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EPWORTH HOSPITAL (AMENDMENT) BILL 1997

                 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

 


 

 


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