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Western Australia
LEGISLATIVE ASSEMBLY
Hospitals and Health Services
Amendment Bill 1998
A Bill for
An Act to amend the Hospitals and Health Services Act 1927 and to
make an amendment to, and a validation relating to, the Queen
Elizabeth II Medical Centre Act 1966.
The Parliament of Western Australia enacts as follows:
1. Short title
5 This Act may be cited as the Hospitals and Health Services
Amendment Act 1998.
page 1
48--1
Hospitals and Health Services Amendment Bill 1998
s. 2
2. Commencement
The provisions of this Act come into operation on such day as
is, or days as are respectively, fixed by proclamation.
3. The Act amended
5 The amendments in this Act are to the Hospitals and Health
Services Act 1927*.
[* Reprinted as at 22 April 1993.
For subsequent amendments see 1997 Index to Legislation of
Western Australia, Table 1, p. 108 and Act No. 31 of 1997.]
10 4. Section 2 amended
(1) Section 2(1) is amended by deleting the definition of "board"
and inserting instead --
"
"board" means a hospital board constituted under this
15 Act;
".
(2) Section 2(1) is amended by inserting after the definition of
"Commissioner" the following definition:
"
20 "constituted under this Act", in relation to a board,
includes those cases where the Minister is, under
section 7(2), deemed to be constituted as a board;
".
page 2
Hospitals and Health Services Amendment Bill 1998
s. 5
(3) Section 2(1) is amended, in the definition of "public hospital",
by deleting paragraph (a) and inserting instead --
"
(a) conducted or managed by a board constituted
5 under this Act;
".
5. Section 6 inserted
After section 5A the following section is inserted --
"
10 6. Role of Commissioner
It is a function of the Commissioner, in addition to his
functions under particular provisions of this Act --
(a) to advise the Minister on all aspects of policy
relating to hospitals and health services; and
15 (b) to assist the Minister --
(i) in the planning, provision, coordination
and review of the accommodation,
services and facilities referred to in
section 5A; and
20 (ii) in the performance and exercise of the
other functions, powers and duties
vested in the Minister by this Act.
".
6. Section 7 amended
25 Section 7(2) is amended by inserting after "deemed to be" --
" constituted as ".
page 3
Hospitals and Health Services Amendment Bill 1998
s. 7
7. Section 7C amended
Section 7C(4)(a) is amended by deleting "the Schedule", in both
places where it occurs, and inserting instead --
" Schedule 1 ".
5 8. Section 15 amended
(1) Section 15(1) is amended by deleting "under section 7 of this
Act as the board" and inserting instead --
" in his capacity under section 7 ".
(2) Section 15(2) is amended by inserting after "constituted" --
10 " under this section ".
(3) Section 15(7) is amended by deleting "the Schedule" and
inserting instead --
" Schedule 1 ".
9. Section 18A replaced by sections 18A, 18B, 18C and 18D
15 Section 18A is repealed and the following sections are inserted
instead --
"
18A. Certain boards to establish and operate under
corporate planning documents
20 (1) The Minister may, by order published in the Gazette,
determine that a board specified in the order, being a
board constituted under section 15, is one to which
Schedule 2 applies.
page 4
Hospitals and Health Services Amendment Bill 1998
s. 9
(2) A determination under subsection (1) that Schedule 2
applies to a board --
(a) shall specify a financial year, or part of a
financial year, in respect of which the
5 application of that Schedule commences; and
(b) if a part of a financial year is so specified, may
make provision for time limits to apply other
than those required by that Schedule.
(3) Section 43(4) and (7) to (9) of the Interpretation
10 Act 1984 apply to an order under subsection (1) as if it
were a regulation.
(4) If a determination in relation to a board is revoked the
order may include provisions to deal with transitional
matters arising out of the revocation.
15 (5) A board to which Schedule 2 applies shall in
performing its functions comply with its operational
plan and its statement of corporate intent as existing
from time to time.
18B. Minister may obtain information
20 (1) This section applies to a board that is constituted under
section 15, and does not affect the powers of the
Minister acting in his capacity under section 7.
(2) The Minister is entitled --
(a) to have information in the possession of a
25 board; and
(b) where the information is in or on a document,
to have, and make and retain copies of, that
document.
page 5
Hospitals and Health Services Amendment Bill 1998
s. 9
(3) For the purposes of subsection (2) the Minister may --
(a) request a board to furnish information to the
Minister;
(b) request a board to give the Minister access to
5 information;
(c) for the purposes of paragraph (b) make use of
staff employed or engaged by a board under
section 19 to obtain the information and furnish
it to the Minister.
10 (4) A board shall comply with a request under
subsection (3) and make its facilities and staff available
to the Minister for the purposes of paragraph (c) of that
subsection.
(5) The Minister is not entitled to have information under
15 this section in a form that --
(a) discloses the identity of a person who receives
any hospital service or health service; or
(b) might enable the identity of any such person to
be ascertained,
20 unless that person has consented to the Minister having
that information.
(6) In this section --
"document" includes any tape, disc or other device or
medium on which information is recorded or
25 stored mechanically, photographically,
electronically or otherwise;
"information" means information specified, or of a
description specified, by the Minister that relates
to the functions of a board.
page 6
Hospitals and Health Services Amendment Bill 1998
s. 9
18C. Minister to be kept informed
(1) A board that is constituted under section 15 shall --
(a) keep the Minister reasonably informed of the
actual and prospective --
5 (i) operations;
(ii) financial performance; and
(iii) financial position,
of the board, including its assets and liabilities;
and
10 (b) give the Minister reports and information that
he requires for the making of informed
assessments of matters mentioned in
paragraph (a).
(2) A board to which Schedule 2 applies shall, if matters
15 arise that in the board's opinion may prevent, or
significantly affect, the board --
(a) achieving the things outlined in its statement of
corporate intent; or
(b) meeting objectives and targets under its
20 operational plan,
promptly inform the Minister of the matters and its
opinion in relation to them.
18D. Consultation
A board that is constituted under section 15 and the
25 Minister, at the request of either, are to consult
together, either personally or through appropriate
representatives, in relation to any aspect of the
operation of the board.
".
page 7
Hospitals and Health Services Amendment Bill 1998
s. 10
10. Section 18E inserted
Before section 19 the following section is inserted --
"
18E. Duties of certain members
5 (1) Where a board has the management and control of
more than one hospital the Minister may, by order
published in the Gazette, determine that Schedule 3
applies to the members of the board.
(2) Section 43(4) and (7) to (9) of the Interpretation
10 Act 1984 apply to an order under subsection (1) as if it
were a regulation.
".
11. Section 19A inserted
After section 19 the following section is inserted --
15 "
19A. Limitation on appointment etc. of chief executives
where board controls more than one hospital
(1) Where a board has the management and control of
more than one hospital the Minister may, by order
20 published in the Gazette, determine that this section
applies to the board.
(2) Where a determination under subsection (1) is in force
in respect of a board, the exercise of the powers of the
board under section 19(1) are subject to the restrictions
25 imposed by subsections (3) and (5).
page 8
Hospitals and Health Services Amendment Bill 1998
s. 11
(3) The board shall not without the approval of the
Commissioner, and otherwise than in accordance with
the terms and conditions of an approval --
(a) employ or engage a person to perform the
5 functions of --
(i) chief executive officer or chief
employee of the board (whatever the
title of the position); or
(ii) chief executive of a hospital under its
10 control and management (whatever the
title of the position),
or fix the terms and conditions of the person's
service or engagement; or
(b) remove from office a person who is performing
15 functions referred to in paragraph (a) or vary
the terms and conditions of the person's service
or engagement.
(4) In subsection (3)(b) --
"person" includes a person in office when a
20 determination under subsection (1) comes into
force.
(5) The Commissioner may give directions in writing to
the board as to the processes to be followed in the
recruitment and selection of persons referred to in
25 subsection (3), and the board shall give effect to any
such direction.
(6) Section 43(4) and (7) to (9) of the Interpretation
Act 1984 apply to an order under subsection (1) as if it
were a regulation.
30 ".
page 9
Hospitals and Health Services Amendment Bill 1998
s. 12
12. Schedule amended
The Schedule is amended as follows:
(a) by deleting the heading "SCHEDULE" and inserting
instead --
5 "
Schedule 1
";
and
(b) in clause 2 --
10 (i) by inserting before the first word the subclause
designation "(1)"; and
(ii) by inserting the following subclause --
"
(2) Without limiting subclause (1)(d), a member is guilty
15 of misbehaviour if --
(a) he has failed to carry out his duties as a
member; or
(b) his acts or omissions have contributed to a
failure by the board of which he is a member to
20 carry out its duties.
".
page 10
Hospitals and Health Services Amendment Bill 1998
s. 13
13. Schedule 2 added
After Schedule 1 the following Schedule is added --
"
Schedule 2
5 [s. 18A]
Corporate planning documents for hospital boards
Division 1 -- General
1. Definitions
In this Schedule --
10 "board" means a hospital board to which this Schedule
applies because of a determination under section 18A;
"financial year" includes a part of a financial year specified
in a determination under section 18A(2)(a).
2. Procedure where a House is not sitting
15 (1) If --
(a) at the commencement of a period referred to in
clause 6(5), 9(4), 14(5), 16(2) or 17(4) in respect of
a document a House of Parliament is not sitting; and
(b) the Minister is of the opinion that that House will
20 not sit during that period,
the Minister is to transmit a copy of the document to the
Clerk of that House.
(2) A copy of a document transmitted to the Clerk of a House is
to be --
25 (a) taken to have been laid before that House; and
(b) taken to be a document published by order or under
the authority of that House.
page 11
Hospitals and Health Services Amendment Bill 1998
s. 13
(3) The laying of a copy of a document that is taken to have
occurred under subclause (2)(a) is to be recorded in the
Minutes, or Votes and Proceedings, of the House on the first
sitting day of the House after the receipt of the copy by the
5 Clerk.
Division 2 -- Operational plans
3. Draft operational plan to be submitted to Minister
(1) A board shall in each year prepare, and submit to the
Minister for his or her agreement, a draft operational plan.
10 (2) Each draft operational plan is to be submitted not later than
3 months before the start of the next financial year.
4. Matters to be included in operational plan
(1) The operational plan for a board shall set out --
(a) the economic and financial objectives; and
15 (b) the operational targets,
of the board, and how those objectives and targets will be
met.
(2) The matters which are to be considered in the preparation of
an operational plan include --
20 (a) productivity levels;
(b) financial allocations;
(c) inventory and use of resources;
(d) capital expenditure;
(e) customer service arrangements;
25 (f) compliance with relevant government and health
industry policy;
(g) work-force requirements and liabilities;
(h) service development initiatives;
page 12
Hospitals and Health Services Amendment Bill 1998
s. 13
(i) priority functions;
(j) teaching and research functions;
(k) health service plans approved by the Minister; and
(l) changes in the delivery of hospital and health
5 services.
(3) An operational plan is to cover a forecast period of 5 years
or a lesser period agreed with the Minister.
5. Operational plan to be agreed if possible
A board and the Minister shall endeavour to reach
10 agreement on the draft operational plan as soon as possible,
and in any event not later than one month before the start of
the next financial year.
6. Minister's powers in relation to draft operational plan
(1) The Minister may return a draft operational plan to a board
15 and request it to --
(a) consider or further consider any matter and deal
with the matter in the draft plan; and
(b) revise the draft plan in the light of its consideration
or further consideration.
20 (2) The board shall comply with the request as soon as is
practicable.
(3) If a draft operational plan for a board has not been agreed to
by the Minister by one month before the start of the next
financial year, the Minister may, by written notice, direct the
25 board --
(a) to take specified steps in relation to the draft plan;
or
(b) to make specified modifications to the draft plan.
page 13
Hospitals and Health Services Amendment Bill 1998
s. 13
(4) The board shall comply with a direction under subclause (3)
as soon as is practicable.
(5) The Minister shall within 14 days after a direction is given
cause a copy of it to be --
5 (a) laid before each House of Parliament; or
(b) dealt with in accordance with clause 2.
7. Operational plan pending agreement
(1) If the Minister has not agreed to a draft operational plan for
a board before the start of a financial year, the latest draft
10 plan is to be the operational plan for the board until a draft
operational plan is agreed to under clause 8.
(2) In subclause (1) --
"latest draft plan" means the draft operational plan
submitted, or last submitted, by the board to the
15 Minister before the start of the financial year with any
modifications made by the board, whether before or
after that time, at the direction of the Minister.
8. Minister's agreement to draft operational plan
When a draft operational plan for a board is agreed to by the
20 Minister, it becomes the operational plan for the board for
the relevant financial year or the remainder of the year, as
the case may be.
9. Modifications of operational plan
(1) An operational plan may be modified by a board with the
25 agreement of the Minister.
(2) The Minister may, by written notice, direct a board to
modify an operational plan.
(3) Before giving the direction the Minister shall consult with
the board and take its views into account.
page 14
Hospitals and Health Services Amendment Bill 1998
s. 13
(4) The Minister shall within 14 days after a direction is given
cause a copy of it to be --
(a) laid before each House of Parliament; or
(b) dealt with in accordance with clause 2.
5 10. Concurrence of Treasurer
The Minister shall not --
(a) agree to a draft operational plan under clause 8; or
(b) agree to or direct any modification of an operational
plan under clause 9,
10 except with the concurrence of the Treasurer.
Division 3 -- Statements of corporate intent
11. Draft statement of corporate intent to be submitted to
Minister
(1) A board shall in each year prepare, and submit to the
15 Minister for his or her agreement, a draft statement of
corporate intent.
(2) Each draft statement of corporate intent is to be submitted
not later than 3 months before the start of the next financial
year.
20 12. Matters to be included in statement of corporate intent
(1) The statement of corporate intent for a board shall be
consistent with the board's operational plan under
Division 2.
(2) The statement of corporate intent for a board shall
25 specify --
(a) an outline of objectives including --
(i) the continuity of the provision of hospital
and health services;
page 15
Hospitals and Health Services Amendment Bill 1998
s. 13
(ii) the maintenance of assets to ensure the
proper provision of hospital and health
services; and
(iii) the delivery of an optimum service to
5 customers in meeting their requirements for
hospital and health services;
(b) targets for the key performance indicators and other
measures by which performances may be judged
and related to objectives;
10 (c) an outline of the nature and scope of the functions
proposed to be performed during the relevant
financial year;
(d) an outline of the borrowings to be undertaken or
proposed to be undertaken;
15 (e) a profile of the targeted activity in all patient
services during the relevant financial year;
(f) a statement of any funds held in trust and the
purposes for which they are to be applied;
(g) the type of information to be given to the Minister;
20 (h) the nature and extent of --
(i) the services to be performed under
section 18(2a); and
(ii) the services and facilities to be applied to
the treatment of private patients;
25 and
(i) such other matters as may be agreed on by the
Minister and the board.
(3) The Minister may exempt a board from including any
matter, or any aspect of a matter, mentioned in subclause (2)
30 in the statement of corporate intent.
page 16
Hospitals and Health Services Amendment Bill 1998
s. 13
13. Statement of corporate intent to be agreed if possible
A board and the Minister shall endeavour to reach
agreement on the draft statement of corporate intent as soon
as possible and, in any event not later than the start of the
5 next financial year.
14. Minister's powers in relation to draft statement of
corporate intent
(1) The Minister may return a draft statement of corporate
intent to the board and request it to --
10 (a) consider or further consider any matter and deal
with the matter in the draft statement; and
(b) revise the draft statement in the light of its
consideration or further consideration.
(2) The board shall comply with the request as soon as is
15 practicable.
(3) If a draft statement of corporate intent for a board has not
been agreed to by the Minister by one month before the start
of the financial year, the Minister may, by written notice,
direct the board --
20 (a) to take specified steps in relation to the draft
statement; or
(b) to make specified modifications to the draft
statement.
(4) The board shall comply with a direction under subclause (3)
25 as soon as is practicable.
(5) The Minister shall within 14 days after a direction is given
cause a copy of it to be --
(a) laid before each House of Parliament; or
(b) dealt with in accordance with clause 2.
page 17
Hospitals and Health Services Amendment Bill 1998
s. 13
15. Statement of corporate intent pending agreement
(1) If the Minister has not agreed to a draft statement of
corporate intent for a board before the start of a financial
year, the latest draft statement is to be the statement of
5 corporate intent for the board until a draft statement of
corporate intent is agreed to under clause 16.
(2) In subclause (1) --
"latest draft statement" means the draft statement of
corporate intent submitted, or last submitted, by the
10 board to the Minister before the start of the financial
year with any modifications made by the board,
whether before or after that time, at the direction of the
Minister.
16. Minister's agreement to draft statement of corporate
15 intent
(1) When a draft statement of corporate intent for a board is
agreed to by the Minister, it becomes the statement of
corporate intent for the relevant financial year or the
remainder of the year, as the case may be.
20 (2) The Minister shall within 14 days after he or she agrees to a
draft statement of corporate intent under subclause (1) cause
a copy of it to be --
(a) laid before each House of Parliament; or
(b) dealt with in accordance with clause 2.
25 (3) The board may request the Minister to delete from the copy
of a statement of corporate intent that is to be laid before
Parliament a matter that is of a commercially sensitive
nature.
page 18
Hospitals and Health Services Amendment Bill 1998
s. 13
(4) Despite subclause (2), the Minister may --
(a) comply with a request under subclause (3); or
(b) delete from the copy of a statement of corporate
intent that is to be laid before Parliament a matter
5 that the Minister considers should be deleted.
17. Modifications of statement of corporate intent
(1) A statement of corporate intent may be modified by a board
with the agreement of the Minister.
(2) The Minister may, by written notice, direct the board to
10 modify the statement of corporate intent, and the board shall
comply with any such direction.
(3) Before giving the direction, the Minister shall consult with
the board and take its views into account.
(4) The Minister shall within 14 days after a direction is given
15 cause a copy of it to be --
(a) laid before each House of Parliament; or
(b) dealt with in accordance with clause 2.
18. Concurrence of Treasurer
The Minister shall not --
20 (a) agree to a draft statement of corporate intent under
clause 16;
(b) delete a matter under clause 16(4)(b); or
(c) agree to or direct any modification of a statement of
corporate intent under clause 17,
25 except with the concurrence of the Treasurer.
".
page 19
Hospitals and Health Services Amendment Bill 1998
s. 14
14. Schedule 3 added
At the end of the Hospitals and Health Services Act 1927 the
following Schedule is added --
"
5 Schedule 3 -- Members' duties
[s. 18E]
Division 1 -- Interpretation
1. Interpretation
(1) In this Schedule --
10 "board", in relation to a member, means the board that
includes that member;
"member" means a member to which this Schedule applies
because of a determination under section 18E(1);
"summary conviction penalty" in relation to a crime, has the
15 same meaning as in section 5 of The Criminal Code.
(2) A person who attempts (within the meaning of section 4 of
The Criminal Code) to commit an offence against a
provision of this Schedule is guilty of that offence.
Division 2 -- Particular duties stated
20 2. Duty to act honestly
(1) A member must at all times act honestly in the performance
of the functions of his or her office, whether within or
outside the State.
(2) A person who contravenes subclause (1) --
25 (a) with intent to deceive or defraud --
(i) the board; or
page 20
Hospitals and Health Services Amendment Bill 1998
s. 14
(ii) creditors of the board or of any other
person; or
(b) for any other fraudulent purpose,
is guilty of a crime and is liable to a fine of $20 000 or
5 imprisonment for 5 years, or both.
Summary conviction penalty: A fine of $12 000 or
imprisonment for 3 years, or both.
(3) If subclause (2) does not apply a person who contravenes
subsection (1) is liable to a fine of $5 000.
10 3. Duty to exercise reasonable care and diligence
A member must at all times exercise the degree of care and
diligence in the performance of the functions of his or her
office, whether within or outside the State, that a reasonable
person in that position would reasonably be expected to
15 exercise in the board's circumstances.
Penalty: $5 000.
4. Duty not to make improper use of information
(1) A member or former member must not, whether within or
outside the State, make improper use of information
20 acquired by virtue of his or her position as such to gain,
directly or indirectly, an advantage for himself or herself or
for any other person or to cause detriment to the board.
(2) A person who contravenes subclause (1) is guilty of a crime
and is liable to a fine of $20 000 or imprisonment for
25 5 years, or both.
Summary conviction penalty: A fine of $12 000 or
imprisonment for 3 years, or both.
page 21
Hospitals and Health Services Amendment Bill 1998
s. 14
5. Duty not to make improper use of position
(1) A member must not, whether within or outside the State,
make improper use of his or her position as such to gain,
directly or indirectly, an advantage for himself or herself or
5 for any other person or to cause detriment to the board.
(2) A person who contravenes subclause (1) is guilty of a crime
and is liable to a fine of $20 000 or imprisonment for
5 years, or both.
Summary conviction penalty: A fine of $12 000 or
10 imprisonment for 3 years, or both.
Division 3 -- Compensation
6. Payment of compensation may be ordered
(1) Where --
(a) a person is convicted of an offence for a
15 contravention of clause 2, 3, 4 or 5; and
(b) the court is satisfied that the board has suffered loss
or damage as a result of the act or omission that
constituted the offence,
the court by which the person is convicted may, in addition
20 to imposing a penalty, order the convicted person to pay
compensation to the board of such amount as the court
specifies.
(2) Any such order may be enforced as if it were a judgment of
the court.
25 7. Civil proceedings for recovery
Where a person contravenes clause 2, 3, 4 or 5, the board
may, whether or not the person has been convicted of an
offence in respect of that contravention, recover from the
page 22
Hospitals and Health Services Amendment Bill 1998
s. 14
person as a debt due to the board by action in any court of
competent jurisdiction --
(a) if that person or any other person made a profit as a
result of the contravention, an amount equal to that
5 profit; and
(b) if the board has suffered loss or damage as a result
of the contravention, an amount equal to that loss or
damage.
Division 4 -- Relief from liability
10 8. Relief from liability
For the purposes of clause 6 or 7, if it appears to the court
that a person --
(a) is, or may be, liable under that clause;
(b) has acted honestly; and
15 (c) ought fairly to be excused having regard to all the
circumstances of the case, including those
connected with the person's appointment,
the court may relieve the person either wholly or partly from
liability on such terms as the court thinks fit.
20 9. Application for relief
(1) Where a person has reason to believe that any claim will or
might be made against him or her under clause 6 or 7 the
person may apply to the Supreme Court for relief.
(2) On an application under subclause (1) the Supreme Court
25 has the same power to relieve the person as it would have
had under clause 8 if it had been a court exercising
jurisdiction under clause 6 or 7.
page 23
Hospitals and Health Services Amendment Bill 1998
s. 14
10. Case may be withdrawn from jury
Where a case to which clause 8 applies is being tried by a
judge with a jury, the judge after hearing the evidence may,
if the judge is satisfied that the person ought under that
5 clause to be relieved either wholly or partly from liability
sought to be enforced against the person --
(a) withdraw the case in whole or in part from the jury;
and
(b) direct judgment to be entered for the person on such
10 terms as to costs or otherwise as the judge thinks
proper.
11. Compliance with directions
(1) A person does not contravene clause 2 or 3 by doing or
omitting to do anything in compliance with a direction given
15 by the Minister under the Act.
(2) Subclause (1) does not extend to the manner in which a
thing is done or omitted if it is done or omitted in a manner
that is contrary to clause 2 or 3 and the direction did not
require that it be done in that manner.
20 Division 5 -- Restrictions on indemnities and exemptions
12. Indemnification and exemption of members
(1) A board must not exempt a member (whether directly or
through an interposed entity) from a liability to the board
incurred as a member of the board.
25 (2) A board must not indemnify a person (whether by
agreement or by making a payment and whether directly or
through an interposed entity) against any of the following
liabilities incurred as a member of the board --
(a) a liability owed to the board;
page 24
Hospitals and Health Services Amendment Bill 1998
s. 14
(b) a liability for compensation under an order under
clause 6 or for a debt recoverable under clause 7;
and
(c) a liability that is owed to someone other than the
5 board and did not arise out of conduct in good faith.
(3) Subclause (2) does not apply to a liability for legal costs.
(4) A board must not indemnify a person (whether by
agreement or by making a payment and whether directly or
through an interposed entity) against legal costs incurred in
10 defending an action for a liability incurred as a member of
the board if the costs are incurred --
(a) in defending or resisting a proceeding in which the
person is found to have a liability for which the
person could not be indemnified under
15 subclause (2);
(b) in defending or resisting criminal proceedings in
which the person is found guilty; or
(c) in connection with proceedings for relief under
clauses 8 or 9 in which the Supreme Court denies
20 the relief.
(5) In determining the outcome of proceedings for the purposes
of subclause (4), the result of any appeal in relation to the
proceedings is to be taken into account.
13. Insurance premiums for certain liabilities of members
25 (1) A board must not pay, or agree to pay, a premium for a
contract insuring a member of the board against a liability
(other than one for legal costs) arising out of --
(a) conduct involving a wilful breach of duty in relation
to the board; or
30 (b) a contravention of clause 4 or 5.
page 25
Hospitals and Health Services Amendment Bill 1998
s. 15
(2) Subclause (1) applies to a premium whether it is paid
directly or through an interposed entity.
14. Certain indemnities, exemptions, payments and
agreements not authorized and certain documents void
5 (1) Clauses 12 and 13 do not authorize anything that would
otherwise be unlawful.
(2) Anything that purports to indemnify or insure a person
against a liability or exempt a person from a liability is void
to the extent that it contravenes clause 12 or 13.
10 ".
15. Amendment to the Queen Elizabeth II Medical Centre
Act 1966, and validations
(1) After section 16(7) of the principal Act the following subsection
is inserted --
15 "
(7a) Subsections (2) to (7) do not apply if the managing
body referred to in subsection (1), in addition to having
the management and control of any hospital to which
that subsection applies, also has the management and
20 control of another hospital or other hospitals to which
subsection (1) does not apply.
".
(2) The formation of the Metropolitan Health Service Board by the
Hospitals and Health Services (Re-organization of Hospital
25 Boards) Notice 1997 published in the Gazette on 16 July 1997
at pages 3695-6 is declared to be, and always to have been, as
valid as it would have been if section 16(7a) of the principal Act
had been in force at the time when that Notice was made.
page 26
Hospitals and Health Services Amendment Bill 1998
s. 15
(3) Any appointment to the medical staff of a teaching hospital on
the reserve made on or after 16 July 1997 is declared to be, and
always to have been, as valid as it would have been if
section 16(7a) of the principal Act had been in force at the time
5 when the appointment was made.
(4) In this section --
"principal Act" means the Queen Elizabeth II Medical Centre
Act 1966*;
"teaching hospital" has the meaning that it has for the purposes
10 of section 16(1) of the principal Act;
"the reserve " has the meaning given by section 3(1) of the
principal Act.
[* Reprinted as at 8 September 1988.
For subsequent amendments see 1997 Index to Legislation of
15 Western Australia, Table 1, p. 192.]
page 27
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