Hospitals Act Amendment Act of 1928 (19 Geo v No. 23) (Qld)

HOSPITALS. An Act to Amend "The Hospitals Act of1923" and 19Geo. v. "The Hospitals Act of' 1847" (as amended by N;~3. subsequent Acts) in certain particulars. HOSPITALS ACT AMEND- MENT ACT [ASSENTED TO 14TH NOVEMBER, 1928.] OF 1928. B E it enacte~ by the Ki1?-g's Most Excellent Majes~ y, by and wIth the adVIce and consent of the LegIs- lative Assembly of Queensland in Pa~ liament assembled, and by the authority of the same, as follows:- 1. This Act may be cited as "The Hospitals Act Short title Amendment Act of 1928," and shall, so far as any: ~ ! struCtion. amendments of *" The Hospitals Act of 1923" are concerned, be read as one with" The Hospitals Act of 1923," herein referred to as the Principal Act. The Principal Act and this Act may be collectively cited as " The Hospitals Acts, 1923 to 1928." f o IIoW 2 . SS: e-ction two of the Principal A. ct is amended as A t A o c m t P . e r n i d n m ci e p n a t l s (i.) (a) In the definition of "Component Local Section 2. Authority" in the said section, after the words " whose Area" the words" or part or parts of whose Area" are inserted; also, the word "is" is repealed and the words " is or are" are inserted in lieu thereof. (b) In the said section, in the definition of " Con- tributor," after the words" A person" occurring at the commencement of paragraphs (a), (b), and (c) respec- tively, the words" not being under the age of twenty- one years" are respectively inserted; in the same definition, after the words "A person or persons" occurring at the commencement of paragraph (d), the words "not being under the age of twenty-one years" are inserted. * 14 Geo. V. No. 44, supra, page 10537.

12168 HOSPITALS. Hospitals Act Amendment Act. 19 G]](). V. No. 23,. (c) Mter paragraph (d) of the definition of "Con-- tributor" the following paragraph is inserted:- "Provided that a person not being under the age of twenty-one years who at .any time, whether before or after the passing of *" The Hospitals Act Amendment Act of 1928," has on his own behalf contributed . to a Queensland Ambulance Transport Brigade hospital within the District at. least five pounds in one ,donation, shall be known as a life contributor to the Queensland Ambulance Transport Brigade hospital concerned." (d) After the definition of "Contributor" the following new definition is inserted :- Oontributors' payments, " "Contributors' payments "-The net proceeds obtained by means of the holding of concerts, dances, sports meetings, race meetings, or other form of entertainment, or obtained by other voluntary means of raising money. The term also includes contributions by contributors, or donations or grants from charitable or benevolent funds; also bequests, legacies, or devises of property; and income derived from investments. The term does not include ;- (a) Grants from the Hospital, Motherhood, and Child Welfare Fund; (b) Patients' payments; (c) Contributions by any employee or association of employees or by any person or group of persons or bodies whereby the contributor IS assured the right of free treatment or the right to treatment at a reduced rate of payment or any other benefits at the hospital for himself or for his wife and family; (d) Contributions or payments of any kind given or made for a specific purpose or conditioned as to use or application thereof~ and not for general purposes; --- - - - - - ------- -- - * 11' Geo. V. No. 23 (this Act).

1928. HOSPITALS. Hospitals Act Amendment Act. 12169 (e) Any other income which in the opinion of the Minister is not a bona fide contributor's payment." (e) In the definition of "Local Authority" in the said section, after the word "Shire" the words "the Area of which or part of the Area of which is " are inserted. 3. Section four of the Principal Act is amended as Section 4. follows :- In paragraph (a), after the words" specified Areas" the words " and/or part or parts of a specified Area or Areas" are inserted. In paragraph (b), after the word "Areas," where it firstly occurs, the words "or part or parts of any contiguous Area or Areas" are inserted; also, after the word" Areas," where it occurs at the end of the said paragraph (b), the words" or by the exclusion of part or parts of an Area or Areas" are inserted. The following provision is added to the said section four :- "Any such Order in Council made or purport- ing to have been made under this section may contain such modifications of or additions to this Act as may be deemed by the Governor in Council to be necessary or convenient either generally or to meet any particular circumstances, and shall have the same force and effect as if it were enacted in and formed part of this Act, and shall be judicially noticed, and shall not be questioned in any proceedings whatever. In the making of any such Order in Council, regard may be given by the Governor in Council to any petition received by any Local Authority concerned or by any Board or by any Committee of any hospital established under *" The Hospitals Acts, 1847 to 1891."" 4. Section five of the Principal Act is amended by Section 5. inserting after the words "section twenty-four" in paragraph (c) of the s,aid section the words" or as may be prescribed." * 11 Vie. No. 59 and amending Acts, supra, page 951.

12170 HOSPITALS. Hospitals Act Amendment Act. 19 GEO. V. No. 23, Section S. 5. Section eight of the Principal Act is amended as follows :- The following proviso is added after subsection one of the said section :- " Provided that in any case where the district is constituted or comprised by or of an Area or Areas and/or part or parts of another Area or other Areas, or is constituted or comprised by or of parts of Areas (whether of the same Local Authority or of different Local Authorities) the Governor in Council may, by the Order in Council constituting the District and the Board, or by any subsequent Order in Council, declare the representation and the method by which the component Local Authorities shall be represented on the Board concerned; or the Governor in Council may, by the said Order in Council constituting the District and the Board, or by any subsequent Order in Council, appoint the representatives of such component Local Authorities to the Board concerned. Every such Order in Council made or purporting to have been made under this proviso shall be published in the Gazette. and may contain such modifications of or additions to this Act as may be deemed by the Governor in Council to be necessary or convenient either generally or to meet any particular circumstances, and shall have the same force and effect as if it were enacted in and formed part of this Act, and shall be judicially noticed, and shall be obeyed, and shall not be questioned in any proceedings whatever." Section 9. 6. The following additional proviso is added to section nine of the Principal Act : - " Provided further that if at any time subsequent to the making of an Order in Council reducing the number of members to a Board, who may be elected by contributors, the amount received by the Board concerned from contributors shall reach an amount which is not less than the proportion as indicated in the last preceding proviso, the Governor in Council may, by Order in Council, restore the number of members who may be elected by the contributors to the Board con- cerned to its original number, and may in the same or in any subsequent Order in Council make such adjustments, arrangements, or provisions as to the membership of the Board concerned as he thinks fit."

HOSPITALS. 12171 1928. Hospitals Act Arnendrnent Act. 7. The following proviso is added to section ten of Section 10. the Principal Act :- "Provided that such Schedule may from time to time be amended by the Governor in Council by Order in Council published in the Gazette." 8. Paragraph (a) of subsection two of section Section 21. twenty-one of the Principal Act is repealed and the following paragraph (a) is inserted in lieu thereof:- "(a) All bequests, legacies, grants, contributors payments, patients' payments, or other payments received by the Board under or pursuant to this Act, and all moneys arising from any gift or devise of real property received by or vested in the Board under or pursuant to this Act;" 9. From and after the first day of .July, one Repeal as thousand nine hundred and twenty-nine, section twenty- Y~ t; W29 four of the Principal Act shall be repealed and the?f s.' ~ 4 and following section shall be inserted in lieu thereof as from ~ : : ! ~ O~ 4~ f such last-mentioned date :-- "[24.J (1.) Subject as herein provided, as soon as may Board to be after the first constitution of the Board, and thereafter e fr s at lm ~ e ate and in every year before the fourteenth day of July, the determine Board shall estimate as accurately as possible- camo notur?l b t u - of (a) The total amount of the expenditure required tions. for the current year ending on the thirtieth day of June following for- (i.) Administration of the Board; (ii.) Maintenance of each hospital of the Board dealt with separately; (iii.) Annual charges for interest and redemption or payments to sinking fund of moneys borrowed by the Board; and (b) The total amount of the probable income of the Board during the same period other than contributions from the Treasurer and the component Local Authorities and without taking into account income which may be received from contributors' payments. No such estimate shall have any force or effect until approved by the Governor in Council. E

12172 HOSPITALS. H ospitaZs Act Amendment Act. 19 Gm. V. No. 23, (2.) The difference-between the estimated expenditure and estimated income as aforesaid of the Board shall be paid- Contribution by Treasurer. (a) By the Treasurer, who shall, out of moneys to be appropriated from time to time by Parlia- ment for the purpose, pay to the Board an amount equal to sixty per centum of such difference; and a receipt signed by the chairman or secretary shall be a sufficient discharge to the Treasurer for any such payment. Contribution by corn· ponent Local Authorities. (b) By the component Local Authorities, who shall contribute an amount equal to forty per centum of such difference. d SU e fi C P~ l lt I Y n Y any (8.) If in any year the amount rec . eived by the year and Board from all sources falls short of the expenditure atl. Oppnroofpraina.y based upon the estimate for the year, then the deficit surplus. shall be added to the estimated expenditure for the ensuing year. If the amount received by the Board in any year from all sources exceeds the expenditure based upon the estimate for the year, then the excess shall be deducted from the estimated expenditure for the ensuing year. Contributor; (4.) The Board shall keep a separate account of payments. contributors' payments, and shall in such account credit the Local Authority with payments received from or raised in the Area of such Local Authority or to the component Local Authority to which any contributor of a contributor's payment or payments has directed in writing that such payment or payments shall be credited. The amounts so credited to the Local Authority or to any component Local Authority shall be deducted by the Board from any precept or precepts issued to such . Local Authority, and if payments are received by the Board after the issue to and payment by the Local Authority or by any component Local Authority of the final precept, the Board shall remit to such Local Authority or component Local Authority an amount equal to any contributors' payments so received and credited to such Local Authority or component Local Authority: Provided that if in any year the contributors' payments in the Area of any Local Authority or com- ponent Local Authority exceed the amount of the precept

HOSPITALS. 12173 1928. H ospitn?s Act Amendment Act. or precepts issued to such Local Authority or component Local Authority, the amount in excess of such precept or precepts shall be retained by the Board and deducted from the precept ur precepts issued in the following year: Provided that if circumstances arise whereby any contributor's payment is not capable of being credited to any particular component Local Authority, such con- tributor's payment shall be credited by the Board to each component Local Authority concerned, in proportion to the rateable value of the Area (or part or parts of the Area, as the case may be) of each such component Local Authority comprised in the District concerned. (5.) In any case where the District is constituted OrDistric.ts comprised by or of an Area or Areas . and/or . part or vcaorulO; pUrlSSed of parts of another. Area or other Areas, or IS constItuted or Areas. comprised by or of parts of Areas (whether of the same Local Authority or of different Local Authorities), the Board shall credit each component Local Authority with the payments received or raised or so directed to be credited as aforesaid in the Area or part or parts of the Area of the Local Authority concerned. Moreover the above provisions shall, mutatis mutandis, apply, together with any modifications of or additions thereto as may be deemed by the Governor in Council, by Order in Council published in the Gazette, to be necessary either generally or to meet any particular circumstances. Any such Order in Council made or purporting to have been made under this subsection shall have the same force and effect as if it were enacted in and formed part of this Act, and shall be judicially noticed, and shall be obeyed, and shall not be questioned in any proceedings whatever. (6.) The provisions of this section shall come into Operat.ion operatl.On on t he first day 0 f J u I y, one thousandn· me of sectlOn. hundred and twenty-nine, and such provisions shall firstly extend and apply in respect of the year commencing on the first day of July, one thousand nine hundred and twenty-nine, and ending on the thirtieth day of June, one thousand nine hundred and thirty, and thereafter shall extend and apply in respect of each succeeding year commencing on the first day of July, and ending on the thirtieth day of June."

12174 HOSPITALS. Hospitals Act Amendment Act. 19 GElo. V. No. 23, Section 26. 10. Section twenty-six of the Principal Act is amended as follows;- (a) In subsection one of the said section, after the word " directs" the following words are added, namely;- "Such precept shall be a charge against the Local Pund." (b) Subsection two is repealed and the following subsection is inserted in lieu thereof:- " (2.) In the case of a Local Authority of whose Area part or parts thereof is or are comprised in one or more Districts, such Local Authority may deter- mine whether the amount of such contribution shall be paid out of the Local Fund or whether such amount shall be charged to the account of the division or divisions to which such part or parts belong; or the Local Authority may levy a hospital rate in each such part or parts comprised in a District or Districts, and the same proceedings may be taken for the recovery thereof as in the case of rates made under the Local Authorities Acts. Any such rate shall be a rate sufficient to meet the precept or precepts concerned for the current year and shall not be applied to any purpose other than towards meeting the payment of the sum mentioned in the precept or precepts coneerned : Provided further that all the powers and authorities contained in subsection two of the Principal Act (now repealed) for the recovery of any rates levied by virtue of such subsection shall continue in force notwithstanding such repeal." Sch.,Part 1., 11. The following amendments are made in Part 1. Rule 5. of the Schedule of the Principal Act ; - In rule five, after the word " noon " the words " on the first Tuesday of May" are repealed and the words " at least fourteen days before the date of election" are inserted in lieu thereof. Rule 8. In the first paragraph of rule eight, the words" not less" are repealed and the words "not later" are inserted in lieu thereof.

HOSPITALS. 12175 1928. Hospitals Act Amendment Act. 12. *" The Hospitals Act of 1847" (as amended by Amendment subsequent Acts), in this section referred to as the ~ " 1! ! ~ 1:47." Principal Act, is amended by the insertion of the A~t~ ; following § proviso;- I § Semble to " Provided that the rules of any hospital may from section 7.] time to time provide that the annual meeting snaIl ta~ e place in any month of the year other than January; and in case any rules of any hospital have been or shall be amended to provide for the holding of such annual meeting in the succeeding year for a month other than January, or otherwise than the month fixed by such rules prior to such amendment, the tenure of the "other officers" referred to in the above section shall be deemed to be extended until such new date of the annual meeting accordingly, and until such "other officers" are elected accordingly." All rules and regulations m~de under the Principal Ratification Act prior to the passing of t" The Hospitals Acts Amend- of ~ ules _ment Act of 1928 " shall be considered to be valid and : ~ gulations. are hereby approved, ratified, and confirmed, notwith- standing that the date for holding the annual meeting may have been fixed for a day in a month other than the month of January. 13. From and after the passing of t" The Hospitals Hospitals Act Amendment Act of 1928," no hospital which is to be :~ t~~ lished wholly or partly maintained by contributions voluntarily unde~ given by the public shall be established, except where ~ ~ : ttals any such hospital shall be established under t" The Hospitals Acts, 1847 to 1891" and a Committee duly formed and constituted under such Acts, or except where such hospital shall be established under 11" The Hospitals Acts, 1923 to .. 1928" and a Board duly constituted under ~ uch Acts; Provided that nothing in this section shall be deemed Saving to extend or apply to any hospital established or to be established under the provisions of ~ "The Friendly Societies Acts, 1913 to 1926," or established or to be established under the authority of any other statute, or to any hospital established or to be established by any religious organisation. * II Vie. No. 59. 8upra, page 951 (section 7 deals with annual meeting and annual election.) t 19 Geo. V. No. 23 (this Act). t 11 Vic. No. 59 and amending Acts, 8upra, page 951. 11 14 G;:,o. V. No. 44 and 19 GBO. V. No. 23, 8upra, pages 10537 and 12167. "J 4 Geo. V. No. 13 and amending Acts, supra, pages 5991,6378, and 11100.