Licence to provide non-emergency ambulance services
58 Licence to provide non-emergency ambulance services
A person must not provide non‑emergency ambulance services unless—
the services are carried out—
by
SAAS; or
by a person acting under the direction or request of SAAS; or
the person holds a licence under this section (a restricted ambulance service licence);
or
the services are provided by a person or a person of a class, or in circumstances, prescribed by regulation; or
the services are provided under an exemption granted by the Minister under this Part.
Maximum penalty: $20 000.
An application for a licence under this section—
must be made to the Minister; and
must conform to the requirements of the Minister about its form, contents and the manner in which it is made; and
must be accompanied by the fee fixed by the Minister.
An application for a licence must set out details of services proposed to be provided under the licence.
The
Minister may, by written notice, require the applicant—
to provide further information, documents or records relevant to the application; or
to allow persons authorised by the Minister to inspect premises, vehicles, plant or equipment proposed to be used by the applicant in connection with activities proposed to be authorised by the licence.
The
Minister may refuse the application if the applicant does not comply with a requirement under subsection (4).
The
Minister may, pending determination of an application for licence, grant a temporary licence under this section.
A temporary licence operates for a term not exceeding 6 months and on conditions determined by the Minister.
The
Minister may grant a licence to a person under this section if, in the Minister's opinion—
the services proposed to be provided under the licence are non-emergency ambulance services; and
the person has the capacity to provide those services at a standard appropriate for the licence; and
the person is a fit and proper person to hold the licence.
The
Minister may, if he or she thinks fit, grant a licence to an applicant for an indefinite period or for a limited term specified in the licence.
The
Minister may, on application and payment of the fee fixed by the
Minister, transfer a restricted ambulance service licence to a proposed transferee if the Minister is satisfied (in such manner as the Minister may determine) as to the suitability of the person to hold the licence.
The
Minister may attach such conditions to a licence as the Minister thinks fit.
The
Minister may, on giving notice in writing to the holder of a licence—
vary the existing conditions of the licence or attach new conditions to the licence;
revoke a condition of the licence.
A person who contravenes or fails to comply with a condition of a licence is guilty of an offence.
Maximum penalty: $20 000.
The
Minister may, by the terms or conditions of a licence, limit the scope of a licence to specified services or classes of services.
If, in the opinion of the Minister—
a person has contravened, or failed to comply with, a provision of this Act or a condition of a licence; or
action should be undertaken under this section in the public interest, the
Minister may, by notice in writing to the holder of the licence, suspend or revoke a licence under this section.
A suspension under subsection (15) may be—
for a period specified by the Minister; or
until the Minister removes the suspension by further notice to the holder of the licence.
A person who objects to a decision of the Minister under this section—
refusing to grant a licence to the person; or
attaching conditions to, or varying conditions of, a licence granted to the person; or
suspending or revoking a licence granted to the person, may apply to the Tribunal for review of the decision under section 34 of the South
Australian Civil and Administrative Tribunal Act 2013.
This provision refers to the regulations (prescribed by regulation
). Made under this Act:
This Act’s bill:Second reading speech
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