Hospitals Act of 1936 (1 Geo Vi No. 4) (Qld)

15782 HEALTH-HOSPITALS. Hospitals Act. 1 GEO. VI. No. 4, (3.) The regulations may prescribe a penalty not in any case exceeding twenty pounds for any breach thereof, and in addition a daily penalty not exceeding two pounds for each and every day during which such breach is continued after a conviction therefor." Aofm s. en1d9m9.ent Princ 1 ip 0 a . l SAeccttiiosnamoneendhedunbdyrerdepeaanldingnitnheetrye- inninthee owf otrhdes " the medical officer of health or other officer authorised by the Local Authority " and by inserting in lieu thereof the words" a health officer or other officer authorised by the Director-General." sR2s0e. 3pA2e0. a3l aonfd are re 1 p 1 e . alSedec. tions 203 and 203AOf the Principal. Act oAfm B. en2d25m.ent twent 1 y 2 -f . ivSeuobfsetchteioPnritnhcriepealoAf csteicstiaomn etnwdoedhbuyndrerepdealainndg therein the words " name and address " and by inserting in lieu thereof the words " name or address." 1 GEO. VI. No. 4. THE HOSPITALS. ACT OF 1936. HOSPITALS. An Act to Make Better Provision for the Treat- ment of the Sick, and for the Provision, Control, and Management of the Various Organisations relating thereto, and for other purposes. [ASSENTED TO 17TH DECEMBER, 1936.] 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:- PART I.- PRELIMJNARY. PART I.-PRELIl\UNARY. Short title. 1. (1.) This Act may be cited as "Phe Hospitals Act of 1936." Com~ eFC: t (2.) * This Act shall come into operation on a date to men 0 c. be fixed by the Governor in Council by Proclamation published in the Gazette, which date is herein referred to as the commencement of this Act. -------_._----------------- * Proclaimed in force as from 1st Jan., 1937, by Proclamation of 23rd Dec., 1936 (Gazette, 26th Dec., 1936, page 2533).

1936. HOSPITALS. HQspitals Act. 15783 PART I.- PRELIMINARY; (3.) This Act is divided into Part,s and Subdivisions Parts of Act" as follows:- PART !.-PRELIMINARY- Section I-Short Title and ·Commencement oJ Act and Parts of Act, Section 2-Repeals and Savings, Section 3-Definitions ,. PART H.-POWERS OF CENTRAL GOVERNMENT- Section 4-Inspector of Hospitals, Section 5-Chairman of Board, Section 6-Regulations, Section 7-Proclamations and Orders in Council, Section 8-Suspension or Rescission of Resolutions, Section 9-Power to Assume Control of Voluntary Hospitals, Section 10-Unauthorised Collections, Section ll-Returns,. PART Hl.-HoSPITALS BOARDS AND DISTRICTS- . Division I-New Districts and Constitution- Section 12-New Distrtcts and Boards, Section 13-Constitution of Boards, Section 14-Chairman,. Division 2-Proceedings- Section 15-Meetings, Section 16-Committees, Section 17-Records, Section 18-Officers; Division 3-Public Office- Section 19-Public Office of Board ,. Division 4-Contracts- Section 20-How Contracts may be Entered into ,. E

15784 PART 1.- PBBLIMINABY. HOSPITALS. Hospitals Act. 1 GEO. VI. No. 4, Division 5-Finance- Section 21-Funds of Board, Section 22-Budget, Section 23-00ntributions by Government and Local Authority, Section 24-Borrowing, Section 25-AccountB and Audit; Division 6-Functions of Board- Section 26-Functions of Board, Section 27-General Powers as to By-laws ,. PART IV.-VOLUNTARY HOSPITALs- Section 28-Application of Part IV., Section 29-00nstitution of Oommittees, Section 30-Election of Members, Section 31-Application of Sections 14 to 20 and Sections 21, 22, and 25 to this Part, Section 32-Ambulances,· PART V.-MISCELLANEOUS- Section 33-Honorary Medical Officers, Section 34-Removal of Patient to Institution in Oertain Oases, Section 35-Power to Investigate Oertain Houses, &c., Section 36-Service, Section 37-Prosecutions, Section 38-Obstructing Execution of Act, Section 39-Evidence of Election or Appointment ,. SCHEDULES- First Schedule-Rules for Election of a Member or M embers Assigned to a Group of Oomponent Local Authorities, Second Schedule-Rules for the Oonduct of Elections by Oontributors.

1936. HOSPITALS. Hospitals Act. 15785 PART 1.- PRELIMINARY. Repeals and Savings. 2. (1.) *" The Hospitals Acts, 1923 to 1932," are Repeal of repealed. Such Acts are referred to in this subsection ~ ' - : s~ itals as the repealed Acts: Acts, 1923 to 1932." Provided as follows, but without prejudice to any of the provisions of t" The Acts Shortening Acts," and save as in this Act hereinafter provided :- (i.) All proceedings and things had or done and all Proceedings, by-laws lawfully made by the Board of an existing by·laws, &c. district under or in pursuance of the said repealed Acts shall be and continue to be of the same force and effect to all intents and purposes as if no such repeal had taken place, but such by-laws may be repealed or amended under this Act. Any proceeding or thing commenced by the Board under and in pursuance of the said repealed Acts and not completed prior to the commencement of this Act may be continued and completed as if no such repeal had taken place. (ii.) All precepts, rates, and other moneys which, Precepts, having accrued due, are at the commencement of this ~ ates, &c., Act due or payable to or leviable by the Board of an ue. existing district and/or Board and/or Local Authority, as the case may be, shall be and continue to be so due, payable, and leviable, and may be paid to and received, levied, and recovered by the Board and/or Local Authority, as the case may be, under the provisions of this Act. (iii.) All penalties and forfeitures imposed under the Penalties. said repealed Acts and incurred at the commencement of this Act shall and may be enforced as if this Act had not come into operation. (iv.) All rights, liabilities, contracts, and engage- Rights and ments of a Board or Local Authority existing at the liabilities, commencement of this Act shall be and continue to be &e. vested in, and shall attach to, and may be enforced by or against the Board or Local Authority, as the case may be. * 14 Geo. V. No. 44, 81lpra, page 10537; 19 Geo. V. ,No. 23, 8upra, page 12167; 20 Geo. V. No. 24, 8upra, page 12477; and 23 Geo. V. No. 26, 81lpra, page 14146. t 31 Vie. No. 6, supra, page 15 ; and 3 Edw. VII. No. 10. supra, page 21.

15786 PART 1.- PRELIMINARY. HOSPITALS. Hospitals Act. 1 GEO. VI. No. 4, Actions, &c. (v.) All actions and proceedings pending at the commencement of this Act by or against a Board or Local Authority may be carried on and prosecuted by or against the Board or Local Authority, as the case may be, and no such action or proceeding shall abate or be discontinued or prejudicially affected by anything in this Act contained. Rights of Treasurer. (vi.) All rights, powers, and authorities which, at the commencement ofthis Act, have accrued to the Treasurer under the said Acts may be exercised and enforced as if this Act had not come into operation. Rights of debenture· holders. (vii.) All rights, powers, and authorities which at the commencement of this Act have accrued to debenture- holders under the said repealed Acts may be enjoyed, exercised, and enforced as if this Act had not come into operation. Documents (viii.) All books and documents made evidence under emvaiddeence. the said Acts shall continue evidence to the same extent as if this Act had not been passed. App~ ca~ ion (2.) (i.) From and after the commencement of this ~ ~~ t:~m!nd Act every Hospital District and every Hospital Board Boards. duly constituted under and for the purposes of *" The Hospitals Acts, 1923 to 1932," and existing at the commencement of this Act shall be and be deemed to be respectively a district and a Board constituted under and for the purposes of this Act, and the chairman and members of any such Board holding office at the commencement of this Act shall be and be deemed to be respectively the chairman and members of such Board, and shall continue to hold office until the completion of the first triennial election and appointment of members under this Act unless the office of chairman or member is sooner vacated as hereinafter provided. Existing Boards. (ii.) Subject to this Act, the Board of every existing district shall consist of the number of members of which it consists at the commencement of this Act, and until the completion of the first triennial election and appointment of members under this Act the number of members appointed by the Governor in Council elected by the Local Authority or Local Authorities * 14 Geo. V. No. 44 and amending Acts. See annotation under subsection (1) of this section.

1936. HOSPITALS. Hospitals Act. 15787 PABTl.- PBELIMINABY. or groups of Local Authorities, as the case may be, and elected by the contributors (if any) to every hospital of the Board and duly in office at the commencement of this Act shall be the members of such Board. Casual vacancies shall until the first triennial election and appointment as aforesaid be filled in the manner provided in the repealed Acts. Definitions. 3. In this Act, unless the context otherwise indicates, Interprets. the following terms have the meanings set against them tion. respectively, that is to say :- " Area"-An Area of a Local Authority; Area. " Board "-The Hospitals Board constituted Board. under this Act for any district; " By-Iaws"-By-Iaws made under the authority of By-laws. this Act; " Chairman "-The chairman of the Board or Chairman. committee: the term, when necessary, includes the deputy chairman; " Clerk"-The clerk of a Local Authority or other Clerk. officer for the time being authorised to perform his duties; " Committee "-The governing body of any Committee. hospital to which Part IV. of this Act applies; " Component Local Authority" - Any Local Component Authority whose Area or part of whose ~ ~ ~ ~ ~ rity. Area is comprised within a district; " Contributor"-The term in relation to a hospital Contributor. within a district or, as the case may be, a voluntary hospital, means and includes- (a) A person not being under the age of twenty- one years who at any time, whether before or after the passing of this Act, has on his own behalf contributed to such hospital at least ten pounds in one donation, who shall be known as a " life contributor," or (b) A person not being under the age of twenty- one years who is a contributor to such hospital and has on his own behalf during the year contributed to such hospital not

15788 PART 1- PRELIMINARY. District. Hospital. HOSPITALS. HO' spita~ s Act. 1 GEO. VI. No. 4, less than one pound in one or more sums whether from weekly deductions from wages or otherwise, or (c) A person not being under the age of twenty- one years nominated as a contributor by any company, firm, or association which during the year has contributed to such hospital 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 not being under the age of twenty-one years nominated as a contri- butor or contributors by any association of employees which during the year has contributed to such hospital 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 such association: Provided that a person not being under the age of twenty-one years who at any time, whether before or after the passing of this Act, has on his own behalf contributed to a Queensland Ambulance Transport Brigade hospital at least five pounds in one donation, shall be known as a "life contributor" to the Queensland Ambulance Transport Brigade hospital concerned. 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 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"-The Hospitals District constituted by this Act; " Hospital" includes any premises for the reception and treatment of the sick;

HOSPITALS. 15789 1936. Hospitals Act. "Local Authority"-.The council of any City, Local . Town, or Shire the Area of which or part of Authority. the Area of which is comprised within a district: the term includes Brisbane City Council for the Area of the City of Brisbane constituted under *" The Oity of Brisbane Acts, 1924 to 1936" (or any Act amending the same); "Local Government' Act"-t"The Local Govern- Local ment Act of 1936" (and any Act amending Government or in substitution for that Act); A.ct. "Memberh-A member of a Board or committee; Member. "Minister "-The Secretary for Health and Home Minister. Affairs or other Minister of the Crown charged for the time being with the administration of this. Act; " Open to inspection " (used in reference to books, Open to documents, and writings belonging to or inspection. relating to the business of a Board or committee)-Open to inspection or for the making of any copy or extract at the office of the Board or committee at all reasonable times during office hours by any inhabitant of the district or, in the case of a committee, any contributor or creditor, or any person acting on behalf of any inhabitant, contri- butor, or creditor, without payment of any fee; . " Prescribed "-Prescribed by this Act ; Prescribed. " Regulations "-Regulations made under the Regulations. authority of this Act; ~ , Rule"-A rule made under the authority of this Rule. Act; "Secretary"-The manager or secretary of a Secretary. Board or committee or other officer for the time being authorised to perform the duties of secretary ; " This Act"-This Act and all Orders in Council, This Act. regulations, and by-laws made thereunder; " Voluntary hospital "-A hospital to which Part Volll!ltary IV. of this Act applies ; hospltal• ... 15 Geo. V. No. 32 and amending Acts, Bupra, pages 11140 et Beq. t 1 Geo. VI. No. 1, infra, page 16035.

15790 PART 1.- PRELIMmARY. HOSPITALS. H o'SpitaZs Act. 1 GEO. VI. No. 4, Year. " Year "-The period of time from and including the first day of July in one calendar year to and including the thirtieth day of June, in the next following calendar year. PARTII.- POWERS OF CEJ I ITRAL GOVERN· MENT. PART II.-POWERS OF CENTRAL GOVERNMENT. Inspector of Hospitals. ! ~ ~ ~ ~ t 4. (1.) The Governor in Council may on the Inspector recommendation of the Public Service Commissioner of Hospitals. appoint an Inspector of Hospitals. (2.) The duties of the Inspector of Hospitals shall be as follows ;- (a) To make inquiry into the administration and management of the Boards and committees at least once in every year; (b) To make such other inquiry or to discharge such other duties in relation to hospitals to which this Act applies, and whether hospitals within a district or voluntary hospitals, as are prescribed or as are required by the Minister. Medical Appointments. Certain 5. No appointment shall be made by a Board or atoppbleications committee of a medical superintendent or medical officer submitted to any hospital until the Board or committee concerned tGoenDeirraelc.tor. has by advertisement in some newspaper called applications for such vacancy and has submitted all applications received by it for such appointment to the Director-General for investigation by him and has received from the Director-General a report of hjs investigation. No action, suit, or other proceeding shall be commenced, prosecuted, or maintained against the Government of Queensland, or against any Minister of the Crown, or against the Director-General of Health and Medical Services, or against any Board or committee, or against any member or officer thereof, or against any member of the Public Service, or against any other person for or on account of any act, matter, or thing donp, or recommended to be done pursuant to this s.ection.

HOSPITALS. 15791 1936. Hospitals Act. Regulations. PARTII.- POWERS OF CENTRAL GOVERN- MFiNT. 6. The Governor in Council may from time to time General make regulations providing for all or any purposes, ~ ~ ~ r to whether general or to meet particular cases that may be regulations. convenient for the administration of this Act or that may be necessary or expedient to carry out the objects and purposes of this Act. Without limiting the generality of these provisions, regulations may be made for or in respect of all or any of the following matters and things :- Subject to this Act, on the recommendation of the Auditor-General, regulations with respect to all or any of the following matters, namely :- (a) The form and manner in which the annual budget shall be framed and the books of account of the Board or committee shall be kept; (b) The banking of moneys received by or on behalf of the Board or committee, and the authentication by the bank of deposits made therein by or on behalf of or to the credit of the Board or committee; (c) The duties of the auditor in connection with the audit and examination of the accounts; (d) Generally for the execution of sections twenty-one, twenty-two, and twenty-five of this Act. The regulations may prescribe forms and fees and fix a penalty not exceeding fifty pounds in any case for any breach thereof. Any regulation made or purporting to have been made under this Act shall be published in the Gazette, and shall upon publication be of the same force and effect as if it were enacted in this Act and shall be judicially noticed, and shall not be questioned in any proceedings whatsoever. The publication in the Gazette of any such regulation shall be conclusive evidence of the power and authority to make the same and of all matters therein contained. All regulations shall be laid before the Legislative To be laid Assembly within fourteen days after such publication, if ~ ~ r~ f: ment. Parliament is in session; or, if not, then within fourteen days after the commencement of the next session.

15792 HOSPITALS. PARTII.- POWERS OF CENTRAL Hospitals Act. 1 GEO. VI. No. 4, GOVERN- MENT. If Parliament passes a resolution disallowing any such regulation, of which resolution notice has been given at any time within fourteen sitting days of such House after such regulation has been laid before it, such regulation shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime. For the purpose of this section, the term" sitting days" shall mean days on which the House actually sits for the despatch of business. Any such regulation may be made on the passing of this Act. General power to make Proclama- tions and Orders in Council. Proclamations and Orders in Oouncil. 7. (1.) (i.) The Governor in Council may from time to time make all such Proclamations and Orders in Council as he thinks fit for the further or more effectually or particularly carrying out the objects and purposes of this Act, and for facilitating proof of any document or matter, and for extending periods of time, and for curing irregularities, and substituting new for lost or destroyed documents. (ii.) The generality of this subsection shall not be qualified or affected by any provision of this Act giving power to make Proclamations and Orders in Council with regard to any subject-matters in such provision specified. Publication (iii.) Every Proclamation and Order in Council ~ fo! ; ~ ~ dma- made under this Act shall be published in the Gazette. Orders in Council. (iv.) Where under this Act the Governor in Council has power to make any Proclamation or Order in Council, he shall have power to make one or more Proclamations or Orders in Council as appears to him necessary or expedient in the circumstances, and either at one and the same time or from time to time. Amending or (V.) The Governor in Council may by another o: ~ ~ ~ ~ fng Proclamation or Order in Council amend or rescind any Council, &c. Proclamation or Order in Council made under this Act. Misnomer, &c., not to prejudice. (vi.) No misnomer or inaccurate description or omission contained in any such Proclamation or Order in Council shall in any wise prevent or abridge the operation of this Act with respect to the subject of such description provided the same is designated so as to be understood.

HOSPITALS. 15793 PART II.- 1936. Hospitals Act. POWERS OF CENTRAL GOVERN- MENT. (vii.) No Proclamation or Order in Council purporting to be made under this Act, and being within the powers conferred on the Governor in Council, shall be deemed invalid on account of any non-compliance with any of the matters required by this Act as preliminary to the same. (viii.) All Proclamations and Orders in Council made or purporting to be made under this Act when published in the Gazette shall have the same force and effect as if they were enacted in this Act and shall be judicially noticed and shall not be questioned in any proceedings whatsoever, and such publication shall be conclusive evidence of the power and authority to make the Proclamation or Order in Council so published and of all matters contained therein. Repeal of By-laws. (2.) The Governor in Council may by Order in Repeal of Council repeal any by-law or part of a by-law, or any by-laws or rule, or part of a rule. rules. Suspension or Rescission of Resolutions. 8. (1.) The Governor in Council may at any time Suspension suspend or rescind any resolution of a Board or or rescission committee, or may prohibit the expenditure of any ~ ! solutions. moneys from the General Fund of such Board or from the funds of such committee, as the case may be, upon any work which he deems unnecessary. (2.) If, whether in pursuance of any resolution of a Board or committee, or otherwise, any payment of money has been made to any member out of the General Fund or other moneys under the control of such Board or out of the funds or other moneys under the control of such committee which the Governor in Council considers unnecessary, extravagant, or illegal, the Minister shall order'such member to repay such money to the Board or committee, as the case may be, forthwith or within such time as the Minister allows. If such meinber does not repay such money in pursuance of such order, the order may be made an order of the Supreme Court by filing a copy thereof in the office of the registrar of such court, and may be enforced accordingly.

15794 HOSPITALS. PART 11.- POWERS 01' CENTRAL GOVERN- MENT. Hospitals Act. 1 GEO. VI. No. 4, Oontrol of Voluntary Hospitals. Power to assume control of voluntary hospitals. 9. (1.) The Governor in Coun,cil may notify by Proclamation in the Gazette that the management of any hospital to which the provisions of Part IV. of this Act apply has been assumed by the Government. (2.) From and after the date of the publication of such Proclamation in the Gazette the powers of the committee of the hospital named in the said Proclamation shall cease and determine, and the Governor in Council may nominate and appoint fit persons to be a committee of management of the said hospital, or may appoint such medical and other officers to manage the said hospital as he may deem fit. Unautho· rised collections. Unauthorised Oollections. 10. (1.) From and after the commencement of this Act, it shall not be lawful- (a) For any person or association of persons or any other body, not being a Board as defined in this Act, to enga.ge or be in any way concerned in the treatment of the sick within any district constituted under and for the purposes of this Act with moneys raised partly or wholly by public contribution of any kind; (b) For any person or association of persons or any other body, not being a Board as defined in this Act, or a committee of a hospital to which Part IV. of this Act applies, to solicit or accept from the public any moneys by public contribution of any kind for the purpose of the treatment of the sick : Provided that this subsection shall not apply to any hospital established under *" The Friendly Societies Acts, 1913 to 1935," or by any religious organisation, or by any person or association of persons excepted froin the operation of this subsection by the Governor in Council. (2.) Any member of a Board or committee, or any authorised officer of a Board or committee, or any member of the Police Force may demand from any person or association or any other body collecting or receiving moneys, gifts, or contributions as hereinbefore * 4 Geo. V. No. 13 and amending Acts, 8upra, pages 5991 et 8eq.

HOSPITALS. 15795 PARTII.- 1936. Hospitals Act. POWERS 01' CENTRAL GOVERN' described from the public the production of his or their MENT. authority to collect or receive such moneys, gifts, or contributions of any kind, and any such person or association or other body which fails to pnoduce such authority upon demand as aforesaid shall be guilty of an offence against this Act. (3.) Any person committing a breach of the provisions' of this section shall, in the case of a person, be liable to a penalty not exceeding twenty pounds, or in the case of a corporation or company to a penalty not exceeding one hundred pounds. Returns by Board or Oommittee. 11. (1.) The Minister shall have power to require a Returns. Board or a committee to furnish from time to time such returns or information relating to matters under its jurisdiction as may be required for the purpose of statistical information or otherwise, and the Minister shall fix a -reasonable time within which the returns so required shall be furnished. The Inspector of Hospitals or any other person appointed by the Minister shall at any time have access to the books of such Board or committee, and may examine the same for the purpose of ascertaining if such returns or information are correct. Any Board or committee which neglects or refuses to furnish any return or information required by this subsection or makes a false return or furnishes false information, and every member of a Board or committee who causes or is privy to the neglect or refusal or to the making or furnishing of false information shall be liable to a penalty not exceeding fifty pounds, and any person who impedes or obstructs any inspector or person appointed by the Minister to perform any duty under this subsection shall be liable to a penalty not exceeding fifty pounds. If the secretary of a Board or committee causes or is privy to such neglect, refusal, or falsity he shall also be liable to a penalty not exceeding fifty pounds. (2.) The Minister may require the secretary of a Board or committee or other officer to whom the duty of compiling such information is delegated to furnish a statutory declaration that the contents of such sta~ ements are true and correct in every particular.

15796 HOSPITALS. PART III.-- HOSPITALS BOARDS AND DrSTRICTS- Hospitals Act. 1 GEO. VI. No. 4, Division 1- New Districts and o onstitution. PART IlL-HoSPITALS BOARDS AND DISTRICTS. Division l-New Districts and Constitution. New Districts and Boards. N 12. (1.) The Governor in Council may from time di::ncts and to time by Order in Council constitute any Area or Areas Boards. and/or any division or divisions of any Area or Areas and/or part or parts of any Area or Areas Itot included in any district under this Act to be a district and by such name as is specified in the Order in Council, and constitute a Board for such district as hereinafter provided. (2.) The Governor in Council may from time to time by Order in Council- (a) Abolish a district or districts and/or exclude part or parts of a district or districts from such district or districts, and constitute such abolished district or districts and/or such part or parts of a district or districts so excluded from such district or districts to be a district and by such name as is specified in the Order in Council, and constitute a Board for such district as herein- after provided; and (b) Transfer to and vest in such Board any organisation for the treatment of the sick within the district. (3.) The Governor in Council may from time to time by Order in Council- (a) Include in a district any contiguous Area or Areas or a division or divisions or part or parts of any contiguous Area or Areas which is or are not included in any district; and (b) Transfer to and vest in the Board of such district any organisation for the treatment of the sick in any such Area or Areas or part or parts of any such Area or Areas. (4.) The Governor in Council may from time to time by Order in Council- (a) A1;>olish a district or districts and join such district or districts, or join parts of such district or districts with another district or other districts; or

1936. HOSPITALS. 15797 Hospitals Act. PARTIII.- HOSPITALS BOARDS AND DISTRI(''TS- (b) Exclude part of a district from such district ~ . ivision l- and include such part so excluded in any D~ ~ri~tl1a. nd other district. Const~ tut' on. (5.) (i.) When an organisation for the treatment of the sick has been transferred to a Board under and in pursuance of this section every committee, or body of trustees, or other governing body of such organisation shall- (a) Where such transfer is to a new Board, then as and from the date when such new Board is duly constituted under subsection nine of section thirteen of this Act; or (b) Where such transfer is to an existing Board then as and from the date of such transfer,- be dissolved, and shall cease to exercise and perform any of the functions, powers, duties, and authorities which such committee or body of trustees or other governing body was authorised or entrusted to exercise apd perform, under Part IV. of this Act, or any other Act or otherwise, and shall cease to be subject to any of the liabilities to which such committee or body of trustees or other governing body had heretofore been subject, and all such functions, powers, duties, authorities, and liabilities, and all lands, premises, matters, and things vested in such committee or body of trustees or other governing body shall be transferred to, vest in, and devolve upon and be exercised and discharged by the Board. (ii.) All rules and regulations theretofore made by any such co~ mittee, governing body, or body of trustees, so dissolved as aforesaid 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 and in respect of the functions with respect to which they relate until the Board has made by-laws with respect to the matters thereby provided for, and thereafter shall be deemed to be repealed. (6.) (i.) When a district is abolished and such Case. of district is included in a newly constituted district or : ~ ~ ~ ~ ~ d joined to another district or other districts, the assets and liabilities of the district so abolished shall devolve upon the newly constituted district or, as the case

15798 HOSPITALS. PART III.- HOSPITALS BOARDS AND DrSTRICTS- Hospitals Act. 1 GEO. VI. No. 4, ' l/ ev~ sion 1- may be, the other district or districts to which the Distri? t~ a.nd district so abolished has been joined, and where in any Const,tutwn. such case I.t b ecomes necessary so to d 0, t he Governor I.n Council may by Order in Council declare and apportion the assets and liabilities of the abolished district between such other districts and in such manner as appears to him just. (ii.) When a part of a district is excluded from such district and is included in any other district, and in any such case it becomes necessary so to do, the Governor in Council may by Order in Council declare and apportion the assets and liabilities of the respective Boards, whether old or new, between them as appears to him just. (iii.) All precepts which have accrued due and which remain unpaid at the date of the exercise of any of the powers hereinbefore mentioned shall be and remain due, payable, and leviable, and may be paid to and received, recovered, and levied from the Local Authority or component Local Authorities concerned by the Board to which the Governor in Council has appor- tioned same in the manner hereinbefore provided in paragraph (i.) of this subsection. By-laws. (iv.) Subject as hereinafter provided, when the Governor in Council has abolished a district and included it in any other district or excluded part of a district from such district and included such part so excluded in any other district, all by-laws then in force in the district so abolished or part of a district so excluded, as the case may be, shall cease and have no effect whatsoever, and all by-laws in force in any other district in which such abolished district or such part of a district so excluded, as the case may be, is included shall become the by-laws of and remain in force in the district or part of a district so included in such other district until they are repealed or amended under this Act: Provided that the Board of a newly constituted district may by resolution adopt as the by-laws for the time being of such district the by-laws of any district which has been abolished and included in such district, or of any district part of which has been excluded from such district and included in the district of the newly constituted Board, and in any such case such by-laws

HOSPITALS. 15799 PABTIU.- 1936. Hospitals Act. HOSPITALS BOARDS AND - - - - - - - - - - - - - - - - - - - - - - - - DISTBIOTS- so adopted shall become and continue to be the by-laws Division 1- of such newly constituted district until the Board thereof K;; ' ~ricts and duly makes by-laws under and in pursuance of this Act. Constitution. (7.) (a) From and after the transfer to and vesting Propert~ ~ o in the Board of a district of all or any land, premises, ~ ~ : : d~ e ID matters, and things which relate to or concern the functions of such Board, all the estate, right, title, and interest of any committee, body of trustees, or other governing body in or appertaining to any land, premises, matter, or thing so transferred to and vested in such Board shall be divested from such committee, body of trustees, or other governing body, as the case may be, and shall vest in such Board. (b) All the estate and interest in or appertaining to any land, premises, matter, or thing, and all real or personal property (not being any land, premises, matter, or thing or any real or personal property conveyed, transferred, granted,devised, or bequeathed to or on behalf of a hospital established under *"The Friendly Societies Acts, 1913 to 1935," or established by any religious organisation or by a person or association of persons or other body excepted by the Governor in Council from the provisions of section ten of this Act), which may be conveyed, transferred, granted, devised, or bequeathed to or on behalf of any function with which. the Board is charged shall, notwith- standing any instrument to the contrary, be vested in the Board. (8.) (i.) The Registrar of Titles shall on application Registration made by or on behalf of the Board of a district in respect of mnds. of lands under t"The Real Property Acts, 1861 to 1887," transferred to and vested in the said Board register the said Board as registered proprietor of the lands concerned and, in the case of land of any less tenure than an estate in fee-simple, the authority charged with the registration of the instrument of title to the tenure of such lands shall on application as aforesaid register the Board as holder of the entire estate or interest in such lands,-and for that purpose shall issue any certificate of title, deed of grant, or instrument of title, and make such endorse- ment or endorsements, and make any such entry in the registers as may be necessary and proper for the purpo~ es of this subsection. * 4 Geo. V. No. 13 and amending Acts, supra, pages 5991 et seq. t 25 Vic. No. 14 and amending Acts, supra, pages 2984 et seq.

15800 HOSPITALS. PARTIII.- HOSPITALS BOARDS AND DISTQI~ . ' 8· - Hospitals Act. 1 GEO. VI. No. 4, fr~ v~ 8ion 1- (ii.) Every other person who has in his possession Distri~ t8 a:nd or control any property or assets of any such committee, Cons . tdutlon. b 0 dy 0 f t rust ees, or oth er governm. g b 0 dy wh l ' C h ~ ~ ~ of pursuant to this Act is transferred to and vested in the property. Board of a district shall and may without authority other than this Act do and execute all such acts, matters, and things as may be necessary to secure to the said lastmentioned Board all such property and assets, together with all and every the right, title, estate, and interest therein. No action to lie. (9.) No action, indictment, information, or other proceeding shall be commenced, presented, prosecuted, or maintained against the Government of Queensland, or the Minister, or the Registrar of Titles, or any Board or any committee, or any person or authority representing such Government, or any member of the Public Service, or any such committee, body of trustees, or other governing body, or against any trustee, secretary, or other officer thereof, or any other person for or in respect of the exercise or the purported exercise by the Governor in Council, or the Minister, or the Board, or any such committee, body of trustees, or other governing body, or other person or authority of any of the powers, privileges, rights, and authorities conferred and imposed upon or deemed to be conferred and imposed upon the Governor in Council, or the Minister, or a Board, or any such committee, body oftrustees, or other governing body, or other person or authority by virtue of this section. Saving of Habilities, &c. (10.) Subject to this Act, all property transferred to and vested in the Board shall be held by the Board for and upon the same trusts and purposes as at the time of its transfer to and 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. cEoofnneftoxrriacsctetimns, gent enter(eldI. ) inAtoll orceoxnetrcaucttesd, byagareneymternutsst,ee, ancodmmseitctuerei,tioesr &0. other body or person in relation to lands, premises, matters, a:ud things before such lands, premises, matters, and things have been transferred to and vested in the Board under this Act shall continue of full force

HOSPITALS. 15801 1936. Hospitals Act. PART III.- HOSPITALS BOARDS AND DISTRICTS- and effect and may be proceeded on and enforced as Division 1- near as circumstances will admit in favour of, by, and P; ~ ~ricts and against, and with reference to the Board. Constitution. (12.) Nothing in this section contained shall give Sa.ving. to any person any further or better remedy or right than he would have had if this Act had not been passed. Constit'Lltion of Boards. 13. (1.) Every Board shall consist of the chairman, Oonstitution who shall be a member by virtue of his office and, in of Boa.rds. addition, of the following members, that is to say- (a) Where there is no contributors' representative, four, six, or eight additional members as the Governor in Council from time to time by Order in Council declares; or (b) Where there is a contributors' representative, five, seven, or nine additional members as the Governor in Council from time to time by Order in Council declares. (2.) The members of the Board, including the chair- Members. man, shall be appointed or elected as follows :- (a) Where there is no contributors' representa- tive- (i.) The Governor in Council shall appoint the chairman, and shall, in addition appoint two, three, or. four members according as the Board consists of four, six, or eight members in addition to the chairman, (ii.) The component Local Authorities shall elect two, three, or four members according as the Board consists of four, six, or eight members in addition to the chairman, (b) Where there is a contributors' representative- (i.) The Governor in Council shall appoint the chairman, and shall in addition appoint two, three, or four members according as the Board consists of five, seven, or nine members in addition to the chairman, (ii.) The component Local Authorities shall elect two, three, or four members according as the Board consists of five, seven, or nine members in addition to the chairman,

15802 HOSPITALS. PARTIII.- HOSPITALS BOARDS AND DISTRIOTS- Hospitals Act. 1 GEO. VI. No. 4, Division 1- New Districts and Constitution. (iii.) The contributors to every hospital in the district shall elect one member. (3.) The members to be elected by the Local Authorities may be so elected by the component Local Authorities as a whole, or the Governor in Council may by Order in Council assign a member or members to any component Local Authority, or to any group of component Local Authorities: Provided that the number of members assigned to each of the several component Local Authorities or such group or groups of the component Local Authorities need not be the same. The members assigned to a component Local Authority or group of component Local Authorities shall be the representatives on the Board of such Local Authority or group of Local Authorities, and shall be elected by such Local Authority or group of Local Authorities. Assignment (4.) If at the end of any triennial period it appears ~ ~ member to the Governor in Council that the total amount received contributors. by the Board from contributors by way of contributions during such triennial period is not less than an amount which bears the same proportion to 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 as one bears to the number of members, including the chairman of the Board, for such triennial period, the Governor in Council may in his discretion by Order in Council assign an additional member to be elected by the contributors to the Board concerned and to the intent that, .subject as is hereinafter provided, from and after the making of such Order in Council the contributors to whom such additional member isassigned shall be and be deemed to be entitled to elect a member to the Board at each and every triennial election: Provided that, if at the end of any triennial period subsequent to the making of an Order in Council assigning an additional member to be elected by the contributors to a Board the amount received by such Board from its contributors fails to reach an amount which is not:ess than the proportion hereinbefore indicated in this subsection then, and in any such case,

HOSPITALS. 15803 1936. Hospitals Act. PARTIII.- HOSPl'rAUI BOARDS.Urn DISTBlCTB- the Governor in Council may rescind such Order in Dillision 1'- Council and, from and after such Order in Council ~ : ri6t8GfIII is so rescinded, the said contributors shall no longer be OonBtit-utlon. or be deemed to be entitled to elect a member at any subsequent election of members of the Board, and the number of members of any subsequent Board shall, unless otherwise declared by Order in Council, be the number, including the chairman, of which such Board consisted before a contributors' representative was assigned to it : Provided further, that nothing in this subsection contained shall prevent, or be deemed to prevent, the Governor in Council from declaring by Order in Council from time to time the number of members in addition to the chairman of which the Board shall COnSL'3t. For the purposes of this subsection each triennial period shall terminate on the thirty-first day of March immediately prior to the time for the triennial election, and moreover the period from the commencement of this Act to the thirty-first day of March prior to the first triennial election to be held under and in pursuance of this Act shall be deemed to be a triennial period. (5.) (i.) Every Hospitals Board shall by the name Hospitals of " The [Name o 'J f District] Hospitals Board " be a body a Bcooarrpdortl.ol. - be corporate with perpetual succession and a COIL.mon seal, tion. and shall be capable in law of suing and being sued, and of taking, 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. (ii.) The Board may with the consent of the Governor Leai1ing in Council let any lands vested in it or under its control, of landa. 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. (iii.) All courts, justices, and persons acting Seal of judicially shall take judicial notice of the seal of the Board. Board affixed to any document or notice and shall presume that· it was duly affixed. (iv.) The Board may and shall be entitled to accept Gif~ s, any gift, devise, or bequest of real or personal property, deVlSes, &c. and may unless the terms of such gift, devise, or bequest expressly provide to the contrary, sell and convert into money such property and apply the proceeds thereof as directed by the donor or testator.

15804 HOSPITALS. PART IIL- HOSPITALS BOARDS AND DISTRWTS- Hospitals Act. 1 Gm, VI. No. 4, Division 1- New Districts and Constitution, Qualification and Election of Elected Members. (6.) Any person, whether male or female, who is Qualifica- not under any of the disabilities hereinafter specified, tion for and in the case of .election by component Local emleecmtebder of Authorities as a whole is a member of any component Board. Local Authority, or in the case of election by one component Local Authority is a member of such Local Authority, or in the case of election by a group component Local Authorities is a member of any Local Authority comprised in such group, or in the case election by contributors is a contributor, shall be qualified to be nominated as a candidate and to be elected or appointed and to act as a member of the Board, but only so long as he continues to hold such qualification. Di"qualifi" cation, (7.) No person who- (i.) Is concerned or participates in the profit of any contract with the Board; or (ii.) Is an employee of any Board; or (iii.) Has his affairs under liquidation by arrange- ment with his creditors, or is an uncerti- ficated or undischarged bankrupt; or ' (iv.) Is undergoing a sentence of imprisonment, whether or not the execution of such sentence has been suspended under section six hundred a.nd fifty-six of *" The Oriminal Oode"; or (v.) Is an insane person within the meaning of the laws in force for the time being relating to insanity, shall be capable of being or continuing a member: Certain acts Provided that nothing herein shall disqualify any not to person from being or continuing a member solely because ~ ~;apacitate he is concerned or participated in a transaction with the membership. Board in respect of- (a) A lease, sale, or purchase of lands, or an agree- ment 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 *63 Vic" No. 9, Sch" supra., page 341.

HOSPITALS. 15805 O. 4, 1936. Hospitals Act. Nur Hos PITALS BOARDS AND DISTRICTS— oiceadisl, ( ( de) ) TAmahnceeyonsntwastlreoianrcoktafffgopoorurobtthdlhiesecptjBouooboularrinrctdhaalet; i b opo o ner n ro a fof fi ra d md e vaeninrcteitshoee- f DD C N o iiesv n wtirs s ii t co it tn u s t 1a i — o n n d . ent ordinary course of business and not pursuant one to any written contract, and not exceeding cal the sum or value of one hundred pounds in of any one year. cal of (8.) (i.) Subject to this Act, every member shall Tofefnicuereofof be hold office for three years. members. thbee (ii.) The office of a member shall— uch (a) Commence on the day of his election or appointment thereto; (b) Become vacant at the conclusion of the next triennial election under this Act unless sooner of vacated as hereinafter provided. (iii.) Whenever at the triennial election a poll has rgtei- - brsehetaculorlmnnioentgubnoenfefeinccteeistrlsehadraystoidnauclryet sadpseemcclteaomrefbdaenhryiumncattinoldtbhideeaectleoe, ncactneludds,itohhnee nt, of that election. necde vacat(eidv— .) The office of a member of a Board shall be i W s h v e ac n a nt. or (a) If he is or has become disqualified, or has he ceased to be qualified, under the provisions to of this Act; or (b) If, without leave obtained from the Board in that behalf, he has been absent from three or unsye movoerreacopnesreiocudtiovfethorrdeeinmaroynmthesetaint gthseexleteanstd;inogr • he (c) If he is ousted from his office by the Supreme Court; or ee- (d) If he ceases for any reason to hold office before the day on which the office would ny ordinarily become vacant: ed the tPimroevaidneddptlhaactetahpepnooinnt-eadttefonrdaanncoerodfinaar m y e m m e b e e t r in a g t N cao o n n ue - e a nt t n t o e ti n te d os - s ch shall not be deemed to constitute absence from such meeting meeting unless a meeting of the Board at which a4retrilY quorum is present is actually held on that day:

15806 HOSPITALS. PART III.— HOSPITALS BOARDS AND DISTRIDTS— Hospitals Act. 1 GEO. VI. No. 4, Division 1— Provided further, that the attendance of a member DNieswtricts and at the time and place appointed for an ordinary meeting Constitution. shall be deemed to constitute presence at an ordinary Attendance meeting notwithstanding that by reason that no quorum amteleatpinsge.d is present no meeting is actually held on that day; and the secretary shall enter in the minute-book the names of all members who so attend. Disqualified - (v.) If a member before he is capable of acting as person acting. such, or after his office has become vacated, acts or continues to act as member knowing that he is not capable, or that his office has become vacated, he shall be liable to a penalty not exceeding fifty pounds. Resignation (vi.) Any member may resign his office by writing mofember. under his hand addressed to the secretary, and such resignation shall be complete and shall take effect from the time when it is received by the secretary. First (9.) (i.) The first election and appointment of ealpepcotiionntmanendt members of the Board of a district constituted after the of members commencement of this Act shall be made as soon as may of Board. be after the date of the Order in Council constituting the district. (ii.) The Governor in Council shall declare and direct the time and place of the first election of the Board and shall appoint the returning officer, who shall report to the Minister the names of the persons elected. The rules, forms, and directions contained in the First Schedule shall, so far as the same are applicable and with such modifications thereof or additions thereto as the Governor in Council may by Order in Council direct so as to make the same conformable with the purposes of this Act and the circumstances, regulate the proceedings in relation to a first election held in pursuance of this Act. (iii.) The Governor in Council shall cause the names of the first members of each Board to be published in the Gazette, and thereupon such Board shall be deemed to be duly constituted. (iv.) Subject to this Act, every member whose name is so published in the Gazette shall hold office until the conclusion of the next ensuing triennial election and appointment of members. 19 he th on th m th Fi th el pu A he th no da G a or L th to to th of re qu w ou

. No. 4, mber eeting inary orum ; and mes of ng as cts or s not shall riting such from nt of er the may ng the e and Board eport First with s the ct so es of dings this ames - ed in med hose until n and HOSPITALS. 15807 1936. Hospitals Act. PART III.-- HOSPITALS BOARDS AND DISTRICTS— The office of every such member shall— Division 1— . New (a) Cthoem G m a e ze n tt c e eoofnhtihs enadmaye;of the publication in DCisotnrsictittsutainodn. (b) Become vacant at the conclusion of the next triennial election and appointment of members under this Act unless sooner vacated as hereinbefore provided. held(o10n. ) orTbheefotrrieenthneialal setledcatyioonf oMfamyeinmtbheersyesahralolnbeeme T l r e eiemtnibn°eniraslo. f thousand nine hundred and thirty-nine, and thereafter on or before the last day of May in every third year as the returning officer appoints: Provided, however, that the Governor in Council may in extraordinary circumstances extend the time for the holding of the triennial election in any district. • First(S11c.h)edTuhleertuoletsh,isfoArmcts,shanaldl daisretoctaiollnsmcaotntetrasinteodwinhitchhe i Ej v lpeercsetion ta of tehleeycteioxtnesndbyreaguglraoteutpheofprLooceceadl iAngusthinorreitliaetsiohnetlodthine g cL or o om c u a pp l oonfent pursuance of this Act. .Authorities. In the case of elections by a component Local Election by Authority not included in a group, the election shall be , o e me: lonent held at a meeting of the Local Authority convened for Authority the purpose. not included • in group. In the event of any component Local Authority not having completed such election on or before the last day prescribed for the holding of triennial elections, the Governor in Council may appoint a qualified person or a sufficient number of such persons to fill the vacancy or vacancies which ought to have been filled by such Local Authority. (12.) The rules, forms, and directions contained in the Second Schedule to this Act shall as to all matters to which they extend regulate the proceedings in relation to the elections by contributors held in pursuance of this Act. (13.) If at any time a vacancy arises in the office Casual of chairman or member from any cause except triennial Vacancies. retirement, the Governor in Council shall appoint some qualified 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.

15808 HOSPITALS. •PART II/ — HOSPITALS BOARDS AND DISTRICTS Hospitals Act. 1 GEO. VI. NO. 4, DDNieviwsistironic1at—ns d st and( 1in4g.) tAhadt ualtyacnoynstitmituetetdheBreoamrdasyhbalel, aavndacnaontcwyitohr- Constitution. vacancies in the membership thereof or a defect in the VBoalairddast.ion of eolretchtaiot na omreampbpeorinotrmmenemt obfearsmtheemreboefriosromr aerme bdeisrqs uthaleirfeieodf or refuses or refuse to act, continue in existence and be and be deemed to be at all times a Board duly constituted under and for the purposes of this Act. Duties of chairman. Chairman. 14. (1.) The chairman shall give effect to any by-law, rule, regulation, or minute or report which has been passed or adopted by the Board. Suspension. The chairman may at any time suspend from office any offices who in his opinion is guilty of mis- conduct or neglect, and may if necessary temporarily appoint another officer in his place: Provided that, without prejudice to the power of the chairman under this subsection, a Board may by by-law appoint any officer to exercise the power of suspension conferred upon the chairman under this subsection, and either generally or in respect of any class or classes of officers: Provided that, at the next meeting of the Board after such suspension, the chairman or officer appointed by by-law in that behalf shall report the matter to the Board; and if the officer so suspended is dismissed by the Board no salary or allowances shall be due or be paid to him from the date of his suspension. Every officer so temporarily appointed shall hold office and receive remuneration (which shall in no case exceed that paid to 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. (2.) The Board shall, at its first meeting held after the constitution of the Board, and thereafter at its first meeting held after every triennial election, appoint one of its members to be deputy chairman. Deputy (3.) The deputy chairman shall act as chairman chairman. during any temporary absence of the chairman from the district or from any meeting by reason of ill-health or t d p t c a s B n o e s p m m

o. 4, ith- or the eof fied be ted aw, een om mis- rily the law ion on, ses ard ted the by paid old ase ntil hall da fter irst one man the h or HOSPITALS. 15869 1936. Hospitals Act. PART III:— HOSPITALS BOARDS AND DISTRICTS— otherwise or when requested by the chairman to act for Division 1— • ahlilmth, eanddutsiheas, llrewshpeonnsaicbtiilnitgieass, acnhdaiprmowanerhsaovfethaendcheaxiermrcaisne. C D— on - s r t i i c tu ts ti a o n n d . (4.) If the chairman and the deputy chairman are =nail both absent from any meeting of the Board, the members and deputy present shall elect a member to be acting chairman of thrrabr the meeting. acting chairman. (5.) The Board may grant an allowance to the chairman from the General Fund. During such time as the chairman is prevented by absence, illness, or otherwise from performing the duties of the office of chairman, the Board may grant an allowance to the deputy chairman, and any such • allowance to the deputy chairman shall, unless the Board by resolution otherwise determines, be deducted from the corresponding allowance to the chairman. Division 2—Proceedings. Meetings. Division 2— Proceed- ings. 15. (1.) (i.) The Board of every newly constituted First district shall hold its first meeting at some convenient meeting' place within the district on the first Wednesday after the constitution of the Board, or as soon afterwards as conveniently may be, at the hour of twelve o'clock noon. (ii.) Thereafter in every district on the third day after the conclusion of every triennial election, or on such other day as may be appointed by the by-laws, the Board shall hold a meeting at the hour of twelve o'clock noon or at such hour as may be appointed by the by-laws. or oth( ieiir. w) iTsehethBe otiamrdesshaat lwl hhiacvhempeoewtienrgtsosfhiaxllbbyebhye-llda: ws MBoeaetridn.gs of Provided that the Board shall meet at least once in each month. Every meeting other than a meeting of a Board sitting in a committee of the whole shall be open to the public. (2.) No business shall be transacted at any Quorum ; meeting unless a majority of the whole number of voting' members are present when such business is transacted.

15810 HOSPITALS. PART III. — HOSPITALS BOARDS AND DISTRICTS— Hospitals Act. 1 GEO. VI. No. 4, Division %— All powers vested in the Board may be exercised by Proceedings. the majority of the members present at any meeting duly held, and all questions shall be decided by a majority and by open voting. Chairman's Upon every question the chairman shall have a vote, casting vote, and if the numbers are equally divided he shall have a second or casting vote. At all meetings, save as by this Act is otherwise provided, all members present shall vote. If a member refuses to vote, his vote shall be counted for the negative. Disability of (3.) (i.) If a member of a Board has any pecuniary Bmfooeramvrdboetirnsgof icnotnetrreasct, t doirreoctht eorrminadtitreerc, ta, nidn iasnpyrecsoenntrtaacttaomr pereotipnogseodf on account the Board at which the contract or proposed contract or oinf cinotnetrreasctts, other matter is the subject for consideration, he shall &O. at the meeting, as soon as practicable after the commence- ment thereof, disclose the fact, and shall not take part in the consideration or discussion of, or vote on any question with respect to, the contract or proposed contract or other matter: Provided that this subsection shall not apply to an interest in a contract or proposed contract or other matter which a member may have as an inhabitant of the district or as a member of a contributing benefit scheme in any matter relating to the terms on which the right to participate in any service of the Board is offered to the public. (ii.) For the purposes of this subsection a person shall (subject as hereafter in this subsection provided) be treated as having indirectly a pecuniary interest in a contract or proposed contract or other matter if— (a) He or any nominee of his is ,a member of a company or other body with which the contract is Made or is proposed to be made, or which has a direct pecuniary interest in the other matter under consideration; or (b) He is a partner or is in the employment of a person with whom the contract is made or is proposed to be made, or who has a direct pecuniary interest in the other matter under consideration: 1936. P ( the in be de an int ( secre he or specif is a p shall to be propo comp the su ( for the parag under open memb (v of pa offen excee know in wh consid (v Board may t by thi memb be so transa

HOSPITALS. 15811 1936. Hospitals Act. PARTITI.- HOSPITALS BOARDS AND DISTRwrs- Provided that- Division~- Proceedings. (a) This subsection shall not apply to membership of or employment under any public body; (b) A member of a company or other body shall not by reason only of his membership be treated as being so interested if he has no beneficial interest in any shares or stock of that company or other body. (iii.) In the case of married persons living together, the interest of one spouse shall if known to the other be deemed for the purposes of this subsection to be also an interest of that other spouse. (iv.) A general notice given in writing to the secretary by a member of the Board to the effect that he or his spouse is a member or in the employment of a specified company or other body, or that he or his spouse is a partner or in the employment of a specified person, shall unless and until the notice is withdrawn be deemed to be a sufficient disclosure of his interest in any contract, proposed contract, or other matter relating to that company or other body, or to that person which may be the subject of consideration after the date of the notice. (v.) The secretary shall record in a book to be kept for the purpose particulars of any disclosure made under paragraph (i.) of this subsection and of any notice given under paragraph (iv.) thereof, and the book shall be open at all reasonable hours to the inspection of any member of the Board. (vi.) If any person fails to comply with the provisions of paragraph (i.) of this subsection, he shall for each offence be liable on summary conviction to a fine not exceeding fifty pounds unless he proves that he did not know that a contract, proposed contract, or other matter in which he had a pecuniary interest was the subject of consideration at the meeting. (vii.) The Minister, as respects a member of any Board, may, subject to such conditions as the Minister may think fit to impose, remove any disability imposed by this subsection in any case in which the number of members of the Board so disabled at anyone time would be so great a proportion of the whole as to impede the transaction of business, or in any other case in which it

15812 HOSPITALS. PART III.- HOSPITALS BOARDS AND DISTRICTS- Hospitals Act. 1 GEO. VI. No. 4, Division 2- appears to the Minister that it is in the interests of the Proceedings. inhabitants of the district that the disability should be removed. (viii.) A Board may by resolution provide for the exclusion of a member of the Board from a meeting of the Board whilst any contract, proposed contract, or other matter in which he has such an interest as aforesaid is under consideration. Adjourn- ment of meeting. (4.) 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 fourteen days from the date of such adjournment: Provided that nothing herein 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. Notices of meetings. (5.) All notices of any meeting or adjourned meeting of the Board (other than of a meeting adjourned to a later hour of the same day on which such meeting was held or was appointed to be held, or to the day or second day following the day on which such meeting was held or was appointed to be held) shall be in writing, and shall be delivered or sent by post or otherwise to the usual place of business (if any) within the district or to the place of abode of each of the members two days at least 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. Resolutions: (6.) A resolution of the Board shall not be revoked how revoked or altered unless notice of the intention to propose such or altered. revocat'IOn or aIteratI'On I.S gI.ven t 0 each 0 f the members seven days at the least before holding the meeting ut which the revocation or alteration is to be proposed.

HOSPITALS. 15818 1936. Hospitals Act. ~ - -- - -- PARTIII.- HOSPITALS BOARDS AND DISTRlCTS- If the number of members present at that meeting Divisio, : / ~ is not greater than the number present when the Procee tnys. resolution was adopted, the resolution shall not be revoked or altered unless the revocation or alteration is determined upon by an absolute majority of all the members. Committees. 16. The Board may from time to time- Committees and quorum. (i.) Appoint out of its number committees either for 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 members to be chairman thereof. Every committee shall report to the Board. 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 of members (if any) fixed by the Board, and, if no quorum is fixed, two members at the least are present. At all meetings of a committee if the chairman is not present one of the members present shall be appointed chairman of such committee during the absence of the chairman. All questions shall be determined by a majority of the votes of the members present, including the chairman, and, if the numbers ar~ equally divided, he shall have a second or casting vote. Records. 17. (i.) The Board shall cause minutes of all the Minutes. of proceedings of the Board, and of every committee proeeedmgs. 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 recorded from time to time in minute-books to be provided for the purpose, which shall be kept by the secretary under the superintendence of the chairman.

15814 HOSPITALS. PART III.- HOSPITALS BOARDS AND DISTR!2TS- Hospitals Act. 1 GEO. VI. No. 4, r; :; ~ ~~ dfn- ;;s. The minutes of each meeting shall be signed after confirmation by the Board by the chairman at the meeting next succeeding the meeting at which such proceedings have taken place. Tobeopen to inspection. (2.) Such minute-books shall be open to inspection. Any person having the custody of any such minute- book who fails to permit such inspection shall be liable to a penalty not exceeding five pounds. Safe custody (3.) The secretary shall be responsible for the safe of books, &c. custody of the minute-books and all books of account, agreements, receipts, vouchers, and other books, papers, correspondence, and writings belonging to or 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 destroy or mutilate any of them without his sanction in writing previously obtained. All such books, documents, papers, correspondence, and writings which are not by this Act declared to be open to inspection shall nevertheless be open to inspection by any member. Any person having the custody of any such books, documents, paper, correspondence, or writing who fails to permit such inspection shall be liable to a penalty not exceeding five pounds. Loss or destruction of records. (4.) Whenever any valuation, return, voters' roll, book of account, agreement, receipt, voucher, or other paper or writing belonging to or relating to the business of a Board is destroyed or lost, the Governor in Council may by Order in Council direct all such acts and things to be done as he thinks best for repairing the loss, and may declare any copy of any such book, valuation, return, roll, agreement, receipt, voucher, or other paper or writing to be valid and effectual for all purposes, and may if necessary define the time during which such copy shall remain in force. dCeonrcree. spon. addre( 5s. s)ed (i. t ) o Cthoerrseescproentadreyn.ce with the Board shall be (ii.) The Board may decide whether or not corres- pondence shall be read by the secretary.

HOSPITALS. 15815 1936. Hospitals Act. PARTIII.- HOSPITALS BOARDS AND DISTRICTS- Officers. Division ~ ­ Proceedzngs. 18. (1.) The Board from time to time shall appoint Appoint- a secretary, and may appoint a superintendent or ment of manager and such other officers, and may employ such officers. number of persons as the Board may deem necessary for the exercise and performance of its functions under this Act or any other Act. The Board may pay to its officers and employees, out of the General Fund, such salaries, wages, and allowances as the Board may determine or as may be fixed by an award made by the Industrial Court pursuant to *" The Industrial Conciliation and Arbitration Acts, 1932 to 1935" (or any Act amending or in substitution for the same), or by an award pursuant to tThe Commonwealth Conciliation and Arbitration Acts, 1904 to 1934 (or any Act amending or in substitution for the same). (2.) Within three months after the appointment ofSffiecurity by any 0 fficer entrustedby a Board W'Ith ht e custody or eonctreurssted control of moneys by virtue of his office, the Board with shall take sufficient security from some association or moneys. company carrying on in Queensland the business of a guarantee society for the faithful execution of such office by such officer; and if upon the expiration of that period such security has not been taken, the office of such officer shall forthwith be vacated. (3.) (i.) If it comes to the knowledge of an officer Disclosure employed, whether under this Act or any other bi . o~ ~ : ~ : enactment, by a Board that a contract in which he has in : n~ racts_ any pecuniary interest, whether direct or indirect (not being a contract to which he is himself a party) has been, or is proposed to be, entered into by the Board or any committee thereof, he shall as soon as practicable give notice in writing to the Board of the fact that he is interested therein. For the purposes of this paragraph (i.) of this subsection an officer shall be treated as having indirectly a pecuniary interest in a contract or proposed contract if he would have been so treated by virtue of paragraphs (ii.) or (iii.) of subsection three of section fifteen of this Act had he been a member of the Board. ... 23 Geo. V. No. 36 and amending Acts, supra, pages 14266 et se'!. t Commonwealth Act No. 13 of 1904 and amending Acts. F

15816 . HOSPl'fALS. PART IIL- HOSPITALS BOARDS AND DISTRICTS- Hospitals Act. 1 GEO. VI. No. 4, flivision2- (ii.) An officer of a Board shall not, under cover of Proceedings. his office or employment, exact or accept any fee or reward whatsoever other than his proper remuneration. (ill.) If any person fails to comply with the provisions of paragraph (i.) or contravenes any of the provisions of paragraph (ii.) of this subsection, he shall for each offence be liable on summary conviction to a fine not exceeding fifty pounds. Officers (4.) Every officer or servant employed by a Board eaxccaecptitninggor who exacts or accepts, on account of anything done by fees. virtue of his office or in relation to any matters to be done under this Act or any other Act whereby powers or duties are conferred or imposed upon the Board, any fee or reward other than the salary or allowance allowed by the Board, or who is in any wise concerned or interested in any bargain or contract made by the Board shall, in addition to any other penalty incurred by him under this Act; be incapable of being afterwards employed by any Board for a period of five years. 'Officers (5.) If any officer fails, when required by the Board fraeinlidnegr to so to do- accounts or (i.) To render accounts of any moneys received by to pay balance and him for or on behalf of the Board and of his deliver over dealings therewith; or property. (ii.) To produce and deliver up the vouchers and receipts 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 execution of this Act or belonging to the Board, any two justices may upon complaint hear and determine the matter in a summary way, and may order such 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, pro- perty, matters, and things, and to pay the costs of the proceedings.

HOSPITALS. 15817 1936. H ospitaZs Act. PARTIII.- HOSPITALS BOARDS AND DISTRIC1'8-- If such officer neglects or refuses to obey • such order, D p i r v O is c i e o f n ( l m 2 y - s. he may, by any justice, be committed to prIson for any period not exceeding six months. (6.) If any officer has- Officers answerable (i.) Misapplied or retained or become liable or for. accountable for any moneys or property of : ~ hgence the Board; or misieasance. (ii.) Has exacted or accepted, on account of any- thing done by virtue of his office or in relation to any matters to be done under this Act or any other Act whereby powers or duties are conferred or imposed upon the Board, any fee or reward other than the salary or allow- ance allowed by the Board, or has been or is in any wise concerned or interested in any bargain or- contract made by the Board; or (iii.) Has been guilty of any neglect, breach of duty, or misfeasance in the discharge of his office or in relation to any matters to be done under this Act or such other Act as aforesaid, a judge of the Supreme Court may on the plaint of the Board inquire into the conduct of such officer, and may order him to repay any moneys or restore any property so misapplied or retained, or for which he has become liable or accountable, together with interest at such rate as the judge thinks just, and to pay such sum of money to the Board by way of penalty or compensation as the judge thinks fit. Such inquiry shall be deemed to be and have the effect of the trial of an action in the Supreme Court for all purposes and (without limiting the generality of these provisions) including the conduct of such inquiry, the right to a jury, and the enforcement of the finding of the judge thereon; and all Acts and Rules' of Court relating to actions in the Supreme Court shall, mutatis mutandis, apply and extend herein accordingly. It shall not be an answer to any such plaint as aforesaid to plead that the conduct of the officer concerned constituted an offence punishable in a summary way under *"The Justices Acts, 1886 to 1932," but in ordering 50 Vie. No. 17 and amending Acts, supra, pages 1132 et seq.

15818 PART IlI.- HOSPITALS BOARDS AND DrSTRICTS- HOSPITALS. I Hospitals Act. 1 GEO. VI. No. 4, ] P ) r iT oc is e i e o d n in 2 g - 8. any sum to be paid to the Board by way of penalty the judge may take into consideration any penalty imposed upon such officer by a court of summary jurisdiction. Proceedings (7.) All proceedings under this Act against an mtakaeynbeafter officer may be had and taken and enforced against such officer has officer after he has ceased to hold his office. left office, and without prejudice to No such proceedings against an officer shall deprive remedy the Board of any remedy which it might otherwise have saugraeitniests. against any surety of such officer. Dit;.,ion 3- Public Office. Public office. Division 3-Public Office. Pubric Office of Board. 19. The Board may from time to time provide and maintain, or contract for the use of, a public office within the district, with proper fittings and furniture, for holding the meetings and transacting the business of the Board, and for the use of its officers, and for other purposes. Division J- Contracts. Division 4-Contracts. How contracts maybe entered into. 20. (1.) A Board may enter into contracts, and every such contract may be made, varied, or discharged as follows, that is to sa,Y- (i.) Any contract which, if made between private persons, would by law be required to be in writing and under seal, may be made by the Board in writing and under its seal, and may be varied or discharged in the same manner; (ii.) Any contract which, if made between private persons, would by law be required to be in writing signed by the parties to be charged therewith, may be made in writing signed by the chairman, or by any two members acting by the direction and on behalf of the Board, and may be varied or discharged in the same manner; (iii.) Any contract which, if made between private persons, would by law be valid, although not reduced into writing, may be made without writing by the chairman or by any two members acting by the direction and on behalf of the Board, and may be varied or discharged in the same manner.

HOSPITALS, 15819 1936. Hospitals Act. PART nI.- HOSPITALS BOARDS AND DrSTRICTS- (2.) Subject as is hereinafter provided, all contracts Di~ ision #- made accordm· g t 0 the provI.sI.ons her· eln conta·med Contracts. shall be effectual in law and shall be binding on suc~ t the Board and all other parties thereto, their ~ ~ ~ dr~ ~ . s successors, executors, or administrators, as the case may be; and in case of default in the execution of any such contract either by the Board or by any other party thereto such actions may be maintained thereon and such damages and costs recovered by or against the Board or the other parties failing in the execution thereof as might have been maintained and recovered if the same contracts had been made between private persons only. (3.) Notwithstanding anything contained in this Restric.tion Act or in any other Act, or law, or rule, or process of ~~~ h~~ ~e. law to the contrary, a Board shall be prohibited from and time- entering into any contract of the following nature, ~~K::~ ~. namely;- (a) A hire-purchase agreement within the meaning of *"The Hire-purchase Agreement Acts, 1933 to 1934 " (or any Act amending the same) ; (b) A contract of sale whereby the payment by the Board for any plant, goods, material, or other property is spread over a period of time whereby such payment may be made by way of instalments, and notwithstanding that the property in such plant, goods, materials, or other property shall at the date of the contract of sale or any subsequent date pass to the Board; (c) A contract of the sale of land whereby payment by the Board for such land is spread over a period of time whereby such payment may be made by way of instalments, and notwithstanding that the title to the land shall at the date of the contract or any subsequent date pass to the Board; (d) In respect to the carrying-out for and on behalf of the Board by any person of any works or undertakings (other than works carried out by means of loans pursuant to this Act) a contract whereby the payment by the Board for the carrying-out of such * 24 Geo. v. No. 9 as amended by section 26 of 25 Geo. V. No. 33, supra, pages 14602 and 15053.

15820 HOSPITALS. PARTIII.- HOSPITALS BOARDS AND DISTBICTS- Division ~- Contracts. Hospitals Act. 1 GEO. VI. No. 4, works or undertakings shall be spread over a period of time whereby such payments may be made by the Board by way of instalments: Provided that nothing in this paragraph (d) shall prohibit a Board from making any payment by way of a progress payment in . respect of the part performance of any contract otherwise lawful under this Act, and notwithstanding that the carrying-out of the work under any such contract extended beyond one year. Any such contract made contrary to the provisions of this section shall be absolutely void and of none effect. And if a Board having entered into any such contract of the nature aforesaid pays in respect of such contract any money, all the members who consented to the contract shall be jointly and severally liable to repay the same to the Board, and the same may be recovered from such members or any of them as money due and owing by such members to the Board by action in any court of competent jurisdiction. Composition (4.) A Board may, for such sum of money or other fborer aches of consideration as it thinks fit, compound with any person contracts, who has entered into any contract with the Board &c. (other than a contract which is absolutely void and of none effect under this Act) or by or against whom any action or other proceeding may be or has been brought against or by the Board for any cause whatsoever. Notice calling for proposals. (5.) Except in cases of emergency, before any contract for the execution of any work or the furnishing of any goods or materials to the amount of one hundred pounds or upwards is entered into by a Board, three week's notice at the least of the intention of the Board to make the contract shall be published and tenders invited by such notice being published in such newspaper or newspapers and in such other manner and to such extent as will ensure that the Board will receive the greatest number of tenders. The Board may accept the proposal which on a view of all the circumstances appears to it to be most advantageous, and may take security for the due per- formance of every such contract, or the Board may decline to accept any such proposal.

1936. HOSPITALS. Hospitals Act. 15841 PARTIV.- VOLUNTARY HOSPITALs. members of the committee concerned, and shall continue to hold office until the completion of the first triennial election and appointment of members as hereinafter provided. (4.) Subject to this Act, the committee of every existing hospital hereinbefore mentioned in subsection three of this section shall consist of the number of members of which it consists at the commencement of this Act, and until the. completion of the first triennial election and appointment of members under this Act the number of members duly in office at the commence- ment of this Act shall be the members of such committee, and casual vacancies shall until the first triennial election and appointment as aforesaid be filled in the manner provided in the ru]es of the hospital concerned. 29. (1.) Every committee shall consist of the Constitution number of members declared from time to time in the ~ !mmittees. rules: Provided that it shall be lawful for the Governor in Council to appoint such one or more member or members of the committee of such hospital as he may from time to time determine, and in any such case the remainder shall be elected in the manner provided by the rules. (2.) Every committee shall by the name of " The Committee [Name of H08pital] Hospital Committee" be a body : ~ r~ ~ : a~ : : corporate with perpetual succession and a common seal which shall be judicially noticed and shall be capable in law of suing and being sued: Provided that except as hereinafter provided no committee either in its corporate capacity or otherwise shall have any power to purchase, hold, or alienate land: Provided further, that any committee may as such corporation aforesaid be appointed a trustee under and in pursuance of *" The Land Act8, 1910 to 1936," for any reserve for hospital purposes. 30. (1.) The members of the committee shall be 81ection of elected by the contributors to the hospital for which members. 8uch committee is to be elected. ... 1 Geo. V. No. 15 and amending Acts, 8upra, pages 877 et 8eq. \

15842 HOSPITALS. PAnT IV.- VOLUNTARY HOSPITALS. Hospitals Act. - - - ~~ - ~~ - ~- - -- ~ -- - -- - -- - -~ ~ ~~ - 1 GEO. VI. No. 4, The chairman, deputy chairman, and other officers (if any) of the committee shall not be elected, but shall be appointed by such committee from its members. The committee shall appoint a chairman and a deputy chairman, and may appoint such office bearers. as it thinks fit. (2.) Casual vacancies on any committee may be filled by such committee except in the case of a repre- sentative or representatives appointed by the Governor in Council, when such vacancy or vacancies may be filled by the Governor in Council. Qmofueeamlleibfceitcreasd.tion contr(i3b. ) utAorn, ysphearllsobn, e wqhueatlhifeier dmtaole boer fneommailen, atwedhoaiss aa candidate and to be elected or appointed and to act as a member of a committee, but only so long as he or she continues to hold such qualification. (4.) The disqualification for membership on a committee shall be as set forth in *subsection five of section thirteen of this Act, which subsection shall for the purposes of this subsection be read and construed as if the word" committee" were substituted therein for the word " Board" where such lastmentioned word occurs. Application (5.) Subsection three of section fifteen of this Act of s. 15 (3). shall apply to members of a committee elected by contributors. Triennial election. (6.) In every hospital under this Part of this Act a triennial election of members shall be held on or before the twenty-fourth day of May in the year one thousand nine hundred and thirty-seven, and thereafter on or before the twenty-fourth day of May in every third year as the returning officer appoints. Rules 88 to (7.) The rules, forms, and directions contained in elections. Schedule n. the Second Schedule to this Act shall as to all matters to which they extend regulate the proceedings in relation to the election of members of the committee by contributors held in pursuance of this Part of this Act. Application 31. (1.) The provisions of subsections seven and ~ ~ S.S. {4 ~ o eight of section thirteen and of sections fourteen to an' dl~ ~ . ' 1s: ~ e, twenty, both inclusive, of this Act shall apply to every ; \ : ~ dl5 hospital under this Part of this Act and to the committee o IS art. thereof, and to the chairman, and every member of such * Sic in Gazette; semble" subsection seven."

1936. HOSPITALS. Hospitals Act. 15843 PARTlV.- VOLUNTARY HOSPITALS. committee, and to all officers of any such committee, and to the intent that the word " committee" shall be substituted for the word "Board," where it occurs in such section, and the word" sub-committee" substituted for the word "committee" in section sixteen of this Act. The provisions of sections twenty-one (other than paragraph (iii.) of subsection two of the said section twenty-one), twenty-two, and twenty-five of this Act shall, so far as the said sections are applicable, apply to every hospital under this Part of this Act, and to the intent that the word " committee" shall be substituted for the word" Board" where it occurs in such sections: Provided that the Governor in Council may by Order in Council from time to time make such amendments, modifications, or additions thereto in relation to hospitals under this Part as he shall think fit. (2.) The committee may make rules for the general Committee oontrol and management of the hospital, and without ; ~ l: . ake limiting the generality of this provision shall in respect of the hospital have power to make rules with respect to all or any of the matters contained in sections twenty-six and twenty-seven of this Act. All such rules shall be submitted for the approval of the Governor in Council, and the provisions of paragraph (xx.) of subsection three of section twenty- seven of this Act shall, mutatis mutandis, apply and extend to any such rule so approved and published in the Gazette. (3.) At every hospital a book, to be called "The Contri- Contributors' Book," shall be kept in which shall be ~ ~ ~ ~ rs' entered the names and addresses of all personscontribu- . ting towards the support thereof and the amounts contributed by each person. 32. (1.) Every application for the establishment ofspec~ ~ an ambulance brigade, not being an ambulance brigade ~ ~ : lBlOns under the control of a Board, shall be made to the an;tbulance Minister. brigades. (2.) The Governor in Council may approve of such 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.

15844 PARTlV.- VOLUNTARY HOSPITALS. HOSPITALS. Hospitals Act. 1 GEO. VI. No. 4, Application (3.) The provisions of this Part of this Act shall of Part IV. apply to every ambulance brigade established under *" The Hospitals Acts, 1847 to 1891," t" The Hospitals Acts, 1923 to 1932," and under this Act. PARTV.- MISOEL- PART V.-MISCELLANEOUS. LANEOUS. Hmoedniocraalry Act r 3 ep 3 e . alNeodtbwyitthhsitsaAncdti, nogr inanthyitshAincgt, ocroinntaaninyerdegiunlatainoyn officers. or by-law, or rule (and whether such regulation, by-law, or rule was made before, on, or after the commencement of this Act), and notwithstanding any other Act, or law, rule of law, or process of law to the contrary, any medical practitioner who by whatever means has been appointed and/or contracted to serve or may hereafter be appointed and/or contract to serve as an honorary medical superintendent or an honorary medical officer (and whether appointed under *" The Hospitals Acts, 1847 to 1891," or under t" The Hospitals Acts, 1923 to 1932," or under this Act), shall hold such appointment and/or contract of setvice as an honorary medical superintendent or an honorary medical officer subject to the following condition, namely-That the tenure of his appointment and/or contract of service shall be and shall always have been at the pleasure of the Board, or committee, or other governing body of the hospital, and that the Board, or committee, or other governing body may in its absolute discretion terminate such appoint- ment and/or contract of service at any time it thinks fit. The provisions of this section shall apply and extend notwithstanding that the appointment and/or contract of service~ or by-law, or rule pursuant to which the appointment and / or contract of service was made of the medical practitioner concerned as an honorary medical superintendent or any honorary medical officer specified a definite period of service in respect of the appointment and/or contract of service, and any such appointment and/or contract of service, whether made before, on, or after the commencement of this Act, and whether for a * 11 Vic. No. 59 and amending Acts. See annotation under subsection (1) of section 28 of this Act. t 14 Geo. V. No. 44 and amending Acts. See annotation under sub- seotion (1) of section 2 of this Act.,

1936. HOSPITALS. Hospitals Act. 15845 PARTV.- MISOEL· LANEOUS. specified period of service or not, shall be and be deemed to be and to have always been made subject to the provisions of this section accordingly, and to the intent that no medical practitioner shall have any right or remedy against the Government of Queensland or the Minister, or the Board, or the committee, or any other person whomsoever for or in respect of the termination of any such appointment and/or contract of service held by him. 34. Subject as is herein provided, the Board or Removal of committee shall have frul power and authority to cause pa~ ~ n~ . to the removal of a patient in any hospital under the control i: o~ : ~ n and jurisdiction of such Board or committee, whose case oases. is one which in the opinion of the Board or committee is not suitable to be treated in such hospital, to an institution to which the provisions of *" The Charitable Institutions Management Act of 1885" apply, or to such other private charitable institution as the Board or committee may deem it fit and proper so to do: Provided that, before any such removal is given effect to, the consent of the governing authority of the institution concerned shall be first had and obtained: Provided also, that before any such removal is effected the Board or committee may inform the patient or, in cases where the Board or committee consider necessary, any relative of such patient in regard to the removal of the patient concerned. The Board or committee is hereby authorised to use whatever means they consider necessary or expedient to effect such removal of the patient concerned. Moreover no proceeding or claim shall be commenced, made, or prosecuted against the Board or committee or any member or officer or employee thereof or any other person for or in respect of any action taken by the Board or committee in the exercise of its powers and authorities under this section. 35. (1.) Where the Minister has reason to believe Power to that any house, room, apartment, premises, or place ~ ~ ~~ igate is kept or used by any person or body corporate or hollS:' &0. unincorporate or association of persons for the reception, care, and/or treatment of - (a) Aged, infirm, helpless, and/or dying persons ; and/or * 49 Vie., No. 8, supra, page 1096.

15846 PARTV.- MISCEL· LANEOUS. HOSPITALS. H08pital8Act.1 GEO. VI. No. 4, (b) Persons subject to or suffering from any mental or bodily infirmity or disease; and/or (c) Persons in receipt of invalid or old-age pensions; and/or (d) Persons, and whether included in any of the classes of persons hereinbefore mentioned or not, who have not absolute freedom of egress therefrom at all times, then, and in any such case, he may in his absolute discretion by writing under his hand appoint some person to enter upon such house, room, apartment, premises, or place and make full and complete investiga- tion into the keeping, using, and/or conduct of same. Any person so appointed as aforesaid shall have and may exercise the powers, authorities, protection, and jurisdiction of a commission under and within the meaning of *" The Official Inquiries Evidence Acts, 1910 to 1929." (2.) Any person who obstructs or resists any person appointed by the Minister under subsection one of this section in the doing or executing of any act, matter,or thing reasonably necessary to be done or executed by such lastmentioned person in the making of such investi- gation as aforesaid shall, in addition to any penalty to which he may be subject under any other Act or law, be liable to a penalty of not more than twenty pounds. (3.) The person appointed as aforesaid shall report in full the result of his investigation to the Minister, and the Minister may thereupon, in his absolute discretion, recommend to the Governor in Council that- (i.) He prohibit the keeping or using of'the house, room, apartment, premises, or place for the reception, care, and/or treatment of persons of all or any of the classes abovementioned; or (ii.) He allow the house, room, apartment, premises, or place concerned to be kept or used for the reception, care, and/or treatment of persons of all or any of the classes above- mentioned subject to such terms, conditions, limitations, and provisions as the Minister recommends. * 1 Geo. V. No. 26 and 20 Geo. V. No. 2, supra, pages 748 and 12474.

1936. II OSPl T AIJS. Hospitals Act. 15341 :PAnT V.- MISCEL- J..\NEO',S. (4.) The Governor in Council may, upon the recommendation of the Minister as aforesaid, by Order in Council- 0.) Prohibit the keeping or using of the house, room, apartment, premises, or place the subject-matter of such recommendation for the reception, care, and/or treatment of all or any of the classes of persons abovementioned; or (ii.) Prescribe the terms, provisions, limitations, and conditions upon and subject to which the house, room, apartment, premises, or place the subject-matter of such recommendation may continue to be kept or used for the reception, care, and/or treatment of all or any of the classes of persons abovementioned. (5.) Any person or body, corporate or unincorporate, or association of persons who or which contravenes or fails to comply with any such Order in Council made under this section, or with any term, provision, condition, or limitation prescribed by any such Order in Council shall be guilty of an offence and liable to a penalty of not more than fifty pounds, and moreover, liable to a further penalty of not more than two pounds for each and every day during which such offence is continued after a conviction therefor. 36. Any document under this Act may be served Service. 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. 37. (1.) The Board or any committee may order ~ rosecu. proceedings to be taken for the recovery of any penalties tlOllS, &c.. 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 General Fund ocafstehme aByobaerd. or of the funds of t • he committee, as the

15848 PART V.- MISCEL- IAKEOCS. HOSPITALS. Hospitals Act. 1 GEO. VI. No. 4, (2.) In all proceedings in any court of summary jurisdiction or before any justice, the secretary or any other officer of the Board or of a committee appointed by the chairman by writing under his hand may represent the Board or committee 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 General Fund of the Board or out of the funds of the committee, as the case may be, 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 1932." Any'such proceeding may be instituted within six months after the offence is committed or within three months after the commission of the offence comes to the knowledge of the complainant, whichever is the later period: Provided that no such proceeding shall be instituted in respect of an offence which may form the subject- matter of an inquiry by a judge of Supreme Court at any time after the Board has by plaint instituted such inquiry. (5.) Except where it is by this Act provided to the contrary, all such penalties when recovered shall be paid into the General Fund of the Board or into the funds of the committee, as the case may be. (6.) Every person guilty of an offence against this 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 deemed 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 General Fund of the Board or of the committee, as the case may be. * 50 Vie. No. 17 and amending Ads, supra, pages 1132 et scq.

1936. HOSPITALS. Hospitals Act. 15849 PART V.- MISCEL- LANEOUS. 38. (1.) Any person who obstruct~ the Board or Obstructing committee or any person employed by it in the per- execution of formance of anything which it or he is respectively Act. empowered or required to do by this Act shall be liable to a penalty not exceeding twenty poundsi. (2.) Any person who wilfully destroys, pulls down, injures, or defaces any board on which any by-law, regulation, order, notice, or other matter is inscribed shall, if the same was put up by authority of the Board or committee, be liable to a penalty not exceeding five pounds. (3.) If any Local Authority refuses to pay any Refusal to sum being the amount or any part of the amount of pay precrept. any precept duly made under this Act, then, and in any such case, every member of the Local Authority who consents to such refusal shall be liable to pay such sum and same may be recovered from him by action of debt in any court of competent jurisdiction at the suit of the Board concerned, and in addition he shall as and from the date of the passing of the resolution to so refuse become and be disqualified from being or continuing to be a member of such Local Authority, or from again becoming a member of the same or any other Local Authority for a period of five years thereafter. This subsection shall not prejudice or affect the right of the Board to recover from any Local Authority the amount of any precept not paid by such Local Authority by action in any court of competent juris- diction. 39. The production of the Gazette containing the Evidence of: notification of any election or appointment made under elect~ on or this Act shall be sufficient evidence until the contrary : i! ~ l. nt- is shown that such election or appointment has been duly made, and that it is still in force. ----------- SCHEDULES. FIRST SCHEDULE. RULES FOR ELECTION OF A MEMBER OR MEMBERS "ASSIGNED TO A GROUP OF COMPONENT LOCAL AUTHORITIES. 1. The time and place of every election shall be appointed by the returning officer. Provided that such date shaH not be later than the last day appointed by this Act for the holding of the election. FIRST SCHEDUI,E.

15850 FIRST SCHEDrLE. HOSPI'l'ALS. Hospitals Act. 1 GEO. VI. No. 4, 2. At every election the secretary shall by virtue of his office be the returning officer. 3. For the purpose of enabling the returning officer to compile a roll of persons entitled to vote at such election, the clerk of every Local Authority of the group shall, within seven days after the conclusion of the last election of members of the Local Authority, forward 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. 4. Such roll shall show the names in alphabetical order and numbered consecutively of all persons so entitled to vote, and when signed by the returning 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 Local Authoritv of the group shall be entitled to vote. " 5. If any clerk fails or neglects to forward any list hereby required to be forwarded to the returning officer ,vithin the prescribed time, or forwards an incorrect list, he shall be liable to a penalty not exceeding ten pounds. 6. After compiling such roll the returning officer shall forthwith send through the post office to every person llamed in such roll a notice specifying the date and place of nomination and the date and place appointed for the election, and requiring the nomination of candidates. 7. In order that a person may become et candidate he shall be nominated by at least one member of a Local Authority comprised in the group. The nomination paper shall be in writing and signed by the person nominating the candidate, in t,he following form :- Nomination Paper. The [Name oj District] Hospitals Board. To the Returning Officer, Sm,-I hereby nominate [name in full], of [address and occupation) to be a candidate for election as a member of the abovenamed Board at the ensuing election for the group of Local Authorities of one of which I am a member. Dated at , the day of Hl [Signature. ] Local Authority of Such nomination paper shall be delivered or sent to the returning officer so as to reach him on or before twelve o'clock noon on the day of nomination. No person who is not so nominated shall be or be deemed to be a candidate at the election. S. If no more persons are so nominated than are required to be €lecterl at such election, the returning officer shall, at twelve o'clock noon on the day of nomination, and at the place so appointed, declare t.hem or him to be duly elected, and they or he shall be elect.ed accordingly.

HOSPITALS. 15851 1936. Hospitals Act. --------- ~ ~ ~ -- ~ ~- - - - - - - - - - - - - - - - - - - - - - - - - 9. If more persons are so nominated than are required to be elected, the returning officer shall, on the day of nomination proceed as follows :- He shall prepare a ballot-paper in writing in the following form :- FIRST Scm:D1"LE. Ballot-paper. The [Name of District] Hospitals Board. Election of one member [or members] by the members of a group of Local Authorities namely [set mtt the Local Authorities]. In I vote for- ADDISON, JAlVIES [] BAKER, JOHN CHARLES FISHER, WILLIA.\'l 0 0 [Signature of toter.l XOTE.-This ballot-paper must be post.ed to the returning officer at fp/ace of e7ection] so as to reach him before five o'doek after noon on the day of ,19 [day of the count]. ~\ lld shall post one ballot-paper, previously initialled by him, to each of the voters of the group. Before posting the same he shall fill in the particulars of the place Df election and of the date fixed by him on which the count will be made. The voter, upon receipt of a ballot-paper, shall record his vote by placing the figures 1, 2,3 (and so on as the case requires) in the squares respectively opposite the name or names of the candidates for whom he votes equa.! to the number of members to be elected (each vote so numbered in consecutive order being a vote) and signing his name. He shall then post the same, addressed to the returning officer at the place of election named therein, and within such time t.hat it will in ordinary course of post reach the returning officer before five o'clock after noon on the date named therein as the day of the count. On the aforesaid day the returning officer shall attend at the said place, at five o'clock after noon, and shall open and count all the votes given for each candidate which have then reached him, and shall forthwith declare the candidate or candidates who has or have received t.he greatest number of votes to be elected, and he or they shall be elected accordingly: Provided that in any case where there is only one member required to be elected, any ballot-paper which has a cross only in t.he square opposite the name of anyone candidate, and has no figure 1 in any square, shall not be rejected: Provided further, that any ballot-paper which has more consecutive figures commencing with the figure 1 in the squares than the number of members required to be elected shall not be rejected for that reason alone: 10. At t,he election every person whose name is included in the roll shall be entitled to one vote only.

13832 FIHf;T SClIEDt'LE. HOSPITALS. Hospitals Act. 1 GEO. VI. No. 4, 11. Whenever necessary, owing to the fact that the number of votes for any two or more candidates is found to be equal, the returning officer shall decide by his casting vote which shall be elected. 12. The returning officer shall furthwith report to the Board the names of the members elected. 13. The Board shall repay to the returning officer all expenses reasonably incurred by him in connection with the election. SECOC;D SCIIEDLLE. Returning officer. SECOND SCHEDULE. RULES FOR THE CONDUCT OF ELECTIO~ S BY CONTRIBUTORS. 1. At every election the secretary shall by virtue of his office be the returning officer. Substitute for returning officer. If the returning officer is prevented from attending to any of his duties by illness or other sufficient cause, he may, by wTiting under his hand, appoint a substitute to act for him. Such substitute shall thereupon for the time being have all the power and authority of and be deemed to be the returning officer. In the case of accident or omission, the Governor in Council may appoint some person to be returning officer. Returning officer to give public notice of election. Voters' roll. 2. The returning officer shall give public notice of such election by advertisement in some newspaper. The notice shall specify a day, not les3 than ten nor more tkm twenty-one days after the publication of the notice of elect:on as the day of nomination, and a day not 1033 than seven nor more than forty-two days afteT the day of nomination as the day on which the poll shall be taken, and shall require the candidates at such election to be nominated in manner hereinafter mentioned at some place to be named in the notice. 3. For the purpose of enabling the returning officer to compile a roll of persons entitled to vote at any election of the member assigned to contributors of a Board or of the memhers of the committee of a voluntary hospital, the secretary to the Board or, as the case may be, the voluntary hospital shall, at least fourteen days before the day of nomination, compile a correct list of the names and addresses of contributors to every hospital within the district of such Board, or, as the case may be, such voluntary hospital. Any clerk who fails to compile such list as aforesaid shall be liable to a penalty of not more then ten pounds. Such roll shall show the names in alphabetical order and numbered consecutively of all persons so entitled to vote, and when signed by the returning 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.

1936. HOSPITALS. Hospitals Act. 15853 SECOND SCHEDULE. 4. (1.) In order that a person may be or become a candidate Mode of at an election, he must be nominated by not less than two contributors nomination. of the Board or hospital concerned in manner following, that is to say :-Before noon on the day of nomination there shall be delivered to the returning officer at the place appointed by the notice, who shall if required give a receipt for the same, a nomination paper naming such person as a candidate at such election, and signed by the persons nominating him, in the following form :- We, the undersigned Contributors of the Hospitals District or Hospital [as the case may be], hereby nominate [stating christian name and surname], of for the office of Member of the Hospitals Board or Hospital Committee [as the case may be]. Dated the day of 19 [Here are to follow the Signatures.] (2.) If the returning officer is satisfied that the provisions of this Certificate of Act with respect to a nomination paper have been substantially returning complied with, he shall make and sign at the foot of the nomination officer. paper a certificate in the form following, or to the like effect :- I, the undersigned Returning Officer at and for the above- named Election, do hereby certify that I' received this nomination at [name of place where received], this day of ,19 ,and that the provisions of "The Hospitals Act of 1936," with respect to it have been complied with. (Signed) A.B., Returning Officer. But no such certificate shall be construed to qualify any person to be a candidate or to sign the nomination paper who is not qualified to be a candidate or to sign the same, or to validate any signature thereto which is false or forged. 5. The returning officer shall at all times, between the hours Returning of nine o'clock in the forenoon and four o'clock in the afternoon officer to upon each day between the giving of the public notice of an election Pfst names and the day of nomination named therein, keep posted outside the ~ andidates. place of nomination the names of all persons who have already become candidates at such election. 6. If the number of persons who are duly nominated as Result if candidates at any election does not exceed the number to be elected, only number the returning officer shall, on the day of nomination or as soon there- to be after as is practicable, publicly notify by advertisement in some elect,ed t d newspaper the name or names 0 f t he cand 1 'date or cand 1 'dates wh 0 nomma e . has or have been duly elected. 'i. (1.) If the number of persons who are duly nominated as Result candidates exceeds the number to be elected, then for deciding between if m';lre such candidates a _ poll shall be taken in manner hereinafter provided. t nh a o n ml t n o atebd e elected.

15854 SECOND SCHEDULE. HOSPITALS. Hospital. ~ Act. 1 GEO. VI. No. 4, (2.) The returning officer shall- (a) Forthwith post in some conspicuous position at the place- of nomination the names of the persons who have been duly nominated as candidates, and that a poll will be so taken; and (b) Publish an announcement to the like effect in some news- paper. Governor in S. If at the time prescribed or appointed for holding an Council may election- appoint members (a) No election is held; or when none fllected. (b) No candidates are nominated; or (c) The number of candidates nominated is less than the number of candidates to be elected, the Governor in Council may appoint a qualified person or a sufficient number of such persons to be a member or members, as the case may require, to fill the vacancies which ought t9 be filled at such election, and the person or persons so appointed shall be deemed to have been duly elected at such election. Declaration 9. (1.) The returning officer, as soon as possible after he has of poll. examined and counted all the ballot-papers and ascertained the gross number of votes received for each candidate, shall forthwith or as soon as practicable publicly notify, by advertisement in some news- paper, the general state of the poll so ascertained and the name of each candidate who has been elected. (2.) In the event of the number of votes for any two or more candidates being found to be equal, the returning officer shall decide by his casting vote which shall be elected. (3.) No returning officer shall vote at any election except in the case of an equality of votes. .' Hospital committee. Voting by Postal Ballot. 10. The poll for an election of the member assigned to contributors of a Board or the members of the committee of a voluntary hospital shall take place in the mode hereinafter prescribed in these rules. Ballot-paper 11. The returning officer shall forthwith, after the day of sent by nomination, transmit by post to every contributor entitled to vote at ~~ ~ ~~ ~ the election a printed ballot-paper, and shall also on the Voters' Roll every voter. in force make a mark against the name of every voter to whom he has posted a ballot-paper. Such roll is hereinafter referred to as "the marked Voters' Roll." The envelopes containing the ballot-papers so posted by the returning officer shall be endOrFiCd with the words" Ballot-paper, Hospitals District [or, as the case may be,] Hospital." Every ballot-paper shall contain the names in full, in alphabetical order, of all the candidates for the election of members by contributors, 'and shall be initialled by the returning officer.

19.36. HOSPITALS. Hospitals Act. 15855 SECOND SCHEDULE The ballot-paper shall be so printed and prepared that the voter may effectually conceal the name of the person or persons for whom he has voted. . The ballot-papers for the election of members shall be in the following form respectively, or to the like effect, that is to say:- A G1Lmmed edge. B . ..l...•••••...•...••..••. Perforation. How to Vote. Mark your vote by placing in the squares l'espectively opposite the names of at least [here insel·t the numbe'r which repl'esents the number of 2J:fembers to be elected] ca.ndidates the figure. 1, 2, 3, 4, and so on, up to and inclusive of the number [here insert the number Ivhich represents the number of lJIembers to be elceted.] Gum the top and sides of the paper down so that the letters AA and BB in the corners meet, and after doing .~ o get your signature witnessed by some other Voter of the same Hospital, a Justice of the Peace, or the aeturning Officer. Then place the paper in the accompanying envelope, which is addressed to the Retnrning Officer, and endorded "Ballot·paper"; close up the envelope, and post it at the Post Office. A. B. [initials of Returning Officer]. Fold the paper here. o B R O W N • .J O H N c=J GREEN, CHARLES D S:-'lITH, ABEL o WILLIAMS, GEORGE Perforation. A B ................................................................................................................I Perforation. Hospitals Board [or, as the case may be,] I Hospital of ] 1* of am a Voter of this Hospitals Board [or, a,s the case may be,] Hospital, and am entitled to vote at the election of tmember of the Board or Committee [as the ectse may be]. which is to take place at::: and closes on the day of 1U . I have not already voted at this election. I make this ,solemn declaration conscientiously believing the same to be true, and subject to the penalties contained in "The Hospitals .Act oj 1936." Witness- Voter. Voter of the same Hospital, or Justice of the Peace [or Returning Officer]. • ChrIstian name and surname In full. t Insert number of members to be elected. : State place of nomination. 12. Every ballot-paper so transmitted to a voter shall be Envelope accompanied by an unsealed envelope addressed to the returning addres.sed to officer at the place of nomination, and endorsed, "Ballot-paper, r~ urnmg Hospitals Board [or, as the case may be,] 0 cer. Hospital."

15856 SECOND SCHEDULE. -- - ~- - HOSPITALS. Hospitals Act. 1 GEO. VI. No. 4 r Mode of printing ballot- papers. 13. 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 thickness as when folded will conceal the names of the candidates 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; (v.) Reasonable space shall be left for the signature of the· voter, and of the witness to the voter's declaration; (vi.) If two candidates have the same surname and christian name, the residence and occupation of each such candidate shall be added to his name. Papers to be 14. Before posting the ballot-papers the returning officer shall filled up. cause the form of declaration on each ballot-paper to be filled in with- . (i.) The name of the Hospitals Board [or, as the case may be,] hospital; (ii.) The christian name and surname in full, when known. of the voter ; (iii.) The place of residence of the voter; (iv.) The place of nomination; (v.) The number of members to be elected; and (vi.) The date on which the poll will close. Ballot-box at nearest post office. 15. After posting the ballot-papers, the returning officer shaH provide a locked ballot-box with a cleft or opening therein capable of receiving the ballot-papers, and he shall forthwith place such ballot-box in charge of the postmaster at the post office nearest to the place of nomination, but shall himself retain the key thereof. Ballot-paper 16. (1.) The voter shall, upon the receipt of the ballot-paper, posted to record his vote by placing the figures 1, 2, 3 (and so on as the case returning requires) in the squares respectively opposite the name or names of officer. the candidates for whom he votes equal to the number of members to be elected (each vote so numbered in consecutive order being a vote), and fold up and gum together the parts thereof as indicated thereon, and shall then sign such paper in the presence of some other voter of the same district or hospital, or a justice, or the returning officer. He shall then place the ballot-paper in an envelope addressed to the returning officer at the place of nomination, and endorsed, " Ballot-paper, Hospitals Board [or, as the case may be,] Hospital," and shall close the envelope and transmit the same by post. Returning (2.) The returning officer may, at the request of a voter, mark officer may the ballot-paper for him, but the returning officer shall not personally assist voter. receive any vote except through the post, as hereinbefore provided. Marksmen. (3.) 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. (4.) 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.

- - - ~ - - - - ~ - - - - ~ - - - 1936. HOSPITALS. Hospitals Act. 15857 SECOND SCHEDLI,E. (5.) No candidate or the agent of a candidate at the election Candidate or postmaster or receiving officer of the post office shall attest the or his agent signature of a voter to a ballot-paper for usa in the election; every ~ ot t~ attest such person who so witnesses a signature shall be liable to a penalty sIgna ures. not exceeding fifty pounds, but the vote shall not be thereby invalidated. (6.) No candidate or agent of a candidate shall receive or take C~ ndidate or any ballot-paper or envelope containing a ballot-paper from a hIS agllent not - to co eet voter. ballot- papers. Any such person who so takes or receives a ballot-paper or Penalty. envelope containing a ballot-paper from a voter shall be liable to a penalty not exceeding fifty pounds, and the election of a candidate who or whose agent so takes or receives a ballot-paper or envelope containing a ballot-paper shall be void. (7.) At any time before three o'clock in the afternoon of the Duplicate day next preceding the day appointed for closing the poll the returning !:Jallot-p:;per officer may issue a second, or duplicate ballot-paper to any voter ~ n s~: rtalIl whose original ballot-paper has miscarried or has been destroyed: a . Provided that the voter shall first make a declaration before a justice or 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. (8.) The postmaster shall deposit in the ballot-box referred to Duty of in rule fifteen of these rules every post letter addressed to the postmaster. returning officer and endorsed "Ballot-paper, Hospital," which is received through the post at his office between the day of nomination and one o'clock in the afternoon 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 one o'clock aforesaid, shall be endorsed to that effect by the postmaster, 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. 17. For the purposes of every election, the returning officer Place/or. shall appoint a place at which the votes shall be examined and the efammatIon result of the election ascertained. No house or place licensed or 0 votes. registered for the sale of fermented or spirituous liquors shall be appointed as the place for such examination and ascertainment. 18. At one o'clock in the afternoon on the day appointed for Removal of closing the poll, the returning officer shall demand the ballot-box ballot-box. from the postmaster, and, if required to do so, shall give to the postmaster a written receipt for the same, and shall forthwit,h convey the ballot-box to the place appointed as hereinbefore provided for examining the votes and ascertaining the result of the election. 19. The returning officer shall, then and there, in the presence Scrutiny of of his poll clerk, if any, and of such of the scrutineers as may attend votes an.d but not of any candidate- declaratIOn. (i.) 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

15858 SItCONJ) SCHEDUl.E. HOSPITALS. --- ' - - ~ ~ - - - - - - - - Hospitals Act. 1 GEO. VI. No. 4, 1936. off the voter's name upon the marked Voters' Roll. He shall then examine the declaration and attestation attached to the ballot-paper, and if they are regular shall mark the part containing the same and also the other part of the ballot-paper with the same number, beginning with the figure 1 for the first vote dealt with, 2 for the next, and so on, in regular numerical ordcr for all the votes allowed by him. He shall then 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 parts or marking any numbers thereon. When all the hallot-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. At the time of opening the ballot-box the returning officer shall produce, for the information of the scrutineers, the marked Voters' Roll. The number marked by the returning officer upon It ballot-paper, and being identical with the number marked by him on the attestation and declaration, shall at a scrutiny be conclusive evidence of the vote of the person making such declaration. Informal and 20. (1.) At the examination of the ballot-papers every ballot- imperfect paper which- . votes. (i.) Does not bear the initials of the returning officer; or (ii.) Is. not signed by the voter and attested in the manner prescribed by this Act; or (ill.) Is manifestly irregular; or (iv.) Is signed by any person other than a qualified voter; or (v.) Has no vote indicated on it, or has fewer consecutive figures commencing with the figure 1 in the 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. Ballot·paper .(2.) Provided that no ballot-paper shall be rejected merely when not to because of some informality, or alleged informality, in the manner in be rejected. which it has been dealt with by the voter or presiding officer if it is regular in other respects, and if, in the opinion of the returning officer, the intention of the voter in voting is clearly apparent: Prpvided further, that any ballot-paper which has more con- secutive figures commencing with the figure 1 in the squares than the number of members required to be elected shall not be rejected for that reason alone.