Ambulance Service Act 1982

Ambulance Service Act 1982

This Act may be cited as the Ambulance Service Act 1982.

This section and section 1 shall commence on the day on which this Act receives the Royal Assent.

Except as provided in subsections (1) and (3), this Act shall commence on a date to be fixed by proclamation.

Sections 32, 33, 34, and 35 shall commence on 1st July next following the second commencement date.

In this Act, except in so far as the context or subject-matter otherwise indicates or requires –

ambulance means a vehicle – which is – specifically equipped for the provision of out-of-hospital clinical care to, and the conveyance of, persons suffering from illness, disability or injury; and operated by, or on behalf of, the Ambulance Service to provide ambulance services other than non-emergency patient transport services; or 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 – any items such as uniforms, emblems, logos, devices, accoutrements and other things that are generally recognised as pertaining to the Ambulance Service; or any part of such items; or any reasonable imitation or replica of such items or parts; or 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 – whose medical needs have been assessed by a member of an approved health profession as – requiring patient transport; and not being time-critical or acute; and who may require – basic care and observation; or 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 motor vehicle; and an aircraft; and a vessel within the meaning of the Marine and Safety Authority Act 1997; and any other prescribed means of transport;

volunteer ambulance officer means a person appointed and holding office under section 16.

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:whether or not the person has been found guilty of an offence against this Act; whether or not the person is of sound financial reputation and has a stable financial background; whether or not the person is of good repute, having regard to the character, honesty and integrity of the person; 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:an indictable offence against the person where the maximum penalty for the offence is a term of imprisonment of at least 3 months; an offence of dishonesty, fraud, or trafficking, where the maximum penalty for the offence is a term of imprisonment of at least 3 months; any other matter the Secretary thinks relevant.

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.

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.

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.

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".

The person holding office as Commissioner of Ambulance Services shall hold that office in conjunction with State Service employment.

The Commissioner– has perpetual succession; shall have a common seal; may sue and be sued in his corporate name; and 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.

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.

The Commissioner has the following functions:to formulate policy in respect of the administration and operation of the Ambulance Service; to co-ordinate and direct the development of all ambulance services throughout the State; 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; to ensure that effective ambulance services are provided throughout the State; to develop and maintain training facilities for the use of officers of the Ambulance Service and volunteer ambulance officers; to determine the qualifications required to be held by, and the standards of experience, training, and efficiency required of, officers of the Ambulance Service; 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; such other functions as are imposed or conferred on him by or under this Act.

The Commissioner is responsible for the control and management of the Ambulance Service.

The Commissioner shall take such measures as he considers necessary to ensure the provision of efficient ambulance services throughout the State.

The Commissioner has power– 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 to charge fees – 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 to recover any expenditure made for or on behalf of another organisation, if that expenditure is not already covered under this Act; and to determine the scope of any services provided under the authority of this Act; and 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 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.

Nothing in subsection (1)(ad) places an obligation on the Commissioner to actively monitor upcoming incidents or events or potential incidents or events.

Without limiting the generality of subsection (1)(b), the Commissioner may, under that subsection, do one or more of the following actions:authorise the destruction of, wholly or partially, or damage to any premises, equipment, vehicle or receptacle; 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; restrict access to a specified area around the site where ambulance services are being provided.

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.

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.

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.

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.

The Commissioner is not bound by a direction given under subsection (2) unless the direction is in writing and signed by the Minister.

The power conferred on the Minister by subsection (2) shall not be exercised so as to – require the Commissioner to do anything that he is not empowered to do by this Act or any other Act; 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 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.

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.

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.

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.

Notwithstanding any delegation under this section, the Commissioner may continue to perform or exercise all or any of the functions or powers delegated.

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.

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.