Victorian Bills Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Epworth Hospital (Amendment) Act 1997
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 1
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
531253B.I1-10/11/97
Clause 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
531253B.I1-10/11/97
s. 2
PARLIAMENT OF VICTORIA
A BILL
to amend the Epworth Hospital Act 1980
and for other purposes.
Epworth Hospital (Amendment) Act
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
5 and to provide for the transfer of the hospital
called Epworth Hospital at Erin Street, Richmond
to Epworth Hospital Ltd.
2. Commencement
1
531253B.I1-10/11/97
Epworth Hospital (Amendment) Act 1997
Act No.
(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.
5 _______________
2
531253B.I1-10/11/97
Epworth Hospital (Amendment) Act 1997
s. 3
Act No.
PART 2--AMENDMENT OF EPWORTH HOSPITAL
ACT 1980
No. 9404
3. Principal Act amended by
Nos 9549,
In this Part, the Epworth Hospital Act 1980 is 10087 and
5 called the Principal Act. 42/1995.
4. Heading to Part 1 inserted
Before section 1 of the Principal Act insert--
"PART 1--PRELIMINARY".
5. Change of name of Act
10 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
15 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
20 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;
25 "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
30 Uniting Church;'.
3
531253B.I1-10/11/97
Epworth Hospital (Amendment) Act 1997
s. 7
Act No.
(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--
5 "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--
10 "(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.".
15 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
20 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;
25 (b) to promote, advance and provide
financial assistance for medical and
other health care education in Australia
including, without limitation, the
education and training in Australia of
30 medical students, nurses, medical
practitioners and others engaged in the
4
531253B.I1-10/11/97
Epworth Hospital (Amendment) Act 1997
s. 9
Act No.
provision of medical and other health
care services;
(c) to provide financial or other assistance
for the purpose of enabling persons
5 residing in Australia to obtain medical
or other health care services in
Australia which they could not
otherwise afford;
(d) to conduct and maintain a hospital or
10 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
15 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;
20 (g) to provide funds or otherwise assist
another entity which does not seek to
secure pecuniary profit for its
individual members to provide medical
or other health care services of any kind
25 in Australia;
(h) to promote and provide funds in
Australia for charitable purposes
located in Australia and being
undertaken solely in Australia
30 including, without limitation, providing
funds to an entity or trust whose
purposes or objects are wholly
charitable and wholly carried out within
Australia.
5
531253B.I1-10/11/97
Epworth Hospital (Amendment) Act 1997
s. 10
Act No.
5. Powers
For the purposes of carrying out the objects
under section 4, the Foundation--
(a) may acquire, hold and dispose of real
5 and personal property;
(b) may obtain financial accommodation
and make investments;
(c) may employ staff;
(d) may enter into agreements and
10 arrangements;
(e) may form, or participate in the
formation of, or be a member of, a body
corporate;
(f) may form, or participate in the
15 formation of, and may participate in,
partnerships, trusts and unincorporated
joint ventures;
(g) may act as trustee;
(h) may do all things necessary or
20 convenient to be done for or in
connection with carrying out those
objects.".
10. Application of property and winding up
In the Principal Act--
25 (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
6
531253B.I1-10/11/97
Epworth Hospital (Amendment) Act 1997
s. 11
Act No.
(1) In section 9(1)(c) of the Principal Act, for
"Uniting Church" substitute "Synod".
(2) In section 9 of the Principal Act, for sub-section
(3) substitute--
5 "(3) A member of the Board of Management
other than a Chief Executive Officer
appointed under section 14, who,
immediately before an Annual General
Meeting of the Board, has been a member for
10 more than 9 consecutive years is not eligible
to continue to be a member after the
conclusion of the meeting unless--
(a) the Board, by resolution made at the
Annual General Meeting or at a
15 meeting held not more than 6 weeks
before the Annual General Meeting, has
resolved that the member is eligible to
continue; and
(b) the member did not vote on that
20 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";
25 (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);
30 or".
(4) In section 9(6)(a) of the Principal Act, for
"Uniting Church" (where twice occurring)
substitute "Synod".
7
531253B.I1-10/11/97
Epworth Hospital (Amendment) Act 1997
s. 12
Act No.
(5) Section 9(8) of the Principal Act is repealed.
12. Matters relating to Board of Management
In the Principal Act--
(a) in section 10--
5 (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"
10 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
15 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),
20 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";
25 (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";
8
531253B.I1-10/11/97
Epworth Hospital (Amendment) Act 1997
s. 12
Act No.
(f) in section 14--
(i) in sub-section (1), for "Hospital"
substitute "Foundation";
(ii) sub-section (4) is repealed;
5 (g) in section 15(1)--
(i) for "Hospital" (where first occurring)
substitute "Foundation";
(ii) omit "of the Hospital" (where secondly
occurring);
10 (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";
15 (i) in sections 16 and 17, for "Hospital"
(wherever occurring) substitute
"Foundation";
(j) in section 18(1)--
(i) for "Hospital" substitute "Foundation";
20 (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
25 "or her";
(iii) in paragraph (b), before "contract or
arrangement" (where first occurring)
insert "the";
(l) in section 19--
9
531253B.I1-10/11/97
Epworth Hospital (Amendment) Act 1997
s. 13
Act No.
(i) for "Hospital" (where twice occurring)
substitute "Foundation";
(ii) after "him" (where twice occurring)
insert "or her";
5 (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
10 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".
15 (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".
20 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
25 of section 16 of the Epworth Hospital
(Amendment) Act 1997--
(i) a gift, disposition or trust of
property has been or is made or
10
531253B.I1-10/11/97
Epworth Hospital (Amendment) Act 1997
s. 17
Act No.
declared or is deemed to have
been made or declared; or
(ii) a trust fund has been or is
created--
5 (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
10 (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
15 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
20 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
25 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.".
30 17. Amendment of section 22
In section 22 of the Principal Act for "Victorian
Synod of The Uniting Church" substitute
"Synod".
_______________
35
11
531253B.I1-10/11/97
Epworth Hospital (Amendment) Act 1997
s. 18
Act No.
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.
5 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--
10 (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.
15 (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).".
20 (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
25 (9) substitute--
"(9) A person who, immediately before the
commencement of section 19 of the
Epworth Hospital (Amendment) Act 1997,
was a member of the Board of Management
30 continues, subject to this section, to be a
member despite the amendment of this
section by that Act.".
12
531253B.I1-10/11/97
Epworth Hospital (Amendment) Act 1997
s. 20
Act No.
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
5 Management
In the Principal Act--
(a) in section 15(1) after "Foundation and"
insert ", if there is a Chief Executive
Officer,";
10 (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
15 Medical Advisory Council to advise it on
medical matters pertaining to the
Foundation";
(d) section 21 is repealed.
22. New Part 5 inserted
20 After section 22 of the Principal Act insert--
'PART 5--TRANSFER OF PROPERTY TO
EPWORTH HOSPITAL LTD
23. Definitions
In this Part--
25 "excluded property" means--
(a) shares in Epworth Hospital held
by the Foundation;
(b) the Epworth Medical Foundation
established by a Declaration of
30 Trust dated 29 April 1982;
(c) trust property;
13
531253B.I1-10/11/97
Epworth Hospital (Amendment) Act 1997
s. 22
Act No.
(d) property declared by the Minister
by notice published in the
Government Gazette to be
excluded property for the
5 purposes of this Part;
"former instrument" means an instrument
relating to transferred property--
(a) that was given to or in favour of
the Foundation;
10 (b) that refers to the Foundation;
(c) under which--
(i) money is, or may become,
payable to or by the
Foundation; or
15 (ii) other property is to be, or
may become liable to be,
transferred to or by the
Foundation;
"liabilities" means all liabilities, duties and
20 obligations, whether actual, contingent
or prospective;
"property" means any legal or equitable
estate or interest (whether present or
future and whether vested or
25 contingent) in real or personal property
of any description;
"rights" means all rights, powers, privileges
and immunities, whether actual,
contingent or prospective;
30 "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--
14
531253B.I1-10/11/97
Epworth Hospital (Amendment) Act 1997
s. 22
Act No.
(a) a gift, disposition or trust of
property made or declared or
deemed to have been made or
declared; or
5 (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
10 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
15 (1) The property and rights of the Foundation,
other than excluded property, vest in
Epworth Hospital, subject to the
encumbrances (if any) to which they were
subject immediately before so vesting.
20 (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
If, under section 24, the property, rights and
25 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
30 Foundation; and
(b) the agreement has effect as if Epworth
Hospital had always been a party to the
agreement.
26. Former instruments
15
531253B.I1-10/11/97
Epworth Hospital (Amendment) Act 1997
s. 22
Act No.
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
5 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
10 Epworth Hospital.
27. Proceedings
If, immediately before the commencement of
section 22 of the Epworth Hospital
(Amendment) Act 1997, proceedings
15 relating to the transferred property (including
arbitration proceedings) to which the
Foundation was a party were pending or
existing in any court or tribunal, then, on and
after that commencement, Epworth Hospital
20 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
Without prejudice to the generality of this
25 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
30 transferred property, the registered proprietor
of an interest in land under the Transfer of
Land Act 1958, then, on and after that
commencement--
16
531253B.I1-10/11/97
Epworth Hospital (Amendment) Act 1997
s. 22
Act No.
(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
5 and remedies in respect of that interest
as the Foundation had.
29. Amendment of Register
The Registrar of Titles, on being requested to
do so and on delivery of any relevant
10 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.
15 30. Taxes
No stamp duty or other tax is chargeable
under any Act in respect of anything effected
by or done under this Part or in respect of
any act or transaction connected with or
20 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
25 the Foundation.
31. Rates
Epworth Hospital is not liable to pay any
rates or charges in respect of any transferred
property that but for this section may be
30 payable under section 174 of the Local
Government Act 1989.
32. Evidence
17
531253B.I1-10/11/97
Epworth Hospital (Amendment) Act 1997
s. 22
Act No.
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
5 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
10 Epworth Hospital (Amendment) Act 1997,
was employed by the Foundation ("a
transferred employee") is to be regarded
as--
(a) having been employed by Epworth
15 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
20 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
25 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
30 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,
35 as an employee of the Foundation.
18
531253B.I1-10/11/97
Epworth Hospital (Amendment) Act 1997
s. 22
Act No.
(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
5 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
10 of commencement of section 22 of the
Epworth Hospital (Amendment) Act 1997,
employed, by virtue of this section, by
Epworth Hospital is admissible in evidence
in any proceedings and is conclusive proof
15 of the matters stated in it.
34. Future terms and conditions of transferred
employees
Nothing in section 33 prevents--
(a) any of the terms and conditions of
20 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
25 commencement of section 22 of the
Epworth Hospital (Amendment) Act
1997; or
(b) such a transferred employee from
resigning or being dismissed at any
30 time after that date in accordance with
the then existing terms and conditions
of his or her employment by Epworth
Hospital.
19
531253B.I1-10/11/97
Epworth Hospital (Amendment) Act 1997
s. 22
Act No.
35. Superannuation
No. 21/1988. (1) For the purposes of Part 5 of the Hospitals
Reprinted as
Superannuation Act 1988--
at 27 March
1997.
(a) on the date of commencement of
5 section 22 of the Epworth Hospital
(Amendment) Act 1997, Epworth
Hospital is deemed to have been
declared a Class B participating
institution within the meaning of that
10 Act;
(b) Epworth Hospital is deemed to be the
same participating institution as the
Foundation was immediately before the
date of commencement of that section;
15 (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
20 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
25 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;
30 (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;
20
531253B.I1-10/11/97
Epworth Hospital (Amendment) Act 1997
s. 22
Act No.
(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
5 a member.'.
21
531253B.I1-10/11/97
Epworth Hospital (Amendment) Act 1997
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
22
531253B.I1-10/11/97
[Index] [Search] [Download] [Related Items] [Help]