Public Hospitals (United Dental Hospital of Sydney) Amendment Act 1978 (NSW)

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PUBLIC HOSPITALS (UNITED DENTAL HOSPITAL

OF SYDNEY) AMENDMENT ACT, 1978, No. 160

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ELIZABETHS H BEGINS

Act No. 160, 1978.

An Act to amend the Public Hospitals Act, 1929, to provide for

the addition to the Second Schedule to that Act of the name

’	of the United Dental Hospital of Sydney; to vest certain land upon which that hospital is situated in the Health Commis sion of New South Wales; and for other purposes. [Assented to, 29th December, 1978.1

See also Dental Hospitals Union (Repeal) Act, 1978;' Dentists (Dental Board) Atneitc;acn

Act, 1978.

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Act No. 160, 1978.

Public Hospitals {United Dental Hospital of Sydney) Amendment.

BE 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 :—

Short

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

title.

Dental Hospital of Sydney) Amendment Act, 1978”.

Schedules.

This Act contains the following Schedules :—

s c h e d u l e

1.— A m endm ents to the

P ublic Hospitals

A ct ,

1929,

Relating

the

United

D ental

Hospital of Sydney .

SCHEDULE 2.— M iscellaneous A m endm ents to Part

V OF the P ublic Hospitals A c t , 1929.

Amend	3.	The Public Hospitals Act, 1929, is amended in the manner
ment of

Act No.	set forth in Schedules 1 and 2.
8, 1929.

Applica	4. Section 24 (2a) of the Public Hospitals Act, 1929, as in
tion of

sec. 24	force immediately before the commencement of Schedule 2 (3 ),
(2a) of	shall be deemed never to h:ive applied to a director appointed by
Act No.
«, 1929.	the Minister.

Act No. 160, 1978.

Public Hospitals (United Dental Hospital of Sydney) Amendment.

SCHEDULE 1.

Sec. 3.

A m endm ents to the P ublic Hospitals A ct ,

1929, R elating

TO the U nited D ental Hospital of Sydney .

(1) Section 1 (2 )—

Omit the matter relating to Part VIa, insert instead :—

PART VIa.—P rovisions A pplicable to Certain

Hospitals.

D ivision 1.— Prince Henry Hospital.

D ivision 2.— United Dental Hospital of Sydney.

(2) Section 4 (6) (h )—

After section 4 (6) (g), insert:—

(h) On the day upon which an order is published under this section adding to the Second Schedule the name of the United Dental Hospital of Sydney, the Third Schedule shall be amended by omitting the words “United Dental Hospital.”.

(3)	(a) Section 22 (1 a ) —

Omit “Each”, insert instead “Subject to section 33fc

(1), each”.

(b)	Section 22 (2 a ) —

After “(2 ),”, insert “and subject to section 33fc

( 1) ,”.

(4) Section 28 (1) (b )—

Omit “providing”, insert instead “subject to section 33fc

(4) and (5), providing”.

Act No. 160, 1978.

Public Hospitals {United Dental Hospital of Sydney) Amendment.

SCHEDULE 1—continued.

Amendments to the Public Hospitals Act, 1929, Relating

TO THE United Dental Hospital of Sydney—continued.

(5) Part VIa, heading—

Omit “Prince Henry Hospital.”, insert instead :—

Provisions Applicable to Certain Hospitals.

Division 1.—Prince Henry Hospital.

(6) Section 33a—

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Omit “Part”, insert instead “Division”.

(7) Section 33b (1 )—

Omit “Part”, insert instead “Division”

(S)' Part VIA, Division 2—

After section 33f , insert:—

D ivision 2 .— United Dental Hospital of Sydney.

Commence	3 3 FA. This Division, except this section and sections an order is published under section 4 (2) adding to the Second Schedule the name of the United Dental Hospital of Sydney.
ment of
Pt.VlA,	33fb and 33fg, shall commence on the day upon which
Div.Z

Interpre	33fb. In this Division, except in so far as the context “Board” means the Board of Directors of the hospital; “board of control” means the board of control
tation;

Pt. VIA,	or subject-matter otherwise indicates or requires—
Div. 2.

referred to in the Dental Hospitals Union Act, 1904, of the United Dental Hospital of Sydney;

Act No. 160, 1978.

Public Hospitals (United Dental Hospital of Sydney) Amendment.

SCHEDULE 1—continued.

A m endm ents to the P ublic Hospitals a c t ,

1929, R elating

TO THE United D ental H ospital of Sydney— continued.

“Chairman” means Chairman of the Board;

“hospital” means the body corporate having the

corporate name “United Dental Hospital of

Sydney”;

“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.

33 f c . (1) The Board shall consist of 9 directors B9ard of

appointed by the Minister, 3 of whom shall be persons nominated by the University of Sydney within such period and in such manner as may from time to time be fixed by the Minister and notified by him to that university.

(2) If a nomination is not made as provided by subsection (1) and the period within which the nomination is required to be made has expired, the Minister may nominate 3 persons to be directors of the Board and the persons so nominated by the Minister shall, on their appointment, be deemed to have been nominated as provided by subsection (1).

(3 )

Where a vacancy referred to in section 2 4 b

occurs in the office of a director nominated in accordance with this section, the person appointed under section 2 4 b to fill the vacancy shall be a person nominated in accordance with this section.

(4)	The Chairman shall be the director who

is so appointed by the Minister in and by the notification of his appointment as a director or by a subsequent

notification published in the Gazette.

Act No. 160, 1978.

Public Hospitals {United Dental Hospital of Sydney) Amendment.

SCHEDULE 1—continued.

A mendments to the Public Hospitals Act , 1929, Relating

TO THE United Dental Hospital of Sydney—continued.

(5)	The term of office of the Chairman shall

be the period specified as such in the notification of his

appointment as Chairman.

(6)	The Chairman shall hold office as Chairman

for the period from the date of commencement of his term

of office as Chairman until—

(a)	he resigns his office as Chairman by writing under his hand addressed to the Minister and the Minister accepts his resignation;
(b)	he is deemed to have vacated his office as a director pursuant to section 24a (1);
(c)	the date of expiration of his term of office as a director; or
(d)	the date of expiration of his term of office as Chairman,

whichever event first occurs.

Vesting of	33ED. (1) So much of the land described in the Sixth Schedule as is not vested in the Commission is hereby vested in the Commission for an estate in fee simple freed and discharged from all trusts that, immediately before the commencement of this section, affected that land, and sec tion 19 (1) (b) has no operation in respect of the land hereby vested.
land.

(2)	The vesting effected by subsection (1) shall

be without prejudice to any reservation, mortgage, charge, encumbrance, lien or lease, that, immediately before the commencement of this section, affected the land vested.

Act No. 160, 1978.

Public Hospitals {United Dental Hospital of Sydney) Amendment.

SCHEDULE 1—continued.

A m endm ents to the P ublic Hospitals A c t ,

1929, Relating

TO THE U nited D ental Hospital of Sydney—

3 3 f e . Upon application in writing by the Commission, issue of

the Registrar-General shall issue to the Commission a certi ficate of title under the Real Property Act, 1900, for the whole of the land described in the Sixth Schedule.

3 3 f f . (1 ) All persons who, immediately before the Savings and

commencement of this Division, were employees, servants, pr'̂ yTsions'

or members of the staff, of the board of control shall be

deemed to have been appointed as employees, servants, or

members of the staff, of the hospital.

(2)	Subject to subsection (3), where a person

to whom subsection (1) applies was, immediately before his appointment as an employee, a servant, or a member of the staff, of the hospital, a contributor to a superannua tion scheme, he—

(a)	shall retain any rights accrued or accruing to him as such a contributor;
(b)	may continue to contribute to any superannua tion scheme to which he was a contributor immediately before his appointment as an employee, a servant, or a member of the staff, of the hospital,

and—

(c)	his service as an employee, a servant, or a mem ber of the staff, of the board of control shall be deemed to be service as an officer or employee of the hospital for the purpose of any law under v.'hich those rights accrued or were accruing or under which he continues to contribute: and

Act No. 160, 1978.

Public Hospitals {United Dental Hospital of Sydney) Amendment.

SCHEDULE 1—continued.

A mendments to the P ublic Hospitals Act , 1929, Relating

TO THE United Dental Hospital of Sydney— continued.

(d)

he shall be deemed to be an officer or employee, and the hospital shall be deemed to be his employer, for the purpose of the superannuation scheme to which he is entitled to contribute under this section.

(3)	An employee, a servant, or a member of the

staff, of the hospital who, but for this subsection, would be entitled under subsection (2) to contribute to a super annuation scheme shall not be so entitled upon his becom ing (whether upon his appointment as an employee, a servant, or a member of the staff, of the hospital or at any

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later time while he holds office as an employee, a servant, or a member of the staff, of the hospital) a contributor to any other superannuation scheme, and the provisions of subsection (2) (d) cease to apply to or in respect of him and the hospital in any case where he becomes a contributor to another superannuation scheme.

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(4)	Subsection (3) does not prevent the pay

ment to an-employee, a servant, or a member of the staff, of the hospital upon his ceasing to be a contributor to a superannuation scheme of such amount as would have been payable to him if he had ceased, by reason of resignation, to be an officer or employee for the purposes of that scheme.

(5)	A person to whom subsection (1) applies

shall be paid salary or wages by the hospital at a rate not less than the rate which was payable to him immediately

Act No. 160, 1978.

Public Hospitals {United Dental Hospital of Sydney) Amendment.

SCHEDULE 1—continued.

A m endm ents to the P ublic Hospitals a c t ,

1929, R elating

TO THE U nited D ental Hospital of Sydney— continued.

before the commencement of this Division, subject to any adjustment necessary to give effect to any fluctuation in a basic or minimum wage by reference to which his salary or wages is or are fixed, until the salary or wages payable to him is or are varied or altered by an award of a competent tribunal, an industrial agreement or a

determination under section 4 0 ba (2 ) .

(6) Where any condition of employment of a person to whom subsection (1) applies was, immediately before the commencement of this Division, regulated by an award or industrial agreement, that condition shall continue after that commencement to be so regulated until it is varied by an award by which the hospital is bound made by a court of competent jurisdiction, or that condition is regulated by an industrial agreement.

(7) Service with the board of control of a person to whom subsection (1) applies shall be deemed to be service with the hospital for the purposes of annual leave, sick leave and long service leave.

(8) A person to whom subsection (1) applies

shall not, in respect of the same period of service, be

entitled to claim a benefit under this Division and another

Act.

33 fg . ( i ) An application for the purposes of section Super

.	92 (1) of the Superannuation Act, 1916, may be made in relation to the board of control or the hospital bŷ —

(a) the board of control, before the appointed day;

(b) the hospital, on or after the appointed day; or

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'	(2) In subsection (1), “appointed day” means

the day referred to in section 3 3 fa .

Act No. 160, 1978.

Public Hospitals (United Dental Hospital of Sydney) Amendment.

SCHEDULE 1—continued.

Amendments to the Public Hospitals Act, 1929, Relating

TO THE United Dental Hospital of Sydney— continued.

(9) Sixth Schedule—

After the Fifth Schedule, insert :—

Secs. 33fd

SIXTH SCHEDULE.

(1) ,

33fe .

All that piece or parcel of land situate in the City of Sydney, Parishes of St. Lawrence and Alexandria and County of Cumber land, being lot 1, Deposited Plan 593549, and having an area of 1997 square metres or thereabouts.

Sec. 3.

SCHEDULE 2.

M iscellaneous A m en dm en ts to Part V of the

P ublic Hospitals A ct ,

1929.

(1) Section 21a, definition of “appointed director”—

After “ (2 )”, insert “or 24b or by the Governor under section 23b”.

(2) (a) Section 23c (1 )—

Omit “or appointed” where firstly, secondly and thirdly occurring.

Act No. 160, 1978.

Public Hospitals (United Dental Hospital of Sydney) Amendment.

SCHEDULE 2—continued.

M iscellaneous Amendments to Part V of the

Public Hospitals Act, 1929—continued.

(b) Section 23c (1) (a )—

Omit “except in the case of a person appointed under section 23a,”.

O m it:—

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 the age of seventy years.

A director elected or appointed under this Act who has attained the age of seventy years before the commencement of the Public Hospitals (Amendment) 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 expiration of a period of six months after such commencement.

(3) Section 24 (2a)—

Omit “a director” where firstly occurring, insert instead “an elected director or a director appointed by the Governor under section 23 b”.

Act No. 160, 1978.

Public Hospitals {United Dental Hospital of Sydney) Amendment.

SCHEDULE 2—continued.

M iscellaneous A m endm ents to Part V of the

P ublic Hospitals A ct , 1929—continued.

(4)	Section 2 4 b—

Omit “a director” where firstly occurring, insert instead

“an appointed director”.