Public Hospitals (Hospitals Incorporation) Amendment Act 1983 (1984 No 1) (NSW)

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PUBLIC HOSPITALS (HOSPITALS INCORPORATION)

AMENDMENT ACT, 1983 (1984 No. 1)

ôutb Waits

ANNO TRICF.SIMO SFCUNDO

ELIZABETHS U REGINS

Act No. I, 1984.

An Act to amend the Public Hospitals Act, 1

929. to provide for the addition

to the Second Schedule to that Act of The Sydney Hospital, The Royal Prince Alfred Hospital and The Royal Alexandra Htrspital for Children; to make other provi.sions with respect to the Schcdule.s to that Act; and for other purposes. [Assented to, 1 1th Januarv, 1984.]

Act No. 1, 19H4,

2

rublic Hospilals {HaapiuUs [iicorporation) Amendment.

BE it enacted by the Queen's Most Fxcellcnt 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 llie same, as follows;—

Short title.

1.           This Act may be cited as the “Public Hospitals (Hospitals Incorpora­

tion) Amendment Act, 1983”.

Commenceinent.

2.      (1) Subject to this section, this Act shall commence on the date of

assent to this Act.

(2)

Section 5, in its application to a provision of Schedule 1, 2 or ,3,

shall conuuence or be deemed to have commenced, as the case may require, on tlie day on which the provision commences or is deenied to have commenced.

(3) Schedule 1 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.

(4) The provisions of—

(a) section 6 ( 1 ) and Schedule 2 (5) (c) and (6) (c);

(b)

section 6 (2) and Schedule 2 (1), (3), (4), (5) (b) and (6) (b ) ; and

(c) section 6 (3) and Schedule 2 (5) (a) and (6) (a),

shall commence on such day or days as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette, being a day or days not earlier than the day appointed and notified under subsection (3).

(5) Schedule 2 ( 2 ) shall commence on—

(a)

the day appointed and notified under subsection (4) in relation to section 6 (2) and Schedule 2 ( 1 ) , (3), (4), (5) (b) and (6) (b ) ; or

3  Act No. 1, 1^84.

Public Hospitals [Hospitals Incorporation) Am endm ent.

(b)

the day appointed and notified under section 2 (6) of the Public Hospitals (Amendment) Act, 1976,

whichever is the later.

( 6 )

Schedule 3 shall be deemed to have commenced on 17th

December, 1982.

Principal Act.

3.          The Public Hospitals Act, 1929, is referred to in tiiis Act as the

Principal Act,

Schedules.

4.     This Act contains the following Schedules: —

SCHEDULE

1.—A m e n d m e n t s

t o

t h e

P r i n c i p a i ,

A c t

R e l a t i n g

TO

C e r t a i n

Sc h e d u l e s .

SCHEDULE

2.— A m e n d m e n t

to

mi-:

P r i n c i p a l

A c t

R e l a t i n g

TO

C e r t a i n

H o s p i t a l s .

SCHEDULE

3 .— A me.n d m e n i

i o

j i i e

P r i n c i p a l

A c t

uy

w a y

o r

S t a t u t e

L a w

R e v i s i o n .

SCHEDULE

4 .— S a v i n g s ,

T r a n s i t i o n a l

a n i>

O t h e r

P r o v is io n s .

Amendment of Act No. 8, 1929.

5.          The Principal Act is amended in the manner set forth in Schedules

1-3.

Repeals.

6.     (1) The Sydney Hospital Act of 1881 is repealed. (2) The Prince Alfred Hospital Act, 1902, and the Prince Alfreti

Hospital (CpQvemment Representation) Act, 191. ,̂ arc repealed.

(3) The Royal Aicxtmdra Hospital for Children Incorporation Act of 1906 and the Royal Alexandra Hospital for Children Incorportition Amendment Act of 1906 arc repealed.

Acl No. 1. 1984,

Public Hospital.'; (HospiUil.s Incorporation) Amendment.

Savings, transition:)] and other provisions,

7. Schedule 4 has effect.

SCHEDULE 1.

(Sec. 5.)

A m ^ n d m e n i .s

ro

itii-

P r i n c i p a l

A c t

R f.l a i i n g

t o C'f.r t a in

Scnrni u.i-.s.

(1) Section 3, definition of “Hospitar—-

After “ailment”, in.scrt any district nursing association, any bush nursing association :md any organisation for providing aerial medical services”.

(2) Section 4 (2}-(6) —

Omit the subsections, insert instead: —

(2)

The Governor may. by order published in the Ga/ette, amend

the Second Schedule—

(a)

by inserting in the First Column the corporate name of any hospital to be incorporated under Part IV and by inserting in the Second Column opposite thereto the name of the hospital, if any, to be so incorporated or, where the incorporation occurs as a conset]uenee of the amalgamation of 2 or more incorporated liospitals, tlic names of the hospitals so anmlgamatcd;

(b)

by omitting any name from the First Column and any matter opposite thereto in the Second Column; or

fc) by amending any name in the First Column or any matter

opposite thereto in the Second Column, or both.

5  Acl No. 1. 19K4.

Public Hospitals {Hospitals Incorporation) Amendment.

SCHEDULE 1—continued.

A m l n d m i ;n t s

t o

t h e

P r i n c i p a l

A c t

R e l a t i n g

t o

C e r t a i n

S c h e d u l e s continued.

(3) The Second Schedule may not be amended under this section

so as—

(a)

to insert in the Second Schedule the name of an institution (not being The Sydney Hospital, The Royal Prince Alfred Hospital or The Royal Alexandra Hospital for Children) which, immediately before the date of assent to the Public Hospitals (Hospitals Incorporation) Amendment Act, 1983, was in the Third Schedule, except with the consent of the governing authority of the institution; or

(b)

to insert in the Second Schedule the name of any district nursing association, bush nursing association or organisa­ tion for providing aerial medical services (being an organisation for providing those services which was con­ ducting operations immediately before the commencement of the Public Hospitals (Further Amendment) Act, 1934), except with the consent of the governing body of the association or organisation.

(4) The Governor may, by order published in the Gazette, amend the Third Schedule by inserting, omitting or amending the name of any institution.

(3) Section 13 a (2) —

Omit the subsection, insert instead: —

(2) The Gocernor may, in accordance with a recommendation made under this section, by order published in the Gazette—

(a) close an incorporated hospital; or

(b) amalgamate 2 or more incorporated hospitals,

and may, in the order, pursuant to section 4 (2), amend the Second

Schedule accordingly.

Act No. 1, 1984.

6

Public Hospitals {Hospitals Incorporation) Amendment.

SCHEDULE 1—continued.

A m e n d m e n t s

t o

t h e

P r i n c i p a l

A c t

R e l a t i n g

t o

C e r t a i n

S c h e d u l e s continued.

(4) Section 18 (1 ) -(2 a)-

Omit section 18 (1) and (2), insert instead:—

(1) Subject to this Act, on and from the date of assent to the Public Hospitals (Hospitals Incorporation) Amendment Act, 1983, each hospital mentioned in the First Column of the Second Schedule shall be a body corporate with the corporate name therein indicated.

(2) Upon the publication of an order in the Gazette under section 4 (2) (a) (not being an order relating to the amalgamation of 2 or more incorporated hospitals) inserting the name of a hospital in the Second Column of 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

(b)

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

with the corporate name specified in the First Column of the Second Schedule opposite the name of the hospital inserted in the Second Column.

( 2 a ) Upon the publication of an order in the Gazette under

.section 4 (2) (a) (not being an order relating to the amalgamation of 2 or more incorporated hospitals) inserting in the First Column of the Second Schedule the corporate name of a hospital to be incorporated under this Part where no name of a hospital is inserted in the Second Column opposite thereto, there shall thereby be constituted, as a body corporate, a hospital under this Part, with the corporate name specified in the First Column.

30785D-86

7  Act No. 1, 1984.

Public Hospitals (Hospitals Incorporation) Amendment.

SCHEDULE 1—continued.

A m e n d m e n t s

t o

t h e

P r i n c i p a l

A c t

R e l a t i n g

t o

C e r t a i n

S c h e d u l e s

continued.

(5)

Second, Third, Fourth and Fifth Schedules—

Omit the Schedules, insert instead:—

SECOND SCHEDULE.

(Secs. 3, 4, 18.)

Incorporated Hospitals.

First Column.

Second Column.

Hospital Incorporated, if any, or

Corporate Name.

Hospitals Amalgamated.

The Adelong Hospital.

Adelong Outpost.

The Albury Base Hospital.

Albury District.

The Armidale and New England Hospital.

Armidale and New England.

The Aruma Home, Grafton.

Grafton Benevolent Asylum.

The Auburn District Hospital.

Auburn District.

The Ballina District Hospital.

Ballina District.

The Balmain Hospital.

Balmain District.

The Balranald District Hospital.

Balranald District.

The Bangalow District (W ar Memorial)

Bangalow War Memorial.

Hospital.

The Bankstown Hospital.

Bankstown District.

The Barham and Koondrook Soldiers’

Barham and Koondrook Soldiers’

Memorial Hospital.

Memorial.

The Barraba and District Hospital.

Barraba.

The Bateman’s Bay District Hospital.

Bateman’s Bay and District Centre of the New South Wales Bush Nursing Association Incorporated.

The Bathurst District Hospital.

Bathurst District.

The Batlow District Hospital.

Batlow.

Act Nu. !, 1984.

8

Public Hospitals (Hospitals incorporation) Amendment.

SCHEDULE

1 —-continued.

A m e n d m e n t s

t o

i h e

P r i n c i p a l

A c t

R e l a t i n g

t o

C e r t a i n

S c h e d u l e s -continued.

SECOND

SCHEDULE— t'orm/iwct/.

First Column,

Second Column.

Hospital Incorporated, if any, or

Corporate Name.

Hospitals Amalgamated.

The Bega District Hospital.

Bega District.

The Bellinger River District Hospital.

Bcllingcn.

The Berrigan War Memorial Hospital.

Berrigaii War Memorial.

The Bindawalla Hospital, Wellington.

Wellington Di.strict,

The Bingara District Hospital.

Bingara District.

Blaektown Hospital,

Hlacktown.

The Blayncy District Hospital.

Blayney Cottage,

The Blue Mountains District Anzac

Kaioomha.

Memorial Hospital.

The Bogpahri District Hospital.

Boggabri District.

The Bomhala District Hospital.

Bomhala District.

The Boorowa District Hospital.

Boorowa District.

The Bourke District Hospital,

Bourke District.

The Bowral and District Hospital.

Bowral.

The Braidwood District Hospital.

Braidwood.

The Brewarrina District Hospital,

Brewarrina.

The Broken Hill Base Hospital.

Broken Hill.

The Bulahdclah District Hospital.

Bulahdelah,

Biilli District Hospital

Bulli.

The Byron District Hospital.

Byron District.

9  Act No. 1, 19S4,

Public Hospitals (Hospitals Incorporation) Amendment.

S C H E D U L E

I — continued.

A m e n d m e n t s

t o

t h e

P r i n c i p a l

A c t

R e l a t i n g

t o C e r t a i n

S c h e d u l e s

continued.

SECOND

S CH EDU LE— continued.

First Column.

Second Column.

Hospital Incorporated, if any, or

Corporate Name.

Hospitals Amalgamated.

The Camden District Hospital.

Camden Cottage.

The Campbell Hospital, Coraki.

Coraki.

Campbelltown Hospital.

The

Canowindra

Soldiers'

Memorial

Canowindra

(Soldiers’ M em oria l) .

Hospital.

The Canterbury Hospital.

Canterbury District.

The Carcoar District Hospital.

Carcoar District.

The

Casino

and

District

Memorial

Bonalbo District.

Hospital.

Casino Memorial.

The Cessnock District Hospital.

Cessnock District.

The Cobar District Hospital.

Cobar District.

The CofF’s Harbour and District Hos­

CofT's Harbour and District.

pital.

The Coledale District Hospital.

lllawarra Cottage.

The Collarenebri District Hospital.

Collarenebri District.

The Condobolin District Hospital,

Condobolin District.

The Coolah District Hospital.

Coolah District.

The Coom a District Hospital.

Cooma District.

The Coonabarabran District Hospital.

Coonabarabran District.

The Coonamble District Hospital.

Coonamble District.

The Cootamundra Hospital.

Cootamundra District.

The Corowa Hospital.

Corowa.

Act No. 1, 1984,

10

Public Hospitals {Hospitals Incorporation) Amendment.

SCHEDULE

{— continued.

A m e n d m e n t s

t o t h e

P r i n c i p a l A c t

R e l a t i n g

t o C e r t a i n

S c h e d u l e s continued.

SECOND SCHEDULE^co^fi/iMcrf.

First Column.

Second Column.

Hospital Incorporated, if any, or

Corporate Name,

Hospitals Amalgamated.

The Cowra District Hospital.

Cowra District.

The Crookwell District Hospital.

Crookwell and District Cottage.

The Cudal War Memorial Hospital.

Cudal War Memorial.

The Culcairn District Hospital.

Culcairn Cottage.

The Dalwootl Children’s Home.

Dalwood.

The Delegate District Hospital.

Delegate Cottage,

The Deniliquin Hospital.

Deniliquin.

The Dorrigo Hospital.

Dorrigo,

The Dubbo Base Hospital.

Dubbo District.

The Dunedoo War Memorial Hospital.

Dii-iedoo Memorial.

The Dungog and District Hospital.

Dungog Cottage.

The Eastern Suburbs Hospital.

Eastern Suburbs.

The Eugowra Memorial Hospital.

Eugowra Memorial.

The Fairfield District Hospital.

Fairfield.

The Finley Hospital.

Finley Centre of the New South Wales

Bush

Nursing

Association

Incor­

porated.

The Forbes District Hospital.

Forbes District.

The Gilgandra District Hospital.

Gileandra District.

The Glen Innes District Hospital.

Glen Innes District.

The Gloucester Soldiers’ Memorial Hospital.

Gloucester Soldiers’ Memorial.

11   Act No. 1, 1984.

Public Hospitals (Hospitals Incorporation) Amendment.

SCHEDULE 1continued.

A m e n d m e n t s

t o

t h e

P r i n c i p a l

A c t

R e l a t i n g

t o

C e r t a i n

S c h e d u l e s

continued.

SECOND

S C H E D V L F ^co n tim ied .

First Column.

Second Column.

Hospital Incorporated, if any,

Corporate Name.

or Hospitals Amalgamated,

The Goodooga District Hospital.

Goodooga District.

The Gosford District Hospital.

Erina Shire.

The Goulburn District Hospital.

Goulburn District.

The Governor Phillip Special Hospital,

Governor

Phillip

Special

Hospital,

Penrith.

Penrith.

The Gower Wilson Memorial Hospital,

Gower Wilson Memorial Hospital, Lord

Lord Howe Lsland.

Howe Island.

The Grafton Base Hospital.

Grafton District.

The Grenfell District Hospital.

Grenfell District.

The GrilTith Base Hospital.

Ciriflith.

The Gulgong District Hospital.

Gulgong District.

The Gundagai District Hospital.

Gundagai District.

The Gunnedah District Hospital.

Gunnedah District.

The Guyra District War Memorial Hos­

(iiiyra District.

pital.

The Hastings District Hospital, Port

Port Macquarie (The Hastings District

Macquarie.

Cottage

Hospital) .

Hawkesbur>' Hospital, Windsor.

Hawkesbury Benevolent Society and

Hospital.

The Hay Hospital.

Hay.

The Hcnty District Hospital.

Ilcnly and District Community.

The Hills District Hospital.

The Hillston District Hospital.

Hillston.

Act No. 1, 1984.

12

Public Hospitals (Hospitals incorporation) Amendment.

SCHEDULE

continued.

A m e n d m e n t s

t o

t h e

P r i n c i p a l

A c t

R e l a t i n g

t o

C e r t a i n

ScHEUV'L'ES— continued.

SECOND SCHEDULE— COM

Firsl Column.

|

Second Column.

Hospital Incorporated, if any,

Corporate Name,

or Hospitals Amalgamated.

The Holbrook District Hospital.

Holbrook.

The Hornsby and Kii-ring-gai Hospital.

Hornsby District,

The Invcrell District Hospital.

Bundarra District.

Invcrell District.

Tingha District.

The Ivanhoe District Hospital.

Ivanhoe.

The Jerilderie District Hospital.

Jerilderie District,

The Junee District Hospital.

Junee District,

The Kempsey District Hospital.

Kempsey (Maclcay).

The Kiama District Hospital.

Ktama District.

The Kurri Kurri District Hospital.

Kurri Kurri District.

The Kyogle Memorial Hospital.

Kyogle Memorial.

The Lake Cargelligo District Hospital.

Lake Cargelligo.

The Langton Clinic.

I.angton Clinic.

The Lecion District Hospital.

Leeton District.

The Lismore Base Hospital.

Lismore Base.

Nimbin District Memorial,

The Lithgow District Hospital.

Lithgow District.

The Liverpool Hospital.

Liverpool District,

The Lockhart and District Hospital.

1

Lockhart and District.

The McCaughey Memorial Hospital,

Urana District,

Urana.

13   Act No. 1, 1984.

Public Hospitals {Hospitals Incorporation) Amendment.

SCHEDULE 1continued.

A m e n d m e n t s

t o

t h e

P r i n c i p a l

A c t

R e l a t i n g

t o

C e r t a i n

Sc h e d u l e s

continued.

SECOND SCHEDVAJE— continued.

First Column.

Second Column.

Hospital Incorporated, if any, or

Corporate Name.

Hospitals Amalgamated.

The Macksville and District Hospital.

Nambucca.

The Maclean District Hospital.

Maclean (Lower Clarence).

The Maitland Hospital.

Maitland.

The Manilla District Hospital.

Manilla District.

The Manly District Hospital.

Manly Cottage.

The Manning River District Hospital.

Manning River District.

Wingham and District War Memorial.

The Marrickville District Hospital.

Marrickville District.

The Merriwa District Hospital.

Merriwa District.

Milton-Ulladulla Hospital.

Milton and Ulladulla Centre of the New South Wales Bush Nursing Associa­ tion Incorporated.

The Molong District Hospital.

Molong Cottage.

The Mona Vale District Hospital.

Mona Vale.

The Moree District Hospital.

Moree District.

The Moruya District Hospital.

Moruya District.

The Mount Druitt Hospital.

Mount Druitt.

The Mudgee District Hospital.

Mudgee District.

The Mullumbimby and District War

Mullumbimby District.

Memorial Hospital.

The

M urrum burrah-H arden

District

M urrum burra-Harden

District.

Hospital.

Act No. 1, 1984.

14

Public Hospitals (Hospitals Incorporation) Amendment.

SCHEDULE

1— continued.

A m e n d m e n t s t o

t h e

P r i n c i p a l

A c t

R e l a t i n g

to

C e r t a i n

ScHE DOLES— continued.

SECOND SCHEDULE— contjn«ed.

First Column.

Second Column.

Hospital Incorporated, if any, or

Corporate Name.

Hospitals Amalgamated.

The Murwillumbah District Hospital.

Murwillumbah (Tweed District).

The Muswcllbrook District Hospital.

Muswcllbrook (Brentwood Hospital).

The Narrabri District Hospital.

Narrabri District.

The Narratidera District Hospital.

Narandcra Public.

Narromine District Hospital.

Narromine.

The Nepean Hospital. Penrith.

Penrith (Nepean) District,

The Newcastle Western Suburbs Hos­

Benevolent Home, Waratah, conducted

pital,

by the Newcastle and Northumber­

land Benevolent Society.

The Nyiigan District Hospital.

Nyngan District.

.

The Oberon Di.strict Hospital.

Oberon District.

The Orange Base Hospital.

Orange District.

The Pambula District Hospital.

Pambula District,

The Parkes District Hospitals.

Parkes District.

Peak Hill and District.

The Parramatta Hospitals.

Parramatta District.

Port Kembla District Hospital.

Port Kembla District,

The Portland District Hospital,

Portland District.

The Prince Albert Memorial Hospital.

Tenterfield.

Tenterfield.

The Prince Henry Hospital.

Prince Henry.

The Prince of Wales Hospital,

Prince of Wales.

15   Act No. 1, 1984.

Public Hospitals {Hospitals Incorporation) Amendment.

SCHEDULE 1— continued.

A m e n d m e n t s

t o

t h e

P r i n c i p a l

A c t

R e l a t i n g

t o

C e r t a i n

S c h e d u l e s

continued.

SECOND SCHEDULE— continued.

First Column.

Second Column.

Hospital Incorporated, if any, or

Corporate Name.

Hospitals Amalgamated.

The Queanbeyan District Hospital.

Queanbeyan District.

The Queen Victoria Memorial Hos­

Picton Lakes Village.

pitals.

Queen Victoria Homes.

The Quirindi District Hospital.

Quirindi District.

The Rachel Forster Hospital.

Rachel Forster Hospital for Women.

The Royal Newcastle Hospital.

Newcastle.

The Royal North Shore Hospital of

Royal North Shore Hospital of Sydney

Sydney.

The Royal South Sydney Hospital.

Royal South Sydney (Zetland).

The Ryde Hospital.

Ryde District.

The Rylstone District Hospital.

Rylstone District.

The St. George Hospital.

St. George District.

The Scott Memorial Hospital, Scone.

Scone (Scott Memorial) .

The

Shoalhaven

Distriet

Memorial

Shoalhaven District War Memorial.

Hospital.

Singleton District Hospital.

Singleton (Dungar Cottage).

The Stewart House Preventorium, Curl

Stewart House Preventorium. Curl Curl.

Curl.

The Sutherland Hospital, Caringbah.

Sutherland Shire District.

The Sydney Home Nursing Service.

District Nursing Association.

The Sydney Homoeopathic Hospital.

Sydney Homoeopathic.

The Tamworth Base Hospital.

Tamworth District.

Act No, ), \9H4.

16

Public Hospitals (Hospitals Incorporation) Amendment.

SCHEDULE 1continued.

A m i ; n d m e n t s

t o

t h e

P r i n c i p a l

A c t

R e l a t i n g

to

C e r v a i n

S c h e d u l e s

continued.

SECOND

S CH EDU LE—

First Column.

Second Column.

Hospital Incorporated, if arty, or

Corporati: Name.

Hospitals Amalgamated.

The Temora and District Hospital.

Temora and Distriet.

T he Tiboobiirra Distriet Hospital.

Tihoohtirra

T he Tocumwal Hospital.

Tocumwal Community.

The Tottenham Hospital.

T ottenham and Distriet Community.

1 he 1 rangie Hospital.

Trangie.

T he Tnllamorc District Hospital.

Tiillamore Community,

The T'umbarnmba District Hospital.

Tumbarumba District.

The Tiimiji and Di.strict Hospital,

Tumui.

The Tweed Heads District Hospital.

Tweed Heads-Coolangatta.

The Urigarie District Hospital,

Ungarie District.

United Dental Hospital of Sydney.

LI lilted Dental Hospital of Sydney.

The Urhenville and District Hospital,

Urhenville Centre of the New South

Wales

Bush

Nursing

Association

Incorporated.

The Vegetable Creek Hospital,

Vegetable Creek

The Wagga Wagga Base Hospital.

VVagga Wagga Base.

Tarcutta District Bush Nursing.

The Waicha Distriet Hospital,

W akha Cottage.

The Walgctt District Hospital.

Walgeti.

T he Wallseiid District Hospital.

Wallscnd Mining Distriet.

The Warialda District Hospital.

Warialda District.

T he Warren District Hospital.

Warren District.

17   Act No. 1, 1984.

Public Hospitals {Hospitals Incorporation) Amendment.

SCHEDULE 1continued.

A m e n d m e n t s

t o t h e

P r i n c i p a l

A c t

R e l a t i n g

t o C e r t a i n

Sc h e d u l e s

continued.

SECOND

SCHEDULE— continued.

First Column.

Second Column.

Hospital Incorporated, if any, or

Corporate Name.

Hospitals Amalgamated.

The Wauchope District Memorial Hos­

Wauchope District Memorial.

pital.

The Wee Waa District Hospital.

Wee Waa District.

The Wentworth District Hospital.

Wentworth District.

Werris Creek District Hospital.

Werris Creek District.

The Western Suburbs Hospital.

Western Suburbs.

The Wilcannia and District Hospital.

Wilcannia and District.

The Wilson Memorial Hospital, Murru-

Murrurundi (The Wilson Memorial).

rundi.

The Wollongong Hospital.

Wollongong District.

The Wyalong and District Hospital.

Wyalong and District.

The Yass District Hospital.

Yass District.

The Yeoval Hospital.

Yeoval Centre of the New South Wales

Bush

Nursing

Association

Incor­

porated.

The Young District Hospital.

Young (Burrangong District).

T H IR D

SCHEDULE.

(Secs. 3, 4.)

Separate Institutions.

The Anglican Deaconess Institution in respect of Braeside Anglican Hospital, Stanmore.

The Australian Red Cross Society in respect of Glen Mervyn Junior Red Cross

Children’s Home, Randwick.

Act No. i, 1984.

18

Public Hospitals (Hospitals Incorporation) Am endm ent.

SCHEDULE 1—continued.

A M I i N O M L N T S

TO

THE

P R I N C I P A L

A C T

R e i ATINO

TO

C E R T A I N

Sc h e d u l e s continued.

THIR D

SCHEDULE—

The Australian Red Cross Society in rcspeci of The Bodtiigion Red Cross Hospital,

Wentworth Falls.

The Australian Red Cross Society in respect of the Eleanor .Vfaekinnon Junior Red

Cross Home, Cronulla.

Benevolent Society of New South Wales in respeet of Searha.

Benevolent Society of New South Wales in respect of the Lucy Giilleit Hospital,

Bexley.

Benevolent Society of New South Wales in respect of I he Royal Hospital for Women.

The Buckland Convalescent Hospital, Springw'ood.

The Calvary Hospital.

Calvary Hospital. Kogarab.

The Carrington C'entennial Hospital for Convalescents,

Chats wood District Community Hospital.

Dame Eadith Walker Convalescent Hospital for Men.

"Evcrsleigh" Home of Peace Hospital.

Greenwich Home of Peace Hospital at Greenwich.

Home of I’eace Hospital in respeet of Graythwaite Nursing Home.

1 he Kariiane Moihercrafi Society.

) ewisham Hospital conducted by the Tittle Company ol Mary.

Mater Misericord I ae Hospital (North Sydney).

Mercy Hospital, Albury. conducted by the Sisters of Mercy,

The Mercy Hospital, Young.

M osnan and Disiriel Community Hospital.

Mount St. Joseph's Home, Young.

The M(. ,St. Margaret Hospital, Ryde.

Neringah Home of Peace Hospital at Wahroonga.

19

A ct No.

1, 1984.

Public Hospitals (Hospitals Incorporation) Amendment.

SCHEDULE

[— continued.

A m e n d m e n t s

t o

t h e

P r i n c i p a e

A c t

R e l a t i n g

t o

C e r t a i n

S c h e d u l e s continued.

TH IR D

SCHEDULE—

New South Wales Society for Crippled Children in respect of Beverley Park )iome,

Campbelltown.

Newcastle Mater Misericordiae Hospital (W aratah).

North Sydney Community Hospital.

Our Lady of Loreto Nursing Home for the Aged, Strathfield.

The Royal Alexandra Hospital for Children.

Royal Flying Doctor Service of Australia (N.S.W. Section).

The Royal Prince Alfred Hospital.

Royal Ryde Rehabilitation Hospital.

Royal Society for the Welfare of Mothers and Babies in respect of the Tresillian Homes at Petersham and Willoughby; and The Carpenter Mothercraft Home, Wollstonecraft.

Sacred Heart Hospice.

St. Anthony's Home, C'roydon.

St. Catherine's 'Villa, Eastwood, conducted by the Daughters of Charity of St. "Vincent

de Paul.

St. John of God Hospital (Cioulburn).

St. Joseph's Hospital (Auburn).

St. Luke's Hospital, Darlinghurst.

St. Margaret's Hospital.

St. 'Vincent's Hospital (Bathurst).

St. Vincent's Hospital (Darlinghurst) .

St. 'Vincent's Hospital (Darlinghurst) in respect of Babworth House (After Care Unit),

Darling Point.

The St. 'Vincent's Hospital (including The Hospice), Lismore.

The Sydney Hospital.

T he Trustees of the ('atholic Church Diocese of Bathurst in respect of Lourdes House,

Dubbo.

Act No. 1, 1984.

20

Public Hospitals (Hospitals Incorporation) Am endm ent.

SCHEDULE 1—continued.

A M I t N D M t N T S

TO

T H E

P R I N C I P A L

A C T

R E L A T I N G

TO

C E R T A I N

S c h e d u l e s

continued.

TH IR D

SCHEDULE— coiuimieit.

The Trustees of the Roman Catholic Church for the Diocese of Maitland in respect of the St. Joseph’s Convalescent Home and Home for Aged and Inlirm People, Hexham.

Uniting Church in Australia in respect of Lottie Stewart Hospital.

The Ujtiting Church in Australia, in re.spcct of the War Memorial Hospital (Waverley),

The Uniting Church Nursing Service, Menindee.

FOURTH SCHEDULE.

(Scc.s. .T, 29h, 29n, 29t-.)

Associated Organisations.

First Column.

Second Column.

Corporate Name of Board of

Name or Description of Associated

Associated Organisation, where

Organisation.

appointed under Part Va.

I he Australian Red Cross Society in

respect of Blood Transfusion Service.

The New South Wales College

of

i

Nursing,

The New South W'ales flospitals Plan­

The New South Wales Hospitals Plan­

ning Advi.sor) Centro,

ning Advisory Centro.

The Newcastle Regional Nurse Training

The Newcastle Regional Nurse Training

Council.

Council.

21   Act No, i, 1984.

Public flospitals (Hospitals Incorporation) Ameiulment.

SCHEDULE 1—continued.

A m e n d m e n t s

i o t h e

P r i n c i p a l

A c t

R e l a t i n g

t o C e r t a i n

S c h e d u l e s

FIFTH

SCHEDULE.

(Sec, 29j .)

H ospitals Conducted by the Minister.

Allandale Hospital. Bloomfield Hospital. CoMaroy Hospital.

Cumberland Hospilal, David Berry Hospital. Garrawarra Hospital, Gladcsv.ile Hospital. Grosvenor Hospital. Hunter Hospital.

Kciirnore Hospital. Lidcombc Hospital, The Macquarie Hospital, North Ryde.

Marsden Hospital, Morissct Hospital. Peat Island Hospital.

Prison Medical Service.

The Ro/,clle Hospital.

Rydalmere Hospital.

Stockton Hospital.

Strickland House,

T'omarec Holiday Codec.

Act No. K 1984.

22

Public Hospitals (Hospitals Incorporation) Am endm ent.

SCHEDULE 2.

{Sec. 5.)

A m e n d m e n t s

t o

t h e

P r i n c i p a l

A c t

R e l a t i n g

t o C e r t a i n

H o s p i t a l s .

(1) Section 1 (2) —

After the matter relating to Division 2 of Part V I a , insert:—

D iv is io n

3.— The Royal Prince Alfred Hospital.

(2)

(a) Section 2 9 aa (a )—-

Omit “institution; and”, insert instead “institution.”.

(b) Section 29aa (b) —

Omit the paragraph.

(3)

Part V I a , Division 3—

After Division 2, insert:—■

Divisio.N 3.-—The Royal Prince Alfred Hospital.

Application of property in event of closure of Hospital.

33EH. In the event that the Governor makes an order under section 13a (2) that The Royal Prince Alfred Hospital, or any hospital or hospitals with which The Royal Prince Alfred Hospital may be amalgamated, shall be clo.sed, section 15 (1) shall not operate to enable the Minister to devote—

(a)

where, at the time of the making of the order, The Royal Prince Alfred Hospital has not been amalgamated with another hospital— any property of the kind referred to in section 15 (1) and arising from the closure; or

(b)

where, at the time of the making of the order, The Royal Prince Alfred Hospital has been amalgamated with another hospital or other hospitals^—a proportion, specified or

23   Act No. 1, 1984.

Public Hospitals {Hospitals Incorporation) Amendment.

SCHEDULE 2—continued.

A m e n d m e n t s

t o

t h e

P r i n c i p a l

A c t

R e l a t i n g

t o C e r t a i n

H o s p i t a l s continued.

determined in accordance with the regulations, of any property of the kind referred to in section 15( 1) and arising from the closure, being a proportion that is not less than the proportion which the value, as at the date of the amalgamation, of the property of The Royal Prince Alfred Hospital bore to the value, as at that date, of the property of the other hospital or other hospitals,

to a purpose, other than a purpose which is solely for the benefit of

a hospital or hospitals to which this Act applies.

(4)

Section 3 3 g , definition of “board”—

Omit the definition, insert instead;—

“board” includes, in relation to a separate institution, the governing authority of the separate institution;

(5) (a) Second Schedule-

After the matter relating to “The Rachel Forster Hospital”, insert in the First Column and the Second Column, respectively:—

The Royal Alexandra

Royal Alexandra

Hospital for

Hospital for

Children.

Children.

(b) Second Schedule—

After the matter relating to “The Royal North Shore Hospital of Sydney”, insert in the First Column and the Second Column, respectively:—•

The Royal Prince Alfred

Royal Prince Alfred.

Hospital.

Act No. 1, 1984.

24

Public Hospitals {Hospitals Incorporation) Amendment.

SCHEDULE 2—continued.

A m e n d m e n t s

t o

t h e

P r i n c i p a l

A c t

R e l a t i n g

t o

C e r t a i n

H o s p i t a l s

continued.

(c) Second Schedule—^

After the matter relating to “The Sydney Homoeopathic Hospital”, insert in the First Column and the Second Column, respectively:—

The Sydney Hospital.

Sydney.

(6) (a) Third Schedule

Omit “The Royal Alexandra Hospital for Children.”.

(b) Third Schedule

Omit “The Royal Prince Alfred Hospital.”.

(c) Third Schedule—

Omit “The Sydney Hospital.”.

SCHEDULE 3.

(Sec. 5.)

A m e n d m e n t

t o

t h e

P r i n c i p a l A c t

b y w a y o f

S t a t u t e

L a w

R e v i s i o n .

Section 11( 1)

(a )—

Omit “initiate, promote and”.

25   Act No. 1, 1984.

Public Hospitals {Hospitals Incorporation) Am endm ent.

S CH EDU LE

4.

(Sec. 7.)

Savings, Transitional and Other Provisions.

Interpretation.

1.   (1) In this Schedule—

"appointed day” means—

(a)

in relation to The Sydney Hospital, the day appointed and notified under section 2 (4) in respect of section 6 ( 1 ) and Schedule 2 ( 5 ) (c) and (6) (c) ;

(b)

in relation to The Royal Prince Alfred Hospital, the day appointed and notified under section 2 (4) in respect of section 6 (2) and

Schedule 2 (1 ) , (3 ) , (4 ) , (5)

(b) and (6)

(b ); and

(c)

in relation to The Royal Alexandra Hospital for Children, the day appointed and notified under section 2 (4) in respect of section 6 (3) and Schedule 2 (5) (a) and (6) (a) ;

“pre-existing board” means—

(a)

in relation to The Sydney Hospital, the Board of Directors referred to in the Sydney Hospital Act of 1881, of The Sydney Hospital;

(b)

in relation to The Royal Prince Alfred Hospital, the board of directors

referred to in the Prince Alfred Hospital Act, 1902, of The Royal

Prince Alfred Hospital; and

(c)

in relation to The Royal Alexandra Hospital for Children, the board of management referred to in the Royal Alexandra Hospital for Children Incorporation Act of 1906, of The Royal Alexandra Hospital for Children;

“superannuation scheme” means a scheme, fund or arrangement under which any superannuation or retirement benefits are provided and which is established by or under any Act;

“transferred hospital” means—

(a) The Sydney Hospital;

(b) The Royal Prince Alfred Hospital; or

(c) The Royal Alexandra Hospital for Children.

(2)

Words and expressions used in the provisions of this Schedule have the

same meanings as in the Principal Act, as amended by this Act.

Act No. I, 1984.

26

Public Hospitals (Hospitals Incorporation) Amendment.

SCHEDULE

4— cotititined.

S.'iviNrjS, T kansition .m

.\nd O iii tK Provisionscniniiiiu’iL

Boards of Directors.

2. (1) A person who, immediately before the appointed day, was a member of the pre-existing board of a transferred hospital shall, notwithstanding anything in section 22 ( l x ) or 24a {1) (i) of (he Principal Act. on and from that day, be deemed to be an appointed director, within the meaning of section 22 (2) of the Principal Act, of the Board of Directors of the transferred hospital for a term of oflicc, within the meaning of section 2dc (2) fb) of the Principal Act, expiring on 7th December, 19S5.

(2) Except as provided by subciause (1) , nothing in this clause affects the application of Pari V of the Principal Act to or in respect of any Board of Directors or any director referred to in that subclause.

Existing powers, etc., of certain hospitals continued.

2. f l ) Any power, authority, duty or function conferred or imposed immediately before the appointed day on a pre-existing board of a transferred hospital in relation to the administration and operation of a hospital which the board had been appointed to govern, may, with (he approval of the Minister, continue to be exercised or performed on and from that day by the Board of Directors of the transferred hospital.

(2) Notwithstanding subelause (1) , the approval of the Minister, as referred to in that subciause, is not required in connection with the continued exercise or perform­ ance of any power, authority, duty or function by the Board of Directors of The Royal Prince Alfred Hospital in relation to the Dame Eadith Walker Convalescent Hospital for Men.

(.1) .Subdauscs ( I ) and (2 ) shall apply notwithstanding any provision of the Principal Act to Ihe contrary or the repeal of any Act,

(4)

Without limiting the generality of subciause (1) , a reference in that subelause

to a power includes a reference to a power of investment.

Slalf cmploted by certain hospitals.

4 ( I ) All persons who, immediately before the appointed day, were employees, servants, or members of the staff of the pre-existing board of a transferred hospital shall be deemed to have been appointed, on that day, as employees, servants, or members of the staff of the transferred hospital.

(2) Subject to subelause (3) , where a person to whom subelause ( I ) applies was, immediately before the appointed day. a contributor to a superannual ion scheme, the person^—

(a)

shall retain any rights accrued or accruing to that person as such a contributor;

27   Act No. 1, 1984.

Public Hospitals {Hospitals Incorporation ) Amendment.

SCHEDULE

4— continued.

Savings , T ransitionai .

and O th er

P rovisionscontinued.

(b)

may continue to contribute to any superannuation scheme to which that person was a contributor immediately before that person’s deemed appointment as an employee, a servant, or a member of the staff, of the transferred hospital,

and—

(c)

that person's service as an employee, a servant, or a member of the staff, of a pre-existing board shall be deemed to be service as an officer or employee of the transferred hospital for the purpose of any law under which those rights accrued or were accruing or under which that person continues to contribute; and

(d)

that person shall be deemed to be an officer or employee, and the transferred hospital shall be deemed to be that person’s employer, for the purpose of the superannuation scheme to which that person is entitled to contribute under this clause.

(.7) A person, being an employee, a servant, or a member of the staff, of a transferred hospital, who, but for this subclause, would be entitled under subclause (2) to contribute to a superannuation scheme shall not be so entitled upon becoming (whether upon the person’s deemed appointment as an employee, a servant, or a member of the staff, of the transferred hospital or at any later time while that person holds office as an employee, a servant, or a member of the staff, of the transferred hospital) a contributor to any other superannuation scheme, and the provisions of subclause (2) (d) cease to apply to or in respect of that person and the transferred hospital in any case where that person becomes a contributor to another superannuation scheme.

(4) Subclause (.f) does not prevent tbe payment to a person who is an employee, a servant, or a member of tbe stalf, of a transferred hospital upon the person’s ceasing to be a contributor to a superannuation scheme of such amount as would have been payable to that person if that person had ceased, by reason of resignation, to be an officer or employee for the purposes of that scheme.

(.‘i) A person to whom subclause (1) applies shall be paid salary or wages by the transferred hospital of wh'ch the person is deemed to be an employee, a servant, or a member of the staff umter that subclause at a rate not less than the rate which was payable to the person immediately before the appointed day. 'ubicct to any adjustment necessary to give effect to any fluctuation in a basic or minimum wage by reference to which that person's salary or wages is or are fixed, until the salary o'' wages payable to that person is or are varied or altered by an award of a competent tribunal, an industrial agreement or a determination under section 40n.A (2) of tbe Principal Act.

(6)

Where any condition of employment of a person to whom stibclause (1)

applies was. immediately before tbe appointed day, regulated by an award or industrial agreement, that condition shall continue after that day to be so regulated until it is varied by an award made by a court of competent jurisdiction and by which the

Act No. I, 1984.

28

Public Hospitals (Hospitals Incorporation) Amendment.

SCHEDULE

4— continued.

Savings, Transitional and Other Provisions—ccNturiDtv/.

transferred hospital of which that person is deemed to be an employee, a servant, or a member of the stalT under that subelause is bound, or that condition is regulated by an industrial agreement.

(7 ) Service with a pre-existing board of a person to whom subelause (1) applies shall be deemed to be service with the transferred hospital o f which the person is deemed to be an employee, a servant, or a member of the staff under that subclause for the purposes of annual leave, sick leave and long .service leave.

(8) A person to whom subclause (1) applies shall not, in respect of the same period of service, be entitled to claim a benefit under the provisions of this Schedule and another Act.

(9) An application for the purposes of section 92 (1) of the Superannuation Act, 1916, may be made in relation to a pre-existing board or a transferred hospital b y -

fa) the pre-existing board, before the appointed day; (b) the transferred hospital, on or after that day; or (c> the Corporation, at any time.

Continuation of incorporated ho.spitals, etc.

5,

(1 ) In this clause, “ institution” means an incorporated hospital, separate

institution, a.ssociated organisation or hospital conducted by the Minister.

(2) An institution specified or described in the Second, Third, Fourth or Fifth Schedule to the Principal Act, as amended by this Act, is a continuation of, and the same legal entity as, the institution of the same name specified or described in—

(a)

the Second, Third, Fourth or Fifth Schedule, respectively, to the Principal Act, as in force immediately before the date of assent to this Act; or

(b ) an order made by the Governor under the Principal Act, as so in force,

as the case may require.

(3 ) Subject to the Principal Act, as amended by this Act, and to this Act, the governing authority of an institution immediately before (he date of assent to this Act shall continue, on and from that date, to be the governing authority of (he institution.

Validation.

6.   Any act, matter or thing that—

(a)

was done before the date of assent to this Act by or in respect of The Hills District Hospital, the Campbelltown Hospital, the United Dental Hospital of Sydney or any other hospital mentioned in the Second Schedule to the Principal Act, as amended by this Act; and

29   Act No. 1, 1984.

Public Hospitals (Hospitals Incorporation) Amendment.

SCHEDULE 4— continued.

Savings, T ransitional and O ther P rovisionscontinued .

(b)

could have lawfully been done only if the Principal Act, as amended by this Act, had been in force when it was done,

is hereby validated.

Regulations.

7.         (1) The Governor may make regulations containing other provisions of a savings

or transitional nature consequent on the enactment of this Act or the making of an order under the Principal Act, being an order of the kind referred to in subclause (2).

(2) Where, on or after 23rd November, 1983, and before the day appointed and notified under section 2 (3 ) , an order is made under the Principal Act affecting the contents of a Schedule to the Principal Act, the regulations may amend the Schedule as to be inserted into the Principal Act by this Act in substitution for the Schedule so affected to make such amendments as may be necessary or desirable to be made to the contents of the Schedule as to be so inserted as a consequence of the making of the order.

(3) A provision made under subclause (1) may take effect as from the date of assent to this Act or a later date.

(4) To the extent to which a provision referred to in subclause (1) takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as—

(a)

to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication therein; or

(b)

to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication therein.

(5) A provision made under subciause (1) shall, if the regulations expressly so provide, have effect notwithstanding the foregoing clauses of this .Schedule (clause 4 excepted).

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