Hospitals Act 1918

Hospitals Act 1918

An Act to provide for the regulation and inspection of private hospitals

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART I - Preliminary

1.   Short title and commencement

[Section 1 Amended by 25 Geo. V No. 78 ]This Act may be cited as the Hospitals Act 1918 , and shall come into operation on 15th May 1919.

2.   

[Section 2 Repealed by 25 Geo. V No. 78 ].  .  .  .  .  .  .  .  

3.   

[Section 3 Repealed by 25 Geo. V No. 78 ].  .  .  .  .  .  .  .  

4.   Interpretation

[Section 4 Amended by 25 Geo. V No. 78 ][Section 4 Amended by No. 28 of 1977, s. 2 ][Section 4 Subsection (1) amended by No. 41 of 1960, s. 2 ][Section 4 Subsection (1) amended by No. 63 of 1963, s. 2 and Sched. 2 ][Section 4 Subsection (1) amended by No. 6 of 1979, s. 3 ][Section 4 Subsection (1) amended by No. 37 of 1981, s. 4 ][Section 4 Subsection (1) amended by No. 96 of 1982, s. 3 ][Section 4 Subsection (1) amended by No. 5 of 1990, s. 3 and Sched. 1 ][Section 4 Subsection (1) amended by No. 4 of 1991, s. 39 and Sched. 4 ][Section 4 Amended by No. 63 of 1963, s. 2 and Sched. 2 ]

(1)  [Section 4 Subsection (1) amended by No. 23 of 1960, s. 5 and Sched. 1 ]In this Act, unless the contrary intention appears –

functions includes duties;

infectious disease has the same meaning as in the Public Health Act 1935 ;

in-patient means any person received and lodged in a hospital for observation or treatment;

out-patient means any person received at a hospital for observation or treatment, but not lodged therein;

private medical establishment means an establishment the sole or main object, or one of the main objects, of which is, or is held out to be, the provision of accommodation (whether with or without medical or other treatment) for –

(a) [Section 4 Subsection (1) amended by No. 32 of 1996, Sched. 1, Applied:01 Nov 1999] persons suffering from any illness, injury, or infirmity, or from mental disorder;

(b) pregnant women or women immediately after childbirth;

(c) persons who are blind, deaf, or dumb, or who are substantially and permanently handicapped by illness, injury, or congenital deformity, or by any other prescribed disability; or

(d) persons who are aged –

but does not include any establishment maintained by the State, any public hospital, any school registered under Part IV of the Education Act 1932 , or any institution within the meaning of the Public Welfare Institutions Act 1935 ;

Secretary means the Secretary of the Department.

(2)  [Section 4 Subsection (2) added by No. 41 of 1960, s. 2 ]The provision of accommodation or treatment for –

(a) [Section 4 Subsection (2) amended by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] .  .  .  .  .  .  .  .  

(b) [Section 4 Subsection (2) amended by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] an infant within the meaning of the Child Care Act 1960 in a home or nursery within the meaning of that Act–

(c) .  .  .  .  .  .  .  .  

(d) .  .  .  .  .  .  .  .  

(e) .  .  .  .  .  .  .  .  

does not, for the purposes of this Act, constitute the carrying on of a private medical establishment at the premises at which the accommodation or treatment is provided.

(3)  [Section 4 Subsection (3) omitted by No. 6 of 1979, s. 3 ].  .  .  .  .  .  .  .  

5.   Administration

(1)  [Section 5 Subsection (1) amended by 25 Geo. V No. 78 ]The Minister is hereby charged with the administration of this Act.

(2)  [Section 5 Subsection (2) added by No. 41 of 1960, s. 3 ][Section 5 Subsection (2) amended by No. 4 of 1991, s. 39 and Sched. 4 ] Section 3 of the Health Services Act 1960 has effect as if the powers and discretions vested in the Minister under Part III of this Act (otherwise than under section 68 ) and under sections 71 , 72 , 73 (2) and 74 of this Act were vested in him by the operation of that Act.

6.   Duties and powers of Minister

[Section 6 Amended by 25 Geo. V No. 78 ]

(1)  [Section 6 Subsection (1) amended by No. 4 of 1991, s. 39 and Sched. 4 ]It shall be the duty of the Minister to direct some officer, subject to the provisions of this Act –

(a) to investigate and make inquiry as to the hospital accommodation necessary to meet the needs of the sick or injured persons resident in Tasmania;

(b) .  .  .  .  .  .  .  .  

(c) generally to see that the provisions of this Act are carried out.

(2)  [Section 6 Subsection (2) omitted by No. 4 of 1991, s. 39 and Sched. 4 ].  .  .  .  .  .  .  .  

(3)  [Section 6 Subsection (3) omitted by No. 4 of 1991, s. 39 and Sched. 4 ].  .  .  .  .  .  .  .  

(4)  [Section 6 Subsection (4) omitted by No. 4 of 1991, s. 39 and Sched. 4 ].  .  .  .  .  .  .  .  

6A.   

[Section 6A Repealed by No. 5 of 1990, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

PART II - .  .  .  .  .  .  .  .  

[Part II Repealed by No. 4 of 1991, s. 39 and Sched. 4 ]

6B.   

[Section 6B Repealed by No. 4 of 1991, s. 39 and Sched. 4 ].  .  .  .  .  .  .  .  

7.   

[Section 7 Repealed by No. 4 of 1991, s. 39 and Sched. 4 ].  .  .  .  .  .  .  .  

8.   

[Section 8 Repealed by No. 4 of 1991, s. 39 and Sched. 4 ].  .  .  .  .  .  .  .  

9.   

[Section 9 Repealed by No. 4 of 1991, s. 39 and Sched. 4 ].  .  .  .  .  .  .  .  

10.   

[Section 10 Repealed by No. 4 of 1991, s. 39 and Sched. 4 ].  .  .  .  .  .  .  .  

11.   

[Section 11 Repealed by No. 4 of 1991, s. 39 and Sched. 4 ].  .  .  .  .  .  .  .  

11A.   

[Section 11A Repealed by No. 4 of 1991, s. 39 and Sched. 4 ].  .  .  .  .  .  .  .  

11AB.   

[Section 11AB Repealed by No. 4 of 1991, s. 39 and Sched. 4 ].  .  .  .  .  .  .  .  

11B.   

[Section 11B Repealed by No. 4 of 1991, s. 39 and Sched. 4 ].  .  .  .  .  .  .  .  

11C.   

[Section 11C Repealed by No. 4 of 1991, s. 39 and Sched. 4 ].  .  .  .  .  .  .  .  

11D.   

[Section 11D Repealed by No. 4 of 1991, s. 39 and Sched. 4 ].  .  .  .  .  .  .  .  

12.   

[Section 12 Repealed by No. 4 of 1991, s. 39 and Sched. 4 ].  .  .  .  .  .  .  .  

13.   

[Section 13 Repealed by No. 4 of 1991, s. 39 and Sched. 4 ].  .  .  .  .  .  .  .  

14.   

[Section 14 Repealed by No. 4 of 1991, s. 39 and Sched. 4 ].  .  .  .  .  .  .  .  

15.   

[Section 15 Repealed by No. 4 of 1991, s. 39 and Sched. 4 ].  .  .  .  .  .  .  .  

16.   

[Section 16 Repealed by No. 4 of 1991, s. 39 and Sched. 4 ].  .  .  .  .  .  .  .  

17.   

[Section 17 Repealed by No. 4 of 1991, s. 39 and Sched. 4 ].  .  .  .  .  .  .  .  

18.   

[Section 18 Repealed by No. 48 of 1949, s. 5 ].  .  .  .  .  .  .  .  

19.   

[Section 19 Repealed by No. 4 of 1991, s. 39 and Sched. 4 ].  .  .  .  .  .  .  .  

20.   

[Section 20 Repealed by No. 4 of 1991, s. 39 and Sched. 4 ].  .  .  .  .  .  .  .  

21.   

[Section 21 Repealed by No. 4 of 1991, s. 39 and Sched. 4 ].  .  .  .  .  .  .  .  

22.   

[Section 22 Repealed by No. 4 of 1991, s. 39 and Sched. 4 ].  .  .  .  .  .  .  .  

23.   

[Section 23 Repealed by No. 10 of 1965, s. 7 ].  .  .  .  .  .  .  .  

23A.   

[Section 23A Repealed by No. 4 of 1991, s. 39 and Sched. 4 ].  .  .  .  .  .  .  .  

24.   

[Section 24 Repealed by No. 4 of 1991, s. 39 and Sched. 4 ].  .  .  .  .  .  .  .  

25.   

[Section 25 Repealed by No. 4 of 1991, s. 39 and Sched. 4 ].  .  .  .  .  .  .  .  

26.   

[Section 26 Repealed by No. 48 of 1949, s. 8 ].  .  .  .  .  .  .  .  

27.   

[Section 27 Repealed by No. 4 of 1991, s. 39 and Sched. 4 ].  .  .  .  .  .  .  .  

28.   

[Section 28 Repealed by No. 4 of 1991, s. 39 and Sched. 4 ].  .  .  .  .  .  .  .  

29.   

[Section 29 Repealed by No. 28 of 1976, s. 74 and Sched. 3 ].  .  .  .  .  .  .  .  

29A.   

[Section 29A Repealed by No. 4 of 1991, s. 39 and Sched. 4 ].  .  .  .  .  .  .  .  

30.   

[Section 30 Repealed by No. 4 of 1991, s. 39 and Sched. 4 ].  .  .  .  .  .  .  .  

31.   

[Section 31 Repealed by No. 4 of 1991, s. 39 and Sched. 4 ].  .  .  .  .  .  .  .  

31A.   

[Section 31A Repealed by No. 4 of 1991, s. 39 and Sched. 4 ].  .  .  .  .  .  .  .  

31B.   

[Section 31B Repealed by No. 4 of 1991, s. 39 and Sched. 4 ].  .  .  .  .  .  .  .  

32.   

[Section 32 Repealed by No. 4 of 1991, s. 39 and Sched. 4 ].  .  .  .  .  .  .  .  

33.   

[Section 33 Repealed by No. 29 of 1984, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

33A.   

[Section 33A Repealed by No. 4 of 1991, s. 39 and Sched. 4 ].  .  .  .  .  .  .  .  

34.   

[Section 34 Repealed by No. 29 of 1984, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

34A.   

[Section 34A Repealed by No. 29 of 1984, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

35.   

[Section 35 Repealed by No. 4 of 1991, s. 39 and Sched. 4 ].  .  .  .  .  .  .  .  

36.   

[Section 36 Repealed by No. 4 of 1991, s. 39 and Sched. 4 ].  .  .  .  .  .  .  .  

36A.   

[Section 36A Repealed by No. 4 of 1991, s. 39 and Sched. 4 ].  .  .  .  .  .  .  .  

36B.   

[Section 36B Repealed by No. 4 of 1991, s. 39 and Sched. 4 ].  .  .  .  .  .  .  .  

37.   

[Section 37 Repealed by No. 4 of 1991, s. 39 and Sched. 4 ].  .  .  .  .  .  .  .  

38.   

[Section 38 Repealed by No. 4 of 1991, s. 39 and Sched. 4 ].  .  .  .  .  .  .  .  

39.   

[Section 39 Repealed by No. 4 of 1991, s. 39 and Sched. 4 ].  .  .  .  .  .  .  .  

40.   

[Section 40 Repealed by No. 4 of 1991, s. 39 and Sched. 4 ].  .  .  .  .  .  .  .  

41.   

[Section 41 Repealed by No. 4 of 1991, s. 39 and Sched. 4 ].  .  .  .  .  .  .  .  

42.   

[Section 42 Repealed by No. 4 of 1991, s. 39 and Sched. 4 ].  .  .  .  .  .  .  .  

43.   

[Section 43 Repealed by No. 4 of 1991, s. 39 and Sched. 4 ].  .  .  .  .  .  .  .  

44.   

[Section 44 Repealed by No. 4 of 1991, s. 39 and Sched. 4 ].  .  .  .  .  .  .  .  

45.   

[Section 45 Repealed by No. 4 of 1991, s. 39 and Sched. 4 ].  .  .  .  .  .  .  .  

46.   

[Section 46 Repealed by No. 4 of 1991, s. 39 and Sched. 4 ].  .  .  .  .  .  .  .  

47.   

[Section 47 Repealed by No. 4 of 1991, s. 39 and Sched. 4 ].  .  .  .  .  .  .  .  

48.   

[Section 48 Repealed by No. 4 of 1991, s. 39 and Sched. 4 ].  .  .  .  .  .  .  .  

49.   

[Section 49 Repealed by No. 4 of 1991, s. 39 and Sched. 4 ].  .  .  .  .  .  .  .  

50.   

[Section 50 Repealed by No. 4 of 1991, s. 39 and Sched. 4 ].  .  .  .  .  .  .  .  

51.   

[Section 51 Repealed by No. 4 of 1991, s. 39 and Sched. 4 ].  .  .  .  .  .  .  .  

51A.   

[Section 51A Repealed by No. 4 of 1991, s. 39 and Sched. 4 ].  .  .  .  .  .  .  .  

52.   

[Section 52 Repealed by No. 4 of 1991, s. 39 and Sched. 4 ].  .  .  .  .  .  .  .  

PART IIA - .  .  .  .  .  .  .  .  

[Part IIA Repealed by No. 29 of 1984, s. 3 and Sched. 1 ]

52A.   

[Section 52A Repealed by No. 29 of 1984, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

53.   

[Section 53 Repealed by No. 29 of 1984, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

54.   

[Section 54 Repealed by No. 29 of 1984, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

55.   

[Section 55 Repealed by No. 29 of 1984, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

56.   

[Section 56 Repealed by No. 29 of 1984, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

57.   

[Section 57 Repealed by No. 29 of 1984, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

57A.   

[Section 57A Repealed by No. 29 of 1984, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

57B.   

[Section 57B Repealed by No. 29 of 1984, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

57BA.   

[Section 57BA Repealed by No. 29 of 1984, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

57C.   

[Section 57C Repealed by No. 29 of 1984, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

57D.   

[Section 57D Repealed by No. 29 of 1984, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

PART III - Private Medical Establishments

[Part III Substituted by No. 41 of 1960, s. 8 ]

58.   Interpretation

[Section 58 Substituted by No. 41 of 1960, s. 8 ]In this Part, unless the contrary intention appears –

licence means a licence in force under this Part;

licensee means a person holding a licence, and, when used in relation to a licence or a private medical establishment, means respectively the person holding that licence or the licence in respect of that establishment.

58A.   

[Section 58A Repealed by No. 7 of 1993, s. 6 and Sched. 2 ].  .  .  .  .  .  .  .  

59.   Prohibition of unlicensed private medical establishments

[Section 59 Substituted by No. 41 of 1960, s. 8 ][Section 59 Amended by No. 55 of 1965, s. 5 ][Section 59 Amended by No. 43 of 1991, s. 5 and Sched. 1 ]No person shall carry on, or hold out that there is carried on, at any premises, a private medical establishment except under such title and for such purposes as may be specified in a licence held by him in respect of those premises and in accordance with the conditions prescribed therein.

Penalty:  Fine not exceeding 10 penalty units and a daily fine not exceeding 5 penalty units.

60.   Licences for private medical establishments

[Section 60 Substituted by No. 41 of 1960, s. 8 ]

(1)  A licence shall be in the prescribed form and shall specify –

(a) the person by whom it is held;

(b) the premises to which it relates; and

(c) the purposes for which, and the title under which, a private medical establishment may be carried on at those premises under the authority of the licence –

and may prescribe the conditions subject to which that private medical establishment may be carried on.

(2)  The title specified in a licence shall be such as to indicate, subject to any classification made by regulations for the purposes of this Part, the type of private medical establishment authorized to be carried on under the licence.

(3)  Where a person holding a licence in respect of a private medical establishment dies, his executor or administrator or any member of his family (unless disqualified from holding a licence or being a manager of a private medical establishment) may, for a period of 4 weeks after the death of the licensee or for such longer period as the Minister may approve, carry on that private medical establishment; and, for that period, the licence has effect as if that executor, administrator, or member of the family were named therein as the holder thereof.

(4)  Subject to subsection (5) , a licence expires, unless it is renewed or further renewed, on 31st December next after the date on which it was granted or last renewed.

(5)  Where an appeal is made against a refusal to renew a licence or against any alteration of the conditions prescribed in a licence, the licence continues to have effect, and the alteration has no effect, until the appeal is finally determined or abandoned.

61.   Grant, renewal, and transfer of licences

[Section 61 Substituted by No. 41 of 1960, s. 8 ]

(1)  An application for the grant, renewal, or transfer of a licence shall be made in writing to the Minister in the prescribed manner, and shall contain such particulars and be accompanied by such statements and plans as may be prescribed in relation to the application.

(2)  An application for the renewal of a licence shall be made within such time as may be prescribed.

(3)  Every application under this section shall be verified by the statutory declaration of the applicant.

(4)  On an application under this section for the grant or renewal of a licence the Minister shall, subject to this Act, grant or renew the licence.

(5)  [Section 61 Subsection (5) amended by No. 96 of 1993, s. 252 and Sched. 1 ]The Minister shall not grant or renew a licence authorizing the carrying on at any premises of a private medical establishment for any purpose if he considers –

(a) that the applicant for the grant or renewal is not a fit and proper person to hold the licence;

(b) that for reasons connected with the situation, layout, state of repair, accommodation, staffing, or equipment thereof the premises are unsuitable for use for that purpose or could not be used for that purpose in compliance with this Act; or

(c) that the way in which it is proposed to conduct the establishment is such as would not provide services or facilities reasonably required by persons resorting to such an establishment or would not be in compliance with this Act.

(5A)  [Section 61 Subsection (5A) inserted by No. 56 of 1980, s. 4 ]In respect of an application for the grant of a licence authorizing the carrying on of a private medical establishment at any premises for any purpose, the Minister may refuse to grant that licence on the ground that adequate health care facilities already exist, in the locality in which that establishment is proposed to be established, to meet the present and future health care needs of persons who reside in that locality.

(6)  On an application under this section for the transfer of a licence the Minister shall, subject to this Act, transfer the licence unless he considers that the person to whom the licence is to be transferred is not a fit and proper person to hold the licence.

(7)  On application being made to him in the prescribed manner by the holder of a licence, the Minister may alter the conditions prescribed in the licence.

(8)  On the renewal of a licence the Minister may alter the conditions prescribed therein.

(9)  Before granting a licence, the Minister shall serve notice on the applicant therefor informing him of the terms of the licence which it is proposed to grant.

(10)  Before refusing to grant, renew, or transfer a licence, or altering the conditions prescribed in a licence, the Minister shall serve notice on the applicant for, or the person holding, the licence of his intention so to do.

(11)  If, within 14 days after the service of a notice under subsection (9) or (10) , the person on whom the notice is served by writing so requires, the Minister shall not grant, or refuse to grant, renew, or transfer the licence to which the notice relates, or make the alterations to which the notice relates, until he has given that person the opportunity of being heard by him, or some person authorized by him in that behalf.

(12)  Subsection (10) does not apply in relation to any alterations made in the conditions prescribed in a licence made on the application of the holder thereof, or under section 65 (3) .

61A.   

[Section 61A Repealed by No. 41 of 1960, s. 8 ].  .  .  .  .  .  .  .  

62.   Fees

[Section 62 Substituted by No. 41 of 1960, s. 8 ]No licence shall be granted, renewed, or transferred unless the fees prescribed in relation thereto have been paid to the Minister, and all such fees shall be paid into the Consolidated Revenue.

63.   Surrender of licences

[Section 63 Substituted by No. 41 of 1960, s. 8 ]A licence ceases to have effect on its surrender to the Minister by the licensee.

64.   Register of licences

[Section 64 Substituted by No. 41 of 1960, s. 8 ]

(1)  The Minister shall cause to be kept in the prescribed manner a register of licences containing the prescribed particulars in relation to those licences.

(2)  In any proceedings a copy of, or extract from, any entry in the register kept under this section certified under the hand of the Minister or some person authorized by him in writing in that behalf, is, until the contrary is proved, conclusive evidence of the facts therein stated.

65.   Alterations, &c., to private medical establishments

[Section 65 Substituted by No. 41 of 1960, s. 8 ]

(1)  [Section 65 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 65 Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 ][Section 65 Subsection (1) amended by No. 96 of 1993, s. 252 and Sched. 1 ]No person shall make or cause to be made any alteration or addition to any premises in respect of which a licence is in force except in accordance with plans, specifications, and descriptions approved by the Minister.

Penalty:  Fine not exceeding 5 penalty units.

(2)  When the Minister approves for the purposes of subsection (1) any plans, specifications, or descriptions for the alteration of, or addition to, any premises he may notify the person holding the licence in respect of those premises, in writing, of the alterations that may be, or will have to be, made in the conditions prescribed in the licence if the alterations or additions are carried out.

(2A)  [Section 65 Subsection (2A) inserted by No. 56 of 1980, s. 5 ][Section 65 Subsection (2A) amended by No. 96 of 1993, s. 252 and Sched. 1 ]The Minister may refuse to approve any plans, specifications, or descriptions for the alteration of, or addition to, any premises for the purposes of increasing bed accommodation on the ground that adequate health care facilities already exist, in the locality in which the premises are situated, to meet the present and future health care needs of persons who reside in that locality.

(3)  On the completion of any alterations or additions in accordance with plans, specifications, and descriptions approved under this section, the Minister may, and if required by the licensee shall, alter the conditions specified in the licence in accordance with the notification made to the licensee under subsection (2) .

66.   Managers of private medical establishments

[Section 66 Substituted by No. 41 of 1960, s. 8 ][Section 66 Amended by No. 55 of 1965, s. 5 ][Section 66 Amended by No. 43 of 1991, s. 5 and Sched. 1 ]No licensee shall carry on a private medical establishment on any premises unless there is resident on those premises as manager of the establishment a person (who may be the licensee) who has such experience and qualifications as may be prescribed in relation to that establishment and who is approved by the Minister.

Penalty:  Fine not exceeding 5 penalty units and a daily fine not exceeding 2 penalty units.

67.   Closure of establishments on account of infectious disease

[Section 67 Substituted by No. 41 of 1960, s. 8 ][Section 67 Subsection (2) amended by No. 43 of 1991, s. 5 and Sched. 1 ]

(1)  The Minister, if in his opinion it is desirable so to do, in order to prevent or check the spread of any infectious disease occurring in a private medical establishment, may, by notice in writing served on the licensee or manager, order the establishment to be closed against the admission of persons for accommodation or treatment for such period as may be specified in the notice or until the order is cancelled by the Minister.

(2)  [Section 67 Subsection (2) amended by No. 55 of 1965, s. 5 ]If while any order is in force under this section any person is received into the private medical establishment to which the order relates for accommodation or treatment without the written authority of the Minister or some person authorized by him in that behalf, the licensee and manager of the establishment and any person receiving or admitting that person into the establishment or allowing him to be so received or admitted, is guilty of an offence.

Penalty:  Fine not exceeding 5 penalty units.

68.   Inquiries as to management of private medical establishments

[Section 68 Substituted by No. 41 of 1960, s. 8 ]

(1)  The Minister may cause an inquiry to be made into the management of a private medical establishment by some person appointed by him for that purpose.

(2)  Where an inquiry is made under this section into the management of a private medical establishment, the Minister may, if he thinks fit, after consideration of the report on the results thereof made by the person making the inquiry, disqualify the licensee or the manager of the establishment from holding a licence or being the manager of a private medical establishment for such period, not exceeding 4 years, as he may determine.

(3)  The Minister shall not impose a disqualification on a person under this section unless that person has been given an opportunity of being heard, and of giving and adducing evidence, at the inquiry as a consequence of which the disqualification is imposed.

69.   

[Section 69 Repealed by No. 87 of 1980, s. 5 ].  .  .  .  .  .  .  .  

70.   Misrepresentation in applications

[Section 70 Substituted by No. 41 of 1960, s. 8 ][Section 70 Amended by No. 55 of 1965, s. 5 ][Section 70 Amended by No. 43 of 1991, s. 5 and Sched. 1 ]No person shall, by any wilful misrepresentation, procure for himself or any other person –

(a) the granting, renewal, or transfer of a licence, or the granting or renewal of a licence in any particular form, or the alteration of any conditions prescribed in a licence; or

(b) an approval for the purposes of section 66 .

Penalty:  Fine not exceeding 5 penalty units.

70A.   Disqualification of offenders

[Section 70A Inserted by No. 41 of 1960, s. 8 ]On the conviction of a person for an offence under this Act or any other offence committed with respect to a private medical establishment or any person received or accommodated therein the court, in lieu of or in addition to imposing a punishment for the offence, may disqualify the offender, for such period as the court may determine, from holding a licence or being a manager of a private medical establishment.

70B.   Effect of disqualification

[Section 70B Inserted by No. 41 of 1960, s. 8 ][Section 70B Subsection (2) amended by No. 43 of 1991, s. 5 and Sched. 1 ]

(1)  On the disqualification of a person from holding a licence, any licence held by him ceases to have effect, and, while he is disqualified, a licence shall not be granted or transferred to him.

(2)  [Section 70B Subsection (2) amended by No. 55 of 1965, s. 5 ]While a person is disqualified from being a manager of a private medical establishment he shall not be, or act as, such a manager.

Penalty:  Fine not exceeding 5 penalty units and a daily fine not exceeding 2 penalty units.

(3)  [Section 70B Subsection (3) amended by No. 55 of 1965, s. 5 ]A licensee shall not employ, or allow to act, as manager of a private medical establishment, any person who is disqualified from being a manager of a private medical establishment.

Penalty:  Fine not exceeding 5 penalty units and a daily fine not exceeding 2 penalty units.

70C.   Liability of directors, &c.

[Section 70C Inserted by No. 41 of 1960, s. 8 ]Where an offence under this Part is committed by a body corporate, every person who, at the time when the offence was committed was a director, manager, secretary, or other similar officer of that body, or was purporting to act in any such capacity, shall be deemed to be guilty of that offence unless he proves that the offence was committed without his consent or connivance and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his functions in that capacity and to all the circumstances.

70D.   Proof of management of establishment

[Section 70D Inserted by No. 41 of 1960, s. 8 ]In any proceedings for an offence under this Part where it is shown that any person has apparently the charge, control, or management of an establishment that person shall, unless the contrary is proved, be deemed to be the manager thereof.

70E.   Private medical establishments subject to local Acts

[Section 70E Inserted by No. 41 of 1960, s. 8 ]

(1)  Subject to this section, nothing in any local or private Act passed before the passing of the Hospitals Act 1960 has effect to authorize or require the carrying on of a private medical establishment otherwise than in accordance with this Act.

(2)  Where by any local or private Act passed before the passing of the Hospitals Act 1960 a private medical establishment is given, or is authorized or required to be carried on under, a name specified in that local or private Act, nothing in this Act has effect to prevent that establishment from being carried on under that name, and, notwithstanding anything in section 60 , a licence with respect to that establishment may specify that name as the title under which that establishment may be carried on.

70F.   Regulations

[Section 70F Inserted by No. 41 of 1960, s. 8 ]

(1)  [Section 70F Subsection (1) amended by No. 96 of 1993, s. 252 and Sched. 1 ]Regulations for the purposes of this Part may –

(a) classify private medical establishments according to the purposes for which, and the conditions under which, they may be carried on;

(b) prescribe requirements with respect to the site and situation of any building or structure used for the purposes of a private medical establishment, or any room therein, or other part thereof, and the maintenance and repair of any such building, structure, room, or part;

(c) prescribe the furniture, fittings, and equipment to be provided in any private medical establishment, and regulate the use and maintenance thereof;

(d) prescribe the facilities to be provided at or in connection with any private medical establishment for, or in connection with, the care or treatment of persons received or accommodated therein, and the accommodation of persons employed in or about the establishment;

(e) prescribe and regulate the provision of heating in a private medical establishment or any part thereof, and the maintenance of means for the prevention or extinguishment of fire, and the means of escape in the event of fire;

(f) regulate the management of a private medical establishment, and impose duties on the licensee and manager thereof, and any person employed in or in respect of the establishment, with respect to the carrying on and management thereof;

(g) prescribe requirements with respect to the numbers and qualifications of the staff to be employed in or in respect of a private medical establishment;

(h) require records to be kept of prescribed particulars with respect to persons received or accommodated in a private medical establishment, and notifications to be made of persons in the establishment suffering from, or suspected to be suffering from, any disease, and of any birth, still-birth, miscarriage, or death occurring in the establishment, and regulate the manner in which those records are to be kept and notifications made;

(i) require the production to any prescribed person of any records required to be kept under this Part; and

(j) require the surrender of licences on their expiry or on their otherwise ceasing to have effect, and their submission to the Minister for the alteration of the conditions prescribed therein.

(2)  [Section 70F Subsection (2) amended by No. 55 of 1965, s. 5 ][Section 70F Subsection (2) amended by No. 43 of 1991, s. 5 and Sched. 1 ]Regulations for the purposes of this Part may make provision for the imposition of a fine not exceeding 5 penalty units on any person contravening any provision of the regulations.

(3)  Regulations for the purposes of this Part may make different provision with respect to different private medical establishments according to the purposes for which, and the conditions in accordance with which, they may be carried on.

(4)  The Minister may exempt any private medical establishment that was being carried on immediately before the commencement of the Hospitals Act 1960 from any of the provisions of the regulations under this Part or may modify any of those provisions in relation to that establishment, and the regulations have effect with respect to that establishment subject to that exemption or modification.

(5)  Without prejudice to the making of a further exemption or modification, any exemption or modification made under subsection (4) , unless previously revoked by the Minister, remains in force for such period not exceeding one year, as the Minister, at the time of the making of the exemption or modification, may determine.

PART IIIA - Private Medical Establishment Appeals Tribunal

[Part IIIA Inserted by No. 56 of 1980, s. 6 ]

70G.   Interpretation

[Section 70G Inserted by No. 56 of 1980, s. 6 ]In this Division, Tribunal means the Private Medical Establishment Appeals Tribunal constituted under section 70H .

70H.   Private Medical Establishment Appeals Tribunal

[Section 70H Inserted by No. 56 of 1980, s. 6 ][Section 70H Subsection (2) amended by No. 5 of 1990, s. 3 and Sched. 1 ][Section 70H Subsection (2) amended by S.R. 1994 No. 15 ]

(1)  There is constituted by this Act a Tribunal to be known as the Private Medical Establishment Appeals Tribunal.

(2)  [Section 70H Subsection (2) amended by S.R. 1982 No. 34 ]The Tribunal shall consist of –

(a) a legal practitioner appointed by the Governor who shall be the chairman of the Tribunal;

(b) four other persons, of whom –

(i) one shall be the Secretary or his nominee;

(ii) one shall be a person appointed by the Governor on the nomination of the Tasmanian Private Hospitals' Association;

(iii) one shall be a person appointed by the Governor on the nomination of Aged Care Tasmania Incorporated; and

(iv) one shall be a person appointed by the Governor on the nomination of Tasmanian Nursing Homes and Extended Care.

(3)  [Section 70H Subsection (3) amended by No. 5 of 1990, s. 3 and Sched. 1 ]On the hearing of any proceedings before the Tribunal it shall be constituted as follows:

(a) if the proceedings relate to a private hospital, the Tribunal shall consist of the chairman, the Secretary or his nominee, and the member referred to in subsection (2) (b) (ii) ;

(b) if the proceedings relate to a voluntary or charitable private medical establishment, the Tribunal shall consist of the chairman, the Secretary or his nominee, and the member referred to in subsection (2) (b) (iii) ;

(c) if the proceedings relate to a private medical establishment other than a private hospital or an establishment referred to in paragraph (b) , the Tribunal shall consist of the chairman, the Secretary or his nominee, and the member referred to in subsection (2) (b) (iv) .

(4)  For the purposes of subsection (3) , the question whether or not an appeal relates to a private hospital, a voluntary or charitable private medical establishment, or a private medical establishment referred to in subsection (3) (c) shall be determined by the chairman, whose determination shall be final.

(5)  The Governor may appoint a deputy of the chairman or any member of the Tribunal and where the chairman or a member is unable or unwilling to act in respect of any appeal, his deputy may act in his place.

(6)  Any act or thing done by a deputy while acting as a deputy pursuant to this section has the same effect as if the act or thing had been done by the chairman or member whose deputy he is.

(7)  If an organization named in subparagraph (ii) , (iii) , or (iv) of subsection (2) (b) ceases to exist or ceases to exist under the name mentioned in the relevant paragraph, the Governor may, by order, amend that subparagraph by substituting for the name of that organization the name of some organization that he is satisfied represents substantially the same interests as those represented by the organization first-mentioned.

(8)  If a nomination required by subparagraph (ii) , (iii) , or (iv) of subsection (2) (b) is not made within 30 days after the relevant body is required to make the nomination, the Governor may, on the recommendation of the Minister, appoint a person as a member of the Tribunal to represent that body.

(9)  Schedule 4 has effect with respect to the constitution and membership of the Tribunal.

70I.   Appeals to Tribunal

[Section 70I Inserted by No. 56 of 1980, s. 6 ]

(1)  A person who is aggrieved by a decision of the Minister –

(a) in respect of an application for the grant, renewal, or transfer of a licence;

(b) in respect of the refusal to approve any plans, specifications, or descriptions for the alteration of, or addition to, any premises; or

(c) in respect of an inquiry under section 68 (2) –

may appeal to the Tribunal.

(2)  On the hearing of an appeal against the decision of the Minister –

(a) in respect of the application for the grant, renewal, or transfer of a licence, the Tribunal may dismiss the appeal or order the Minister –

(i) to grant a licence in such form as may be specified in the order;

(ii) to renew or transfer a licence; or

(iii) to make such alterations in the conditions prescribed in the licence as may be specified in the order;

(b) in respect of the refusal to approve any plans, specifications, or descriptions for the alteration of, or addition to, any premises, the Tribunal may dismiss the appeal or order the Minister to approve the plans, specifications, or descriptions subject to such conditions (if any) as may be specified in the order; or

(c) in respect of an inquiry under section 68 (2) , the Tribunal may dismiss the appeal or quash or vary the Minister's decision.

(3)  The decision of the majority of the Tribunal shall be the decision of the Tribunal and that decision is final.

(4)  For the purposes of this section, a decision made by a person in the exercise of a power or discretion delegated to him by the Minister shall be deemed to be the decision of the Minister.

70J.   Institution of appeals

[Section 70J Inserted by No. 56 of 1980, s. 6 ]

(1)  An appeal under section 70I shall be instituted by lodging with the secretary of the Tribunal, within 21 days after the date on which the Minister made his decision, notice in writing specifying the grounds of the appeal.

(2)  Where a notice specifying the grounds of appeal is lodged with the secretary of the Tribunal, he shall –

(a) serve copies of that notice on each member of the Tribunal; and

(b) serve on the appellant a notice stating the date, time, and place for the hearing of the appeal.

(3)  The Tribunal may adjourn the hearing of the appeal at any time by notice in writing served on the appellant.

(4)  On the hearing of an appeal, the Tribunal may –

(a) summon witnesses and examine them on oath;

(b) call for the production of papers and documents;

(c) hear the appellant in person or by counsel, attorney, or agent;

(d) direct itself by the best evidence available, whether that evidence would be admissible in court or not;

(e) proceed without regard to legal forms and solemnities; and

(f) receive or reject any evidence that may be tendered.

(5)  The Tribunal shall cause each party to the appeal to be notified in writing of its decision.

(6)  Subject to this section, the Tribunal may regulate its own procedure.

PART IV - Inspection of Hospitals

71.   Power of Minister to inspect public hospitals, &c.

[Section 71 Subsection (1) amended by No. 23 of 1960, s. 5 and Sched. 1 ][Section 71 Subsection (1) amended by No. 41 of 1960, s. 9 ][Section 71 Subsection (1) amended by No. 4 of 1991, s. 39 and Sched. 4 ]

(1)  [Section 71 Subsection (1) amended by 25 Geo. V No. 78 ]The Minister has the duty of inspecting private medical establishments pursuant to this Part.

(2)  [Section 71 Subsection (2) omitted by No. 23 of 1960, s. 5 and Sched. 1 ].  .  .  .  .  .  .  .  

72.   Inspection of public hospitals, &c.

[Section 72 Amended by 25 Geo. V No. 78 ][Section 72 Amended by No. 23 of 1960, s. 5 and Sched. 1 ][Section 72 Amended by No. 41 of 1960, s. 10 ][Section 72 Amended by No. 55 of 1965, s. 5 ]

(1)  [Section 72 Subsection (1) amended by No. 4 of 1991, s. 39 and Sched. 4 ]The Minister may, without previous notice, visit and inspect any private medical establishment at any time he thinks fit.

(2)  [Section 72 Subsection (2) substituted by No. 46 of 1991, s. 5 and Sched. 3 ]It is the duty of every officer, employee or servant employed in or in respect of any such establishment to give to the Minister all information within the knowledge of such officer, employee or servant which the Minister shall require with respect to all matters in connection with the establishment.

(3)  [Section 72 Subsection (3) amended by No. 43 of 1991, s. 5 and Sched. 1 ]Every person who obstructs the Minister or a person exercising his powers in his visitation, or who fails or refuses to give any such information, or who gives untrue or misleading information on the matters aforesaid, shall be liable to a fine not exceeding 5 penalty units.

73.   Power of Minister to call meetings of governing body

[Section 73 Subsection (2) amended by No. 23 of 1960, s. 5 and Sched. 1 ][Section 73 Subsection (2) amended by No. 4 of 1991, s. 39 and Sched. 4 ]

(1)  [Section 73 Subsection (1) amended by No. 4 of 1991, s. 39 and Sched. 4 ]The Minister may at any time require the chairman or secretary of any governing body to call a special meeting thereof, and it shall be the duty of the chairman or the secretary to call such meeting accordingly.

(2)  [Section 73 Subsection (2) amended by 25 Geo. V No. 78 ]The Minister shall be entitled to be present at any meeting of any such body, or of any committee of any such body, and to speak at any such meeting, but shall not take any other part in the proceedings thereof.

74.   

[Section 74 Repealed by No. 7 of 1993, s. 6 and Sched. 2 ].  .  .  .  .  .  .  .  

PART V - Miscellaneous

75.   

[Section 75 Repealed by No. 4 of 1991, s. 39 and Sched. 4 ].  .  .  .  .  .  .  .  

76.   

[Section 76 Repealed by No. 4 of 1991, s. 39 and Sched. 4 ].  .  .  .  .  .  .  .  

77.   

[Section 77 Repealed by No. 4 of 1991, s. 39 and Sched. 4 ].  .  .  .  .  .  .  .  

78.   

[Section 78 Repealed by No. 41 of 1960, s. 12 ].  .  .  .  .  .  .  .  

79.   

[Section 79 Repealed by No. 4 of 1991, s. 39 and Sched. 4 ].  .  .  .  .  .  .  .  

80.   

[Section 80 Repealed by No. 41 of 1960, s. 13 ].  .  .  .  .  .  .  .  

81.   

[Section 81 Repealed by No. 4 of 1991, s. 39 and Sched. 4 ].  .  .  .  .  .  .  .  

82.   

[Section 82 Repealed by No. 4 of 1991, s. 39 and Sched. 4 ].  .  .  .  .  .  .  .  [Section 82 Subsection (2) omitted by No. 4 of 1953, s. 4 ]

83.   Obstructing persons in discharge of duty

[Section 83 Amended by No. 55 of 1965, s. 5 ][Section 83 Amended by No. 43 of 1991, s. 5 and Sched. 1 ]Whosoever hinders or obstructs any person in the discharge of a power conferred or duty imposed on him by or under any authority conferred by this Act, shall be liable to a fine not exceeding one penalty units.

84.   Validation of certain irregular proceedings by order-in-council

Where by misadventure, accident, or mistake, whether of law or fact, anything is at any time done after the time, or is not done within the time, required by this Act, or is otherwise irregularly done in matter of form, the Governor may, by order-in-council, make provision for any such case, or may extend the time within which anything is required to be done, or may validate anything so done after the time required, or so irregularly done in matter of form, so that the true intent and purposes of this Act may have effect, but no such order-in-council shall affect any judicial proceedings theretofore instituted or any judgment, decree, or other decision thereupon made or given by any court.

85.   

[Section 85 Repealed by No. 4 of 1991, s. 39 and Sched. 4 ].  .  .  .  .  .  .  .  

86.   

[Section 86 Repealed by No. 4 of 1991, s. 39 and Sched. 4 ].  .  .  .  .  .  .  .  

86A.   

[Section 86A Repealed by No. 4 of 1991, s. 39 and Sched. 4 ].  .  .  .  .  .  .  .  

87.   Regulations

[Section 87 Inserted by No. 25 of 1958, s. 7 ]

(1)  The Governor may make regulations for the purposes of this Act.

(1A)  [Section 87 Subsection (1A) omitted by No. 4 of 1991, s. 39 and Sched. 4 ].  .  .  .  .  .  .  .  

(2)  [Section 87 Subsection (2) added by No. 41 of 1960, s. 16 ]Regulations made under this Act may apply section 3 of the Health Services Act 1960 to any power or discretion vested in the Minister under those regulations, and where that section is so applied it has effect as if that power or discretion were vested in the Minister under that Act.

SCHEDULE 1 - REPEALED ACTS

[Schedule 1 Amended by 25 Geo. V No. 78 ]

SCHEDULE 2

[Schedule 2 Repealed by No. 4 of 1991, s. 39 and Sched. 4 ]

SCHEDULE 3

[Schedule 3 Repealed by No. 4 of 1991, s. 39 and Sched. 4 ]

SCHEDULE 4 - Provisions with respect to the constitution and membership of the Private Medical Establishment Appeals Tribunal

[Schedule 4 Inserted by No. 56 of 1980, s. 7 ]

Section 70H

1.   Interpretation

[Schedule 4 Clause 1 amended by No. 51 of 1985, s. 4 and Sched. 2, Part II ]In this Schedule –

appointed member means the chairman or a member of the Tribunal referred to in subparagraphs (ii) , (iii) , or (iv) of subsection (2) (b) of section 70H and includes a person appointed as a deputy of the chairman or member referred to in those subparagraphs;

Tribunal means the Private Medical Establishment Appeals Tribunal constituted under section 70H.

2.   Term of office

(1) An appointed member holds office as a member of the Tribunal for a term of 3 years unless he sooner vacates office as prescribed in this Schedule.

(2) An appointed member of the Tribunal shall be deemed to have vacated his office –

(a) if he dies;

(b) if he becomes bankrupt, applies to take benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors, or makes an assignment of his remuneration or estate for their benefit;

(c) [Schedule 4 Amended by No. 32 of 1996, Sched. 1, Applied:01 Nov 1999] .  .  .  .  .  .  .  .  

(d) if he is convicted in the State of a crime or an offence which is punishable by imprisonment for 12 months or upwards, or if he is convicted elsewhere than in the State of an offence which, if committed in the State, would be a crime or an offence so punishable;

(e) if he is convicted of an offence against this Act;

(f) if he resigns his office by writing under his hand addressed to the Governor and the Governor accepts the resignation;

(g) if he is removed from office by the Governor under subclause (3) ; or

(h) on his attaining the age of 65 years.

(3) The Governor may remove an appointed member from office for misbehaviour or incompetence.

(4) The Governor may remove an appointed member from office if he is satisfied, having regard to the information supplied by the organization that nominated the member, that the member is no longer qualified to represent the organization on the Tribunal and the governor may appoint a person nominated by the relevant nominating organization to fill the office for the remainder of the term for which the member removed from office was appointed.

(5) On the occurrence of a vacancy in the office of an appointed member, the Governor may appoint a person to the vacant office for the balance of his predecessor's term of office.

3.   Remuneration of members

[Schedule 4 Clause 3 substituted by No. 46 of 1991, s. 5 and Sched. 3 ][Schedule 4 Amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] The chairman of the Tribunal or the chairman's deputy and the members of the Tribunal or their deputies shall be paid such remuneration and allowances as the Governor may determine but no remuneration shall be paid to a member of the Tribunal who is a State Service officer or State Service employee except with the approval of the Head of the State Service Agency in which the officer or employee is employed.

4.   Secretary to the Tribunal

[Schedule 4 Clause 4 substituted by No. 29 of 1984, s. 3 and Sched. 1 ][Schedule 4 Clause 4 amended by No. 5 of 1990, s. 3 and Sched. 1 ][Schedule 4 Amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] The Secretary may appoint a State Service officer or State Service employee employed in the Department to be secretary of the Tribunal, and that officer or employee may hold that office in conjunction with State Service employment.