Hospitals (Administration of Public Hospitals) Regulations 1940



    10. Model by-laws (section 37)

    The following by-laws are hereby formulated under section 37 of the Hospitals and Health Services Act 1927, as model by-laws for the guidance of boards of management of public hospitals in respect of the matters regarding which such boards may make by-laws and which are provided for in such model by-laws, that is to say

    1. (1) The Board shall, after it has been duly appointed, and at its first meeting after such appointment, elect one of its members to be chairman.

    (2) The chairman shall, when present, preside at all meetings of the board, and shall be ex officio member of all subcommittees.

    2. (1) The Board shall meet at times and places as may be decided upon.

    (2) The order of business at board meetings shall be

    (i) minutes, confirmation and business arising therefrom;

    (ii) correspondence, business arising therefrom;

    (iii) finance, statement, and accounts;

    (iv) reports;

    (v) motions of which notice has been given;

    (vi) general and other business.

    3. A special meeting of the board may be called at any time and place by the chairman or 2 members of the board, in writing, through the secretary. Each member of the board shall receive 24 hours' written notice of any ordinary or special meeting of the board.

    4. In case of any member of the board of management being absent from 3 consecutive monthly meetings without leave of absence, the board may recommend to the Governor that his or her seat be declared vacant, and that another person be appointed to fill the vacancy.

    5. At each ordinary meeting of the board, 2 members shall be appointed as a visiting committee for one month. This committee shall visit the public hospital at least once before the next ordinary meeting and report to the board.

    6. (1) At its first meeting, the board shall appoint 3 of its members as a finance committee for the year.

    (2) Before each meeting this committee shall examine all accounts that are to be presented and shall satisfy itself that they are in order before recommending them for payment. At the end of each quarter the committee shall examine the debtors ledger and shall direct the secretary thereon, as may be necessary.

    (3) In cases where it is impossible for accounts to be brought before a board meeting, the finance committee shall have authority to pass ordinary maintenance accounts for payment.

    7. The annual public general meeting shall be held in the month of July in each year and not less than 14 days' notice shall be given of such meeting. The order of business at the annual meeting shall be and includes

    (a) confirmation of the minutes of the previous annual meeting;

    (b) report of the board for the previous year;

    (c) balance sheet, and statement;

    (d) business of which due notice has been given;

    (e) any other business allowed.

    8. The matron of the public hospital appointed by the board shall, subject to the direction of the board, have full control of the internal administration of the public hospital, and of things appertaining thereto.

              [By-law 8 amended in Gazette 23 January 1987 p.185.]
    9. The secretary appointed by the board shall receive such remuneration as shall be decided upon by the board from time to time. He shall carry out all the lawful orders and instructions of the board. He shall conduct the correspondence and keep the books as required by the board.

    10. (1) No patient, except maternity cases, shall be admitted to the public hospital unless ordered by a medical practitioner. Provided that, in cases of emergency, the matron may admit any patient to the public hospital, but such cases shall be referred to a medical practitioner as early as possible after admission.

    (2) Maternity patients shall give to the matron as long a notice as possible of their intention to enter and use the public hospital.

              [By-law 10 amended in Gazette 23 January 1987 p.185.]
    11. (1) No person whose admission is likely to cause danger to other patients, shall, except in cases of emergency, be admitted to the public hospital.

    (2) When any such patient is admitted to the public hospital in a case of emergency, his case shall be referred to a medical practitioner as early as possible after admission.

              [By-law 11 amended in Gazette 23 January 1987 p.185.]
    12. No patient shall be absent from the public hospital without leave from a medical practitioner or the matron.
              [By-law 12 amended in Gazette 23 January 1987 p.185.]
    13. Any person gambling, swearing, or using abusive language or in any other way behaving indecently in any part of the public hospital or grounds, or who shall fail to comply with any of these rules, shall be liable to be discharged or expelled from the public hospital.
              [By-law 13 amended in Gazette 23 January 1987 p.185.]
    14. Should a patient be dangerously ill, the matron shall at once notify the spouse, de facto partner or some of the other relatives of such patient, and should the patient desire that a clergyman be sent for, his or her wishes in this respect are to be immediately attended to.
              [By-law 14 amended in Gazette 30 June 2003 p. 2605.]
    15. (1) Any patient, who desires to leave the public hospital of his own desire before being discharged as cured of the complaint or disease for which he is being treated in the public hospital, may be required by the matron to make a statutory declaration to the effect that he is leaving the public hospital of his own desire.

    (2) Where a patient referred to in paragraph (1) is unable or refuses to make the said declaration, the matron may require the person who removes the patient from the public hospital to make a statutory declaration that he is removing the patient from the public hospital at the request of the patient.

              [By-law 15 amended in Gazette 23 January 1987 p.185.]
    16. The fees payable for treatment of patients at the public hospital shall be at the following rates

    (a) Inpatients

    Patients to whom the Workers' Compensation Act 1912 4 (as amended) applies $66.00 per day.

    Patients to whom the Motor Vehicle (Third Party Insurance) Act 1943 (as amended) applies $66.00 per day.

    Patients to whom section 31A of the Hospitals and Health Services Act 1927 applies $66.00 per day.

    Hospital patients No charge.

    Private patients:

    Single bed wards $75.00 per day.

    All other beds $50.00 per day.

    Nursing Home Type Patients

    (a) A Nursing Home Type Patient who is a hospital insured person or a person other than a public hospital insured person who elects to be treated as a private patient

    (i) where receiving extensive care $29.65 per day.

    (ii) where not receiving extensive care $23.65 per day.

    (b) Any other Nursing Home Type Patient $7.65 per day.

    (b) Outpatients

    Compensable (Statute) Cases:

    Attendance fee $10.00 per day.

    Minor operation $12.00 per day.

    Other items At cost.

    All other patients No charge.

              [By-law 16 inserted in Gazette 17 August 1979 p.2487; amended in Gazette 3 October 1980 p.3372; 16 January 1981 p.110; 29 May 1981 p.1605; 23 January 1987 p.185.]
    17. Except in the case of an indigent patient, or when the board of management of the public hospital otherwise determines, no patient shall be permitted to leave the public hospital until all public hospital fees payable by him or on his behalf have been paid or a guarantee for such payment satisfactory to the said board of management has been received by such board.
              [By-law 17 amended in Gazette 23 January 1987 p.185.]
    18. (1) The public may be admitted to the public hospital between such hours as the board shall from time to time direct.

    (2) All visitors must obey the directions of the matron or nurse on duty.

    (3) No visitors shall enter any ward without first obtaining permission from the matron or nurse in charge.

              [By-law 18 amended in Gazette 23 January 1987 p.185.]
    19. No intoxicating liquors of any kind shall be brought into the public hospital, except by the direction of a medical practitioner, nor shall any fruit or food be brought into the wards or be received by patients without the sanction of the matron.
              [By-law 19 amended in Gazette 23 January 1987 p.185.]
    20. (1) Ministers of religion visiting the public hospital for the purpose of ministering to the patients shall visit only those patients who desire their ministrations, and shall not interfere with the repose and quiet of the other patients.

    (2) Ministers of religion may attend special or urgent cases, at any time, by arrangement with the matron, but in other cases they must arrange their visits so as to suit the convenience of the public hospital staff.

    21. (1) A person shall not bring or allow to accompany him any dog or cat into any ward or other portion of the public hospital occupied or intended to be occupied by patients.

    (2) Any person who contravenes this by-law shall be liable to a penalty not exceeding $4.

              [By-law 21 inserted in Gazette 26 November 1943 p.1102; amended in Gazette 23 January 1987 p.185.]
    22. (1) A person shall not smoke in any area of the public hospital which is open to the public, including out-patients waiting areas.

    (2) The board may set apart

    (a) non-smoking areas in wards or non-smoking wards or rooms in the public hospital;

    (b) special smoking areas, wards or rooms where smoking is permitted by all persons or by classes of persons,

    and a person shall not smoke

    (c) in an area, ward or room set apart in accordance with paragraph (a); or

    (d) in an area, ward or room set apart in accordance with paragraph (b) if that person is not a person so permitted by the board.

    (3) Any person who contravenes this by-law shall be liable to a penalty not exceeding $50.

    [By-law 22 inserted in Gazette 2 November 1979 p.3451; amended in Gazette 23 January 1987 p.185.]



Note: This is not an authorised version. The only authorised version is the hardcopy (printed) version published under authority of the Government Printer, available from the State Law Publisher, 10 William St Perth W.A. 6000.