Illawarra Cottage Hospital Act 1916 (NSW)

ILLAWARRA COTTAGE

HOSPITAL ACT.

Act No. 16, 1916.

An Act to incorpora te , r egu la t e , and o the rwise

p r o m o t e t h e objects of t h e I l lawarra Cot tage

H o s p i t a l ; to a m e n d t h e Publ ic Hospi ta ls Act ,

1898, and t h e T r u c k Act of 1 9 0 0 ; and for

purposes consequen t t h e r e o n or inc iden ta l

t h e r e t o . [Assented to , 19th Apri l , 1916.]

lative Council and Legislative Assembly of New South BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis­

Wales in Parliament assembled, and by the authority of the same, as follows : —

Preliminary.

1 . (1) This Act may be cited as the " I l l awar ra

Cottage Hospital Act, 1916."

(2) In this Act, unless the context otherwise

requires,—

employee

" Board " means board of directors of the hospital; " Hospital " means the Illawarra Cottage Hospi tal ; " Member " means—

(a)	any person who contributes to the support of the hospital a sum of not less than ten shillings annually, so long as he continues to so contribute ;
(b)	any person who for the time being is a con­ tributor to the hospital under a scheme agreed upon by any employer and his

employee, and approved by the governing body for the time being of the hospital, and hereinafter referred to as an "industrial contribution scheme " ; and

(c) any contributor to the hospital of not less than ten pounds in one sum.

2 . The provisions of the Public Hospitals Act, 1898, shall not apply to the Illawarra Cottage Hospital :

Provided that the rules relating to the Illawarra Cottage Hospital in force at the commencement of this Act shall remain in force until altered or repealed by by-laws made under the provisions of this Act,

3 . The Truck Act of 1900 shall not apply to any industrial contribution scheme.

The hospital.

4 . The members shall by the name of " the Illawarra Cottage Hospital " be a body corporate which shall have perpetual succession and a common seal, and under that name may sue and be sued, proceed and be proceeded against in all courts.

5 . All real and personal property which at the com­ mencement of this Act is vested in and held by any person in trust for or on behalf of the hospital is hereby transferred to and vested in the said body corporate, subject to any trusts affecting the same.
6 . The said body corporate may take, purchase, hold, and enjoy not only such lands, buildings, and hereditaments as may from time to time be required for the purposes of the hospital, but also any other l a n d s and hereditaments whatsoever or wheresoever situate,
and may also take, purchase, and receive, hold and enjoy,
any chattels and personal property, and may also sell,
grant, convey, demise, or otherwise dispose of, either absolutely or by way of mortgage, any of the property, real or personal, belonging to the said body corporate :
Provided that it shall not be lawful for the said body corporate to sell, grant, convey, demise, mortgage, or dispose of any land now or hereafter granted to it by the Crown by way of free gift, unless with the approval of the Governor.

The

The board.

7 . The hospital and the property of the said body corporate shall be governed and managed by the board, and six directors shall form a quorum of such board for doing any act or performing or transacting any business which may under the provisions of this Act or the by-laws thereunder be done, performed, or transacted by such board.

8 . The board shall for all purposes connected with the hospital be the representatives of the said body corporate, and shall consist of sixteen directors, of whom four shall be nominated by the Governor and hold office during his pleasure, five shall he elected annually by persons who contribute at least ten shillings annually to the support of the hospital, five shall be elected annually by the employees who contribute for the time being to the hospital under an " Industrial Contribution Scheme ", and two shall be elected annually by the employers who subsidise their employees' contributions under such scheme.

9 . The first elections of directors shall be held within three months after the commencement of this Act, and the twelve directors then elected, together with the four persons nominated by the Governor, shall collectively form the first board under this Act. Until such elections and nominations have been held and made, the existing committee of management shall continue to manage the hospital, and shall have power to make rules and take such steps as it may consider necessary for the proper carrying out of such elections.

1 0 . A meeting of the members shall be held in

every year, and shall be called by the board of directors

published in Wollongong. by advertisement in any one or more of the newspapers

1 1 . At every annual meeting all the twelve directors elected shall retire, but shall be eligible for re-election, and twelve persons shall be elected directors according to the provisions of this Act in the room of the directors so retiring.

1 2 . When and so often as any person nominated by the Governor ceases to be a director the Governor shall nominate some other person to be a director in his place, and when and so often as any person elected a director

ceases

ceases to be a director, the remainder of the directors representing the class of contributors to which he belonged shall elect his successor.

1 3 . Subject to the provisions of this Act, the board may make, repeal, and alter by-laws for regulating the times and modes of meetings and of transacting business, for fixing the; number of votes of contributors in proportion to the amount of their contributions, for determining the qualification, dis­ qualification, change, retirement, election, and appoint­ ment of directors, medical officers, auditors, executive and other officers, and nursing staff and sub-committees of the hospital, and generally for the management and government of the hospital and of all officers, servants, and patients thereof.
1 4 . A copy of any such by-laws, sealed with the seal of the body corporate, and purporting to be certified by the secretary of the hospital as being correct, shall be received in any court as conclusive evidence of such by-laws, and of the same having been duly made under this Act.
1 5 . The board may invest any funds of the said body corporate which are not in the opinion of such board required to defray the current expenses of the hospital, and any moneys given or bequeathed to or arising from any donation of real or personal property to the hospital in any Government funds or debentures of any Aus­ tralian States, or in any debentures or debenture stock of any municipal corporation in any such States, or of any bank or incorporated company carrying on business therein, or by way of purchase of or mortgage upon

any freehold estate there as well as in bank or deposit	receipts for fixed periods or otherwise, with power from
time; to time and at any time to vary and transfer any such investment for or into any other investment authorised by this Act : Provided that the board may at any time resort to any such investments and sell the same for the purpose of applying the proceeds of any such sale for the purposes of the hospital.
1 6 . The board may from time to time elect and appoint from their own body a house committee and such and so many sub-committees as they may think fit for

transacting

transacting the affairs and business of the hospital with and subject to such powers, privileges, provisions, and conditions as may be expressed and declared by the by-laws.

1 7 .      The board may make provision for the appoint­

ment and support of a medical school and a nursing

and training staff for the hospital.

Miscellaneous.

1 8 .      No irregularity, informality, or illegality in the

election or appointment of any director or officer of the hospital shall render illegal or invalid any act, deed, matter, or thing done or executed or suffered to be done or executed by such director or officer in pursuance of such election or appointment, but any such election or appointment may in such way as may be provided for in the said by-laws be determined by resolution to be good or bad, and if bad the vacancy may be filled in such way as may be provided for in such by-laws, the pro­ visions whereof as to the vitality of any such election or appointment and the acts, deeds, and things done by any director or officer in pursuance of any such election or appointment shall have the force and effect of law.

TRADES