Public Hospitals (Amendment) Act 1976 (NSW)

ileb ^outi) Wales(

ANNO VICESIMO QUINTO

ELIZABETHS II BEGINS

Act No. 95, 1976.

An Act to amend the Public Hospitals Act, 1929, in relation to the incorporation of hospitals, the amalgama­ tion of incorporated hospitals and the election and appointment of directors of hospitals; to enable the granting, amendment and revocation of privileges in respect of medical practitioners and dentists; to confer

rights

Act No. 95, 1976.

Public Hospitals {Amendment).

rights of appeal on medical practitioners and dentists against certain decisions of hospital boards and recommendations of credentials committees; to vaUdate certain matters; to repeal the Public Institutions Inspection Act, 1901, and certain other enactments; and to amend the Defamation Act, 1974, to provide a defence of absolute privilege in respect of certain decisions of hospital boards. [Assented to, 8th December, 1976.]

O E it enacted by the Queen’s Most Excellent Majesty, by -D 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:—

Short title. !• This Act may be cited as the “Public Hospitals (Amendment) Act, 1976”.

Commence- 2. (1) Except as provided in subsections (2), (3), (4),

ment.	(5)	gjjall commence on the date of assent to
this Act.

(2) Section 4 shall, in its application to a provision of Schedules 1-4, commence or be deemed to have commenced on the day on which that provision commences or is deemed to have commenced, as the case may require.

(3) Schedule 1 (2) (b) and (14) (b) and (c) shall be deemed to have commenced on 3rd September, 1976.

(4) Schedule 1 (9) (a) shall be deemed to have commenced on 1st March, 1935.

(5)

Act No. 95, 1976.

Public Hospitals {Amendment).

(5) Section 8 and Schedules 2 and 6 shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

(6) Schedule 3 shall commence on such day, not being earlier than the day appointed and notified under subsection (5) in respect of section 8 and Schedules 2 and 6, as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

3. This Act contains the following Schedules :— Schedules.

SCHEDULE 1.—Miscellaneous Amendments to

THE Public Hospitals Act, 1929.

SCHEDULE 2.—Amendments to the Public

Hospitals Act, 1929, R elating to Appeals.

SCHEDULE 3.—Amendments to the Public

Hospitals Act, 1929, R elating to Privileges.

SCHEDULE 4.—Amendments to the Public

Hospitals Act, 1929, by way of Statute Law

R evision.

SCHEDULE 5.—R epeals.

SCHEDULE 6.— Amendment to the Defamation

Act, 1974.

4. The Public Hospitals Act, 1929, is amended in the Amend-

manner set forth in Schedules 1-4. o

Act No. 8,

1929.

5.      (1) Each body known by a name set out under the validation

heading “Corporate Name.” in the Second Schedule to the

Public Hospitals Act, 1929, the name of which was included hospitals,

in the Second Schedule to that Act on the commencement of

that Act, shall be deemed to be and always to have been

validly incorporated under that Act.

'2 )

Act No. 95, 1976.

Public Hospitals {Amendment).

(2) Each body known by a name set out under the

heading “Corporate Name.” in the Second Schedule to the Public Hospitals Act, 1929, the name of which was added to the Second Schedule to that Act after the commencement of that Act and before the commencement of this section, shall be deemed to have been validly incorporated under section 18 (2) of the Public Hospitals Act, 1929, as amended by this Act. as if section 18 (2) of the PubUc Hospitals Act, 1929, as amended by this Act, had been in force on the date on which the name of that body was added to the Second Schedule to the Public Hospitals Act, 1929, but nothing in this subsection affects any power, authority, duty or function validly exercised or performed by such a body before the commencement of this section.

Transitional 6 .

Subject to this Act, a person who, immediately before assent to this Act, was a director of an incorporated hospital within the meaning of the Public Hospitals Act, 1929, shall continue to be a director and shah, hold the office of director on the same terms and conditions as he held that office under the Public Hospitals Act, 1929, immediately before the date of assent to this Act—

director ”̂

(a)	for the same period as he would have held that office under the Public Hospitals Act, 1929, had this Act not been enacted; or
(b)	for a period of 5 years from the date of assent to this Act,

whichever is the lesser.

Repeals. 7.

Each Act specified in Column 1 of Schedule 5 is, to

the extent specified opposite that Act in Column 2 of Schedule

5, repealed.

Act No. 95, 1976.

Public Hospitals {Amendment).

8.     The Defamation Act, 1974, is amended in the manner Amendment

set forth in Schedule 6. 11^974°’

SCHEDULE 1. Sec. 4.

M iscella n eo u s A m e n d m e n t s to t h e P u blic H ospitals

A c t , 1929.

(1) Section 3, definition of “Dentist”—

After the definition of “Commission”, insert:—

“Dentist” has the meaning ascribed thereto in the

Dentists Act, 1934.

(2) (a) Section 11 (1) (a )- (b 2 )—

Omit section 11 (1) (a) and (b), insert instead :—

(a) to initiate, promote and facilitate the achievement and maintenance of ade­ quate standards of—

(i)

patient care within hospitals;

and

(ii) services provided by hospitals;

(b) to initiate, promote and facilitate the efficient and economic operation of hos­ pitals consistent with the standards referred to in paragraph ( a ) ;

SCHEDULE

Act No. 95, 1976.

Public Hospitals {Amendment).

SCHEDULE 1—continued.

Miscellaneous Amendments to the Public Hospitals

Act, 1929—continued.

(b l) to make or cause to be made careful

inquiry into the standards of—

(i)

administration and management

of any hospital; and

(ii) services provided by hospitals;

(b2) to cause hospitals to be inspected from

time to time;

(b) Section 11 (3) —

After “may”, insert “amalgamate or”.

(c) Section 11 (4 ) - (6 )—

After section 11 (3), insert: —

(4) The Commission may authorise a person to carry out inspections for the purposes of this section and a person so authorised shall be provided by the Commission with a certificate of his authority in the prescribed form.

(5) A person authorised under subsection (4) in exercising or performing in any place any power, authority, duty or function under this section shall, if so required by a person apparently in charge of that place or of any work carried out therein, produce the certificate of his authority to that person.

SClffiDULE

Act No. 95, 1976.

Public Hospitals (Amendment).

SCHEDULE 1—continued.

Miscellaneous Amendments to the Public Hospitals

Act, 1929—continued.

(6) A person authorised under subsection (4)

may at any reasonable time—

(a)	enter and inspect a hospital or an associated organisation; and
(b)	without limiting the generality of
paragraph (a )—

(i)   make such examination and inquiry as he thinks necessary to assist the Commission in the performance of its powers,

authorities, duties and

functions under this section;

(ii)   take copies of, or extracts or notes from, any accounts, records, books, documents or other things at a hospital or an associated organisation; and

(iii)   require the chief executive officer of a hospital or an associated organisation or, in the absence of the chief executive officer, any person to produce any accounts, records, books, documents, goods or other things in the possession or under the control of the chief executive officer or that person which relate to, or which the person authorised under subsection (4) believes on reasonable grounds relate

SCHEDULE

Act No. 95, 1976.

Public Hospitals {Amendment).

SCHEDULE 1—continued.

Miscellaneous Amendments to the Public Hospitals

Act, 1929—continued.

to, the operation or administra­ tion of that hospital or associated organisation.

(3) (a) Section 14 (1) (a )—

Omit “the subscribers for the time being thereto”.

(b) Section 14 (1) (e)—

Omit “of members of boards of the new hospital to be held pursuant to this Act when they shall aU go out of oflSce and a new board shall be elected in accordance with this Act, and any member of the retiring board (if otherwise quahfied) shall be eligible for re-election pur­ suant to the provisions of Part V”, insert instead “or the next appointment of members of the board of the new hospital in accordance with this Act when they shall all go out of office and any member of the retiring board shall, if otherwise qualified, be eligible for re-election or re­ appointment in accordance with this Act”.

(4) Section 18 (2) —

Omit the subsection, insert instead :—

(2) Upon the publication of an order in the

Gazette under section 4 (2) adding the name of a hospital to the Second Schedule—

(a) if the hospital is not a body corporate—the hospital shall thereby be constituted a body corporate under this Part; or

SCHEDULE

Act No. 95, 1976.

Public Hospitals {Amendment).

SCHEDULE 1—continued.

M iscella n eo u s A m e n d m e n t s to t h e P u b l ic H o spita ls

A c t , 1929— continued.

(b) if the hospital is a body corporate—the hospital shall cease to be that body cor­ porate and shall thereby be constituted a body corporate under this Part,

with the corporate name set out in the order.

(5) Section 19 (1) (b )—

After “body corporate”, insert “but land vested in the Commission shall not become vested in the body corporate”.

(6) Section 20—

After “body corporate” where secondly occurring, insert “to acquire land by purchase, lease or exchange or”.

(7) Section 21—

Omit the section.

(8) Section 21a—

Before section 22, insert

21a . In this Part—

Interpre­

tation:

“appointed director” means a director appointed by the Minister under section 22 (2 );

“elected director” means a director elected by the subscribers of a hospital.

SCHEDULE

Act No. 95, 1976.

Public Hospitals {Amendment).

SCHEDULE 1—continued.

Miscellaneous Amendments to the Public Hospitals

Act, 1929—continued.

(9) (a) Section 22 (1a)—

Omit “On and from the first day of March, one thousand nine hundred and thirty-five, each board of a hospital incorporated under the pro­ visions of this Act shall be reconstituted and”, insert instead “Each board of a hospital incor­ porated under the provisions of this Act”.

(b) Section 22 (1a) —

Omit “and appointed”, insert instead “, appointed or partly elected and partly appointed”.

(c) Section 22 ( 2 ) - ( 2 b ) —

Omit section 22 (2), insert instead :—

(2) The Minister may, by notification published in the Gazette, appoint the directors of the board.

(2a) Notwithstanding subsection (2 ), the Minister may from time to time, by notification published in the Gazette, fix, either generally or with reference to a particular hospital, the number of directors who shall be elected directors.

(2b ) The Commission may from time to time, by order published in the Gazette, deter­ mine, with reference to a particular hospital, classes of persons who shall be subscribers of that hospital and may, by the same or a subse­ quent like order, determine the number of directors to be elected by the subscribers of any class.

SCHEDULE

Act No. 95, 1976.

Public Hospitals {Amendment) .

SCHEDULE 1—continued.

Miscellaneous Amendments to the Public Hospitals

Act, 1929—continued.

(10) Section 23c (2), (3 )—

At the end of section 23c, insert:—

(2) Subject to this Act, the term of office of a

director shall be—

(a)	in the case of an elected director—such term as may be prescribed; and
(b)	in the case of an appointed director—such term, not exceeding 5 years, as may be specified in the notification of his appointment.

(3) A director shall, if otherwise qualified, be eligible for re-election or re-appointment from time to time.

(11) (a) Section 24 (2) (b )—

After “hospital;”. Insert “or”.

(b) Section 24 (2) (d), (e), (f), (g), (h), ( i)—

Omit the paragraphs.

(12) Sections 24a, 24b—

After section 24, insert;—

24a. (1) A director shall be deemed to have vacation

vacated his office— o* oflace.

(a) if he dies;

SCHEDULE

Act No. 95, 1976.

Public Hospitals {Amendment) .

SCHEDULE 1—continued.

Miscellaneous Amendments to the Public Hospitals

Act, 1929—continued.

(b)	if he is absent without the leave of the board from 3 consecutive meetings or from 40 per centum of the meetings of the board in any hospital year;
(c)	if he resigns his office by writing under his hand addressed to the Minister and the Minister accepts his resignation;
(d)	if he becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his remuneration for their benefit;
(e)	if he becomes a temporary patient, a con­ tinued treatment patient, a protected person or an incapable person within the meaning of the Mental Health Act, 1958, or a person under detention under Part VII of that A ct;
(f)	if he is convicted in New South Wales of a felony or of a misdemeanour punishable by imprisonment for 12 months or upwards, or if he is convicted elsewhere than in New South Wales of an offence which, if committed in New South Wales, would be a felony or a misdemeanour so punishable;
(g)	if, at any meeting of the board at which he is present and at which any agreement or proposed agreement in which he has a direct or indirect pecuniary interest, or any other matter in which he has such an interest, is the subject of consideration or is included on the agenda for consideration—

SCHEDULE

Act No. 95, 1976.

Public Hospitals {Amendment).

SCHEDULE 1—continued.

Miscellaneous Amendments to the Public Hospitals

Act, 1929—continued.

(i)  he fails, as soon as practicable after the commencement of the meeting, to disclose to the meeting his interest in; or

(ii)   he takes part in the consideration or discussion of, or votes on any question with respect to,

the agreement, proposed agreement or

other matter;

(h) if he is removed from ofHce by the Governor; or

(i)   on the day on which he attains the age of 70 years.

(2) A director shall, for the purposes of

subsection (1) (g ), be deemed not to have a pecuniary interest in an agreement, proposed agreement or other matter if—

(a)	the interest is less than $200 in any hospital year;
(b)	the interest is an interest in common with the members of—

(i) a corporate body; or

(ii)   an unincorporate body, consisting of more than 20 persons and of which he is neither a director, manager nor partner; or

SCHEDULE

Act No. 95, 1976.

PubUc Hospitals {Amendment) .

SCHEDULE 1—continued.

M iscella n eo u s A m e n d m e n t s to t h e P u b l ic H o spita ls

A c t , 1929— continued.

(c) the Commission, having regard to the interests of the hospital and the circum­ stances of the case, declares by resolution that the interest is not an interest to which subsection (1) (g) applies.

Filling	24b. On the occurrence of a vacancy in the office
casual

vacancy	of a director otherwise than by the expiration of the
in office of	term for which he was appointed, the Minister may,
appointed
director.	by notification published in the Gazette, appoint a person to hold office as a director for the balance of his predecessor’s term of office.

(13) Section 25—

Omit the section.

(14) (a) Section 29j (b )—

Omit “alter”, insert instead “by altering”.

(b) Section 29j (b )—

Omit “or”.

(c) Section 29j (b l ) —

After section 29J (b), insert:—

(b l) where the Commission has amalgamated 2 or more hospitals specified in that Schedule—

(i)   if the hospitals were amalgamated under a name which is different from the names of the hospitals amalgamated— b̂y inserting the

SCHEDULE

Act No. 95, 1976.

Public Hospitals {Amendment).

SCHEDULE 1—continued.

Miscellaneous Amendments to the Public Hospitals

Act, 1929—continued.

name under which the hospitals were amalgamated and by remov­ ing the names of the hospitals amalgamated; or

(ii)   if the hospitals were amalgamated under the name of one of the hospitals amalgamated—by re­ moving the name or names of the other hospital or hospitals amalgamated; or

(d) Section 29j ( c ) —

Omit “remove”, insert instead “by removing”.

(15) Section 33c—

Omit the section.

(16) Section 40 (4 )—

Omit the subsection.

SCHEDULE 2. Sec. 4.

Amendments to the Public Hospitals Act, 1929,

R elating to Appeals.

(1) Section 1 (2 )—

Before the matter relating to Part VH, insert:—

PART ViB.— Âppeals.

SCHEDULE

Act No. 95, 1976.

Public Hospitals {Amendment).

SCHEDULE 2—continued.

A m e n d m e n t s to t h e P u b l ic H ospitals A c t , 1929,

R e l a t in g to A ppe a l s—continued.

(2) PartVlB—

Before Part VII, insert:—

PART VIb .

A p p e a l s .

Interpre­	33g. In this Part—
tation:

PL ViB. “appellant” means a person who appeals under

section 33i;

“board” includes, in relation to—

(a)

a separate institution—the governing

body of that separate institution; and

(b)

the hospital constituted under the Prince Alfred Hospital Act, 1902—a. board constituted in accordance with section 21 of that A ct;

“Chairman” means chairman of the Committee; “Committee” means Committee of Review

appointed by the Commission under section

33j (3) ;

“visiting practitioner”, in relation to a hospital, means a medical practitioner or dentist appointed to perform work as a medical practitioner or dentist, as the case may be, at that hospital otherwise than as an employee.

Board to	33h . (1) Where a board—
notify

c e r^n	(a)	appoints or re-appoints a person as a visiting
decisions.	practitioner subject to conditions;

SCHEDULE

Act No. 95, 1976.

Public Hospitals {Amendment).

SCHEDULE 2—continued.

Amendments to the Public Hospitals Act, 1929,

R elating to Appeals—continued.

(b)	decides not to re-appoint a person as a visiting practitioner; or
(c)	suspends or terminates the appointment of a person as a visiting practitioner,

that board shall give notice in writing to that person of its decision within 7 days of the date of that decision.

(2) A person to whom notice is given under

subsection (1) may request the board, in writing, within 14 days of the date of receipt of that notice, to notify him of the reasons for its decision.

(3) Where a board receives a request under

subsection (2), it shall, within 7 days of the date of receipt of that request, notify the person making that request of the reasons for its decision.

33i. (1) Where a person who has been notified Appeals,

under section 33h (3) of the reasons for a decision of a board is dissatisfied with that decision, he may appeal to the Commission.

(2) Where a person is dissatisfied with—

(a) the failure or refusal of a board to make a decision within 30 days of the date of a request from that person to do so concerning his re-appointment as a visiting practitioner;

SCHEDULE

Act No. 95, 1976.

Public Hospitals {Amendment).

SCHEDULE 2—continued.

A mendments to the Public Hospitals A ct, 1929,

Relating to A ppeals— continued.

(b)	the failure or refusal of a board to notify that person in aceordance with seetion 33h
(3) of the reasons for a decision made by

it referred to in section 33h (1),

he may appeal to the Commission.

Notice cC

33 J. (1) An appellant shall, in the prescribed form (2) A notice under subsection (1) shall be given within 1 month, or within such longer period as the Commission may allow, of—

appeal.

and manner, give notice to the Commission of the

grounds of his appeal.

(a)

where the appeal is made under section 33i

(1) — the date on which the board notified

the appellant under section 33h (3 ) of the

reasons for its decision;

(b)

where the appeal is made under section 33i

(2) (a )—the date of expiration of the period of 30 days referred to in section 33i (2) (a ); or

(c) where the appeal is made under section 33i (2) (b )— the date of expiration of a period of 14 days after the making of the request under section 33h (2).

(3) On receipt of a notice under subsection

( D -

(a) the Commission may determine the appeal;

SCHEDULE

Act No. 95, 1976.

Public Hospitals {Amendment).

SCHEDULE 2—continued.

A m e n d m e n t s to t h e P u b l ic H ospitals A c t , 1929,

R ela tin g to A ppe a l s—continued.

(b) the Commission may, by resolution, decide to appoint a Committee of Review to determine the appeal.

33k . (1) Subject to subsections (2) and (3 ), aConsatution

Committee shall consist of—

(a) where any reason for the decision of the board appealed against relates to the professional standard or ability of the appellant or where the appeal is made under section 33i (2) (a) or (b )—

(i)   either 3 or 5 persons nominated by the Commission, one of whom shall be nominated by the Commission as the Chairman;

(ii)   a person nominated by the board concerned; and

(iii) a person nominated by the

appellant; or

(b) except as provided in paragraph (a )—

(i)    a person nominated by the Commission who shall be the Chairman;

(ii)   a person nominated by the board concerned; and

(iii) a person nominated by the

appellant.

SCHEDULE

Act No. 95, 1976.

Public Hospitals {Amendment).

SCHEDULE 2—continued.

Amendments to the Public Hospitals Act, 1929,

Relating to Appeals—continued.

(2) A person shall not be appointed—

(a)	in pursuance of a nomination under sub­ section (1) (a) unless he is a medical practitioner where the appellant is a medical practitioner or a dentist where the appellant is a dentist; or
(b)	in pursuance of a nomination under sub­ section (1) (b) (ii) or (iii) unless the Commission is satisfied that the person nominated is sufficiently experienced in the conduct of hospitals to warrant his being appointed.

(3) If the board concerned or the appellant fails to nominate a person for appointment to the Committee within such time as may be notified to it or him by the Commission, the Commission may nominate a person who shall be a medical practitioner, a dentist or a person sufficiently experienced in the conduct of hospitals to warrant his being appointed, as the case may be, as if it were the party entitled to make the nomination under subsection (1).

(4) A decision of the Commission as to whether a Committee should be constituted as pro­ vided by subsection (1) (a) or (b) shall be final.

Date and	33l . The Commission or Chairman, as the case practicable after the date on which the notice of appeal was received by the Commission, and a place for the hearing of the appeal and shall give 7 days’ notice thereof to the parties to the proceedings.
place of	may be, shall fix a date, being a date as soon as
hearing.

SCHEDULE

Act No. 95, 1976.

Public Hospitals {Amendment).

SCHEDULE 2—continued.

Amendments to the Public Hospitals Act, 1929,

R elating to Appeals—continued.

33m . (1) In any proceedings before the Commis-Right of

sion or a Committee, the parties to the proceedings anoe.̂ "̂

may appear in person or by an agent but no party

shall be represented by counsel or a solicitor except

with the consent of all parties and by leave of the

Commission or Committee, as the case may be.

(2) The proceedings may, at the discretion of the Commission or Committee, as the case may be, be conducted wholly or partly in camera.

33n . (1) The Commission or a Committee shall. Powers

for the purposes of the appeal, have the powers, pr^edure authorities, protections and immunities conferred by before the the Royal Commissions Act, 1923, on a commissioner ^™com-°°

and the chairman of a commission respectively, mittee. the same way as it applies to any witness summoned by or appearing before a commission.

appointed under Division 1 of Part II of that Act, and

that Act, Division 2 of Part II excepted, shall apply to

any witness summoned by or appearing before the

(2) The decision of the Chairman upon any question of law or procedure which may arise before a Committee shall be the decision of the Committee.

33o. (1) The Commission or a Committee shall oetermin-

determine the appeal and may make such order with ation of respect to the matter the subject of the appeal as to ’ the Commission or Committee, as the case may be,

seems proper.

SCHEDULE

Act No. 95, 1976.

Public Hospitals {Amendment).

SCHEDULE 2—continued.

Amendments to the Public Hospitals Act, 1929,

Relating to Appeals—continued.

(2) Where a Committee is appointed to hear an appeal, the Chairman shall notify the Commission in writing of the Committee’s order.

Effect and	33p . An order of the Commission or a Committee
implemen­

tation of	under section 33o—
order.

(a) shall have effect from the date thereof; and

(b) shall be deemed to be the final decision of the board concerned and shall be given effect to accordingly.

Sac. 4. SCHEDULE 3.

A mendments to the Public Hospitals Act, 1929,

Relating to Privileges.

(1) Section 1 (2 )—

After the matter relating to Part V, insert

Division 1.—General.

Division 2.— Privileges.

SCHEDULE

Act No. 95, 1976.

Public Hospitals {Amendment) .

SCHEDULE 3—continued.

A m e n d m e n t s to t h e P u b l ic H ospitals A c t , 1929,

R e la tin g to P rivileges—continued.

(2) (a) Section 3, definition of “Credentials committee”—

After the definition of “Commission”, insert:— “Credentials committee”, in relation to a hospital, means a committee estab­ lished in accordance with the regulations made under this Act, being a committee so established in relation to that hospital or a group of hospitals to which that hospital belongs to make recommenda­ tions to the board of that hospital or a board of a hospital of that group, as the case may be, that a privilege be granted to a medical practitioner or a dentist or that a privilege granted to a medical practitioner or a dentist be amended or revoked.

(b) Section 3, definition of “Privilege”—

After the definition of “Private hospital”, insert:—

“Privilege”, in relation to a medical prac­ titioner or a dentist, means an accreditation granted by a board, on the recommendation of a credentials com­ mittee, accrediting that medical prac­ titioner or dentist, as the case may be, to perform in the hospital governed and managed by that board such work as a medical practitioner or dentist, as the case may be, as is specified in the instrument by which that accreditation is granted.

SCHEDULE

Act No. 95, 1976.

Public Hospitals {Amendment).

SCHEDULE 3—continued.

Amendments to the Public Hospitals Act, 1929,

R elating to Privileges—continued.

(3) Section 4 (1 )—

Omit “Parts IV and V”, insert instead “Part IV and

Division 1 of Part V”.

(4) Part V, heading to Division 1—

Before section 21a, insert;—

Division 1.—General.

(5) Section 21A—

Omit “Part”, insert instead “Division”.

(6) Section 23a—

Omit “Part”, insert instead “Division” .

(7) Part V, Division 2—

After section 29a, insert:—

Division 2.— Privileges.

Interpreta­	29aa. In this Division, “board” includes, in relation
tion: Pt. V,

Div. 2. to—

(a)	a separate institution—the governing body of that separate institution; and
(b)	the hospital constituted under the Prince Alfred Hospital Act, 1902— a board constituted in accordance with section 21 of that Act.

Board may	29ab. Where regulations have been made under
perform­

refuse the	section 29ac, a board may refuse to allow a medical
ance of	practitioner or a dentist to perform any work as a
certain

work. SCHEDULE

Act No. 95, 1976.

Public Hospitals {Amendment).

SCHEDULE 3—continued.

A m e n d m e n t s to th e P u b l ic H ospitals A c t , 1929,

R e la tin g to P rivileges—continued.

medical practitioner or dentist, as the case may be, in the hospital governed and managed by that board—

(a) if he is not the holder of a privilege granted in respect of that work under the regulations

made under section 29ac; or

(b) if, in the opinion of the board, he is unsuitable to perform that work.

29ac. ( 1) The Governor may, on the recommen- Regula-

dation of the Commission, make regulations for or t*®**®-

with respect to—

(a) the granting of privileges to medical practitioners and dentists, whether or not as employees of hospitals;

(b) the establishment of credentials committees;

(c) the qualification, appointment and term of office of members of credentials committees;

(d) the proceedings of credentials committees;

(e) the powers, authorities, duties and functions of credentials committees;

(f) the delineation of privileges;

(g) the amendment and revocation of privileges;

(h) the persons by whom an application for the granting, amendment or revocation of privileges may be made;

(i)   the making of applications for the granting, amendment or revocation of privileges; and

(j) the forms to be used for the purposes of any application to or proceedings before a credentials committee or a board.

SCHEDULE

Act No. 95, 1976.

Public Hospitals {Amendment).

SCHEDULE 3—continued.

A m e n d m e n t s to th e P u b l ic H ospitals A c t , 1929,

R e l a t in g to P rivileges—continued.

(2) Regulations may be made so as to apply

differently according to such factors as may be

specified in the regulations.

(8) (a) Section 33h (1) (b )—

Omit “or”.

(b) Section 33h (1) (c)—

Omit “practitioner,”, insert instead “practitioner;

or”.

(c) Section 33h (1) (d )—

After section 33h (1) (c), insert:—

(d) decides not to grant a privilege to a person in accordance with a recommen­ dation made to it with respect to that person by a credentials committee.

(9) (a) Section 33i (2) (a )—

Omit “or” where secondly occurring. (b) Section 33i (2) (b )—

Omit “section 33h (1 ),”, insert instead “section

33h (1 ) ;”.

(c) Section 33i (2) (c), (d), (e)—

After section 33i (2) (b), insert:—

(c) a recommendation of a credentials committee to a board;

SCHEDULE

Act No. 95, 1976.

Public Hospitals {Amendment).

SCHEDULE 3—continued.

A m e n d m e n t s to t h e P u blic H o spita ls A c t , 1929,

R e la tin g to P rivileges—continued.

(d)	the failure or refusal of a credentials committee to make a recommendation to a board within 30 days of the date of a request from that person to do so; or
(e)	the failure or refusal of a board to make a decision within 30 days of the date of a request from that person to do so con­ cerning the granting of a privilege to him in accordance with a recommendation made to that board with respect to him by a credentials committee.

(10) (a) Section 33j (2) (b )—

Omit “or”.

(b) Section 33j (2) (c)—

Omit “section 33h (2 ).”, insert instead “section

33h (2 ) ;”.

(c) Section 33J (2) (d), (e), (f)—

After section 33J (2) (c), insert:—

(d)	where the appeal is made under section 33i (2) (c)—the date of the recom­ mendation of the credentials committee;
(e)	where the appeal is made under section 33i (2) (d )— t̂he date of expiration of the period of 30 days referred to in section 33i (2) (d ) ;o r

SCHEDULE

Act No. 95, 1976.

Public Hospitals {Amendment).

SCHEDULE 3—continued.

A m e n d m e n t s to t h e P u blic H o spita ls A c t , 1929,

R e l a t in g to P riv ileg es—continued.

(f) where the appeal is made under section 33i (2) (e )—the date of expiration of the period of 30 days referred to in section 33i (2) (e).

(11) (a) Section 33k (1) (a )—

After “appellant”, insert “, not being a reason relating to a matter referred to in section 33i (2) (c) or (d ),”.

(b) Section 33k (1 ) (a) (iii)—

Omit “or”.

(c) Section 33k (1) ( a l ) —

After section 33k (1) (a), insert;—

(a l) where the ground of the appeal relates solely to a ground referred to in section 33i (2) (c) or (d )— either 3 or 5 persons nominated by the Commission, one of whom shall be nominated by the Commission as the Chairman; or

(d) Section 33k (1) (b )—

After “paragraph (a )”, insert “or ( a l ) ”.

(e) Section 33k (2) (a )—

After “subsection (1) (a )”, insert “or ( a l ) ”.

SCHEDULE

Act No. 95, 1976.

Public Hospitals {Amendment).

SCHEDULE 3—continued.

Amendments to the Public Hospitals Act, 1929,

Relating to Privileges—continued.

(f) Section 33k (4 )—

After “subsection (1) (a )”, insert ( a l ) ”.

<12) Section 33p (b )—

After “concerned”, insert “or the final recommenda­ tion of the credentials committee concerned, as the case may be,”.

SCHEDULE 4. Sec. 4.

Amendments to the Public Hospitals Act, 1929, by

WAY OF Statute Law Revision.

(1 ) Section 1 (2 )—

After the matter relating to Part VI, insert:—

PART VIa.—Prince Henry Hospital.

(2) Section 17 (1 )—

Omit “Colonial”.

(3 ) Section 19 (2) (c )—

Omit “, as amended from time to time”.

SCHEDULE

Act No. 95, 1976.

Public Hospitals {Amendment).

SCHEDULE A— continued.

Amendments to the Public Hospitals Act, 1929, by

WAY OF Statute Law Revision—continued.

(4) Section 29b (3 )—

Omit the subsection.

(5) Section 40 (3 )—

Omit “or of any Act amending or replacing such provisions,”.

(6) (a) Section 42 (2 )—

Omit the subsection, insert instead :—

(2) Section 41 of the Interpretation Act, 1897, applies in respect of a regulation made under this Act as if this Act had been passed after the commencement of the Interpretation (Amendment) Act, 1969.

(b) Section 42 (5 )—

After “justices”, insert “of the peace”.

SCHEDULE

Act No. 95, 1976.

Public Hospitals (^Amendment).

SCHEDULE 5. Sec. 7.

R e p e a l s .

Column 1. Column 2.

Year and

number of Act. Short title of Act. Extent of repeal.

1901, No. 29.. Public Institutions The whole Act.

Inspection	Act,
1901.

1929, No. 8 .. Public Hospitals Act, Section 16 (1).

1929.

1930, No. 24.. Government Relief Section 7 (1).

Administration Act,

1930.

1972, No. 63.. Health Commission So much of Part 1 of the Schedule as

Act, 1972. amended Act No. 29, 1901.

SCHEDULE 6. Sec. 8.

Amendment to the Defamation Act, 1974.

Section 17c—

After section 17b, insert:—

17c. There is a defence of absolute privilege for certain

the publication under section 33h of the Public that decision of a board of directors of a hospital.

Act, 1929.