute for that district a Board as hereinafter provided. (2) Dissolution of a corporation sole referred to in subsection (1) shall be effected by way of Order in Council expressed to dissolve the corporation and to remove from office the Administrator who constitutes the corporation. (3) If a Board is to be constituted for a district in place of an Administrator the constitution of that Board shall be provided for in the same Order in Council whereby the Administrator is removed from office. (4) Where a Board is constituted for a district in place of an Administrator the assets and entitlements of the dissolved corporation sole shall, by force of this Act, vest in the Board and the liabilities of the dissolved corporation sole shall, by force of this Act, become the liabilities of the Board and may be enforced against it as if they had been incurred by it. 12F. Vacation of office of Administrator . (1) An Administrator shall be taken to have vacated his office if he resigns therefrom by writing furnished to the Minister or if he is removed therefrom by the Governor in Council. (2) The Governor in Council may, at any time, by notification given to the Administrator and published in the Gazette remove from his office an Administrator who- (a) is incapable, in the opinion of the Governor in Council, of discharging the duties of his office; or (b) is, in the opinion of the Governor in Council, incompetent or unfit to hold office. 12G. Construction of reference " Board ". A reference in this Act to Board, in whatever terms expressed, shall be construed to include reference to a corporation sole constituted by an Administrator except where the reference occurs in section 12D or 12E or the reference occurs in a provision such that it would not be proper or reasonable to apply the provision to such a corporation sole.". 9. Amendment of s. 13. Section 13 of the Principal Act is amended by- (a) in subsection (8)- (i) inserting at the end of subparagraph (e) of the first paragraph of provision (iv) the following subparagraph:- " or (f) If he is removed from his office by the Governor in Council "; (ii) inserting after provision (iv) the following provision:- " (iva) The Governor in Council may at any time remove from office a member of a Board if- (a) he is incapable, in the opinion of the Governor in Council, of discharging the duties of his office; or (b) he is, in the opinion of the Governor in Council, incompetent or unfit to hold office."; (b) inserting after subsection (11) the following subsection:- " (12) Allowances and expenses . Members of Boards shall be paid such allowances and expenses as are prescribed.".

328 Hospitals Act Amendment Act 1978, No. 40 10. Amendment of s. 20 . Section 20 of the Principal Act is amended by in the last paragraph of subsection (3) inserting after the word " action " the words " at the suit of the Minister ". 11. Amendment of s. 21. Section 21 of the Principal Act is amended by in subsection (1), in subparagraph (b) of the third paragraph, omitting provision (ii) and substituting the following provision:- (ii) in the case of any other bank account, be signed- (A) 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 two members of the Board thereunto authorized by it; or (B) if an administrator has been appointed pursuant to section 12c or 13A, by the administrator and a person authorized by the Minister on the recommendation of the Auditor- General.". 12. Amendment of s. 22 . Section 22 of the Principal Act is amended by- (a) in paragraph (i) of subsection (4)- (i) in subparagraph (a) omitting provision (1); (ii) omitting subparagraph (b) and substituting the following subparagraph:- (b) The amounts expected to be received from the Hospital Administration Trust Fund "; (b) omitting subsection (8) and substituting the following subsections:- " (8) If in any year it appears to a Board that there has arisen an unforeseen and emergent or extraordinary circumstance that may require the Board to make in that year a disbursement from its general fund that was not provided for in the budget for that year or that exceeds the amount estimated in respect of a disbursement item in the budget for that year the Board shall before making such disbursement or excess disbursement- (a) by resolution declare that such disbursement or excess disbursement is necessary in the unforeseen and emergent or extraordinary circumstance; and (b) obtain approval of the Minister that such disbursement or excess disbursement may be made. (9) (a) As soon as practicable after the close of each year each Board shall prepare and lodge with the Minister a return showing particulars of all disbursements and excess disbursements made by the Board under subsection (8) of this section during the year last preceding and the circumstances in which each such disbursement or excess disbursement was made and shall apply to the Minister for approval in accordance with this subsection of the making of each such disbursement or excess disbursement. (b) When an application is made under paragraph (a) of this subsection the Board shall supply such information as the Minister may require.

Hospitals Act Amendment Act 1978, No. 40 329 (c) In respect of any budget item that may be deficient the Minister may approve that it be aided by the transfer to it of a sum from any surplus in any other disbursement item provided for in the budget (as approved pursuant to subsection (5) of this section) for the year in question. (d) When the making of disbursements in the circumstances specified in subsection (8) of this section results in the Board's exceeding the total amount of all items of disbursements provided for in its budget (as approved pursuant to subsection (5) of this section) for the year in question, the Governor in Council may- (i) approve a supplementary budget in respect of that year increasing that total amount by the amount by which it has been exceeded by those disbursements and authorise the making of those disbursements; and (ii) approve the charging of such lastmentioned amounts to such budget item or items as he thinks fit. (10) If, in any year, a Board makes a disbursement- (a) that was not provided for }r1, the budget of the Board for that year (as approved pursuant to subsection (5) of this section); (b) that exceeds the amount estimated in respect of that disbursement in such budget (as approved pursuant to subsection (5) of this section); or (c) in contravention of subsection (3), (4), (5) or (5A) of section 21 of this Act, all the members of the Board who voted for such disbursement, or excess disbursement, as the case may be, shall be jointly and severally liable to repay to the Board the amount of such disbursement or excess disbursement, as the case may be, unless, in the case of any disbursement or excess disbursement from the general fund, pursuant to subsection (9) of this section- (i) the Minister approves of the budget item for which the disbursement has been made being aided; or (ii) the Governor in Council authorises the making of the excess disbursement. Such amount may be recovered from such members or any of them as money due and owing to the Board by action at the suit of the Minister in any court of competent jurisdiction.". 13. Amendment of s. 27. Section 27 of the Principal Act is amended by, in subsection (3)- (a) in provision (ii), omitting the word " whatever " and substituting the words " that is not provided for in the regulations "; (b) omitting provisions (iii) and (ix). 14. Amendment of s. 41 . Section 41 of the Principal Act is amended by, in subsection (1), omitting the words " is a medical superintendent or nursing superintendent " and substituting the words " holds a position specified in provision (b) or (c) of the first paragraph of section 5 ".

330 Hospitals Act Amendment Act 1978, No. 40 15. Amendment of s. 44 . Section 44 of the Principal Act is amended by- (a) in subparagraph (a) of subsection (2), omitting the words " a medical superintendent or nursing superintendent " and substituting the words " an employee who holds a position specified in provision (b) or (c) of the first paragraph of section 5 "; (b) in subsection (4), omitting the words " is a medical superintendent or nursing superintendent " where twice occurring and substituting the words " holds a position specified in provision (b) or (c) of the first paragraph of section 5 "; (c) in subsection (5), omitting paragraph (d) and substituting the following paragraph: " (d) subject to the provisions of sections 5 and 5B (3), dismiss the employee.". 16. Amendment of s. 45 . Section 45 of the Principal Act is amended by- (a) in the first paragraph, omitting the words " is a medical superintendent or nursing superintendent " and substituting the words " holds a position specified in provision (b) or-(c) of the first paragraph of section 5 "; (b) in the second paragraph, omitting the words " is a medical superintendent or a nursing superintendent " and substituting the words " holds a position specified in provision (b) or (c) of the first paragraph of section 5 ". 17. New s. 45A. The Principal Act is amended by inserting after section 45 the following section:- " 45A. Retirement of incapable employee. (1) A Board may require an employee to be examined by a medical practitioner nominated by it for the purpose of determining whether or not the employee is mentally and physically capable of efficiently discharging the duties of his employment, whether or not the employee has been charged under section 44. On being so required the employee shall report to the medical practitioner nominated at the time and place stipulated in the requisition and shall submit himself to examination by the medical practitioner and to such other tests or examinations as the medical practitioner may require. On completion of the examination the medical practitioner shall report the results of his examination to the Board. (2) If the medical practitioner is of opinion that the employee is incapable of efficiently discharging his duties the Board may, with the prior approval of the Minister, call upon the employee to retire from its service within a time specified by it. (3) If the employee- (a) when. so required pursuant to subsection (1) of this section; or

Hospitals Act Amendment Act 1978, No. 40 331 (b) when called upon pursuant to subsection (2) of this section, fails to report in accordance with the requisition or submit himself as prescribed by subsection (1) of this section or as the case may be, retire within the time specified by the Board the Board may notwithstanding the provisions of sections 5 and 5B (3) dismiss him from its service. (4) No appeal shall lie to an Appeal Board or to any industrial court or industrial tribunal or to any other court or tribunal whatever and no action by way of prerogative writ shall lie in respect of any action taken or decision made under this section.". 18. Validation of regulations . To allay any doubt, it is hereby declared that- (a) the regulations in relation to administrative arrangements of the Board and Hospitals Board service administration published in the Gazette on 24 May, 1945 at pages 1349 to 1353; (b) the regulations in relation to charges payable for treatment at the Brisbane Dental Hospital and at Dental Clinics under the control of Hospitals Boards published in the Gazette on 11 September, 1948 at page 1830; (c) the regulations in relation to fees for treatment at dental hospitals and dental clinics published in the Gazette on 25 March, 1976 at pages 1230 and 1231; (d) the regulations in relation to charges in respect of non-public wards, etc., published in the Gazette on 2 September, 1948 at page 1667; (e) the regulations in relation to charges in respect of senile annexes published in the Gazette on 23 January, 1960 at page 355; (f) the regulations in relation to members' fees published in the Gazette on 8 March, 1952 at page 940; (g) The Hospitals Officers and Employees' Long Service Leave Regulations of 1974 published in the Gazette on 24 August, 1974 at pages 2228 and 2229, and every regulation made in amendment or in lieu thereof or in substitution therefor or in addition thereto prior to the date of commencement of this Act, all such regulations purporting to be made in pursuance of The Hospitals Act of 1936 as amended at the material time, are and always have been validly made under the authority of that Act as so amended. 19. Amendments relating to decimal currency . The Principal Act is amended as set forth in the schedule.

332 Hospitals Act Amendment Act 1978, No. 40 SCHEDULE [S. 19] AMENDMENTS RELATING TO DECIMAL CURRENCY Provision to be amended Omit Section 6 Section 10 (4) Section 11 (1) Section 13 (8) (v) Section 15 (3) (vi) Section 17 (2) Section 17 (3) Section 18 (3) (iii) Section 25 (1) Section 27 (3) (v) Section 27 (3) (xv) Section 35 (2) Section 35 (5).. Section 37 (6) Section 38 (1) Section 38 (2) First Schedule Clause 5 fifty pounds one hundred pounds fifty pounds (wherever occurring) fifty pounds fifty pounds five pounds five pounds fifty pounds ten pounds five pounds twenty pounds twenty pounds (a) fifty pounds (b) two pounds twenty pounds twenty pounds five pounds ten pounds Insert $100 $200 $100 in each case $100 $100 $10 $10 $100 $20 $10 $40 $40 $100 $4 $40 $40 $10 $20