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Epworth Hospital (Amendment) Act 1997

Act No. 97/1997

TABLE OF PROVISIONS

Section Page

PART 1—PRELIMINARY 1

1. Purpose 1
2. Commencement 2

PART 2—AMENDMENT OF EPWORTH HOSPITAL ACT 1980 3

3. Principal Act 3
4. Heading to Part 1 inserted 3
"PART 1—PRELIMINARY" 3
5. Change of name of Act 3
6. Definitions 3
7. Heading to Part 2 inserted 4
"PART 2—EPWORTH FOUNDATION" 4
8. Change of name of body corporate 4
9. New sections 4 and 5 substituted 4
4. Objects 4
5. Powers 6
10. Application of property and winding up 6
11. Members of Board of Management 6
12. Matters relating to Board of Management 8
13. Definition for section 20 10
14. Headings to Part 3 and 4 10
"PART 3—PROPERTY OF FORMER HOSPITAL" 10
"PART 4—GENERAL" 10
15. Amendment of section 21 10
16. New section 21A inserted 10

21A. Donations, gifts and trusts 10

17. Amendment of section 22 11

i

Section Page

PART 3—FURTHER AMENDMENTS 12

18. Principal Act 12
19. Board of Management 12
20. Chief Executive Officer may be appointed 13
21. Proceedings and Regulations of Board of Management 13
22. New Part 5 inserted 13
PART 5—TRANSFER OF PROPERTY TO EPWORTH
HOSPITAL LTD 13
23. Definitions 13
24. Transfer of property 15
25. Substitution of party to agreement 15
26. Former instruments 15
27. Proceedings 16
28. Interests in land 16
29. Amendment of Register 17
30. Taxes 17
31. Rates 17
32. Evidence 17
33. Staff 18
34. Future terms and conditions of transferred employees 19
35. Superannuation 20

═══════════════

NOTES 22

ii

Victoria

No. 97 of 1997

Epworth Hospital (Amendment) Act

1997†

[Assented to 16 December 1997]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purpose
The purpose of this Act is to make provision for a charitable body called the Epworth Foundation and to provide for the transfer of the hospital called Epworth Hospital at Erin Street, Richmond to Epworth Hospital Ltd.

Epworth Hospital (Amendment) Act 1997

Act No. 97/1997 s. 2

2. Commencement
(1) This Part and Part 2 come into operation on the
day on which this Act receives the Royal Assent.

(2) The remaining provisions of this Act come into
operation on a day or days to be proclaimed.

_______________
Epworth Hospital (Amendment) Act 1997

s. 3	Act No. 97/1997

PART 2—AMENDMENT OF EPWORTH HOSPITAL

ACT 1980

No. 9404

amended by	3. Principal Act
Nos 9549,
10087 and	In this Part, the Epworth Hospital Act 1980 is
42/1995.	called the Principal Act.

4. Heading to Part 1 inserted
Before section 1 of the Principal Act insert—
"PART 1—PRELIMINARY".

5. Change of name of Act
In section 1(1) of the Principal Act, for "Hospital" substitute "Foundation".

6. Definitions
(1) In section 2 of the Principal Act insert—
' "Deputy President" means the Deputy
President of the Board of Management elected under section 11;
"Epworth Hospital" means Epworth Hospital Ltd A.C.N. 080 303 573;
"Erin Street hospital" means the hospital
principally situated at Erin Street, Richmond
conducted and maintained immediately
before the commencement of section 22 of
the Epworth Hospital (Amendment) Act
1997 by the Foundation;
"Foundation" means the Epworth Foundation established by Part 2;
"President" means the President of the Board of
Management elected under section 11;
"Synod" means the Victorian Synod of the
Uniting Church;'.

Epworth Hospital (Amendment) Act 1997

Act No. 97/1997 s. 7
(2) In section 2 of the Principal Act, the definition of
"The Hospital" is repealed.

7. Heading to Part 2 inserted
Before section 3 of the Principal Act insert—
"PART 2—EPWORTH FOUNDATION".

8. Change of name of body corporate
(1) In section 3(2) of the Principal Act, for "Hospital"
substitute "Foundation".

(2) After section 3(4) of the Principal Act insert—
"(5) Despite the change of name made by section 8 of the Epworth Hospital (Amendment) Act 1997, the Foundation is the same body after the commencement of that section as it
was before that commencement.".

9. New sections 4 and 5 substituted
For sections 4, 5 and 6 of the Principal Act
substitute—
"4. Objects
The Foundation may carry out all or any of the following objects—

(a) to promote and fund medical and health care research of any kind in Australia that is, or is likely to be, of benefit to the community;
(b)
financial assistance for medical and
other health care education in Australia
including, without limitation, the
education and training in Australia of
to promote, advance and provide practitioners and others engaged in the

Epworth Hospital (Amendment) Act 1997

s. 9	Act No. 97/1997
provision of medical and other health care services;

(c)
for the purpose of enabling persons
residing in Australia to obtain medical
or other health care services in
to provide financial or other assistance otherwise afford;

(d) to conduct and maintain a hospital or hospitals in Australia;
(e) in relation to a hospital or hospitals conducted and maintained under paragraph (d), to promote the treatment of each patient in a manner that accords the respect due to a person before God, according to the beliefs of the Uniting Church;
(f) to provide medical and other health care services of any kind in Australia;
(g)
another entity which does not seek to
secure pecuniary profit for its
to provide funds or otherwise assist or other health care services of any kind in Australia;

(h)

to promote and provide funds in Australia for charitable purposes located in Australia and being
undertaken solely in Australia
including, without limitation, providing
funds to an entity or trust whose
purposes or objects are wholly
charitable and wholly carried out within
Australia.

Epworth Hospital (Amendment) Act 1997

Act No. 97/1997 s. 10

5.
Powers under section 4, the Foundation—

(a)

may acquire, hold and dispose of real and personal property;
(b) may obtain financial accommodation
and make investments;
(c) may employ staff;

(d) may enter into agreements and arrangements;
(e) may form, or participate in the formation of, or be a member of, a body corporate;
(f)
formation of, and may participate in,
may form, or participate in the joint ventures;

(g) may act as trustee;

(h) may do all things necessary or convenient to be done for or in connection with carrying out those
objects.".

10. Application of property and winding up
In the Principal Act—

(a)

in sections 7 and 8, for "Hospital" (wherever occurring) substitute "Foundation";

(b)

in section 8, after "Property Trust" insert "to be applied solely for charitable purposes".

11. Members of Board of Management

(1) In section 9(1)(c) of the Principal Act, for
"Uniting Church" substitute "Synod".
Epworth Hospital (Amendment) Act 1997

s. 11

Act No. 97/1997

(2) In section 9 of the Principal Act, for sub-section
(3) substitute—
"(3) A member of the Board of Management
other than a Chief Executive Officer more than 9 consecutive years is not eligible to continue to be a member after the conclusion of the meeting unless—
appointed under section 14, who,
immediately before an Annual General

(a)
Annual General Meeting or at a
the Board, by resolution made at the before the Annual General Meeting, has resolved that the member is eligible to continue; and

(b)

the member did not vote on that resolution.".

(3) In section 9(5) of the Principal Act—

(a)

after "his" (wherever occurring) insert "or her";
(b) in paragraph (a) omit "of the Hospital";

(c)

for paragraph (c) substitute— "(c) in the opinion of the Board, is of

unsound mind;

(ca) becomes ineligible to continue as a
member by reason of sub-section (3);
or".

(4) In section 9(6)(a) of the Principal Act, for "Uniting Church" (where twice occurring) substitute "Synod".
(5) Section 9(8) of the Principal Act is repealed.

Epworth Hospital (Amendment) Act 1997

Act No. 97/1997 s. 12

12. Matters relating to Board of Management
In the Principal Act—
(a) in section 10—
(i)  in sub-section (2), for "30 November" substitute "31 December";
(ii)  in sub-section (3), for "Hospital" substitute "Foundation";
(iii)  in sub-section (4), for "Uniting Church" substitute "Synod";

(b) in section 11—
(i) in sub-section (4), after "his" insert "or her";
(ii) in sub-section (7) omit "but neither the President or Deputy President shall hold office as such for a continuous term of more than three years";

(c) in section 12—
(i)  in sub-sections (1) and (4)(a) and (b), omit "of the Hospital";
(ii)  in sub-section (2) omit "of the Board of Management";
(iii)  in sub-sections (2) and (4)(a), after "he" insert "or she";

(d)

in section 13, for paragraph (a) substitute— "(a) exercise the powers of the

Foundation;";

(e)

in section 13, for "Hospital" (wherever occurring) substitute "Foundation";
(f) in section 14—

Epworth Hospital (Amendment) Act 1997

s. 12

Act No. 97/1997

(i)  in sub-section (1), for "Hospital" substitute "Foundation";
(ii) sub-section (4) is repealed;
(g) in section 15(1)—
(i)  for "Hospital" (where first occurring) substitute "Foundation";
(ii)  omit "of the Hospital" (where secondly occurring);

(h) in section 15(3), for "and the Chief Executive Officer or his deputy" substitute "or by one member of the Board of Management and the Chief Executive Officer or his or her deputy";
(i)
in sections 16 and 17, for "Hospital" "Foundation";
(j) in section 18(1)—
(i) for "Hospital" substitute "Foundation";
(ii) after "his" insert "or her";
(k) in section 18(2)—

(i) for "he" (wherever occurring)
substitute "the member";
(ii) after "his" (wherever occurring) insert "or her";
(iii) in paragraph (b), before "contract or arrangement" (where first occurring) insert "the";

(l) in section 19—
(i) for "Hospital" (where twice occurring) substitute "Foundation";

Epworth Hospital (Amendment) Act 1997

Act No. 97/1997 s. 13
(ii) after "him" (where twice occurring) insert "or her";

(iii) after "his" insert "or her"; (iv) after "he" insert "or she".

13. Definition for section 20
After section 20(2) of the Principal Act insert—
'(3) In this section, "the Hospital" means the
body corporate established under section 3.'.

14. Headings to Part 3 and 4
(1) Before section 20 of the Principal Act insert—
"PART 3—PROPERTY OF FORMER
HOSPITAL".

(2) Before section 21 of the Principal Act insert—
"PART 4—GENERAL".

15. Amendment of section 21
In section 21 of the Principal Act, for "Hospital"
(wherever occurring) substitute "Foundation".

16. New section 21A inserted
After section 21 of the Principal Act insert—

"21A. Donations, gifts and trusts
If—

(a) before, on or after the commencement of section 16 of the Epworth Hospital (Amendment) Act 1997—
(i) a gift, disposition or trust of property has been or is made or declared or is deemed to have been made or declared; or

Epworth Hospital (Amendment) Act 1997

s. 17

Act No. 97/1997

(ii) a trust fund has been or is created—

(whether by deed, will or otherwise) to, or in favour of, for the use of, or for the purposes of the Epworth Hospital or the Erin Street hospital or the Foundation;
and

(b)

the gift, disposition or trust of property takes effect, or may take effect, or the trust fund may be applied, on or after that commencement—
the gift, disposition, trust or trust fund does
not fail only because of the provisions of this
Act but on or after that commencement—

(c)

in the case of a gift, disposition or trust, takes effect as if made or declared to or in favour of the Foundation for a
purpose of the Foundation that
corresponds with, or is similar to, the
purpose for which the gift, disposition
or trust was made or declared; and

(d)

in the case of a trust fund, may be applied as if created to or in favour of the Foundation for a purpose of the Foundation that corresponds with, or is similar to, the purpose for which the fund was created.".

17. Amendment of section 22
In section 22 of the Principal Act for "Victorian
Synod of The Uniting Church" substitute
"Synod".

_______________
Epworth Hospital (Amendment) Act 1997

Act No. 97/1997 s. 18

PART 3—FURTHER AMENDMENTS

No. 9404

18. Principal Act amended by
Nos 9549,

In this Part, the Epworth Foundation Act 1980 is 10087 and
called the Principal Act. 42/1995.

19. Board of Management
(1) In section 9 of the Principal Act, for sub-section
(1) substitute—
"(1) The Board of Management shall consist of

11 members of whom—

(a) 6 shall be appointed by the Synod, after consultation with the Board of Management;
(b) 5 shall be appointed by the Board of Management.
(1A) If the Board of Management appoints a Chief

Executive Officer, the Chief Executive
Officer shall be appointed as one of the 5
members of the Board under sub-section
(1)(b).".

(2) In section 9(2) of the Principal Act, for "and the
Chairman of the Medical Advisory Council" substitute ", if a Chief Executive Officer is appointed,".

(3) In section 9 of the Principal Act, for sub-section
(9) substitute—
"(9) A person who, immediately before the
commencement of section 19 of the was a member of the Board of Management continues, subject to this section, to be a member despite the amendment of this section by that Act.".

Epworth Hospital (Amendment) Act 1997

s. 20

Act No. 97/1997

20. Chief Executive Officer may be appointed
In section 14(1) of the Principal Act, for "shall" substitute "may".

21. Proceedings and Regulations of Board of Management
In the Principal Act—

(a) in section 15(1) after "President and" (where secondly occurring) insert ", if there is a Chief Executive Officer,";
(b) in section 15(3) after "Management or" insert ", if there is a Chief Executive Officer,";
(c) in section 17(1) omit "including, without limiting the generality of the foregoing, a Medical Advisory Council to advise it on medical matters pertaining to the
Foundation";
(d) section 21 is repealed.

22. New Part 5 inserted
After section 22 of the Principal Act insert—
'PART 5—TRANSFER OF PROPERTY TO EPWORTH HOSPITAL LTD

23. Definitions
In this Part—
"excluded property" means—

(a)

shares in Epworth Hospital held by the Foundation;
(b) the Epworth Medical Foundation
established by a Declaration of
Trust dated 29 April 1982;
(c) trust property;

Epworth Hospital (Amendment) Act 1997

Act No. 97/1997 s. 22

(d)
by notice published in the
Government Gazette to be
property declared by the Minister purposes of this Part;
"former instrument" means an instrument relating to transferred property—

(a)

that was given to or in favour of the Foundation;
(b) that refers to the Foundation;
(c) under which—

(i)
money is, or may become, Foundation; or
(ii) other property is to be, or may become liable to be, transferred to or by the
Foundation;

"liabilities" means all liabilities, duties and obligations, whether actual, contingent or prospective;
"property" means any legal or equitable estate or interest (whether present or future and whether vested or
contingent) in real or personal property
of any description;

"rights" means all rights, powers, privileges

and immunities, whether actual,
contingent or prospective;

"transferred property" means property,
rights and liabilities of the Foundation that, under this Part, have vested in, or become liabilities of, Epworth Hospital;

"trust property" means—
Epworth Hospital (Amendment) Act 1997

s. 22

Act No. 97/1997

(a)
property made or declared or
a gift, disposition or trust of declared; or

(b) a trust fund created—
before the commencement of section 22
of the Epworth Hospital
(Amendment) Act 1997 (whether by
deed, will or otherwise) to, or in favour
of, for the use of, or for carrying out the
objects of, the Foundation or of the
former hospital within the meaning of
section 20 of this Act.
24. Transfer of property
(1) The property and rights of the Foundation,
other than excluded property, vest in encumbrances (if any) to which they were subject immediately before so vesting.
(2) The liabilities of the Foundation, other than

liabilities in respect of excluded property,
become liabilities of Epworth Hospital.

25.
Substitution of party to agreement liabilities of the Foundation under an agreement vest in, or become liabilities of, Epworth Hospital—

(a)

Epworth Hospital becomes a party to the agreement in place of the Foundation; and

(b)

the agreement has effect as if Epworth Hospital had always been a party to the agreement.
26. Former instruments

Epworth Hospital (Amendment) Act 1997

Act No. 97/1997 s. 22
Each former instrument continues to have effect according to its tenor on and after the commencement of section 22 of the Epworth Hospital (Amendment) Act 1997 as if a reference in the instrument to—

(a)

the Foundation were a reference to Epworth Hospital; and

(b)

the Board of Management were a reference to the board of directors of Epworth Hospital.

27.
If, immediately before the commencement of
section 22 of the Epworth Hospital
(Amendment) Act 1997, proceedings
relating to the transferred property (including
Proceedings Foundation was a party were pending or existing in any court or tribunal, then, on and after that commencement, Epworth Hospital is substituted for the Foundation as a party to the proceedings and has the same rights in the proceedings as the Foundation had.

28.
Interests in land Part and despite anything to the contrary in any other Act or law, if, immediately before the commencement of section 22 of the Epworth Hospital (Amendment) Act 1997, the Foundation is, in relation to the transferred property, the registered proprietor of an interest in land under the Transfer of Land Act 1958, then, on and after that commencement—

Epworth Hospital (Amendment) Act 1997

s. 22

Act No. 97/1997

(a)

Epworth Hospital is to be taken to be the registered proprietor of that interest in land; and

(b)

Epworth Hospital has the same rights and remedies in respect of that interest as the Foundation had.

29.
Amendment of Register do so and on delivery of any relevant certificate of title or instrument and certificate of the Foundation, must make any amendments in the Register that are necessary because of the operation of this Part.

30.
No stamp duty or other tax is chargeable
under any Act in respect of anything effected
Taxes any act or transaction connected with or necessary to be done by reason of this Part, including a transaction entered into or an instrument made, executed, lodged or given, for the purpose of, or connected with the transfer of property, rights or liabilities of the Foundation.

31.
Rates rates or charges in respect of any transferred property that but for this section may be payable under section 174 of the Local Government Act 1989.
32. Evidence

Epworth Hospital (Amendment) Act 1997

Act No. 97/1997 s. 22
Documentary or other evidence that would have been admissible for or against the interests of the Foundation in relation to transferred property if this Part had not been enacted, is admissible for or against the interests of Epworth Hospital.

33. Staff
(1) A person who, immediately before the date
of commencement of section 22 of the
Epworth Hospital (Amendment) Act 1997,
was employed by the Foundation ("a
transferred employee") is to be regarded
as—

(a) having been employed by Epworth Hospital with effect from that date; and
(b) having been so employed on the same terms and conditions as those that applied to the person, immediately before that date, as an employee of the Foundation; and
(c) having accrued an entitlement to benefits, in connection with that employment by Epworth Hospital, that
is equivalent to the entitlement that the person had accrued, as an employee of the Foundation, immediately before
that date.

(2) The service of a transferred employee as an

employee of Epworth Hospital is to be
regarded for all purposes as having been
continuous with the service of the employee,
immediately before the date of
commencement of section 22 of the
Epworth Hospital (Amendment) Act 1997,
as an employee of the Foundation.

Epworth Hospital (Amendment) Act 1997

s. 22

Act No. 97/1997

(3) A transferred employee is not entitled to receive any payment or other benefit by reason only of having ceased to be an
employee of the Foundation because of this
Act.
(4) A certificate purporting to be signed by a
member of the Board of Management of the Foundation certifying that a person named in the certificate was, with effect from the date of commencement of section 22 of the
Epworth Hospital (Amendment) Act 1997, in any proceedings and is conclusive proof of the matters stated in it.
employed, by virtue of this section, by
34. Future terms and conditions of transferred employees
Nothing in section 33 prevents—

(a)

any of the terms and conditions of employment of a transferred employee within the meaning of section 33 from being altered by or under any law, award or agreement with effect from any time after the date of commencement of section 22 of the Epworth Hospital (Amendment) Act 1997; or

(b)

such a transferred employee from resigning or being dismissed at any time after that date in accordance with the then existing terms and conditions of his or her employment by Epworth Hospital.

Epworth Hospital (Amendment) Act 1997

Act No. 97/1997 s. 22
35. Superannuation

(1) For the purposes of Part 5 of the Hospitals Superannuation Act 1988—

No. 21/1988. Reprinted as
at 27 March
1997.

(a)
section 22 of the Epworth Hospital
(Amendment) Act 1997, Epworth
Hospital is deemed to have been
declared a Class B participating
on the date of commencement of Act;

(b)
same participating institution as the
Epworth Hospital is deemed to be the date of commencement of that section;

(c)

on the date of commencement of that section, the Foundation ceases to be a participating institution under that Act.

(2) A transferred employee within the meaning
of section 33 who, immediately before the date of commencement of section 22 of the Epworth Hospital (Amendment) Act 1997,
was a member within the meaning of the Hospitals Superannuation Act 1988—

(a)

continues, on and after that commencement, to be such a member for so long as he or she continues to be employed by Epworth Hospital or until otherwise ceasing to be a member within the meaning of that Act;

(b)

is not entitled to receive any payment or other benefit by reason only of having ceased to be an employee of the Foundation because of this Act, despite anything to the contrary in that Act;

Epworth Hospital (Amendment) Act 1997

s. 22

Act No. 97/1997

(c)

is entitled to payments and other benefits as if Epworth Hospital had been the employer at all times since the transferred employee last became such a member.'.
═══════════════

Epworth Hospital (Amendment) Act 1997

Act No. 97/1997 Notes

NOTES

†
Minister's second reading speech—
Legislative Assembly: 13 November 1997
Legislative Council: 9 December 1997
The long title for the Bill for this Act was "to amend the Epworth
Hospital Act 1980 and for other purposes."

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3.	Principal Act	3
4.	Heading to Part 1 inserted	3
"PART 1—PRELIMINARY"	3
5.	Change of name of Act	3
6.	Definitions	3
7.	Heading to Part 2 inserted	4
"PART 2—EPWORTH FOUNDATION"	4
8.	Change of name of body corporate	4
9.	New sections 4 and 5 substituted	4
4. Objects	4
5. Powers	6
10.	Application of property and winding up	6
11.	Members of Board of Management	6
12.	Matters relating to Board of Management	8
13.	Definition for section 20	10
14.	Headings to Part 3 and 4	10
"PART 3—PROPERTY OF FORMER HOSPITAL"	10
"PART 4—GENERAL"	10
15.	Amendment of section 21	10
16.	New section 21A inserted	10

18.	Principal Act	12
19.	Board of Management	12
20.	Chief Executive Officer may be appointed	13
21.	Proceedings and Regulations of Board of Management	13
22.	New Part 5 inserted	13
PART 5—TRANSFER OF PROPERTY TO EPWORTH
HOSPITAL LTD	13
23. Definitions	13
24. Transfer of property	15
25. Substitution of party to agreement	15
26. Former instruments	15
27. Proceedings	16
28. Interests in land	16
29. Amendment of Register	17
30. Taxes	17
31. Rates	17
32. Evidence	17
33. Staff	18
34. Future terms and conditions of transferred employees	19
35. Superannuation	20

(a)	to promote and fund medical and health care research of any kind in Australia that is, or is likely to be, of benefit to the community;
(b)	financial assistance for medical and other health care education in Australia including, without limitation, the education and training in Australia of

(d)	to conduct and maintain a hospital or hospitals in Australia;
(e)	in relation to a hospital or hospitals conducted and maintained under paragraph (d), to promote the treatment of each patient in a manner that accords the respect due to a person before God, according to the beliefs of the Uniting Church;
(f)	to provide medical and other health care services of any kind in Australia;
(g)	another entity which does not seek to secure pecuniary profit for its

(h)	to promote and provide funds in Australia for charitable purposes located in Australia and being
undertaken solely in Australia including, without limitation, providing funds to an entity or trust whose purposes or objects are wholly charitable and wholly carried out within Australia.

(a)	may acquire, hold and dispose of real and personal property;
(b)	may obtain financial accommodation and make investments;

(d)	may enter into agreements and arrangements;
(e)	may form, or participate in the formation of, or be a member of, a body corporate;
(f)	formation of, and may participate in,

(a)	in sections 7 and 8, for "Hospital" (wherever occurring) substitute "Foundation";
(b)	in section 8, after "Property Trust" insert "to be applied solely for charitable purposes".

(h)	in section 15(3), for "and the Chief Executive Officer or his deputy" substitute "or by one member of the Board of Management and the Chief Executive Officer or his or her deputy";
(i)

(c)	in the case of a gift, disposition or trust, takes effect as if made or declared to or in favour of the Foundation for a
purpose of the Foundation that corresponds with, or is similar to, the purpose for which the gift, disposition or trust was made or declared; and
(d)	in the case of a trust fund, may be applied as if created to or in favour of the Foundation for a purpose of the Foundation that corresponds with, or is similar to, the purpose for which the fund was created.".

In this Part, the Epworth Foundation Act 1980 is	10087 and
called the Principal Act.	42/1995.

(a)	6 shall be appointed by the Synod, after consultation with the Board of Management;
(b)	5 shall be appointed by the Board of Management.

(a)	in section 15(1) after "President and" (where secondly occurring) insert ", if there is a Chief Executive Officer,";
(b)	in section 15(3) after "Management or" insert ", if there is a Chief Executive Officer,";
(c)	in section 17(1) omit "including, without limiting the generality of the foregoing, a Medical Advisory Council to advise it on medical matters pertaining to the

(a)	shares in Epworth Hospital held by the Foundation;
(b)	the Epworth Medical Foundation established by a Declaration of Trust dated 29 April 1982;

Act No. 97/1997	s. 22
(d)	by notice published in the Government Gazette to be

(a)	Epworth Hospital becomes a party to the agreement in place of the Foundation; and
(b)	the agreement has effect as if Epworth Hospital had always been a party to the agreement.

(a)	the Foundation were a reference to Epworth Hospital; and
(b)	the Board of Management were a reference to the board of directors of Epworth Hospital.
27.	If, immediately before the commencement of section 22 of the Epworth Hospital (Amendment) Act 1997, proceedings relating to the transferred property (including

(a)	Epworth Hospital is to be taken to be the registered proprietor of that interest in land; and
(b)	Epworth Hospital has the same rights and remedies in respect of that interest as the Foundation had.
29.

(a)	having been employed by Epworth Hospital with effect from that date; and
(b)	having been so employed on the same terms and conditions as those that applied to the person, immediately before that date, as an employee of the Foundation; and
(c)	having accrued an entitlement to benefits, in connection with that employment by Epworth Hospital, that

(a)	any of the terms and conditions of employment of a transferred employee within the meaning of section 33 from being altered by or under any law, award or agreement with effect from any time after the date of commencement of section 22 of the Epworth Hospital (Amendment) Act 1997; or
(b)	such a transferred employee from resigning or being dismissed at any time after that date in accordance with the then existing terms and conditions of his or her employment by Epworth Hospital.

(1) For the purposes of Part 5 of the Hospitals Superannuation Act 1988—	No. 21/1988. Reprinted as
at 27 March 1997.

(a)	continues, on and after that commencement, to be such a member for so long as he or she continues to be employed by Epworth Hospital or until otherwise ceasing to be a member within the meaning of that Act;
(b)	is not entitled to receive any payment or other benefit by reason only of having ceased to be an employee of the Foundation because of this Act, despite anything to the contrary in that Act;