War Veterans Home (Management) Act 1962
An Act to make provision with respect to the management of the quarters erected in accordance with the provisions of the War Veterans Home Act 1937 and for matters incidental thereto
[Royal Assent 19 April 1962]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
This Act may be cited as the War Veterans Home (Management) Act 1962 .
In this Act, unless the contrary intention appears –agreement means the agreement approved by the War Veterans Home Act 1937 ;Board means the Gellibrand House Board constituted under this Act;Home means Gellibrand House at New Town in this State, being the quarters erected in accordance with the provisions of the War Veterans Home Act 1937 ;Secretary means the person appointed as the Secretary to the Board pursuant to section nine ;Superintendent means the Superintendent of St. John's Park Hospital;Trustees means the Trustees as defined in the agreement;war veteran means a war veteran as defined in the agreement.
3. Management and staff of the Home
(1) [Section 3 Subsection (1) amended by No. 29 of 1984, s. 3 and Sched. 1 ]Subject to this Act, the management and administration of the Home is vested in the Superintendent, who may employ for that purpose any employee employed in St. John's Park Hospital.(2) [Section 3 Subsection (2) omitted by No. 29 of 1984, s. 3 and Sched. 1 ]. . . . . . . .(3) The nurses, attendants, and other officers appointed to the staff of the Home before the date of the commencement of this Act and holding office on that date shall be deemed to have been appointed under the authority of this section and, subject to the provisions of the Public Service Act 1923 , are entitled to continue in office accordingly.
(1) For the purposes of this Act there shall be a Board, to be known as the Gellibrand House Board.(2) The Board shall consist of three persons, of whom –(a) two shall be persons appointed by the Governor, one of whom shall be a legally-qualified medical practitioner; and(b) one shall be a person nominated by the Trustees and appointed by the Governor.(3) The members of the Board shall hold office for five years and shall be paid such travelling and other allowances by way of reimbursement of expenses as the Governor may determine.(4) Except as provided by subsection (3) of this section, a member of the Board is not entitled to receive any remuneration in respect of his services as a member thereof.
5. Admission of patients to Home
(1) No persons shall be admitted as a resident in the Home except upon the certificate of the Board, as provided by this section.(2) Any war veteran may apply to the Board for admission as a resident in the Home.(3) The Board shall consider any application under this section and, if after such investigation as it thinks necessary it is satisfied that the person referred to therein is a war veteran as defined in the agreement and is a suitable person for admission to the Home, may issue a certificate in the prescribed form.
If, in the opinion of the Board –the Board may discharge that person from the Home.(a) a person who has been admitted as a resident in the Home contravenes any regulation that is applicable to him, or commits any nuisance, or causes annoyance to other residents in the Home, or otherwise misconducts himself; and(b) it is necessary or desirable so to do in the interests of the other residents in the Home or for the efficient management of the Home –
7. Visits of inspection and reports by the Board
(1) The members of the Board, not less than once in each month, shall visit and inspect the Home, and shall make a report to the Minister, setting out the number of residents in the Home at the time of the visit and the number admitted and discharged since the last visit of the Board.(2) In its reports the Board shall, in addition to the matters referred to in subsection (1) of this section, state whether, in its opinion, the Home is being conducted in a proper and efficient manner, and shall make any recommendations that it thinks desirable for the improvement of the conduct of the Home.(3) The Minister may, if he thinks fit, transmit to the Superintendent any recommendations made by the Board pursuant to this section.
(1) There shall be paid in respect of the maintenance and treatment of residents in the Home such fees as may be prescribed.(2) Any unpaid fees may be recovered by the Superintendent by action in any court of competent jurisdiction.(3) The Minister may, on the recommendation of the Board, remit the payment of fees, in whole or in part, in any case where it appears desirable so to do.
[Section 9 Substituted by No. 29 of 1984, s. 3 and Sched. 1 ]The Board may, with the approval of the Head of an Agency, within the meaning of the Tasmanian State Service Act 1984 , appoint an employee employed in that Agency to be Secretary to the Board and that employee may hold office as Secretary in conjunction with his position in the State Service.
No action, claim, or demand lies, or shall be commenced or allowed, by or in favour of any person against the Board or any member of the Board in respect of any act, matter, or thing done by the Board or any member thereof in good faith in the exercise or purported exercise of any powers or functions under this Act or for the purpose of giving effect to the provisions or objects of this Act.
[Section 11 Amended by No. 29 of 1984, s. 3 and Sched. 1 ]The Governor may make regulations for the purposes of this Act, and the regulations may prescribe and regulate –(a) . . . . . . . .(b) the care, treatment, and maintenance of residents in the Home, and the conduct and management of the Home;(c) the procedure of the Board and the conduct of its business, and the cases in which the Board may delegate its powers to any one or more of the members of the Board or to the Superintendent;(d) the admission of residents to the Home; and(e) the conditions regulating the discharge of residents from the Home.