Public Hospitals (Amendment) Act 1970 (NSW)

PUBLIC HOSPITALS (AMENDMENT) ACT.

ANNO UNDEVICESIMO

ELIZABETHS II BEGINS

Act No. 73, 1970.

An Act relating to certain organisations or institu­ tions established in connection with hospitals, the payment of subsidies to separate institutions and the payments to be made by certain patients for relief received by them; for these and other purposes to amend the Public

November, 1970.] BE

Hospitals Act, 1929; and for purposes

connected therewith. [Assented to , 27th

T>E 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) This Act may be cited as the "Public Hospitals (Amendment) Act, 1970".

1.

(2 ) The several provisions of this Act shall commence

upon such day or days as may be appointed by the Governor in respect thereof and notified by proclamation published in the Gazette.

1. (1 ) The Public Hospitals Act, 1929, is amended—

(a)	(i)	by inserting next after the matter relating to
Part V in subsection two of section one the following new matter :—

P A R T VA.—ASSOCIATED ORGANISATIONS.

DIVISION 1.—General.

DIVISION 2.—Provisions Applicable to

and in respect of certain

Associated Organisations.

(ii)   by inserting at the end of the same subsection

the words "FOURTH SCHEDULE." ;

(b) by inserting next before the definition of "Board"

in section three the following new definition :—

"Associated organisation" means an organisation

or institution mentioned in the Fourth

Schedule to this Act.

(c) by inserting in subsection one of section four after

the word "Act" the words "(other than Part V A ) " ;

(d)	by inserting in section nine after the word
"hospital" wherever occurring the words "or associated organisation";

(e)

(e)	(i)	by inserting in paragraph (c) of section eleven after the word "hospitals" the words "and associated organisations";
(ii)	by inserting in paragraph (d) of the same section after the word "hospitals" the words "and associated organisations" ;
(iii)	by inserting in paragraph (e) of the same section after the words "any hospital" the words "or associated organisation";
(iv)	by inserting at the end of the same section the following new subsection :—

(2) The Commission may—

(a)	make or cause to be made careful inquiry into the administration and management of any associated organisation; or
(b)	cause any associated organisation to be inspected from time to time.

(f) (i) by inserting in subsection six of section 11B after the word "hospital" where firstly occurring the words ", or the board of direc­ tors of an associated organisation to which Division 2 of Part V A of this Act applies,";

(ii) by inserting in the same subsection after the word "hospital" where secondly occurring the words "or organisation";

(g) (i) by inserting in paragraph (a) of subsection two of section seventeen after the word "hospitals" the words "and associated organisations";

(ii)

(ii)    by inserting at the end of the same section the

following new subsection : —

(6) In determining what associated organi­ sations shall be subsidised and what amount of money shall be paid out of the Hospital Fund to each associated organisation the Commission may take into consideration such matters as it thinks fit.

(h) by inserting next after Part V the following new

Part :—

P A R T V A .

ASSOCIATED ORGANISATIONS.

DIVISION 1.—General.

29B. (1) The Governor, on the recommenda­ tion of the Commission—

(a) may, by order published in the Gazette,

amend the Fourth Schedule to this Act by inserting in the first column thereof the name or a description of an organisa­ tion or institution whose object, or one of whose Objects, i s—

(i) the professional, technical or

other education or the profes­

sional, technical or other training of any persons employed or to be employed in one or more hospitals; or

(ii)   the supply of goods or substances,

or of services, to one or more
hospitals; and

(b)

(b) if the exclusive or principal object of the organisation or institution is an object referred to in paragraph (a ) of this subsection, may, by the same or a subsequent order—

(i)   appoint a board of directors for the organisation or institution; and

(ii)   amend the Fourth Schedule to this Act by inserting in the second column thereof (opposite the name or description of the organisation or institution) the corporate name of that board.

(2 ) The Governor, on the recommenda­ tion of the Commission, may by order published in the Gazette, amend the Fourth Schedule to this Act by altering any matter relating to any associated organisation or by removing the whole of that matter.

(3 ) The Fourth Schedule as amended in pursuance of this section shall be the Fourth Schedule to this Act.

29c. (1) So much of the provisions of section
40B of this Act as is applicable to or in respect of

any hospital shall be applicable mutatis mutandis

to or in respect of any associated organisation.

(2 ) So much of the provisions of section
17A, section thirty-seven, subsection one of section

37A and section 40c of this Act as is applicable

to or in respect of any separate institution shall be applicable mutatis mutandis to or in respect of any associated organisation, not being an associated organisation to which Division 2 of this Part applies.

DIVISION

DIVISION 2.—Provisions Applicable to and in respect of Certain Associated Organisations.

29D. In this Division, except in so far as the

context or subject-matter otherwise indicates or
requires—

"board" means the board of directors of an associated organisation to which this Division applies;

"director" means a person appointed in accordance with the provisions of this Division as a director of an associated organisation to which this Division applies.

29E . This Division applies to an associated organisation if the corporate name of its board is contained in the second column of the Fourth Schedule to this Act.

29F . Upon the publication in the Gazette of an order under section 29B of this Act amending the Fourth Schedule to this Act by inserting in the second column thereof the corporate name of a board, that board shall be a body corporate with that corporate name.

29G. (1 ) An associated organisation to which

this Division applies and its property shall be

governed and managed by its board.

(2) The board of such an associated organisation shall, for all purposes connected with the associated organisation, represent the associated organisation.

(3 ) A board shall consist of not less than

three nor more than twelve directors.

(4 )

(4) Subject to subsection three of this section, the Governor, on the recommendation of the Commission, may by order published in the Gazette—

(a) appoint a person as an additional director of such an associated organisation;

(b ) remove any director from office; or

(c) appoint a person as a director of such an associated organisation in the place of another director thereof.

(5) A director shall—

(a)	assume office on the day on which he is appointed; and
(b)	cease to hold office on the day on which he is removed from office or his successor is appointed, as the case may be.

(6 ) The Governor, on the recommenda­ tion of the Commission, may by order published in the Gazette appoint one of the directors of such an associated organisation to be chairman of the board of the associated organisation.

(7) The prescribed number of directors
present at any meeting of a board shall form a

quorum and any duly convened meeting at which a

quorum is present shall be competent to transact

any business of the board and shall have all the powers and authority by this Act conferred on the board.

(8) In subsection seven of this section,

"the prescribed number of directors" means—

(a)	where there are not more than three
directors for the time being—two

directors;

(b)

(b)	where there are not less than four nor more than five directors for the time being—three directors;
(c)	where there are not less than six nor more than seven directors for the time being— four directors; or
(d)	where there are not less than eight
directors for the time being—five

directors.

(9) A person who is of or above the age of seventy years shall not be eligible for appoint­ ment as a director.

(10) A director shall be deemed to have vacated his office upon the day on which he attains the age of seventy years.

29H. The board of an associated organisation to which this Division applies may, with the approval of the Commission, make by-laws not inconsistent with the provisions of this Act and of the regulations—

(a)	regulating the times and modes of meet­ ing and transacting business;
(b)	providing for the appointment of a secretary and officers of the associated

organisation;

(c) providing for the management and

government of officers of the associated

organisation; and

(d) fixing fees or charges that may be demanded by the board in connection with the carrying out of the object of the associated organisation, as referred to in paragraph (b) of subsection one of section 29B of this Act.

29i.

29i. (1 ) So much of the prescribed provisions as is applicable to or in respect of incorporated hospitals, boards of incorporated hospitals or bodies corporate constituted by Part IV of this Act, as the case may require, shall be applicable mutatis mutandis to or in respect of associated organisa­ tions to which this Division applies, boards of such associated organisations or bodies corporate constituted by this Division.

(2 ) In subsection one of this section, "the prescribed provisions" means section thirteen (except paragraphs (c) and (d) of subsection one and paragraphs (a ) and (b) of subsection three), section fourteen (except paragraph (e) of subsec­ tion one) , section fifteen, subsection three of section eighteen, section nineteen, section twenty, section twenty-six, section twenty-seven, subsection two of section twenty-eight, section twenty-nine, section 29A, section thirty-seven and subsection one of section 37A of this Act.

(i) ( i) by inserting next after paragraph (p) of subsection one of section forty-two the following new paragraph :—

( p i ) the administration and management of any associated organisation or any portion thereof;

(ii)	by inserting next after subsection three of the same section the following new subsection : —
(3A) A regulation may apply to associated organisations generally or to any particular associated organisation or class of associated organisations specified in the regulation, or to associated organisations situated in any speciiied portion of the State.

(J)

(j) by inserting next after the Third Schedule the following new Schedule :—

FOURTH SCHEDULE.

First Column. Second Column.

Name or Description of	Corporate Name of
Associated Organisation.	Board of Associated Or­ ganisation, where Appoin­ ted under Part V A .
The Australian Red Cross Society in respect of

Blood	Transfusion	Ser­
vice.

The N e w South Wales

College of Nursing.

(2) The name of The Australian Red Cross Society in respect of Blood Transfusion Service is hereby removed from the Third Schedule to the Public Hospitals Act, 1929.

(3) The name of The New South Wales College of Nursing is hereby removed from the Third Schedule to the Public Hospitals Act, 1929.

3.      The Public Hospitals Act, 1929, is further amended

by inserting next after section seventeen the following new

section : —

17A. (1) Before paying any sum from the Hospital Fund to a separate institution, the Commission may require—

(a)	the governing authority of the separate institution; or
(b)	if the property of the separate institution is vested in some persons who do not constitute the governing authority of the separate institution—

(i) those persons; or

(ii)

(ii)   those persons and the governing authority,

to enter into an agreement with the Commission under
this section.

(2) An agreement entered into under this section in relation to a separate institution shall make provision for or with respect to requiring the repayment to the Commission, in the circumstances specified in, or to be determined in accordance with, the agreement, of the sum referred to in subsection one of this section or such part of that sum as is specified in, or to be determined in accordance with, the agreement.

(3 ) No breach of trust shall be deemed to have occurred by reason of the fact that the trustees of a separate institution have—

(a) entered into an agreement under this section;

(b)	repaid to the Commission any sum in accordance with the agreement; or
(c)	done or performed any act or thing necessary or convenient to be done or performed for the purpose of enabling them to enter into such an agreement or repay such a sum.

4.      The Public Hospitals Act, 1929, is further amended—

(a)	by omitting paragraph (c) of subsection one of section twenty-eight;
(b)	(i) by omitting subsection one of section thirty and by inserting in lieu thereof the following subsection :—

(1) Subject to this Act, every patient who
receives relief from any hospital shall be

liable to contribute towards the funds of that

hospital

hospital according to his means such sum in respect of that relief as is calculated in accordance with the scale of fees under subsection eight of this section.

(ii)   by inserting next after subsection seven of the same section the following new subsection : —

(8) The Minister may, from time to time, by notice published in the Gazette—

(a)	fix a scale of fees for relief received from any hospital; and
(b)	amend or revoke any scale of fees so fixed.
TRAFFIC