Hospitals Amendment Act 1988
Hospitals Amendment Act 1988
Hospitals Amendment Act 1988
Hospitals Amendment Act 1988
Public Act |
1988 No 22 |
|
Date of assent |
30 March 1988 |
|
Contents
An Act to amend the Hospitals Act 1957
BE IT ENACTED by the Parliament of New Zealand as follows:
1 Short Title and commencement
(1)
This Act may be cited as the Hospitals Amendment Act 1988, and shall be read together with and deemed part of the Hospitals Act 1957 (hereinafter referred to as the principal Act).
(2)
This Act shall come into force on the 1st day of April 1988.
2 Interpretation
(1)
Section 2 of the principal Act (as amended by section 2(2) of the Hospitals Amendment Act 1986) is hereby amended by inserting in subsection (1), in its appropriate alphabetical order, the following definition:
“‘Acting general manager’, in relation to any Hospital Board, means the acting general manager appointed under section 48a of this Act:”.
(2)
The said section 2 is hereby further amended by repealing the definition of the term “Director-General”
in subsection (1), and substituting the following definition:
“‘Director-General’ has the meaning given to it by section 2(1) of the Health Act 1956:”.
(3)
The said section 2 is hereby further amended by repealing the definition in subsection (1) of the term “Health Service Personnel Commission”
(as inserted by section 65(1) of the Health Service Personnel Act 1983).
(4)
The said section 2 is hereby further amended by inserting in subsection (1), in its appropriate alphabetical order, the following definition:
“‘State Services Commission’ means the commission continued in existence by section 3 of the State Sector Act 1988:”.
3 Functions, duties, and status of Hospital Boards
Section 4(1) of the principal Act is hereby amended by repealing paragraph (b), and substituting the following paragraph:
“(b)
Subject to the powers given to the acting general manager,—
“(i)
To manage all institutions for the time being vested in or controlled by it under this Act; and
“(ii)
To administer all services provided by it under this Act:”.
4 Execution of documents
Section 46 of the principal Act (as substituted by section 6 of the Hospitals Amendment Act 1970) is hereby amended by adding to subsection (1) the words “or by the Board’s acting general manager”
.
5 New sections inserted
The principal Act is hereby amended by inserting, before section 49(but under the heading Officers and Employees of Board), the following sections:
“48a Acting general manager
“(1)
Each Hospital Board shall appoint an acting general manager, who shall be the administrative head of the Hospital Board.
“(2)
In deciding upon the person to be appointed as acting general manager, the Board shall have regard to the need to appoint a person who—
“(a)
Can discharge the specific responsibilities placed on the acting general manager; and
“(b)
Will imbue the employees with a spirit of service to the community; and
“(c)
Will promote efficiency; and
“(d)
Will be a responsible manager; and
“(e)
Will maintain appropriate standards of integrity and conduct among the employees of the Board; and
“(f)
Will ensure that the Board is a good employer; and
“(g)
Will promote equal employment opportunities.
“(3)
The conditions of employment of an acting general manager shall be determined in each case by agreement between the Board and the acting general manager, but the Board shall obtain the written concurrence of the State Services Commission to the conditions of employment before finalising the conditions of employment with the acting general manager.
“(4)
Every acting general manager shall be appointed for a term of not more than 1 year.
“(5)
Every acting general manager shall be eligible for reappointment from time to time.
“(6)
The Hospital Board, for just cause or excuse, may remove the acting general manager from office.
“(7)
The provisions of sections 39a to 39c, sections 39i to 39n, section 39p, section 39q(3), sections 39r to 39zf, and sections 39zi, 39zj, and 41a of the Area Health Boards Act 1983 shall apply to a Hospital Board with all necessary modifications and as if—
“(a)
Every reference in those sections to the general manager were a reference to the acting general manager; and
“(b)
Every reference in those sections to an area health board were a reference to a Hospital Board.
“48b Equal employment opportunities
“(1)
The acting general manager of a Board—
“(a)
Shall in each year develop and publish an equal employment opportunities programme:
“(b)
Shall ensure in each year that the equal opportunities programme for that year is complied with.
“(2)
Every acting general manager shall report annually to the Director-General and shall include in that report—
“(a)
A summary of the equal employment opportunities programme for the year to which the report relates; and
“(b)
An account of the extent to which the acting general manager was able to meet, during the year to which the report relates, the equal employment opportunities programme for that year.
“(3)
The Director-General shall incorporate in the annual report of the department a summary of the reports received under subsection (2) of this section.
“(4)
For the purposes of this section an equal employment opportunities programme means a programme that is aimed at the identification and elimination of all aspects of policies, procedures, and other institutional barriers that cause or perpetuate, or tend to cause or perpetuate, inequality in respect to the employment of any persons or group or persons.”
6 Liability of Board for negligence
Section 86(2) of the principal Act is hereby amended by repealing paragraph (a), and substituting the following paragraph:
“(a)
Where the act or omission complained of is that of a person who is an employee of the Board, and it occurs at any time while that person is in the course of performing any service or doing any work for any other Board; or”.
7 Repeal of provisions relating to officers and employees of Board
The following enactments are hereby repealed, namely:
(a)
Section 49 of the principal Act (as substituted by section 65(1) of the Health Service Personnel Act 1983):
(b)
Section 51 of the principal Act (as amended by section 65(1) of the Health Service Personnel Act 1983):
(c)
Sections 51b, 52, 52a, 52b, and 52c (as enacted by section 65(1) of the Health Service Personnel Act 1983):
(d)
Section 4 of the Hospitals Amendment Act 1986.
8 Access by teachers and students
(1)
Section 59(1) of the principal Act is hereby amended by repealing paragraphs (a) and (b), and substituting the following paragraphs:
“(a)
The appointment by the acting general manager of the Board of any professor, lecturer, or other member of the teaching staff of the school as an honorary or part-time member of the medical staff of the hospital for the purposes of the school:
“(b)
The appointment by the acting general manager of the Board of any professor, lecturer, or other member of the teaching staff of the school as a medical officer of the Board to perform duties in relation to the treatment of patients in addition to his or her tutorial duties; and the payment to him or her, or to the governing body of the school, by the acting general manager of remuneration in respect of his or her duties as a medical officer of the Board.”
(2)
Section 59 of the principal Act is hereby further amended by repealing subsection (1a) (as inserted by section 9(1) of the Hospitals Amendment Act 1973), and substituting the following subsection:
“(1a)
For the purposes of paragraphs (b) and (c) of subsection (1) of this section, the term ‘remuneration’ includes all payments made or proposed to be made in consideration of services rendered or to be rendered.”
(3)
Section 9(1) of the Hospitals Amendment Act 1973 is hereby consequentially repealed.
9 Transitional provisions
The provisions of sections 16 to 30 of the Area Health Boards Amendment Act 1988 shall apply to Hospital Boards with all necessary modifications and as if—
(a)
Every reference in those sections to the general manager were a reference to the acting general manager; and
(b)
Every reference in those sections to an area health board were a reference to a Hospital Board.
10 Revocations
The regulations, orders, and notice specified in the Schedule to this Act are hereby revoked.
Schedule Regulations, Orders, and Notice Revoked
Section 10
| Title | Statutory Regulations Serial Number |
|---|---|
| The Hospital Employment Regulations 1963 | 1963/101 |
| The Hospital Employment Regulations 1963, Amendment No. 1 | 1964/99 |
| The Hospital Employees Gratuities Regulations 1964 | 1964/198 |
| The Hospitals Employment (Review Committee) Notice 1972 | 1972/132 |
| The Hospital Board (Review Committee) Regulations 1972 | 1972/191 |
| The Hospitals (Electronic Technicians) Exemption Order 1977 | 1977/198 |
| The Hospital Employment Regulations 1963, Amendment No. 2 | 1977/212 |
This Act is administered in the Department of Health.