Hospitals Acts Amendment Act of 1955 (4 Eliz Ii No. 39) (Qld)

HOSPITALS. 243 4 E liz . II. No. 39, 1955. Hospitals Ads Amendment Ad. HOSPITALS. An Act to Amend “ The Hospitals Acts, 1936 to 1946 7 ,” in certain p r articulars. [A ssented to 30 th N ovember , 1955.] 4 ^“ 3 “ H ospitals A cts 40“™ B E it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legis­ lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:— 1. (1.) This Act may be cited as “ The Hospitals short title. Acts Amendment Act of 1955.” (2.) *“ The Hospitals Acts, 1936 to 1946,” are in Principal this Act referred to as the Principal Act. Aot' (3.) The Principal Act and this Act may be Collective collectively cited as “ The Hospitals Acts, 1936 to 1955.”tlfcle- 2. Section four of the Principal Act is amended Amendment by adding thereto the following subsections, namely :—ofs'4’ “ (3.) The Governor in Council may, on the recommendation of the Public Service Commissioner, appoint so many Assistant Inspectors of Hospitals as he deems necessary from time to time. (4.) Subject to the Minister, an Assistant Inspector of Hospitals shall perform such of the duties imposed upon the Inspector of Hospitals under or pursuant to this Act as from time to time, he is directed by the said inspector to perform. (5.) Any person thereunto authorised in writing by the Minister may under, subject to and in accordance with that authority investigate or inquire into any matter or matters pertaining to the doing and executing by any Board of the function of the treatment of the sick including any act or omission or alleged act or omission of any Board, or member, officer, or employee thereof in relation to, or for any purpose of or connected with, the function of the treatment of the sick. In this subsection the term “ function of the treatment of the sick ” includes any and every act, matter, or thing which under section twenty-six of this Act is included in that function. ( 6 .) The Inspector of Hospitals, any Assistant Inspector of Hospitals, or any person authorised under subsection five of this section shall not be legally liable * 1 G. 6 No. 4 and amending Acts.

244 HOSPITALS. Hospitals Acts Amendment Act. 4 E liz . II. No. 39, in respect of anything done by him in good faith for a purpose related to his duty or authority under this section.”. New s. 18a 3. The following section is inserted after section inserted. eighteen of the Principal Act, namely :—■ “ [25 a .] (2.) The Board, with the prior approval of the Minister, may, in relation to any of its officers or employees or such of its officers or employees as are comprised in any class, grade, or description thereof specified by it, by instrument in writing delegate to an officer or other employee of the Board the power had by the Board under this Act with respect to the appointment, dismissal, and imposition of disciplinary punishments upon officers and employees so that those powers may be exercised by the officer thereunto delegated by the Board with respect to the officers or employees or officers or employees of the class, grade, or description thereof specified in the instrument of delegation. The Board may make such a delegation subject to such terms, conditions, and limitations as it shall, subject to the prior approval of the Minister, specify in the instrument of delegation. ( 2 .) Any power with respect to its officers and employees the exercise whereof by the Board is dependent upon the opinion, belief, or state of mind of its members, may be exercised by an officer thereunto delegated under this section upon his opinion, belief, or state of mind. (3.) Every such delegation shall be revocable at will, and any such delegation shall be revoked at the direction of the Minister, and no such delegation shall prevent the exercise of any power by the Board. (4.) The Board, with the prior approval in all cases of the Minister, may make such and so many delegations under this section, and to such number of officers and other employees as it may consider necessary or desirable.”. New s. 18 b 4. The following section is inserted after section inserted. 18 a of the Principal Act, as previously inserted by this Act, namely:— paAgrpoapmineaoslttsions a new “ [2 c 5 le b r . i ] ca ( l 2. o ) ff ( i a c ) e, IifnathvaecaemncpyloiynmaenclteroicfatlhoeffiBcoe, arodr and punish­ (being such a vacant office or new office for which the ments. salary prescribed is higher than that prescribed for a

HOSPITALS. 245 1955. Hospitals Acts Amendment Act . clerk, grade I., by the applicable award or industrial agreement) is filled by the promotion of an officer employed by the Board or by the appointment of a person not theretofore employed by the Board, any other officer employed permanently and full time by the Board who duly applied for that vacant office or new office, and who considers himself more entitled to that office than the officer or person promoted or appointed thereto may appeal as provided in the Third Schedule to this Act. (&) Such appeal may be made on the ground of superior efficiency or equal efficiency and seniority to the officer or person promoted or appointed. (2.) (a) Any officer or other employee whose employment by the Board is permanent and full-time and who for any prescribed offence has, by or on behalf of the Board, been punished by being dismissed, fined, disrated, reprimanded, or dealt with otherwise howsoever may appeal as prescribed in the Third Schedule to this Act. (6) Such appeal may be on the ground of innocence of the offence or excessive severity of the punishment. (c) In any appeal on the ground of excessive severity of the punishment, the Appeal Board shall take into consideration the previous record of the appellant. (3.) This section does not apply to the office of secretary to the Board nor to a holder of that office.”. Act, 5n. aTmheelyfo:— llowing Schedule is added to the Principal TaSdchdhireeddd. ule “THIRD SCHEDULE. Boar1d. wEvheicrhy sahpaplel abl eshcaollnsbteituhteeadrdfoarntdhedepteurrmpoinseedofbyheaanrinAgppaenadl oBCfooAanrspdtpi. teuatlion determining the particular appeal in question by— (a) A stipendiary magistrate who shall be appointed in the case by the Attorney-General or other Minister performing for the time being the duties of that office; (b) A person in the employment of the Crown under and within the meaning of “ The Public Service Acts, 1922 to 1955,” who shall be appointed in the case by the Minister ; and (c) An appellant’s representative who shall be appointed in the case by— (i.) If the appellant is a member of an industrial union of employees, that union;

246 HOSPITALS. Hospitals Acts Amendment Act. 4 E liz . II. No. 39, (ii.) If the appellant is not a member of an industrial union of employees, such a union whereof the appellant is, in the opinion of the Minister, entitled to become a member; or Chairman. (iii.) If there is not an industrial union of employees as aforesaid, or if that union fails to appoint a representative not later than fourteen days before the date of hearing, the Minister. 2. The stipendiary magistrate shall be the chairman of the Appeal Board. dMeacijdoeri. ty to of its3.mAemllbpeorws. ers of an Appeal Board may be exercised by a majority Secretary. 4. The Minister shall appoint a person to act as secretary to the Appeal Board. Unsuccessful 5. As soon as practicable after a vacancy in a clerical office, or t*PP“ a new clerical office, in the employment of a Hospitals Board (being notified of appoint- ment. suc^ a vacancy or new office in respect whereof an unsuccessful applicant may appeal) has been filled, the secretary of that Board shall notify every unsuccessful applicant who is an employee of the Board accordingly, giving the name of the appointee, date of appointment, and particulars of the seniority of the appointee comparatively with the unsuccessful applicant. Offender to be notified of punish­ ment. 6 . As soon as practicable after an officer or employee who is entitled to appeal to an Appeal Board in respect of the punishment for any prescribed offence imposed upon him by or on behalf of the Hospitals Board has been so punished, the secretary of that Board shall notify him accordingly, stating the nature of the punishment. Lodging of appeal. 7. Every appeal shall be in writing, shall clearly and concisely set forth the grounds upon which the appeal is made, and shall be despatched to the secretary of the Hospitals Board within fourteen days after the date when the appellant shall have been notified of the appointment or, as the case may be, punishment in respect whereof the appeal is made. Date for hearing. Trivial or frivolous Notice of hearing. 8. Upon receiving a notice of appeal, the secretary to the Hospitals Board shall forward the same to the Under Secretary, Department of Health and Home Affairs for submission to the Minister for the purposes of having an Appeal Board constituted to hear and determine the appeal and a secretary thereto appointed. 9. The chairman of an Appeal Board shall, as early as practicable after his appointment to that Board, fix a date for hearing the appeal. 10. An Appeal Board may decline to hear or entertain an appeal the grounds whereof are in the Board’s opinion trivial, frivolous, or vexatious. 11. The secretary to the Appeal Board shall give to the Hospitals Board, the appellant, and the industrial union of employees, if any, concerned not less than seven clear days’ notice of the date and time when and the place where the appeal will be heard. appointment The aforesaid Under Secretary, shall, not less than fourteen by Minister, days before the date fixed for hearing the appeal, notify the secretary to the Appeal Board of the name and address of the person appointed by the Minister under paragraph ( b) of clause one of this Schedule.

HOSPITALS. 247 1955. Hospitals Acts Amendment Act . 13. The industrial union of employees thereunto authorised Noti°e of under paragraph (c) of clause one of this Schedule shall, not less than fourteen days before the date fixed for hearing the appeal, notify appellant’s the secretary to the Appeal Board of the name and address of the representa- appellant’s representative. tive- If the appellant’s representative is an employee of the Hospitals Board he shall be granted leave of absence on full pay to enable him to act as such. 14. If an appellant wishes to withdraw his appeal, he shall notify Withdrawal the secretary to the Appeal Board at least three days before the date of aPPeal* fixed for hearing the appeal. 15. The Hospitals Board and the appellant shall supply the Witnesses, secretary to the Appeal Board with lists of the persons they respectively require to be subpoenaed by the chairman of the Appeal Board to give evidence at the hearing of the appeal. 16. Such leave of absence to employees of the Hospitals Board Leave to be as is necessary shall be granted on full pay to ensure the attendance granted to of witnesses who are required to give evidence before Appeal Boards, ^nesses> and to admit of the appearance of officers required to act as agents * for appellants. 17. Before proceeding to take evidence all papers and Relative correspondence bearing on the decision appealed against shall be read, papers to be or otherwise made available for the use of the appellant, provided appellant °r that the Hospitals Board may withhold from the Appeal Board and * the appellant any papers, minutes, or correspondence, if for any reasons of public policy, of which the Minister shall be the judge, it is considered undesirable to produce them. 18. All evidence shall be taken in the presence of the appellant, Evidence to but if the appellant fails to appear the Appeal Board may deal with be taj^n “J the appeal on such evidence as is available. apj>eUant? 19. The secretary to the Appeal Board shall convene all meetings Record of of the Board, and keep all records of proceedings and decisions in proceedings, such manner as may be directed. 20. In any proceedings before the Appeal Board the Hospitals Representa- Board and the appellant may respectively be represented by counsel, tion. solicitor, or agent duly appointed in writing in that behalf, who may examine witnesses and address the Appeal Board. 21. (1.) The Appeal Board shall investigate in open court the Duty of appeal and transmit their decision thereon to the secretary of the Appeal Hospitals Board. Board. (2.) The Appeal Board shall make their inquiry without regard to legal forms and solemnities, and shall direct themselves by the best evidence they can procure or that is laid before them, whether the same is such evidence as the law would require or admit in other cases or not. (3.) The Appeal Board may, by their decision, determine that the promotion, decision, or recommendation appealed against be confirmed, set aside or varied in any specified manner. The decision of the Appeal Board shall be final and the Hospitals Board and all persons concerned shall give effect thereto.

248 HOSPITALS. Hospitals Acts Amendment Act. 4 Buz. II. No. 39, (4.) The provisions of “ The Commissions of Inquiry Acts , 1950 to 1954,” shall apply to and with respect to any and every appeal and for the purposes of so applying the provisions of those Acts the members, and a majority of the members, of any and every Appeal Board shall be deemed a Commission under and within the meaning of those Acts duly appointed to make an inquiry with respect to the subject matter of the appeal. No appeal from Appeal Board. 22. Notwithstanding anything contained in any other Act, no appeal from a decision of an Appeal Board shall lie or be permitted to the Industrial Court constituted under “ The Industrial Conciliation and Arbitration Acts , 1932 to 1955,” or to any other court or tribunal whatsoever, and no writ of prohibition or mandamus or certiorari shall lie in respect thereof. Allowance to witnesses. 23. Any witness, not being an employee of the Hospitals Board, summoned on behalf of the Hospitals Board to give evidence before eAxmpeonusnets. of uanpoAnpptheeal cBeoratirfdic,astehaollf btehepacidhaairnmaalnlowoafntcheebyApthpeeaHl oBspoaitradl.s BSouarcdh allowance shall be a sum equal to the amount of salary or wages lost by the witness for the day or days of attendance at the hearing of the appeal or, if the witness is not in receipt of salary or wages, a sum which, in the opinion of the chairman, would be proper payment, taking into consideration the occupation of the witness, and the time lost in attendance. eTxrpaveneslleisn. g expenInsesaadcdtiutiaolnly tpoaidallboywaanwcietnfeosrs matateynbdeanalcleo,werdea, sbountabnloet etrxacveeedlliinngg one shilling for every mile a witness resides from the place at which he is required to attend. wEapxitppneeelnslssaeensst. ’sof be re2s4p.on( 1si. b) leExfocreptrtaavselhlienrgeinorportohveidreedx,ptehneseHs oosfpwitaitlnseBssoeasrsdusmhmallonneodt by or on behalf of the appellant. (2.) In the case of an appeal against promotion, the Hospitals Board shall not be responsible for travelling or other expenses of any witnesses summoned by or on behalf of the appellant, excepting where the appeal has been upheld by the Appeal Board, and the evidence of such witnesses was, in the opinion of the chairman of the Appeal Board, necessary and material. (3.) The Hospitals Board shall not be responsible for travelling or other expenses of any witnesses summoned by or on behalf of the appellant in an appeal in respect of an offence, excepting where the charge has been found to be not proved, and the evidence of such witnesses was, in the opinion of the chairman of the Appeal Board, necessary and material. sCcuhlabaiimmrmistattenod. btoe made25b.yTahwe istnecersestfaorryetxopetnhseesAtpoptehael cBhoaairrmd asnhaolfl thsuebAmpitpetahleBcolaaridm, who shall give his certificate as to attendance, and determine the amount to be allowed. Eapxppeelnlasnest.to Boar2d6.coInnsidcaersessthwahterreeatshoneaabplepeelxlapnetnsiess sourccaensysfupla, rat ntdhetrheeofAshpopueladl be paid to the appellant by the Hospitals Board, the chairman shall certify accordingly.

HOSPITALS. 249 1955. Hospitals Acts Amendment Act. 27. All expenses whatsoever payable by the Hospitals Board Hospitals in connection with an appeal and the expenses of the members of the ^oa*d Appeal Board, secretary, reporters, and others, shall be defrayed expe*Ues. by the Hospitals Board. The chairman of the Appeal Board shall certify to the vouchers for expenses, and shall be responsible for the correctness. 28. (1.) For the purposes of appeals against promotions seniority Seniority, of one employee over another shall be determined according to the following rules:— (a) That employee whose position has the higher maximum salary shall be senior, and if such salaries are equal that employee who held for a longer period a position with that maximum salary shall be senior ; (b) If upon the first application of rule (a) neither employee is found to be senior to the other, the same rule shall be applied a second and, if necessary, any number of subsequent times to the maximum salaries of the positions held by such employees immediately prior to the period during which the employees were found on the preceding application of the said rule to have held positions with the same maximum salary and to the periods during which they held positions carrying such firstmentioned maximum salaries until one of such employees shall be found to be senior to the other or until the rule can be no longer applied; (c) If thereupon neither employee is found to be senior to the other that employee having the longer period of service as a permanent and full-time employee of the Hospitals Board shall be senior ; and (d) If pursuant to the foregoing rules neither employee is found to be senior to the other the Hospitals Board shall determine upon such basis as it considers equitable which employee is senior. (2.) In determining, according to the rules prescribed by this clause, the seniority of an employee any interruption to the service of that employee with the Hospitals Board caused by service had by him with, or with any service forming part of, Her Majesty’s Naval, Military, or Air Forces shall not be taken into account but shall be deemed service with the Hospitals Board, and such employee shall not during or by reason thereof be prejudiced in respect of his right to promotion to fill a vacancy in a clerical office, or a new clerical office, in the employment of the Hospitals Board. This subclause does not apply to service with the permanent such forces as aforesaid. 29. The term “ efficiency ” shall mean special qualifications and Efficiency, aptitude which in the opinion of the Hospitals Board are necessary for the proper discharge of the duties of the position to be filled, together with merit, diligence, and good conduct.”.