South Australia: Automated External Defibrillators (Public Access) Act 2022 (SA)

South Australia Automated External Defibrillators (Public Access) Act 2022 An Act to require the installation and registration of Automated External Defibrillators in certain buildings, facilities and vehicles and for other purposes. Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Interpretation 4 Meaning of designated building or facility 5 Meaning of prescribed building 6 Application of Act—Crown 6A Application of Act—certain buildings and facilities Part 2—Automated External Defibrillators—general requirements 7 Installation of Automated External Defibrillators—buildings and facilities 8 Installation of Automated External Defibrillators—vehicles 9 Maintenance and testing 10 Signs Part 3—Register and other matters 11 Preliminary 12 Register 13 Software application 14 Awareness strategy Part 3A—Authorised officers 15A Appointment of authorised officers 15B Identification of authorised officers 15C Powers of authorised officers Part 4—Miscellaneous 16 Damage, destruction or removal of Automated External Defibrillator 16A Exemptions 16B Delegation 16C False or misleading information 16D Self‑incrimination 17 Regulations and fee notices 18 Report Schedule 1—Transitional provision 1 Transitional provision Legislative history The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Automated External Defibrillators (Public Access) Act 2022. 2—Commencement (1) Subject to subsection (2), this Act comes into operation on the day on which it is assented to by the Governor. (2) Sections 3 to 17 (inclusive) come into operation on 1 January 2025. 3—Interpretation (1) In this Act— amenities, of a retirement village, includes kitchens, toilets, gymnasiums, pools and dining areas, but does not include pathways, roads and driveways; Australian Register of Therapeutic Goods means the register maintained under section 9A of the Therapeutic Goods Act 1989 of the Commonwealth; authorised officer means a person appointed to be an authorised officer under Part 3A; Automated External Defibrillator means a portable device able to treat cardiac arrest by applying an electric shock to restore normal heart rhythm that is— (a) included on the Australian Register of Therapeutic Goods; or (b) if there is no Automated External Defibrillator included on the Australian Register of Therapeutic Goods—approved by the Minister for the purposes of this Act; building means a structure with a roof and walls; correctional facility means— (a) a correctional institution within the meaning of the Correctional Services Act 1982; or (b) a custodial police station within the meaning of section 78 of the Summary Offences Act 1953; or (c) a facility for the reception, detention, correction and training of youths who offend against the criminal law established under the Family and Community Services Act 1972 or the Youth Justice Administration Act 2016; designated building or facility—see section 4; emergency services organisation means— (a) the South Australian Country Fire Service; or (b) the South Australian Metropolitan Fire Service; or (c) the South Australian State Emergency Service; or (d) an organisation prescribed by the regulations; hospital has the same meaning as in the Health Care Act 2008; licensed children's residential facility has the same meaning as in the Children and Young People (Safety) Act 2017; major works means improvements, repairs or other physical changes to a building the cost of which exceeds $100 000; owner, in relation to a building or facility, means the owner of the land on which the building or facility is situated, being— (a) if the land is unalienated from the Crown—the Crown; or (b) if the land is alienated from the Crown by grant in fee simple—the owner of the estate in fee simple; or (c) if the land is held from the Crown by lease or licence—the lessee or licensee; or (d) if the land is held from the Crown under an agreement to purchase—the person who has the right to purchase; prescribed building—see section 5; prescribed vehicle—see section 8(4); public building or facility means a building or facility to which the public has access (whether or not admission is obtained by payment of money) and includes— (a) a swimming pool; and (b) a library; and (c) a local government office; and (d) a town hall; and (e) a building or facility, or class of buildings or facilities, prescribed by the regulations, but does not include— (f) a building or facility (other than a building or facility referred to in a preceding paragraph) that is not a relevant building or a relevant facility; and (g) a building or facility, or class of buildings or facilities, excluded from the ambit of this definition by the regulations; relevant authority, for an emergency services organisation, means— (a) in the case of the South Australian Country Fire Service (SACFS)—the Chief Officer of SACFS; or (b) in the case of the South Australian Metropolitan Fire Service (SAMFS)—the Chief Officer of SAMFS; or (c) in the case of the South Australian State Emergency Service (SASES)—the Chief Officer of SASES; or (d) in the case of an organisation prescribed by the regulations—the person prescribed by the regulations as the relevant authority for the organisation; relevant authority, for a prescribed vehicle, means the entity prescribed by the regulations as the relevant authority for the vehicle; relevant building means— (a) a building that has a floor area of 600 m² or more; or (b) a building, or class of buildings, prescribed by the regulations; relevant day means the day on which section 4 comes into operation; relevant facility means— (a) 2 or more relevant buildings that are owned by the same person and used for related purposes where any part of the buildings are within the prescribed distance of another of the buildings; or (b) enclosed (whether fully or partially) structures with a floor area of 600 m² or more used for sporting or recreational activities attended by the public; or Note— Such facilities include sporting stadia and arenas and aquatic centres. (c) a facility, or class of facilities, prescribed by the regulations; school has the same meaning as in the Education and Early Childhood Services (Registration and Standards) Act 2011; smartphone means mobile telephone with an operating system capable of running software applications; tertiary institution includes a university and TAFE SA; vehicle includes aircraft and a boat but does not include a motorbike, horse or a vehicle excluded from the ambit of this definition by the regulations. (2) A reference in this Act, other than in section 10, to an Automated External Defibrillator installed in a building or facility includes a reference to an Automated External Defibrillator installed in an external area on or around the building or facility. (3) For the purposes of this Act, land will be taken to be used for commercial purposes if— (a) an occupier of the land solely or primarily sells goods, or provides services, for money or other consideration on the land; or (b) the land is used for purposes of a kind prescribed by the regulations. (4) For the purposes of this Act, the regulations may— (a) provide for 1 or more methods of calculating the floor area of a building or facility; or (b) provide that certain areas, or classes of areas, of a building or facility are not to be included for the purposes of calculating the floor area of the building or facility. (5) For the purposes of this Act, if 2 or more buildings constitute a facility, or a relevant facility for the purposes of the definition of relevant facility in subsection (1), they will be treated as a facility, or a relevant facility, (as the case may be) rather than as buildings. 4—Meaning of designated building or facility For the purposes of this Act, the following buildings or facilities are designated buildings or facilities (whether constructed before or after the relevant day): (a) a public building or facility; (b) a prescribed sporting facility; (c) a school, tertiary institution or education facility that provides skills training; (e) a retirement village (within the meaning of the Retirement Villages Act 2016) where 1 or more amenities are shared by residents; (f) a facility that provides residential care within the meaning of the Aged Care Act 1997 of the Commonwealth; (g) a caravan park; (h) a residential park (within the meaning of the Residential Parks Act 2007) occupied (or that allows for occupation) by more than 12 residents; (i) a casino or other venue where gambling is authorised, other than a venue where the only gambling authorised is the selling and buying of lottery tickets; (j) a theatre or other venue where artistic or cultural performances are provided; (k) a building or facility, or class of building or facility, prescribed by the regulations, but does not include a building or facility, or class of buildings or facilities, excluded from the ambit of this definition by the regulations. 5—Meaning of prescribed building For the purposes of this Act, the following buildings are prescribed buildings: (a) a building on land used for commercial purposes if— (i) construction of the building commences after the relevant day; or (ii) major works to the building commence after the relevant day, and if, after completion of the construction or major works, the floor area of the building will be more than 600 m2; (b) a relevant building (whether constructed before or after the relevant day) on land in respect of which there is, after the relevant day, a change in the use of the land to use for commercial purposes; (c) a building, or class of buildings, prescribed by the regulations, but does not include a building, or class of buildings, excluded from the ambit of this definition by the regulations. 6—Application of Act—Crown This Act binds the Crown in right of the State and also, so far as the legislative power of the State extends, the Crown in all its other capacities, but not so as to impose any criminal liability on the Crown. 6A—Application of Act—certain buildings and facilities (1) Despite any other provision of this Act, this Act does not apply to the following buildings or facilities: (a) a hospital or other medical facility that complies with the requirements prescribed by the regulations; (b) a correctional facility; (c) a licensed children's residential facility or a residential facility (not being a training centre) established or licensed under the Family and Community Services Act 1972; (d) a building or facility (other than a designated building or facility) where the entire building or facility is not accessible to the public; (e) any other building or facility, or class of buildings or facilities, prescribed by the regulations for the purposes of this section. (2) For the purposes of subsection (1)(d), a building or facility will be taken to be accessible to the public if the public can obtain access to the building or facility, or part of the building or facility, by payment of money. Part 2—Automated External Defibrillators—general requirements 7—Installation of Automated External Defibrillators—buildings and facilities (1) The owner of— (a) a designated building or facility; or (b) a prescribed building, must— (c) in the case of a relevant designated building or facility or prescribed building—ensure that 1 Automated External Defibrillator is installed in the building or facility for every 1 200 m2 of publicly accessible floor area of the building or facility up to a maximum prescribed by regulation; or (d) in any other case—ensure that an Automated External Defibrillator is installed in the building or facility. (2) A person who contravenes or fails to comply with a requirement under this section is guilty of an offence. Maximum penalty: $20 000. Expiation fee: $5 000. (2a) For the purposes of the definition of publicly accessible floor area, unobstructed access to a building or facility, or part of a building or facility, includes access to the building or facility, or part of the building or facility, obtained by payment of money. (3) In this section— publicly accessible floor area, in relation to a building or facility, means— (a) in relation to a building or facility only part of which is open to the public—the floor area of the part of the building or facility to which the public has unobstructed access while that part of the building or facility is open to the public; or (b) in any other case—the floor area of the building or facility to which the public has unobstructed access while the building or facility is open to the public; relevant designated building or facility or prescribed building means a designated building or facility or prescribed building that— (a) is on land used for commercial purposes; and (b) has a publicly accessible floor area of more than 1 200 m2, but does not include a building or facility, or class of buildings or facilities, excluded from the ambit of this definition by the regulations. 8—Installation of Automated External Defibrillators—vehicles (1) The relevant authority for an emergency services organisation must ensure that an Automated External Defibrillator is installed in each vehicle used in the provision of emergency services by the organisation for use by, or on behalf of, the organisation. (2) The relevant authority for a prescribed vehicle must ensure that an Automated External Defibrillator is installed in the vehicle. (3) A person who contravenes or fails to comply with a requirement under subsection (2) is guilty of an offence. Maximum penalty: $20 000. Expiation fee: $5 000. (4) In this section— bus means a motor vehicle built mainly to carry people that seats over 14 adults (including the driver); prescribed vehicle means a train, tram, public bus or any other vehicle prescribed by the regulations for the purposes of this section; public bus means a bus engaged in regular passenger services under the Passenger Transport Act 1994. 9—Maintenance and testing (1) A designated entity in respect of a building, facility or vehicle in which an Automated External Defibrillator is installed in accordance with this Act must ensure that the Automated External Defibrillator is maintained in accordance with any instructions of the manufacturer of the Automated External Defibrillator. (2) A person who contravenes or fails to comply with a requirement under this section is guilty of an offence. Maximum penalty: $20 000. Expiation fee: $5 000. (3) In this section— designated entity, in respect of a building, facility or vehicle in which an Automated External Defibrillator is installed, means— (a) in the case of a building or facility—the owner of the building or facility; or (b) in the case of a vehicle used in the provision of emergency services—the relevant authority for the emergency services organisation responsible for installation of the Automated External Defibrillator in the vehicle under section 8(1); or (c) in the case of a prescribed vehicle—the relevant authority for the prescribed vehicle. 10—Signs (1) If an Automated External Defibrillator is installed inside a building or facility, the owner of the building or facility must— (a) near to the Automated External Defibrillator; and (b) outside, and near to an entrance of, the building or facility, install a sign indicating that an Automated External Defibrillator is nearby. (2) If an Automated External Defibrillator is installed outside a building or facility, the owner of the building or facility must, near to the Automated External Defibrillator, install a sign indicating that an Automated External Defibrillator is nearby. (3) If an Automated External Defibrillator is installed in a vehicle— (a) in the case of a vehicle used in the provision of emergency services—the relevant authority for the emergency services organisation responsible for installation of the Automated External Defibrillator in the vehicle under section 8(1); or (b) in the case of a prescribed vehicle—the relevant authority for the prescribed vehicle, must, on the outside of the vehicle, install a sign indicating that an Automated External Defibrillator is in the vehicle. (4) A person who contravenes or fails to comply with a requirement under this section is guilty of an offence. Maximum penalty: $2 500. Expiation fee: $500. (5) The regulations may prescribe additional requirements in relation to signs. Part 3—Register and other matters 11—Preliminary In this Part— Minister means the Minister responsible for the administration of the Health Care Act 2008. 12—Register (1) The Minister must establish and maintain a register of Automated External Defibrillators installed in buildings and facilities in accordance with this Act. (2) The register must contain the following information in respect of each Automated External Defibrillator: (a) its location; (b) the times during which it is accessible by the public; (c) information prescribed by the regulations. (3) The information in the register must be made available on a website determined by the Minister and accessible by the public without charge in a format determined by the Minister. (4) The owner of a building or facility in which an Automated External Defibrillator is installed in accordance with this Act must— (a) provide the information set out in subsection (2) to the Minister in the manner and form determined by the Minister— (i) in the case of an Automated External Defibrillator installed before the relevant day—within 2 weeks after the relevant day; or (ii) in any other case—within 2 weeks after the installation; and (b) notify the Minister in the manner and form determined by the Minister of any change to the information provided in accordance with paragraph (a) within 2 weeks after the change. (5) A person who contravenes or fails to comply with a requirement under subsection (4) is guilty of an offence. Maximum penalty: $2 500. Expiation fee: $500. (6) The regulations may provide that this section does not apply, or applies with prescribed modifications, to an Automated External Defibrillator or a class of Automated External Defibrillators. 13—Software application (1) The Minister must ensure that a software application compatible with smartphones is able to provide a registered user of the software application with the location of the Automated External Defibrillator that is nearest to the registered user and— (a) is installed in a building or facility in accordance with this Act; and (b) is accessible by the public at the time the software application is being used by the registered user. (2) The software application referred to in subsection (1) may— (a) enable only a certain class of persons to be registered users of the application; or (b) provide for conditions with which registered users are required to comply. (3) The regulations may provide that this section does not apply, or applies with prescribed modifications, to an Automated External Defibrillator or a class of Automated External Defibrillators. 14—Awareness strategy (1) The Minister must develop and implement a strategy for the purposes of informing the public about Automated External Defibrillators, and the strategy must include information about the following: (a) locating and registering existing Automated External Defibrillators; (b) installing signs indicating that an Automated External Defibrillator is nearby; (c) the fact that a person does not need to be trained to use an Automated External Defibrillator. (2) The strategy must be implemented as soon as practicable after the relevant day and the Minister must ensure that it is promoted for at least 5 years. Part 3A—Authorised officers 15A—Appointment of authorised officers (1) The Minister may appoint suitable persons to be authorised officers for the purposes of this Act. (2) An appointment may be made subject to conditions specified in the instrument of appointment. (3) The Minister may, at any time, revoke an appointment of an authorised officer or vary or revoke a condition of appointment or impose a further condition of appointment. 15B—Identification of authorised officers (1) An authorised officer must be issued with an identity card— (a) containing the person's name and a photograph of the person; and (b) stating that the person is an authorised officer under this Act. (2) If the powers of the authorised officer have been limited by conditions, the identity card issued to the officer must contain a statement of those conditions. (3) An authorised officer must, at the request of a person in relation to whom the officer intends to exercise powers under this Act, produce for the inspection of the person their identity card. 15C—Powers of authorised officers (1) An authorised officer may exercise the following powers for the purposes of the administration or enforcement of this Act: (a) enter and inspect, at any reasonable time, a building, facility, vehicle or other place that the authorised officer believes on reasonable grounds to be a building, facility or vehicle in which an Automated External Defibrillator must be installed in accordance with this Act (and, if entry is refused, may employ such force as is reasonably necessary to gain entry); (b) require a person to produce documents for inspection; (c) examine, copy or take extracts from a document or record so produced or require a person to provide a copy of such a document or record; (d) take photographs, films, audio, video or other recordings; (e) give expiation notices for alleged offences against this Act. (2) A person must not— (a) hinder or obstruct an authorised officer in the exercise of powers under this section; or (b) refuse or fail to comply with a requirement made under this section. Maximum penalty: $10 000. Part 4—Miscellaneous 16—Damage, destruction or removal of Automated External Defibrillator (1) A person who intentionally and without lawful authority— (a) damages or destroys an Automated External Defibrillator installed in accordance with this Act; or (b) removes an Automated External Defibrillator installed in accordance with this Act from the location at which it is installed, is guilty of an offence. Maximum penalty: $10 000 or imprisonment for 1 year. (2) It is a defence to a charge of an offence against this section if the defendant proves that— (a) the damage, destruction or removal of the Automated External Defibrillator occurred in the course of using the Automated External Defibrillator to treat a person who the defendant reasonably believed to be suffering from cardiac arrest; or (b) in the case of an offence against subsection (1)(b)—the removal of the Automated External Defibrillator was by, or at the direction of, the designated entity in respect of the building, facility or vehicle in which the Automated External Defibrillator is installed. (3) In this section— designated entity has the same meaning as in section 9. 16A—Exemptions (1) The Minister may, by notice in writing, exempt a specified building, facility, vehicle or person from the operation of this Act or a specified provision or provisions of this Act. (2) An exemption— (a) may be conditional or unconditional; and (b) may be varied or revoked by the Minister by further notice in writing. 16B—Delegation (1) A Minister conferred with functions under this Act may delegate a function conferred on them to a specified body or person (including a person for the time being holding or acting in a specified office or position). (2) A delegation under this section— (a) must be by instrument in writing; and (b) may be absolute or conditional; and (c) does not derogate from the ability of the delegator to act in any matter; and (d) is revocable at will. (3) A function delegated under this section may, if the instrument of delegation so provides, be further delegated. 16C—False or misleading information A person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information provided under this Act. Maximum penalty: $10 000. 16D—Self‑incrimination If a person is required to provide information or to produce a document under this Act and the information or document would tend to incriminate the person or make the person liable to a penalty, the person must nevertheless provide the information or produce the document, but the information or document so provided or produced will not be admissible in evidence against the person in proceedings for an offence, other than an offence against this or any other Act relating to the provision of false or misleading information. 17—Regulations and fee notices (1) The Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act. (2) Without limiting the generality of subsection (1), the regulations may— (a) exempt a person or vehicle, or a class of persons or vehicles, from the application of this Act or a specified provision or provisions of this Act; and (ab) prescribe requirements in relation to the placement and accessibility of Automated External Defibrillators installed in accordance with this Act; and (ac) make provision in relation to what constitutes, or does not constitute, installation of an Automated External Defibrillator or a sign for the purposes of this Act; and (b) provide for the payment, recovery or waiver of fees prescribed by fee notice; and (c) provide for fines, not exceeding $10 000, for offences against the regulations; and (d) provide for expiation fees, not exceeding $315, for offences against the regulations; and (e) provide for the facilitation of proof of the commission of offences against the regulations. (3) The regulations may— (a) be of general or limited application; and (b) make different provision according to the matters or circumstances to which they are expressed to apply; and (c) make provisions of a saving or transitional nature consequent on the enactment of this Act or on the making of regulations under this Act; and (d) provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister or a specified person or body; and (e) apply or incorporate, wholly or partially and with or without modification, a code, standard, policy or other document prepared or published by the Minister or a specified person or body. (4) If a code, standard or other document is referred to or incorporated in the regulations— (a) a copy of the code, standard or other document must be kept available for public inspection, without charge and during ordinary office hours, at an office or offices specified in the regulations; and (b) evidence of the contents of the code, standard or other document may be given in any legal proceedings by production of a document apparently certified by the Minister to be a true copy of the code, standard or other document. (5) The Minister may prescribe fees for the purposes of this Act by fee notice under the Legislation (Fees) Act 2019. 18—Report (1) The Minister must prepare a report on how the Government will provide support to persons who are required by this Act to install an Automated External Defibrillator. (2) The Minister must, within 6 months of the commencement of this section, have copies of the report laid before both Houses of Parliament. (3) In this section— Minister means the Minister responsible for the administration of the Health Care Act 2008. Schedule 1—Transitional provision 1—Transitional provision This Act does not apply in respect of— (a) any building or facility owned by a person that is not the Crown (or an agency or instrumentality of the Crown); or (b) any prescribed vehicle, until 1 January 2026. Legislative history Notes • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Principal Act and amendments New entries appear in bold. Year|No|Title|Assent|Commencement| 2022|27|Automated External Defibrillators (Public Access) Act 2022 |8.12.2022|8.12.2022: s 2(1) except ss 3 to 17—1.1.2025: s 2(2)| 2024|44|Automated External Defibrillators (Public Access) (Miscellaneous) Amendment Act 2024|24.10.2024|1.1.2025 immediately after s 3 of 27/2022: s 2| Provisions amended New entries appear in bold. Provision|How varied|Commencement| Pt 1||| s 3||| s 3(1)||| amenities|inserted by 44/2024 s 3(1)|1.1.2025| authorised officer|inserted by 44/2024 s 3(2)|1.1.2025| building|inserted by 44/2024 s 3(3)|1.1.2025| correctional facility|inserted by 44/2024 s 3(3)|1.1.2025| hospital|inserted by 44/2024 s 3(4)|1.1.2025| licensed children's residential facility|inserted by 44/2024 s 3(4)|1.1.2025| owner|inserted by 44/2024 s 3(5)|1.1.2025| public building or facility|amended by 44/2024 s 3(6)—(8)|1.1.2025| relevant authority|inserted by 44/2024 s 3(9)|1.1.2025| relevant building|inserted by 44/2024 s 3(9)|1.1.2025| relevant facility|inserted by 44/2024 s 3(9)|1.1.2025| s 3(3)—(5)|inserted by 44/2024 s 3(10)|1.1.2025| s 4|(d) deleted by 44/2024 s 4(1)|1.1.2025| |amended by 44/2024 s 4(2), (3)|1.1.2025| s 5|amended by 44/2024 s 5(1), (2)|1.1.2025| s 6A|inserted by 44/2024 s 6|1.1.2025| Pt 2||| s 7||| s 7(1)|amended by 44/2024 s 7(1), (2)|1.1.2025| s 7(2)|amended by 44/2024 s 7(3)|1.1.2025| s 7(2a)|inserted by 44/2024 s 7(4)|1.1.2025| s 7(3)||| publicly accessible floor area|inserted by 44/2024 s 7(5)|1.1.2025| relevant designated building or facility or prescribed building|amended by 44/2024 s 7(6), (7)|1.1.2025| s 8||| s 8(1)|amended by 44/2024 s 8(1)|1.1.2025| s 8(2)|amended by 44/2024 s 8(2)|1.1.2025| s 8(3)|amended by 44/2024 s 8(3)|1.1.2025| s 9||| s 9(1)|substituted by 44/2024 s 9(1)|1.1.2025| s 9(2)|amended by 44/2024 s 9(2)|1.1.2025| s 9(3)||| designated entity|amended by 44/2024 s 9(3)|1.1.2025| s 10||| s 10(3)|amended by 44/2024 s 10(1)|1.1.2025| s 10(4)|amended by 44/2024 s 10(2)|1.1.2025| Pt 3||| s 12||| s 12(1)|amended by 44/2024 s 11(1)|1.1.2025| s 12(3)|substituted by 44/2024 s 11(2)|1.1.2025| s 12(4)|amended by 44/2024 s 11(3), (4)|1.1.2025| s 12(5)|amended by 44/2024 s 11(5)|1.1.2025| s 12(6)|substituted by 44/2024 s 11(6)|1.1.2025| s 13|substituted by 44/2024 s 12|1.1.2025| s 15|deleted by 44/2024 s 13|1.1.2025| Pt 3A|inserted by 44/2024 s 14|1.1.2025| Pt 4||| ss 16A—16D|inserted by 44/2024 s 15|1.1.2025| s 17||| s 17(2)|amended by 44/2024 s 16(1)—(3)|1.1.2025| Sch 1||| cl 1|amended by 44/2024 s 17|1.1.2025|