University Medical School, Teaching Hospitals, Act 1955

 

University Medical School, Teaching Hospitals, Act 1955

Contents

1.Short title1

2.Interpretation1

3.Declaration of teaching hospitals2

4.Power of managing body or Minister to enter into agreement with Senate3

5.Advisory Committees to advise Minister5

6.Provisions as to Advisory Committees6

7.Regulations7

Notes

Compilation table8

Provisions that have not come into operation8

Defined terms

 

University Medical School, Teaching Hospitals, Act 1955

An Act to provide facilities in certain hospitals for the teaching of medical students of the University of Western Australia Medical School.

1.Short title

This Act may be cited as the University Medical School, Teaching Hospitals, Act 1955 1.

2.Interpretation

In this Act unless the context requires otherwise — 

managing body means a board as defined by section 2 of the Hospitals and Health Services Act 1927, but does not include the Minister to whom the administration of that Act is committed in relation to any public hospital controlled by him under section 7 of that Act;

medical student means a person who studies medicine;

medicine means all or any of the branches of medicine or surgery or both;

mental health hospital means a public hospital that the regulations provide is to be regarded as a mental health hospital for the purposes of this Act;

public hospital has the same meaning as in section 2 of the Hospitals and Health Services Act 1927, and includes — 

(a)a hospital established under Part X of the Health Act 1911; and

(b)a mental health hospital;

Senate means the Senate constituted pursuant to the University of Western Australia Act 1911;

teaching hospital means a public hospital which — 

(a)has been declared under section 3(1); and

(b)has not ceased by reason of a declaration made under section 3(2),

to be a teaching hospital to which the provisions of this Act apply.

[Section 2 amended by No. 21 of 1985 s. 2; No. 103 of 1994 s. 18; No. 69 of 1996 s. 92.]

3.Declaration of teaching hospitals

(1)Where the Senate is of opinion that a public hospital is suitable for the teaching of medicine, the Senate may give written notification to that effect to the Minister who shall, as soon after receiving it as is practicable, present the notification to the Governor who may by proclamation declare the public hospital to be a teaching hospital to which the provisions of this Act apply.

(2)If the Senate is of opinion that a public hospital that is declared to be a teaching hospital under subsection (1) should no longer be a teaching hospital to which the provisions of this Act apply, the Senate shall give written notification to that effect to the Minister who shall, as soon after receiving it as is practicable, present that notification to the Governor who may by proclamation declare that that public hospital ceases with effect from the date specified in that proclamation to be a teaching hospital to which the provisions of this Act apply.

(3)The Minister may, if the name of a public hospital that is declared to be a teaching hospital under subsection (1) (in this subsection called the public hospital name) has been changed, recommend to the Governor that the name of the teaching hospital (in this subsection called the teaching hospital name) be changed to accord with the public hospital name as changed, and the Governor may by proclamation change the teaching hospital name in accordance with that recommendation with effect from the date specified in that proclamation, being a date not earlier than the date on which the change to the public hospital name to which that recommendation relates took place.

(4)The identity and rights and obligations of a teaching hospital the name of which is changed under subsection (3) are not affected by that change and a reference to that teaching hospital as a teaching hospital in a written law or a document or instrument by its name as it was prior to that change shall be construed as a reference to that teaching hospital by its name as so changed.

[Section 3 amended by No. 21 of 1985 s. 3.]

4.Power of managing body or Minister to enter into agreement with Senate

(1)Subject to subsection (2) and to section 5 — 

(a)if a teaching hospital has a managing body, its managing body; or

(b)if a teaching hospital does not have a managing body, the Minister,

may — 

(c)enter into an agreement with the Senate in relation to — 

(i)the provision in the teaching hospital of facilities for research and for the teaching of medicine, including the use of land under the control of the teaching hospital and the erection of buildings thereon;

(ii)the admission of medical students to the practice, referred to in that agreement, of the teaching hospital;

(iii)except in the case of a teaching hospital which is on the reserve within the meaning of the Queen Elizabeth II Medical Centre Act 1966, the formation of an electoral committee for the teaching hospital charged with the responsibility of making recommendations to the managing body of the teaching hospital or the Minister, as the case requires, concerning the appointment of persons who are concerned with teaching duties to the consultant clinical staff of the teaching hospital;

(iv)the making of arrangements whereby — 

(A)members of the medical staff of the Faculty of Medicine of; and

(B)other staff of, or persons nominated by,

The University of Western Australia who are recommended by — 

(C)the electoral committee of the teaching hospital referred to in subparagraph (iii); or

(D)in the case of a teaching hospital which is on the reserve within the meaning of the Queen Elizabeth II Medical Centre Act 1966, the appointments committee of that teaching hospital referred to in section 16 of that Act,

may practise within the teaching hospital and participate in the teaching of medical students; and

(v)any other matter necessary or convenient for the establishment or carrying on of the research, practice and teaching function, referred to in that agreement, of the teaching hospital;

and

(d)make by‑laws — 

(i)regulating the admission, duties and discipline of medical students; and

(ii)fixing clinical fees for medical students admitted to the practice of the teaching hospital.

(2)The managing body of a teaching hospital shall not without the prior approval of the Minister enter into an agreement under subsection (1) in relation to the provision in the teaching hospital of facilities for research or for the teaching of medicine, being facilities which consist of — 

(a)the use of land under the control of the teaching hospital or the erection of buildings thereon; or

(b)the acquisition of equipment of a type (however described or identified), or of more than a value, or of both — 

(i)determined by the Minister; and

(ii)notified in writing to that managing body.

[Section 4 inserted by No. 21 of 1985 s. 4.]

5.Advisory Committees to advise Minister

(1)Where in respect of a teaching hospital for which there is not a managing body the Minister proposes exercising any power conferred upon him under section 4, the Minister shall before exercising the power, give written notification of the proposal to the appropriate Advisory Committee mentioned in subsection (2) or (3), and consider the advice of the Committee on the proposal.

(2)If a teaching hospital referred to in subsection (1) is a mental health hospital, the Advisory Committee shall consist of — 

(a)a person nominated by the Senate;

(b)a person nominated by the Faculty of Medicine of The University of Western Australia;

(c)the Chief Psychiatrist referred to in section 8 of the Mental Health Act 1996 or a person nominated by him or her; and

(d)a medical practitioner nominated by the Minister charged with the administration of the Mental Health Act 1996.

(3)If a teaching hospital referred to in subsection (1) is not a mental health hospital, the Advisory Committee shall consist of — 

(a)a person nominated by the Senate;

(b)a person well versed in hospital administration (not being a medical practitioner) nominated by the Minister;

(c)a person nominated by the Faculty of Medicine of The University of Western Australia;

(d)the Executive Director, Personal Health Services, in the department of the Public Service of the State principally assisting the Minister charged with the administration of the Hospitals and Health Services Act 1927 2 or a person nominated by him; and

(e)a medical practitioner nominated by the Minister.

(4)The Advisory Committee shall, as soon as is practicable after receiving notification of the proposal from the Minister, consider the proposal and give to the Minister a written report of their advice on the proposal.

(5)The Minister may request the advice of the appropriate Advisory Committee on any other matter related to the provisions or operations of this Act and thereupon the Committee shall consider the matter and give to the Minister a written report of their advice upon it.

[Section 5 amended by No. 28 of 1984 s. 99; No. 21 of 1985 s. 5; No. 69 of 1996 s. 93.]

6.Provisions as to Advisory Committees

The members of the respective Advisory Committees —

(a)are entitled to such remuneration, leave of absence, travelling and other allowances as are prescribed by the regulations;

(b)shall keep proper minutes of their proceedings and cause the minutes to be available for inspection by the Minister or any person nominated by him; and

(c)may —

(i)appoint deputies to act for them when they are unable to act;

(ii)convene meetings;

(iii)appoint their chairman;

(iv)fix a quorum;

(v)determine voting rights; and

(vi)otherwise regulate their proceedings,

in such manner as they think fit, or if the regulations relating to those matters or any of them are made, in accordance with the regulations.

7.Regulations

The Governor may make such regulations as are required, or as appear to him to be necessary or convenient for effecting the operation and purposes of this Act.

 

Notes

1This is a compilation of the University Medical School, Teaching Hospitals, Act 1955 and includes the amendments made by the other written laws referred to in the following table 1a. The table also contains information about any reprint.

Compilation table

Short title

Number and year

Assent

Commencement

University Medical School, Teaching Hospitals, Act 1955

31 of 1955

24 Nov 1955

24 Nov 1955

Health Legislation Amendment Act 1984 Pt. XXIII

28 of 1984

31 May 1984

1 Jul 1984 (see s. 2 and Gazette 15 Jun 1984 p. 1629)

University Medical School, Teaching Hospitals, Amendment Act 1985

21 of 1985

19 Apr 1985

17 May 1985

Reprint of the University Medical School, Teaching Hospitals, Act 1955 as at 2 Jan 1991 (includes amendments listed above)

Hospitals Amendment Act 1994 s. 18

103 of 1994

11 Jan 1995

3 Feb 1995 (see s. 2 and Gazette 3 Feb 1995 p. 333)

Mental Health (Consequential Provisions) Act 1996 Pt. 21

69 of 1996

13 Nov 1996

13 Nov 1997 (see s. 2)

Reprint 2: The University Medical School, Teaching Hospitals, Act 1955 as at 7 May 2004 (includes amendments listed above)

1aOn the date as at which this compilation was prepared, provisions referred to in the following table had not come into operation and were therefore not included in this compilation. For the text of the provisions see the endnotes referred to in the table.

Provisions that have not come into operation

Short title

Number and year

Assent

Commencement

Mental Health Legislation Amendment Act 2014 Pt. 4 Div. 4 Subdiv. 23 3

25 of 2014

3 Nov 2014

To be proclaimed (see s. 2(b))

2Formerly referred to the Hospitals Act 1927 the short title of which was changed to the Hospitals and Health Services Act 1927 by the Hospitals Amendment Act 1994 s. 5. Reference changed under the Reprints Act 1984 s. 7(5)(a).

3On the date as at which this compilation was prepared, the Mental Health Legislation Amendment Act 2014 Pt. 4 Div. 4 Subdiv. 23 had not come into operation. It reads as follows:

 

Part 4 — Amendments to other Acts

Division 4 — Other Acts amended

Subdivision 23 — University Medical School, Teaching Hospitals, Act 1955 amended

87.Act amended

This Subdivision amends the University Medical School , Teaching Hospitals, Act 1955.

88.Section 5 amended

In section 5(2):

(a)delete paragraph (c) and insert:

 

(c)the Chief Psychiatrist (as defined in the Mental Health Act 2014 section 4) or a person nominated by the Chief Psychiatrist; and

 

(b)in paragraph (d) delete “Mental Health Act 1996.” and insert:

 

Mental Health Act 2014.

 

 

 

 

Defined terms

 

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined termProvision(s)

managing body2

medical student2

medicine2

mental health hospital2

public hospital2

Senate2

teaching hospital2

the public hospital name3(3)

the teaching hospital name3(3)