Version No. 001
Epworth Hospital Act 1980
Act No. 9404/1980
Version incorporating amendments as at 22 August 1997
table of provisions
SectionPage
1
SectionPage
1.Short title and commencement
2.Definitions
3.Constitution and incorporation of Epworth Hospital
4.Objects
5.Powers of Hospital
6.Guarantee of repayment
7.Application of property and income
8.Disposal of assets on windingup
9.Board of Management
10.Annual general meeting and report
11.President and Deputy President
12.Proceedings of the Board of Management
13.Powers of Board of Management
14.Chief Executive Officer
15.Seal
16.Accounts
17.Committees
18.Disclosure of interests
19.Indemnity
20.Land, property, obligations etc. vested in the Hospital
21.Regulations
22.Amendment of Act
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
1
Version No. 001
Epworth Hospital Act 1980
Act No. 9404/1980
Version incorporating amendments as at 22 August 1997
1
Act No. 9404/1980
Epworth Hospital Act 1980
An Act to establish a Body Corporate under the name of Epworth Hospital, to repeal the Epworth Hospital (Guarantee) Act 1977 and the Epworth Hospital (Guarantee) (Amendment) Act 1977, and for other purposes.
Preamble
WHEREAS Epworth Hospital was founded in 1920 by the Victorian Conference of the Methodist Church of Australasia as an integral part of the said Church:
AND WHEREAS The Methodist Church of Australasia pursuant to The Uniting Church in Australia Act 1977 united with the Presbyterian Church of Australia and the Congregational Union of Australia to form The Uniting Church in Australia:
AND WHEREAS Epworth Hospital has provided and maintained a Hospital at Erin Street, Richmond in the State of Victoria, which Hospital has provided medical and surgical services and facilities for the community as a whole:
AND WHEREAS it is desirable that there be established a body corporate to be called "Epworth Hospital" as successor to and to acquire the assets held or used for or in connection with Epworth Hospital and to provide the services previously provided by that Hospital:
AND WHEREAS it is expedient to make provision as hereinafter enacted:
BE IT THEREFORE ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):
1.Short title and commencement
s. 1
(1)This Act may be cited as the Epworth Hospital Act 1980.
(2)This Act shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.
2.Definitions
In this Act unless inconsistent with the context or subject-matter—
"Board of Management" means the Board of Management constituted pursuant to section9;
"liabilities" means duties and obligations of every description and includes contingent liabilities;
"property" includes any thing in action and any interest in real or personal property;
"the Hospital" means the body corporate by the name of the Epworth Hospital established by this Act;
"Uniting Church" means The Uniting Church in Australia constituted pursuant to The Uniting Church in Australia Act 1977; and
"the Property Trust" means The Uniting Church in Australia Property Trust (Victoria) constituted by The Uniting Church in Australia Act 1977.
3.Constitution and incorporation of Epworth Hospital
(1)There is hereby established a body corporate with perpetual succession and a common seal, capable in law of holding land, of suing and being sued and of doing and suffering all acts matters and things which bodies corporate may by law do or suffer.
(2)The name of the body corporate shall be "Epworth Hospital".
(3)The body corporate shall consist of the Board of Management.
(4)All courts, judges and persons acting judicially shall take judicial notice of the common seal of the body corporate affixed to a document and until the contrary is proved shall presume that it was duly affixed.
4.Objects
s. 3
The objects for which the Hospital is established are—
(a)to conduct and maintain a hospital at Erin Street, Richmond in the State of Victoria and at such other place or places in addition thereto or in substitution therefor as the Board of Management may hereafter decide;
(b)to provide at the hospital diagnostic services and medical, surgical and other services for the treatment of the physical and spiritual needs of the sick and the injured, whether as in-patients or out-patients and whether as public, intermediate or private patients;
(c)to treat each patient with the respect due to a person before God, according to the beliefs of The Uniting Church in Australia;
(d)to educate and train medical students (including under-graduates, interns and post-graduates), nurses, therapists and others engaged in health care services; and
(e)to conduct research by all such means as the Board of Management may think advisable into all or any matters that may relate to the objects aforesaid.
5.Powers of Hospital
s. 5
To further the objects enumerated in section 4 the Hospital shall have and may exercise all or any of the following powers, that is to say—
(a)to employ medical, surgical and pharmaceutical officers, nurses and attendants, clerical and administrative staff, chaplains, social workers and all such other persons as may be required;
(b)to provide and supply all such medical, surgical and pharmaceutical items and all such provisions and necessities as may be required;
(c)to purchase, take on lease, on hire or in exchange or otherwise acquire in any manner howsoever for such tenure and upon such conditions and terms as may to the Board of Management seem fit—
(i)any estate or interest in any land freehold or leasehold or for other tenure whether situate in the State of Victoria or elsewhere or any easement, licence, right or privilege connected with or connected to any land;
(ii)any plant, machinery, apparatus, implement, tool, appliance, instrument or other personal property of any description whatsoever;
(d)to borrow money, receive money on loan or deposit or otherwise obtain financial accommodation in such a manner and on such terms as may to the Board of Management seem expedient; to give security for the repayment of any money or financial accommodation borrowed, received or obtained by issuing debentures or debenture stock or giving or executing mortgages, charges, sub-charges, bills of exchange, promissory notes or liens upon the whole or any part of the property, goodwill, undertaking and rights of the Hospital whether present or future; and to redeem and pay off any such securities;
(e)to invest and from time to time vary the investment of any of its moneys which are not immediately required to further its objects in such manner as the Board of Management in its absolute discretion thinks fit;
s. 5
(f)to support and join any association or body corporate whose activities may in the opinion of the Board of Management benefit or assist the Hospital to further its objects and to pay the subscriptions of the same;
(g)to establish and support institutions, funds and trusts for the benefit of employés or ex-employés of the Hospital or the dependants of such persons and to grant pensions and allowances and to make payments towards insurances;
(h)to grant charitable relief or concessions to persons unable to afford fees for their proper medical or other treatment or nursing care;
(i)to promote, establish, superintend, conduct, control and assist committees, auxiliaries and other forms of organization to advance the interests of the Hospital; and
(j)to do all such things as are in the opinion of the Board of Management incidental to the exercise of the abovementioned powers or any of them.
6.Guarantee of repayment
s. 6
(1)The Treasurer of Victoria may with the approval of the Governor in Council execute in favour of any institution person or body lending money to the Hospital a guarantee of repayment thereof and payment of any interest, charges and expenses payable by the Hospital under the terms of the loan and any expenses incurred by the creditor in enforcing or endeavouring to enforce the terms of the loan and obtaining or endeavouring to obtain repayment of the loan and payment of the interest, charges and expenses.
(2)Any sum required by the Treasurer to fulfil any guarantee executed pursuant to sub-section (1) shall be paid out of the Consolidated Fund (which is hereby to the necessary extent appropriated accordingly) and any sum received or recovered by the Treasurer from the Hospital or otherwise in respect of any sum so paid by him shall be paid into the Consolidated Fund.
(3)Before a guarantee is executed by the Treasurer pursuant to sub-section (1) the Hospital shall give to the Treasurer such securities as the Treasurer requires and shall execute all such instruments as are necessary for that purpose.
7.Application of property and income
(1)Subject to sub-section (2), the income and property of the Hospital shall be applied solely to further the objects of the Hospital.
(2)Nothing in sub-section (1) shall prevent the payment in good faith by the Hospital of the salaries and wages of its officers and employés and the proper fees of the members of the Board of Management.
8.Disposal of assets on windingup
s. 7
If upon the winding up or dissolution of the Hospital there remains after satisfaction of all its debts and liabilities any property whatsoever, the same shall be given or transferred to the Property Trust.
9.Board of Management
(1)The Board of Management shall consist of eleven members of whom—
(a)one shall be the person who for the time being is the Chief Executive Officer of the Hospital appointed pursuant to section 14;
(b)one shall be the person who for the time being is Chairman of the Medical Advisory Council appointed pursuant to section 17(1);
(c)six shall be appointed by the Uniting Church after consultation with the Board of Management; and
(d)three shall be appointed by the Board of Management.
(2)The members of the Board of Management other than the Chief Executive Officer and the Chairman of the Medical Advisory Council shall be appointed for a term of three years and subject to sub-section (3) shall be eligible for re-appointment.
(3)No member of the Board of Management other than the Chief Executive Officer or the Chairman of the Medical Advisory Council shall be eligible to remain on the Board of Management for more than nine consecutive years.
S. 9(4) repealed by No. 42/1995
s. 224(Sch. 2 item 16).
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(5)The office of a member of the Board of Management shall become vacant if the member—
s. 9
(a)resigns his office by writing under his hand delivered to the President or Deputy President of the Hospital;
(b)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 estate for the benefit of his creditors;
(c)becomes of unsound mind; or
(d)is absent from three consecutive meetings of the Board of Management without the consent of the Board of Management.
(6)Casual vacancies on the Board shall be filled—
(a)by the Uniting Church after consultation with the Board of Management if the vacating member was appointed by the Uniting Church;
(b)by the Board if the vacating member was appointed by the Board.
(7)A person appointed to fill a casual vacancy shall hold office for the expiration of the term of the member in respect of whom the casual vacancy occurred and shall be eligible for re-appointment.
(8)The period during which a person is a member of the Board of Management by reason of being appointed to fill a casual vacancy shall not be counted for the purposes of sub-section (3).
s. 9
(9)Notwithstanding anything to the contrary in this section, the Board of Management as first constituted shall consist of eleven persons appointed by the Hospital Board of Epworth Hospital of whom—
(a)three (who shall be selected by the Board of Management at its first meeting by agreement or in default of agreement by lot) shall retire at the expiration of one year after their appointment;
(b)three (who shall be selected by the Board of Management at its first meeting by agreement or in default of agreement by lot) shall retire at the expiration of two years after their appointment; and
(c)the remainder shall retire at the expiration of three years after their appointment—
and each vacancy occurring by reason of the retirement of members pursuant to this sub-section shall be filled in accordance with sub-section (1).
10.Annual general meeting and report
s. 10
(1)The Board of Management shall in each year after the year in which this Act comes into operation hold a meeting to be called the Annual General Meeting of the Board of Management.
(2)The Annual General Meeting of the Board of Management shall be held on 30 November in each year or such earlier date (not being earlier than 1 August) in that year as the Board determines.
(3)At its Annual General Meeting the Board of Management shall consider and adopt a report on the affairs of the Hospital for the preceding year.
(4)The Board of Management shall present a copy of the report adopted at its Annual General Meeting to the Uniting Church.
11.President and Deputy President
(1)At the meeting following each Annual General Meeting of the Board of Management the members of the Board shall elect a President and Deputy President of the Board from among their number.
(2)Subject to this section, the President and Deputy President shall each hold office until conclusion of the meeting following the Annual General Meeting next following their appointment.
(3)The President or Deputy President shall cease to hold office on ceasing to be a member of the Board.
(4)The President or Deputy President may resign his office in writing.
(5)If the President resigns or otherwise ceases to hold office, the Deputy President shall hold office as President until the conclusion of the meeting following the next Annual General Meeting.
(6)If the Deputy President—
(a)resigns or otherwise ceases to hold office; or
(b)becomes President by operation of sub-section (5)—
then the members of the Board of Management shall elect a person from among their number to be Deputy President until the conclusion of the next following Annual General Meeting.
(7)The President and Deputy President shall be eligible for re-election but neither the President or Deputy President shall hold office as such for a continuous term of more than three years.
12.Proceedings of the Board of Management
s. 12
(1)Subject to section 10(1), meetings of the Board of Management shall be held at such times and places as the Board determines or the President of the Hospital directs.
(2)If the President of the Board of Management receives a written request for a meeting of the Board signed by three or more members of the Board he shall direct that a meeting be held.
(3)At a meeting of the Board of Management, six persons shall constitute a quorum.
(4)At a meeting of the Board of Management—
(a)if the President of the Hospital is present, he shall preside;
(b)if the Deputy President of the Hospital is present but the President is not, the Deputy President shall preside; or
(c)if neither the President nor the Deputy President is present, a member of the Board of Management elected by those members present shall preside.
(5)All questions before the Board of Management shall be decided by a majority of votes, and in the event of an equality of votes the presiding member shall have an additional vote.
(6)An act or decision of the Board of Management shall not be invalid by reason of a vacancy on the Board at the time or a defect or irregularity in the appointment of a member.
(7)Subject to this Act, the Board of Management shall determine its own procedure.
13.Powers of Board of Management
s. 13
The Board of Management shall have power to—
(a)manage the Hospital;
(b)obtain by means of subscriptions, donations, bequests or otherwise money or property for the purposes of the Hospital;
(c)confer and co-operate with the Commonwealth Government, the Government of Victoria, any government department, any municipal council or any other public body in all matters conducive to the furtherance of the objects of the Hospital;
(d)appoint as a Life Governor of the Hospital any person who has in the opinion of the Board rendered outstanding services to the Hospital or made substantial donations to it; and
(e)do such things as are incidental to the exercise of its powers.
14.Chief Executive Officer
(1)The Board of Management shall from time to time appoint a Chief Executive Officer, however styled, to manage the Hospital.
(2)The Board of Management may at any time remove any person appointed under sub-section(1).
(3)The Chief Executive Officer shall report to the Board of Management.
(4)The Chief Executive Officer shall retire on attaining the age of 65 years.
(5)The Board of Management may from time to time appoint a person to be the deputy of the Chief Executive Officer.
15.Seal
s. 14
(1)The common seal of the Hospital shall be in the control of the President and Deputy President of the Hospital and the Chief Executive Officer.
(2)The common seal shall not be used except pursuant to a resolution passed at a properly constituted meeting of the Board of Management.
(3)The seal shall be deemed not to have been validly affixed to a document unless the document is signed by two members of the Board of Management and the Chief Executive Officer or his deputy.
16.Accounts
(1)The Board of Management shall cause full and true accounts to be kept of the income and expenditure of the Hospital and of its assets and liabilities.
(2)A member of the Board of Management may inspect the accounts of the Hospital at the times and on the conditions determined by the Board.
(3)The Board of Management shall each year appoint a registered company auditor to audit the accounts of the Hospital.
17.Committees
(1)The Board of Management may, as it deems necessary, from time to time form and discharge committees and councils however named to advise or assist it upon matters related to the Hospital and its objects including, without limiting the generality of the foregoing, a Medical Advisory Council to advise it on medical matters pertaining to the Hospital.
(2)The Board of Management may appoint a person to serve on a committee or council whether or not the person is a member of the Board.
(3)The Chairman of a committee or council may be nominated by the Board but in default of such a nomination the committee or council shall elect its own Chairman.
(4)All questions before committees and councils shall be decided by a majority of votes, and in the event of an equality of votes the Chairman shall have an additional vote.