Tasmanian Bills Tasmanian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
AMBULANCE SERVICE AMENDMENT BILL 2013
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Sections 3AA and 3AB inserted
3AA. Fit and proper person
3AB. Meaning of paramedic
6. Section 4 amended (Ambulance Tasmania)
7. Section 5 amended (Appointment and incorporation of
Commissioner of Ambulance Services)
8. Section 6 amended (Functions of Commissioner)
9. Section 7 amended (Powers of Commissioner)
10. Section 9 amended (Commissioner subject to control of
Minister)
11. Section 10 amended (Delegation by Commissioner)
12. Section 14 amended (Officers of Ambulance Service)
13. Sections 14A and 14B inserted
14A. Powers of entry by officer of Ambulance Service
14B. Powers of officer of Ambulance Service at scene
14. Section 15 amended (Staff of Commissioner)
15. Section 16 amended (Volunteer ambulance officers)
[Bill 51]-VI
16. Sections 19, 20 and 20A inserted
19. Authorised officers
20. Powers of authorised officers
20A. Authorised insignia, &c.
17. Part III: Heading amended
18. Section 21 amended (Funds of Commissioner)
19. Section 22 amended (Authorised deposit-taking institution
accounts)
20. Section 23 amended (Accounts and records)
21. Section 25 amended (Temporary accommodation)
22. Section 26 amended (Expenditure outside Act)
23. Section 27 amended (Annual estimate of expenditure and
revenue)
24. Section 35 amended (Amount payable by Treasurer)
25. Part IIIA inserted
PART IIIA - Non-emergency Patient Transport
35A. Application for NEPT licence
35B. Determining application for NEPT licence
35C. Determination of application
35D. Issue of NEPT licence
35E. Authority of NEPT licence
35F. NEPT licence subject to conditions
35G. Renewal of NEPT licence
35H. Variation of NEPT licence
35I. Issue of replacement NEPT licence
35J. Surrender of NEPT licence
35K. Suspension and cancellation of NEPT licence
35L. When NEPT licence ceases to have effect
35M. Notification of changes
35N. Production of documents or vehicles for inspection
35O. Death of holder of NEPT licence
35P. Review of decisions
26. Section 36 amended (Fees for ambulance services)
27. Section 36A amended (Quality assurance committees)
28. Section 37 amended (Unauthorized provision of ambulance
services)
29. Sections 37A and 37B inserted
2
37A. Unauthorized provision of non-emergency patient
transport services
37B. Representation of person as licensed NEPT Service
30. Section 38 amended (Assistance to existing ambulance services)
31. Section 39 substituted
38A. Interstate ambulance services and interstate officers
39. Representation of vehicles as ambulances, &c.
39A. Representation of person as paramedic
39B. Offences
39C. Offences generally
32. Section 40 amended (False ambulance calls)
33. Section 40A amended (Provisions relating to employment)
34. Sections 41, 41A and 41B inserted
41. Protection from liability
41A. Protection of employment rights
41B. Infringement notices
35. Section 42 amended (Regulations)
36. Section 43 inserted
43. Transitionals
PART 2 - MISCELLANEOUS
37. Consequential amendments
38. Consequential amendments of regulations, &c., do not prevent
their subsequent amendment
39. Repeal of Act
SCHEDULE 1 - CONSEQUENTIAL AMENDMENTS
3
4
AMBULANCE SERVICE AMENDMENT BILL 2013
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
P. R. ALCOCK, Clerk of the House
29 August 2013
(Brought in by the Minister for Health, the Honourable
Michelle Anne O'Byrne)
A BILL FOR
An Act to amend the Ambulance Service Act 1982 and to
amend certain other legislation consequent on the
commencement of this Act
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:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Ambulance Service
Amendment Act 2013.
2. Commencement
This Act commences on a day to be proclaimed
but, if this Act has not commenced before
1 July 2014, this Act is taken to commence on
that date.
[Bill 51] 5
Ambulance Service Amendment Act 2013
Act No. of
s. 3 Part 1 - Preliminary
3. Principal Act
In this Act, the Ambulance Service Act 1982* is
referred to as the Principal Act.
4. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by omitting the definition of ambulance
and substituting the following definition:
ambulance means a vehicle -
(a) which is -
(i) specifically
equipped for the
provision of out-
of-hospital clinical
care to, and the
conveyance of,
persons suffering
from illness,
disability or
injury; and
(ii) operated by, or on
behalf of, the
Ambulance
Service to provide
ambulance
services other than
non-emergency
*No. 105 of 1982
6
Ambulance Service Amendment Act 2013
Act No. of
Part 1 - Preliminary s. 4
patient transport
services; or
(b) which is approved by the
Commissioner to be so
operated;
(b) by omitting "the Tasmanian Ambulance
Service" from the definition of
Ambulance Service and substituting
"Ambulance Tasmania";
(c) by omitting "first aid" from the definition
of ambulance services and substituting
"out-of-hospital clinical care";
(d) by omitting the definition of Director
and substituting the following
definitions:
approved health profession means a
class of health profession that has
been approved by the
Commissioner for the purposes of
this definition;
authorised insignia means insignia
authorised under section 20A(1);
authorised officer means a person
authorised under section 19;
Commissioner means the
Commissioner of Ambulance
Services holding office under this
Act;
7
Ambulance Service Amendment Act 2013
Act No. of
s. 4 Part 1 - Preliminary
(e) by omitting "vessels, aircraft," from the
definition of equipment;
(f) by inserting the following definition after
the definition of equipment:
fit and proper person means a person
who the Commissioner, after
taking into account matters
referred to in section 3AA, is
satisfied is a fit and proper
person;
(g) by omitting the definition of honorary
ambulance officer and substituting the
following definition:
insignia means, unless otherwise
prescribed -
(a) any items such as
uniforms, emblems,
logos, devices,
accoutrements and other
things that are generally
recognised as pertaining
to the Ambulance
Service; or
(b) any part of such items; or
(c) any reasonable imitation
or replica of such items or
parts; or
(d) any thing, or class of
things, that is prescribed
8
Ambulance Service Amendment Act 2013
Act No. of
Part 1 - Preliminary s. 4
for the purposes of this
definition;
(h) by inserting the following definitions
after the definition of motor vehicle:
NEPT licence means a licence issued
under section 35D(1);
NEPT Service means a service that
provides non-emergency patient
transport services;
non-emergency patient transport
services means transport services
that relate solely to the transport
of patients -
(a) requiring basic care and
observation; and
(b) whose medical needs
have been assessed by a
member of an approved
health profession as not
being time-critical or
acute;
(i) by omitting the definition of public street
and substituting the following
definitions:
paramedic - see section 3AB;
regulations means regulations made
under this Act;
9
Ambulance Service Amendment Act 2013
Act No. of
s. 5 Part 1 - Preliminary
(j) by inserting the following definitions
after the definition of third
commencement date:
vehicle includes -
(a) a motor vehicle; and
(b) an aircraft; and
(c) a vessel within the
meaning of the Marine
and Safety Authority Act
1997; and
(d) any other prescribed
means of transport;
volunteer ambulance officer means a
person appointed and holding
office under section 16.
5. Sections 3AA and 3AB inserted
After section 3 of the Principal Act, the
following sections are inserted in Part I:
3AA. Fit and proper person
(1) In determining whether or not a person is
a fit and proper person for the purposes
of this Act, the Commissioner may take
into account any one or more of the
following matters:
10
Ambulance Service Amendment Act 2013
Act No. of
Part 1 - Preliminary s. 5
(a) whether or not the person has
been found guilty of an offence
against this Act;
(b) whether or not the person is of
sound financial reputation and
has a stable financial background;
(c) whether or not the person is of
good repute, having regard to the
character, honesty and integrity
of the person;
(d) whether or not the person has
been found guilty of one of the
following offences within the
immediately previous 10 years,
regardless of where the person
was convicted:
(i) an indictable offence
against the person where
the maximum penalty for
the offence is a term of
imprisonment of at least 3
months;
(ii) an offence of dishonesty,
fraud, or trafficking,
where the maximum
penalty for the offence is
a term of imprisonment of
at least 3 months;
(e) any other matter the
Commissioner thinks relevant.
11
Ambulance Service Amendment Act 2013
Act No. of
s. 5 Part 1 - Preliminary
(2) For the purposes of subsection (1), a
person is found guilty of an offence even
if a conviction is not recorded in respect
of the person being found guilty of the
offence.
3AB. Meaning of paramedic
For the purposes of this Act, a person is a
paramedic if the person is -
(a) an officer of the Ambulance
Service who -
(i) holds -
(A) a prescribed
paramedic
qualification; or
(B) a qualification and
experience that the
Commissioner is
satisfied
demonstrates a
satisfactory level
of understanding
and competence in
the areas of
knowledge
contained within a
qualification
prescribed under
sub-
subparagraph (A);
and
12
Ambulance Service Amendment Act 2013
Act No. of
Part 1 - Preliminary s. 5
(ii) is appointed to a position
determined by the
Commissioner to be a
paramedic position; or
(b) an officer of a prescribed
ambulance service of another
jurisdiction who -
(i) is an officer of the
ambulance service in that
jurisdiction; and
(ii) holds the prescribed
paramedic qualification,
or a qualification and
experience, referred to in
paragraph (a)(i); and
(iii) is approved by the
Commissioner as suitably
qualified to provide
clinical care; and
(iv) is providing clinical care
in accordance with any
protocols specified in the
approval given by the
Commissioner under
subparagraph (iii); or
(c) a prescribed person, or a member
of a prescribed class of persons,
who meets any requirements,
conditions or approvals
prescribed in respect of that
person or class of persons.
13
Ambulance Service Amendment Act 2013
Act No. of
s. 6 Part 1 - Preliminary
6. Section 4 amended (Ambulance Tasmania)
Section 4 of the Principal Act is amended as
follows:
(a) by omitting `"Tasmanian Ambulance
Service"' and substituting `"Ambulance
Tasmania"';
(b) by omitting "Director" and substituting
"Commissioner".
7. Section 5 amended (Appointment and incorporation
of Commissioner of Ambulance Services)
Section 5 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Director" first occurring and
substituting "Commissioner";
(b) by omitting from subsection (1)
`"Director of Ambulance Services"'
second occurring and substituting
`"Commissioner of Ambulance
Services"';
(c) by omitting from subsection (2)
"Director" and substituting
"Commissioner";
(d) by omitting from subsection (4)
"Director" and substituting
"Commissioner";
14
Ambulance Service Amendment Act 2013
Act No. of
Part 1 - Preliminary s. 8
(e) by omitting from subsection (5)
"Director" and substituting
"Commissioner".
8. Section 6 amended (Functions of Commissioner)
Section 6 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Director" and substituting
"Commissioner";
(b) by omitting from subsection (1)(c)
"ambulance organizations and";
(c) by omitting from subsection (1)(f)
"honorary ambulance officers" and
substituting "volunteer ambulance
officers";
(d) by inserting in subsection (1)(h) "other
than non-emergency patient transport
services" after "injury";
(e) by omitting from subsection (2)
"Director" and substituting
"Commissioner";
(f) by omitting from subsection (4)
"Director" and substituting
"Commissioner".
15
Ambulance Service Amendment Act 2013
Act No. of
s. 9 Part 1 - Preliminary
9. Section 7 amended (Powers of Commissioner)
Section 7 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Director" and substituting
"Commissioner";
(b) by inserting the following paragraphs
after paragraph (a) in subsection (1):
(ab) to charge fees -
(i) for the delivery of
services by the
Ambulance Service, other
than ambulance services
or services for which a fee
is prescribed, and to
waive all or part of any
fee charged under this
paragraph on the grounds
of financial hardship or
for any other reason the
Commissioner thinks fit;
and
(ii) to recover any
expenditure made for or
on behalf of another
organisation, if that
expenditure is not already
covered under this Act;
and
16
Ambulance Service Amendment Act 2013
Act No. of
Part 1 - Preliminary s. 9
(ac) to determine the scope of any
services provided under the
authority of this Act; and
(ad) to determine that there is a need
for the Ambulance Service to be
present at an incident, or event, if
the Commissioner believes on
reasonable grounds that the
incident or event may result in a
person requiring ambulance
services; and
(c) by inserting the following subsections
after subsection (1):
(1A) Nothing in subsection (1)(ad)
places an obligation on the
Commissioner to actively
monitor upcoming incidents or
events or potential incidents or
events.
(1B) Without limiting the generality of
subsection (1)(b), the
Commissioner may, under that
subsection, do one or more of the
following actions:
(a) authorise the destruction
of, wholly or partially, or
damage to any premises,
equipment, vehicle or
receptacle;
(b) cause the gas or electricity
supply, motor or any
17
Ambulance Service Amendment Act 2013
Act No. of
s. 10 Part 1 - Preliminary
other source of energy to
any premises, equipment,
vehicle or receptacle to be
shut off or disconnected;
(c) restrict access to a
specified area around the
site where ambulance
services are being
provided.
(d) by omitting from subsection (2)
"Director" and substituting
"Commissioner";
(e) by omitting from subsection (3)
"Director" three times occurring and
substituting "Commissioner";
(f) by omitting from subsection (3)
"Director's" and substituting
"Commissioner's".
10. Section 9 amended (Commissioner subject to
control of Minister)
Section 9 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Director" twice occurring and
substituting "Commissioner";
(b) by omitting from subsection (2)
"Director" twice occurring and
substituting "Commissioner";
18
Ambulance Service Amendment Act 2013
Act No. of
Part 1 - Preliminary s. 11
(c) by omitting from subsection (3)
"Director" and substituting
"Commissioner";
(d) by omitting from subsection (4)(a)
"Director" and substituting
"Commissioner";
(e) by omitting from subsection (4)(b)
"Director" and substituting
"Commissioner";
(f) by omitting from subsection (4)(c)
"Director" twice occurring and
substituting "Commissioner".
11. Section 10 amended (Delegation by Commissioner)
Section 10 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Director" and substituting
"Commissioner";
(b) by omitting from subsection (1) "person"
and substituting "person, or a class of
persons,";
(c) by omitting from subsection (4)
"Director" and substituting
"Commissioner";
(d) by omitting from subsection (5)
"Director" twice occurring and
substituting "Commissioner";
19
Ambulance Service Amendment Act 2013
Act No. of
s. 12 Part 1 - Preliminary
(e) by omitting from subsection (6)
"Director" three times occurring and
substituting "Commissioner".
12. Section 14 amended (Officers of Ambulance
Service)
Section 14(2) of the Principal Act is amended by
omitting "Director" and substituting
"Commissioner".
13. Sections 14A and 14B inserted
After section 14 of the Principal Act, the
following sections are inserted in Part II:
14A. Powers of entry by officer of Ambulance
Service
(1) An officer of the Ambulance Service
may enter any land, premises or vehicle
if the officer has reasonable grounds for
believing that a person in or on the land,
premises or vehicle requires urgent
ambulance services.
(2) An officer of the Ambulance Service
authorised to enter land, premises or a
vehicle under subsection (1) -
(a) must, before entering the land,
premises or vehicle, produce
identification as such an officer;
and
20
Ambulance Service Amendment Act 2013
Act No. of
Part 1 - Preliminary s. 13
(b) may use such force as is
reasonably necessary for the
officer and his or her equipment
to have safe entry to the land,
premises or vehicle; and
(c) may take with him or her such
other person as the officer
considers necessary to effect the
purpose for which entry is made.
(3) Subsection (2)(a) does not apply if the
officer of the Ambulance Service is
dressed in a uniform bearing the
authorised insignia of the Ambulance
Service.
14B. Powers of officer of Ambulance Service at
scene
(1) If -
(a) more than one statutory service is
in attendance at an incident; and
(b) an officer of the Ambulance
Service is providing ambulance
services at the incident -
the senior officer in attendance for the
Ambulance Service has primary
responsibility for the care and welfare of
any person being provided ambulance
services.
(2) To ensure the care and welfare of any
person being provided ambulance
21
Ambulance Service Amendment Act 2013
Act No. of
s. 13 Part 1 - Preliminary
services at an incident referred to in
subsection (1) -
(a) the senior officer in attendance
for the Ambulance Service may
recommend to another statutory
service the priority of, or
preference for, any activity
performed by that statutory
service at the incident, if that
activity may impact on the care
and welfare of a person being
provided ambulance services at
the incident; and
(b) the senior officer in attendance
for the statutory service that is the
subject of the recommendation is
to provide reasonable grounds, to
the senior officer in attendance
for the Ambulance Service at the
time of the incident, for failing to
comply with any
recommendation made under
paragraph (a).
(3) In this section -
senior officer in attendance, in
relation to an incident, means the
most senior officer that is in
attendance, for the relevant
statutory service, at the scene of
the incident;
22
Ambulance Service Amendment Act 2013
Act No. of
Part 1 - Preliminary s. 14
statutory service has the same
meaning as in the Emergency
Management Act 2006.
14. Section 15 amended (Staff of Commissioner)
Section 15 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Director" and substituting
"Commissioner";
(b) by omitting from subsection (2)
"Director" twice occurring and
substituting "Commissioner".
15. Section 16 amended (Volunteer ambulance officers)
Section 16 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Director" and substituting
"Commissioner";
(b) by omitting from subsection (1)
"honorary ambulance officers" and
substituting "volunteer ambulance
officers";
(c) by omitting from subsection (2) "An
honorary" and substituting "A
volunteer";
23
Ambulance Service Amendment Act 2013
Act No. of
s. 16 Part 1 - Preliminary
(d) by omitting from subsection (2)(a)
"Director" and substituting
"Commissioner";
(e) by omitting from subsection (2)(b)
"Director" and substituting
"Commissioner".
16. Sections 19, 20 and 20A inserted
After section 18 of the Principal Act, the
following sections are inserted in Part II:
19. Authorised officers
(1) The Commissioner, in writing, may
authorise a person, or any member of a
class of persons, to be an authorised
officer.
(2) An authorisation may be limited -
(a) to the performance or exercise of
the functions or powers specified
in the authorisation; or
(b) in any other way specified in the
authorisation.
(3) On authorising a person as an authorised
officer under subsection (1), the
Commissioner must ensure that the
authorised officer is issued with an
identity card that bears a recent
photograph of the authorised officer.
24
Ambulance Service Amendment Act 2013
Act No. of
Part 1 - Preliminary s. 16
(4) An authorised officer must produce his
or her identity card for inspection -
(a) before exercising a power, or
performing a function, under this
Act or the regulations if it is
practicable to do so; and
(b) at any time during the exercise of
such a power, or the performance
of such a function, as soon as
practicable after being asked to
do so.
20. Powers of authorised officers
(1) Subject to this Act and without limiting
the functions and powers that may be
authorised under section 19, an
authorised officer may, at any reasonable
time and for the purposes of this Act, be
authorised under section 19 to do one or
more of the following:
(a) inspect and search any premises,
vehicles, machinery or equipment
used for the purposes of this Act;
(b) take photographs, films, or video
or audio recordings, or make a
record in any other manner or by
any other means;
(c) require a person, who the officer
reasonably believes has
committed, is committing or is
about to commit an offence
25
Ambulance Service Amendment Act 2013
Act No. of
s. 16 Part 1 - Preliminary
against this Act, to state the
person's full name and usual
place of residence;
(d) require a person holding or
required to hold a licence under
this Act to produce the licence for
inspection;
(e) stop or detain a vehicle, or cause
a vehicle to be stopped or
detained, if the authorised officer
believes on reasonable grounds
that the vehicle is being or is
likely to be used to provide
ambulance services;
(f) seize, examine or take copies of,
or extracts from, documents;
(g) seize any equipment, other than a
vehicle, that the authorised
officer is satisfied should be
seized in the interests of public
safety;
(h) require a person to produce a
document which may relate to, or
contain evidence of, an offence
under this Act.
(2) An authorised officer may enter and
search any premises or vehicle if the
authorised officer believes on reasonable
grounds that the entry and search is
necessary in order to confirm -
26
Ambulance Service Amendment Act 2013
Act No. of
Part 1 - Preliminary s. 16
(a) whether this Act is being
complied with; or
(b) whether any condition on a
licence under this Act is being
complied with.
(3) An authorised officer may enter premises
or a vehicle under subsection (2) at any
time.
20A. Authorised insignia, &c.
(1) The Commissioner may authorise the
insignia to be adopted for use by all or
part of the Ambulance Service.
(2) A person must not, without the
permission of the Commissioner,
manufacture or sell -
(a) authorised insignia; or
(b) insignia that is reasonably
capable of being mistaken as
authorised insignia.
Penalty: Fine not exceeding 100 penalty
units and, in the case of a
continuing offence, a further fine
not exceeding 10 penalty units for
each day during which the
offence continues.
(3) A person must not, for any purpose that
is not authorised by the Commissioner,
use -
27
Ambulance Service Amendment Act 2013
Act No. of
s. 17 Part 1 - Preliminary
(a) authorised insignia; or
(b) insignia that is reasonably
capable of being mistaken as
authorised insignia.
Penalty: Fine not exceeding 100 penalty
units and, in the case of a
continuing offence, a further fine
not exceeding 10 penalty units for
each day during which the
offence continues.
17. Part III: Heading amended
Part III of the Principal Act is amended by
omitting "FINANCES OF DIRECTOR" from
the heading to that Part and substituting
"FINANCES OF COMMISSIONER".
18. Section 21 amended (Funds of Commissioner)
Section 21 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Director" first occurring and
substituting "Commissioner";
(b) by omitting from subsection (1)(b)
"Director" three times occurring and
substituting "Commissioner";
(c) by omitting from subsection (1)(d)
"Director" and substituting
"Commissioner";
28
Ambulance Service Amendment Act 2013
Act No. of
Part 1 - Preliminary s. 19
(d) by omitting from subsection (1)(e)
"Director" and substituting
"Commissioner";
(e) by omitting from subsection (2)
"Director" first occurring and
substituting "Commissioner";
(f) by omitting from subsection (2)(a)
"Director" and substituting
"Commissioner".
19. Section 22 amended (Authorised deposit-taking
institution accounts)
Section 22 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Director" and substituting
"Commissioner";
(b) by omitting from subsection (2)
"Director" twice occurring and
substituting "Commissioner".
20. Section 23 amended (Accounts and records)
Section 23 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Director" three times occurring and
substituting "Commissioner";
29
Ambulance Service Amendment Act 2013
Act No. of
s. 21 Part 1 - Preliminary
(b) by omitting from subsection (3)
"Director" four times occurring and
substituting "Commissioner";
(c) by omitting from subsection (4)
"Director" and substituting
"Commissioner".
21. Section 25 amended (Temporary accommodation)
Section 25 of the Principal Act is amended by
omitting "Director" three times occurring and
substituting "Commissioner".
22. Section 26 amended (Expenditure outside Act)
Section 26 of the Principal Act is amended as
follows:
(a) by omitting "Director" twice occurring
and substituting "Commissioner";
(b) by omitting "regulations made under this
Act," and substituting "the regulations,".
23. Section 27 amended (Annual estimate of
expenditure and revenue)
Section 27 of the Principal Act is amended by
omitting "Director" twice occurring and
substituting "Commissioner".
30
Ambulance Service Amendment Act 2013
Act No. of
Part 1 - Preliminary s. 24
24. Section 35 amended (Amount payable by
Treasurer)
Section 35(1) of the Principal Act is amended by
omitting "Director" and substituting
"Commissioner".
25. Part IIIA inserted
After section 35 of the Principal Act, the
following Part is inserted:
PART IIIA - NON-EMERGENCY PATIENT
TRANSPORT
35A. Application for NEPT licence
(1) A person may apply to the Commissioner
for a licence to provide non-emergency
patient transport services.
(2) An application under subsection (1) -
(a) must be in a form approved by
the Commissioner; and
(b) must be accompanied by the
prescribed fee.
(3) The Commissioner may -
(a) require the applicant to provide
such information as the
Commissioner considers
necessary in order to determine
the application; and
31
Ambulance Service Amendment Act 2013
Act No. of
s. 25 Part 1 - Preliminary
(b) if the Commissioner has required
further information under
paragraph (a), refuse to consider
the application until the
information requested has been
provided.
35B. Determining application for NEPT licence
(1) The Commissioner must not grant a
licence to provide non-emergency patient
transport services unless satisfied that -
(a) if the applicant is a natural
person, the applicant is a fit and
proper person; or
(b) if the applicant is a body
corporate, the chief executive
officer and each director of the
body corporate is a fit and proper
person.
(2) In determining an application under
section 35A, the Commissioner may
consider the suitability of the following:
(a) the equipment and vehicles
intended to provide the non-
emergency patient transport
services;
(b) the intended operating
arrangements for staff of the
NEPT Service and whether such
32
Ambulance Service Amendment Act 2013
Act No. of
Part 1 - Preliminary s. 25
arrangements comply with this
Act;
(c) the intended arrangements for
maintaining or improving the
quality of the non-emergency
patient transport services to be
provided;
(d) the evaluation and monitoring
processes intended to be in place
in respect of the NEPT Service;
(e) any other matter or information
the Commissioner thinks
relevant.
35C. Determination of application
(1) After considering the matters referred to
in section 35B, the Commissioner is to -
(a) grant an application under
section 35A; or
(b) refuse to grant the application.
(2) On refusing to grant an application under
section 35A, the Commissioner is to
notify the applicant in writing of that
refusal and the reasons for the refusal.
35D. Issue of NEPT licence
(1) The Commissioner is to issue an NEPT
licence, subject to any conditions the
33
Ambulance Service Amendment Act 2013
Act No. of
s. 25 Part 1 - Preliminary
Commissioner thinks fit, to an applicant
on payment of any prescribed licence fee
if the Commissioner -
(a) grants an application for an
NEPT licence; or
(b) varies an NEPT licence; or
(c) renews an NEPT licence.
(2) An NEPT licence is to be in a form
approved by the Commissioner and is to
contain the following particulars:
(a) the name and address of the
holder of the licence;
(b) the non-emergency patient
transport services that may be
provided under the licence;
(c) the conditions to which the
licence is subject other than
conditions specified in this Act or
prescribed in the regulations;
(d) the date on which the licence
expires, being a date that is not
more than 2 years from the issue
of the licence;
(e) any other prescribed particular.
(3) An NEPT licence takes effect on the day
it is issued or such other day as may be
specified in the licence.
34
Ambulance Service Amendment Act 2013
Act No. of
Part 1 - Preliminary s. 25
35E. Authority of NEPT licence
(1) An NEPT licence authorises the person
to whom it is issued to provide, in
accordance with the licence, the non-
emergency patient transport services
specified in the licence.
(2) An NEPT licence is not transferrable to
any other person or organisation except
in accordance with section 35O.
35F. NEPT licence subject to conditions
(1) An NEPT licence is subject to any
conditions -
(a) specified in this Act or prescribed
in the regulations; and
(b) that the Commissioner has
specified in respect of the licence.
(2) The holder of an NEPT licence must
comply with the conditions to which the
licence is subject.
Penalty: Fine not exceeding 100 penalty
units and, in the case of a
continuing offence, a further fine
not exceeding 10 penalty units for
each day during which the
offence continues.
35
Ambulance Service Amendment Act 2013
Act No. of
s. 25 Part 1 - Preliminary
35G. Renewal of NEPT licence
(1) Not less than 3 months before the expiry
day of an NEPT licence, the holder of the
NEPT licence may apply to the
Commissioner for a renewal of the
licence.
(2) An application under subsection (1) -
(a) is to be in a form approved by the
Commissioner; and
(b) must be accompanied by the
prescribed fee.
(3) If an application under subsection (1) is
made less than 3 months before the
NEPT licence expires -
(a) the application is to also be
accompanied by the prescribed
late fee; and
(b) the Commissioner may refuse to
accept the application.
(4) The Commissioner may renew an NEPT
licence if the Commissioner is satisfied
that -
(a) the holder of the licence is a fit
and proper person; and
(b) the quality of the non-emergency
patient transport services
provided under the licence is
satisfactory; and
36
Ambulance Service Amendment Act 2013
Act No. of
Part 1 - Preliminary s. 25
(c) the non-emergency patient
transport services provided under
the licence comply with this Act,
the regulations and any other law
relating to, or affecting the
operation of, the relevant NEPT
Service; and
(d) the conditions of the NEPT
licence have been complied with.
(5) If an NEPT licence is renewed under this
section -
(a) the Commissioner is to reissue a
licence under section 35D with
the new date on which the licence
expires; and
(b) the renewal takes effect on -
(i) if the NEPT licence is
renewed on or before the
expiry day, the day
immediately following the
expiry day; or
(ii) if the NEPT licence is
renewed after the expiry
day, the day the applicant
is notified that the licence
has been renewed.
(6) If an application for the renewal of an
NEPT licence is made in accordance
with this section but the licence is not
renewed before the expiry day, the
37
Ambulance Service Amendment Act 2013
Act No. of
s. 25 Part 1 - Preliminary
unrenewed licence continues to have
effect -
(a) if the Commissioner has not
determined the application before
the expiry day, until -
(i) the Commissioner renews
the licence under this
section and the renewal
takes effect; or
(ii) 7 days after the holder of
the licence receives
written notification from
the Commissioner that the
licence is not to be
renewed; or
(b) if the Commissioner, before the
expiry day, refuses to renew the
licence, until whichever of the
following last occurs:
(i) the expiry day;
(ii) 7 days after the holder of
the licence receives
written notification from
the Commissioner that the
licence is not to be
renewed.
(7) If the Commissioner refuses to renew an
NEPT licence, the Commissioner is to
notify the holder of the NEPT licence of
that refusal and the reasons why the
38
Ambulance Service Amendment Act 2013
Act No. of
Part 1 - Preliminary s. 25
Commissioner refused to renew the
licence.
(8) In this section -
expiry day means the day on which an
NEPT licence would expire if no
application for its renewal were
made.
35H. Variation of NEPT licence
(1) The Commissioner may, either on the
application of the holder of an NEPT
licence or on the Commissioner's own
initiative -
(a) vary an NEPT licence, including
varying the licence to impose, or
revoke, a condition on the
licence, other than a condition
imposed by this Act or prescribed
in the regulations; or
(b) vary a condition on an NEPT
licence, other than a condition
imposed by this Act or prescribed
in the regulations.
(2) If the holder of an NEPT licence applies
under subsection (1) for a variation of the
NEPT licence, the application -
(a) is to be in a form approved by the
Commissioner; and
39
Ambulance Service Amendment Act 2013
Act No. of
s. 25 Part 1 - Preliminary
(b) must be accompanied by the
prescribed fee.
(3) If the Commissioner intends to vary an
NEPT licence or a condition on an NEPT
licence under subsection (1) on the
Commissioner's own initiative, the
Commissioner -
(a) is to notify the holder of the
NEPT licence in writing of the
proposed variation; and
(b) is to specify in the written notice
a period of time, of not less than
14 days, in which the holder of
the NEPT licence may make
submissions in respect of the
variation.
(4) The Commissioner must not vary an
NEPT licence, or a condition on an
NEPT licence, under subsection (1)
unless the Commissioner -
(a) has considered the matters
specified in section 35B(2) in
respect of the variation and the
licence generally; and
(b) is satisfied that the variation will
not negatively affect the quality
of the non-emergency patient
transport services provided, or to
be provided, under the licence.
40
Ambulance Service Amendment Act 2013
Act No. of
Part 1 - Preliminary s. 25
(5) If an NEPT licence, or a condition of an
NEPT licence, is varied under this
section -
(a) the Commissioner is to -
(i) notify the holder of the
NEPT licence in writing
of the variation; and
(ii) reissue the NEPT licence
under section 35D to the
holder of the NEPT
licence; and
(b) the variation takes effect on the
date specified in the notice.
(6) If the Commissioner refuses an
application under subsection (1) to vary
an NEPT licence, or a condition of an
NEPT licence, the Commissioner is to
notify the holder of the NEPT licence of
that refusal and the reasons why the
Commissioner refused to vary the licence
or condition.
35I. Issue of replacement NEPT licence
The Commissioner must issue a
replacement NEPT licence if -
(a) satisfied that the NEPT licence
has been lost, destroyed or badly
damaged or defaced; and
41
Ambulance Service Amendment Act 2013
Act No. of
s. 25 Part 1 - Preliminary
(b) any prescribed fee for the
replacement has been paid.
35J. Surrender of NEPT licence
The holder of an NEPT licence may
surrender the licence to the
Commissioner by causing the licence to
be delivered to the Commissioner during
business hours.
35K. Suspension and cancellation of NEPT licence
(1) The Commissioner may cancel or
suspend an NEPT licence at any time if
the Commissioner believes on reasonable
grounds that -
(a) if the holder of the NEPT licence
is a natural person, the holder of
the licence is not a fit and proper
person; or
(b) if the holder of the NEPT licence
is a body corporate, the chief
executive officer or a director of
the body corporate is not a fit and
proper person; or
(c) the health or safety of staff,
patients, or clients of the holder
of the NEPT licence is at risk; or
(d) the holder of the NEPT licence -
42
Ambulance Service Amendment Act 2013
Act No. of
Part 1 - Preliminary s. 25
(i) has failed to carry on the
non-emergency patient
transport services
authorised under the
NEPT licence in
accordance with this Act,
the regulations or the
licence; or
(ii) is unlikely to carry on the
non-emergency patient
transport services
authorised under the
NEPT licence in
accordance with this Act,
the regulations or the
licence; or
(e) the holder of the NEPT licence
has been found guilty of an
offence against this Act or the
regulations.
(2) In deciding under subsection (1) whether
cancellation or suspension is the more
appropriate course of action in the
circumstances, the Commissioner is to
regard public safety, rather than the
rights and convenience of the holder of
the NEPT licence, as being the
paramount consideration.
(3) The Commissioner is to notify the holder
of the NEPT licence in writing that the
Commissioner intends to suspend or
cancel the licence.
43
Ambulance Service Amendment Act 2013
Act No. of
s. 25 Part 1 - Preliminary
(4) A notice under subsection (3) must -
(a) state when the suspension or
cancellation takes effect; and
(b) state that the Commissioner is
satisfied that there are grounds
for cancelling the licence and set
out those grounds; and
(c) state that the holder of the licence
may make written submissions to
the Commissioner in respect of
the suspension or proposed
cancellation within the period
specified in the notice; and
(d) in the case of a suspension, state
the period of the suspension and
any conditions that must be met
before the Commissioner will
consider revoking the suspension.
(5) A suspension of an NEPT licence under
this section -
(a) may be for an indefinite period;
and
(b) may be revoked by the
Commissioner at any time.
(6) The Commissioner is to consult the
holder of an NEPT licence before
cancelling or suspending the licence,
unless the Commissioner considers that
the cancellation or suspension should be
44
Ambulance Service Amendment Act 2013
Act No. of
Part 1 - Preliminary s. 25
effected urgently in in the interests of
public safety.
(7) A suspended NEPT licence is of no
effect during the period of suspension.
35L. When NEPT licence ceases to have effect
An NEPT licence ceases to have effect -
(a) if the licence is cancelled, on the
day on which the cancellation
takes effect; or
(b) if the licence is surrendered, on
the day on which it is
surrendered; or
(c) if the licence is not cancelled or
surrendered -
(i) on the day on which the
licence expires, unless it
is renewed for a period
under section 35G; or
(ii) at the end of that period if
it is so renewed.
35M. Notification of changes
(1) If the holder of an NEPT licence is a
body corporate, the body corporate must
notify the Commissioner in writing -
45
Ambulance Service Amendment Act 2013
Act No. of
s. 25 Part 1 - Preliminary
(a) in accordance with
subsection (2), if a person ceases
to be, or is appointed as, the chief
executive officer or a director of
the body corporate; and
(b) within 30 days after the change
occurs.
Penalty: Fine not exceeding 50 penalty
units and, in the case of a
continuing offence, a further fine
not exceeding 5 penalty units for
each day during which the
offence continues.
(2) A written notice under subsection (1) is
to include, as the case requires -
(a) the name and address of the
person who has ceased to hold, or
has been appointed to, a position
within the body corporate; and
(b) the position which the person has
ceased to hold or has been
appointed to.
35N. Production of documents or vehicles for
inspection
(1) For the purpose of monitoring
compliance under this Act, the
regulations or an NEPT licence, an
authorised officer may require the holder
46
Ambulance Service Amendment Act 2013
Act No. of
Part 1 - Preliminary s. 25
of an NEPT licence, at a time and place
specified by the authorised officer, to -
(a) produce for inspection any
vehicles used to provide non-
emergency patient transport
services under the licence; or
(b) produce for inspection any
documents required to be kept in
respect of an NEPT Service by
the holder of an NEPT licence
under this Act or any other Act.
(2) A person is not excused from complying
with a requirement of an authorised
officer under subsection (1) on the
ground that to do so may result in
information being provided that might
incriminate the person.
(3) Any information obtained as a
consequence of an inspection under
subsection (1) is not admissible in
evidence against the person, who
produced the vehicle or document for
inspection, in criminal proceedings other
than in proceedings in respect of the
provision of false information, unless the
information is contained in a document
that -
(a) the person is required to keep by
any law; or
47
Ambulance Service Amendment Act 2013
Act No. of
s. 25 Part 1 - Preliminary
(b) the holder of an NEPT licence is
required to keep under any law;
or
(c) was obtained without the direct
assistance of the person.
(4) For the purposes of subsection (3)(c), a
person provides direct assistance to
obtain a document if the person
identifies, reveals the location of, or
explains the content of, the document.
(5) For the avoidance of doubt, an authorised
officer may use any power authorised
under section 19, or specified in
section 20, in relation to -
(a) any vehicle or document
produced under this section; or
(b) any person who produces such a
vehicle or document.
35O. Death of holder of NEPT licence
(1) If the holder of an NEPT licence dies, a
person who is, or persons who are, the
legal representative of the estate of the
holder of the NEPT licence may apply to
the Commission, within 28 days after the
death of the person or such longer period
as the Commissioner allows, to carry on
the NEPT Service being operated under
the licence until the expiration of the
period of 3 months after the death.
48
Ambulance Service Amendment Act 2013
Act No. of
Part 1 - Preliminary s. 26
(2) The Commissioner must grant an
application under subsection (1) unless
the Commissioner is not satisfied that the
applicant is a fit and proper person.
(3) If the Commissioner grants an
application under this section, the
Commissioner is to issue the applicant
with an NEPT licence under section 35D.
35P. Review of decisions
A person who is aggrieved by a decision
of the Commissioner under this Part may
apply to the Magistrates Court
(Administrative Appeals Division) for a
review of that decision.
26. Section 36 amended (Fees for ambulance services)
Section 36 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Director" twice occurring and
substituting "Commissioner";
(b) by omitting from subsection (1) "under
this Act";
(c) by inserting the following subsections
after subsection (1A):
(1B) Where any ambulance services
are provided in the following
circumstances by the
49
Ambulance Service Amendment Act 2013
Act No. of
s. 26 Part 1 - Preliminary
Commissioner, a fee determined
in accordance with the scale of
fees prescribed in the regulations,
or as agreed to with the
Commissioner, is payable to the
Commissioner -
(a) if the provision of
ambulance services is
requested by the
Commonwealth, another
State Service Agency, a
Government Business
Enterprise or State
Authority to discharge
functions or powers not
normally discharged by
the Ambulance Service -
by the Commonwealth or
that State Service Agency,
Government Business
Enterprise or State
Authority;
(b) if the provision of
ambulance services is to a
person whose principal
place of residence is in
another jurisdiction, by
the person to whom the
ambulance services are
provided;
(c) in any other prescribed
circumstances, by the
50
Ambulance Service Amendment Act 2013
Act No. of
Part 1 - Preliminary s. 26
person prescribed for
those circumstances.
(1C) If the Commissioner determines,
under section 7(1)(ad), that there
is a need for the Ambulance
Service to be present at an
incident or event -
(a) a fee determined in
accordance with the scale
of fees prescribed in the
regulations is payable to
the Commissioner for the
incident or event; and
(b) the person whom the
Commissioner determines
to be the organiser of that
incident or event is to
ensure that the fee is paid,
if such an organiser
exists.
(d) by omitting from subsection (2) "under
this Act";
(e) by omitting from subsection (2)
"Director" and substituting
"Commissioner";
(f) by omitting from subsection (2B)
"Director" first occurring and
substituting "Commissioner";
51
Ambulance Service Amendment Act 2013
Act No. of
s. 27 Part 1 - Preliminary
(g) by omitting from subsection (2B)(b)
"Director" and substituting
"Commissioner";
(h) by omitting from subsection (3)
"Director" and substituting
"Commissioner";
(i) by omitting from subsection (5)
"Director" and substituting
"Commissioner";
(j) by omitting from subsection (5) "nursing
home" three times occurring and
substituting "residential aged care
facility".
27. Section 36A amended (Quality assurance
committees)
Section 36A of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Director" and substituting
"Commissioner";
(b) by omitting from subsection (2)(a)
"Director" and substituting
"Commissioner";
(c) by omitting from subsection (2)(b)
"Director" and substituting
"Commissioner".
52
Ambulance Service Amendment Act 2013
Act No. of
Part 1 - Preliminary s. 28
28. Section 37 amended (Unauthorized provision of
ambulance services)
Section 37 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Director" three times occurring and
substituting "Commissioner";
(b) by omitting from subsection (2)
"Director" and substituting
"Commissioner".
29. Sections 37A and 37B inserted
After section 37 of the Principal Act, the
following sections are inserted in Part IV:
37A. Unauthorized provision of non-emergency
patient transport services
(1) A person must not provide non-
emergency patient transport services
unless the person -
(a) holds an NEPT licence; or
(b) is providing the service as part of
the Ambulance Service.
Penalty: Fine not exceeding 200 penalty
units and, in the case of a
continuing offence, a further fine
not exceeding 20 penalty units for
each day during which the
offence continues.
53
Ambulance Service Amendment Act 2013
Act No. of
s. 30 Part 1 - Preliminary
(2) Subsection (1) does not apply to a person
if the person is a person, or a member of
a class of persons, prescribed as exempt
from the application of this section.
37B. Representation of person as licensed NEPT
Service
A person who is not the holder of an
NEPT licence must not -
(a) claim, or imply, that he or she is
the holder of an NEPT licence; or
(b) hold himself or herself out to be
the holder of an NEPT licence.
Penalty: Fine not exceeding 200 penalty
units and, in the case of a
continuing offence, a further fine
not exceeding 20 penalty units for
each day during which the
offence continues.
30. Section 38 amended (Assistance to existing
ambulance services)
Section 38 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Director" twice occurring and
substituting "Commissioner";
(b) by omitting from subsection (2)
"Director" first occurring and
substituting "Commissioner";
54
Ambulance Service Amendment Act 2013
Act No. of
Part 1 - Preliminary s. 31
(c) by omitting from subsection (2)(a)
"Director" and substituting
"Commissioner";
(d) by omitting from subsection (3)
"Director" and substituting
"Commissioner".
31. Section 39 substituted
Section 39 of the Principal Act is repealed and
the following sections are substituted:
38A. Interstate ambulance services and interstate
officers
(1) The Commissioner may make an
arrangement, with any agency which
manages or controls an interstate service,
for the interstate service -
(a) to provide equipment to be used
to provide ambulance services in
this State; and
(b) to provide personnel to provide
ambulance services in this State.
(2) A vehicle from an interstate service
which provides ambulance services in
accordance with an interstate
arrangement is taken to be an ambulance
while providing those services.
(3) For the avoidance of doubt -
55
Ambulance Service Amendment Act 2013
Act No. of
s. 31 Part 1 - Preliminary
(a) an interstate service may only
provide ambulance services in
this State under this Act if the
interstate service is providing
those ambulance services in
accordance with an interstate
arrangement; and
(b) a person from an interstate
service who is providing
ambulance services in accordance
with an interstate arrangement is
subject to the direction of the
Commissioner, or the most senior
officer of the Ambulance Service
who is present at the scene where
the ambulance services are being
provided, while providing those
services.
(4) In this section -
interstate arrangement means an
arrangement under
subsection (1);
interstate service means a service
established and operating in
another State, a Territory or the
Commonwealth that is prescribed
for the purposes of this definition.
39. Representation of vehicles as ambulances,
&c.
(1) Unless authorised by the Commissioner,
a person must not drive, operate or have
56
Ambulance Service Amendment Act 2013
Act No. of
Part 1 - Preliminary s. 31
charge of, or allow another person to
drive, operate or have charge of, a
vehicle, other than an ambulance, that
is -
(a) marked with the word
"ambulance"; or
(b) otherwise marked or altered, or
bears any inscription -
so as to imply, or lead to the belief, that
the vehicle is an ambulance capable of
providing ambulance services.
Penalty: Fine not exceeding 100 penalty
units.
(2) A person must not drive, operate or have
charge of, or allow another person to
drive, operate or have charge of, a
vehicle that is -
(a) marked with the word
"paramedic"; or
(b) otherwise marked or altered so as
to imply, or bears any inscription
that may lead to the belief, that
the vehicle is operated by a
paramedic -
unless the vehicle is staffed and operated
by a paramedic.
Penalty: Fine not exceeding 100 penalty
units.
57
Ambulance Service Amendment Act 2013
Act No. of
s. 31 Part 1 - Preliminary
39A. Representation of person as paramedic
(1) A person, other than a paramedic, must
not present himself or herself in such a
manner as to imply, or lead to the belief,
that the person is a paramedic capable of
providing ambulance services.
Penalty: Fine not exceeding 100 penalty
units.
(2) Unless otherwise authorised by the
Commissioner, a person must not present
his or her business in such a manner as to
imply, or lead to the belief, that the
business is staffed or operated by
paramedics.
Penalty: Fine not exceeding 100 penalty
units.
39B. Offences
(1) A person must not directly or indirectly
resist, impede, obstruct or intentionally
assault -
(a) the Commissioner; or
(b) a person who is providing
ambulance services, or is
otherwise performing a function
or exercising a power, under this
Act; or
(c) an authorised officer, or a
paramedic, who is performing a
58
Ambulance Service Amendment Act 2013
Act No. of
Part 1 - Preliminary s. 31
function, or exercising a power,
under this Act.
Penalty: Fine not exceeding 100 penalty
units or imprisonment for a term
not exceeding 3 months, or both.
(2) A person must not use threatening,
abusive or insulting language to -
(a) the Commissioner; or
(b) a person who is providing
ambulance services, or is
otherwise performing a function
or exercising a power, under this
Act; or
(c) an authorised officer, or a
paramedic, who is performing a
function, or exercising a power,
under this Act.
Penalty: Fine not exceeding 100 penalty
units or imprisonment for a term
not exceeding 3 months, or both.
(3) A person must comply with a lawful
requirement or direction made by -
(a) the Commissioner; or
(b) a person who is providing
ambulance services, or is
otherwise performing a function
or exercising a power, under this
Act; or
59
Ambulance Service Amendment Act 2013
Act No. of
s. 31 Part 1 - Preliminary
(c) an authorised officer who is
performing a function, or
exercising a power, under this
Act.
Penalty: Fine not exceeding 100 penalty
units or imprisonment for a term
not exceeding 3 months, or both.
(4) A person must not knowingly provide
false or misleading information to -
(a) the Commissioner; or
(b) a person who is providing
ambulance services, or is
otherwise performing a function
or exercising a power, under this
Act; or
(c) an authorised officer who is
performing a function, or
exercising a power, under this
Act.
Penalty: Fine not exceeding 100 penalty
units or imprisonment for a term
not exceeding 3 months, or both.
(5) A person must not impersonate -
(a) the Commissioner; or
(b) an officer of the Ambulance
Service who is providing
ambulance services, or is
otherwise performing a function
60
Ambulance Service Amendment Act 2013
Act No. of
Part 1 - Preliminary s. 31
or exercising a power, under this
Act; or
(c) an authorised officer, or a
paramedic, who is performing a
function, or exercising a power,
under this Act.
Penalty: Fine not exceeding 100 penalty
units or imprisonment for a term
not exceeding 3 months, or both.
39C. Offences generally
(1) Proceedings for an offence under this Act
may be commenced -
(a) by the Commissioner, an
authorised officer, a police
officer, or any person authorised
by the Commissioner to do so;
and
(b) for and on behalf of the
Commissioner.
(2) A police officer may arrest without
warrant any person committing an
offence against section 39B(1) or (2).
(3) If in any proceedings for an offence
under this Act it is necessary to establish
the state of mind of a body corporate in
relation to particular conduct, it is
sufficient to show that -
61
Ambulance Service Amendment Act 2013
Act No. of
s. 32 Part 1 - Preliminary
(a) the conduct was engaged in by an
officer or agent of the body
corporate within the scope of his
or her actual or apparent
authority; and
(b) the officer or agent had that state
of mind in relation to the conduct.
32. Section 40 amended (False ambulance calls)
Section 40 of the Principal Act is amended as
follows:
(a) by omitting subsection (1) and
substituting the following subsection:
(1) A person must not cause an
ambulance to attend at any place
by any false pretence.
Penalty: Fine not exceeding 100
penalty units or
imprisonment for a term
not exceeding 12 months,
or both.
(b) by omitting from subsection (2) "a motor
vehicle provided by the Director" and
substituting "an ambulance";
(c) by omitting from subsection (2)
"Director" second occurring and
substituting "Commissioner";
62
Ambulance Service Amendment Act 2013
Act No. of
Part 1 - Preliminary s. 33
(d) by omitting from subsection (2) "a motor
vehicle" second occurring and
substituting "the ambulance";
(e) by inserting the following subsection
after subsection (2):
(3) Unless the court otherwise
specifies, an amount payable
under an order referred to in
subsection (2) is payable to the
Commissioner.
33. Section 40A amended (Provisions relating to
employment)
Section 40A of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Director" and substituting
"Commissioner";
(b) by omitting from subsection (1)
"Director's" and substituting
"Commissioner's";
(c) by omitting from subsection (2) "Board"
and substituting "Crown".
34. Sections 41, 41A and 41B inserted
After section 40A of the Principal Act, the
following sections are inserted in Part IV:
63
Ambulance Service Amendment Act 2013
Act No. of
s. 34 Part 1 - Preliminary
41. Protection from liability
(1) An officer of the Ambulance Service, or
a volunteer ambulance officer acting
under the authority of this Act, does not
incur any civil or criminal liability in
respect of any act done or omitted to be
done by the person in good faith -
(a) in providing ambulance services
or a prescribed activity; or
(b) in the performance or exercise, or
the purported performance or
exercise, of any function or
power under this Act; or
(c) in the administration or
execution, or the purported
administration or execution, of
this Act.
(2) Subsection (1) does not apply to the
provision of non-emergency patient
transport services unless those services
are provided by an officer of the
Ambulance Service while he or she is
operating in that capacity.
41A. Protection of employment rights
A person who is absent from his or her
place of employment for the purpose of
providing ambulance services is not
liable for dismissal or loss of long service
leave, sick leave or other benefits to
which he or she may be entitled under
64
Ambulance Service Amendment Act 2013
Act No. of
Part 1 - Preliminary s. 34
any industrial award or agreement or
under any law by reason only of that
absence if -
(a) the person is a member of, or has
member-like status within, the
Ambulance Service and -
(i) was requested by the
Commissioner, or on
behalf of the
Commissioner, to provide
the ambulance services;
or
(ii) if no such request was
made, but it would be
reasonable in the
circumstances to expect
such a request - is
responding as if such a
request had been made;
and
(b) the person takes leave from his or
her employment, whether paid or
unpaid, for the duration of the
absence.
41B. Infringement notices
(1) An officer of the Ambulance Service
authorised under section 19 to issue
infringement notices, or a police officer,
may issue and serve an infringement
notice on a person if the officer
65
Ambulance Service Amendment Act 2013
Act No. of
s. 35 Part 1 - Preliminary
reasonably believes that the person has
committed an infringement offence.
(2) An infringement notice may not be
served on an individual who has not
attained the age of 16 years.
(3) An infringement notice -
(a) is to be in accordance with
section 14 of the Monetary
Penalties Enforcement Act 2005;
and
(b) is not to relate to more than 3
offences.
(4) The regulations -
(a) may prescribe, for infringement
offences, the penalties payable
under infringement notices; and
(b) may prescribe different penalties
for bodies corporate and
individuals.
(5) In this section -
infringement offence means an
offence against this Act, or the
regulations, that is prescribed by
the regulations to be an
infringement offence.
66
Ambulance Service Amendment Act 2013
Act No. of
Part 1 - Preliminary s. 35
35. Section 42 amended (Regulations)
Section 42 of the Principal Act is amended as
follows:
(a) by omitting paragraphs (a) and (b) from
subsection (2) and substituting the
following paragraph:
(a) prescribe a scale of fees payable,
or a means for calculating fees
payable, in respect of -
(i) ambulance services
(including the conveyance
of dead bodies) provided
by the Commissioner; and
(ii) any other service
provided by the
Commissioner, an
authorised officer or the
Ambulance Service; and
(iii) applications made under
this Act; and
(b) by omitting from subsection (2)(c)
"Director" and substituting
"Commissioner";
(c) by inserting the following paragraphs
after paragraph (c) in subsection (2):
(d) prescribe standards and
requirements for the operation of
non-emergency patient transport
67
Ambulance Service Amendment Act 2013
Act No. of
s. 35 Part 1 - Preliminary
services including, but not limited
to, the following matters:
(i) safety, cleanliness and
hygiene (including
infection control
procedures);
(ii) the welfare of persons
being transported
(including comfort,
privacy and respectful
treatment);
(iii) staffing (including staff
numbers, qualifications
and clinical
accreditation);
(iv) the provision, inspection
and maintenance of
vehicles and equipment;
(v) storage facilities;
(vi) the amount and type of
insurance required to be
maintained;
(vii) the evaluation, monitoring
and improvement of the
quality of the NEPT
Service and its staff;
(viii) the provision and display
of information including
the livery, signage and
68
Ambulance Service Amendment Act 2013
Act No. of
Part 1 - Preliminary s. 35
branding of the NEPT
Service and its apparatus;
(ix) communication devices to
be carried by staff or
installed in vehicles of the
NEPT Service; and
(e) prescribe conditions that may
apply to an NEPT licence or a
class or classes of NEPT licences;
and
(f) prescribe records to be kept by an
NEPT Service and, but not
limited to, the form and nature of
such records, the time within
which such records are to be
made and the period for which
the records must be kept; and
(g) prescribe, or provide for,
conditional or unconditional
exemptions from all or any part
of this Act; and
(h) prescribe fees payable for non-
emergency patient transport
services that are provided by the
Ambulance Service; and
(i) provide for the reduction, waiver
or refund of all or any part of a
fee payable under this Act; and
(j) prescribe the qualifications that
an officer of the Ambulance
69
Ambulance Service Amendment Act 2013
Act No. of
s. 36 Part 1 - Preliminary
Service, a paramedic or a
volunteer ambulance officer may
be required to hold; and
(d) by omitting from subsection (2)(k)
"honorary ambulance officers" and
substituting "volunteer ambulance
officers";
(e) by inserting the following subsection
after subsection (2):
(3) The regulations may adopt, either
wholly or in part and with or
without modification, and either
specifically or by reference, any
document, whether the document
is published or issued before or
after the commencement of this
Act.
(f) by omitting from subsection (6) "10
penalty units" and substituting "20
penalty units".
36. Section 43 inserted
After section 42 of the Principal Act, the
following section is inserted in Part IV:
43. Transitionals
(1) If, immediately before the
commencement day, a person holds the
written consent of the Commissioner
under section 37 to provide non-
70
Ambulance Service Amendment Act 2013
Act No. of
Part 1 - Preliminary s. 36
emergency patient transport, however
described -
(a) the person is taken, on and after
the commencement day, to be the
holder of an NEPT licence; and
(b) the written consent -
(i) is taken to be an NEPT
licence, in the same terms
as the written consent, for
the purposes of this Act;
and
(ii) may be suspended or
cancelled, or otherwise
dealt with, in accordance
with Part IIIA of this Act;
and
(iii) expires on whichever of
the following days first
occurs:
(A) the day specified
in the written
consent as the day
on which the
written consent
expires;
(B) the day 2 years
from the
commencement
day.
71
Ambulance Service Amendment Act 2013
Act No. of
s. 36 Part 1 - Preliminary
(2) A person is not guilty of an offence
under section 39(1) if the person drives,
operates or has charge of, or allows
another person to drive, operate or have
charge of, a vehicle that -
(a) immediately before the
commencement day -
(i) was operated under a
consent of the
Commissioner, under
section 37, to provide
non-emergency patient
transport; and
(ii) displayed the word
ambulance as part of the
name of the business
operated under that
consent; and
(b) on or after the commencement
day -
(i) is operated under an
NEPT licence by the
holder of the consent
referred to in
paragraph (a)(i); and
(ii) displays the word
ambulance as it did
immediately before the
commencement day.
72
Ambulance Service Amendment Act 2013
Act No. of
Part 1 - Preliminary s. 36
(3) Subsection (2) ceases to have effect 2
years after the commencement day.
(4) On and after the commencement day -
(a) a reference to the Director in any
document that is in force
immediately before that day is
taken to be a reference to the
Commissioner; and
(b) the document is to be construed,
and have effect, accordingly.
(5) In this section -
amending Act means the Ambulance
Service Amendment Act 2013;
commencement day means the day on
which the amending Act
commences;
Director means the Director of
Ambulance Services holding
office under this Act immediately
before the commencement day.
73
Ambulance Service Amendment Act 2013
Act No. of
s. 37 Part 2 - Miscellaneous
PART 2 - MISCELLANEOUS
37. Consequential amendments
The legislation specified in Schedule 1 is
amended as specified in that Schedule.
38. Consequential amendments of regulations, &c., do
not prevent their subsequent amendment
The amendment by this Act of a provision of any
regulations or other statutory rules does not
prevent that or any other provision of those
regulations or statutory rules from being
amended or rescinded by a subsequent regulation
or statutory rule.
39. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which all of the
provisions of this Act commence.
74
Ambulance Service Amendment Act 2013
Act No. of
sch. 1
SCHEDULE 1 - CONSEQUENTIAL AMENDMENTS
Section 37
Ambulance Service Regulations 2006
1. Regulation 4 is amended by omitting "an
honorary ambulance officer" and substituting "a
volunteer ambulance officer".
Asbestos-Related Diseases (Occupational Exposure)
Compensation Act 2011
1. Section 20 is amended as follows:
(a) by omitting "Director" from paragraph
(b) of the definition of ambulance
provider in subsection (1) and
substituting "Commissioner of
Ambulance Services";
(b) by omitting "Ambulance Service." from
paragraph (c) of the definition of
ambulance provider in subsection (1)
and substituting "Ambulance Service;";
(c) by inserting the following definition after
the definition of ambulance provider in
subsection (1):
Commissioner of Ambulance Services
means the Commissioner within
the meaning of the Ambulance
Service Act 1982.
75
Ambulance Service Amendment Act 2013
Act No. of
sch. 1
(d) by omitting from subsection (2)
`"ambulance services", "Director"' and
substituting "ambulance services";
(e) by omitting from subsection (3)(b)
"Director" and substituting
"Commissioner of Ambulance Services";
(f) by omitting from subsection (3)(b) "the
Director's" and substituting "that
Commissioner's";
(g) by omitting from subsection (4)(b)
"Director" and substituting
"Commissioner of Ambulance Services".
Burial and Cremation (Handling of Human Remains)
Regulations 2005
1. Regulation 3 is amended as follows:
(a) by omitting the definition of paramedic;
(b) by omitting paragraphs (b) and (c) from
the definition of responsible person and
substituting the following paragraph:
(b) an officer of the Ambulance
Service; or
2. Regulation 5 is amended as follows:
(a) by omitting from subregulation (1)(d)
"Service;" and substituting "Service.";
76
Ambulance Service Amendment Act 2013
Act No. of
sch. 1
(b) by omitting paragraph (e) from
subregulation (1);
(c) by omitting from subregulation (2)
"midwife, officer of the Ambulance
Service or paramedic" and substituting
"midwife or officer of the Ambulance
Service".
Emergency Management Act 2006
1. Section 3 is amended by omitting "the
Tasmanian Ambulance Service" from paragraph
(b) of the definition of statutory service and
substituting "Ambulance Tasmania".
2. Section 31 is amended as follows:
(a) by omitting from subsection (1)(g)
"Director" and substituting
"Commissioner";
(b) by omitting from subsection (2)(g)
"Director" and substituting
"Commissioner".
Explosives Act 2012
1. Section 3 is amended by omitting "the
Tasmanian Ambulance Service" from paragraph
(b) of the definition of emergency services and
substituting "Ambulance Tasmania".
77
Ambulance Service Amendment Act 2013
Act No. of
sch. 1
Mental Health Act 2013
1. Section 139(3)(c) is amended by omitting
"Director" and substituting "Commissioner".
2. Section 212(1) is amended by omitting
"Director" and substituting "Commissioner".
3. Schedule 2 is amended by omitting "Director"
from paragraph (d) of the definition of relevant
in clause 1 of Part 1 and substituting
"Commissioner".
Poisons Act 1971
1. Section 3(1) is amended as follows:
(a) by inserting the following definitions
after the definition of aircraft:
ambulance officer means an officer of
the Ambulance Service as defined
in the Ambulance Service Act
1982;
ambulance services has the same
meaning as in the Ambulance
Service Act 1982;
(b) by inserting the following definition after
the definition of coca leaves:
Commissioner of Ambulance Services
means the Commissioner as
78
Ambulance Service Amendment Act 2013
Act No. of
sch. 1
defined in the Ambulance Service
Act 1982;
(c) by inserting the following definition after
the definition of inspector:
interstate ambulance officer means a
person providing ambulance
services in this State in
accordance with an interstate
arrangement within the meaning
of section 38A of the Ambulance
Service Act 1982;
(d) by inserting the following definition after
the definition of package:
paramedic has the same meaning as in
the Ambulance Service Act 1982;
(e) by inserting the following definition after
the definition of veterinary surgeon:
volunteer ambulance officer has the
same meaning as in the
Ambulance Service Act 1982;
2. Section 36 is amended as follows:
(a) by omitting from subsection (1)
"subsection (2A)" and substituting
"subsections (2A) and (2B)";
(b) by omitting from subsection (1)(a)
"subsection (1A) or subsection (1B)" and
substituting "subsection (1A), (1B) or
(1C)";
79
Ambulance Service Amendment Act 2013
Act No. of
sch. 1
(c) by inserting the following subsection
after subsection (1B):
(1C) A person is authorised, in respect
of ambulance services, to have in
his or her possession, or to
attempt to obtain possession of, a
substance to which this section
applies to the extent the person is
authorised under any Secretary's
written authority for the use of
the substance to which this
section applies for ambulance
services.
(d) by inserting the following subsection
after subsection (2A):
(2B) A person may have in his or her
possession a substance to which
this section applies if -
(a) the substance was
lawfully supplied to the
person in another State or
a Territory; and
(b) the person brought the
substance into this State
to provide ambulance
services under the
Ambulance Service Act
1982.
3. Section 38(1) is amended as follows:
80
Ambulance Service Amendment Act 2013
Act No. of
sch. 1
(a) by inserting the following paragraph after
paragraph (b):
(ba) the sale or supply of a restricted
substance that is sold or supplied
by a pharmaceutical chemist, or
licensed wholesale chemist,
otherwise than on and in
accordance with such a
prescription, but only where that
sale or supply is to a person
holding the Secretary's written
authority for the use of the
substance in respect of ambulance
services;
(b) by omitting from paragraph (h) "an
ambulance officer" and substituting "a
volunteer ambulance officer, an
ambulance officer, a paramedic or an
interstate ambulance officer";
(c) by omitting from paragraph (h)(ii)
"Director" and substituting
"Commissioner".
4. Section 45(2) is amended by inserting after
paragraph (a) the following paragraph:
(ab) a person who -
(i) has been lawfully supplied with
the raw narcotic or narcotic
substance in another jurisdiction;
and
81
Ambulance Service Amendment Act 2013
Act No. of
sch. 1
(ii) is importing, or bringing into the
State, the raw narcotic or narcotic
substance to provide ambulance
services under the Ambulance
Service Act 1982; or
5. Section 47(1)(dd) is amended as follows:
(a) by inserting "or paramedic" after
"officer";
(b) by omitting from subparagraph (ii)
"Director" and substituting
"Commissioner".
Poisons Regulations 2008
1. Regulation 3(1) is amended as follows:
(a) by omitting the definition of ambulance
officer;
(b) by omitting "the Tasmanian Ambulance
Service" from the definition of
Ambulance Service and substituting
"Ambulance Tasmania";
(c) by omitting the definition of Director of
Ambulance Services.
2. Regulation 9 is amended by omitting paragraph
(d) and substituting the following paragraph:
(d) an ambulance officer, paramedic or
interstate ambulance officer -
82
Ambulance Service Amendment Act 2013
Act No. of
sch. 1
3. Regulation 11(10)(d) is amended by omitting
"an ambulance service" and substituting
"ambulance services".
4. Regulation 38(1) is amended as follows:
(a) by omitting "Director" and substituting
"Commissioner";
(b) by omitting "ambulance officers" first
occurring and substituting "ambulance
officers, paramedics or interstate
ambulance officers";
(c) by omitting from paragraph (b) "by
ambulance officers";
(d) by omitting from paragraph (c) "by
ambulance officers".
5. Regulation 62A is amended by omitting the
definition of qualified ambulance paramedic.
6. Regulation 62B(2) is amended as follows:
(a) by omitting from paragraph (b)
"qualified ambulance";
(b) by omitting from paragraph (c) "qualified
ambulance";
(c) by omitting from paragraph (d)
"qualified ambulance".
7. Regulation 62C(2) is amended as follows:
83
Ambulance Service Amendment Act 2013
Act No. of
sch. 1
(a) by omitting from paragraph (b)
"qualified ambulance";
(b) by omitting from paragraph (c) "qualified
ambulance";
(c) by omitting from paragraph (d)
"qualified ambulance".
8. Regulation 62F(2) is amended by omitting
"qualified ambulance".
9. Regulation 76 is amended as follows:
(a) by omitting from subregulation (2)(g)
"Director" and substituting
"Commissioner";
(b) by omitting from subregulation (3)(h)
"Director" and substituting
"Commissioner";
(c) by omitting from subregulation (4)(g)
"Director" and substituting
"Commissioner".
Police Offences Act 1935
1. Section 3(1) is amended by omitting "the
Tasmanian Ambulance Service" from paragraph
(b) of the definition of emergency services and
substituting "Ambulance Tasmania".
2. Section 37JA(3)(b) is amended by omitting
"members of the Tasmanian Ambulance Service
84
Ambulance Service Amendment Act 2013
Act No. of
sch. 1
established" and substituting "officers of the
Ambulance Service".
Proclamation under the Duties Act 2001 (S. R. 2001, No. 76)
1. Paragraph (a) is amended by omitting
subparagraph (v) and substituting the following
subparagraph:
(v) Ambulance Tasmania;
Public Sector Superannuation Reform Act 1999
1. Section 3(1) is amended as follows:
(a) by omitting paragraph (f) from the
definition of Agency and substituting the
following paragraph:
(f) Ambulance Tasmania;
(b) by omitting "Director" from paragraph
(g) of the definition of Agency manager
and substituting "Commissioner".
Rail Safety National Law (Tasmania) Act 2012
1. Section 5(1) is amended by omitting "the
Tasmanian Ambulance Service" from paragraph
(b) of the definition of emergency services and
substituting "Ambulance Tasmania".
85
Ambulance Service Amendment Act 2013
Act No. of
sch. 1
Retirement Benefits (Tasmanian Ambulance Service
Superannuation Scheme) Act 2006
1. Section 3 is amended as follows:
(a) by omitting the definition of Ambulance
Service and substituting the following
definition:
Ambulance Service means the
Ambulance Service as defined in
the Ambulance Service Act 1982;
(b) by inserting the following definition after
the definition of commencement day:
Commissioner of Ambulance Services
means the person holding office
as the Commissioner of
Ambulance Services under the
Ambulance Service Act 1982;
(c) by omitting the definition of Director of
Ambulance Services.
2. Section 9(1) is amended by omitting "Director"
and substituting "Commissioner".
Security-sensitive Dangerous Substances Act 2005
1. Section 6A(3) is amended by omitting "the
Tasmanian Ambulance Service" from paragraph
(b) of the definition of emergency service and
substituting "Ambulance Tasmania".
86
Ambulance Service Amendment Act 2013
Act No. of
sch. 1
State Service Regulations 2011
1. Schedule 1 is amended by omitting item 3 and
substituting:
3. Commissioner of Ambulance Services
Vehicle and Traffic (Driver Licensing and Vehicle
Registration) Regulations 2010
1. Regulation 12(13) is amended by omitting
"Director" from paragraph (b) of the definition
of authorised emergency vehicle and substituting
"Commissioner".
Vehicle and Traffic (Vehicle Standards) Regulations 2001
1. Regulation 45(6)(b) is amended by omitting
"ambulance" and substituting "vehicle providing
non-emergency patient transport services under
the Ambulance Service Act 1982, ambulance".
2. Regulation 108(1) is amended by omitting
paragraph (f) from the definition of exempt
vehicle and substituting:
(f) an ambulance; or
3. Regulation 172 is amended by inserting after the
definition of air brake the following definition:
ambulance has the same meaning as in the
Ambulance Service Act 1982;
87
Ambulance Service Amendment Act 2013
Act No. of
sch. 1
Work Health and Safety Regulations 2012
1. Regulation 5(1) is amended by omitting "the
Tasmanian Ambulance Service" from paragraph
(b) of the definition of emergency service
organisation and substituting "Ambulance
Tasmania".
Workers Rehabilitation and Compensation Act 1988
1. Section 6 is amended as follows:
(a) by omitting from subsection (1)
"Director" three times occurring and
substituting "Commissioner for
Ambulance Services";
(b) by inserting the following subsection
after subsection (1):
(1A) For the avoidance of doubt,
subsection (1) does not apply to -
(a) a person providing
ambulance services for, or
on behalf of, a
commercial business or
commercial organisation;
or
(b) a person providing
ambulance services in this
State in accordance with
an interstate arrangement
within the meaning of
section 38A of the
88
Ambulance Service Amendment Act 2013
Act No. of
sch. 1
Ambulance Service Act
1982.
(c) by omitting from subsection (4)
"Director" and substituting
"Commissioner".
Government Printer, Tasmania 89