Public Hospitals (Amendment) Act 1959 (NSW)
PUBLIC HOSPITALS (AMENDMENT) ACT.
Act No. 30, 1959.
An Act to make certain provisions with respect to The EUzabethn,
Prince Henry Hospital and the retiring ages o f certain hospital directors and employees; for these and other purposes to amend the Public Hospitals Act, 1929, and certain other Acts; to repeal the Prince Henry Hospital Act, 1936; and for purposes connected therewith. [Assented to, 7th December,
1959.]
T IE it enacted by the Queen’s Most Excellent Majesty, by " and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows: —
1. (1) This Act may be cited as the “Public Hospitals Short title,
| (Amendment) Act, 1959”. | citation and conimence- |
(2) The Public Hospitals Act, 1929, as amended by“ ®“‘‘
subsequent Acts and by this Act and by orders of the Governor pursuant to section four of the Public Hospitals Act, 1929, may be cited as the Public Hospitals Act, 1929-1959.
(3) This Act shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette.
2. (1) The Public Hospitals Act, 1929, as amended, is Amendment
| amended— | g' |
| (a) | (i) | the words “or the Royal North Shore Hospital (Applica- |
| by omitting from subsection three of section four Ssc. 4. words “, the Royal North Shore Hospital of Sydney or the Prince Henry Hospital” ; |
67859—7
194 Public Hospitals (Amendment) Act.
| No. 30,1959. | ( ii) b y inserting at the end of subsection six of the Cg) On the day upon whidi jan order is published pursuant to this section adding to the Second Schedule the name of the Prince Henry Hospital— |
| ---- | same section the following new paragraph ; —^ |
(i) the Prince'Henry Hospital Act, 1936, shall be repealed;
(ii) the Third Schedule shall be amended by omitting the words “The Prince Henry 'Hospital”.
| Sec. 22. | (b) by inserting-at the “cnd b f ■paragraph fa) of subsec- |
| (Boardof | tion two of -section twenty-two the following |
| Directors.) | words ; — |
| A person who is of or above the age of seventy years shall not be eligible for appointment as a director. |
| Sec. 23c. | (c) ‘by inserting at; the m d of section 23c the following |
| (Tenure of | words: |
| office of | |
| directors.) | As from the expiration of a period of six months after the commencement of the Public Hospitals (Amendment) Act, 1959, a director elected or appointed under this Act shall be deemed to have vacated his office .upon .the day on which he attains thesage of seventy years. |
| A director elected or appointed under this Act who has attained the age of seventy years before the commeneemant of the Public Hospitals (Amend ment) Act, 1959, or who attains that age after such commencement but before the expiration of a period of six months after such commencement shall be deemed to have vacated his office upon the expira tion of a period of six months after such xommence- ment. |
| Sec. 24. | (d) by inserting at the end of subsection two of section |
| (Disquali | twenty-four the following new paragraph ; — |
| fication of | |
| elected |
| directors.) | (i) of or above the age of seventy years. |
(e)
Public Hospitals (Amendment) Act.
| (e) by omitting section 32a ; | No. 30,1959. | |
| Sec. 32a. | ||
| (Chaiges | ||
| during | ||
| operation of Agree ment under | ||
| ||
| Benefits Agreement Act. 1946.) |
| (f) | by inserting next after section thirty-three the New |
following new P a rt: —
| P A R T | VIA. |
Prince Henry Hospital.
33a. This Part of this Act shall commence on the Commence-
day upon which an order is published under section
| four of this Act adding to the Second Schedule the | ’ |
| name of the Prince Henry Hospital. |
33b. (1) All persons who, immediately before the Transfer of
commencement of this Part of this Act, were officers, constituted under the Prince Henry Hospital Act, 1936, shall be deemed to have been appointed by the Board of Directors of the Prince Henry Hospital constituted under this Act as officers, employees or members of the medical staff, respectively, of the lastmentioned Board of Directors.
employees or members of the medical staff of the and medfcal
| (2) | Any such person shall retain any rights |
accrued or accruing under the Public Service Act, 1902, the Superannuation Act, 1916, the Local Government (Superannuation) Act, 1927, the Prince Henry Hospital Act, 1936, or any other Act, including the right to continue to contribute to any fund or account and to receive any annual, sick, deferred or extended leave and any payment, pension or gratuity thereunder, and for any such purpose his service as an officer, employee or member of the medical staff of the Board of Directors of the Prince Henry Hospital constituted under this Act shall be deemed to be service for the purpose of any such Act.
( 3 )
196 Public Hospitals (Amendment) Act.
| No. 30,1959. | (3) | No such person shall be entitled to claim |
benefits under this Act as well as under any other
Act for the same period of service.
| Appoint | 33c. (1) The Board of Directors of the Prince |
| ments |
| to medical | Henry Hospital shall not make any appointment to |
| staff. | the medical staff of the hospital unless— |
| (a) | an advertisement inviting applications for such appointment has been published in the Medical Journal of Australia, or, where such publication cannot be effected, in a Sydney daily newspaper; | |
| (b) | all such applications have, until the Prince Henry Hospital Medical Appointments Advisory Committee has been constituted as hereinafter provided, been referred to the Medical Appointments Advisory Com mittee nominated by the Commission, and as from the constitution of the Prince Henry Hospital Medical Appointments Advisory Committee, been referred to that Commit tee; | |
| (c) | any recommendations, made by the Committee to whom such applications have been referred, have been taken into con- •sideration by the Board of Directors of the Prince Henry Hospital. | |
|
Henry Hospital Medical Appointments Advisory Committee consisting of seven medical practitioners appointed by the Board of Directors of the Prince Henry Hospital.
Of the members : —
| (a) | two shall be medical practitioners from a panel nominated by the Senate of the University of Sydney; |
| (b) | two shall be medical practitioners from a panel nominated by the Council of the University of New South Wales. |
A
| Public Hospitals (Amendment) Act. | 197 |
A medical practitioner who is a member of the No. 30,1959.
| Board of Directors of the Prince Henry Hospital | ’ |
| shall not be eligible for appointment as a member of the Prince Henry Hospital Medical Appointments Advisory Committee. |
| (3) | The Medical Appointments Advisory |
Committee nominated by the Commission or the Prince Henry Hospital Medical Appointments Advisory Committee in making any recommenda tions to the Board of Directors of the Prince Henry Hospital under this section shall do so with the view to informing such Board of the Committee’s opinion as to the applicants best qualified for the relevant appointments to the medical staff.
| 33d. The Board of Directors of the Prince Henry Facilities | i |
| Hospital shall establish and maintain facilities for | I |
| undergraduate teaching in medicine in co-operation and post- with the University of New South Wales and for fg'̂ ĉhin̂g in i post-graduate teaching in medicine in co-operation medicine, with the University of Sydney and the University of New South Wales. |
33e. The Board of Directors of the Prince Henry Accommo-
Hospital shall from time to time make available prolddê d
| such number of beds as may be necessary for the for | > |
| treatment of infectious diseases according to tfie prevailing circumstances. | |
| Such number shall not exceed at any one time one hundred unless the Commission has directed that a number in excess of one hundred be so made available in which case the Board of Directors of the Prince Henry Hospital shall make available as aforesaid such number of beds as the Commission specifies in the direction. |
33f . The Board of Directors of the Prince Henry Accommo-
| Hospital shall conduct and maintain such number of | ; |
| beds for private and intermediate patients as the intenne- | i |
diate
| Commission may determine. | patients. | j |
(g)
198 Public Hospitals (Amendment) Act.
| No. 30,1959. | (g) | by inserting next after .section 40a the following |
| New sec. | new sections; — | |
| 40b. | ||
| executive |
| Chief | 40b. (1) No person shall be appointed to the |
| oiBcers and | position of chief executive officer or matron of any |
| matrons of | hospital, or to such other positions on the staff of |
| hospitals. | any hospital as the Governor on the recommenda tion of the Commission may by order published in the Gazette extend the provisions of this section,— |
| (a) | unless the Commission has approved of such appointment; or |
| (b) | if such person is of or above the age of sixty-five years. |
(2) Any person who—■
| (a) | at the commencement of the Public Hospitals (Amendment) Act, 1959, or the date on which an order is published under subsection one of this section holds the position of chief executive officer or matron of any hospital or the position on the staff of any hospital to which the provisions of this section extend by virtue of such order, as the case may require, and has attained the age of sixty-four years or more shall upon the expiration of a period of one year after such commencement or date, as the case may require, retire from such position; |
| (b) | not being a person referred to in paragraph (a) of this subsection, holds the position of chief executive officer or matron of any hospital or the position on the staff of any hospital to which the provisions of this section extend as aforesaid shall retire from such position upon the day upon which such person attains the age of sixty- five years. |
(3) “Chief executive officer” means the
person whether designated chief executive officer,
secretary, manager, medical superintendent or
otherwise
| Public Hospitals (Amendment) Act. | 199 |
otherwise who is responsible to the board of any No. 30,1959.
hospital, or other the authority governing and manag
ing any hospital, for the carrying out of the directions
of such board or authority in the government and
management of the hospital, or for the supervision
of the administration of the hospital.
40c. (1) The Governor, on the recommendation Directors
of the Commission, may, by order published in the n̂stUutfons Gazette, declare that the provisions of subsection—vacation two of this section shall apply to any separate
institution named in such order as from a date to be specified in such order. Such provisions shall apply accordingly.
(2) As from the date from which the provi sions of this subsection apply to any separate institution; —
| (a) | no person of or above the age of seventy years shall be eligible for appointment or election as a director or member of the board, council or other authority governing and managing such separate institution ; |
| (b) | a director or member of the board, council or other authority governing and managing such separate institution shall upon the day on which he attains the age of seventy years be deemed to have vacated his olTic(i. |
A director or member of the board, council or other authority governing and managing a separate institution to which the provisions of this subsection have been applied who has attained the age of seventy years before the date from which the provi sions of this subsection apply to such separate institution or who attains that age after such date but before the expiration of a period of six months after such date may, subject to any provisions other than those applicable by virtue of this subsection, continue to hold office as such a director or member until the expiration of the said period and shall thereupon be deemed to have vacated his office as such.
(3)
200 Public Hospitals (Amendment) Act.
| No. 30,1959. | (3) Nothing in this section shall apply to or in respect of a director or member of the board, council or other authority governing and managing a separate institution to which the provisions of sub section two of this section have been applied who ex-officio holds office as such director or member. |
| (4) This section shall have effect notwith standing anything contained in any Act, memoran dum or articles of association or elsewhere relating to the constitution of any separate institution to which the provisions of subsection two of this section have been applied. |
| Third | (h) (i) by omitting from the Third Schedule the |
| Schedule. | words; — |
The Wallsend Mining District Hospital.
The Newcastle Hospital.
The Illawarra Cottage Hospital.
The Vegetable Creek Hospital.
The Hawkesbury Benevolent Society and
Hospital.
(ii) by omitting from the same Schedule the words: —̂
The Royal North Shore flospital of
Sydney.
(2) Subparagraph (i) of paragraph (h) of subsection one of this section shall be deemed to have commenced upon the twenty-ninth day of January, one thousand nine hundred and thirty-seven.
Subparagraph (ii) of paragraph (h) of subsection one of this section shall be deemed to have commenced upon the fourth day of February, one thousand nine hundred and thirty- eight.
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