University Medical School, Teaching Hospitals, Act 1955
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University Medical School, Teaching Hospitals, Act 1955As amended by Acts: No. 52 of 1981, assented to 25 September 1981; No. 28 of 1984, assented to 31 May 1984; No. 21 of 1985, assented to 19 April 1985. AN ACT to provide facilities in certain hospitals for the teaching of medical students of The University of Western Australia Medical School [Assented to 24 November 1955]  BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows: Short title 1. This Act may be cited as the University Medical School, Teaching Hospitals, Act 1955. Interpretations 2. In this Act unless the context requires otherwise— 'managing body' means a board as defined by section 2 of the Hospitals 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; [Cf. No. 23 of 1927, s. 2, as amended. Cf. No. 34 of 1911 reprinted as amended in Vol. 3 of the Reprinted Acts, 1950, and further amended; ss. 3, 317, 319 and 320. Amended by No. 21 of 1985.] 'medical student' means a person who studies medicine; 'medicine' means all or any of the branches of medicine or surgery or both; [Cf. the Medical Act, 1894-1952, Vol. 6 of the Reprinted Acts, 1954, s. 19(1).] 'mental health hospital' means— (a) a hospital referred to in section 19(1)(c); (b) an in-patient unit referred to in section 19(1)(d); or (c) a geriatric centre referred to in section 19(1)(e), of the Mental Health Act 1962; [Inserted by No. 21 of 1985.] 'public hospital' has the same meaning as in section 2 of the Hospitals Act 1927, and includes— [Cf. No. 23 of 1927, s. 2, as amended.] (a) a hospital established under Part X of the Health Act 1911; and [Amended by No. 21 of 1985.] (b) an approved hospital under section 10 of the Mental Health Act 1981. [Cf. No. 15 of 1903 reprinted as amended in the appendix of the Sessional Volume for 1920 and as further amended. Cf. No. 9 of 1917, as amended. Cf. No. 13 of 1927, as amended. Cf. No. 52 of 1981, s. 27, as amended.] 'Senate' means the Senate constituted pursuant to the University of Western Australia Act 1911; [Cf. No. 37 of 1911, s. 8, as amended.] '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. [Amended by No. 21 of 1985, s. 2.] Declaration of Teaching Hospitals 3.(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. [Cf. No. 30 of 1918, s. 4, as to proclamation. Amended by No. 21 of 1985, s. 3.] (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. [Inserted by No. 21 of 1986.] (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. Power of managing body or Minister to enter into agreement with Senate 4. 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 sub-paragraph (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. [Amended by No. 21 of 1985, s. 4.] Advisory Committees to advise Minister 5.(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. [Amended by No. 28 of 1984, s. 99; No. 21 of 1985, s. 5.] (2) If the teaching hospital is an approved hospital under section 10 of the Mental Health Act 1981 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 Director of Mental Health Services or a person nominated by him; and (d) a medical practitioner nominated by the Minister to whom the administration of the Mental Health Act 1981 is committed. [Amended by No. 52 of 1981, s. 28; No. 21 of 1985, s. 5.] (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 Act 1927 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. Provisions as to Advisory Committees 6. 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 regulations relating to those matters or any of them are made, in accordance with the regulations. Regulations 7. 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. |