Hospitals Act Amendment Act 1982 (No. 2) (Qld)

837 (Qtieenztaxtb ANNO TRICESIMO PRIMO ELIZABETHAE SECUNDAE REGINAE No. 58 of 1982 An Act to amend the Hospitals Act 1936-1982 in certain particulars and for related purposes [ASSENTED TO 3RD D ECEMBER, 1982]

838 Hospitals Act Amendment Act (No. 2) 1982, No. 58 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 1982 (No. 2). (2) In this Act the Hospitals Act 1936-1982, being the Hospitals Act 1936-1981 as amended by the Hospitals Act Amendment Act1982, is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Hospitals Act 1936-1982. 2. Amendment of s. 1 . Section 1 of the Principal Act is amended by omitting subsection (3) and substituting the following subsection:- " (3) Parts of Act. This Act is divided into Parts and Subdivisions as follows:- PART I-PRELIMINARY; PART II- POWERS OF CENTRAL GOVERNMENT; 0 PART 111-HOSPITALS BOARDS REGIONS AND DISTRICTS- Division 1-New Districts and Constitution; Division 2-Proceedings; Division 3-Public Office; Division 4-Contracts; Division 5-Finance; Division 6-Functions of Board; PART IV-((ss. 28-32A) Repealed); PART V-MISCELLANEOUS; PART VI-ADMINISTRATION OF STAFF; SCHEDULES ". 3. Amendment of s. 3. Interpretation . Section 3 of the Principal Act is amended by inserting after the definition " Chairman " the following definition:- Chief Nursing Officer " means the Chief Nursing Officer in Queensland appointed pursuant to section 5BA;". 4. Amendment of s. 4A. Approval of hospitals for training of medical and other students . Section 4A of the Principal Act is amended by- (a) in subsection (1)- (i) in the first paragraph, in provision (c), inserting after the words " to those branches " the following expression and words:- 94 .

Hospitals Act AmendmentAct (No. 2) 1982 , No. 58 839 (d) training in such courses and for such purposes at such colleges or other educational institutions as may be specified in the Order in Council."; (ii) in the second paragraph, in subparagraph (a), inserting after the words " in Queensland " the words ", or the governing body of any college or other educational institution approved pursuant to this section,"; (b) adding after subsection (2) the following subsections:- " (3) The Governor in Council may from time to time by Order in Council declare- (a) a college or other educational institution established in Queensland; or (b) a course of study within that college or institution, to be an approved college, educational institution or course for the purposes of subsection (4). (4) Any student who has been admitted to or enrolled with an approved college or approved educational institution to study an approved course- (a) shall be entitled to attend at the hospital approved as a training school in respect of the college or institution into which he has been admitted or enrolled, for instruction in connection with that approved course; (b) may be admitted to such portions of the clinical practice or departments of that approved hospital as may be necessary for the carrying out of his special duties; and (c) shall be subject to any statutes and regulations made by the governing body of his college or institution and to any regulations or by-laws made by the governing body of such hospital.". 5. Amendment of s. 5. Certain applications to be submitted to Director- General . Section 5 of the Principal Act is amended by- (a) in the first paragraph, in provision (b), omitting the words " or nursing superintendent "; (b) in the proviso to the third paragraph- (i) inserting after the words " or ancillary course " the words " or of students from an approved college or approved educational institution "; (ii) inserting after the words " Senate of the university in Queensland the words ", the governing body of the approved college or approved educational institution ". 6. New s. 5BA . The Principal Act is amended by inserting after section 5B the following section:- " 5BA. Chief Nursing Officer . (1) The Governor in Council may appoint a Chief Nursing Officer in Queensland and such other officers as he deems necessary for the effectual administration of the provisions of this Act relating to the functions and duties of the Chief Nursing Officer.

840 Hospitals Act AmendmentAct (No. 2) 1982, No. 58 Every such appointment shall be made and the appointee shall hold office under, subject to and in accordance with the Public Service Act1922-1978. (2) Subject to the Under Secretary, Department of Health, the Chief Nursing Officer shall be charged with the formulation of policy as it relates to nursing practice generally in hospitals conducted by Boards constituted under this Act. (3) Every appointee to the position of nursing superintendent of a hospital conducted by a Board constituted under this Act shall be a person approved by the Chief Nursing Officer and shall not be dismissed without the prior approval of the Chief Nursing Officer. Where a Board has invited applications for an appointment to which this subsection applies the Board shall submit to the Chief Nursing Officer all applications for that position received by it, and shall appoint an applicant approved by the Chief Nursing Officer. The Chief Nursing Officer may approve for appointment a panel of two or more of the applicants for that position, in which case the Board may appoint to that position any person included in the panel.". 7. Amendment of s. 6. General power to make regulations . Section 6 of the Principal Act is amended by- (a) in the provision commencing with the words " Subject to this Act, on "- (i) omitting the words " on the recommendation of the Auditor- General " and substituting the words " after consultation with the Auditor-General and after due regard is given to any recommendations made by him in relation thereto "; (ii) omitting the words "(c) The duties of the auditor in connection with the audit and examination of the accounts;"; (iii) omitting the expression "(d)" and substituting the expression (c) (b) in the paragraph commencing with the words "All regulations shall " omitting all words from and including the words "All regulations shall " to and including the words " of the next session ." and substituting the words "All regulations shall be laid before the Legislative Assembly within fourteen sitting days after such publication.". 8. New s. 12EA. The Principal Act is amended by inserting after section 12E the following section:- " 12EA. ( 1) Acting Administrator . If at any time an Administrator appointed for a district is absent from duty or there is a vacancy in the office of the Administrator, the Governor in Council may by Order in Council appoint some fit and proper person to be the Acting Administrator for that district. (2) The Acting Administrator shall act for the Administrator during his absence or in the case of a vacancy until the new Administrator is

Hospitals Act Amendment Act (No. 2) 1982, No. 58 841 appointed and while he so acts shall in respect of that district, have and discharge the functions and duties and have and may exercise the powers and authorities of the Administrator. 9. Amendment of s. 13. Section 13 of the Principal Act is amended by inserting after subsection (13) the following subsection-.- " (13A) Election or appointment of members in special cases. (i) If at any time it is inappropriate under this Act to hold an election in accordance with this Act by the component Local Authorities fcr the purpeFe of first constituting or reconstituting a Board by reason that- (a) an Administrator appointed under The Local Government Act of 1936 or under that Act as amended is deemed to be the Local Authority being a single component Local Authority; or (b) Administrators appointed under The Local Government Act of 1936 or under that Act as amended are deemed to be Local Authorities, being all of the Local Authorities comprising a group of the component Local Authorities, the representative of the component Local Authorities on that Board shall be a person qualified to be a member of the Board, except for membership of a component Local Authority, appointed by the Governor in Council upon the Minister's recommendation and the appointee shall be deemed to have been elected to the membership of the Board on the date of his appointment as such representative. (ii) If at any time when a Board is to be first constituted or reconstituted- (a) an Administrator appointed under The Local Government Act of 1936 or under that Act as amended is deemed to be a Local Authority being one of a group of the component Local Authorities; or (b) Administrators appointed under The Local Government Act of 1936 or under that Act as amended are deemed to be Local Authorities, being some but not all of the Local Authorities comprising a group of the component Local Authorities, the representative of the component Local Authorities on that Board shall be a qualified person elected by the remaining Local Authority or Local Authorities comprising the group of the component Local Authorities. (iii) If at any time when the Governor in Council is, pursuant to this Act, to appoint a person to a Board to fill a casual vacancy in the office of the representative of the component Local Authority or group of the component Local Authorities there is no qualified person available for appointment by reason that there are no members of the component Local Authority or Authorities the Governor in Council may appoint such person as he thinks fit being a person who is qualified to be a member of the Board except for membership of a component Local Authority.".

842 Hospitals Act AmendmentAct (No. 2) 1982, No. 58 10. Amendment of s. 20 . Section 20 of the Principal Act is amended by omitting subsection (5) and substituting 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, a Board shall comply with the instructions numbered 87 to 91 inclusive, for the time being in force, issued by the Treasurer to accountable officers pursuant to the Financial Administration and AuditAct1977-1981.". 11. Amendment of s. 21 . Section 21 of the Principal Act is amended by- (a) in subsection (1), omitting from paragraph (e) the word "A" and substituting the words "Whenever moneys are from time to time received by the Board for a special purpose pursuant to subsection (5A), during the period for which those moneys are held by it, a "; (b) in subsection (3)- (i) adding, at the end of paragraph (i) the following sub-paragraphs:- "Any such gift, devise or bequest of or to the value of $1,000 or more made to the Board for a particular purpose or subject to any trusts shall not be accepted by the Board without the prior approval of the Minister. The acceptance by the Board or the acceptance by the Board with the prior approval of the Minister, as the case may be, of any such gift, devise or bequest shall be a complete discharge to the person paving, conveying or transferring the same and that person shall not be unliged or concerned to see to the application thereof. For the purposes of the application of the rule of law concerning perpetuities to any gift to the Board it is declared that the purposes of the Board are charitable purposes."; (ii) omitting from paragraph (ii) the words " in such manner as may be approved by the Minister" and substituting the following words: " in the case where the amount of moneys to be applied from time to time is- (a) $1,000 or more, in such manner as may be approved by the Minister; (b) less than $1,000, in such manner as the Board in its discretion thinks fit."; (iii) in paragraph (iii) omitting all words from and including the words " all moneys therein " to and including the words " into the Trust Fund " and substituting the words " moneys therein may be invested in the same manner as is provided by subsection (6) and the interest or other income received from time to time in respect of those investments shall be paid into the Trust Fund "; (c) omitting subsection (6) and substituting the following subsection:- "(6) Investment powers. (a) Subject to this section, the Board may from time to time invest moneys which are surplus for the time being in any of its funds in any one or more of the investments specified in section 48 (1) of the Statutory Bodies Financial Arrangements Act1982.

Hospitals Act Amendment Act (No. 2) 1982, No. 58 843 (b) Every security, safe custody acknowledgement or other document evidencing title issued in respect of an investment of moneys of the Board shall be held by the Board and recorded in its Register of Investments. (c) the provisions of paragraph (a)- (i) shall not apply in relation to moneys acquired by the Board under an instrument that expressly directs to the contrary; and (ii) shall not be construed to restrict in relation to particular moneys, the powers of investment conferred on the Board by an instrument under which it has acquired those moneys. (d) Where moneys have been invested by or property is held by the Board in accordance with the provisions of this section or the directions of a donor, settlor or testator, the Board may from time to time, with the approval of the Minister upon the advice of the Treasurer vary or transpose those investments or that property- (i) for or into other investments similarly so directed; or (ii) into moneys for credit to the Board.". 12. Amendment of s. 22. Section 22 of the Principal Act is amended by (a) in subsection (4)- (i) in provision (i), omitting from subparagraph (a) the words and expressions "(Repealed)" and substituting the words " Salaries and Wages of each hospital service or undertaking of the Board dealt with separately "; (ii) in provision (ii)- (A) omitting from subparagraph (a) the word " item " and substituting the words " disbursement heading and budget classification and subdivision "; (B) adding at the end of the provision the following paragraph:- In this Division, save where a contrary intention appears- " disbursement heading " means a heading of disbursement under which a budget is approved consistent with it having been framed in accordance with this subsection; " budget classification " means a prescribed class of disbursement within a disbursement heading in the approved budget; " subdivision " means a separate sub-heading required by the Minister to be kept within a budget classification in the approved budget."; (b) omitting subsection (8) and substituting the following subsection:- " (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- (a) that was not provided for in the budget for that year; or

844 Hospitals Act Amendment Act (No. 2) 1982, No. 58 (b) that was provided for in the budget for that year but the charging of that disbursement to a disbursement heading, budget classification or subdivision would mean that the amount allocated to that disbursement heading, budget classification or subdivision in the budget for the year would be exceeded, the Board shall before making such disbursement or excess disbursement- (c) by resolution declare that such disbursement or excess disbursement is necessary in the unforeseen and emergent or extraordinary circumstance; and (d) in respect of any budget classification or subdivision that would be deficient, by resolution approve that a further sufficient sum be provided by the transfer to that budget classification or subdivision of a sum from any surplus arising in any other budget classification or subdivision of the same hospital service or undertaking of the Board provided for in the budget (as approved pursuant to subsection (5)) for the year in question; (e) in respect of any disbursement heading that would be deficient and in respect of any budget classification that would be deficient and is not able to be aided by a transfer to that budget classification of a sufficient sum from any surplus arising in any other budget classification of the same hospital service or undertaking of the Board, obtain approval of the Minister that such disbursement or excess disbursement may be made."; (c) in subsection (9)- (i) omitting from paragraph (a) all words from and including " to the Minister " to and including the words " or excess disbursement " and substituting the words " for approval in accordance with this subsection "; (ii) in paragraph (c)- (A) omitting the words " budget item that may " and substituting the words " disbursement heading or budget classification that would "; (B) omitting the words " that it be aided by "; (C) omitting the words " disbursement item " and substituting the words "disbursement heading or budget classification" ; (iii) in paragraph (d)- (A) omitting the word " items " where first occurring and substituting the word " headings "; (B) omitting the words " budget item or items " and substituting the words " disbursement heading "; (d) omitting subsection (10) and substituting the following subsection:- "(10) If, in any year, a Board makes a disbursement- (a) that was not provided for in the budget of the Board for that year (as approved pursuant to subsection (5)); or

Hospitals Act Amendment Act (No. 2) 1982, No. 58 845 (b) that exceeds the amount estimated in respect of that disbursement in such budget (as approved pursuant to subsection (5)), other than an excess in respect of any budget classification or subdivision where the Board has approved a transfer to cover the excess pursuant to subsection (8) (d), or- (c) a Board makes a disbursement in contravention of subsection (3), (4), (5) or (5A) of section 21, all 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- (d) the Minister approves of a transfer to the disbursement heading or budget classification for which the disbursement has been made; or (e) 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 a Court of competent jurisdiction.". 13. Amendment of s. 27. General powers as to by - laws. Section 27 of the Principal Act is amended by in subsection (3), in provision (XIa), inserting after the words " or ancillary training " the words " or in a course specified by the Governor in Council pursuant to section 4A (1) (d)". 14. Amendment of s. 41 . Section 41 of the Principal Act is amended by, in subsection (1), inserting after the words " section 5 " the words " or holds the position of nursing superintendent of a hospital ". 15. Amendment of s. 44 . Disciplinary offences. Section 44 of the Principal Act is amended by- (a) in subsection (2), inserting after provision (a) the following provision:- "(aa) in the case of an employee who holds the position of nursing superintendent of a hospital, by the chairman who shall advise the Chief Nursing Officer of the suspension;"; (b) in subsection (4), inserting after the words " section 5 " where twice occurring the words " or holds the position of nursing superintendent of a hospital "; (c) in subsection (5)- (i) in provision (b), omitting the expression " $100 " and substituting the expression " $500 "; (ii) in provision (d)- (A) omitting after the words " section 5 " the word " and " and substituting the expression ",";

846 Hospitals Act AmendmentAct (No. 2) 1982, No. 58 (B) inserting after the expression " 5B (3) " the word and expression and 5BA (3)". 16. Amendment of s. 45 . Entitlement of suspended employee to re- instatement . Section 45 of the Principal Act is amended by- (a) in the first paragraph, inserting after the words " section 5 " the words " or holds the position of nursing superintendent of a hospital "; (b) adding after the second paragraph the following paragraph:- If the employee holds the position of nursing superintendent of a hospital, the chairman shall advise the Chief Nursing Officer of the finding, removal and re-instatement referred to in this section.". 17. Amendment of s. 45A. Retirement of incapable employee . Section 45A of the Principal Act is amended by, in subsection (3)- (a) omitting after the words " section 5 " the word " and " and substituting the expression ","; 44 and( b5) BiAns( e3r)t"in. g after the expression " 5B (3) " the word and expression