Hospitals Act Amendment Act 1981 (Qld)

647 (I uEExtslanzx ANNO TRICESIMO ELIZABETHAE SECUNDAE REGINAE No. 78 of 1981 An Act to amend the Hospitals Act 1936-1980 in certain particulars [ASSENTED TO 22ND OCTOBER, 1981 ]

648 Hospitals Act Amendment Act 1981, No. 78 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 1981. (2) In this Act the Hospitals Act 1936-1980 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Hospitals Act 1936-1981. 2. Amendment of s. 13 . Constitution of Boards . Section 13 of the Principal Act is amended by- (a) omitting subsections (2) and (3) and substituting the following subsections:- 4' (2) Appointment to metropolitan Boards. In the case of a Board for a district that includes any part of the Area of the City of Brisbane, the chairman and all of the other members, including the representative of the component Local Authorities, shall be appointed by the Governor in Council. (3) Appointment and election to other Boards . In the case of a Board other than one referred to in subsection (2), the chairman and all of the other members, except the representative of the component Local Authorities, shall be appointed by the Governor in Council and the representative of the component Local Authorities shall be elected by those Authorities as a whole."; (b) in subsection (10), inserting after the words " every Board the words " to which subsection (3) applies ". 3. Repeal of and new s. 13A. Power to dissolve Board or to remove members. The Principal Act is amended by repealing section 13A and substituting the following section:- " 13A. Power to dissolve Board or remove members. (1) Notwithstanding any other provision of this Act, the Governor in Council may- (a) dissolve a Board if at any time there are no members of the Board or if, in his opinion, circumstances exist that render it necessary so to do; or (b) remove from their offices all members of a Board if, in his opinion, circumstances exist that render it necessary or desirable so to do. (2) Exercise of a power conferred by subsection (1) shall be by way of Order in Council and dissolution of a Board shall be effected by an Order in Council that expressly provides for such dissolution and, if there are members of the Board, that expressly removes from office all those members. (3) Where a Board is dissolved the body corporate constituted by the Board prior to its dissolution shall thereupon cease to exist.

Hospitals Act Amendment Act 1981, No. 78 649 (4) The fact that at any time there are no members of a Board, whether by reason of removal under this section or otherwise, shall not affect the continuance in being of the body corporate constituted by the Board. (5) Where a Board for a district has been dissolved or where at any time there are no members of a Board, whether by reason of removal under this section or otherwise, the Governor in Council may, by Order in Council, appoint a person to carry on for the period specified therein the functions of a Board for that district under the name to be assigned to the Board for that district in accordance with section 13 (5) and to that end to exercise and perform all the powers, authorities and duties of, and to be subject to the responsibilities of, a Board for that district. 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. (6) For so long as there are no members of a Board for a district or a person appointed under subsection (5) continues to carry on the functions of a Board for a district the provisions of this Act with respect to holding triennial elections of a representative of component Local Authorities (if they would otherwise apply in relation to the Board for that district) shall not apply.". 4. New s. 13B. Reconstitution of Boards . The Principal Act is amended by inserting after section 13A the following section:- 13B. Reconstitution of dissolved Boards, etc. (1) Where- (a) a Board for a district has been dissolved, whether before or after the commencement of the Hospitals Act Amendment Act 1981 ; or (b) there are no members of a Board for a district, whether by reason of removal under section 13A or otherwise; or (c) a Board for a district is constituted by a person appointed under section 13A (5) or appointed before the commencement of the Hospitals Act Amendment Act 1981, the Governor in Council may, by Order in Council, declare that on and from a date specified therein, the Board for that district shall be reconstituted in accordance with section 13, and on and from that date, the Board shall be constituted as prescribed by that section and, in the case referred to in provision (c), the appointment of a person made under section 13A (5) or made before the commencement of the Hospitals Act Amendment Act 1981 in relation to that Board shall terminate on that date. (2) Where a Board is to be reconstituted under this section, if it is a Board of which one member is, pursuant to section 13, to be elected by the component Local Authorities, the Minister shall by written notice require those Authorities to nominate to him within a time limited in the notice one person to be the representative of the component Local Authorities on the Board as reconstituted. For the purposes of this Act a person so nominated shall be deemed to have been duly elected to the Board by the component Local Authorities.

650 Hospitals Act Amendment Act 1981, No. 78 If a nomination is not received by the Minister within the time so limited by him the Governor in Council may appoint any person qualified as provided by section 13 (6) to be a representative of the component Local Authorities to be a member of the Board and to be such representative. (3) The office of a member appointed by the Governor in Council upon the first appointment of members of a Board reconstituted under this section or nominated by component Local Authorities under subsection (2)- (a) shall commence on the date on and from which the Board is to be reconstituted in accordance with section 13; and (b) in the case of a Board of which one member is, pursuant to section 13, to be elected by the component Local Authorities, shall, unless it is sooner vacated, become vacant upon the commencement in accordance with section 13 (8) of the office of the representative of the component Local Authorities at the triennial election first held in accordance with section 13 (10) after reconstitution of the Board under this section. (4) Subject to this subsection, the provisions of this Act relating to Boards, their members, the appointment or election of members of Boards or the offices of members of Boards apply in relation to Boards reconstituted under this section, their members, the appointment or election of members of those Boards and the offices of members of those Boards, as the case may be. Where any provision of this section is inconsistent with any other provision of this Act the provision of this section shall prevail and the other provision shall, to the extent of the inconsistency, be inoperative.". 5. Continuity of incorporation of dissolved Boards . Where at any time before the commencement of this Act any Hospitals Board for a district has been dissolved under section 13A of The Hospitals Act of 1936 as amended at the material time and a person has been appointed under that section to carry on the functions of the Hospitals Board for that district the body corporate constituted by the Board prior to its dissolution shall be taken to have continued in being and to have been constituted by the Board that the person so appointed is deemed under that section to duly constitute.