Private Hospitals (Amendment) Act 1954 (NSW)

PRIVATE HOSPITALS (AMENDMENT) ACT.

Act No. 22, 1954.

Elizabeth II, An Act to make further provision with respect No. 2^954. licensing, management and control of

private hospitals and rest homes; to amend the Private Hospitals Act, 1908, and certain other Acts in certain respects; and for pur poses connected therewith. [Assented to, 23rd April, 1954.]

T )E it enacted by the Queen’s Most Excellent Majesty, -13 by and with the advice and consent of the Legis lative Council and Legislative Assembly of New South. Wales in Parhament assembled, and by the authority of the same, as follows ;—

Short title,

1. (1) This Act may be cited as the “ Private Hos-

citationand pitals (Amendment) Act, 1954.”

commence-

ment.

(2) The Private Hospitals Act, 1908, as amended by subsequent Acts and by this Act, may be cited as the Private Hospitals Act, 1908-1954.

(3) This Act shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette.

Private Hospitals (Amendment) Act.

2 . The Private Hospitals Act, 1908, as amended by**®' 22, 1954.

subsequent Acts, is amended—

Araendment

of Act No.

(a)

by omitting section two and by inserting in lieu 14,1908.

thereof the following section:—

Substituted

sei!. 2.

2. In this Act, unless the context or subject Definitions,

matter otherwise indicates or requires,—

“ Birth” includes still-birth and miscarriage

at any period.

“ Building” includes any house, structure, tent, or place, or any part thereof, and the curtilage of any building.

“ License” means license granted under this

Act.

“ Licensed” means licensed under this Act. “ Licensee” means holder of a license under

this Act.

“ Manager” means resident manager of a

private hospital or rest home.

'	“ Patient” means a person received and lodged in a private hospital or rest home. “ Premises” means a building with the appur tenances thereto, and includes land

whether built upon or not.

“ Prescribed” means prescribed by this Act

or the regulations.

“ Private hospital” means a building estab lished or used or intended to be estab lished or used for the treatment for fee or reward of patients but does not include—-

(a)	an institution wholly or in part supported by or receiving financial aid from the State; or
(b)	an incorporated hospital or sep arate institution within the mean ing of the Public Hospitals Act, 1929, as amended by subsequent Acts: or

(d)

54 Private Hospitals (Amendment) Act.

No. 22, 1954.

^ licensed house within the mean ing of the Lunacy Act, 1898-1952;. or

(e)	institutions established or licensed under the Inebriates Act, 1912, as amended by subsequent Acts.

“ Registered” as applied to a nurse means registered or deemed to be registered under the provisions of the Nurses Regis tration Act, 1953.

“ Regulation” means regulation made under

this Act.

“ Rest home” means a building established or used or intended to be established or used to board and lodge for fee or reward patients:—

(a)	who are recuperating from illness or childbirth and who require only nursing care, or
(b)	who on account of age, senility, in firmity, chronic ill-health or other condition, require the exercise of oversight, nursing care and control with or without occasional atten tion by a medical practitioner,

but does not include—

(i) an institution wholly or in part supported by or receiving financial aid from the State; or

(ii) an incorporated hospital or separate institution within the mean ing of the Public Hospitals Act, 1929, as amended by subsequent Acts;

(iii) a private hospital; or

(iv) a licensed house within the

meaning of the Lunacy Act, 1898

1952; or

Private Hospitals (Amendment) Act.

(v)

institutions

established

22, 1964.

licensed under the Inebriates Act,

1912, as amended by subsequent Acts.

“ Treatment” includes the care of or attend

ance upon a patient, the nursing of a

patient, and any treatment of a medical

or surgical nature given to a patient,

whether by a medical practitioner or not.

“ W ard” means any room, verandah or

balcony of a private hospital or rest home

in which patients are received or lodged

for treatment, but does not include any

labour room or operating theatre.

(b)

by inserting at the end of the short heading Short head words “ uwd rest homes” -,

section six the following new subsection:— (Licenses.)

(1a) From and after the expiration of three months after the commencement of the Private Hospitals (Amendment) Act, 1954, no rest home shall be carried on, used, or conducted, except under the authority of a license granted by the Minister on the recommendation of the Board of Health.

(ii) by omitting from subsection three of the same section the word “ hospital” and by inserting in lieu thereof the words “ private hospital or rest home” ;

(iii) by inserting in subsection four of the same section after the word “ hospital” the words “ or rest home” ;

(iv) by omitting subsection five of the same sec tion;

(d) (i) by inserting at the end of subsection one of section seven the following paragraphs:— (AppUca-

The amount of the prescribed license fee shall be paid upon lodgment of any such application made after the commencement of the Private Hospitals (Amendment) Act, 1954.

Such

Private Hospitals (Amendment) Act.

Ho. 22, 1954.

Such amount shall be refunded if a license

is not granted upon such application.

(ii) by omitting subsection two of the same section and by inserting in lieu thereof the following subsection:—

(2) Every such application shall be

accompanied by the prescribed particulars.

Different particulars may be prescribed—

(a)	according to the class of private hospital or rest home for which a license is sought;
(b)	for applications for the first license after the commencement of the Private Hospitals (Amend ment) Act, 1954, for any private hospital or rest home and for a new license for the same private hos pital or rest home upon the expira tion of the period for which an earlier license (granted after such commencement) remained in force.

New sec.

(e) by inserting next after section seven the follow

7a.	ing new section:—
Interim	7a. (1) Where application is made for a license the President of the Board of Health may, pending consideration of the application, grant to the applicant an interim license.
license.

(2)	An interim license shall remain in

force for such period, not exceeding two months, as may be specified in the interim license or until a license is granted whichever is the shorter period:

Provided that the Minister may in any par ticular case and from time to time extend the period during which an interim license may remain in force and any such interim license shall remain in force until the expiration of the period for which it has been so extended or until a license is granted whichever is the earlier.

(3)

Private Hospitals (Amendment) Act.

(3)	An interim license may be revoked

before the expiration of the period specified therein or where the interim license has been extended pursuant to subsection two of this section before the expiration of such extended period if the application for the license is refused.

(f) (i) by inserting in subsection one of section Sec. 8.

eight after the words “ private hospital”

wherever occurring the words “ or rest jieense.)

home” ;

(ii) by inserting in the same subsection after the word “ thereto” the words “ and the provision made for the accommodation of the nursing and other staff of the private hospital or rest home (whether in such house or buildings or elsewhere)” ;

(iii) by omitting subsection three of the same section and by inserting in lieu thereof the following subsections:—

(3) A license shall be granted in respect of one or more classes of private hospitals or rest homes.

(4) Every license shall specify—

(a)	the particular class or classes of private hospitals or rest homes in respect of which it is issued; and
(b)	the maximum number of patients who may be lodged at any one time in each ward of the private hos pital or rest home.

(5) The Minister may, on the recom mendation of the Board of Health, vary the particulars specified in any license by en dorsement on the license.

No such variation shall be made except upon the application of the licensee.

(g)	by omitting from section nine the words “The see.9. license” and by inserting in lieu thereof the cperiodof words “ Any license (other than an interim license.) license) ” ;

(h )

58 Private Hospitals (Amendment) Act.

No. 22, 1954.	(h) by inserting next after section nine the following- new sections:—
9a and 9b.

New seci.

9a. (1) Where a license is granted to two or

Death of	more persons jointly or in common and, during
licensee.	the period for which the license remains in force, any of such persons dies, the license shall, sub ject to this Act, continue in force for the balance of such period, and shall have etfect as if granted to the survivors or survivor of such persons. .
(2) (a) Where a licensee, who was either the sole licensee or the last survivor of any two or more licensees who held the license jointly or in common, dies during the period for which the license remains in force, the license shall, sub ject to this Act, continue in force for the balance of such period, and shall have effect as if granted to the executor or administrator of such licensee.

(b)	The Minister may revoke any

license continued in force by the operation of paragraph (a) of this subsection unless within two months after the death of the licensee or within such further period as the Minister may allow the license is transferred.

Transfer

9b. (1) A license may be transferred by the

of license.

Minister on the recommendation of the Board of

Health.

(2)	Application for a transfer of a license

shall be made by the licensee and the proposed transferee of the license, and shall be accom panied by the prescribed particulars.

The prescribed fee shall be paid upon lodg ment of any such application.

(3) Where a license is transferred it shall have effect for the balance of the period for which it remains in force as if granted to the transferee.

Further

3 . The Private Hospitals Act, 1908, as amended by

amendment

of Act No.

subsequent Acts, is further amended—

14 ,

1 9 0 8 .

Short head

(a) by inserting at the end of the short heading

ing.

appearing immediately before section ten the

words “and rest homes''-,

(b>

Private Hospitals (Amendment) Act.

(b) by omitting section ten and by inserting in lieu thereof the following sections:—

2̂ 1954.

Sibstitu ted

sec. 10 and

nc3w sec. 10a.

10. (1) For every private hospital or rest

home there shall be a manager who may be either and rfsident

the licensee himself or some person appointed

by the licensee.

(2) The manager shall be—

(a)	a legally qualified medical practitioner; or

(b) a registered nurse; or

(c)	a person approved by the Board of Health.

(3) A legally qualified medical prac titioner may be the manager of a private hos pital or rest home of any class.

Where a legally qualified medical practitioner is the manager of a private hospital or rest home, the licensee shall appoint one or more resident assistants of such private hospital or rest home.

Any such resident assistant shall be a nurse who holds the qualifications prescribed for resi dent assistants of private hospitals or rest homes of the class or classes to which such private hospital or rest home belongs.

(4) A registered nurse may be the manager of a private hospital or rest home if she holds the qualifications prescribed for managers of private hospitals or rest homes of the class or any of the classes to which such private hospital or rest home belongs.

Where any such nurse does not hold the quali fications prescribed for managers of any class of private hospital or rest home to which such private hospital or rest home belongs the licensee shall appoint a resident assistant who shall be a registered nurse who holds the quali fications prescribed for managers of that class of private hospital or rest home.

(5)

60 Private Hospitals (Amendment) Act.

No. 22, 1954.	(5) The full name and qualifications of any person appointed as manager or as resident assistant shall forthwith upon such appointment be submitted to the Board of Health for approval.
Any appointment of a person as manager or as resident assistant shall be deemed to have been made subject to the approval of the Board of Health, and shall be terminated forthwith if the Board of Health notifies the licensee that it does not approve of the appointment.
(6) AVhere for any cause whatsoever a manager or a resident assistant is unable to carry out his duties as such for such period as may be prescribed, the licensee shall appoint a person holding the appropriate qualifications required by this section to act as manager or resident assistant, as the case may be.
Where an appointment becomes necessary under this subsection, the full name and quali fications of the person appointed shall be sub mitted to the Board of Health for its approval. Any such appointment shall be deemed to have been made subject to the approval of the Board of Health and shall be terminated forthwith if the Board of Health notifies the licensee that it does not approve of the appointment.
(7) Tf the provisions of this section are not duly complied with the licensee shall be guilty of an offence against this Act.
Besponsi-	10a. The licensee of a private hospital or rest hospital or rest home or cause such private hospital or rest home to be conducted and managed in an efficient manner.
bility	home shall conduct and manage such private
of licensees.
Sec. 13.

(Keeping of

register.)

thirteen after the words “ private hospital”

the words “ or rest home” ;

(ii)

Private Hospitals (Amendment) Act.

(ii)

by omitting from paragraph (a) of the same no. 22,1954. sorting in lieu thereof the words “ private hospital or rest home” ;

(iii) by omitting from paragraph (c) of the same subsection the word “ hospital” and by in serting in lieu thereof the words “ private hospital or rest home” ;

(d)	by inserting in section fourteen after the words See. u. “ private hospital” the words “ or rest home” ;
(e)	by inserting next after section fourteen the New sec. following new section:—

14a. (1) The Board of Health may by notice Provision

. . .

J I T

•

for repairs,

in writing require the licensee oi any private etc.

hospital or rest home to effect such repairs,

alterations, additions or improvements to the

private hospital or rest home or to the accom

modation provided for the nursing and other

staff of the private hospital or rest hom.e

(whether such accommodation is provided in the

premises of the private hospital or rest home

or elsewhere) as may be specified in the notice.

(2) Any licensee who neglects or fails to comply with the requirements of any such notice within the time specified in the notice or within such further time as the Board of Health with the approval of the Minister may allow, shall be guilty of an offence against this Act,

(f)	(i) by inserting in section fifteen after the words Sec. 15.

“ private	hospital’	' ” the words “	or	rest (P seo f	hospital.)
home ’ ’;

(ii) by inserting at the end of the same section the following words and new subsection:— “ or as a private hospital or rest home of a class not specified in the license.

(2) If the provisions of this section are not duly complied with in relation to any private hospital or rest home the licensee shall be guilty of an offence against this Act.”

(g)

Private Hospitals (Amendment) Act.

No. 22, 1954.	(g)	by inserting in section sixteen after the words
Sec. 16.	“ private hospital” wherever occurring the
to manage
(Inquiry as	words “ or rest home” ;

ment.)	(h) by inserting next after section sixteen the
New secs.

16a-16c.	following new sections;—
Revocation	16a. (1) The Minister may, on the recommen dation of the Board of Health, revoke the license granted in respect of any private hospital or rest home if—
of licenses.

(a)	the licensee has been convicted of any offence against this Act or against the Nurses Eegistration Act, 1953; or
(b)	the licensee has been convicted in New South Wales of a felony or mis demeanour, or elsewhere, of any offence which, if committed in New South Wales, would be a felony or misde meanour; or
(c)	the requirements of any notice givem pursuant to section 14a of this Act are not duly complied with; or
(d)	in the opinion of the Board of Health the premises of the private hospital or rest home are insanitary, or insuffi ciently equipped, or the private hospital or rest home is managed or conducted in such a manner that the revocation of the license is necessary in the public interest; or
(e)	if the licensee has for a period of six months or upwards been absent from New South Wales without having made arrangements to the satisfaction of the Board of Health, for the carrying on, use or conduct of the private licspital or rest home during his absence.

(2) Before making a recommendation that any license be revoked under this section the Board of Health shall serve notice in writing upon the licensee that it proposes to make such a recommendation.

Any

Private Hospitals (Amendment) Act.

Any such notice—

2^954.

(a)	shall specify the grounds upon which it will be recommended that the license be revoked;
(b)	shall appoint a time within which the licensee may show cause why the recommendation should not be made.

16b. a revocation, pursuant to section sixteen when

or section 16a of this Act, of the license granted

in respect of a private hospital or rest home effect,

shall not take effect until the expiration of a

period of twenty-one days after notification in

the prescribed manner by the Minister to the

licensee, of such revocation.

If within such period the licensee gives due notice of appeal to a district court, such revoca tion shall not take effect unless and until the revocation is confirmed by the district court or the appeal is for any reason dismissed by that court.

16c. (1) There shall be a right of appeal to a Appeal

district court against the revocation, pursuant

to section sixteen or section 16a of this Act, of	’
the license granted in respect of a private hospital or rest home, and the district court shall have jurisdiction to hear and determine the appeal.
(2) Every such appeal shall be made to the district court having jurisdiction in the district within which the private hospital or rest home is situated and on such appeal the district court may make such order as it thinks proper, having regard to the merits of the case and the public welfare.
(3) Any such appeal shall be in the nature of a rehearing, and shall be made in accordance with rules of court.

( i ) by inserting in section seventeen after the words Sec. 17.

“ private hospital’’ the words “ or rest home” ; (Evidence.)

( ;i)

64 Private Hospitals (Amendment) Act.

No. 22, 1954.	(j)	by omitting section eighteen and by inserting in
Substituted	lieu thereof the following section:—
sec. 18.
Regulations.	18. (1) The Governor may, on the recom mendation of the Board of Health, make regula tions not inconsistent with this Act prescribing all matters which by this Act are required or permitted to be prescribed or which are neces sary or convenient to be prescribed for carrying out or giving etfect to this Act.

(2)	Without prejudice to the generality

of the power conferred by subsection one of this section the Governor may, on the recommenda tion of the Board of Health, make regulations—

(a)	for the licensing, management and in spection of private hospitals and rest homes;
(b)	prescribing classes of private hospitals and rest homes and the class of patient who may be received and lodged in any specified class of private hospital or rest home;
(c)	prescribing the qualifications for mana gers and resident assistants of private hospitals and rest homes;
(d)	prescribing the forms to be used for the purposes of this Act;
(e)	yirescribing structural requirements as to buildings carried on, used or con ducted or intended to be carried on, used or conducted as a private hospital or rest home including lighting, venti lation, drainage and provision of fire escapes, and the accommodation to be provided for patients, nurses, domestic staff and other persons;
(f)	prescribing requirements as to furnish ing and equipment of private hospitals and rest homes and the provision and structural requirements of operating

theatres.

Private Hospitals (Amendment) Act.

theatres, labour rooms, nurseries or

22, 1954.

other specified portions of a private

hospital or rest home;

(g)	prescribing requirements as to the num ber and qualifications of nursing staff in private hospitals or rest homes;
(h)	prescribing requirements as to the number of domestic staff in private hos pitals or rest homes;

(i) prescribing requirements as to methods and apparatus to be used in cleansing or disinfecting buildings, furnishings or equipment in or in connection with pri vate hospitals or rest homes;

(j)	prescribing requirements as to isolation or removal from a private hospital or rest home of persons suffering from in fectious disease;
(k)	regulating or prohibiting the admission into a private hospital or rest home of persons suffering from any infectious disease or other specified condition;
(l)	prescribing the number and type of sanitary conveniences in private hos pitals or rest homes to bo provided for each sex;
(m)	prescribing the methods of disposal of refuse and other material from private hospitals or rest homes;
(n)	for preventing and remedying over crowding of any ward in a private hos pital or rest home;
(o)	regulating the keeping of birds or ani mals on the premises of private hos pitals or rest homes;
(p)	regulating the disposition of dead bodies on the premises of private hos pitals or rest homes;

t 83921—8

(f i)

C6	Private Hospitals (Amendment) Act.

No. 22, 1954.

(q)

regulating the cleanliness of premises,

furnishings or equipment in private

hospitals or rest homes;

(r) regulating or prohibiting the perform- anre of any specified surgical operation

■

in private hospitals or rest homes;

(s)	prescribing the fee to be paid for the license or the transfer of the license of a private hospital or rest home, and pre scribing different fees for the first license after the commencement of the Private Hospitals (Amendment) Act, 1954, for any private hospital or rest home and for a new license for the same private hospital or rest home upon the expiration of the period for which an earlier license (granted after such com mencement) remains in force;
(t)	prescribing requirements as to site, situation, and distance from other premises of private hospitals or rest homes;
(u)	for the prevention or destruction of flies or other vermin on the premises of private hospitals or rest homes;

(v) prescribing the provision to be made for the storage, preparation and serv ing of food in private hospitals or rest homes.

(3) Any regulation may be made to apply generally to all private hospitals or rest homes, or to any specified class of private hospitals or rest homes or to all private hospitals or rest homes other than those of a specified class.

(4) The regulations may impose a penalty not exceeding fifty pounds for any breach of the regulations.

(5)	The regulations shall—

(a) be published in the Gazette;

(b)

Private Hospitals (Amendment) Act.

(b)

take effect from the date of publication or from a later date to be specified in the regulations;

(c)

be laid before both Houses of Parlia ment within fourteen sitting days after publication if Parliament is in session, and if not, then within fourteen sitting days after the commencement of the next session.

If either House of Parliament passes a resolution of which notice has been given at any time within fifteen sitting days after the regulations have been laid before such House disallowing any regulation or part thereof, such regula tion or part shall thereupon cease to have effect.

(k)

by omitting from section nineteen the words Sec.i9. thereof the words “ any private hospital or rest ^

home licensed.”

‘

4 . The Private Hospitals Act, 1908, as amended by Further

subsequent Acts, is further amended by inserting nextorfctN™

after section nineteen the following new short heading

and sections:—

General provisions.

20. Any person guilty of an offence against this General

Act for which no other penalty is specifically pro vided shall be liable for a first offence to a penalty not exceeding fifty pounds, and for a second or any subsequent offence to a penalty not exceeding one hundred pounds.

21. A certificate purporting to be signed by the Certificate

Secretary of the Board of Health and to certify that-

(a)	on a specified day or days or during the whole of a specified period—

(i) a license or an interim license was or was not in force in relation to a particular private hospital or rest home; or

(ii)

68 Private Hospitals (Amendment) Act.

No. ^^954.

a particular person was or was not the holder of the license or interim license issued in relation to a par ticular private hospital or rest home; or

(iii) the particulars set out in the cer tificate were the particulars speci fied in the license issued in relation to a particular private hospital or rest home; or

(b)	on a specified day the license issued in rela tion to a particular private hospital or rest home expired or was transferred or was revoked or the particulars specified in any such license were altered in the manner set out in the certificate,

shall without proof of the signature of the person purporting to sign such certificate or that he was the Secretary of the Board of Health, be prima facie evidence of the matters certified in and by such cer tificate.

Notices.

22.

(1) Every licensee shall furnish the Board of

Health with an address for the service of notices under this Act.

Such address shall be so furnished at the time of making any application under this Act for the grant or transfer of a license.

(2) Any change of such address shall be noti fied to the Board of Health.

(3) Any notice required or authorised by this Act to be given to or served on a licensee shall be deemed to be sufficiently given or served—

(a) if delivered personally to the licensee; or

(b)	if left for the licensee at the address for service furnished or last notified, as the case may be, to the Board of Health; or
(c)	if sent by post in a prepaid letter addressed to the licensee at the address for service furnished or last notified, as the case may be, to the Board of Health;

and

Private Hospitals (Amendment) Act.

a n d shall be deemed to have been given or served ^o. 22,1954.

at the time when the letter would, in the ordinary

course of post, be delivered.

23. Where under this Act or the regulations any R€coTery of

person is guilty of an offence or is liable to any penalty the matter may be heard and determined in a summary manner before a stipendiary magistrate or any two or more justices in petty sessions.

24. All fees received under this Act shall be paid

to the Consolidated Eevenue Fund.

25. No matter or thing done by the Board of

Health, or b y any member or officer of or person persons,

authorised by the Board of Health shall, if the

matter or thing was done bona fide for the purpose

of executing this Act, subject them or any of them

personally to any action, liability, claim or demand

whatsoever.

.5 . (1) All licenses granted under the Private Hos-Existing pitals Act, 1908, as amended by subsequent Acts, licenses, before the commencement of this Act and in force im

mediately before such commencement shall, subject to the Private Hospitals Act, 1908-1954, continue in force until the thirty-first day of December next after such commencement.

(2) The Private Hospitals Act, 1908-1954, shall, during the period for Avhich any license is continued in force by the operation of subsection one of this section, apply to and in respect of the private hospital to which such license relates, subject to the following modifica tions :—

(a)	Such private hospital may be carried on, used or conducted for the purpose or purposes stated in the license and, whilst so carried on, used or conducted, shall be deemed to be carried on, used or conducted as a private hospital of the class or classes specified in the license.
(b)	Where under section ten of the Private Hospitals Act, 1908-1954, the appointment of a resident assistant would be required, such appointment shall be made not later than one month after the commencement of this Act.

COAL