Ambulance Service Act 1982 (Tas)

Ambulance Service Act 1982 An Act to provide for the establishment and operation of an ambulance service in this State, to provide for the appointment of a Commissioner of Ambulance Services and for his or her functions and powers, to provide for related matters, and to amend and repeal certain enactments [Royal Assent 18 January 1983] 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 I - Preliminary 1. Short title This Act may be cited as the Ambulance Service Act 1982 . 2. Commencement (1) This section and section 1 shall commence on the day on which this Act receives the Royal Assent. (2) Except as provided in subsections (1) and (3) , this Act shall commence on a date to be fixed by proclamation. (3) Sections 32 , 33 , 34 , and 35 shall commence on 1st July next following the second commencement date. 3. Interpretation In this Act, except in so far as the context or subject-matter otherwise indicates or requires – 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 patient transport services; or (b) which is approved by the Commissioner to be so operated; Ambulance Service means Ambulance Tasmania established under this Act; ambulance services means services relating to the work of rendering out-of-hospital clinical care to, and the conveyance of, persons suffering from illness or injury; 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; equipment includes vehicles, radios, plant, appliances, and other implements used for or in connection with the provision of ambulance services; fit and proper person means a person who the Secretary, after taking into account matters referred to in section 3AA , is satisfied is a fit and proper person; functions includes duties; 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 for the purposes of this definition; motor vehicle has the same meaning as in the Vehicle and Traffic Act 1999 ; 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 provision of transport on public roads or by air or water of patients – (a) whose medical needs have been assessed by a member of an approved health profession as – (i) requiring patient transport; and (ii) not being time-critical or acute; and (b) who may require – (i) basic care and observation; or (ii) clinical care and monitoring; officer of the Ambulance Service means a person appointed pursuant to section 14 (2) to provide ambulance services; regulations means regulations made under this Act; Secretary means Secretary of the Department; repealed Act means the Ambulance Act 1959; second commencement date means the date fixed by proclamation under section 2 (2) ; third commencement date means 1st July referred to in section 2 (3) ; 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 . 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 Secretary may take into account any one or more of the following matters: (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 Secretary thinks relevant. (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. . . . . . . . . 3A. Act binds Crown This Act binds the Crown not only in right of Tasmania but also, so far as the legislative power of Parliament permits, binds the Crown in all of its other capacities. PART II - Administration 4. Ambulance Tasmania There is established by this Act an ambulance service to be called the "Ambulance Tasmania" which shall be under the control of the Commissioner and which shall consist of all persons appointed and holding office pursuant to section 14 , 15 (1) , or 16 . 5. Appointment and incorporation of Commissioner of Ambulance Services (1) The Minister administering the State Service Act 2000 may appoint a State Service officer or State Service employee to be Commissioner of Ambulance Services who is, by this subsection, incorporated as a corporation sole with the corporate name "Commissioner of Ambulance Services". (2) The person holding office as Commissioner of Ambulance Services shall hold that office in conjunction with State Service employment. (3) . . . . . . . . (4) The Commissioner– (a) has perpetual succession; (b) shall have a common seal; (c) may sue and be sued in his corporate name; and (d) may do, and be subject to, all other things that corporations may by law do and be subject to and that are necessary for or incidental to the purpose for which he is incorporated. (5) All courts, judges, and persons acting judicially shall take judicial notice of the common seal of the Commissioner affixed to a document and shall presume that it was duly affixed. (6) . . . . . . . . 6. Functions of Commissioner (1) The Commissioner has the following functions: (a) . . . . . . . . (b) to formulate policy in respect of the administration and operation of the Ambulance Service; (c) to co-ordinate and direct the development of all ambulance services throughout the State; (d) to standardize, as far as practicable, equipment used or intended to be used throughout the State for or in connection with the provision of ambulance services; (e) to ensure that effective ambulance services are provided throughout the State; (f) to develop and maintain training facilities for the use of officers of the Ambulance Service and volunteer ambulance officers; (g) to determine the qualifications required to be held by, and the standards of experience, training, and efficiency required of, officers of the Ambulance Service; (h) to co-ordinate the provision throughout the State of ambulances and other means of transport for the conveyance of persons suffering from illness or injury other than non-emergency patient transport services; (i) such other functions as are imposed or conferred on him by or under this Act. (2) The Commissioner is responsible for the control and management of the Ambulance Service. (3) . . . . . . . . (4) The Commissioner shall take such measures as he considers necessary to ensure the provision of efficient ambulance services throughout the State. 7. Powers of Commissioner (1) The Commissioner has power– (a) for or in connection with the performance of his functions under this Act to purchase, exchange, take on lease, hold, dispose of by way of lease or sale, or otherwise deal with, property both real and personal; and (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 (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 (b) to do all things necessary or convenient to be done for or in connection with, or incidental to, the exercise of his powers and the performance of his functions under this Act other than employ persons. (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 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. (2) The Commissioner may, in such circumstances and upon such terms and conditions (including terms and conditions as to payment) as he thinks fit, undertake the conveyance of dead bodies. (3) The Commissioner may establish committees of such persons as the Commissioner considers appropriate for the purposes of assisting the Commissioner in the performance and exercise of the Commissioner's functions and powers. 8. . . . . . . . . 9. Commissioner subject to control of Minister (1) In the exercise of the powers conferred, and the performance of the functions imposed, on the Commissioner by or under this Act or any other Act, the Commissioner shall be subject to the control of the Minister. (2) The Minister may, for the purpose of enabling him to exercise the control referred to in subsection (1) , from time to time give a direction in writing to the Commissioner and the Commissioner shall, subject to this section, exercise the powers conferred, and perform the functions imposed, on him by or under this Act or any other Act in accordance with any such direction. (3) The Commissioner is not bound by a direction given under subsection (2) unless the direction is in writing and signed by the Minister. (4) The power conferred on the Minister by subsection (2) shall not be exercised so as to – (a) require the Commissioner to do anything that he is not empowered to do by this Act or any other Act; (b) prevent the Commissioner from performing any function that he is expressly required by this Act or any other Act to perform, whether conditionally or unconditionally; or (c) interfere with the formation by the Commissioner of any opinion or belief in relation to any matter that has to be determined as a prerequisite to the performance or exercise by the Commissioner of any of his functions or powers under this Act or any other Act. 10. Delegation by Commissioner (1) The Commissioner may, by instrument in writing, delegate to a person, or a class of persons, specified in the instrument the performance or exercise of such of the functions and powers under this Act or any other Act (other than this power of delegation) as are specified in the instrument, and may, by instrument in writing, revoke wholly or in part any such delegation. (2) A function or power, the performance or exercise of which has been delegated under this section, may, while the delegation remains unrevoked, be performed or exercised from time to time in accordance with the terms of the delegation. (3) A delegation under this section may be made subject to such conditions or limitations as to the performance or exercise of any of the functions or powers delegated, or as to time or circumstance, as are specified in the instrument. (4) Notwithstanding any delegation under this section, the Commissioner may continue to perform or exercise all or any of the functions or powers delegated. (5) Any act or thing done by or to a delegate while acting in the exercise of a delegation under this section shall have the same force and effect as if the act or thing had been done by or to the Commissioner and shall be deemed to have been done by or to the Commissioner. (6) An instrument purporting to be signed by a delegate of the Commissioner in his capacity as such a delegate shall in all courts and before all persons acting judicially be received in evidence as if it were an instrument executed by the Commissioner under seal and, until the contrary is proved, shall be deemed to be an instrument signed by a delegate of the Commissioner under this section. 11. . . . . . . . . 12. . . . . . . . . 13. . . . . . . . . 14. Officers of Ambulance Service (1) . . . . . . . . (2) Subject to and in accordance with the State Service Act 2000 , persons may be appointed or employed to enable the Commissioner to provide ambulance services in accordance with this Act. 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 (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 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; statutory service has the same meaning as in the Emergency Management Act 2006 . 15. Staff of Commissioner (1) Subject to and in accordance with the State Service Act 2000 , persons may be appointed or employed for the purpose of providing administrative and clerical assistance to the Commissioner or for carrying out duties other than those performed by persons appointed under section 14 . (2) The Secretary of the Department may make arrangements with another Head of a State Service Agency for State Service officers and State Service employees employed in that Agency to be made available to enable the Commissioner to perform the functions of office under this Act, and those officers and employees are to, in conjunction with State Service employment, serve the Commissioner in any capacity. 15A. . . . . . . . . 16. Volunteer ambulance officers (1) The Commissioner may appoint such persons as he thinks necessary to be volunteer ambulance officers. (2) A volunteer ambulance officer– (a) shall perform, without remuneration, such functions relating to the provision of ambulance services as the Commissioner may from time to time direct; and (b) shall be subject to the control and supervision of the Commissioner. 17. Tasmanian Ambulance Clinical Council (1) There is established a Tasmanian Ambulance Clinical Council. (2) The Tasmanian Ambulance Clinical Council consists of such persons as may be determined by the Minister. (3) The members of the Tasmanian Ambulance Clinical Council are to be appointed by the Minister and hold office on such terms and conditions, not provided for in this Act, as are determined by the Minister. (4) A member of the Tasmanian Ambulance Clinical Council is entitled to be paid such remuneration and allowances as the Minister may determine. (5) A member of the Tasmanian Ambulance Clinical Council who is a State Service officer or State Service employee is not entitled to be paid remuneration and allowances under subsection (4) except with the approval of the Minister administering the State Service Act 2000 . (6) The Minister must appoint one of the members of the Tasmanian Ambulance Clinical Council to be the chairperson of the Tasmanian Ambulance Clinical Council. (7) Such number of members of the Tasmanian Ambulance Clinical Council as the Minister may determine form a quorum at any duly convened meeting of the Tasmanian Ambulance Clinical Council. (8) The procedure for the calling of, and for the conduct of business at, meetings of the Tasmanian Ambulance Clinical Council is to be determined by the Tasmanian Ambulance Clinical Council. 18. Functions of Tasmanian Ambulance Clinical Council The Tasmanian Ambulance Clinical Council is to perform such functions as may be determined by the Minister. 19. Authorised officers (1) The Commissioner or the Secretary, 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 or the Secretary must ensure that the authorised officer is issued with an identity card that bears a recent photograph of the authorised officer. (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 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 – (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 – (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. PART III - Finances of Commissioner Division 1 - Funds, accounts, and estimates of expenditure 21. Funds of Commissioner (1) The funds of the Commissioner shall consist of– (a) money provided by Parliament for the purposes of this Act; (b) all money derived by the Commissioner from the sale, leasing, hire, or other disposal by the Commissioner of any property which the Commissioner has power to sell, lease, hire, or dispose of; (c) . . . . . . . . (d) money received by way of fees charged in respect of ambulance services provided by the Commissioner; and (e) all other money received from any source by the Commissioner. (2) The funds of the Commissioner shall be applied only– (a) in the payment or discharge of the expenses, charges, and obligations incurred or undertaken by the Commissioner in the performance of his functions and the exercise of his powers under this Act; and (b) in the payment of any remuneration payable under this Act. 22. Authorised deposit-taking institution accounts (1) The Commissioner may open and maintain an account or accounts in the Treasury and with an authorised deposit-taking institution approved by the Treasurer and shall maintain at all times at least one account in the Treasury and at least one account at an authorised deposit-taking institution approved by the Treasurer. (2) Any money received by the Commissioner shall be paid into, and any expenditure of the Commissioner shall be drawn from, an account referred to in subsection (1) . 23. Accounts and records (1) The Commissioner shall cause to be kept proper accounts and records of the operations of the Ambulance Service and shall do all things necessary to ensure that all payments from its funds are correctly made and properly authorized and that adequate control is maintained over the assets of, or in the custody of, the Commissioner and over the incurring of liabilities by the Commissioner. (2) . . . . . . . . (3) The statement of accounts prepared by the Commissioner under this section is to include a certificate by the Commissioner that, if it is the case, the Commissioner has met his or her obligations under the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth in respect of any Ambulance member who is, or becomes, a member of an RSA or a complying superannuation scheme to which the Commissioner contributes. (4) The Commissioner is to include in the statement of accounts any other prescribed information relating to any other superannuation scheme or RSA in cases where persons appointed or employed under the State Service Act 2000 are performing functions for the purposes of this Act. (5) In this section – Ambulance member has the same meaning as in the Public Sector Superannuation Reform Act 2016 ; complying superannuation scheme means the Tasmanian Accumulation Scheme established under section 7 of the Public Sector Superannuation Reform Act 1999 , a default fund within the meaning of the Public Sector Superannuation Reform Act 2016 or a superannuation scheme that is a complying superannuation fund for the purposes of the Superannuation Industry (Supervision) Act 1993 of the Commonwealth; RSA means a Retirement Savings Account within the meaning of the Retirement Savings Accounts Act 1997 of the Commonwealth. 24. . . . . . . . . 25. Temporary accommodation For the temporary financial accommodation of the Commissioner, the Commissioner may obtain advances by overdraft of current account in any authorised deposit-taking institution on the credit of the funds of the Commissioner to such extent as may, from time to time, be approved by the Treasurer. 26. Expenditure outside Act The Commissioner may, in any financial year, expend out of the funds of the Commissioner any sum of money, not exceeding in the aggregate the amount prescribed in the regulations, for any purpose approved by the Minister, notwithstanding that the expenditure may not be authorized under any other provision of this Act. 27. Annual estimate of expenditure and revenue The Commissioner shall, before the commencement of each financial year, submit to the Minister an estimate of the expenditure and revenue of the Commissioner for that financial year in, or in connection with, the administration of this Act. Division 2 - . . . . . . . . 28. . . . . . . . . 29. . . . . . . . . 30. . . . . . . . . 31. . . . . . . . . 32. . . . . . . . . 33. . . . . . . . . 34. . . . . . . . . Division 3 - Amount payable by Treasurer 35. Amount payable by Treasurer (1) The Treasurer shall, in respect of an operating year, pay to the Commissioner, out of money provided by Parliament, an amount that is equal to the difference between the expenditure and the revenue specified in the estimate approved by the Minister under section 27 . (2) The payment to be made by the Treasurer under subsection (1) shall be made as soon as practicable after the commencement of the operating year in respect of which the payment relates. (3) For the purposes of this section, operating year means the financial year commencing on 1st July 1983 and each subsequent financial year. PART IIIA - Non-emergency Patient Transport 35A. Application for NEPT licence (1) A person may apply to the Secretary 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 Secretary; and (b) must be accompanied by the prescribed fee. (3) The Secretary may – (a) require the applicant to provide such information as the Secretary considers necessary in order to determine the application; and (b) if the Secretary 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 Secretary 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 Secretary 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 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 Secretary thinks relevant. 35C. Determination of application (1) After considering the matters referred to in section 35B , the Secretary 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 Secretary is to notify the applicant in writing of that refusal and the reasons for the refusal. 35D. Issue of NEPT licence (1) The Secretary is to issue an NEPT licence, subject to any conditions the Secretary thinks fit, to an applicant on payment of any prescribed licence fee if the Secretary –