Tasmanian Numbered Acts

HEALTH ACT 1997 (NO. 13 OF 1997) - SCHEDULE 4

SCHEDULE 4 - Consequential amendments

(a) by omitting paragraph (a) of subsection (1) and substituting the following paragraph:

(a) a hospital maintained and operated by or on behalf of the State; or

(b) by omitting subsection (3) and substituting the following subsection:

      (3) For the purposes of this Act, the responsible authority for an assessment centre that is a hospital maintained and operated by or on behalf of the State is the Secretary of the responsible Department in relation to the Health Act 1997 .

1.  Section 64(10) is amended by omitting paragraph (e) and substituting the following paragraph:

(e) in a hospital maintained and operated by or on behalf of the State or premises in respect of which a licence is in force under Part III of the Hospitals Act 1918 ; or

1.  Section 2 is amended by omitting the definition of "board" .

2.  Section 3 is amended as follows:

(a) by omitting from subsection (1) "the board has power and shall be deemed always to have had" and substituting "the Minister on behalf of the State has" ;

(b) by omitting subsection (2) and substituting the following subsection:

      (2) The Launceston Public Hospitals Board and the Northern Regional Health Board are taken always to have had power to do any of the things specified in subsection (1)(a), (b) or (c).

3.  Section 6 is amended by omitting "board may, with the approval of the Minister," and substituting "Minister may" .

4.  Section 7 is amended as follows:

(a) by omitting subsection (1) and substituting the following subsection:

      (1) The Minister is to maintain the Cosgrove Park Development Fund established by the former board.

(b) by inserting in subsection (2) "former" before "board" (wherever occurring);

(c) by omitting from subsection (3) "board" and substituting "Minister" ;

(d) by omitting from subsection (4) "board" and substituting "Minister" ;

(e) by omitting from subsection (4) ", apply with the approval of the Minister," and substituting " apply" ;

(f) by inserting after subsection (4) the following subsection:

      (5) In this section –

"former board" means the Launceston Public Hospitals Board in existence immediately before the commencement of the Health (Regional Boards) Act 1991 ;

"fund" means the Cosgrove Park Development Fund maintained by the Minister under this section.

1.  Section 37(4) is amended as follows:

(a) by omitting paragraph (a) and substituting the following paragraph:

(a) a hospital maintained and operated by or on behalf of the State;

(b) by omitting from paragraph (b) "that Act" and substituting "the Hospitals Act 1918 " .

1.  Section 3 is amended as follows:

(a) by omitting " Health (Regional Boards) Act 1990 " from the definition of "Health Department" and substituting " Health Act 1997 " ;

(b) by omitting " Health (Regional Boards) Act 1990 " from the definition of "Health Minister" and substituting " Health Act 1997 " .

1.  Section 66 is amended as follows:

(a) by omitting from subsection (3) " Health (Regional Boards) Act 1991 concerning the provision of services for a hospitals board by health practitioners visiting a hospital the maintenance, management, and regulation of which the board is charged pursuant to that Act" and substituting " Health Act 1997 concerning the provision of services for a hospital maintained and operated by or on behalf of the State by health practitioners visiting such a hospital" ;

(b) by omitting the definition of "hospitals board" from subsection (5).

1.  Section 10 is amended as follows:

(a) by omitting from subsection (1)(e) "a hospitals board or" ;

(b) by omitting from subsection (3A) the definition of "hospitals board" .

1.  Section 3(1) is amended as follows:

(a) by omitting paragraph (b) of the definition of "hospital authority" and substituting the following paragraph:

(b) when used in relation to a public hospital, the Secretary; and

(b) by omitting the definition of "public hospital" and substituting the following definition:

"public hospital" means a hospital maintained and operated by or on behalf of the State;

1.  Section 3 is amended by omitting paragraph (a) of the definition of "controlling authority" and substituting the following paragraph:

(a) in the case of a hospital or an assessment centre maintained and operated by or on behalf of the State, the Secretary of the Department; or

1.  Section 8(1)(b) is amended as follows:

(a) by omitting from subparagraph (iii) "authority;" and substituting "authority; or" ;

(b) by omitting from subparagraph (iv) "or" second occurring;

(c) by omitting subparagraph (v).

1.  Schedule 1 is amended by omitting item 26.

1.  Section 16 is amended as follows:

(a) by omitting from paragraph (b) of the definition of "attendant" in subsection (1) "Regional Health Board which maintains and operates that hospital or, where the Board has delegated its" and substituting "Secretary or, where the Secretary has delegated his or her" ;

(b) by omitting paragraph (b) of subsection (3).

1.  Section 21(3) is amended by omitting the definition of "public hospital" and substituting the following definition:

"public hospital" means a hospital maintained and operated by or on behalf of the State.

2.  Section 30B(6) is amended by omitting "a board under the Health (Regional Boards) Act 1991 or" and substituting "or on behalf of the State or by a" .

3.  Section 30C(2) is amended by omitting "a board under the Health (Regional Boards) Act 1991 or" and substituting "or on behalf of the State or by a" .

1.  Section 3(1) is amended by omitting the definition of "public hospital" and substituting the following definition:

"public hospital" means a hospital maintained and operated by or on behalf of the State;

1.  Section 20(2) is amended by omitting "A Regional Health Board established under the Health (Regional Boards) Act 1991 " and substituting "The Secretary of the Department" .

2.  Section 29 is amended as follows:

(a) by omitting from subsection (1) "hospitals board" and substituting "Secretary of the Department" ;

(b) by omitting from subsection (9) the definitions of "hospitals board" and "public hospital" and substituting the following definition:

3.  Section 54(4) is amended by omitting paragraph (c) and substituting the following paragraph:

(c) hospital maintained and operated by or on behalf of the State;

1.  Section 61(2) is amended by omitting "a Board under the Health (Regional Boards) Act 1991 " and substituting "or on behalf of the State" .

1.  Section 3(1) is amended by omitting "a board under the Health (Regional Boards) Act 1991 " from the definition of "private hospital" and substituting "or on behalf of the State" .

2.  Schedule 3 is amended by omitting from paragraph (b)(iii) of item 31 in Part I "a Board within the meaning of the Health (Regional Boards) Act 1991 , or by" .

1.  Section 2(1) is amended by omitting paragraph (b) of the definition of "public institution" and substituting the following paragraph:

(b) a hospital maintained and operated by or on behalf of the State;