Hospitals Act of 1923 (14 Geo v No. 44) (Qld)

HOSPITALS. 14 Geo. V. No. 44, 1923. Hospitals Act. ss, 1, 2. 10537 GOVERNMENT LOANS. See LOANS. GUARANTEE, LOCAL BODIES' LOANS. Sce LOCAL BODIES. HOSPITALS. An Act to make better Provision for the Mainten- 14 Geo. V. No. 44. ance, M;anagement, and Regulation of Hospitals, THE and for other purposes. HOSPITALS ACT OF 1923. [ASSENTED TO 23RD NOVEMBER, 1923.J B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :- 1. This Act may be cited as "The Hospitals Act Short title. ot 1923." 2. In.this Act, unless the conte~ t otherwise .indicates, Interpreta. the followmg terms have the meanmgs set agamst them tion. respectively, that is to say :- "Area"-An Area of a Local Authority as con- Area. stituted for the time being under and for the purposes of the Local Agthorities Act; "Board"-A Hospitals Board constituted under Board. this Act; " By-la.ws"-By-laws made under the authority of By.laws. this Act; " Chairman"-The chairman of a Board: the term, Chairman. when necessary, includes the deputy chair- man; " Clerk"-The clerk of a Local Authority or other Clerk. officer for the time being authorised to perform his duties;

10538 s.2. HOSPITALS. Hospitals Act. 14 GEO. V. No. 44, {JompouellL Local :\uthority. Contributor. District. " Component Local Authority"-Any Local Autho- rity whose Area is comprised within a District; " Contributor"- (a) A person who at any time, whether before or after the passing of this Act, has on his own behalf contributed to a hospital within the District at least ten pounds in one donation, who shall be known as a life contributor; or (b) A person who is a contributor to a hospital within the District, and has on his own behalf during the year contributed to such hospital not less than one pound in one or more sums, whether from weekly deduc- tions from wages or otherwise; or (c) A person nominated as a contributor by any company, firm, or association which during the year has contributed to a hospital within the District not less than one pound in one or more sums out of the moneys of the company, firm, or association; or (d) A person or persons nominated as a contri- butor or contributors by any association of employees, which during the year has contributed to a hospital within the District not less than one pound in one or more sums out of the moneys of such association or out of moneys accumulated by weekly deductions or contributions from wages of members of such association for each sum of one pound so contributed by suchasso- ciation: For the purposes of this definition the expression "during the year" means during the period of twelve months immediately preceding the thirty-first day of March in the year of the triennial election of members, or, in the case of the first election, the period of twelve months immediately preceding the thirty-first day of March in the year of such election; "District"-A Hospitals District constituted by this Act;

HOSPITALS. s. 2. 10539 1923. Hospitals Act " Hospital "-A hospital or institution- Hospital. (a) Which affords medical and nursing services for sick, infirm, or disabled persons, and accommodation or first aid for such persons, or is engaged in ambulance work, or makes provisionfor motherhood and child welfare; and (b) Which is established primarily for persons who are unable to provide such services for themselves; and Cc) To which this Act has been applied as herein provided; " Hospitals Fund"-A Hospitals Fund constituted Hospitals under this Act ; Fund. "In-patient"-Any person who is maintained as In-patient. an inmate in any hospital; "Local Authority"-The Council of any City, Local. Town, or Shire comprised within a District; Authority. " Local Authorities Act"-*" The Local Authori- Local ties . Act of 1902 " and any Act amending or in AAuctt.horities substitution for that Act, whether generally or with application limited to any particular part of the State; "Member "-A member of a Board; Member. " Minister"-The Home Secretary or other Minister Minister. of the Crown charged for the time being with the administration of this Act ; "Out-patient"-Any person who receive,S treat- Out-patient ment, relief, or assistance from any hospital, but does not reside in the premises thereof; " Secretary "-The secretary of a Board or other Secretary. officer for the time being authorised to perform his duties; "This Act"-This Act and all Orders in Council, ThiR Act. regulations, and by-laws made thereunder. * 2 Edw. VII. No. 19 and Amending Acts, supra, pages 1/ltiO, 0053, 5918, 8304, 9571, 10126, and infra page 10661. G

10540 ss. 3, 4. HOSPITALS. 1Iospitals Act. 14 GEO. V. No. 44, Constitution of 3. (1.) The Brisbane and South Coast Hospitals Brisbane District is hereby constituted for the purposes of this aCnodasSt outh Act. Subject to the next succeeding section it shall Hospitals comprise the Areas hereunder mentioned, namely :- District. City of- Shire of- Brisbane, Cleveland, South Brisbane. Coomera, Town of- Coorparoo, Coolangatta, Enoggera, Hamilton, Kedron, Ithaca, Moggill, Redcliffe, Nerang, Sandgate, Pine, Southport, Sherwood, Toowong, Stephens, Windsor, Tambourine, Wynnum. Taringa, Shire of- Tingalpa, Balmoral, Toombul, Beenleigh, Waterford, and Belmont, Yeerongpilly. Caboolture, Metropolitan (2.) The Board of such District shall be charged HBoosaprdit.als wl.·th the maintenance, management, and regulation of the Brisbane Hospital, Hospital for Sick Children (Bris- bane), Lady Bowen Hospital (Brisbane), Lady Lamington Hospital (Brisbane), and of any other hospital established at the passing of this Act or thereafter to be established within the District which, with the consent of the Board,. the Governor in Council by Order in Council declares to be a hospital under and subject to this Act. Constitution 4. The Governor in Council may from time to time, Dofisottrhicetrs. by Order in Council- (a) Constitute any other District a Hospitals District, and declare that a specified Area or specified Areas shall comprise the District; (b) Reconstitute the Brisbane and South Coast Hospitals District or any Hospitals District by the inclusion of any contiguous .Area or Areas, or, in consequence of the abolition or change of boundaries of an Area or Areas or the amalgamation of two or more Areas; (c) From time to time apply this Act to any hospital within a District;

HOSPITALS. ss. 5, 6. 10541 1923. Hospitals Act. (d) Abolish the Brisbane and South Coast Hospi- tals District or any Hospitals District. Every such Hospitals District so constituted by such name as is assigned to it by the said Order, and every hospital to which this Act has been so applied, shall be and remain a District and hospital respectively within the meaning of and for the purposes of this Act. 5. Save as is herein expressly provided, none of the Hospitals provisions of *"The Hospitals Acts, 1847 to 1891," shall Acts not to app 1 y to any h osp · ltalorIto Bt le oard 0 f a D" lstnct: apply. Provided that the following provisions of this Act shall be applicable to every hospital to .which the last- mentioned Acts now apply or may at any time hereafter a pply in substitution for any provisions of those Acts with respect to thc same subject, that is to say : - (a) The definition of "contributor" in section two, with the modifications that the expression "during the year" shall mean during the period of twelve months immediately pre- ceding the month in which the election of members of the co mmittee is held, and that the expression "ho spital within the District" shall mean the hospital for which such committee is elected; (b) The disqualification for rrembership on a committee of a hospital enacted with respect to membership on the Board by subsection two of section twelve; (c) The preparation by the Committee of each hospital of a yearly estimate and its approval by the Governor in Council, enacted with respect to the Board by subsection one of section twenty-four; and the said last-mentioned Acts shall be deemed to be amended accordingly. 6. The Board constituted for a District shall be Hospitals charged with the maintenance, management, and regula- Board. tion of every hospital within the District to which this Act has been applied. Every such Board shall consist of nine members, who shall be elected and appointed respectively in manner provided by this Act. ,.. 11 Vic. No. 59 and Amending Acts, supra, page 951.

10542 ss. 7, 8. HOSPITALS. HospitaZs Act. 14 GEO. V. No. 44, ~ S ~ ou ~ t ! h ~ C : o ~ as ~ t d Boar 7 d· • sh( 1 a . 1) 1 Tbeheco B n r s i t ~ Itbuatneed aasnfd 0 11oSwosu,thnamCoealyst: - Hospitals :~ : ~ ~ : als (a) Three members shall be elected by the contri- butors to any hospital within the District to which this Act has been applied; and (b) Three members shall be appointed by the Governor in Council; and (c) Three members shall be elected by the Local Authorities as follows, namely :- The Council of the City of Brisbane shall by ballot elect one member. The Councils of the City of South") Brisbane, and of the Towns of I Hamilton, Ithaca, Sandgate, I as a group Toowong, Windsor, and Wyn- j shall by num; and of the Shires of ~ ballot elect Balmoral, Belmont, Coorparoo, ! one Enoggera, Kedron, Moggill, I member. Sherwood, Stephens, Taringa, J' Toombul, and Yeerongpilly and The Councils of the Towns of! C 00 1angatta, R edcl 1 Off e, and ~ as ha 1g1 rboup South~ ort, and of the Shires of b: ll~ t el~ ct BeenleIgh, Caboolture, Cleveland'J Coomera, Nerang, Pine, Tam- on~ bourine, Tingalpa, and Waterford mem er. (2.) The first election and appointment of such members shall be made not later than the twenty-fourth day of May, one thousand nine hundred and twenty-four: Provided that in the case of such first election the Governor in Council shall declare and direct the time and place of such election, and shall appoint the returning officer, who shall report to the Minister the names of the persons elected. Constitution 8. (1.) The Board of every District other than of Bofooartdhse. r the Brisbane and South Coast Hospitals District shall be constituted as follows :- (a) Three members shall be elected by the contri- butors to any hospital within the District to which this Act has been applied; and (b) Three members shall be appointed by the Governor in Council; and

HOSPITALS. s.9. 10543 1923. Hospitals Act. (c) Three members shall be elected by the component Local Authorities; and, if deemed expedient, the Governor in Council by Order in Council may direct that such members shall be elected to represent such Local Authorities as groups, and assign a member or members to each such group. (2.) The first election and appointment of members of every such Board shall be made as soon as may be after the date of the Order in Council constituting the District: Provided that in the case of every such first election the Governor in Council shall declare and direct the time and place of such election, and shall appoint the returning officer, who shall report to the Minister the names of the persons elected. 9. (1.) On or before the twenty-fourth day of May Triennial! in the year of the triennial elections of the component elections. Local Authoritie8 next following the first election and appointment of members of the Board, and thereafter, subject to this Act, on or before the twenty-fourth day of May in the year of the triennial elections of the component Local Authorities- The contributors to every hospital of the Board shall elect three members; and The Governor in Council shall appoint three mem- bers; and The component Local Authorities shall elect three members: Provided that the provisions of subsection one of section seven of this Act shall be applicable to every triennial election by Local Authorities of three members of the Brisbane and South Coast Hospitals Board: Provided further that, if at the end of any triennial period it appears to the Governor in Council that the total amount received by the Board from contributors by way of contribution during such triennial period is less than one third of the total amount received by the Board under this Act by way of contribution from the Treasurer and the component Local Authorities and contributors during the same period, the Governor in Council may, in his discretion, by Order in Council, reduce the number of members who may be elected by the contributors,

J0544 ss. 10-12. HOSPITALS. Hospitals Act. 14 GEO. V. No. 44, and assign an additional member or additional members to be elected by the component Local Authorities as a whole or anyone component Local Authority or group of Local Authorities or to be appointed by the Governor in Council as he thinks proper, but so that the total number of members of the Board shall still be nine. Every such Order shall take effect accordingly and remain in force until revoked or amended under this Act by a further Order. For the purposes of this provision each triennial period shall terminate on the thirty-first day of March immediately prior to the time for the triennial election. Rules as to ·elections. 10. With respect to the election of members by con- tributors and the component Local Authorities, the rules [ PSacrhteId. u] le, set forth in the first part of the Schedule to this Act shall be applicable and shall be observed. ' Gmaemzebtetrasl.of of th 1 e 1. firTsht emGeomvbeerrnsorofin eCacohunBciol asrhdaltlocbaueseputbhleishneadmeins the Gazette, and thereupon such Hospitals Board shall be deemed to be duly constituted. D isabilities, 12. (1.) No person who is an uncertificated insolvent &c. shall be capable of being elected or appointed a member. Ally member who becomes insolvent or applies to take the benefit of any Act for the relief of insolvent debtors, or who by any deed or other writing compounds wlth his creditors or makes an assignment of his property for their benefit, shall be deemed to have vacated his office as a member. Interests ill (2.) Any member who is in anywise concerned or ()ontracts. interested, whether directly or indirectly, in any bargain or contract made by or on behalf of the Board or any hospital to which this Act applies, or in anywise participates or claims to be entitled to participate in the profit thereof or in any benefit or emoluments arising from the same, shall thereby vacate his office as a member, and shall also be guilty of an offence, and be liable to a penalty not exceeding one hundred pounds or to imprison- ment for any term not exceeding six months, or to both of such punishments: Provided that nothing herein shall disqualify any person from being or continuing a member or render any

]923. HOSPITALS. IIospitals Act. ss. 13, 14. 10545 person liable to punishment solely because he is con- cerned or interested in a transaction with the Board or any such hospital in respect of- (a) A lease, sale, or purchase of lands; or an agreement for such lease, sale, or purchase; or (b) An agreement for the loan of money or any security for the payment of money; or (c) A contract entered into by an incorporated company for the general benefit of such company; or '(d) A contract for the publication of advertise- ments in a public journal; or (e) The sale of goods to or the performance of any work for the Board or any such hospital bona fide in the ordinary course of business and not pursuant to any written contract, and not exceeding the sum or value of twenty pounds in anyone year. (3.) If a member fails to attend three or more con- VacatIOn d secutive meetings of the Board extending over a period office. of not less than three months, without leave of absence first obtained from the Board, he shall cease to be a member. (4.) If at any time a vacancy in the Board is caused Casual by death, resignation, or otherwise, the Governor in vacancies. Council shall appoint some fit and proper person, who shall hold office until the date when the member whose place he fills would have gone out of office in the ordinary course. 13. If within fourteen days from the time appointed Failure to for any election no member or an insufficient number of elect. members is elected, the Governor in Council shall appoint some fit and proper person or persons to be a member or members, and he or they shall be deemed to have been elected by the contributors or Local Authorities failing to elect, as the case may be. 14. Every Hospitals Board shall by the name of Corporation. " the [name of District] Hospitals Board" be a body corporate 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.

]0546 ss. 15,16. HOSPITALS. __ ---. . ---_.--_._------------- Hospitals Act. 14 GEO. V. No. 44, Chairman. 15. (1.) At its first meeting held after the first consti- tution of the Board and thereafter at its first meeting held after the election and appointment of the Board, or at some adjournment thereof, the members present shall elect a member to be the chairman of the Board. (2.) Subject to this Act, and except with regard to the first Board, the chairman shall hold office for three years. (3.) Any casual vacancy in the office of chairman shall be filled at the next meeting of the Board after it arises, or at some adjournment thereof; and the chairman then elected shall hold office until the chairman whose place he fills would have gone out of office in the ordinary course. (4.) If after the expiration of fourteen days from the time appointed for the election of a chairman no chairman is elected, the Governor in Council may appoint one of the members to be chairman. (5.) The chairman shall be the executive officer of the Board. Dissolution 16. (1.) j1-'rom and after the first constitution of a of existing Board under this Act, or in the case of any hospital gboodvieersn.ing to which this Act may hereafter be applied, from and after the date of the Order in Council in that behalf, every committee, body of trustees, or other governing body of every hospital within the District shall be dissolved, and shall cease to exercise or perform any of the powers, duties, or authorities which it was authorised or entrusted to exercise or perform under *"The Hospitals Acts, 1847 to 1891," or any other Act, and shall cease to be subject to any of the liabilities to which it had theretofore been subject, and all such powers, duties, authorities, and liabilities shall vest in and devolve upon and be exercised and discharged by the Board. (2.) All rules and regulations or by-laws theretofore made by any such committee, body of trustees, or other governing body which would have been valid if they had been made under this Act shall be as valid as if they had been made under this Act, and shall remain in force and be enforced by the Board for the hospital with respect to which they were made, until the Board * 11 Vie. No. 59 and Amending Acts, supra, page 951.

HOSPITALS. ss. 17,18. 10541 1923. Hospitals Act. has made by-laws with respect to the matters thereby provided for, and thereafter shall be deemed to be repealed. 17. (l.) All the estate and interest in any real and Property to personal property belonging or appertaining to any ~ est~ ll hospital, or held by or vested in any person in trust for oa • or on behalf of any hospital to which this Act applies at the time of the first constitution of the Board, or in the case of a hospital to which this Act may hereafter be applied at the date of the Order in Council in that behalf, shall be divested from such person and vested in the Board, and all real and personal property which may thereafter be conveyed, transferred, granted, devised, or bequeathed to or on behalf of any such hospital, shall, notwithstanding f\ny instrument to the contrary, be vested in the Board. (2.) Subject to this Act, all such property shall he ~ av! ~ g. of held by the Board for and upon the same trusts and ~ ~ ~ lhtles. purposes as at the time of its vesting in the Board are or as may subsequently become attached to the same, and subject to any contracts, leases, mortgages, or other debts or charges for the time being affecting the same, and the Board shall be liable for the payment of such mortgages, debts, or other charges. (3.) All contracts, agreements, and securities entered Enfo: c~me[jt into or executed before the first constitution of the ~ ~ : ~ : ! ~ ~ g Board, or before the date of such Order in Council, as the &c. • case may be, by any trustee, committee, or other body or person having the control or management of any hospital to which this Act applies or of any property belonging or appertaining to such hospital and which are then still in force, shall take effect and may be proceeded on and enforced as near as circumstances will admit in favour of by and against and with reference to the Board. (4.) But nothing herein shall give to any person any Saving. further or better remedy or right than he would have had if this Act had not been passed. 18. Any lands which have been or may hereafter beLands reserved or set apart for hospital purposes may be granted reservpd. to or placed under the permanent or temporary control of a Board. '

10548 ss. 19-22. HOSPITA.LS. Hospitals Act. 14 GEO. V. No. 44, Board to have control of hospitals. 19. The Board, with the approval of the Governor in Council, may from time to time- (a) Establish, in any part of the District, new hospitals; (b) Amalgamate any two or more hospitals. Rules as to 20. (1.) The rules set forth in the second part of the parnodceedings Schedule to this Act shall be applicable to the proceedings business. and business of ihe Board, and shall be observed. [Schedule, Part H.] (2.) Subject to this Act, the Board may from time to time, by resolution, make rules for regulating its pro- ceedings and the general conduct of business and for calling special or general meetings of the Board or of the contributors. Reyenue 21. (1.) The Board shall establish a Fund to be called the" Hospitals Fund." (2.) There shall be paid into the Fund- (a) All donations, bequests, legacies, grants, and contributions 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; (b) All moneys received from the Consolidated Revenue; (c) All moneys received from Local Authorities; (d) All moneys received by way of loan. Application (3.) The Hospitals Fund shall be applied by the of Fund. Board towards the payment of all expenses necessarily incurred in carrying this Act into execution, and in doing and performing any acts and things which the Board is by this Act empowered or required to do or perform. Payments (4.) The Board may payout of the Hospitals Fund ~ ~ ~ of Fund any sum due under an agreement lawfully made for the authorised purposes of this Act, and any sum recovered against the purpose. Board by process Of law, and any sum which by any order made or purporting to be made under this Act the Board is directed to pay by way of expenses, compen- sation, damages, costs, or otherwise. Application 22. All bequests and devises of property made to the of bequest. Board or vested in the Board pursuant to this Act shall be strictly applied in manner directed by the

HOSPITALS. ss. 23, 24. 10549 1923. Hospitals Act. - -------------------- testators respectively, but in the absence of any such direction the proceeds therefrom shall be applied in aid of the execution of this Act in such manner as the Board may from time to time determine. Pending such application as aforesaid, all such proceeds shall be invested in securities issued by the Government of Queensland under any Act, and the interest accruing from year to year in respect of such investments shall be paid into the Hospitals Fund. 23. The Treasurer may, upon such terms and Borrowing -conditions as he may determine, from time to time powers. advance moneys to the Board for the purpose of enabling it to exercise and perform the powers, authorities, and ,duties vested in or conferred or imposed upon it by this Act: Provided that if in any year the Board makes default jn the due payment to the Treasurer of any sum or sums requi:-ed to be paid by the Board, then so much ,of the whole amount of such loan as shall be then unpaid, together with all interest payable thereon, shall become and be forthwith payable by the Board as a debt due to His Majesty, and may be recovered accordingly. 24. (1.) As soon as may be after the first constitution Board to ,of the Board, and thereafter in every year before the fra~ e d thirtieth day of June, the Board shall estimate as ~ ~ ~ ~ i~ :n accurately as possible- amo~ nt of eontrl- (a) The total amount of the expenditure required butions. for the following year ending on the thirtieth day of June 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. No such estimate shall have any force or effect until a pproved by the Governor in Council.

10550 ss, 25,26, HOSPITALS. Hospitals Act. 14 GEO. V. No. 44? Contribution (2.) The Treasurer shall, out of moneys to be appro- byTreasurer. priated from time to time by Parliament for the purpose, pay to the Board an amount equal to sixty per centum of the estimated expenditure as aforesaid of the Board~ after deducting the estimated income from sources other than contributions from the Treasurer and the component; Local Authorities. A receipt signed by the chairman or secretary shall be a sufficient discharge to the Treasurer for any such payment. Contri. (3.) The component Local Authorities shall contribute bcoumtiopnonbeynt an amount equal to forty per centum of such estimated I_ocal expenditure after deducting the estimated income from Authorities. sources other than contributions from the Treasurer and the component Local Authorities. Sup~ ly. of (4.) If in any year the amount received by the Board ~ ~ ; c~ ~ ~ ~ and from a~ l sources falls short of the expen~ iture based upon ap'propri- the estImate for the year, then the defiCIt shall be added :~~ ~ ~ u~ ~ any 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. Coniribution 25. The amount to be contributed by each com- AbyutLhoocriatlies. ponent Local Authority shall be ascertained as follows : - Each clerk shall, ·before the first day of April in each year, transmit to the secretary a return, verified by statu- tory declaration, showing the total value of the rateable land within the Area for which he is clerk as ascertained bv the valuation lists in force for the time being. v The secretary shall by means of such return fix the amount which each such Local Authority shall con- tribute on the basis of contribution in proportion to the value of the rateable land in the respective Areas of the component Local· Authorities. Precept ou 26. (1.) For the purpose of obtaining payment from LAoucthalorities. the component Local Authorities of the sums to be contri- buted by them, the Board may issue a precept, signed by the chairman, to each such Local Authority stating therein the sum to be contributed by such Local Authority, and requiring such Local Authority within a time limited by

HOSPITALS. S3. 27,28. 10551 1923. IIospitals Act. the precept to pay the sum mentioned to the Board or to such person as the Board directs. The provisions of the Local Authorities Act relating to precepts issued by a Joint Local Authority shall, as far as possible, be applied to every such precept. Moreover, if any component Local Authority fails to pay the said sum for a period of one month after the time limited for payment, such sum may be recovered by the Board in any court of competent jurisdiction as a debt due by such Local Authority to the Board. (2.) The Local Authority may, if it thinks fit, pay the Hospital amount of such contribution out of its Local Fund, or, for Rate. the purpose of raising such amount and the expenses of collection, it may make and levy a Hospital Rate, and the same proceedings may be taken for the recovery thereof as in the case of rates made under the Local Authorities Act. 27. (1.) Every application for the establishment of Special an ambulance brigade shall be made to the Minister. ~~ ~ ~isions Ambulance (2.) The Governor in Council may approve of such Brigades. application, and by Order in Council may establish such ambulance brigade and define the locality within which the operations and collections of such brigade shall be limited. (3.) In every year, before the thirtieth day of June, the committee of every brigade shall estimate as accurately as possible the total amount of revenue and expenditure of such brigade for the following year ending on the thirtieth day of June, and shall submIt such estimate to the Governor in Council for approval. No such estimate shall have any force or effect until approved by the Governor in Council. 28. The Board, with the approval of the Governor By-laws. in Council, may from time to time make by-laws with respect to all or any of the following matters :- (i.) Regulating the admission of patients into any hospital; authorising charges to be made and recovered in respect of patients treated in or in connection with any hospital or treated or conveyed by any ambulance, and fixing such

10552 s.29. HOSPITALS. Hospitals Act. 14 GEO. V. No. -14, Penalties. Repeal. charges and prescribing the method of recovery thereof: Provided that no person shall be refused the benefits of a hospital or ambulance by reason of inability to pay therefor ; (ii.) The maintenance of order, discipline, decency, and cleanliness among the patients and visitors- in any hospital; (iii.) Prescribing the duties of the medical and other officers, nurses, attendants, and servants of any such hospital; (iv.) Preventing trespass or intrusion upon the premises of any hospital or the grounds attached or belonging thereto, or any land vested in or under the control of the Board; (v.) Preventing disorderly behaviour in or upon the premises of any hospital by any person; (vi.) Regulating or prohibiting the introduction of any articles whatsoever into any hospital, whether of food, drink, consumption, or other- wise; (v 11.) All matters affecting the general management~ care, control, and superintendence of any hospital; (viii.) The affording relief by medicine and attend- ance to out-patients; (ix.) The appointment and powers of a deputy chairman; (x.) Generally for carrying this Act into effect. A by-law may provide a penalty for any breach thereof, but no such penalty shall exceed twenty pounds. A by-law or part of a by-bw may be repealed by the Governor in Council by Order in Council. Regulations. 29. Where there is any omission in this Act, or where &c. no provision, or no sufficient provision in the opinion of the Governor in Council, is made, the Governor in Council may from time to time make and prescribe all such regu- lations and orders, either general or applicable to par- ticular cases only, as he thinks fit, for the purpose of facilitating the execution of this Act or more effectively carrying it into execution.

ss. 30, 31. 1923. HOSPITALS. H ospritaZs Act. 8ch. pt. I. rr. 1, 2. 10553 All such regulations and orders shall, upon publica- tion in the Gazette, have the same effect as if they were enacted in this Act, and shall not be questioned in any proceedings whatsoever. 30. The production of the Gazette containing any Evid: lllC~ of Order in Cou;cil or the notification of any electIOn or pubhcatlOn. appointment made under this Act or the notification of any regulation or order or of the approval of a by-law shall be sufficient evidence, until the contrary is shown, that such Order has been duly made and is still in force, and that such election or appointment has been duly made, and that such regulation, order, or by-law has been duly made and approved, and that it is still in force. 31. (1.) Any person who obstructs the Board, or any Obstru.cting person emp1oyed b y 1 ·t, m· the performance 0 f anyth·mg eAxcetc.utIOn of which it or he is respectively empowered or required to do by this Act, shall be liable to a penalty not exceeding twenty pounds. (2.) Any person who wilfully destroys, pulls down, injures, or defaces any board on which any by-law, regu- lation, order, notice, or other matter is inscribed shall, if the same was put up by authority of the Board, be liable to a penalty not exceeding five pounds. THE SCHEDULE. PART I. RULES TO BE OBSERVED IN THE ELECTION OF MEMBERS OF THE BOARD. Returning Officer. 1. At every election the secretary shall by virtue of his office be the Returning Officer. 2. For the purpose of enabling the Returning Officer to compile a roll of members of component Local Authorities (whether a single Local Authority or a group or the whole of the component Local Authorities entitled under this Act to return a member or members) entitled to vote at such election of members of the Board. to represent Local Authorities, the clerk of every component Local

10554 8ch. Pt. I. rr. 3-5. HOSPITALS. JJ ospitals Act. 14 GEO. V. Ko. 44, Authority shall, under a penalty not exceeding five pounds for any failure so to do, as soon as the triennial election of the Local Authority has been concluded, deliver to the Returning Officer a correct list of the names and addresses of all members of the Local Authority of which he is clerk, certified as correct by writing under his hand. The Returning Officer shall from such lists compile a roll of persons entitled to vote at the election for representatives of tll!) Ilocal Authorities whether representing one Local Authority or a group of or the whole of the component Local Authorities. Each such roll shall show the names in alphabetical order and numbered consecutively of all the members of the Local Authority ()r Local Authorities entitled under this Act to return a member or members, and when signed by the R!)turning Officer shall be the roll by reference to 'which the title of every person to vote at such election shall, save as next hereinafter provided, be finally determined. But no person named on such roll who, at the date of the election, has ceased to hold office as a member of a component Local Authority in respect of which the election is held shall be entitled to vote. 3. ]Tor the purpose of enabling the Returning Officer to compile a roll of persons entitled to vote at the election of contributors' representatives, the secretary to the Board shall, under a penalty not exceeding five pounds for any failure so to do, at least fourteen days before the day of nomination, compile a correct list of the names and addrcsS€i:i of contributors, certified as correct by writing under his hand: Provided that at the first election of contributors' representa- tives the secretary of each hospital in the District shall, under a like penalty for any failure so to do, forthwith deliver to the Returning Officer a correct list of the names and addresses of all contributors to the hospital of which he is secretary, certified as correct by writing under his hand. Nomination of Oandidates. 4. In order that a person may be or become a candidate for election he shall be nominated- Ca) In the case of the members to be elected by a Local Authority or Local Authorities, by not less than two members thereof who are entitled to vote; Cb) In the case of the members to be elected by the con- tributors, by not less than two contributors entitled to vote. Nominations to be made in u:l'iting. 5. Nominations shall be made in writing, addressed to the Returning Officer, and shall be lodged with him not later than

HOSPITALS. 8ch. Pt. I. rr. 6-8. 10555 1923. Hospitals Act. noon on the first Tuesday of l\lay in the year in which the election is to be held. 6. If only the requisite number of candidates are so nominated, the Returning Officer shall, at noon of the day so appointed, and .at the place so appointed, declare such candidates to be duly elected, .and they shall be elected accordingly. Ballot or Postal Ballot if more than Requisite N1lmber of Nominations Received. 7. (1.) If the number of persons who are duly nominated as (;undidates exceeds the number of members to be elected, whether .as representing a I,ocal Authority or a group of or the whole {)f the component 110cal Authorities, then for deciding between the candidates to be elected a poll shall, unless otherwise directed by the Governor in Council under subsection two of this section, be taken by ballot in the manner similar to that followed in the .election of members of the Legislative Assembly, and for that purpose the provisions of any law for the time being regulating the conduct of elections of members of the Legislative Assembly, except the provisions relating to absent and postal voters and absent and postal voting, shall, so far as they can be made .applicable, m1datis m1ttandis, apply to the taking of a poll under this Act. The Returning Officer shall appoint the time and polling places for taking the poll. Voting by Postal Ballot. (2.) Provided that the Governor in Council may direct that the poll be taken by postal ballot, and' thereafter the provisions hereinafter set forth shall have effect in lieu of the provisionl'i hereinbefore prescribed relating to voting by ballot. Candidate may Retire. 8. After a poll has been appointed to be taken~ a candidate may retire from his candidature not less than seventY-bYo hours after the hour appointed for lodging nominations by delivering in writing a notice of retirement to the Returning Officer. The Returning Officer shall then omit the name of the person so retiring from the ballot-papers, but if there is not time to omit or erase the name he shall take such steps as may be practicable to make known the name of the person so retiring. The person so retiring shall not be capable of being elected; and if the number of candidates by his retirement is reduced to the requisite number to be elected, the Returning Officer shall declare the remaining- candidate or candidates to be elected. H

10556 Sch. Pt. I. r. 9. HOSPI'l'ALS. Hospitals Act. 14 GEO. V. No. 44,. Voting by Postal Ballot. 9. In cases where the Governor in Council has directed the poll to be taken by postal ballot, the following provisions shall apply:- (1.) The Returning Offieer shall forthwith after the day of nomination transmit by post to every voter entitled to vote at the election a ballot-paper, which shall be in the following form:- A Qnmmed edge. B PC1jorat1:0n. How to Vote. Make a cros> in the sqUtHe opposite the name of the [or (insert num/m' to be elected)] candidate for whom you vote. Gum the top and sides of the ·paper down so that the letters A A and B B ill the corners meet, and after doing so get your signature wit neBsed by an cltctor of "colmp:ment Local Authority, " mem- ber of a component L0cal Authority, a contributor, a justit:e of the peace, or the Returning Otticer. Thep ph~ ce the paper in th" accompanyillgenvelope, \\ hlOh i; addreoscd tothe Returning Officer, and endor8ed "Ballot-p"per, Election of Memhers of H'''pita]., Board"; close up the envelope, and post it to the Returning OffiCf r. A. B. [initials of Returntng Officer J li'old the puper here. 1_- I BROWN, JOHN n GREEN, CHARLES [J SMITH, ABEL u WILLIAMS, GEORGE I······ ~ .................-................................... Perforation. B Perforation. 1* of a·m a member of the Local Authority of [or a contributor to the huspital at • (a, the case may bel], and am entitled to vote at the election of a member [ort member_) of the Hospitals Buard, which is to take place at:!: and closes on the day of 19 I am of the full age of twenty-olle years. I bave not already voted at this election. I make this solemn declaration conscientiously believing the same to be true. \Vitness- Elector of a component Local Authority, memher of a component Local Authority, contributor, or justice of the l,eace (ur Heturning Officer). * Christia,n name and surname in full. t Insert number of members to be elected. t State place of nomination. Envelope addressed to Returning Officer. (2.) Every ballot-paper so transmitted to a voter shall be accompanied by an unsealed envelope addressed to the Returning Officer at the place of nomination, and endorsed, "Ballot-paper, Election of Members of Hospitals Board" [Group (insert description of group, if any) ].

HOSPITAI~ S. 8ch. Pt. I. r. 9. -- -- - - - - - - - - - ~ - - - - - - - - - - -- - -- - - Hospitals Act. 'rhe envelopes containing the ballot-papers so posted by the Returning Officer shall be endorsed with the words, "Ballot-paper; Election of Members of Hospitals Board." Every ballot-paper shall contain the names in full, in alpha- betical order, of all the candidates, and shall be initialled by the Returning Officer. The ballot-paper shall be so printed and prepared that the voter may effectually conceal the name of the person for whom he has voted. lI10de of Printing Ballot-papers. (3.) In printing ballot-papers, regard shall be had to the following rules, that is to say- (i.) The paper used for ballot-papers shall be of such thick· ness as when folded will conceal the names of the candi- dates and the manner in which a voter has voted; (ii.) The name of every candidate shall be printed in plain capital letters of not smaller than pica type; (iii.) The name of one candidate only shall be printed in one line; (iv.) On each side of every such line there shall be a blank space of not less than one quarter of an inch. Papers to be filled 1/p. (4.) Before posting the ballot-papers the Returning Officer shall cause the form of declaration on each ballot-paper to be filled in with- (i.) The christian name and surname in full, when known, of the voter; (ii.) The place of residence of the voter; (iii.) The names of the Local Authority and Hospitals Board, respectively; (iv.) The place of nomination; (v.) The number of members to be elected; and (vi.) The date on which the poll will close. Duplicate Ballot-paper in Certain Cases. (5.) At any time before three o' clor~k in the afternoon of the day next preceding the day appointed for closing the poll the Returning Officer may issue a second or duplicate ballot-paper to any voter whose original ballot-paper has miscarried or has been destroyed: Provided that the voter shall first make a declaration before the Returning Officer that he has not received the original ballot- paper, or that it has been destroyed, and that he has not already voted at the election. Ballot-paper posted to Returning Officer. (6.) The voter shall mark the ballot-paper by making a cross in the square opposite the name of the candidate or of each of the candidates for whom he votes, and fold up and gum together the parts thereof as indicated thereon, and shall then sign such 10557

10558 Sch. Pt. I. r. 9. HOSPITALS. Hospitals Act. 14 GEO. V. No. 44, --------- paper in the presence of an elector of a component Local Authority or a member of a component Local Authority or a contributor, or a justice of the peace, or the Returning Officer. He shall then place the ballot-papeI'" in an envelope addressed to the Returning Officer at the place of nomination, and endorsed "Ballot-paper, Election of Member of Hospitals Board," and shall close the envelope and transmit the same by post. Returning Officer may assist Voter. (7.) The Returning Officer may, at the request of a voter, mark the ballot-paper by making a cross in the square opposite the name of the candidate or of each of the candidates for whom he votes, but the Returning Officer shall not perso:o:::.ally receive any vote except through the post, as hereinbefore provided. Marksmen. (8.) The signature or mark of a voter who cannot write, or who cannot write the characters of the English language, must be attested by a justice or the Returning Officer. No person who cannot write, or who cannot write the characters of the English language, shall be competent to attest the signature of a voter. Candidate or his Agent not to attest Signatures. (9.) No candidate or the agent of a candidate at the election or postmaster or receiving officer of the Post Office shall attest the signature of a voter to a ballot-paper for use in the election: every such person who so witnesses a signature shall be liable to a penalty not exceeding fifty pounds, but the vote shall not be thereby invalidated. Candidate or his Agent not to collect Ballot-papers. (10.) No candidate or agent of a candidate shall receive or take any ballot-paper or envelope containing a ballot-paper from a voter. Any such person who so takes or receives a ballot-paper or envelope containing a ballot-paper from a voter shall be liable to a penalty not exceeding fifty pounds, and the election of a candi- date who or whose agent so takes or receives a ballot· paper or envelope containing a ballot-paper shall be void. Ballot-box to be Provided. (11.) After posting the ballot-papers, the Returning Officer shall provide a locked ballot-box or ballot-boxes with a cleft or opening therein capable of receiving the ballot-papers, and shall deposit in the proper ballot-box every post letter addressed to the Returning Officer, and endorsed "Ballot-paper, Election of Members of Hospitals Board," which is received through the post at his office between the day of nomination and ten 0 'clock in the forenoon of the day appointed for closing the poll. All envelopes, containing ballot-papers, which have been irregularly posted, and which the Returning Officer has on that account refused to accept, and all envelopes, containing ballot- papers, which have been posted or received through the post after the hour of ten o'clock aforesaid, shall be endorsed to that effect

HOSPITALS. Sch. pt. I. r. 9. 1923. Hospitals Act. by the Returning Officer, and be forthwith sent by him to the Dead Letter Department of the Post Office, where they shall be opened and returned to the senders. The Returning Officer shall be responsible for the safe custody of every such ballot-box. Place for Examination of Votes. (12.) For the purposes of every election, the Returning Officer shall appoint a place at which the votes shall be examined and the result of the election ascertained. No house or place licensed or registered for the sale of fermented or spirituous liquors shall be appointed as the place for such examination and ascertainment. Scrutiny of Votes and Declaration. (13.) The Returning Officer shall, in the forenoon of the day after that appointed for closing the poll, in the presence of his poll clerk, if any, and of such of the scrutineers as may attend, but not of any candidate- . (L) Examine and count the number of votes received for each candidate, observing with respect to each ballot- paper the following directions:- He shall first mark off the voter's name upon the proper alphabetical list of voters hereinafter mentioned. He shall then examine the declaration and attestation attached to the ballot-paper, and if they are regular shall separate the declaration and attestation from the other part of the ballot-paper, and deposit such declaration and attestation in a receptacle provided for the purpose, and also forthwith deposit the other part in a locked ballot-box. If the declaration and attestation are not regular, he shall reject the ballot-paper without separating it into partf; or marking any numbers thereon. When all the ballot-papers have been dealt with in manner aforesaid he shall open such ballot-box, and shall open out the parts of the ballot-papers deposited therein by tearing off the perforated gummed edges, and then proceed to examine and count the number of votes received for each candidate; (ii.) Make out a written statement, signed by himself and countersigned by the poll clerk, if any, and by any scrutineers who are present and consent to sign the same, containing the numbers in words as well as figures of the votes received for each candidate so counted as aforesaid; (iii.) As soon as possible, there openly declare such numbers. and at the same time and place declare the name or names of the candidates elected; (iv.) Forthwith thereafter certify to the secretary, by writing under his hand, the name or names of the candidate or candidates so elected and the date of the declaration of the result of the election. 10559

l0560 Sch. pt. I. rr. 10-12. HOSPITALS. Hospitals Act. 14 GEO. V. No. 44, At the time of opening the ballot-box the Returning Officer shall produce, for the information of the scrutineers, the roll of persons entitled to vote, as well as an alphabetical list signed by him of all voters to whom he has posted or issued ballot-papers. Informal and Imperfect Votes. (14.) At the examination of the ballot-papers every ballot- paper which- (i.) Does not bear the initials of the Returning Officer; or (ii.) Is not si~ ed by the voter and attested in the manner prescribed by this Act; or (iii.) Is manifestly irregular; or (iv.) Is signed by any person other than a qualified voter; or (v.) Has no cross in a square opposite the name of a candi- date, or has fewer crosses or more crosses in such squares than the number of candidates to be elected; or (vi.) Is so imperfectly executed that the intention of the voter cannot with certainty be ascertained; shall be rejected. Casting Vote. 10. If the number of votes for two or more candidates in any representation is found to be equal, the Returning Officer shall decide by his casting vote which shall be elected. The Returning Officer may, if qualified, vote at the election in addition to giving a casting vote. Substit1tte for Returning Officer. 11. If the Returning Officer is prevented from attending to any «)f his duties by illness or other sufficient cause, he shall, by writing under his hand, appoint a substitute to act for the Returning Officer. Such substitute shall thereupon for the time being have all the power and authority of and be deemed to be the Returning ()fficer. Votes not to be Divulged. 12. (1.) If a Returning Officer, or any scrutineer, or poll -clerk, in the discharge of his duties under this Act, at or concern- ing an election, learns for what candidate any voter has voted at such election, he shall not by word or act, or any other means whatsoever, directly or indirectly, divulge or discover, or aid in divulging or discovering, the fact, save in answer to some question which he is legally bound to answer. Returning. Officer, o,c., not to make Notes or Memorandum of Votes. (2.) If the Returning Officer or any scrutineer or poll clerk makes any mark upon any list of voters, or makes or writes any note or memorandum denoting, or whereby he can know or remem- ber, for what candidate any voter has voted at an election, he shall be liable to a penalty not exceeding fifty pounds.

Sch. Pt. I. rr. 13, 14. HOSPITALS. 8ch. Pt. 11. rr. 1-6. 1923. Hospitals Act. Misfeasance, &c., of Officers, &c. (3.) Every person acting as Returning Officer or poll clerk at an election who is guilty of any wilful misfeasance, or wilful ,or negligent act of commission or omission, contrary to any of the provisions of this Act, shall, for every such offence, be liable to .. :penalty not exceeding fifty pounds. Ballots for all classes vf Representatives to be Separate. 13. '1'he proceedings prior to the ballots and the ballots for the election of a representative or representatives of a Ijocal Authority 'or Local Authorities and also for the election of representatives of contributors shall be separately conducted in every respect, but the same day and place shall be appointed for the scrutiny in each 'case. Expenses. 14. The Board shall repay to the Returning Officer all expenses Teasonably incurred by him in connection with the election. PART IT. RULES RELATING TO THE PROCEEDINGS AND BUSINESS OF THE BOARD. lv[eetings. 1. The Board shall hold its ordinary meetings at such times as are appointed by by-law in that behalf. Special meetings may be summoned at any time by the chairman, and shall be so summoned by him upon receipt of a requisition in writing signed by any two 'members. 2. The chairman shall preside at all meetings at which he is present. In the absence of the chairman, the members present shall elect from their number a chairman for the day. '1'he chairman, or in his absence the chairman for the day, shall nave a vote, and, when there is an equal division of votes upon any ,question, shall have a second or casting vote. 3. No business shall be transacted at any meeting of the Board unless at least five of the members are present when such business is transacted. 4. All powers vested in the Board may be exercised by the majority of the members present at any meeting duly held, and all questions shall be decided by a majority and by open voting. At all meetings, save as herein otherwise provided, all members present shall vote. If a member refuses to vote, his vote shall be counted for the negative. 5. No member shall vote or take part in any debate with respect to any matter in which he has directly or indirectly, by himself or his partners, any pecuniary interest. 6. The members present at a meeting may from time to time adjourn the meeting. If a quorum is not present within half an hour after the time appointed for a meeting, the members present, or the majority of them, or anyone member if only one is present, or the secretary if no member is present, may adjourn such meeting to any time not later than seven days from the date of such adjournment: 10561

10562 8ch. pt. 11. rr. 7-12. HOSPITALS. Hospitals Act. 14 GEO. V. No. 44, ~ -- - - - - - - - - - - - - - - - - - - - - - - . - - - - - - Provided that nothing herein contain, ~ d shall be construed to prevent the adjournment of any meeting to a later hour of the same day on which such meeting was appointed to be held. 7. All notices of any meeting or adjourned meeting (other than of a meeting adjourned to a later hour of the same day on which such meeting was appointed to be held) shall be in writing, and shall be delivered, or sent by post or otherwise, to the address of each .)f the members previous to the meeting. Every such notice shall specify the time of meeting, and, in case- of a special meeting, shall specify the object thereof. No business shall be transacted at any special meeting except such as is stated in the notice thereof. Member refusing, &c., to act. 8. If any member refuses or neglects to ad, or to attend any duly convened meeting of the Board, all lawful acts and proceedings of the Board shall be as valid and effectual as if they had been done or authorised by the full Board. Val1:dation of Proceedings. 9. No proceedings of the Board or of any person acting as chairman shall be invalidated by reason of any defect in the election or appointment or of any disqualification of any member, or by reason of there being any vacancy in the number of members at the time of such proceedings. Committees. 10. The Board may from time to time- (i.) Appoint out of their number committees either foI'" general or special purposes; (ii.) Delegate to a committee power to do any act or hold any inquiry; (iii.) Fix the quorum of a committee. Every committee may from time to time appoint one of its number to be chairman thereof. Every committee shall report to the Board. 11. A committee may meet from time to time and may adjourn from place to place as it thinks proper, but no business shall be transacted at any meeting of the committee unless the quorum (if any) fixed by the Board, and, if no quorum is fixed, two members at least, are present. At all meetings of a committee, if the chairman is not present, one of the members shall be appointed chairman of such committee during the absence of the chairman. All questions shall be deter- mined by a majority of votes of the members present, including the chairman; and if the members are equally divided he shall haye a second or casting vote. Local Committees. 12. The Board may from time to time appoint a local committee for each hospital of the Board, consisting of such number of members as the Board may fix. The duties of a local

HOSPITALS. SCh. pt. 11. rr. 13-17. 1923. Hospitals Act. committee shall be the visiting of the hospital, the hearing of complaints, the holding of inquiries, the reporting to the Board, and the performance of. such other duties as the Board may from time to time determine. The Board :may if it thinks fit empower a local committee to expend, on urgent works in connection with the hospital, sumiil not exceeding an amount to be determined by the Board. Minutes. 13. The Board shall cause entries of all the proceedings of the Board and of every committee appointed by the Board, with the names of the members present at each meeting and the names of all members voting upon any question for the decision of which a division is called, to be duly made from time to time in books to be provided for the purpose, which shall be kept by the secretary under the superintendence of the chairman. Every such entry shall be signed by the chairman at the meeting next succeeding the meeting at which such proceeding has taken place. Evidence of entries. 14. Every entry in any book kept by the secretary, purporting to be an entry relating to the proceedings of the Board or of a committee thereof and to be signed by the chairman, or a certified copy of or an extract from any such entry, sealed with the seal of the Board and signed by the chairman and secretary, shall, upon the production thereof alone, be received in any court of justice as evidence of the proceedings appearing by such entry to have been taken, without proof of the meeting to whieh the same refers having been duly convened or held, or of the persons attending such meet- ing having been or being members or members of committee respec- tively, or of the signatures of the chairman or secretary, or of the fact of their having been chairman or secretary respectively; and all such last-mentioned matters shall be presumed until the contrary is: proved. Authentication of doc1tments. 15. Subject to this Act, every appointment and every order, notice, certificate, or other document of the Board relating to the execution of this Act or the business of the Board shall be sufficiently authenticated if signed by the secretary or chairman or any two members. Office. 16. The Board shall appoint and occupy as its office such convenient premises as the Board may sele0t. Contracts. 17. The Board may enter ihto any contract with any person for doing anything which the Board may be authorised to do or which is necessary for carrying out the pul-poses of this Act Any contract which if made between private persons-Firstly, must be in writing under seal; secondly, must be in writing signed by the parties thereto; thirdly, may be made verbally ';vithout writing: 10563

10564 8ch. Pt. 11. rr. 18-24. HOSPITALS. H ospitaZs Act. 14 GEO. V. Ko. 44, When made by the Board: In the first case, shall be in writing under the seal of the Board; in the second case, shall be signed by the chairman or two members of the Board on behalf of and by jirection of the Board; in the third case, may be made verbally without writing by the chairman or any two members of the Board on behalf of and by direction of the Board. All such contracts may be varied and discharged in the same manner respectively. 18. No contract the amount whereof exceeds fifty pounds shall, except in case of urgent necessity, be made except after public tender, of which due public notice shall be given, but the Board shall not be obliged to accept the lowest or any tender. 19. The Board may compound with any person for such sum of money or other recompense as it thinks fit in respect of the breach of any contract or any penalty incurred thereunder, or of any debt or money due to the Board, whether before or after any action. brought for the recovery of the same. Officers. 20. '1'he Board may from timc to time appoint a sccretary and such medical officers, dispensers, nurses, inspect.ors, at.tendants, collectors of cont.ributions and volunt.ary donations, and other officers as may be necessary to assist in the execution of this Act, and may, out of t.he Hospitals Fund, pay such salaries and allowances to such officers respect.ively as the Board may determine. Subject to any agreement. to the contrary, all such persons shall hold office during t.he pleasure of the Board. 21. All medical and other officers, and all persons engaged or employed at the time of the first constit.ution of the Board in any hospital, shall be deemed t.o have been appointed under this Act, and shall continue in office subject t.o this Act.. 22. Before any officer entrusted by the Board with t.he custody or control of moneys by virtue of his office enters thereon, the Board shall take sufficient securit.y from the Insurance Commissioner or from some associat.ion or joint stock company approved by the Minister carrying on in Q:ueensland t.he business of a guarant.ee society for the faithful execution of such office by such offil5er. 23. The chairman may at any time suspend from office any officer of the Board who in his opinion is guilty of misconduct or neglect, and may, if necessary, temporarily appoint another officer in his place: . Provided that at the next meeting of the Board after such suspension the chairman shall report the matter to the Board, and, if the officer so suspended is dismissed by the Board, no salary or wages shall be due or paid to him from the date of his suspension. Every officer temporarily appointed shall hold office and receive remuneration (which shall in no case exceed that paid t.o the officer so suspended) only until the Board decides whether the person suspended shall be reinstated, or whether he shall be dismissed and a successor appointed in his stead. 24. Every officer employed by the Board who exacts or accepts, on account of anything done by virtue of his office, any fee or reward

HOSPITALS. Sch. Pt. 11. rr. 25-29. ]923. Hospitals Act. otner than the salary or allowance by way of salary allowed by the Board, or who is in anywise concerned or interested in any bargain. or contract made by the Board, shall be incapable of being after- wards employed by the Board for the space of five years, and shall forfeit the sum of one hundred pounds. And the Board or any person may sue for such penalty by action in any court of competent jurisdiction. 25. The secretary shall be responsible for the safe custody of all books of account, agreements, receipts, vouchers, and other papers and writings relating to the business of the Board; he shall make a record of the same in obedience to the direction of the Auditor-General, and shall not deRtroy or mutilate them or any of them without his sanction in writing previously obtained. 26. If any officer of the Board fails when required by the Board so to do- (i.) To render accounts of any moneys received by him for or on behalf of the Board, and of his dealings therewith; or (ii.) To produce and deliver up the vouchers and receipt.s relating to the same in his possession or power; or (iii.) To pay the balance thereof when so required; or (iv.) To deliver up to the Board or to any person appointed by it to receive the same, within five days after being so required, all papers and writings, property, matters, and things in his possession or power, relating to the execu- tion of this Act, or belonging to the Board; ;a police magistrate or any two justices of the peace may hear and -determine the matter in a summary way, and may ordcrsuch officer to render such accounts or to deliver up such vouchers and receipts, -or to pay over the balance owing by him, or to deliver up all such papers, writings, property, matters, and things. If such officer neglects or refuses to obey such order he may, by any justice, be committed to prison for any period not exceeding six months. 27. All such proceedings against an officer may be had and taken and enforced against such officer after he has ceased to hold his office. No such proceedings against an officer shall deprive the Board {)f any remedy which it might otherwise have against any surety of :such officer. Contributors Book. 28. At every hospital a book, to be called" The Contributors Book," shall be kept in which shall be entered the names and .addresses of all persons contributing towards the support thereof .and the amounts contributed by each person. Bank Acc01lnt. 29. All moneys of the Board arising from any source shall be paid into such bank as the Board from time to time determines to an account to be called "The [name of District] Hospitals Fund Account, " and shall only be paid thereout by cheques signed by the 10565

10566 8ch. Pt. 11. rr. 30-35. HOSPITALS. Hospitals A~ t. 14 GEO. V. No. 44,1923. secretary and countersigned by the chairman or any two members. of the Board authorised by it from time to time to sign cheques. Overdraft. 30. The Board may obtain advances from any bank by way of overdraft of its current account. Leasing of Lands. 31. The Board may, with the consent of the Governor in Council, let any lands vested in it or under its control, or any part thereof, not required for immediate use, for any period not exceeding seven years, at such rents and upon such terms and conditions as it may determine. Funds. 32. The Board shall take all necessary steps for providing funds for the execution of this Act. . Intervention by Government. 33. The Governor in Council may at any time suspend, amend,. or rescind any resolution or order of the Board, or may prohibit or limit the expenditure of any moneys from the Hospitals Fund which in his opinion is unnecessary or extravagant or will impose undue· burdens upon the Local Authorities or otherwise. Service. 34. Any document under this Act may be served upon any person- (a) By delivering the same to such person; or (b) By leaving the same at his usual or last known place of abode or business; or (c) By forwarding the same by post addressed to such person at his usual or last known place of abode or business. Prosecutions, &c. 35. (l.) The Board may order proceedings to be taken for the recovery of any penalties and for the punishment of any person offending against this Act, and· may order the expenses of such prosecution or other proceedings to be paid out of the Hospitals Fund. (2.) In all proceedings in any court of summary jurisdiction or before any justice the secretary, or any other officer of the Board appointed by the chairman by writing under his hand, may represent the Board in all respects as though he were the party concerned. In any such proceedings the authority of such officer shall be presumed unless the contrary is proved. (3.) The secretary or other officer appointed as last aforesaid! shall be reimbursed out of the Hospitals Fund all damages, costs, charges, and expenses to which he may be put or with which he may become chargeable by reason of anything contained in this section. (4.) All penalties payable in respect of offences against this Act may be recovered by complaint in a summary way under """The Justices Acts, 1886 to 1909." "" 50 Vic. No. 17 and Amending Acts, supra, page 1132.

HOSPITALS.-INCOME TAX. Sch. pt. 11. r. 36. 14 Geo. V. No. 42,1923. Income Tax Act Amendment Act. (5.) Except where it is by this Act provided to the contrary, .all such penalties when recovered shall be paid into the Hospitals Fund. (6.) Every person guilty of an offence against thiH Act shall for every such offence be liable, if no other penalty is imposed, to a penalty not exceeding twenty pounds, or to be imprisoned for any period not exceeding three months. . (7.) No justice shall be deen1ed incapable of acting in any case arising under this Act by reason of his being as one of several ,electors, or as one of any other class of persons, liable in common with others to contribute to, or be benefited by, the Hospitals Fund. Annual.A.udit. 36. (1.) The Auditor-General, or such officer of his staff as he from time to time directs, shall once at least in every year exumirrc the books and accounts of the Board, and the Auditor-General shaH report thereupon to the Treasurer. (2.) The Treasurer may, if he thinks fit, require such books and accounts to be kept by the Board, and in such form and manner as may be prescribed by the Auditor-General. 10567 INCOME TAX. An Act to further Amend "The Income Tax Act of 14 Geo. V. 1902" in certain particulars. TH: O~ N: ~ ME TAX ACT [ASSENTED TO 23RD NOVEMBER, 1923.J AMENDMENT ACT OF 1923. B E it enacted by the King's Most Excellent Majesty, by and wIth the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority o[ the same, as follows : - 1. This Act may be cited as "The Income Tax Short title Act Amendment Act of 1923," and shall be read as one and . with *" The Income Tax Act of 1902" and its several c o o f nAstcrtu.ctIOn amendments (herein collectively referred to as the Principal Act). 2. In the definition of "Income derived from Amendment personal exertion" in section three of the Principal of s. 3. Act, after the words "trust estate" the words "the term does not include interest on money unless the taxpayer's principal business consists of the lending of money, or rents' are inserted Also, in the definition of " Net income,' after the words" two hundred" the words" and fifty" are inserted. * 2 Edw. VII. No. 10 and Amending Acts, supra, pages 9379, 9568, 9698, ~nd 10048.