Ambulance Service Act 1991
Queensland Ambulance
Service Act
1991 Current as at 20 May 2013
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the legislation which
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to this legislation. For
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Queensland Ambulance Service
Act 1991 Contents Part 1
1 2 Part 2
Division 1 3A
3B 3D 3E
Division 2 4
4A 5 6
9 Division 3 13
13A 14 15
16 17 18
Division 4 Subdivision
1 18A Page Preliminary Short title . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . 9 Definitions. . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9 Queensland Ambulance Service
Queensland Ambulance Service
Establishment
of service
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Membership
of service
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Service’s functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10
Chief executive’s responsibility .
. . . . . . . . . . . . . . . . . . . . . . . . . .
11
The commissioner Appointment of
commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Acting commissioner .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Disqualification
from appointment .
. . . . . . . . . . . . . . . . . . . . . . . 12
Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Role of commissioner.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Staff of the service generally Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Requirement
to disclose
previous history of serious disciplinary action
.......................................
14 Honorary ambulance officers . . . . .
. . . . . . . . . . . . . . . . . . . . . . . 14
Officers employed under this Act . . . . . .
. . . . . . . . . . . . . . . . . . . 14
No
additional remuneration . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . 15 Superannuation scheme
. . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
15 Retrenchment and
redundancy .
. . . . . . . . . . . . . . . . . . . . . . . . . 15
Disciplinary
action for
service officers and former service
officers Grounds and
disciplinary action generally Grounds for
discipline. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . 16
Ambulance Service Act 1991 Contents
18B Subdivision 2 18C
18D 18E 18F
18G Subdivision 3 18H
18I Subdivision 4 18J
18K 18L Subdivision
5 18M
18N 18O 18P
Division 5 19
22 23 Part 4
Division 1 26
27 Division 2 28
29 29A 30
Page
2 Disciplinary action that may be taken
against a service officer generally . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. Disciplinary action against a service
officer who was a public service employee or fire service
officer Application of sdiv 2 . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . Definitions for
sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . Action previous chief
executive may
take .
. . . . . . . . . . . . . . . . . .
Action employing chief executive may take .
. . . . . . . . . . . . . . . . Declaration if
same chief
executive is
the previous
chief executive and
employing chief executive . . . . . . . . . . . . . . . . . .
. Disciplinary action against a former service
officer Application of sdiv 3 . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . Action chief
executive may take . . . . . . . . . . . . . . . . . . . . . . . .
. . Provisions about information about
disciplinary action Information
about disciplinary action
to be
given by
chief executive
.......................................
Information about disciplinary action to be
given to chief executive
...................................... Use of particular
information about disciplinary
action obtained by chief executive
in another
capacity .
. . . . . . . . . . . . . . . . . . . .
Other provisions about
disciplinary action etc.
Suspension
of service
officer liable to discipline . . . . . . . . . . . . .
Procedure
for disciplinary action
. . . . . . . . . . . . . . . . . . . . . . . . . Effect of suspension from duty . . . . . . .
. . . . . . . . . . . . . . . . . . . . Additional procedures
for suspension or
termination .
. . . . . . . . . Other matters about
the service Fund
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Delegations
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Requirement
to report
pool immersion incident
. . . . . . . . . . . . . .
Local ambulance committees Establishment and
functions of
committees Establishment of
committees .
. . . . . . . . . . . . . . . . . . . . . . . . . . . Functions
of committees
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Conduct of business and membership
of committees Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Members of committees
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Dealing with vacancy in office of a member . . . . . . . . . . . . . . . . .
Liability
of members
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 19 20
21
22 22 23
24 25 26 27
28
28
29 30
30
31
32
33
33
34
34
35
36
31 Division 3 31A
31B 32 33
34 35 36
Part
4A Division 1 36A
36B 36C 36D
Division 2 36E
36F Division 3 36G
36H Division 4 36I
36J 36K Division 5
36L 36M 36N
36NA 36O 36P
Ambulance Service Act 1991
Contents Protection of
members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . Other matters about committees
Minister may approve or amend constitution .
. . . . . . . . . . . . . . . Commissioner to
give constitution to committees . . . . . . . . . . . .
Committees are statutory bodies . . . . . .
. . . . . . . . . . . . . . . . . . . Application of
laws .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Investigations
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Dissolution
of committees
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Effect of dissolution
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Root cause analyses
Preliminary Definitions for
pt 4A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Meaning of root cause analysis
. . . . . . . . . . . . . . . . . . . . . . . . . .
Purpose of pt 4A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Guiding principles for
conduct of
RCA of
reportable event. . . . . .
RCA teams Appointment
of RCA
team .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Requirements
for appointment .
. . . . . . . . . . . . . . . . . . . . . . . . . .
Reporting
RCA team’s report and chain of events document
. . . . . . . . . . . .
Reporting
to commissioning authority . . . . . . . . . . . . . . . . . . . . .
Stopping conduct of RCA of reportable event Definition
for div
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Stopping conduct of RCA of reportable event—RCA team . . . . .
Stopping conduct of RCA of reportable event—commissioning authority
. . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . Disclosure or release of information
Definitions for div 5 . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .
Disclosure of information—RCA team member or
relevant person
.......................................
Disclosure
of information—commissioning authority or
relevant person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Information
about excluded notifiable
conduct .
. . . . . . . . . . . . . .
Release of information
to Health
Quality and
Complaints Commission ................................... Giving of copy of RCA report or chain of events document—medical
director. .
. . . . . . . . . . . . . . . . . . . . . . . . . . . 36 36 37
37 38
38
38
38
39
40
41
41
42
42
43
44
44
44
45 46 47 49
50
51
51
Page 3
Ambulance Service Act 1991 Contents
36Q 36R 36S
36T 36U Division 6
36V 36W 36X
36Y 36Z Division 7
36ZA 36ZB 36ZC
Part
5 37 38 39
40 41 Part 5A
Division 1 41A
41B 41C 41D
41E 41F 41G
Division 2 41H
41I Giving of copy of RCA report
etc.—investigation under the Coroners Act 2003
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . Giving of information to Minister or chief
executive . . . . . . . . . . . Giving of copy
of, or information contained in, RCA report—person who
has sufficient personal or professional interest
. . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . Information
not to
be given
in evidence
. . . . . . . . . . . . . . . . . . . .
Information
provider can
not be
compelled to
give particular information in
evidence. .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Protections Protection from
liability .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Giving of information protected . . . . . .
. . . . . . . . . . . . . . . . . . . . Reprisal and
grounds for reprisals . . . . . . . . . . . . . . . . . . . . . . .
. Offence for taking reprisal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Damages entitlement for
reprisal .
. . . . . . . . . . . . . . . . . . . . . . . .
Miscellaneous Application of
provisions of
this part.
. . . . . . . . . . . . . . . . . . . . . .
RCA report not admissible in
evidence .
. . . . . . . . . . . . . . . . . . . Review of pt 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Administration
and powers Authorised
officers .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers of authorised
officers .
. . . . . . . . . . . . . . . . . . . . . . . . . . . Protection
from certain
liability .
. . . . . . . . . . . . . . . . . . . . . . . . . .
Power to accept gifts etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Codes of practice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Investigation
officers Investigation officers Appointment
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appointment
conditions and limit on powers . . . . . . . . . . . . . . . .
When investigation officer
ceases to
hold office.
. . . . . . . . . . . . . Functions
of investigation officers . . . . . . . . . . . . . . . . . . . . . . . . Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Production
or display
of identity
card .
. . . . . . . . . . . . . . . . . . . . . Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Powers of investigation
officers Power to enter places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Entry with consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page
4 52 54 55
55
56
57
57 58 59 59
59
59
60
60
61
62
62
62
63
63
64
64
64
65
65
65
66
41J 41K Division 3
41L Part 6 42
43 44 45
45A 45B 45C
46 47 48
49 49A 50
50A 50B 50C
Part
7 Division 1 50D
50E 50F 50G
50H 50I 50J
50K 50L Ambulance Service
Act 1991 Contents General powers
after entering places. . . . . . . . . . . . . . . . . . . . .
. Power to require name and address. . . . . .
. . . . . . . . . . . . . . . . . Protection from
liability Protection from liability . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . Offences
Right of way to ambulances
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Unauthorised
ambulance transport . . . . . . . . . . . . . . . . . . . . . . .
Failure to help investigation officer
. . . . . . . . . . . . . . . . . . . . . . . .
Failure to answer questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Failure to give name or address . . . . . . . . . . . . . . . . . . . . . . . . . . False or misleading
statements .
. . . . . . . . . . . . . . . . . . . . . . . . . False or misleading
documents .
. . . . . . . . . . . . . . . . . . . . . . . . . Obstruction
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
False calls for ambulance service . . . . . . . . . . . . . . . . . . . . . . . . Restricted
use of
words ‘Ambulance Service’ . . . . . . . . . . . . . . .
Unauthorised
disclosure of
confidential information by
a designated
officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . Unauthorised disclosure of confidential
information by an informed person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proceedings
for offences
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proceedings
for indictable offences
. . . . . . . . . . . . . . . . . . . . . . . Limitation
on who
may summarily
hear indictable offence
. . . . . .
Order
for payment if guilty of false call . . . . . . . . . . . . . . . .
. . . . . General
Confidentiality Definitions for
div 1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Disclosure
required or
permitted by
law .
. . . . . . . . . . . . . . . . . . . Disclosure
with consent
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Disclosure
to person
who has
sufficient interest in health and
welfare of person . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . Disclosure of
confidential information for care or treatment of
person
........................................ Disclosure
is general
condition of
person. .
. . . . . . . . . . . . . . . . . Disclosure
to police
or corrective
services officers. . . . . . . . . . . .
Disclosure
for administering, monitoring or
enforcing compliance with
Act .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Disclosure
to Commonwealth, another
State or
Commonwealth or State entity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 68 69
69
70
70
70
71
71
71
72
72
72
73 74
75
75
76
76 77
78
78
78 79
79
80
80
81
Page
5
Ambulance Service Act 1991 Contents
50M 50N 50O
50P 50Q 50R
Division 2 51
52 53A 53B
53C 53D 54
Part
8 Division 1 54A
55 56 57
58 59 60
61 62 63
64 65 66
67 Division 2 68
Disclosure to Health Quality and Complaints
Commission . . . . . Disclosure to Australian Red Cross Society .
. . . . . . . . . . . . . . . . Disclosure to
person performing function under Coroners Act 2003
.........................................
Disclosure is authorised by chief executive
. . . . . . . . . . . . . . . . . Necessary or
incidental disclosure. . . . . . . . . . . . . . . . . . . . . . .
. Application of this division to former
designated officers . . . . . . . Other
matters Exemption
from tolls
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interstate
assistance at
accidents .
. . . . . . . . . . . . . . . . . . . . . . . Function of Emergency Services Advisory
Council .
. . . . . . . . . .
Exemption
from payment
for ambulance
service .
. . . . . . . . . . . .
Agreement
about payment
for ambulance
service .
. . . . . . . . . . . Recovery of fees and charges . . . . . . . . . . . . . . . . . . . . . . . . . . . Regulation-making
power. .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Savings and transitional
provisions Provisions for
Act before
commencement of Emergency
Services Legislation Amendment Act
1998 Definitions. . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . .
Superannuation entitlements . . . . . . . .
. . . . . . . . . . . . . . . . . . . . References to the
board and previous committees . . . . . . . . . . .
References to Ambulance Services Act 1967 .
. . . . . . . . . . . . . . References
to corporation and
former service . . . . . . . . . . . . . . .
Vesting of assets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Legal proceedings .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ambulance
officers .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Medical officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Administrative
and service
officers. .
. . . . . . . . . . . . . . . . . . . . . .
Conditions
of employment
of transferred officers
. . . . . . . . . . . . . Honorary ambulance officers
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Trusts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Duty to assist transfer of property . . . . . . . . . . . . . . . . . . . . . . . . Provision
for Emergency
Services Legislation Amendment Act 1998
Board
members go out of office . . . . . . . . . . . . . . . . . . . . .
. . . . . 81 82 82
82 83 84
84
84
85
86
87
87
87
88 89 89
90 90
90
90
90
90
91
91
91
92
92
92 Page 6
Division 3 69
70 71 72
73 74 75
76 77 78
79 80 81
82 83 84
85 Division 4 87
88 89 90
91 Division 5 92
93 94 95
Division 6 96
97 Ambulance Service Act 1991
Contents Provisions for
Emergency Services Legislation Amendment Act 2001
Definitions for div 3 . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .
Former service dissolved . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . Superannuation
entitlements . . . . . . . . . . . . . . . . . . . . . . . . . . .
. References to former service . . . . . . . .
. . . . . . . . . . . . . . . . . . . . Vesting of assets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Legal or disciplinary
proceedings .
. . . . . . . . . . . . . . . . . . . . . . . .
Suspension.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Service officers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Conditions
of employment
of transferred officers
. . . . . . . . . . . . . Honorary ambulance officers
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Trusts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Duty to help transfer of property. . . . . . . . . . . . . . . . . . . . . . . . . .
Things taken to have been done etc. by commissioner
. . . . . . . .
Things taken to have been done etc. by chief executive . . . . . . .
Other things taken to have been done etc. by chief executive
. . . Other things taken to have been done etc. by the State. . . . . . . . Closure of Ambulance Service Fund . . . . . . . . . . . . . . . . . . . . . .
Provisions
for Emergency
Services Legislation Amendment Act 2002
Definitions for div 4 . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .
Former constitution ceases to apply. . . . .
. . . . . . . . . . . . . . . . . . Committee members
continue in office . . . . . . . . . . . . . . . . . . . .
Office holders continue to hold office . . .
. . . . . . . . . . . . . . . . . . . Minister must
notify approval day
. .
. .
. .
. .
. .
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. Provisions for
Community Ambulance Cover
Act 2003 Definitions for
div 5
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Former subscriber’s
entitlement ends . . . . . . . . . . . . . . . . . . . . .
Charge not payable
for particular ambulance service
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. Continuation of
written authority. .
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Provisions
for Integrity Reform
(Miscellaneous Provisions) Amendment Act
2010 Definition for div 6. . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .
Disciplinary action for acts or omissions
happening before commencement. .
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. 92
93 93 93
93
94
94
94
94
95
95
95
95
96
96
97
97
98 98 98
98 99
99
99
99
100
100 100
Page 7
Ambulance Service Act 1991 Contents
98 99 Schedule
Disciplinary action against former public
service employee or fire service officer . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .
Disciplinary action against former service
officer . . . . . . . . . . . . . Dictionary
. . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . 101 101 102
Endnotes 1
2 3 4
5 6 7
8 Index
to endnotes
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Date to which amendments incorporated. .
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Key . . . . . . . . .
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. . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . Table of reprints . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. List of legislation.
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List of annotations
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. Forms notified
or published in
the gazette
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. Table of renumbered provisions .
. .
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107
107
108 108 109 114
128
128
Page
8
Ambulance Service Act 1991
Ambulance Service Act 1991
Part 1
Preliminary [s 1] [as amended by
all amendments that commenced on or before 20 May 2013]
An Act
to establish the Queensland Ambulance Service and for
other
purposes Part 1 Preliminary 1
Short
title This Act may be cited as the
Ambulance Service Act 1991
. 2 Definitions The dictionary
in the schedule defines particular words used in this
Act. Part 2 Queensland
Ambulance Service Division 1
Queensland Ambulance Service
3A Establishment of service
The
Queensland Ambulance Service is established. Current as at 20
May 2013 Page 9
Ambulance Service Act 1991 Part 2 Queensland
Ambulance Service [s 3B] 3B
Membership of service The service
consists of— (a) the commissioner; and
(b) ambulance officers,
medical officers
and other staff
members employed under section 13.
3D Service’s functions
The
functions of the service are— (a)
to provide, operate
and maintain ambulance
services; and
(b) for ambulance services provided during
rescue and other related activities—to protect
persons from
injury or
death, whether or not the persons are sick
or injured; and (c) to provide
transport for
persons requiring
attention at
medical or health care facilities;
and (d) to participate with
other emergency
services in
counter-disaster planning; and
(e) to coordinate all
volunteer first
aid groups for
major emergencies or
disasters; and (f) to adopt
and put into
effect all
necessary measures
(including systems
of planning, management and
quality control)
to best ensure
the efficient and
economic operation and use of its resources
in providing ambulance services; and (g)
to
provide casualty room services; and (h)
to
refer a person to another health service; and (i)
to
provide community and workplace education in first
aid, cardiopulmonary resuscitation and
other related
matters, to
the extent that
the service’s personnel
and equipment can reasonably be deployed
or used for the purpose; and (j)
to
identify and market products and services incidental
to
its other functions; and Page 10 Current as at 20
May 2013
Ambulance Service Act 1991
Part 2
Queensland Ambulance Service [s 3E]
(k) to perform
other functions
given to
the service under
this
Act or another Act; and (l) to perform
functions incidental to its other functions. 3E
Chief
executive’s responsibility (1) The
chief executive
is responsible for
the way the
service performs its
functions. (2) Without limiting
subsection (1),
the chief executive
is responsible for— (a)
defining the
objectives, strategies and
policies to
be followed by the service; and
(b) ensuring the
service performs
its functions in
an appropriate, effective and efficient
way. Example —
The
chief executive could establish performance measures for
the
service. (3) This section
does not
affect the
chief executive’s responsibilities
for the department under another Act. Division 2
The
commissioner 4 Appointment of commissioner
(1) The Governor in Council, acting on the
recommendation of the Minister, is to appoint a commissioner
of the service. (2) The commissioner is to be paid such
salary and allowances and employed on such terms and
conditions as the Governor in Council determines.
4A Acting commissioner
(1) The Minister
may appoint a
person to
act in the
office of
commissioner during— (a)
any
vacancy, or all vacancies, in the office; or Current as at 20
May 2013 Page 11
Ambulance Service Act 1991 Part 2 Queensland
Ambulance Service [s 5] (b)
any period, or
all periods, when
the commissioner is
absent from duty, or can not, for another
reason, perform the functions of the office.
(2) The Minister’s power to appoint a
person to act in the office of commissioner does
not limit the
Governor in
Council’s powers
under the
Acts Interpretation Act
1954 ,
section 25(1)(b)(iv) and
(v). 5 Disqualification from
appointment A person who— (a)
is
an undischarged bankrupt or takes advantage of the
laws
in force for the time being relating to bankruptcy;
or (b) is or attains
the age of 65 years; or (c) has been or is
convicted in Queensland of an indictable offence or has
been or is convicted elsewhere in respect of an act or
omission that if done or made by that person in
Queensland would
have constituted an
indictable offence;
is
not capable of being or continuing to be the commissioner.
6 Vacation of office (1)
The office of
the commissioner becomes
vacant if
the commissioner— (a)
dies; or (b)
becomes incapable of continuing as the
commissioner; or (c) furnishes his or
her written resignation to the Minister; or
(d) under section 5, ceases to be capable
of continuing to be the commissioner; or (e)
is
removed from office; or Page 12 Current as at 20
May 2013
Ambulance Service Act 1991
Part 2
Queensland Ambulance Service [s 9]
(f) without the
approval of
the Minister, engages
in any employment outside
the duties of
the commissioner under this Act;
or (g) is absent
from duty
for a period
of 14 days
without lawful
excuse. (2) A resignation given
under subsection (1)(c)
is not effective
until written acceptance of it is given by
the Minister. 9 Role of commissioner
The commissioner must,
in accordance with
the objectives, strategies and
policies defined by the chief executive— (a)
manage the service’s operations; and
(b) perform the commissioner’s functions
and exercise the commissioner’s powers under this Act.
Division 3 Staff of the
service generally 13 Employees (1)
The chief executive
may appoint and
employ on
salary or
wages or engage and employ under contracts
such persons— (a) as ambulance officers; and
(b) as medical officers; and
(c) as other staff members;
as
are necessary for the effectual administration of this Act.
(2) Subject to any applicable decision
within the meaning of the Industrial Relations
Act 1999 ,
persons employed
under subsection (1)
(other than on contract) are to be paid salaries,
wages and allowances at such rates and are
to be employed under such conditions of employment
(including conditions as to occupational superannuation and
leave entitlements) as the chief executive determines.
Current as at 20 May 2013 Page
13
Ambulance Service Act 1991 Part 2 Queensland
Ambulance Service [s 13A] 13A
Requirement to disclose previous history of
serious disciplinary action (1)
If the chief
executive proposes
to appoint a
person under
section 13,
the chief executive
may require the
person to
disclose to
the chief executive
particulars of
any serious disciplinary
action taken against the person. (2)
The person must
comply with
the requirement before
the appointment takes effect and within
the time and in the way stated by the chief executive.
(3) The chief executive may have regard to
information disclosed by the
person under
this section
in deciding whether
to appoint the person under section
13. (4) The chief
executive is
not required to
further consider
the person for appointment under section
13 if the person— (a) fails to comply with the requirement;
or (b) gives false or misleading information
in response to the requirement. 14
Honorary ambulance officers
(1) The commissioner may
appoint such
persons as
the commissioner considers
appropriate to
be honorary ambulance
officers. (2) Honorary ambulance officers—
(a) may carry
out, without
remuneration, such
of the functions of the
service as the commissioner may direct; and
(b) are subject
to the control
and supervision of
the commissioner. 15
Officers employed under this Act
Service officers are to be employed under
this Act, and not under the Public Service
Act 2008 . Page 14 Current as at 20
May 2013
Ambulance Service Act 1991
Part 2
Queensland Ambulance Service [s 16]
16 No additional remuneration
A service officer
is not to
seek or
accept on
account of
anything done in the course of duty in the
service any fee or reward not authorised by the chief
executive. 17 Superannuation scheme
(1) The Governor
in Council may
approve a
superannuation scheme
(other than
the Queensland Ambulance
Service Superannuation Scheme)
for service officers
or classes of
service officers. (2)
Every service
officer (other
than an
honorary ambulance
officer) must
become a
contributor to
an approved superannuation scheme
(if the officer
is otherwise eligible
under the terms of the scheme) and, while a
service officer, must continue to contribute to the scheme in
accordance with its terms. (3)
A
service officer who becomes a public service officer must,
by
written notice given to the chief executive within 2 months
after starting employment with the public
service, elect— (a) to continue to contribute to an
approved superannuation scheme; or (b)
to contribute to
the superannuation scheme
to which persons
who become public
service officers
after the
commencement of this section would usually
contribute. 18 Retrenchment and redundancy
If
the chief executive is satisfied that— (a)
the
duties and functions of a position in the service are
no
longer required; or (b) the duties
of the position
are to be
incorporated with
those of another position;
the
chief executive may terminate the services of the officer in
accordance with
the retrenchment or
redundancy arrangements
approved by the Governor in Council. Current as at 20
May 2013 Page 15
Ambulance Service Act 1991 Part 2 Queensland
Ambulance Service [s 18A] Division 4
Disciplinary action for service
officers and former service officers
Subdivision 1 Grounds and
disciplinary action generally 18A
Grounds for discipline (1)
The chief executive
may discipline a
service officer
if the chief executive
is reasonably satisfied the officer has— (a)
performed the officer’s duties carelessly,
incompetently or inefficiently; or (b)
been
guilty of misconduct; or (c) been
absent from
duty without
approved leave
and without reasonable excuse; or
(d) contravened, without
reasonable excuse,
a direction given to the
officer as a service officer by a responsible person;
or (e) used, without
reasonable excuse,
a substance to
an extent that
has adversely affected
the competent performance of
the officer’s duties; or (f) contravened,
without reasonable excuse, a requirement of the chief
executive under section 13A(1) in relation to the
officer’s appointment by,
in response to
the requirement— (i)
failing to disclose a serious disciplinary
action; or (ii) giving false or
misleading information; or (g) contravened,
without reasonable excuse, a provision of this Act or an
obligation imposed on the person under— (i)
a
code of practice; or (ii) a code of
conduct— (A) approved under the Public Sector
Ethics Act 1994 ; or
Page
16 Current as at 20 May 2013
Ambulance Service Act 1991
Part 2
Queensland Ambulance Service [s 18A]
(B) prescribed under
a directive of
the commission chief executive under
the Public Service Act
2008 ; or (iii)
an
industrial instrument. (2) A
disciplinary ground
arises when
the act or
omission constituting the
ground is done or made. (3) Also, the chief
executive may— (a) discipline a
service officer
under subdivision 2
if a ground mentioned
in subsection (1) exists; or (b)
discipline a former service officer under
subdivision 3 or 4 on the same grounds mentioned in
subsection (1). (4) If the
chief executive
is contemplating taking
disciplinary action against a
service officer in relation to performance or conduct
that the
chief executive
considers may
have been
influenced by the officer’s health, or on
the ground of absence from duty, the chief executive
may— (a) appoint a medical practitioner to
examine the officer and to give
the chief executive
a written report
about the
officer’s mental or physical condition, or
both; and (b) direct the officer to submit to the
medical examination. (5) In this
section— misconduct means—
(a) inappropriate or
improper conduct
in an official
capacity; or (b)
inappropriate or improper conduct in a
private capacity that reflects seriously and adversely on the
ambulance service. Example of
misconduct — victimising another service officer in
the course of the other officer’s employment in the
ambulance service responsible person
, for a
direction, means
a person with
authority to give the direction, whether the
authority derives from this Act or otherwise.
Current as at 20 May 2013 Page
17
Ambulance Service Act 1991 Part 2 Queensland
Ambulance Service [s 18B] 18B
Disciplinary action that may be taken
against a service officer generally (1)
In
disciplining a service officer, the chief executive may take
the
action, or order the action be taken, ( disciplinary
action ) that the
chief executive
considers reasonable in
the circumstances. Examples of
disciplinary action — • termination of
employment • reduction of
classification level
and a consequential change
of duties •
transfer or redeployment to other ambulance
service employment • forfeiture or deferment of a
remuneration increment or increase •
reduction of remuneration level
• imposition of a monetary
penalty • if a penalty is imposed, a direction
that the amount of the penalty be deducted from the
officer’s periodic remuneration payments •
a
reprimand (2) If the
disciplinary action
is taken following
an agreement under section
18F(1) between the previous chief executive and the employing
chief executive mentioned in the section, the chief executives
must agree on the disciplinary action. (3)
A
monetary penalty can not be more than the total of 2 of the
officer’s periodic remuneration
payments. (4) Also, an amount directed to be
deducted from any particular periodic
remuneration payment of the officer— (a)
must
not be more than half of the amount payable to or
for
the officer in relation to the payment; and (b)
must not
reduce the
amount of
salary payable
to the officer in
relation to the period to less than— (i)
if the officer
has a dependant—the guaranteed minimum wage for
each week of the period; or (ii)
otherwise—two-thirds of the guaranteed
minimum wage for each week of the period.
(5) An order under subsection (1) is
binding on anyone affected by it. Page 18
Current as at 20 May 2013
Ambulance Service Act 1991
Part 2
Queensland Ambulance Service [s 18C]
Note — See the following
provisions in relation to appeals against a decision of
the
chief executive to take disciplinary action against a
person— (a) the Public Service
Act 2008 , sections 23 and 194; (b)
the Public Service Regulation 2008
,
sections 5 and 7 and schedule 1, item 4.
Subdivision 2 Disciplinary
action against a service officer who was a public
service employee or fire service officer
18C Application of sdiv 2
(1) This subdivision applies if—
(a) a person is a public service employee
in a department and a relevant disciplinary ground arises in
relation to the person; and (b)
after the relevant disciplinary ground
arises, the person changes employment from
that department to
employment under section 13.
(2) This subdivision also applies
if— (a) a person
is a fire
service officer
and a relevant
disciplinary ground arises in relation to
the person; and (b) after the relevant disciplinary ground
arises, the person changes employment from employment as a fire
service officer to employment under section
13. (3) However, this
subdivision does
not apply if
the person’s previous
chief executive
has taken, is
taking, or
intends to
take, disciplinary action
against the
person under
a relevant disciplinary
provision. Note — See—
(a) the Public
Service Act
2008 , section 188A in relation to
taking disciplinary action
against a
person who
was a public
service Current as at 20
May 2013 Page 19
Ambulance Service Act 1991 Part 2 Queensland
Ambulance Service [s 18D] employee;
and (b) the Fire
and Rescue Service
Act 1990 ,
part 4, division
3, subdivision 3
in relation to
taking disciplinary action
against a
person who was a fire service
officer. (4) For this
section, a
person changes
employment from
a department, or from employment as a
fire service officer, to employment under section 13 if—
(a) the person’s
employment under
section 13
starts after
the
person’s employment in the department or as a fire
service officer ends; or (b)
the
person is employed under section 13 following the
commissioner transferring or
redeploying the
person from the
department or the Queensland Fire and Rescue Service.
Note — See the following
provisions in relation to transfers or deployments by
the
commissioner— (a) the Public Service
Act 2008 , sections 23 and 133; (b)
the Public Service Regulation 2008
,
section 5 and schedule 1, item 4.
18D Definitions for sdiv 2
In
this subdivision— disciplinary finding
, in relation
to a relevant
disciplinary ground,
means a
finding that
a relevant disciplinary ground
exists. employing
chief executive
means the
chief executive
under this Act.
previous chief executive means—
(a) for a person who was a public service
employee—the chief executive of the department in which
the person held an
appointment, or
was employed, as
a public service
employee; or Page 20 Current as at 20
May 2013
Ambulance Service Act 1991
Part 2
Queensland Ambulance Service [s 18E]
(b) for a
person who
was a fire
service officer—the fire
service chief executive .
relevant disciplinary ground
means— (a)
for a person
who was a
public service
employee—a disciplinary
ground under the Public Service Act 2008 ;
or (b) for
a person who
was a fire
service officer—a
disciplinary ground under the
Fire and
Rescue Service
Act
1990. relevant disciplinary provision
means— (a)
for
a person who was a public service employee—the Public Service
Act 2008 , chapter 6; or (b)
for
a person who was a fire service officer—the Fire and
Rescue Service Act 1990 , part 4,
division 3. 18E Action previous chief executive may
take (1) The person’s
previous chief
executive may
make a
disciplinary finding
about the
relevant disciplinary ground
even
though the person is no longer employed— (a)
for the chief
executive of
a department—as a
public service employee
in the chief executive’s department; or (b)
for the fire
service chief
executive —
as a fire
service officer.
(2) The previous chief executive may not
take disciplinary action about the relevant disciplinary ground
other than to the extent provided under section 18F(1).
(3) Despite subsection (1) and without
limiting or being limited by any other power of delegation under
any Act, the previous chief executive may delegate to the
employing chief executive the authority
under subsection (1)
to make a
disciplinary finding about
the person. (4) The previous chief executive may give
to the employing chief executive any
information about
a person or
a relevant disciplinary ground
relating to
the person to
help the
Current as at 20 May 2013 Page
21
Ambulance Service Act 1991 Part 2 Queensland
Ambulance Service [s 18F] employing chief
executive to perform a function under section 18F(1) or (2) in
relation to the person. 18F Action employing
chief executive may take (1) If—
(a) the previous
chief executive
makes a
disciplinary finding about
the relevant disciplinary ground; and (b)
the previous chief
executive and
the employing chief
executive agree
that disciplinary action
against the
person is reasonable in the
circumstances; the employing chief
executive may
take disciplinary action
against the
person under
section 18B
as if a
disciplinary ground under
section 18A exists. (2) If— (a)
the
previous chief executive delegates to the employing
chief executive
the authority under
section 18E(1)
to make a disciplinary finding about the
person; and (b) the employing
chief executive
makes a
disciplinary finding about
the person; the employing chief
executive may
take disciplinary action
against the person under section 18B without
the agreement of the previous chief executive.
18G Declaration if same chief executive is
the previous chief executive and employing chief
executive (1) This section applies if, in relation
to a person who is a service officer, the
chief executive is both the previous chief executive
and
employing chief executive under this subdivision.
(2) This subdivision applies with
necessary changes to allow the chief executive
to take disciplinary action against the person as provided
under this subdivision. Page 22 Current as at 20
May 2013
Subdivision 3 Ambulance Service
Act 1991 Part 2 Queensland Ambulance Service
[s
18H] Disciplinary action against a former
service officer 18H
Application of sdiv 3 (1)
This
subdivision applies if— (a) a
disciplinary ground
arises in
relation to
a service officer
(the former service officer ); and
(b) after the
disciplinary ground
arises, the
officer’s employment as a
service officer ends for any reason. (2)
However, this
subdivision does
not apply in
relation to
a former service officer if the chief
executive is aware— (a) the officer is a public service
employee in a department and the
officer’s chief
executive under
the Public Service Act
2008 has taken, is taking, or intends to
take disciplinary action
against the
officer under
section 188AB of that
Act; or Note — The
Public Service
Act 2008 ,
section 188AB
provides for
a public service employee’s chief
executive to take disciplinary action
under that
Act against the
employee in
relation to
a disciplinary ground that arose under
this Act while the employee was a
service officer.
The section also
empowers the
chief executive
under this
Act to do
particular things
to facilitate disciplinary
action being taken under the section. (b)
the officer is
a
fire service officer and the fire service chief executive
has taken, is taking, or intends to take disciplinary
action against the officer under the Fire and
Rescue Service Act 1990 , part 4,
division 3, subdivision 2. Note
— The Fire
and Rescue Service
Act 1990 ,
part 4, division
3, subdivision 2 provides for the fire
service chief executive to take disciplinary
action under that Act against a fire service officer in
relation to a disciplinary ground that arose
under this Act while the fire service officer was a service
officer. The subdivision also empowers the
chief executive under this Act to do particular Current as at 20
May 2013 Page 23
Ambulance Service Act 1991 Part 2 Queensland
Ambulance Service [s 18I] things
to facilitate disciplinary action
being taken
under the
subdivision. 18I
Action chief executive may take
(1) The chief executive may make a
disciplinary finding or take or continue to take
disciplinary action against the former service officer in
relation to the disciplinary ground. (2)
The
disciplinary finding or disciplinary action must be made
or
taken within a period of 2 years after the end of the
officer’s appointment. (3)
However, subsection (2)
does not
stop disciplinary action
being taken following an appeal or
review. (4) Subsection (2) does not affect—
(a) an investigation of a suspected
criminal offence; or (b) an investigation
of a matter for the purpose of notifying the
Crime and
Misconduct Commission of
suspected official
misconduct under
the Crime and
Misconduct Act 2001.
(5) In disciplining the former service
officer, the chief executive may
make a
disciplinary declaration and
may not take
any other disciplinary action.
(6) The chief executive may only make a
disciplinary declaration if the disciplinary action that would
have been taken against the officer if the officer’s
employment had not ended would have
been— (a) termination of employment; or
(b) reduction of classification
level. (7) The making of the disciplinary
declaration does not affect the way in which the
officer’s employment ended, or any benefits, rights or
liabilities arising because the employment ended.
(8) In this section— disciplinary
declaration means a declaration of— Page 24
Current as at 20 May 2013
Ambulance Service Act 1991
Part 2
Queensland Ambulance Service [s 18J]
(a) the disciplinary finding
against the
former service
officer; and (b)
the disciplinary action
that would
have been
taken against the
officer if the officer’s employment had not ended.
Subdivision 4 Provisions about
information about disciplinary action 18J
Information about disciplinary action to be
given by chief executive (1)
This
section applies if— (a) the chief
executive of
a department (the
other chief
executive ) asks the chief
executive under this Act (the ambulance
service chief
executive )
for disciplinary information that
the ambulance service chief executive has about a
person who is or was a service officer; and (b)
the information is
reasonably necessary
for the other
chief executive to make a decision
about— (i) an appointment or
continued appointment, or
employment or
continued employment, of
the person by the other chief executive;
or (ii) a
disciplinary finding,
disciplinary action
or disciplinary declaration the other
chief executive is considering in
relation to
the person under
a relevant Act. (2)
The ambulance service
chief executive
must give
the disciplinary information to the other
chief executive unless the ambulance service chief executive is
reasonably satisfied that giving the
information may
prejudice the
investigation of
a suspected contravention of the law in
a particular case. (3) In this section— disciplinary
information , in relation to a request made of
the ambulance service
chief executive
about a
person, means
Current as at 20 May 2013 Page
25
Ambulance Service Act 1991 Part 2 Queensland
Ambulance Service [s 18K] information about
the following made
or taken against
the person under
this Act
by the ambulance
service chief
executive or the commissioner—
(a) a current investigation into whether
the person should be disciplined; (b)
a
finding that the person should be disciplined; (c)
possible disciplinary action under
consideration; (d) disciplinary action, including a
disciplinary declaration. relevant Act means—
(a) the Public Service
Act 2008 ; or (b)
the Fire and Rescue Service Act
1990. this Act
includes a
disciplinary provision
of a code
of practice, including a code of practice
as in force from time to time before the commencement of this
section. 18K Information about disciplinary action
to be given to chief executive (1)
This
section applies if— (a) the chief
executive (the
ambulance service
chief executive
) asks the
chief executive
of another department
(the other chief executive ) for
disciplinary information that
the other chief
executive has
about a
person who is or was— (i)
a
public service employee; or (ii)
a
fire service officer; and (b) the
information is
reasonably necessary
for the ambulance
service chief
executive to
make a
decision about—
(i) the employment or
continued employment of
the person under section 13; or
(ii) a
disciplinary finding,
disciplinary action
or disciplinary declaration the
ambulance service
Page
26 Current as at 20 May 2013
Ambulance Service Act 1991
Part 2
Queensland Ambulance Service [s 18L]
chief executive
is considering in
relation to
the person under this Act.
(2) The other
chief executive
must give
the disciplinary information to
the ambulance service chief executive unless the other chief
executive is reasonably satisfied that giving the
information may
prejudice the
investigation of
a suspected contravention of
the law in a particular case. (3)
In
this section— disciplinary information , in relation to
a request made of the other chief executive about a person,
means information about the following made or taken against
the person under a public sector disciplinary law by the other
chief executive or another entity— (a)
a
current investigation into whether the person should be
disciplined; (b)
a
finding that the person should be disciplined; (c)
possible disciplinary action under
consideration; (d) disciplinary action, including a
disciplinary declaration. 18L Use of particular
information about disciplinary action obtained by chief
executive in another capacity (1)
This
section applies if— (a) under a
relevant Act,
the chief executive
has or has
access to disciplinary information about a
person who is or was— (i)
a
public service employee; or (ii)
a
fire service officer; and (b) the
information is
reasonably necessary
for the chief
executive to make a decision about—
(i) the appointment or
continued appointment of
the person under section 13; or
Current as at 20 May 2013 Page
27
Ambulance Service Act 1991 Part 2 Queensland
Ambulance Service [s 18M] (ii)
a disciplinary finding,
disciplinary action
or disciplinary declaration the
chief executive
is considering in relation to the person
under this Act. (2) Despite any other Act or law, the
chief executive may use the disciplinary information for
the purpose of
making the
decision mentioned in subsection
(1)(b). (3) In this section— disciplinary information means
information about
the following made
or taken against
the person under
a public sector
disciplinary law— (a) a current investigation into whether
the person should be disciplined; (b)
a
finding that the person should be disciplined; (c)
possible disciplinary action under
consideration; (d) disciplinary action, including a
disciplinary declaration. relevant Act means—
(a) the Public Service
Act 2008 ; or (b)
the Fire and Rescue Service Act
1990 . Subdivision 5 Other provisions
about disciplinary action etc. 18M
Suspension of service officer liable to
discipline (1) The chief executive may suspend a
service officer from duty if the chief executive reasonably
believes the officer is liable to discipline
under this Act. (2) The chief executive may cancel the
suspension at any time. 18N Procedure for
disciplinary action (1) In disciplining a
service officer
or former service
officer or
suspending a service officer, the chief
executive must comply Page 28 Current as at 20
May 2013
Ambulance Service Act 1991
Part 2
Queensland Ambulance Service [s 18O]
with
this Act, any relevant code of practice, and the principles
of
natural justice. (2) However, natural justice is not
required if the suspension is on normal
remuneration. (3) In this section— former
service officer
means a
person who
was a service
officer. 18O
Effect of suspension from duty
(1) This section applies to a service
officer suspended from duty under
this subdivision unless
the chief executive
decides otherwise. (2)
During the period of the suspension the
officer is entitled to normal remuneration, less any amount
earned by the officer from alternative employment that
the officer engages
in during the period. (3)
For
subsection (2), alternative employment does not include
employment if— (a)
the
officer was engaged in the employment at the time of
the
suspension; and (b) the officer’s
engaging in
the employment was
not in contravention of
this Act
or an obligation imposed
on the officer under a code of
conduct— (i) approved under the Public Sector
Ethics Act 1994 ; or (ii)
prescribed under
a directive of
the commission chief executive
under the Public Service Act 2008 .
(4) The deduction under subsection (2)
must not be more than the amount of the officer’s normal
remuneration during the period of the
suspension. (5) The continuity of the officer’s
service as a service officer is taken not to
have been broken only because of the suspension.
Current as at 20 May 2013 Page
29
Ambulance Service Act 1991 Part 2 Queensland
Ambulance Service [s 18P] 18P
Additional procedures for suspension or
termination (1) If the
chief executive
decides to
suspend or
terminate the
employment of a service officer, the chief
executive must give the officer notice of the suspension or
termination. (2) The notice must state—
(a) for a suspension— (i)
when
the suspension starts and ends; and (ii)
the
remuneration to which the officer is entitled for
the period of
the suspension, under
a decision mentioned in
section 18O(1) or, if no decision has been
made under
section 18O(1),
under section
18O(2); and (iii)
the
effect that alternative employment may, under section 18O,
have on the entitlement; or (b)
for
a termination—the day when it takes effect. Division 5
Other matters about the service
19 Fund (1)
The
Queensland Ambulance Service Fund is established.
(2) The Financial
Accountability Act 2009 applies to the fund.
(3) Accounts for the fund must be kept as
part of the departmental accounts of the department.
(4) Amounts received
for the fund
must be
deposited in
a departmental financial-institution account
of the department but may be
deposited in an account used for depositing other
amounts of the department.
(5) Amounts received for the fund include
the following received by the service— (a)
amounts received as charges for the use of
ambulance services; Page 30
Current as at 20 May 2013
Ambulance Service Act 1991
Part 2
Queensland Ambulance Service [s 22]
(b) amounts received by the department
from other sources for the fund or amounts that must be paid
into the fund; (c) amounts received
for the disposal
of an asset
that the
chief executive
considers was
purchased substantially with amounts
paid from the fund or the previous fund; (d)
interest from investment of the fund.
(6) An amount is payable from the fund for
the purposes of this Act. (7)
In
this section— departmental accounts
, of the
department, means
the accounts of the department under
the Financial Accountability Act 2009
,
section 69. departmental financial-institution account
, of the
department, means an account of the
department kept under the Financial
Accountability Act 2009 , section 83. other
amounts ,
of the department, means
amounts received
by
the department other than amounts received for the fund.
previous fund means the
Ambulance Service Fund mentioned in the
Financial Administration and Audit Act
1977 , schedule 2, immediately
before the commencement of this section. 22
Delegations (1)
The
chief executive may delegate the chief executive’s powers
under this
Act to the
commissioner or
an appropriately qualified
service officer. (2) The commissioner may delegate the
commissioner’s powers under this Act to an appropriately
qualified service officer. (3) In subsections
(1) and (2)— appropriately qualified
includes having
the qualifications, experience or
standing appropriate to exercise the power. Example of
standing — a person’s classification level in the
service Current as at 20 May 2013 Page
31
Ambulance Service Act 1991 Part 2 Queensland
Ambulance Service [s 23] 23
Requirement to report pool immersion
incident (1) This section
applies if
the service is
notified of
a pool immersion
incident. (2) The chief executive must ensure that,
within 5 business days after notification of the pool
immersion incident, the service gives
written notice
of the incident
to the chief
executive (health).
(3) The notice
must include
the following information to
the extent the service has it—
(a) the name and date of birth of the
young child to whom the pool immersion incident relates;
(b) the date the pool immersion incident
happened; (c) the address of the child’s
parents; (d) the address
where the
pool immersion
incident happened.
(4) In this section— chief
executive (health)
means the
chief executive
of the department in
which the
Hospital and
Health Boards
Act 2011 is
administered. pool immersion
incident means
an event involving
the immersion or partial immersion of a
young child under water in a swimming pool, if because of the
immersion or partial immersion— (a)
the
child has died; or (b) the child
has been deprived
of air and
the health or
wellbeing of the child has been adversely
affected. swimming pool means a swimming
pool as defined under the Building Act 1975 , schedule
2. young child means an
individual who is under 5 years. Page 32
Current as at 20 May 2013
Part
4 Ambulance Service Act 1991
Part 4
Local ambulance committees [s 26] Local ambulance
committees Division 1 Establishment
and functions of committees 26
Establishment of committees
(1) The Minister
may authorise the
establishment of
local ambulance
committees. (2) A local ambulance committee is to be
called ‘(name of area) local ambulance committee’.
(3) A claim
or proceeding by
or against a
committee may
be made and enforced by a proceeding by
or against a committee in the name of the committee.
27 Functions of committees
The
functions of a committee are— (a)
to liaise between
the community it
represents and
the service; and (b)
to
promote community participation in and awareness of
ambulance services; and (c)
to provide advice
to the commissioner in
respect of
ambulance services in the community it
represents; and (d) to undertake
fundraising activities for
the benefit of
ambulance services in the community it
represents; and (e) to manage
money held
on trust for
the benefit of
ambulance services in the community it
represents; and (f) such other functions as the Minister
agrees to. Current as at 20 May 2013 Page
33
Ambulance Service Act 1991 Part 4 Local
ambulance committees [s 28] Division 2
Conduct of business and membership of
committees 28 Conduct of business
(1) Subject to
its constitution, a
committee may
conduct its
business, including
its meetings, in
the way it
considers appropriate. (2)
Any
matter not conducted by a committee in accordance with
its
constitution or the Minister’s directions is invalid.
29 Members of committees
(1) Adults who permanently reside or work
in the area served, or to be served, by a committee may, at a
general meeting called for the purpose, elect the committee’s
members. (2) A person who— (a)
does not
permanently reside
in the area
served by
a committee; or (b)
is
not an adult; or (c) is a service officer; or
(d) is an undischarged bankrupt or takes
advantage of the laws in force for the time being relating to
bankruptcy; or (e) has been or is
convicted in Queensland of an indictable offence or has
been or is convicted elsewhere in respect of an act or
omission that if done or made by that person in
Queensland would
have constituted an
indictable offence;
is not to
be elected as
or to continue
to be a
member of
a committee. (2A)
Also, a person is not eligible to be a
member of a committee while the person is a member of
another committee. (3) Each committee is to consist
of— Page 34 Current as at 20
May 2013
Ambulance Service Act 1991
Part 4
Local ambulance committees [s 29A] (a)
a
president; and (b) a vice-president; and
(c) a secretary; and (d)
a
treasurer; and not less than 1 and not more than 11
other members. (3A) Despite
subsection (3), a committee may consist of more than
11 other members
if the Minister
is satisfied additional members are
required to ensure the community is adequately represented on
the committee. (4) Nominations for election to a
committee are to be sought, in the way stated
in the committee’s constitution, from members of the
public. (5) The election
of members is
to be conducted
in accordance with the
committee’s constitution. (6) Members of a
committee elected under this section hold office
in
accordance with the committee’s constitution or for such
longer period
as the Minister
may, in
a particular case,
specify. (7)
A
member of a committee must at all times act honestly in the
exercise of the powers and the performance
of duties that he or she has as a member of a
committee. (8) A member
of a committee
must not
make improper
use of their
office or
position to
gain, directly
or indirectly, an
advantage for himself, herself or any other
person, or to cause detriment to the committee.
(9) The Minister
may remove a
member of
a committee from
office if
the Minister is
satisfied it
would be
in the public
interest to do so and has consulted the
committee about the removal. 29A
Dealing with vacancy in office of a
member (1) This section
applies if
a vacancy arises
in the office
of a member of a
committee (the first member ).
Current as at 20 May 2013 Page
35
Ambulance Service Act 1991 Part 4 Local
ambulance committees [s 30] (2)
Despite section
29(1), the
remaining members
of the committee
may appoint a
person who
is eligible to
be a member
of a committee
(a replacement member
) to the
office. (3)
Subject to
section 29(2),
(2A) and
(9) and section
35, a replacement
member holds office for the balance of the first
member’s term of office. 30
Liability of members (1)
A
member of a committee is liable to repay to the committee
any
money that member— (a) improperly used; or
(b) spent without the authorisation of or
ratification by the committee. (2)
The committee may
recover any
money referred
to in subsection (1)
by action in
any court of
competent jurisdiction,
from the member who improperly used it or spent it without
authorisation or ratification. 31
Protection of members (1)
The members of
a committee are
not personally liable
to contribute toward the payment of debts
and liabilities of, or any judgment against, the
committee. (2) Subsection (1)
does not
apply in
respect of
a personal guarantee
given by
a member of
a committee in
respect of
arrangements by a committee.
Division 3 Other matters
about committees 31A Minister may approve or amend
constitution (1) The Minister may approve a
constitution for the conduct of a committee’s
business. Page 36 Current as at 20
May 2013
Ambulance Service Act 1991
Part 4
Local ambulance committees [s 31B] (2)
Without limiting subsection (1), the
constitution may provide for the following— (a)
the
election of committee members; (b)
the
term of office of a committee member; (c)
the
times and places of committee meetings; (d)
the
quorum for meetings; (e) other
matters the
Minister considers
relevant to
the conduct of a committee’s
business. (3) The Minister
may amend the
constitution approved
under subsection
(1). (4) The constitution as approved and
amended from time to time under this section is the constitution
for each committee. 31B Commissioner to give constitution to
committees (1) The commissioner must give a copy of
the constitution to each committee as
soon as
practicable after
it is approved
under section
31A(1). (2) Also, if a committee is established
after the commencement of this section,
the commissioner must
give a
copy of
the constitution to the committee as soon
as practicable after it is established. (3)
If the Minister
amends the
constitution, the
commissioner must,
as soon as
practicable after
it is amended,
give each
committee— (a)
a
written notice stating the amendment; or (b)
a
copy of the amended constitution. 32
Committees are statutory bodies
(1) Under the
Statutory Bodies
Financial Arrangements Act
1982 , a committee is
a statutory body. (2) The Statutory Bodies
Financial Arrangements Act 1982 , part
2B
sets out the way in which a committee’s powers under this
Current as at 20 May 2013 Page
37
Ambulance Service Act 1991 Part 4 Local
ambulance committees [s 33] Act
are affected by
the Statutory Bodies
Financial Arrangements Act
1982 . 33 Application of
laws The Collections Act
1966 does not apply
to the fundraising activities of or the collecting of donations
by a committee. 34 Investigations (1)
The Minister may
at any time
cause an
investigation to
be made into
any committee, including
the exercise by
that committee of its
functions and the application of its funds. (2)
The
Minister may appoint a person to make the investigation
on
his or her behalf. (3) Officers of
the committee are
to produce to
the person conducting the
investigation all documents of the committee requested by the
person conducting the investigation. (4)
At
the conclusion of an investigation the person conducting
the
investigation is to make a written report to the Minister.
35 Dissolution of committees
The
Minister may dissolve a committee if— (a)
the
committee has voted that it should be dissolved and
has
requested the Minister to dissolve it; or (b)
in the opinion
of the Minister,
it has exhibited
gross neglect of its
functions, finances or administration; or (c)
the Minister is
satisfied it
would be
desirable in
the public interest to do so.
36 Effect of dissolution
If a
committee is dissolved under section 35, the funds of the
committee vest
in the State
on trust for
the community represented by
the committee. Page 38 Current as at 20
May 2013
Part
4A Ambulance Service Act 1991
Part
4A Root cause analyses [s 36A] Root cause
analyses Division 1 Preliminary 36A
Definitions for pt 4A In this
part— chain of events document see section
36G(2). commissioning authority see section
36E. coroner see the
Coroners Act 2003 , schedule
2. notice means written
notice. RCA report see section
36G(1). RCA team means a group of
persons appointed under section 36E.
relevant person —
(a) for the
commissioning authority, means
a person who
provides administrative or
secretarial services
to the authority to
help it exercise its powers under this part; or (b)
for
an RCA team, means a person— (i)
who
provides administrative or secretarial services to the RCA team;
or (ii) who advises the
RCA team about— (A) conducting an RCA of a reportable
event; or (B) preparing an RCA report or chain of
events document for a reportable event.
reportable event —
(a) generally, means any of the following
events that happen while an
ambulance service
is being provided
to a person—
(i) the death
of the person,
or permanent injury
suffered by the person, while giving
birth; Current as at 20 May 2013 Page
39
Ambulance Service Act 1991 Part 4A Root cause
analyses [s 36B] (ii)
the death of
the person caused
by the incorrect
management of the person’s
medication; (iii) the
death of
the person, or
neurological damage
suffered by the person, caused by an
intravascular gas embolism; (iv)
the death of
the person, or
permanent loss
of function suffered
by the person,
unrelated to
the natural course
of the person’s
medical condition
for
which he or she was receiving the ambulance service;
(v) the death
of the person,
or permanent injury
suffered by
the person, contributed to
by an unreasonable delay
in the provision
of the ambulance
service or a failure to meet recognised standards for
providing the ambulance service; (vi)
the wrong procedure
being performed
on the person
or a procedure
being performed
on the wrong part of
the person’s body; or (b) in
relation to
an RCA report
or chain of
events document,
means the
reportable event
to which the
report or document relates.
36B Meaning of root
cause analysis
(1) Root cause analysis
or RCA , of a
reportable event, means a systematic process of analysis under
which— (a) factors that
contributed to
the happening of
the event may be
identified; and (b) remedial measures that could be
implemented to prevent a recurrence of a similar event may be
identified. (2) However, a root cause
analysis or RCA of a reportable
event does not include— (a)
investigating the professional competence of
a person in relation to the event; or
Page
40 Current as at 20 May 2013
Ambulance Service Act 1991
Part
4A Root cause analyses [s 36C] (b)
finding out
who is to
blame for
the happening of
the event. 36C
Purpose of pt 4A The purpose of
this part is to facilitate the use of root cause
analyses by the Queensland Ambulance Service
as a quality improvement technique
to assess and
respond to
reportable events
that happen
while ambulance
services are
being provided.
36D Guiding principles for conduct of RCA
of reportable event The principles
intended to guide the conduct of an RCA of a reportable event
are the following— (a) reporting and
acknowledging errors
happening while
ambulance services are being provided are
encouraged if people do not fear blame or
reprisal; (b) people involved in providing ambulance
services should be accountable for their actions;
(c) the focus
of the RCA
should be
on identifying and
improving the policies, procedures or
practices relating to the provision
of the ambulance
service that
contributed to the happening of the event,
rather than on the conduct of individuals;
(d) participation in the RCA should be
voluntary; (e) the benefits
of conducting the
RCA will be
maximised— (i)
in
an environment oriented towards learning from analysing the
event; and (ii) if the RCA is
conducted in a timely way; (f) teamwork,
good communication and
sharing of
information by people involved in providing
ambulance services should be fostered.
Current as at 20 May 2013 Page
41
Ambulance Service Act 1991 Part 4A Root cause
analyses [s 36E] Division 2
RCA
teams 36E Appointment of RCA team
The commissioner (the
commissioning authority
) may appoint persons
to be members of an RCA team to conduct an RCA of a
reportable event. 36F Requirements for appointment
(1) Before appointing persons to be
members of an RCA team to conduct an
RCA of a
reportable event,
the commissioning authority must
be satisfied that— (a) the persons— (i)
have the
appropriate skills,
knowledge and
experience to conduct an RCA of the event,
having regard to the nature of the event;
and (ii) were
not directly involved
in providing the
ambulance service
during the
provision of
which the event
happened; and (b) the conduct by the proposed RCA team
of an RCA of the event would
be assisted by
the provision of
immunities and
protections provided
to persons under
divisions 5 and 6; and (c)
the
potential benefit in disclosing relevant information is
outweighed by
the potential benefit
of restricting disclosure of
the information under division 5. (2)
In
this section— relevant information means
information that
will be
compiled by
the proposed RCA
team in
the conduct of
an RCA of the reportable event.
Page
42 Current as at 20 May 2013
Division 3 Reporting
Ambulance Service Act 1991
Part
4A Root cause analyses [s 36G] 36G
RCA
team’s report and chain of events document (1)
An
RCA team must, as soon as practicable after conducting
an RCA of
a reportable event,
prepare a
report (the
RCA report ) stating the
following— (a) a description of the event;
(b) a statement
of the factors
the RCA team
considers contributed to
the happening of the event; (c)
any recommendations about
changes or
improvements in
a policy, procedure
or practice relating
to the provision
of ambulance services,
to reduce the
likelihood of,
or prevent, the
same type
of event happening
again during
the provision of
ambulance services.
(2) In addition to the RCA report, the RCA
team may prepare a document (the
chain of
events document
) that details,
or pictorially represents, the
chain of
events identified by
the RCA team as having led to the
happening of the reportable event.
(3) The RCA report or chain of events
document must not contain the name or address of—
(a) a person involved in providing the
relevant ambulance service; or (b)
the
person who received the relevant ambulance service;
or (c) a member of the
RCA team. (4) In this section— relevant
ambulance service
means the
ambulance service
during the provision of which the reportable
event happened. Current as at 20 May 2013 Page
43
Ambulance Service Act 1991 Part 4A Root cause
analyses [s 36H] 36H
Reporting to commissioning authority
(1) The RCA team must, as soon as
practicable after preparing the
RCA report, give
the report to
the commissioning authority. (2)
If
the RCA team prepares a chain of events document for the
reportable event, it must at the time of
giving the RCA report under subsection (1)
also give
the document to
the commissioning authority.
Division 4 Stopping conduct
of RCA of reportable event 36I
Definition for div 4 In this
division— blameworthy act means any of the
following— (a) an intentionally unsafe act;
(b) deliberate abuse
of a person
receiving an
ambulance service;
(c) conduct that constitutes a criminal
offence. 36J Stopping conduct of RCA of reportable
event—RCA team (1) This section
applies if,
while conducting an
RCA of a
reportable event,
the RCA team
conducting the
RCA reasonably believes—
(a) the event involves a blameworthy act;
or (b) the capacity of a person who was
directly involved in providing the relevant ambulance
service to safely and effectively provide the service was
impaired by alcohol consumed, or a drug taken, by the
person. (2) The RCA team must— (a)
stop
conducting the RCA; and Page 44 Current as at 20
May 2013
Ambulance Service Act 1991
Part
4A Root cause analyses [s 36K] (b)
give
notice to the commissioning authority that the RCA
team
has stopped conducting the RCA. (3)
For
subsection (2)(b), the notice— (a)
must
be in the form approved by the chief executive; and
(b) must not contain any information about
why the RCA team stopped conducting the RCA.
(4) In this section— relevant
ambulance service
means the
ambulance service
during the provision of which the reportable
event happened. 36K Stopping conduct of RCA of
reportable event—commissioning authority
(1) This section applies if—
(a) the commissioning authority
has appointed persons
to be members of an RCA team to conduct
an RCA of a reportable event; and (b)
the
commissioning authority— (i) receives
information that leads the commissioning authority to
reasonably believe— (A) the event involves a blameworthy act;
or (B) the capacity
of a person
who was directly
involved in providing the relevant
ambulance service to safely and effectively provide
the service was impaired by alcohol
consumed, or a drug taken, by the person; or
(ii) becomes aware
that a relevant entity has started an investigation or
assessment of, or enquiry into, the event; or
(iii) later comes to
the view that the event the basis of the appointment
is not a reportable event. (2) If
subsection (1)(b)(i)
or (iii) applies,
the commissioning authority must,
by notice given to the RCA team, direct it to stop conducting
the RCA. Current as at 20 May 2013 Page
45
Ambulance Service Act 1991 Part 4A Root cause
analyses [s 36L] (3)
If subsection (1)(b)(ii) applies,
the
commissioning authority may,
by notice given
to the RCA
team, direct
it to stop
conducting the RCA. (4)
For
subsection (2) or (3), the notice given to the RCA team
must
be in the form approved by the chief executive. (5)
Before acting
under subsection (3),
the commissioning authority may
consult with any relevant entity. (6)
In
this section— relevant ambulance
service means
the ambulance service
during the provision of which the reportable
event happened. relevant entity means—
(a) the Health Quality and Complaints
Commission; or (b) a coroner; or (c)
a board under
the Health Practitioner Regulation National Law;
or (d) the commissioner of the police
service; or (e) another entity
that has
the power under
an Act of
the State, the Commonwealth or another
State to investigate the event. Division 5
Disclosure or release of information
36L Definitions for div 5
In
this division— excluded notifiable conduct
, for a
registered health
practitioner, means the practitioner
has— (a) practised the practitioner’s
profession while intoxicated by alcohol or
drugs; or (b) practised the
practitioner’s profession in
a way that
constitutes a
significant departure
from accepted
professional standards but not in a way that
placed the public at risk of substantial harm;
or Page 46 Current as at 20
May 2013
Ambulance Service Act 1991
Part
4A Root cause analyses [s 36M] (c)
engaged in
sexual misconduct in
connection with
the practice of the practitioner’s
profession. impairment see
the Health Practitioner Regulation National
Law
(Queensland), section 5. information includes a
document. medical director means the
Queensland Ambulance Service officer with the
title ‘medical director’ or, if from time to time
the
title is changed, the changed title. National
Agency see
the Health Practitioner Regulation National Law
(Queensland), section 5. public risk
notifiable conduct
, for a
registered health
practitioner, means the practitioner
has— (a) placed the
public at
risk of
substantial harm
in the practitioner’s practice
of the profession because
the practitioner has an impairment;
or (b) placed the public at risk of
substantial harm because the practitioner has
practised the
profession in
a way that
constitutes a
significant departure
from accepted
professional standards. registered
health practitioner means an individual who— (a)
is registered under
the Health Practitioner Regulation National Law to
practise a health profession, other than as a student;
or (b) holds non-practising registration under
the Health Practitioner Regulation National
Law in a
health profession. 36M
Disclosure of information—RCA team member or
relevant person (1)
A
person who is or was a member of an RCA team must not
disclose to someone else information
acquired by the person as a member of the RCA team, other
than for the purpose (an authorised purpose ) of—
Current as at 20 May 2013 Page
47
Ambulance Service Act 1991 Part 4A Root cause
analyses [s 36M] (a)
the
RCA team conducting an RCA of a reportable event;
or (b) the
RCA team preparing
an RCA report
or chain of
events document; or (c)
the
RCA team giving the commissioning authority— (i)
an
RCA report or chain of events document under section 36H;
or (ii) a notice under
section 36J; or (d) if the
person is
a registered health
practitioner—notifying the
National Agency
about information in
relation to
a reasonable belief
of the person
that another
registered health
practitioner has
behaved in a way that constitutes public
risk notifiable conduct. Maximum
penalty—50 penalty units. (2) Also, a person
who is or was a relevant person for an RCA team must not
disclose to someone else information acquired by the person as
a relevant person for the RCA team, other than for an
authorised purpose. Maximum penalty—50 penalty units.
(3) If information that may be disclosed
under subsection (1) or (2) for an authorised purpose is
information to which section 49(1) applies,
the information is for the purposes of section 49(2)(a)
information that is expressly authorised or permitted
to
be given under this Act. (4) In this
section— information includes—
(a) the identity of a member of the RCA
team; and (b) information from
which a
member of
the RCA team
could be identified. Page 48
Current as at 20 May 2013
Ambulance Service Act 1991
Part
4A Root cause analyses [s 36N] 36N
Disclosure of information—commissioning
authority or relevant person (1)
A
person who is or was the commissioning authority must not
disclose to
someone else
information contained
in an RCA
report or chain of events document, or give
someone else a copy of an RCA report or chain of events
document, received by the person under section 36H, other
than— (a) as required or permitted under
sections 36O to 36S; or (b) as permitted
under subsection (2). Maximum penalty—50 penalty
units. (2) The commissioning authority may give a
safety and quality report prepared by the commissioning
authority to an entity with responsibilities for the
management of safety initiatives and programs for
the Queensland Ambulance Service. (3)
Also, a
person who
is or was
the commissioning authority
must
not disclose to someone else— (a)
the
identity of a member of an RCA team; or (b)
information from
which a
member of
the RCA team
could be identified. Maximum
penalty—50 penalty units. (4) Subsections (1)
and (3) do
not apply to
the disclosure of
information by the commissioning authority
that is necessary or incidental to
the exercise by
the authority of
its powers under this
part. (5) Also, a
person who
is or was
a relevant person
for the commissioning authority
must not
disclose to
someone else
information acquired by the person as a
relevant person for the authority. Maximum
penalty—50 penalty units. (6) Subsection (5)
does not apply to the disclosure of information by a relevant
person for the commissioning authority for the purpose of
helping the authority exercise its powers under this
part. Current as at 20
May 2013 Page 49
Ambulance Service Act 1991 Part 4A Root cause
analyses [s 36NA] (7)
If information that
may be disclosed
under this
section is
information to which section 49(1) applies,
the information is for the purposes
of section 49(2)(a)
information that
is expressly authorised or permitted to
be given under this Act. (8) This section
does not authorise the attachment of a copy of an
RCA report or
chain of
events document
to a safety
and quality report. (9)
In
this section— safety and quality report
means a report about the safety and
quality of
the ambulance service
to which an
RCA report relates
that is
based on
information contained
in the RCA
report. 36NA
Information about excluded notifiable
conduct (1) This section applies for the purpose
of the Health Practitioner Regulation National Law (Queensland),
section 141(4)(d). (2) An RCA team is an approved body under
this Act. (3) Subsection (4) applies if—
(a) a person is or was a member of an RCA
team; and (b) the person is a registered health
practitioner; and (c) the person
forms a
reasonable belief
that another
registered health practitioner has behaved
in a way that constitutes excluded notifiable conduct;
and (d) the information that
forms the
basis of
the reasonable belief
was acquired while
the person was
exercising functions as a
member of the RCA team. (4) The person must
not disclose the information that forms the basis of the
reasonable belief. Page 50 Current as at 20
May 2013
Ambulance Service Act 1991
Part
4A Root cause analyses [s 36O] 36O
Release of information to Health Quality and
Complaints Commission The
commissioning authority
must, as
soon as
practicable after
receiving an
RCA report under
section 36H,
give the
Health Quality and Complaints
Commission— (a) a copy of the report; and
(b) details of the place where the
reportable event happened. 36P Giving of copy of
RCA report or chain of events document—medical
director (1) The commissioning authority may give a
copy of each RCA report or chain of events document received
by the authority under section 36H to the medical director
for an authorised purpose. (2)
At
the time of giving a copy of an RCA report or chain of
events document to the medical director
under section 36H, the commissioning authority
must also
give the
medical director—
(a) details of the reportable event;
and (b) details of the place where the event
happened. (3) The medical director—
(a) must not
give a
copy of
the report or
document to
anyone else, other than a person who
performs functions relating to
the authorised purpose
for the medical
director; and (b)
must
not disclose any information contained in the copy
of
the report or document, or information mentioned in
subsection (2),
to anyone else
other than
for the authorised
purpose for which the copy of the report or document was
given; and (c) must not use the copy of the report or
document, and the information mentioned in subsection (2),
other than for the authorised purpose for which the copy of
the report or document was given. Current as at 20
May 2013 Page 51
Ambulance Service Act 1991 Part 4A Root cause
analyses [s 36Q] Maximum
penalty—50 penalty units. (4) A
person who
performs functions
relating to
the authorised purpose for the
medical director— (a) must not
give a
copy of
the report or
document to
anyone else; and (b)
must
not disclose any information contained in the copy
of
the report or document, or information mentioned in
subsection (2),
to anyone else
other than
for the authorised
purpose for which the copy of the report or document was
given; and (c) must not use the copy of the report or
document, and the information mentioned in subsection (2),
other than for the authorised purpose for which the copy of
the report or document was given. Maximum
penalty—50 penalty units. (5) An authorised
purpose mentioned in subsection (3)(b) or (c) or subsection
(4)(b) or (c) does not include the disclosure of
information contained in the copy of the RCA
report or chain of events document, or information mentioned
in subsection (2), that may lead to the identification
of— (a) a person involved in providing the
relevant ambulance service; or (b)
the
person who received the relevant ambulance service.
(6) In this section— authorised
purpose means a purpose relating to the
planning, implementation, management and
evaluation of
safety initiatives and
programs for
the Queensland Ambulance
Service. relevant
ambulance service
means the
ambulance service
during the provision of which the reportable
event happened. 36Q Giving of copy of RCA report
etc.—investigation under the Coroners Act 2003
(1) This section applies if—
Page
52 Current as at 20 May 2013
Ambulance Service Act 1991
Part
4A Root cause analyses [s 36Q] (a)
a
coroner is investigating the death of a person; and
(b) the death is a reportable event that
happened while an ambulance service was being provided to the
person. (2) This section also applies if—
(a) a coroner is investigating the death
of a person; and (b) the coroner
considers that
a reportable event
that happened
while an
ambulance service
was being provided
to the person
may be relevant
to the investigation;
and (c) the event is not the death.
(3) If the
coroner, or
a police officer
helping the
coroner to
investigate the
death, asks
the commissioning authority
whether an RCA team has conducted or is
conducting an RCA of the reportable event,
the commissioning authority
must respond to the
query as soon as practicable. Maximum
penalty—50 penalty units. (4) Subsection (5)
applies if— (a) an RCA of the reportable event has
been conducted by an RCA team; and (b)
an
RCA report relating to the event has been given under
section 36H to the commissioning authority;
and (c) the commissioning authority
has under subsection (3)
received a
query from
the coroner or
a police officer
helping the coroner to investigate the
death. (5) The commissioning authority
must— (a) if the
commissioning authority
received the
report before receiving
the query under subsection (3)—give a copy
of the report
to the coroner
or police officer
as soon as practicable after receiving
the query; or (b) if the
commissioning authority
had not received
the report before
receiving the
query under
subsection (3)—give a copy
of the report to the coroner or police officer as soon
as practicable after receiving the report. Current as at 20
May 2013 Page 53
Ambulance Service Act 1991 Part 4A Root cause
analyses [s 36R] Maximum
penalty—50 penalty units. (6) Subsection (7)
applies if— (a) an RCA has been started by an RCA team
in relation to the reportable event; and
(b) the RCA team has, under
section 36J(2)
or 36K(2) or
(3),
stopped conducting the RCA; and (c)
the commissioning authority
has under subsection (3)
received a
query from
the coroner or
a police officer
helping the coroner to investigate the
death. (7) The commissioning authority
must— (a) if the RCA team stopped conducting the
RCA before the commissioning authority
received the
query under
subsection (3)—give the coroner or police
officer a stop notice as soon as practicable after
receiving the query; or (b)
otherwise—give the
coroner or
police officer
a stop notice as soon
as practicable. (8) In this section— stop
notice means a notice stating— (a)
if the RCA
team stopped
conducting the
RCA under section
36J(2)—that fact; or (b) if the RCA team
stopped conducting the RCA because of
a direction given
by the commissioning authority
under section 36K(2) or (3)—
(i) that fact; and (ii)
the
reasons for giving the direction. 36R
Giving of information to Minister or chief
executive (1) The Minister or chief executive may,
in relation to an RCA of a reportable event, ask the
commissioning authority— (a) whether
an RCA report
has been received
by the authority under
section 36H; and Page 54 Current as at 20
May 2013
Ambulance Service Act 1991
Part
4A Root cause analyses [s 36S] (b)
if an RCA
report has
been received
by the authority
under section 36H—for a copy of the
report. (2) The authority
must comply
with the
request as
soon as
practicable. 36S
Giving of copy of, or information contained
in, RCA report—person who has sufficient personal
or professional interest The
commissioning authority
may give a
copy of
an RCA report
received by
the authority under
section 36H,
or information contained
in the report,
to a person
who the authority
reasonably believes
has a sufficient personal
or professional interest in the
reportable event. 36T Information not to be given in
evidence (1) A stated person is neither competent
nor compellable— (a) to produce
in a proceeding, or
in compliance with
a requirement under
an Act or
legal process,
any document in
the person’s possession or
under the
person’s control created—
(i) by, or at the request of, a person
under this part; or (ii) solely for the
conduct of an RCA of a reportable event; or
(b) to divulge
or communicate in
a proceeding, or
in compliance with
a requirement under
an Act or
legal process,
information that came to the person’s notice as a stated
person. Example —
Under subsection
(1), a stated
person is
neither competent
nor compellable to produce a document or
give information mentioned in paragraph (a) or
(b) of the subsection to an authorised person under a
notice given
to the stated
person under
the Health Quality
and Complaints Commission Act 2006
,
section 123. Current as at 20 May 2013 Page
55
Ambulance Service Act 1991 Part 4A Root cause
analyses [s 36U] (2)
Subsection (1)
does not
apply to
a requirement made
in proceedings for an alleged offence
against this part or section 49 by the stated
person. (3) In this section— information includes—
(a) the identity of a member of an RCA
team; and (b) information from
which a
member of
an RCA team
could be identified. stated
person means
a person who
is or was
any of the
following— (a)
a
member of an RCA team; (b) the
commissioning authority; (c) a
relevant person
for an RCA
team or
the commissioning authority;
(d) a person
who performs functions
for the medical
director. 36U
Information provider can not be compelled to
give particular information in evidence
A
person can not be compelled to divulge or communicate in
a
proceeding, or in compliance with a requirement under an
Act
or legal process, any of the following information—
(a) whether or not the person gave
information to an RCA team for its conduct of an RCA of a
reportable event; (b) what information the person gave to an
RCA team for its conduct of an RCA of a reportable
event; (c) information given by the person to an
RCA team that was created by the person or another person
solely for its conduct of an RCA of a reportable
event; (d) information the
person was
given, or
questions the
person was asked, by an RCA team during its
conduct of an RCA of a reportable event.
Page
56 Current as at 20 May 2013
Division 6 Protections Ambulance Service
Act 1991 Part 4A Root cause analyses
[s
36V] 36V Protection from liability
(1) A person
who is or
was a member
of an RCA
team, or
relevant person for an RCA team, is not
civilly liable for an act done, or omission made, honestly
and without negligence under this part. (2)
Without limiting
subsection (1),
if the act
or omission involves giving
information— (a) in a proceeding for defamation, the
person has a defence of absolute privilege for publishing
the information; and (b) if the person
would otherwise be required to maintain confidentiality about
the information given
under an
Act,
oath, or rule of law or practice, the person— (i)
does
not contravene the Act, oath, or rule of law or practice by
giving the information; and (ii)
is not liable
to disciplinary action
for giving the
information. (3)
If a person
who is or
was a member
of an RCA
team, or
relevant person for an RCA team, incurs
costs in defending proceedings relating to a liability against
which the person is protected under this section, the person
must be indemnified by the State. 36W
Giving of information protected
(1) This section
applies to
a person who
honestly and
on reasonable grounds gives information
to an RCA team, or a relevant person for an RCA team, for
the RCA team’s conduct of an RCA of a reportable
event. Examples of persons who may give information
under subsection (1) — • the commissioning
authority • a relevant person for the
commissioning authority Current as at 20 May 2013
Page
57
Ambulance Service Act 1991 Part 4A Root cause
analyses [s 36X] (2)
The person is
not subject to
any liability for
giving the
information and no action, claim or demand
may be taken or made of or against the person for giving the
information. (3) Also, merely
because the
person gives
the information, the
person can not be held to have—
(a) breached any code of professional
etiquette or ethics; or (b) departed
from accepted
standards of
professional conduct.
(4) Without limiting subsections (2) and
(3)— (a) in a proceeding for defamation, the
person has a defence of absolute privilege for publishing
the information; and (b) if the person
would otherwise be required to maintain confidentiality
about the information under an Act, oath, or rule of law
or practice, the person— (i) does not
contravene the Act, oath, or rule of law or practice by
giving the information; and (ii)
is not liable
to disciplinary action
for giving the
information. 36X
Reprisal and grounds for reprisals
(1) A person
must not
cause, or
attempt or
conspire to
cause, detriment
to another person
because, or
in the belief
that, anybody has
provided, or may provide, assistance to an RCA team in its
conduct of an RCA of a reportable event. (2)
An
attempt to cause detriment includes an attempt to induce a
person to cause detriment.
(3) A contravention of subsection (1) is a
reprisal or the taking of a reprisal. (4)
A ground mentioned
in subsection (1)
as the ground
for a reprisal is the
unlawful ground for the reprisal. (5)
For
the contravention to happen, it is sufficient if the
unlawful ground is a substantial ground for the act
or omission that is Page 58 Current as at 20
May 2013
Ambulance Service Act 1991
Part
4A Root cause analyses [s 36Y] the
reprisal, even
if there is
another ground
for the act
or omission. 36Y
Offence for taking reprisal
(1) A person who takes a reprisal commits
an offence. Maximum penalty—167 penalty
units or
2 years imprisonment. (2)
The
offence is a misdemeanour. 36Z Damages
entitlement for reprisal (1) A reprisal is a
tort and a person who takes a reprisal is liable in
damages to any person who suffers detriment
as a result. (2) Any appropriate remedy that may be
granted by a court for a tort may be granted by a court for the
taking of a reprisal. (3) If the claim for
damages goes to trial in the Supreme Court or the
District Court,
it must be
decided by
a judge sitting
without a jury. Division 7
Miscellaneous 36ZA
Application of provisions of this
part If the commissioning authority acts or
purports to act under section 36E and it transpires the
event the basis of the action is not a reportable
event, the provisions of this part apply as if the event were a
reportable event. 36ZB RCA report not admissible in
evidence (1) An RCA
report is
not admissible in
evidence in
any proceedings, including, for
example— (a) a civil proceeding; or
(b) a criminal proceeding; or
Current as at 20 May 2013 Page
59
Ambulance Service Act 1991 Part 5
Administration and powers [s 36ZC] (c)
a
disciplinary proceeding under the Health
Practitioners (Disciplinary Proceedings) Act
1999 or
the Health Practitioner
Regulation National Law. (2) However, a copy
of an RCA report given to a coroner under section 36Q may
be admitted in evidence by a coroner in an inquest
under the
Coroners Act
2003 into
the death of
a person— (a)
if
section 36Q(1) applies—if the reportable event is the
death; or (b)
if section 36Q(2)
applies—if the
reportable event
happened while
an ambulance service
was being provided to the
person. (3) Subsection (1) applies subject to
section 36T(2). 36ZC Review of pt 4A (1)
The Minister must,
before the
second anniversary of
the commencement of section 36E, start a
review of this part to ensure it is adequately meeting
community expectations and its provisions remain
appropriate. (2) The Minister must, as soon as
practicable after the review is finished, cause
a report of the outcome of the review to be laid
before the Legislative Assembly.
Part
5 Administration and powers
37 Authorised officers
The
commissioner may authorise a service officer, or service
officers of a class of service officers, to
exercise— (a) all the
powers conferred
by this Act
on an authorised officer;
or Page 60 Current as at 20
May 2013
Ambulance Service Act 1991
Part 5
Administration and powers [s 38] (b)
any
power or class of power conferred by this Act on an
authorised officer. 38
Powers of authorised officers
(1) An authorised officer, in providing
ambulance services, may take any reasonable measures—
(a) to protect persons from any danger or
potential danger associated with an emergency situation;
and (b) to protect persons trapped in a
vehicle, receptacle, vessel or otherwise
endangered; and (c) to protect themselves or other
officers or persons from danger, potential danger or assault
from other persons. (2) Without limiting the measures that may
be taken for a purpose specified in
subsection (1)(a)
or (b), an
authorised officer
may,
for that purpose— (a) enter any premises, vehicle or vessel;
and (b) open any receptacle, using such force
as is reasonably necessary; and (c)
bring any apparatus or equipment onto
premises; and (d) remove from
or otherwise deal
with, any
article or
material in the area; and
(e) destroy (wholly
or partially) or
damage any
premises, vehicle, vessel
or receptacle; and (f) cause the gas or electricity supply or
motor or any other source of
energy to
any premises, vehicle,
vessel or
receptacle to be shut off or disconnected;
and (g) request any
person to
take all
reasonable measures
to assist the authorised officer;
and (h) administer such
basic life
support and
advanced life
support procedures as
are consistent with
the training and
qualifications of the authorised officer. (3)
Without limiting the measures that may be
taken for a purpose specified in subsection (1)(c), an
authorised officer may, for Current as at 20 May 2013
Page
61
Ambulance Service Act 1991 Part 5
Administration and powers [s 39] that purpose,
require any person not to enter into or remain within
a specified area
around the
site of
the danger to
a patient. 39
Protection from certain liability
(1) The State
is to indemnify
every service
officer against
all actions, proceedings and claims in
relation to— (a) acts done, or omitted to be done, by
the officer under section 38; or (b)
acts
done, or omitted to be done, by the officer in good
faith for the purposes of section 38.
(2) For the purposes of subsection (1), a
service officer includes a person required under section 38(2)(g)
to assist an authorised officer. 40
Power
to accept gifts etc. (1) The State and
each committee may acquire, for any purpose connected
with— (a) the provision of ambulance services;
or (b) any of its functions;
any
property by gift, devise or bequest and may agree to carry
out
the conditions of the gift, devise or bequest. (2)
If
the gift, devise or bequest is of property other than money
and
is given or made to a committee, the property vests in the
State on trust for the committee.
41 Codes of practice (1)
The commissioner may
issue codes
of practice, not
inconsistent with this Act, relating
to— (a) the functions, powers,
conduct, discipline and
appearance of service officers; and
Page
62 Current as at 20 May 2013
Ambulance Service Act 1991
Part
5A Investigation officers [s 41A] (b)
the performance of
duties and
the training of
service officers;
and (c) any functions imposed or powers
conferred by this Act. (2) The commissioner
may amend or revoke a code of practice. (3)
Wilful failure to comply with a code of
practice is grounds for disciplinary action.
Part
5A Investigation officers Division 1
Investigation officers 41A
Appointment (1)
The
commissioner may appoint any of the following persons
as
an investigation officer— (a) a public service
employee; (b) a service officer; (c)
a
person prescribed under a regulation. (2)
However, the
commissioner may
appoint a
person as
an investigation officer only if the
commissioner is satisfied the person is
qualified for appointment because the person has the
necessary expertise or experience.
41B Appointment conditions and limit on
powers (1) An investigation officer holds office
on any conditions stated in— (a)
the
officer’s instrument of appointment; or (b)
a
signed notice given to the officer; or (c)
a
regulation. Current as at 20 May 2013 Page
63
Ambulance Service Act 1991 Part 5A
Investigation officers [s 41C] (2)
The
instrument of appointment, a signed notice given to the
investigation officer
or a regulation may
limit the
officer’s powers under
this Act. (3) In this section— signed
notice means a notice signed by the
commissioner. 41C When investigation officer ceases to
hold office (1) An investigation officer
ceases to
hold office
if any of
the following happens— (a)
the
term of office stated in a condition of office ends;
(b) under another condition of office, the
officer ceases to hold office. (2)
Subsection (1) does not limit the ways an
investigation officer may cease to hold office.
(3) In this section— condition
of office means
a condition on
which the
investigation officer holds office.
41D Functions of investigation
officers An investigation officer
has the function
of investigating offences against
sections 44 to 45C and 47. 41E Issue of identity
card (1) The commissioner must
issue an
identity card
to each investigation
officer. (2) The identity card must—
(a) contain a recent photo of the
investigation officer; and (b) contain
a copy of
the investigation officer’s
signature; and
(c) identify the person as an
investigation officer under this Act; and
Page
64 Current as at 20 May 2013
Ambulance Service Act 1991
Part
5A Investigation officers [s 41F] (d)
state an expiry date for the card.
(3) This section
does not
prevent the
issue of
a single identity
card
to a person for this Act and other purposes. 41F
Production or display of identity
card (1) In exercising a power under this part
in relation to a person, an investigation
officer must— (a) produce the
officer’s identity
card for
the person’s inspection
before exercising the power; or (b)
have
the identity card displayed so it is clearly visible to
the
person when exercising the power. (2)
However, if it is not practicable to comply
with subsection (1), the investigation officer must produce
the identity card for the person’s inspection at the first
reasonable opportunity. (3) For subsection
(1), an investigation officer does not exercise a
power in
relation to
a person only
because the
officer has
entered a place as mentioned in section
41H(1)(b) or (2). 41G Return of identity card
A
person who ceases to be an investigation officer must return
the
person’s identity card to the commissioner within 21 days
after ceasing to be an investigation officer
unless the person has a reasonable excuse. Maximum
penalty—10 penalty units. Division 2 Powers of
investigation officers 41H Power to enter
places (1) An investigation officer may enter a
place if— (a) an occupier of the place consents to
the entry; or (b) it is a public place and the entry is
made when it is open to the public. Current as at 20
May 2013 Page 65
Ambulance Service Act 1991 Part 5A
Investigation officers [s 41I] (2)
For
the purpose of asking the occupier of a place for consent
to
enter, an investigation officer may, without the occupier’s
consent or a warrant— (a)
enter land around premises at the place to
an extent that is reasonable to contact the occupier;
or (b) enter part of the place the officer
reasonably considers members of
the public ordinarily are
allowed to
enter when they wish
to contact the occupier. (3) In this
section— public place means—
(a) a place to which members of the public
have access as of right, whether or not on payment of a fee
and whether or not access to the place may be restricted
at particular times or for particular purposes; or
(b) a part of a place that the occupier of
the place allows members of the public to enter, but only
while the place is ordinarily open to members of the
public. 41I Entry with consent (1)
This
section applies if an investigation officer intends to ask
an occupier of
a place to
consent to
the officer or
another officer entering
the place. (2) Before asking for the consent, the
investigation officer must tell the occupier— (a)
the
purpose of the entry; and (b) that the
occupier is not required to consent. (3)
If
the consent is given, the investigation officer may ask the
occupier to sign an acknowledgement of the
consent. (4) The acknowledgement must state—
(a) the occupier has been told—
(i) the purpose of the entry; and
(ii) that the
occupier is not required to consent; and Page 66
Current as at 20 May 2013
Ambulance Service Act 1991
Part
5A Investigation officers [s 41J] (b)
the
purpose of the entry; and (c) the
occupier gives
the investigation officer
consent to
enter the place and exercise powers under
this part; and (d) the time and date the consent was
given. (5) If the occupier signs an
acknowledgement, the investigation officer must
immediately give a copy to the occupier. (6)
If— (a) an
issue arises
in a proceeding about
whether the
occupier consented to the entry; and
(b) an acknowledgement complying with
subsection (4) for the entry is not produced in
evidence; the onus of proof is on the person relying
on the lawfulness of the entry to prove the occupier
consented. 41J General powers after entering
places (1) This section applies to an
investigation officer who enters a place.
(2) However, if an investigation officer
enters a place to get the occupier’s consent to enter a place,
this section applies to the officer only if
the consent is given or the entry is otherwise authorised. (3)
For
monitoring and enforcing compliance with sections 44 to
45C
and 47, the investigation officer may— (a)
copy
a document at the place or take the document to another place to
copy it; or (b) require a
person at
the place, to
give the
officer reasonable help
to exercise the
officer’s powers
under paragraph (a);
or (c) require a person at the place, to
answer questions by the officer to help the officer ascertain
whether the person, or another person
at the place,
committed an
offence against section
44, 45, 45A, 45B, 45C or 47. Current as at 20
May 2013 Page 67
Ambulance Service Act 1991 Part 5A
Investigation officers [s 41K] (4)
When
making a requirement mentioned in subsection (3)(b)
or
(c), the investigation officer must warn the person it is an
offence to
fail to
comply with
the requirement, unless
the person has a reasonable excuse.
(5) If an authorised officer takes a
document from a place to copy it,
the document must
be copied as soon as practicable
and returned to the place. (6)
To
remove any doubt, it is declared that this section applies
to an investigation officer who is also an
authorised officer and entered a place for the purpose of
exercising a power under section 38(1). (7)
Also, the
powers an
investigation officer
mentioned in
subsection (6) has under this section are in
addition to, and do not limit, any
powers the
officer may
have under
section 38(1).
41K Power to require name and
address (1) This section applies if an
investigation officer— (a) finds a person
committing an offence against section 44, 45, 45A, 45B,
45C or 47; or (b) finds a person in circumstances that
lead the officer to reasonably suspect
the person has
just committed
an offence against section 44, 45, 45A,
45B, 45C or 47; or (c) has information that
leads the
officer to
reasonably suspect
a person has
committed an
offence against
section 44, 45, 45A, 45B, 45C or 47.
(2) The investigation officer may require
the person to state the person’s name and residential
address. (3) When making the requirement, the
investigation officer must warn the person it is an offence to
fail to state the person’s name or
residential address,
unless the
person has
a reasonable excuse. (4)
The
investigation officer may require the person to give the
officer evidence
of the correctness of
the stated name
or Page 68 Current as at 20
May 2013
Ambulance Service Act 1991
Part 6
Offences [s 41L] residential
address if the officer reasonably suspects the stated
name
or address to be false. Division 3 Protection from
liability 41L Protection from liability
(1) An investigation officer is not
civilly liable for an act done, or omission made,
honestly and without negligence, when acting as an
investigation officer. (2) If
subsection (1)
prevents a
civil liability
attaching to
an investigation officer liability
attaches instead to the State. (3)
In
this section— investigation officer
includes a
person required
to help an
investigation officer under section
41J(3)(b). Part 6 Offences
42 Right of way to ambulances
(1) Despite the provisions of the
Transport Operations (Road Use
Management) Act
1995 ,
a driver of
a vehicle (other
than a
train), to
the extent practicable, is
to give clear
and uninterrupted passage to—
(a) any ambulance
with warning
devices sounding
or warning lights activated; and
(b) any service
officer or
any person acting
under the
direction of a service officer who appears
to be doing any act for the purposes of assisting at an
accident or other emergency. (2)
A
person is not to fail to comply with subsection (1).
Current as at 20 May 2013 Page
69
Ambulance Service Act 1991 Part 6
Offences [s 43] Maximum penalty
for subsection (2)—50 penalty units or 6 months
imprisonment. 43 Unauthorised ambulance
transport (1) A person, other than the chief
executive or the commissioner, is not to
directly or indirectly imply that the person provides
or
participates in providing ambulance transport without the
approval of the Minister and except in
accordance with such conditions (if any) as the Minister
may impose. Maximum penalty— (a)
in
the case of an individual—16 penalty units; or (b)
in
the case of a corporation—50 penalty units. (2)
The Minister may
revoke any
approval given,
or revoke or
vary
any condition imposed, under this section. (3)
This
section does not apply to— (a) the Royal Flying
Doctor Service of Australia; and (b)
an
ambulance service conducted under the Hospital
and Health Boards Act 2011. 44
Failure to help investigation officer
(1) A person
required to
give reasonable help
under section
41J(3)(b) must
comply with
the requirement, unless
the person has a reasonable excuse.
Maximum penalty—10 penalty units.
(2) It is a reasonable excuse for the
person not to comply with the requirement because
complying with
the requirement might
tend
to incriminate the person. 45 Failure to answer
questions (1) A person
of whom a
requirement is
made under
section 41J(3)(c)
must, unless
the person has
a reasonable excuse,
comply with the requirement.
Page
70 Current as at 20 May 2013
Ambulance Service Act 1991
Part 6
Offences [s 45A] Maximum
penalty—10 penalty units. (2) It is a
reasonable excuse for the person to fail to comply with
the requirement that
complying with
the requirement might
tend
to incriminate the person. 45A Failure to give
name or address (1) A person
of whom a
personal details
requirement is
made must
comply with
the requirement, unless
the person has
a reasonable excuse. Maximum
penalty—10 penalty units. (2) A person does
not commit an offence against subsection (1) if—
(a) the person was required to state the
person’s name and residential address
by an investigation officer
who suspected the person had committed an
offence against this Act; and (b)
the
person is not proved to have committed the offence
against this Act. (3)
In
this section— personal details
requirement means
a requirement under
section 41K(2) or (4). 45B
False
or misleading statements A person must not state anything to an
investigation officer the person
knows is
false or
misleading in
a material particular. Maximum
penalty—10 penalty units. 45C False or
misleading documents (1) A person must
not give an investigation officer a document containing information the
person knows
is false or
misleading in a material particular.
Current as at 20 May 2013 Page
71
Ambulance Service Act 1991 Part 6
Offences [s 46] Maximum
penalty—10 penalty units. (2) Subsection (1)
does not apply to a person if the person, when giving the
document— (a) tells the investigation officer, to
the best of the person’s ability, how it is false or
misleading; and (b) if the person has, or can reasonably
obtain, the correct information—gives the correct
information. 46 Obstruction A
person must
not wilfully obstruct
or hinder any
person acting under the
authority of this Act. Maximum penalty—16 penalty
units. 47 False calls for ambulance
service (1) A person
must not
request that
the service provide
an ambulance service
for a person
(the patient
), unless the
patient is sick or injured and requires an
ambulance service. Maximum penalty—100 penalty
units or
1 year’s imprisonment. (2)
For
subsection (1), a request may be made orally, in writing or
by
conduct. (3) An infringement notice under
the State Penalties Enforcement
Act 1999 may
be issued to
a person for
a contravention of
subsection (1) only if an investigation
officer— (a) has investigated any lawful excuse of
the person; and (b) is satisfied the person does not have
a lawful excuse. 48 Restricted use of words ‘Ambulance
Service’ (1) A person must not— (a)
without the
written authority
of the Minister—use the
words ‘Ambulance Service’ or any similar
name, title or description; or Page 72
Current as at 20 May 2013
Ambulance Service Act 1991
Part 6
Offences [s 49] (b)
represent that the person is associated with
the service unless such an association exists; or
(c) without the
written authority
of the Minister—use the
word
‘Ambulance’ on any vehicle that is not operated by
the
service; or (d) impersonate a service officer;
or (e) without the written authority of the
Minister—use any insignia of
the service in
any manner contrary
to the manner approved
by the Minister. Maximum penalty— (a)
in
the case of an individual—16 penalty units; or (b)
in
the case of a corporation—50 penalty units. (2)
This
section does not apply to— (a) an ambulance
service conducted under the Hospital
and Health Boards Act 2011 ; and
(b) the use of the word ‘Ambulance’ by St
John Ambulance Australia-Queensland as part of its name;
and (c) the use of the words ‘animal
ambulance’ on a vehicle owned or operated by an animal welfare
organisation for the transport of sick or injured
animals. 49 Unauthorised disclosure of
confidential information by a designated
officer (1) A designated officer
or former designated officer
must not,
whether directly
or indirectly, disclose
confidential information
unless the disclosure is authorised under part 7,
division 1. Maximum
penalty—50 penalty units. (2) Subsection (1)
does not apply to the disclosure of confidential
information to
the person to
whom the
confidential information
relates. (3) In this section— Current as at 20
May 2013 Page 73
Ambulance Service Act 1991 Part 6
Offences [s 49A] confidential information means
information a
person has
because of being a designated officer that
identifies a person as a person who is receiving, or has
received, an ambulance service. designated
officer means— (a)
the
chief executive; or (b) a service officer; or
(c) an honorary ambulance officer;
or (d) an agent of the service.
former designated officer
means a person who was, but is no
longer, a designated officer.
49A Unauthorised disclosure of
confidential information by an informed person (1)
This
section applies to a person (an informed
person ) who has confidential information disclosed
to the person,
whether directly or
indirectly, by a designated officer. (2)
The
informed person must not, whether directly or indirectly,
disclose the confidential information to
anyone else. Maximum penalty—50 penalty units.
(3) Subsection (2) does not apply to the
disclosure of confidential information— (a)
to the person
to whom the
confidential information relates;
or (b) for a
lawful purpose
for which the
confidential information was
originally disclosed
to the informed
person; or (c)
required or
allowed under
an agreement specified
in section 50L; or (d)
authorised under an Act or another
law. (4) In this section— Page 74
Current as at 20 May 2013
Ambulance Service Act 1991
Part 6
Offences [s 50] confidential information means
information an
informed person has
because of subsection (1) that identifies a person as
a person who
is receiving, or
has received, an
ambulance service.
designated officer means—
(a) the chief executive; or
(b) a service officer; or
(c) an honorary ambulance officer;
or (d) an agent of the service.
50 Proceedings for offences
(1) A prosecution for an offence against
this Act is to be by way of summary
proceedings under
the Justices Act
1886 on
complaint of— (a)
a person authorised by
the chief executive
for that purpose, either
generally or in a particular case; or (b)
a
police officer. (2) The authority of a person referred to
in subsection (1)(a) to make a
complaint is
to be presumed
until the
contrary is
proved. (3)
The
requirement to proceed in a summary way is subject to
section 50B. 50A
Proceedings for indictable offences
(1) A proceeding for an indictable offence
against this Act may be taken, at the election of the
prosecution— (a) by way of summary proceeding under
the Justices Act
1886 ; or
(b) on indictment. (2)
A
magistrate must not hear an indictable offence summarily
if— Current as at 20 May 2013
Page
75
Ambulance Service Act 1991 Part 6
Offences [s 50B] (a)
the defendant asks
at the start
of the hearing
that the
charge be prosecuted on indictment;
or (b) the magistrate considers
the charge should
be prosecuted on indictment.
(3) If subsection (2) applies—
(a) the magistrate must proceed by way of
an examination of witnesses for an indictable offence;
and (b) a plea
of the person
charged at
the start of
the proceeding must be disregarded;
and (c) evidence brought
in the proceeding before
the magistrate decided to act under
subsection (2) is taken to be evidence in the proceeding for the
committal of the person for trial or sentence; and
(d) before committing the person for trial
or sentence, the magistrate must
make a
statement to
the person as
required by the Justices Act
1886 , section 104(2)(b). 50B
Limitation on who may summarily hear
indictable offence (1) The proceeding must
be before a
magistrate if
it is a
proceeding— (a)
for
the summary conviction of a person on a charge for
an
indictable offence; or (b) for
an examination of
witnesses for
a charge for
an indictable offence.
(2) However, if the proceeding is brought
before a justice who is not a magistrate, jurisdiction is
limited to taking or making a procedural
action or order within the meaning of the Justices
of
the Peace and Commissioners for Declarations Act 1991
. 50C Order for payment
if guilty of false call (1) If
a person is
convicted by
a court of
an offence against
section 47,
the court may
order the
person to
pay to the
service, a reasonable amount for the
expenses of or incidental Page 76 Current as at 20
May 2013
Ambulance Service Act 1991
Part 7
General [s 50D] to the provision
of the ambulance service that was requested by the
person. (2) The court may make an order under
subsection (1) in addition to imposing a penalty for the
offence. (3) An amount ordered to be paid under
subsection (1) may be recovered by the service as a debt
owing to it by the person. (4) Subsection (1)
does not
limit the
court’s powers
under the
Penalties and Sentences Act 1992
or
another law. Part 7 General
Division 1 Confidentiality 50D
Definitions for div 1 In this
division— confidential information means
information a
person has
because of being a designated officer that
identifies a person as a person who is receiving, or has
received, an ambulance service. designated
officer means— (a)
the
chief executive; or (b) a service officer; or
(c) an honorary ambulance officer;
or (d) an agent of the service.
health professional means
a person registered under
the Health Practitioner Regulation
National Law to practise, other than as a
student, in any of the following— (a)
the
medical profession; (b) the medical radiation practice
profession; Current as at 20 May 2013 Page
77
Ambulance Service Act 1991 Part 7
General [s 50E] (c)
the
nursing and midwifery profession; (d)
the
occupational therapy profession; (e)
the
pharmacy profession; (f) the
physiotherapy profession; (g) the psychology
profession. 50E Disclosure required or permitted by
law A designated officer
is authorised to
disclose confidential information if
the disclosure is
required or
permitted by
an Act or another law.
50F Disclosure with consent
(1) A designated officer
is authorised to
disclose confidential information if
the person to
whom the
confidential information
relates consents to the disclosure. (2)
However, if the person to whom the
confidential information relates (the patient
)
does not have capacity to consent to the disclosure, the
disclosure is authorised if another person who is authorised to
consent on the patient’s behalf consents to the disclosure. Example of a
person who is authorised to consent on behalf of a patient
— a parent or guardian
50G Disclosure to person who has
sufficient interest in health and welfare of
person (1) A designated officer
is authorised to
disclose confidential information if
the disclosure is
to a person
who, in
the officer’s reasonable opinion, has a
sufficient personal interest in
the health and
welfare of
the person to
whom the
confidential information relates.
Examples of a person who may have sufficient
personal interest in the health and welfare of a person to whom
confidential information relates —
• the person’s child, guardian, parent
or spouse Page 78 Current as at 20
May 2013
Ambulance Service Act 1991
Part 7
General [s 50H] •
an
adult who is providing home care to the person because of a
chronic condition or disability
• a medical practitioner who has had
responsibility for the care and treatment of the
person (2) However, subsection (1) does not apply
if the person to whom the confidential information relates
requests the information not to be disclosed.
(3) For subsection (1),
if the person
to whom the
confidential information
relates is deceased another person has a sufficient
personal interest
in the health
and welfare of
the deceased person if, in
the officer’s reasonable opinion, the other person
would have had a sufficient interest while
the deceased person was alive. 50H
Disclosure of confidential information for
care or treatment of person A
designated officer
is authorised to
disclose confidential information if
the disclosure is
required for
the care or
treatment of the person to whom the
information relates and the disclosure is to—
(a) an employee of a hospital who
processes admissions of patients to the hospital; or
(b) a health professional; or
(c) an honorary ambulance officer or
service officer; or (d) a member
of an ambulance
service (or
similar body
providing ambulance
services) from
outside Queensland. 50I
Disclosure is general condition of
person (1) A designated officer
is authorised to
disclose confidential information if
the confidential information is
about the
condition of the person to whom the
confidential information relates and is communicated in general
terms. Current as at 20 May 2013 Page
79
Ambulance Service Act 1991 Part 7
General [s 50J] Example of
communicated in general terms —
A
service officer discloses that a person’s condition is
“satisfactory”. (2) However, subsection (1) does not apply
if the person to whom the confidential information relates
requests the information not to be disclosed.
50J Disclosure to police or corrective
services officers (1) A designated officer
is authorised to
disclose confidential information if
the disclosure is to— (a) a
police officer
for the purpose
of the police
officer exercising a
power under
the Police Powers
and Responsibilities Act
2000 in
relation to
the person to
whom
the confidential information relates; or (b)
a
police officer and the person to whom the confidential
information relates is in the custody of
police; or (c) a corrective services officer and the
person to whom the confidential information relates is in the
custody of the chief executive (corrections).
Note — See
the Corrective Services
Act 2006 , section
7, for when a person
is taken to
be in the
custody the
chief executive
(corrections). (2)
In
this section— chief executive (corrections)
means the chief executive of the
department in
which the
Corrective Services
Act 2006 is
administered. corrective services
officer has
the meaning given
by the Corrective
Services Act 2006 . 50K Disclosure for
administering, monitoring or enforcing compliance with
Act A designated officer
is authorised to
disclose confidential information if
the disclosure is— Page 80 Current as at 20
May 2013
Ambulance Service Act 1991
Part 7
General [s 50L] (a)
made for
the purpose of
administering, monitoring or
enforcing compliance with, this Act;
or (b) made for a proceeding in a court or
tribunal; or (c) to an entity for the purpose of the
entity investigating or determining if a service officer or
honorary ambulance officer has failed to comply with a code of
practice. 50L Disclosure to Commonwealth, another
State or Commonwealth or State entity
(1) A designated officer
is authorised to
disclose confidential information
if— (a) the disclosure is to the Commonwealth
or another State, or an entity of the Commonwealth or another
State and the disclosure is
required or
allowed under
an agreement— (i)
between Queensland and
the Commonwealth, State or entity;
and (ii) prescribed under
a regulation for this paragraph; or (b)
the disclosure is
to an entity
of the State
and the disclosure is
required or allowed under an agreement— (i)
between the service and the entity;
and (ii) prescribed under
a regulation for this paragraph. (2)
In
this section— entity , of the
Commonwealth or a State, includes a department and an entity
established under an Act for a public purpose. 50M
Disclosure to Health Quality and Complaints
Commission A designated officer
is authorised to
disclose confidential information if
the disclosure is
to the Health
Quality and
Complaints Commission for the purpose
of— (a) making, or giving information about, a
complaint about a provider of health services; or
Current as at 20 May 2013 Page
81
Ambulance Service Act 1991 Part 7
General [s 50N] (b)
answering questions or otherwise giving
information as part of
an investigation under
the Health Quality
and Complaints Commission Act 2006
about a person who is or was a
provider of health services; or (c)
giving the
commission information about
health services
including information requested
by the commission under
the Health Quality
and Complaints Commission Act
2006 , section 21; or (d)
giving the commission aggregated data,
including data that identifies persons,
about complaint
management, patient safety
or another matter relating to the quality of health
services. 50N Disclosure to Australian Red Cross
Society A designated officer
is authorised to
disclose confidential information if
the disclosure is to the Australian Red Cross Society
for the purpose
of tracing blood,
or blood products
derived from blood, infected with any
disease or the donor or recipient of any such blood.
50O Disclosure to person performing
function under Coroners Act 2003 A
designated officer
is authorised to
disclose confidential information if
the disclosure is to a person who requires the information to
perform a
function under
the Coroners Act
2003 , other than the
preparation of an annual report. 50P
Disclosure is authorised by chief
executive (1) A designated officer
is authorised to
disclose confidential information if
the chief executive has, in writing, authorised the
disclosure. (2) The chief
executive may
only authorise
a disclosure of
confidential information under
subsection (1)
if the chief
executive is
satisfied, on
reasonable grounds,
that the
disclosure is— Page 82
Current as at 20 May 2013
Ambulance Service Act 1991
Part 7
General [s 50Q] (a)
in
the public interest; or (b) necessary to
assist in averting a serious risk to the life, health or safety
of any person, including the person to whom the
confidential information relates; or (c)
made
for the purpose of research which has the approval
of
an appropriate ethics committee. (3)
The
department’s annual report for a financial year under the
Financial Administration and
Audit Act
1977 must
include details
of— (a) the nature
of any confidential information disclosed
under subsection (1) during the financial
year; and (b) the purpose for which the confidential
information was disclosed. Editor’s
note — Financial Administration and Audit Act
1977 —now see the Financial
Accountability Act 2009 , section
93. (4) However, the details mentioned in
subsection (3)(a) must not identify, directly
or indirectly, the
person to
whom the
confidential information relates.
(5) Despite the
Public Service
Act 2008 ,
section 103,
the chief executive may
not delegate the chief executive’s power under subsection
(1). 50Q Necessary or incidental
disclosure A designated officer
is authorised to
disclose confidential information if
the disclosure of confidential information by a designated
person is necessary or incidental to a disclosure of
confidential information otherwise
permitted under
this division.
Examples of necessary or incidental
disclosure — • the disclosure of
confidential information to support staff at a public
sector hospital who make appointments for
patients, maintain patient records and undertake other
administrative tasks Current as at 20 May 2013 Page
83
Ambulance Service Act 1991 Part 7
General [s 50R] •
the disclosure of
confidential information to
advise the
chief executive
about authorising the
disclosure of
confidential information under
section 50P • accessing contact details for a person
to seek the person’s consent under section 50F
to the disclosure of confidential information •
permitting contractors to access databases
to write, test or analyse programs, perform
database administration tasks
or maintain technical aspects
of computer hardware 50R Application of this division to former
designated officers (1) Section 50E,
50F, 50J,
50M, 50O
or 50Q (the
relevant provision
) applies to
the disclosure of
confidential information by a
former designated person in the same way as it
applies to
the disclosure of
confidential information by
a designated person. (2)
For
subsection (1), a reference in the relevant provision to a
designated person
is taken to
be a reference
to a former
designated person. (3)
In
this section— former designated officer
means a person who was, but is no
longer, a designated officer.
Division 2 Other
matters 51 Exemption from tolls
A
service officer driving an ambulance, and the vehicle, are
exempt from the payment of any toll in
respect of the use of any road, bridge or vehicular
ferry. 52 Interstate assistance at
accidents (1) In this section— officer in
charge means the person who, under a direction
of the commissioner, is in charge at an
accident. Page 84 Current as at 20
May 2013
Ambulance Service Act 1991
Part 7
General [s 53A] (2)
Every member
of an ambulance
service (or
similar body
providing ambulance services) from outside
Queensland who assists at
an accident in
Queensland and
any plant and
equipment in
the member’s charge
is at the
disposal of
the officer in
charge and
is taken to
be under the
control and
direction of that officer.
(3) If there is no officer in charge, the
member of the ambulance service or
similar body
from outside
Queensland who
is in charge of other
members of that ambulance service or similar body has—
(a) the control and direction of all
persons assisting at the accident; and (b)
all the powers
conferred by
or under this
Act on an
authorised officer. 53A
Function of Emergency Services Advisory
Council (1) For this Act, the council’s function
is to advise the Minister about— (a)
the extent to
which current
service delivery
by the service—
(i) satisfies community needs; and
(ii) contributes to
the achievement of
the Government’s desired
outcomes for
the community; and (b)
anything else
relevant to
the functions of
the service, referred to the
council by the Minister. (2) In this
section— council means
the Emergency Services
Advisory Council
established under the Fire and Rescue
Service Act 1990 . Current as at 20 May 2013
Page
85
Ambulance Service Act 1991 Part 7
General [s 53B] 53B
Exemption from payment for ambulance
service (1) Subject to subsection (3), the
following persons are not liable to pay a charge
under this Act for the use of an ambulance service—
(a) an individual whose
principal place
of residence is
in Queensland; (b)
another individual who is—
(i) a dependant
of a person
mentioned in
paragraph (a); or
(ii) under 25 and a
full-time student at an educational institution in
the State; or (iii) under 25 and a
full-time student at an educational institution in
another State
or a Territory
if the student
is a child
of a person
mentioned in
paragraph (a). (2)
In deciding whether
an individual’s principal
place of
residence is in Queensland, all of the
person’s circumstances may be taken into account, including,
for example, any of the following circumstances—
(a) the individual’s address
as shown on
the individual’s driver’s
licence or
an electoral roll
for an electoral
district under the Electoral Act
1992 ; (b) whether the
individual is living outside of the State. (3)
If an ambulance
service is
provided to
a person, a
fee prescribed under a regulation is
payable by the person if the person is
entitled to recover the amount of the fee under any
of
the following— (a) the Workers’
Compensation and
Rehabilitation Act
2003 ;
(b) the Veterans’
Entitlements Act 1986 (Cwlth); (c)
another law
of a State,
a Territory or
the Commonwealth. Page 86
Current as at 20 May 2013
Ambulance Service Act 1991
Part 7
General [s 53C] 53C
Agreement about payment for ambulance
service The chief executive may enter into an
agreement with any of the following
entities about
the payment of
an amount for
ambulance services provided to a person
under this Act— (a) WorkCover Queensland established under
the Workers’ Compensation and
Rehabilitation Act 2003 ; (b)
the Repatriation Commission continued
in existence under
the Veterans’ Entitlements Act
1986 (Cwlth),
section 179; (c)
the chief executive
of the department in
which the
Hospital and Health Boards Act 2011
is
administered; (d) another entity the chief executive
considers appropriate. 53D Recovery of fees
and charges A fee or charge payable under this Act and
not paid is a debt due to the State and may be recovered by the
chief executive in a court having jurisdiction for the
recovery of the amount claimed. 54
Regulation-making power (1)
The Governor in
Council may
make regulations under
this Act.
(2) A regulation may be made for or
about— (a) charges to be made for the use of
ambulance services; and (b) the entitlements
of persons who use ambulance services; and
(c) all matters that arise in connection
with the entitlements of and
the conditions of
employment, occupational superannuation,
retrenchment or redundancy of service officers;
and (d) the procedures to
be followed by
an RCA team
in its conduct of an
RCA of a reportable event. Current as at 20 May 2013
Page
87
Ambulance Service Act 1991 Part 8 Savings and
transitional provisions [s 54A] (4)
The chief executive
may set fees
for the special
use of ambulance
services and vehicles not otherwise provided for
under subsection (2). (5)
A
regulation may impose a penalty not exceeding 16 penalty
units for a breach of the regulation.
(6) A regulation may, where a breach of it
is a continuing breach, impose a daily penalty for the breach
not exceeding 3 penalty units. Part 8
Savings and transitional provisions Division 1
Provisions for Act before
commencement of Emergency
Services Legislation Amendment
Act
1998 54A Definitions In this
division— amendment Act
means the
Ambulance Service
Amendment Act 1997
. commencement means the
commencement of the amendment Act, section
5. corporation means the
corporation sole under this Act as in force
immediately before the commencement. former
service means the Queensland Ambulance Service
in existence immediately before the
commencement. transferred officer means a person
taken to be employed as an ambulance, medical or
administrative officer of the service under section
61, 62 or 63. Page 88 Current as at 20
May 2013
Ambulance Service Act 1991
Part 8
Savings and transitional provisions [s 55]
55 Superannuation entitlements
(1) The Queensland Ambulance Service
Superannuation Scheme is continued in existence.
(2) A person who, under section 8.2
becomes an employee of the Queensland Ambulance Service—
(a) retains all
entitlements accrued
or accruing to
that person
as a contributor to
or member of
the superannuation scheme to which that
person contributed and was a
member of
immediately prior
to the commencement of
this Act; and (b) is entitled
to payments and
other benefits
from it
in respect of that person.
(3) A person
who becomes an
employee of
the Queensland Ambulance
Service is to continue to contribute to the scheme
referred to in subsection (1).
(4) The trustees may amend the
scheme. (5) However, an
amendment prejudicing a
right accrued
or accruing to a person under the scheme
may be made only if the person has given written consent to the
amendment. 56 References to the board and previous
committees (1) A reference in any Act, will, document
or writing to the State Council of the Queensland Ambulance
Transport Brigade, the board or
a previous committee
is to be
construed as
a reference to the service or the
relevant committee, as the case may
require. (2) In subsection (1)— board
means the
Queensland Ambulance
Services Board
constituted under the Ambulance
Services Act 1967 , section 6. previous
committee means a committee constituted under
the Ambulance Services Act 1967
,
section 19. Current as at 20 May 2013 Page
89
Ambulance Service Act 1991 Part 8 Savings and
transitional provisions [s 57] 57
References to Ambulance Services Act
1967 In an Act or document, a reference to
the Ambulance Services Act 1967
is
taken to be a reference to this Act. 58
References to corporation and former
service A reference in an Act or document in
existence immediately before the
commencement to
the corporation or
former service is a
reference to the service. 59 Vesting of
assets On the commencement, the assets, rights and
liabilities of the corporation or former service vest in the
service. 60 Legal proceedings A legal
proceeding that could have been started or continued
by
or against the corporation or the former service before the
commencement may be started or continued by
or against the service. 61
Ambulance officers (1)
A
person who, immediately before the commencement, was
employed as an ambulance officer of the
former service is, on the commencement, taken to be employed
as an ambulance officer of the service. (2)
Subsection (1) does not apply to a person
holding office as an honorary ambulance officer.
62 Medical officers A person who,
immediately before the commencement, was employed as a
medical officer of the former service is, on the
commencement, taken to be employed as a
medical officer of the service. Page 90
Current as at 20 May 2013
Ambulance Service Act 1991
Part 8
Savings and transitional provisions [s 63]
63 Administrative and service
officers A person who, immediately before the
commencement, was employed as an administrative or service
officer of the former service is, on the commencement, taken
to be employed as an administrative officer of the
service. 64 Conditions of employment of
transferred officers (1) The
conditions of
employment applying
to a transferred officer
must be
no less favourable than
the conditions that
applied to the officer immediately before
the commencement. (2) A transferred officer remains entitled
to all rights accrued or accruing to the officer as an employee
of the former service. (3) Without
limiting subsection (2),
a transferred officer
is entitled to receive annual, sick and
long service leave and any similar entitlements accrued or
accruing to the officer as an employee of the
former service. (4) The recognised service of a
transferred officer is taken to be service as an
employee of the service for the purpose of any law
dealing with
rights or
entitlements mentioned
in this section.
(5) In subsection (4)— recognised
service of a transferred officer means the
officer’s service as
an employee of
the former service,
and includes any previous
service of the officer taken to be service with the
former service. 65
Honorary ambulance officers
A
person who, immediately before the commencement, was
an honorary ambulance
officer with
the former service
is taken to be appointed as an honorary
ambulance officer for the service. Current as at 20
May 2013 Page 91
Ambulance Service Act 1991 Part 8 Savings and
transitional provisions [s 66] 66
Trusts On the
commencement, any property that, immediately before
the
commencement, was held in trust by the former service or
the
corporation vests in the service on the same trusts to which
the
property was subject immediately before the vesting.
67 Duty to assist transfer of
property (1) The registrar of titles and all
persons who keep registers of dealings in
property must, if asked by the service, make in the
register all entries necessary to record the
vesting of property in the service by this division.
(2) A request under this section is not
liable to fees or stamp duty. Division 2
Provision for Emergency Services
Legislation Amendment Act 1998
68 Board members go out of office
(1) On the
commencement of
this section
the members of
the board go out of office.
(2) In this section— board
means the
service’s board
under this
Act as in
force immediately before
the commencement of
the Emergency Services
Legislation Amendment Act 1998 .
Division 3 Provisions for
Emergency Services Legislation Amendment Act 2001
69 Definitions for div 3
In
this division— Act after amendment means the
Ambulance Service Act 1991
as
in force immediately after the commencement. Page 92
Current as at 20 May 2013
Ambulance Service Act 1991
Part 8
Savings and transitional provisions [s 70]
Act before amendment
means the
Ambulance Service
Act 1991 as in force
immediately before the commencement. amendment
Act means the
Emergency Services
Legislation Amendment Act
2001 . commencement means the
commencement of the amendment Act.
former service means the
Queensland Ambulance Service in existence
immediately before the commencement. transferred
officer means a person taken to be employed as
a service officer under section 76.
70 Former service dissolved
The
corporate entity that is the former service is dissolved.
71 Superannuation entitlements
The
amendment Act does not— (a) affect
the continuation of
a transferred officer
as an employed
member for
the purposes of
the Superannuation (State Public Sector)
Deed 1990 ; or (b)
otherwise affect
any superannuation of
a transferred officer.
72 References to former service
A
reference in an Act or document in existence immediately
before the
commencement to
the former service
is, if the
context permits, taken to be a reference to
the State. 73 Vesting of assets On the
commencement, the assets, rights and liabilities of the
former service vest in the State.
Current as at 20 May 2013 Page
93
Ambulance Service Act 1991 Part 8 Savings and
transitional provisions [s 74] 74
Legal
or disciplinary proceedings (1)
A
legal proceeding relating to something that happened before
the
commencement that could have been started or continued
by
or against the former service if the Amendment Act had
not
been passed may from the commencement be started or
continued by or against the State.
(2) A disciplinary proceeding relating to
something that happened before the
commencement that
could have
been started
or continued by the former service if the
Amendment Act had not been passed may from the commencement be
started or continued by the chief executive.
75 Suspension The
suspension of
a service officer
in force immediately before the
commencement is taken, from the commencement, to continue in
force under this Act. 76 Service
officers A person who, immediately before the
commencement, was employed as a service officer of the former
service is, on the commencement, taken to be employed as a
service officer of an equivalent class for the service.
77 Conditions of employment of
transferred officers (1) The
conditions of
employment applying
to a transferred officer
must be
no less favourable than
the conditions that
applied to the officer immediately before
the commencement. (2) A transferred officer remains entitled
to all rights accrued or accruing to the officer as an employee
of the former service. (3) Without
limiting subsection (2),
a transferred officer
is entitled to receive annual, sick and
long service leave and any similar entitlements accrued or
accruing to the officer as an employee of the
former service. (4) Subsection (1) does not limit section
13. Page 94 Current as at 20
May 2013
Ambulance Service Act 1991
Part 8
Savings and transitional provisions [s 78]
78 Honorary ambulance officers
A
person who, immediately before the commencement, was
an honorary ambulance
officer with
the former service
is taken, on the commencement, to be
appointed as an honorary ambulance officer for the
service. 79 Trusts Any
property that,
immediately before
the commencement, was
held in
trust by
the former service,
on the commencement,
vests in the State on the same trusts to which the property was
subject immediately before the vesting. 80
Duty
to help transfer of property (1)
The
registrar of titles and all persons who keep registers of
dealings in
property must,
if asked by
the chief executive, make in the
register all entries necessary to record the vesting
of
property in the State by this division. (2)
A
request under this section is not liable to fees or stamp
duty. 81 Things taken to have been done etc. by
commissioner (1) Anything declared, done, given,
granted, made or issued by the commissioner under
a commissioner’s section
and in force,
or having effect,
immediately before
the commencement is,
from the
commencement, taken
to have been
declared, done,
given, granted,
made or
issued by
the commissioner. (2)
If
the action mentioned in subsection (1) involves a period of
time, the subsection must not be taken to
extend or otherwise affect the period. (3)
In
this section— commissioner’s section
means a
section that,
immediately before
the commencement, referred
to action of
the commissioner as commissioner of the
former service and after Current as at 20 May 2013
Page
95
Ambulance Service Act 1991 Part 8 Savings and
transitional provisions [s 82] the commencement
refers to action of the commissioner of the service.
82 Things taken to have been done etc. by
chief executive (1) Anything declared, done, given,
granted, made or issued by the commissioner under
a chief executive’s section
and in force,
or having effect,
immediately before
the commencement is,
from the
commencement, taken
to have been
declared, done,
given, granted,
made or
issued by
the chief executive. (2)
If
the action mentioned in subsection (1) involves a period of
time, the subsection must not be taken to
extend or otherwise affect the period. (3)
In
this section— chief executive’s section
means a
section that,
immediately before
the commencement, referred
to action of
the commissioner and after the
commencement refers to action of the chief
executive. 83 Other things taken to have been done
etc. by chief executive (1)
Anything declared, done, given, granted,
made or issued by the former service
under a
chief executive’s section
and in force,
or having effect,
immediately before
the commencement is,
from the
commencement, taken
to have been
declared, done,
given, granted,
made or
issued by
the chief executive. (2)
If
the action mentioned in subsection (1) involves a period of
time, the subsection must not be taken to
extend or otherwise affect the period. (3)
In
this section— chief executive’s section
means a
section that,
immediately before
the commencement, referred
to action of
the former service
and after the
commencement refers
to action of
the chief executive. Page 96
Current as at 20 May 2013
Ambulance Service Act 1991
Part 8
Savings and transitional provisions [s 84]
84 Other things taken to have been done
etc. by the State (1) Anything declared, done, given,
granted, made or issued by the former
service under
a State’s section
and in force,
or having effect, immediately before the
commencement is, from the commencement, taken to have been
declared, done, given, granted, made or issued by the
State. (2) If the action mentioned in subsection
(1) involves a period of time, the subsection must not be taken
to extend or otherwise affect the period. (3)
In
this section— State’s section means a section
that, immediately before the commencement,
referred to action of the former service and after the
commencement refers to action by the State. 85
Closure of Ambulance Service Fund
(1) On the commencement—
(a) the Ambulance Service Fund is closed;
and (b) the chief executive must record the
closing balance of the accounts for
the Ambulance Service
Fund as
the opening balance of the accounts for
the new fund. (2) An entry
that, apart
from subsection (1),
would need
to be made in the
accounts for the Ambulance Service Fund must be made in the
accounts for the new fund. (3) In this
section— Ambulance Service
Fund means
the Ambulance Service
Fund mentioned
in the Financial
Administration and
Audit Act 1977
,
schedule 2, immediately before the commencement of this
section. new fund means
the Queensland Ambulance
Service Fund
established under section 19.
Current as at 20 May 2013 Page
97
Ambulance Service Act 1991 Part 8 Savings and
transitional provisions [s 87] Division 4
Provisions for Emergency Services
Legislation Amendment Act 2002
87 Definitions for div 4
In
this division— approval day
means the
day the Minister
approves, under
section 31A(1),
the constitution for
the conduct of
a committee’s business.
former constitution , of a
committee, means the committee’s constitution
immediately before the approval day. 88
Former constitution ceases to apply
On
the approval day, a committee’s former constitution ceases
to
apply to the committee. 89 Committee members
continue in office (1) This section applies to a person who,
immediately before the approval day, is a member of a
committee. (2) Subject to
section 29(2),
(2A) and
(9) and section
35, the person
continues as
a member of
the committee, unless
the person earlier resigns—
(a) for the
period the
person would
have been
a member under the
committee’s former constitution; or (b)
until the
end of any
longer period
specified under
section 29(6). 90
Office holders continue to hold
office (1) This section applies to a person who,
immediately before the approval day, holds an office
mentioned in section 29(3)(a) to (d) for a
committee. Page 98 Current as at 20
May 2013
Ambulance Service Act 1991
Part 8
Savings and transitional provisions [s 91]
(2) Subject to
section 29(2),
(2A) and
(9) and section
35, the person continues
to hold the office, unless the person earlier resigns—
(a) for the period the person would have
been a member of the committee under
the committee’s former
constitution; or (b)
until the
end of any
longer period
specified under
section 29(6). 91
Minister must notify approval day
The
Minister must notify the approval day by a gazette notice.
Division 5 Provisions for
Community Ambulance Cover Act 2003 92
Definitions for div 5 In this
division— commencement means the
commencement of this section. former
subscriber means a person who, immediately
before the commencement, is
a subscriber under
the pre-amended Act.
pre-amended Act
means this
Act as in
force before
the commencement. 93
Former subscriber’s entitlement ends
On
the commencement, a former subscriber’s entitlement to
ambulance services under the pre-amended Act
ends. 94 Charge not payable for particular
ambulance service (1) This section
applies to
an ambulance service
provided to
a person mentioned
in section 53B(1)
if the provision
of the Current as at 20
May 2013 Page 99
Ambulance Service Act 1991 Part 8 Savings and
transitional provisions [s 95] service began
before the commencement and ended after the commencement. (2)
The
person is not liable to pay a charge under this Act for the
use
of the ambulance service. 95 Continuation of
written authority (1) This section applies to a written
authority of the commissioner mentioned in
section 48(1)(a), (c) or (e) of the pre-amended Act
if the authority
is in force
immediately before
the commencement. (2)
After the commencement, the written
authority is taken to be a written authority of the Minister
under section 48(1)(a), (c) or (e).
Division 6 Provisions for
Integrity Reform (Miscellaneous Provisions)
Amendment Act 2010 96
Definition for div 6 In this
division— commencement means the
commencement of this section. 97
Disciplinary action for acts or omissions
happening before commencement (1)
Part 2,
division 4,
subdivision 1
applies in
relation to
a disciplinary ground arising before the
commencement only if, before the
commencement, disciplinary action
could have
been
taken against a service officer on the same ground under
a
relevant disciplinary provision. (2)
If,
at the commencement, the chief executive or commissioner
has
started disciplinary action against a service officer under
a relevant disciplinary provision—
Page
100 Current as at 20 May 2013
Ambulance Service Act 1991
Part 8
Savings and transitional provisions [s 98]
(a) the chief
executive may
continue to
take disciplinary action
against the
person under
part 2,
division 4,
subdivision 1; and (b)
for
that purpose, anything done by the chief executive or
commissioner in relation to the disciplinary
action under the relevant disciplinary provision is taken
to have been done by
the chief executive
under part
2, division 4,
subdivision 1. (3)
In
this section— relevant disciplinary provision
means a
disciplinary provision of a
code of practice. 98 Disciplinary action against former
public service employee or fire service officer
Part 2,
division 4,
subdivision 2
only applies
to a service
officer who commenced employment under
section 13 after the commencement. 99
Disciplinary action against former service
officer Part 2, division 4, subdivisions 3 and 4
apply to a person who was a service officer only if the
person’s employment under section 13 ends after the
commencement. Current as at 20 May 2013 Page
101
Ambulance Service Act 1991 Schedule
Schedule Dictionary section 2
ambulance officer
means an
ambulance officer
appointed under
section 13
and an honorary
ambulance officer
appointed under section 14.
ambulance service
means service
relating to
the work of
rendering emergency
treatment and
patient care
to, and the
transport of, sick and injured
persons. approved superannuation scheme
means— (a)
the Queensland Ambulance
Service Superannuation Scheme;
or (b) another superannuation scheme
approved by
the Governor in Council under section
17. authorised officer means an officer
authorised under section 37. award
see
the Industrial Relations Act 1999
,
schedule 5. blameworthy act , for part 4A,
division 4, see section 36I. chain of events
document , for part 4A, see section 36A.
code
of practice means a code of practice under section
41. commencement , for part 8,
division 6, see section 96. commissioner means
the commissioner of
the service appointed under
section 4. commissioning authority , for part 4A,
see section 36A. committee means
a local ambulance
committee established under section
26. constitution ,
of a committee, means
the committee’s constitution
under this Act. conviction includes a plea
of guilty or a finding of guilt by a court even
though a conviction is not recorded. Page 102
Current as at 20 May 2013
Ambulance Service Act 1991
Schedule coroner
,
for part 4A, see section 36A. disciplinary
action see section 18B(1). disciplinary
declaration , in relation to a person, means—
(a) for a disciplinary declaration made
under a public sector disciplinary law— (i)
a
disciplinary declaration made under— (A)
the Public Service
Act 2008 ,
section 188A(7);
or (B) the Police Service
Administration Act 1990 , section 7A.2(2);
or (C) the repealed Misconduct
Tribunals Act 1997 or the QCAT Act; or (D)
the Fire and
Rescue Service
Act 1990 ,
section 30H(5); or (ii)
a
declaration under a public sector disciplinary law
(other than
a public sector
disciplinary law
mentioned in
subparagraph (i))
that states
the disciplinary action
that would
have been
taken against the
person if the person’s employment had not ended;
or (b) otherwise, a disciplinary declaration
made under section 18I(5). disciplinary
finding — (a) generally
means a
finding that
a disciplinary ground
exists; and (b)
for
part 2, division 4, subdivision 2, see section 18D.
disciplinary ground means a ground
for disciplining a service officer under section 18A.
employing chief executive
,
for part 2, division 4, subdivision 2, see section
18D. excluded notifiable conduct
, for part
4A, division 5,
see section 36L. Current as at 20
May 2013 Page 103
Ambulance Service Act 1991 Schedule
Page
104 fire service chief executive
means the chief executive under
the Fire and Rescue Service Act
1990. fire service officer means a person
employed under the Fire and Rescue
Service Act 1990 , section 25. former service
officer , for part 2, division 4, subdivision
3, see section 18H(1)(a). Health
Practitioner Regulation National Law (Queensland)
see the Health
Practitioner Regulation National
Law Act 2009
,
section 4. health service see the
Hospital and Health Boards Act 2011
, schedule 2. honorary
ambulance officer means a person appointed as an
honorary ambulance officer under section
14(1). impairment , for part 4A,
division 5, see section 36L. industrial agreement
means an
industrial agreement
or a certified
agreement under the Industrial Relations Act 1999
. industrial instrument
includes— (a)
an
award or industrial agreement; and (b)
a
determination or rule of a commission, court, board,
tribunal or other entity having authority
under a law of the Commonwealth or this State to exercise
powers of conciliation or
arbitration for
industrial matters
or industrial disputes.
information , for part 4A,
division 5, see section 36L. medical
director , for part 4A, division 5, see section
36L. National Agency , for part 4A,
division 5, see section 36L. normal
remuneration , in relation to a service officer,
means all of the
remuneration and
other entitlements to
which the
officer is or would be entitled, calculated
on the basis of— (a) the ordinary hours worked by the
officer; and (b) the amounts payable to the officer for
the hours worked by the officer,
including, for
example, allowances, loadings and
penalties; and Current as at 20 May 2013
Ambulance Service Act 1991
Schedule (c)
any other amounts
payable to
the officer under
the officer’s contract of
employment. notice , for part 4A,
see section 36A. previous chief executive , for part 2,
division 4, subdivision 2, see section 18D. public
risk notifiable conduct
, for part
4A, division 5,
see section 36L. public sector
disciplinary law means— (a)
a
public sector disciplinary law under the Public
Service Act 2008 ; or
(b) the Fire and Rescue
Service Act 1990 , part 4, division 3. RCA
report , for part 4A, see section 36A.
RCA
team see section 36A. registered health
practitioner ,
for part 4A,
division 5,
see section 36L. relevant
disciplinary ground
, for part
2, division 4,
subdivision 2, see section 18D.
relevant disciplinary law
means— (a)
this
Act or a disciplinary provision of a code of practice
(including a
code of
practice as in
force from time to
time
before the commencement of this definition); or (b)
a law of
another State
that provides
for the same,
or substantially the same, matters as
this Act; or (c) a code
of practice or
other instrument under
a law mentioned
in paragraph (b)
providing for
disciplinary matters;
or (d) a public sector disciplinary
law. relevant disciplinary provision
, for part
2, division 4,
subdivision 2, see section 18D.
relevant person , for part 4A,
see section 36A. reportable event see section
36A. reprisal means a reprisal
mentioned in section 36X(3). Current as at 20
May 2013 Page 105
Ambulance Service Act 1991 Schedule
root
cause analysis or RCA see section
36B. serious disciplinary action
, in
relation to a person, means— (a)
disciplinary action
under a
relevant disciplinary law
involving— (i)
termination of employment; or
(ii) reduction of
classification level or rank; or (iii)
transfer or redeployment to other
employment; or (iv) reduction of
remuneration level; or (b) a
disciplinary declaration under
a public sector
disciplinary law
that states
a disciplinary action
mentioned in paragraph (a)(i) or (ii) as the
disciplinary action that would have been taken against
the person if the person’s employment had not
ended. service means the
Queensland Ambulance Service. service
officer means a person employed under section
13(1). takes a reprisal means the taking
of a reprisal as mentioned in section
36X(3). Page 106 Current as at 20
May 2013
Endnotes Ambulance Service
Act 1991 Endnotes 1
Index to endnotes Page
2 Date to which amendments incorporated
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.107 3 Key . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . .108 4 Table of reprints
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . .108 5
List
of legislation . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . .109
6 List of annotations . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . .114 7 Forms notified or published in the
gazette . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.128 8 Table of renumbered provisions . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.128 2 Date to which amendments
incorporated This is the reprint date mentioned in
the Reprints Act 1992 , section 5(c).
Accordingly, this reprint includes all amendments that
commenced operation on or before 20 May 2013. Future amendments
of the Ambulance Service Act 1991
may
be made in accordance with this reprint under the
Reprints Act 1992 , section
49. Current as at 20 May 2013 Page
107
Ambulance Service Act 1991 Endnotes
3 Key Key to
abbreviations in list of legislation and annotations
Key AIA amd
amdt ch def
div exp gaz
hdg ins lap
notfd num
o in
c om orig p
para prec pres
prev Explanation =
Acts
Interpretation Act 1954 = amended
= amendment =
chapter =
definition =
division =
expires/expired =
gazette =
heading =
inserted =
lapsed =
notified =
numbered =
order in council =
omitted =
original =
page =
paragraph =
preceding =
present =
previous Key
(prev) proc
prov pt
pubd R[X]
RA reloc renum
rep (retro) rv
s sch sdiv
SIA SIR SL
sub unnum Explanation =
previously =
proclamation =
provision =
part =
published =
Reprint No. [X] =
Reprints Act 1992 =
relocated =
renumbered =
repealed =
retrospectively =
revised version =
section =
schedule =
subdivision =
Statutory Instruments Act 1992
= Statutory Instruments Regulation
2002 = subordinate legislation
= substituted =
unnumbered 4
Table of reprints A new reprint of
the legislation is prepared by the Office of the Queensland
Parliamentary Counsel each time a change to the legislation
takes effect. The notes column for this reprint gives
details of any discretionary editorial powers under
the Reprints Act 1992 used by the
Office of the Queensland Parliamentary Counsel in
preparing it. Section 5(c) and (d) of the Act
are not mentioned as they contain mandatory requirements that
all amendments be
included and
all necessary consequential amendments be
incorporated, whether of punctuation, numbering or another kind.
Further details of the use of any discretionary
editorial power noted in the table can be obtained by
contacting the Office of the Queensland
Parliamentary Counsel by telephone on 3237 0466 or email
legislation.queries@oqpc.qld.gov.au. From
29 January 2013,
all Queensland reprints
are dated and
authorised by
the Parliamentary Counsel. The previous
numbering system and distinctions between printed
and
electronic reprints is not continued with the relevant details for
historical reprints included in this table. Reprint
No. 1 2
2A 2B 2C
Amendments to 1992 Act No.
36 1995 Act No. 57 1996 Act No.
54 1996 Act No. 61 1997 Act No.
6 Effective 2 July
1992 28 November 1995 1 December
1996 20 December 1996 1 August
1997 Reprint date 1 August
1992 21 December 1995 4 December
1996 15 April 1997 12 August
1997 Page 108 Current as at 20
May 2013
Ambulance Service Act 1991
Endnotes Reprint
No. 3 4
4A 4B 4C
4D 5 5A
5B 5C 5D
Amendments to 1997 Act No.
6 1998 Act No. 37 1999 Act No.
19 1999 Act No. 33 1999 Act No.
42 2000 Act No. 16 2000 Act No.
16 2001 Act No. 45 2001 Act No.
76 2001 Act No. 76 2001 Act No.
76 Effective 1 August
1997 13 November 1998 30 April
1999 1 July 1999 1 December
1999 1 July 2000 1 July
2000 15 July 2001 13 November
2001 28 February 2002 1 March
2002 Reprint No.
5DA Amendments included
— Effective 14 November
2002 5E rv 5F rv 5G rv
5H
rv 2002 Act No. 60 2002 Act No.
74 2003 Act No. 19 2003 Act No.
34 6 December 2002 1 April
2003 9 May 2003 1 July
2003 6 rv — 1 July
2003 6A rv 6B 7
7A 7B 7C
7D 7E 7F
7G 8 8A
2004
Act No. 53 2005 Act No. 48 2007 Act No.
28 2008 Act No. 64 2008 Act No.
64 2009 Act No. 9 2009 Act No.
25 2010 Act No. 14 2010 Act No.
37 2010 Act No. 35 —
2011
Act No. 32 (amd 2012 Act No. 9) 2012 Act No.
10 29 November 2004 1 December
2005 20 March 2008 1 January
2009 2 March 2009 1 July
2009 2 November 2009 1 July
2010 1 November 2010 1 December
2010 1 December 2010 1 July
2012 Current as at 20 May 2013
Amendments included 2013 Act No.
13 Reprint date 20 January
1998 1 December 1998 10 May
1999 23 July 1999 1 December
1999 14 July 2000 25 July
2000 27 July 2001 23 November
2001 28 February 2002 15 March
2002 Notes prov exp 13
November 2002 R5H rv withdrawn, see
R6
rv Revision notice issued for R6
R7G
withdrawn, see R8 Notes 5
List
of legislation Ambulance Service Act 1991 No. 36
date
of assent 12 June 1991 Current as at 20 May 2013
Page
109
Ambulance Service Act 1991 Endnotes
ss 1,
1.2 commenced on date of assent remaining
provisions commenced 1 July 1991 (proc pubd gaz 22 June 1991 p
976) amending legislation— Statute Law
(Miscellaneous Provisions) Act 1991 No. 97 ss 1–3 sch 2
date
of assent 17 December 1991 commenced on date of assent
Statute Law (Miscellaneous Provisions) Act
1992 No. 36 ss 1–2 sch 2 date of assent 2 July 1992
commenced on date of assent
Local
Government Act 1993 No. 70 ss 1–2, 804 sch date of assent 7
December 1993 ss 1–2 commenced on date of assent
remaining provisions commenced 26 March 1994
(see s 2(5)) Statute Law (Miscellaneous Provisions) Act
1994 No. 15 ss 1–3 sch 2 date of assent 10 May 1994
commenced on date of assent
Statute Law (Miscellaneous Provisions) Act
(No. 2) 1994 No. 87 ss 1–3 sch 1 date of assent 1
December 1994 commenced on date of assent
Statutory Authorities Superannuation
Legislation Amendment Act 1995 No. 36 ss 1–2, 9 sch
2 date of assent 16 June 1995
commenced on date of assent
Statute Law Revision Act 1995 No. 57 ss 1–2,
4 sch 1 date of assent 28 November 1995
commenced on date of assent
Public Service Act 1996 No. 37 ss 1–2, 147
sch 2 date of assent 22 October 1996
ss
1–2 commenced on date of assent remaining
provisions commenced 1 December 1996 (1996 SL No. 361)
Statutory Bodies Financial Arrangements
Amendment Act 1996 No. 54 ss 1–2, 9 sch date of assent 20
November 1996 ss 1–2 commenced on date of assent
s 9
sch amdt 1 commenced 1 August 1997 (1997 SL No. 229)
remaining provisions commenced 1 June 1997
(1997 SL No. 128) Health Legislation Amendment Act (No. 2) 1996
No. 61 ss 1–2, 15 sch date of assent 9 December 1996
ss
1–2 commenced on date of assent remaining
provisions commenced 20 December 1996 (1996 SL No. 402)
Ambulance Service Amendment Act 1997 No.
6 date of assent 15 May 1997
ss
1–2 commenced on date of assent Page 110
Current as at 20 May 2013
Ambulance Service Act 1991
Endnotes remaining
provisions commenced 13 July 1997 (1997 SL No. 216)
Emergency Services Legislation Amendment Act
1998 No. 37 pts 1–2, s 2 sch date of assent 13
November 1998 commenced on date of assent
Statute Law (Miscellaneous Provisions) Act
1999 No. 19 ss 1–3 sch date of assent 30 April 1999
commenced on date of assent
Charitable and Non-Profit Gaming Act 1999 No.
26 ss 1–2, 196 sch 1 date of assent 16 June 1999
ss
1–2 commenced on date of assent remaining
provisions commenced 1 December 1999 (1999 SL No. 282)
Industrial Relations Act 1999 No. 33 ss 1,
2(2), 747 sch 3 date of assent 18 June 1999
ss
1–2 commenced on date of assent remaining
provisions commenced 1 July 1999 (1999 SL No. 159)
Road
Transport Reform Act 1999 No. 42 ss 1–2(1), 54(3) sch pt 3
date
of assent 2 September 1999 ss 1–2 commenced on date of
assent remaining provisions commenced 1 December
1999 (see s 2(1)) Police Powers and Responsibilities Act 2000
No. 5 ss 1–2, 461 (prev 373) sch 3 date of assent 23
March 2000 ss 1–2 commenced on date of assent
remaining provisions commenced 1 July 2000
(see s 2(1), (3) and 2000 SL No. 174) Mental Health Act
2000 No. 16 ss 1–2, 590 sch 1 pt 2 date of assent 8
June 2000 ss 1–2, 590 commenced on date of assent (see
s 2(1)) remaining provisions commenced 28 February
2002 (2002 SL No. 27) Medical Practitioners Registration Act
2001 No. 7 ss 1–2, 302 sch 2 date of assent 11
May 2001 ss 1–2 commenced on date of assent
remaining provisions commenced 1 March 2002
(2002 SL No. 30) Corporations (Ancillary Provisions) Act 2001
No. 45 ss 1–2, 29 sch 3 date of assent 28 June 2001
ss
1–2 commenced on date of assent sch
3 commenced 15
July 2001 (see
s 2(2) of
Act 2001 No.
45 (Qld) and
Corporations Act 2001 No. 50 (Cwlth) and
proc pubd Cwlth of Australia gaz 13 July 2001, No.
S285) remaining provision commenced immediately
before 15 July 2001 (see s 2(1) of Act 2001 No. 45 (Qld)
and Corporations Act 2001 No. 50 (Cwlth) and proc pubd
Cwlth
of Australia gaz 13 July 2001, No. S285) Emergency
Services Legislation Amendment Act 2001 No. 76 pts 1–2, s 2 sch
1 date of assent 13 November 2001
commenced on date of assent
Current as at 20 May 2013 Page
111
Ambulance Service Act 1991 Endnotes
Emergency Services Legislation Amendment Act
2002 No. 60 pts 1–2, s 23 sch date of assent 14
November 2002 ss 1–2 commenced on date of assent
remaining provisions commenced 6 December
2002 (2002 SL No. 333) Discrimination Law Amendment Act 2002
No. 74 ss 1–2, 90 sch date of assent 13 December 2002
ss
1–2 commenced on date of assent s 90 commenced 31
March 2003 (2003 SL No. 51) remaining provisions commenced 1 April
2003 (2003 SL No. 51) Statute Law (Miscellaneous Provisions)
Act 2003 No. 19 ss 1, 3 sch date of assent 9 May 2003
commenced on date of assent
Community Ambulance Cover Act 2003 No. 34 ss
1–2, pt 12 date of assent 29 May 2003
ss
1–2 commenced on date of assent remaining
provisions commenced 1 July 2003 (see s 2) Statute Law
(Miscellaneous Provisions) Act 2004 No. 53 date of assent 29
November 2004 commenced on date of assent
Public Health Act 2005 No. 48 ss 1–2, 492 sch
1 date of assent 2 November 2005
ss
1–2 commenced on date of assent remaining
provisions commenced 1 December 2005 (2005 SL No. 280)
Health and Other Legislation Amendment Act
2007 No. 28 pts 1, 6 date of assent 28 May 2007
ss
1–2 commenced on date of assent remaining
provisions commenced 20 March 2008 (2008 SL No. 68)
Emergency Services Legislation Amendment Act
2008 No. 64 pts 1–2 date of assent 27 November 2008
ss
1–2 commenced on date of assent ss 3–5, 9, 11–13
commenced 1 January 2009 (2008 SL No. 438) remaining
provisions commenced 2 March 2009 (2008 SL No. 438)
Financial Accountability Act 2009 No. 9 ss 1,
2(2), 136 sch 1 date of assent 28 May 2009
ss
1–2 commenced on date of assent remaining
provisions commenced 1 July 2009 (2009 SL No. 80)
Criminal Code
and Other Legislation (Misconduct, Breaches
of Discipline and
Public Sector Ethics) Amendment Act 2009 No.
25 pt 1, s 83 sch date of assent 11 August 2009
ss
1–2 commenced on date of assent remaining
provisions commenced 2 November 2009 (2009 SL No. 241)
Page
112 Current as at 20 May 2013
Ambulance Service Act 1991
Endnotes Health
Legislation (Health Practitioner Regulation National Law) Amendment
Act 2010 No. 14 pts 1–2, s 3 sch
date
of assent 21 April 2010 ss 1–2 commenced on date of
assent remaining provisions commenced 1 July 2010
(see s 2) Building and Other Legislation Amendment Act
(No. 2) 2010 No. 35 pts 1–2 date of assent 20 September
2010 ss 1–2 commenced on date of assent
remaining provisions commenced 1 December
2010 (2010 SL No. 308) Integrity Reform (Miscellaneous
Amendments) Act 2010 No. 37 pts 1–2 date of assent 20
September 2010 ss 1–2 commenced on date of assent
remaining provisions commenced 1 November
2010 (2010 SL No. 303) Hospital and Health Boards Act 2011 No.
32 ss 1–2, 332 sch 1 pt 2 (prev Health and Hospitals
Network Act 2011) (this Act is amended, see amending
legislation below) date of assent 28
October 2011 ss 1–2 commenced on date of assent
remaining provisions commenced 1 July 2012
(2012 SL No. 61 item 3) (previous proclamation 2012
SL No. 23 item 3 was rep (2012 SL No. 61)) amending
legislation— Health and Hospitals Network and Other
Legislation Amendment Act 2012 No. 9 ss 1–2(1),
47 (amends 2011 No. 32 above) date of assent 27
June 2012 ss 1–2 commenced on date of assent
remaining provisions commenced 1 July 2012
(see s 2(1)) Health Legislation (Health Practitioner
Regulation National Law) Amendment Act 2012 No. 10 pts
1–2 date of assent 27 June 2012
ss
1–2 commenced on date of assent remaining
provisions commenced 1 July 2012 (see s 2) Health
Practitioner Registration and Other Legislation Amendment Act 2013
No. 13 ss 1–2(1), pt 2 date of assent 27
March 2013 ss 1–2 commenced on date of assent
remaining provisions commenced 20 May 2013
(2013 SL No. 69 item 1) Current as at 20 May 2013
Page
113
Ambulance Service Act 1991 Endnotes
6 List of annotations
This
reprint has been renumbered—see table of renumbered provisions in
endnote 8. PART 1—PRELIMINARY Commencement 1.2
om R2
(see RA s 37) Definitions prov hdg
sub
1997 No. 6 s 4(1) s 2 amd 2002 No. 60 s 4(1)
Note—s 2 contained definitions for this Act.
Definitions are now located in the
schedule—Dictionary. Administration of Act
s
3 amd 1997 No. 6 s 3 sch om 1998 No. 37 s
4 PART 2—QUEENSLAND AMBULANCE SERVICE
Division 1—Queensland Ambulance
Service div hdg ins 1997 No. 6 s
5 Establishment of service s 3A
ins
1997 No. 6 s 5 sub 2001 No. 76 s 4 Membership of
service s 3B ins 1997 No. 6 s 5 sub 2001 No. 76 s
4 Service represents the State
s
3C ins 1997 No. 6 s 5 amd 2001 No. 45 s
29 sch 3 om 2001 No. 76 s 4 Service’s
functions s 3D ins 1997 No. 6 s 5 amd 2001 No. 76 s
5; 2008 No. 64 s 4 Chief executive’s responsibility
s
3E ins 1997 No. 6 s 5 sub 2001 No. 76 s
6 Division 2—The commissioner
div
hdg ins 1997 No. 6 s 5 sub 1998 No. 37 s
5 om 2001 No. 76 s 6 ins 2010 No. 37 s
4 Chief executive officer of service
s
3F ins 1997 No. 6 s 5 sub 1998 No. 37 s
5 om 2001 No. 76 s 6 Page 114
Current as at 20 May 2013
Ambulance Service Act 1991
Endnotes Minister’s powers
to give directions s 3G ins 1997 No. 6 s 5 sub 1998 No. 37 s
5 om 2001 No. 76 s 6 Minister’s power
to give directions s 3H ins 1997 No. 6 s 5 om 1998 No. 37 s
5 Membership of board s 3I
ins
1997 No. 6 s 5 om 1998 No. 37 s 5 Term of office of
appointed members s 3J ins 1997 No. 6 s 5 om 1998 No. 37 s
5 Remuneration and allowances of appointed
members s 3K ins 1997 No. 6 s 5 om 1998 No. 37 s
5 Time and place of meetings
s
3L ins 1997 No. 6 s 5 om 1998 No. 37 s
5 Conduct of proceedings s 3M
ins
1997 No. 6 s 5 om 1998 No. 37 s 5 Authentication of
documents s 3N ins 1997 No. 6 s 5 om 1998 No. 37 s
5 Disclosure of interests s 3O
ins
1997 No. 6 s 5 om 1998 No. 37 s 5 Minutes
s
3P ins 1997 No. 6 s 5 om 1998 No. 37 s
5 Appointment of commissioner
s
4 amd 1997 No. 6 s 3 sch Acting
commissioner s 4A ins 1997 No. 6 s 6 amd 2002 No. 60 s
5 Disqualification from appointment
s
5 amd 2000 No. 16 s 590 sch 1 pt 2
Queensland Ambulance Service
s
7 om 1997 No. 6 s 7 Current as at 20
May 2013 Page 115
Ambulance Service Act 1991 Endnotes
Functions of Queensland Ambulance
Service s 8 om 1997 No. 6 s 7 Role of
commissioner s 9 sub 1997 No. 6 s 8 amd 1998 No. 37 s
2 sch; 2001 No. 76 s 7; 2008 No. 64 s 5 Division 3—Staff
of the service generally div hdg ins 1997 No. 6 s
5 om 2010 No. 37 s 4 ins 2010 No. 37 s
5 Finance s 10
om
1997 No. 6 s 9 Authentication of documents
s
11 om 1997 No. 6 s 9 Delegation
s
12 om 1997 No. 6 s 9 Employees
s
13 amd 1996 No. 37 s 147 sch 2; 1997 No. 6 s 3
sch; 1998 No. 37 s 2 sch; 1999 No. 33 s 747 sch
3; 2001 No. 76 s 8 Requirement to disclose previous history of
serious disciplinary action s 13A
ins
2010 No. 37 s 6 Honorary ambulance officers
s
14 amd 1997 No. 6 s 3 sch; 2001 No. 76 s 2 sch
1 Officers employed under this Act
s
15 sub 1996 No. 37 s 147 sch 2
amd
1997 No. 6 s 3 sch; 2009 No. 25 s 83 sch No additional
remuneration s 16 amd 1997 No. 6 s 3 sch; 2001 No. 76 s
2 sch 1 Superannuation scheme s 17
sub
1997 No. 6 s 10 amd 2001 No. 76 s 2 sch 1
Retrenchment and redundancy
s
18 amd 1997 No. 6 s 3 sch; 2001 No. 76 s 2 sch
1 Division 4—Disciplinary action for service
officers and former service officers div hdg
ins
2010 No. 37 s 8 Subdivision 1—Grounds and disciplinary action
generally sdiv 1 (ss 18A–18B) ins 2010 No. 37 s
8 Subdivision 2—Disciplinary action against a
service officer who was a public service employee or fire
service officer sdiv 2 (ss 18C–18G) ins 2010 No. 37 s
8 Page 116 Current as at 20
May 2013
Ambulance Service Act 1991
Endnotes Subdivision
3—Disciplinary action against a former service officer
sdiv
3 (ss 18H–18I) ins 2010 No. 37 s 8 Subdivision
4—Provisions about information about disciplinary action
sdiv
4 (ss 18J–18L) ins 2010 No. 37 s 8 Subdivision
5—Other provisions about disciplinary action etc.
sdiv
5 (ss 18M–18P) ins 2010 No. 37 s 8 PART 3—THE
CORPORATION pt hdg om 1997 No. 6 s
12 Division 5—Other matters about the
service div hdg (prev div 4 hdg)
ins 1997 No. 6 s 11 renum 2010 No. 37 s 7 Fund
s
19 prev s 19 om 1997 No. 6 s 12
pres
s 19 ins 1997 No. 6 s 11 amd 1998 No. 37 s 2 sch
sub
2001 No. 76 s 9 amd 2003 No. 34 s 157; 2009 No. 9 s 136 sch
1 Application of certain Acts
s
20 orig s 20 amd 1996 No. 54 s 9 sch
om
1997 No. 6 s 12 prev s 20 ins 1997 No. 6 s 11
amd
1998 No. 37 s 6 om 2001 No. 76 s 9 Seal
s
21 prev s 21 om 1997 No. 6 s 12
ins
1997 No. 6 s 11 om 2001 No. 76 s 9 Delegations s 22
prev
s 22 om 1997 No. 6 s 12 pres s 22 ins 1997 No. 6 s 11
amd
2001 No. 76 s 2 sch 1 Requirement to report pool immersion
incident s 23 prev s 23 om 1997 No. 6 s 12
pres
s 23 ins 2010 No. 35 s 4 amd 2011 No. 32 s 332 sch 1 pt 2 (amd
2012 No. 9 s 47) Relationship to the Crown s 24
om
1997 No. 6 s 12 Restriction on power to acquire or dispose of
land s 25 om 1997 No. 6 s 12 Property not
subject to rates s 3.8 om 1993 No. 70 s 804 sch
Current as at 20 May 2013 Page
117
Ambulance Service Act 1991 Endnotes
PART
4—LOCAL AMBULANCE COMMITTEES Division
1—Establishment and functions of committees div hdg
ins
2002 No. 60 s 23 sch Functions of committees
s
27 amd 1997 No. 6 s 3 sch Division
2—Conduct of business and membership of committees
div
hdg ins 2002 No. 60 s 23 sch Conduct of
business prov hdg sub 2002 No. 60 s
6(1) s 28 amd 2002 No. 60 s 6(2)–(3)
Members of committees s 29
amd
1991 No. 97 s 3 sch 2; 1997 No. 6 s 3 sch; 2000 No. 16 s 590 sch 1
pt 2; 2002 No. 60 s 7; 2003 No. 34 s 158
Dealing with vacancy in office of a
member s 29A ins 2002 No. 60 s 8
amd
2003 No. 34 s 159 Division 3—Other matters about
committees div hdg ins 2002 No. 60 s
9 Minister may approve or amend
constitution s 31A ins 2002 No. 60 s 9
Commissioner to give constitution to
committees s 31B ins 2002 No. 60 s 9
Committees are statutory bodies
s
32 sub 1996 No. 54 s 9 sch Application of
laws s 33 amd 1995 No. 57 s 4 sch 1; 1998 No. 37
s 2 sch; 1999 No. 26 s 196 sch 1 Effect of
dissolution s 36 amd 1992 No. 36 s 2 sch 2; 1997 No. 6
s 3 sch; 2001 No. 76 s 2 sch 1 PART 4A—ROOT
CAUSE ANALYSES pt hdg ins 2007 No. 28 s
50 Division 1—Preliminary div 1 (ss
36A–36D) ins 2007 No. 28 s 50 Division 2—RCA
teams div 2 (ss 36E–36F) ins 2007 No. 28 s
50 Division 3—Reporting div 3 (ss
36G–36H) ins 2007 No. 28 s 50 Division
4—Stopping conduct of RCA of reportable event div hdg
ins
2007 No. 28 s 50 Page 118 Current as at 20
May 2013
Ambulance Service Act 1991
Endnotes Definition for
div 4 s 36I ins 2007 No. 28 s 50
Stopping conduct of RCA of reportable
event—RCA team s 36J ins 2007 No. 28 s 50
Stopping conduct of RCA of reportable
event—commissioning authority s 36K
ins
2007 No. 28 s 50 amd 2010 No. 14 s 3 sch; 2013 No. 13 s
4 Division 5—Disclosure or release of
information div hdg ins 2007 No. 28 s
50 Definitions for div 5 s 36L
ins
2007 No. 28 s 50 def excluded notifiable conduct
ins
2010 No. 14 s 4 def impairment ins 2010 No. 14 s
4 def National Agency ins 2010 No. 14 s
4 def public risk notifiable conduct
ins
2010 No. 14 s 4 def registered health practitioner
ins
2010 No. 14 s 4 Disclosure of information—RCA team member or
relevant person s 36M ins 2007 No. 28 s 50
amd
2010 No. 14 s 5 Disclosure of information—commissioning
authority or relevant person s 36N
ins
2007 No. 28 s 50 Information about excluded notifiable
conduct s 36NA ins 2010 No. 14 s
6 Release of information to Health Quality and
Complaints Commission s 36O ins 2007 No. 28 s
50 Giving of copy of RCA report or chain of
events document—medical director s 36P
ins
2007 No. 28 s 50 Giving of copy of RCA report
etc.—investigation under the Coroners Act 2003 s 36Q
ins
2007 No. 28 s 50 Giving of information to Minister or chief
executive s 36R ins 2007 No. 28 s 50
Giving of
copy of,
or information contained
in, RCA report—person who
has sufficient personal or professional
interest s 36S ins 2007 No. 28 s 50
Information not to be given in
evidence s 36T ins 2007 No. 28 s 50
Information provider
can not be
compelled to
give particular information in
evidence s 36U
ins
2007 No. 28 s 50 Current as at 20 May 2013 Page
119
Ambulance Service Act 1991 Endnotes
Division 6—Protections div 6 (ss
36V–36Z) ins 2007 No. 28 s 50 Division
7—Miscellaneous div hdg ins 2007 No. 28 s
50 Application of provisions of this part
s
36ZA ins 2007 No. 28 s 50 RCA report not
admissible in evidence s 36ZB ins 2007 No. 28 s
50 amd 2010 No. 14 s 3 sch; 2013 No. 13 s
5 Review of pt 4A s 36ZC
ins
2007 No. 28 s 50 PART 5—ADMINISTRATION AND POWERS
Authorised officers s 37
amd
1997 No. 6 s 3 sch Powers of authorised officers
s
38 amd 1998 No. 37 s 2 sch Protection from
certain liability s 39 amd 1997 No. 6 s 3 sch; 2001 No. 76 s
2 sch 1 Power to accept gifts etc.
s
40 amd 1997 No. 6 ss 13, 3 sch; 2001 No. 76 s 2
sch 1 Codes of practice s 41
amd
1997 No. 6 s 3 sch; 1998 No. 37 s 2 sch PART
5A—INVESTIGATION OFFICERS pt hdg ins 2008 No. 64 s
6 Division 1—Investigation officers
div 1
(ss 41A–41G) ins 2008 No. 64 s 6 Division 2—Powers
of investigation officers div 2 (ss 41H–41K) ins 2008 No. 64 s
6 Division 3—Protection from liability
div 3
(s 41L) ins 2008 No. 64 s 6 PART
6—OFFENCES Right of way to ambulances
s
42 amd 1997 No. 6 s 3 sch; 1998 No. 37 s 2 sch;
1999 No. 19 s 3 sch; 1999 No. 42 s 54(3) sch pt
3 Unauthorised ambulance transport
s
43 amd 1997 No. 6 s 3 sch; 2001 No. 76 s 2 sch
1; 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s
47) Page 120 Current as at 20
May 2013
Ambulance Service Act 1991
Endnotes Failure to help
investigation officer s 44 prev s 44 amd
1991 No. 97 s 3 sch 2; 1996 No. 61 s 15 sch; 1997 No. 6 s 3
sch;
2001 No. 7 s 302 sch 2 om 2003 No. 34 s 160
pres
s 44 ins 2008 No. 64 s 7 Failure to answer questions
s
45 prev s 45 amd 1991 No. 97 s 3 sch 2; 1997
No. 6 s 3 sch om 2003 No. 34 s 161 pres s 45 ins
2008 No. 64 s 7 Failure to give name or address
s
45A ins 2008 No. 64 s 7 False or
misleading statements s 45B ins 2008 No. 64 s
7 False or misleading documents
s
45C ins 2008 No. 64 s 7 Obstruction s 46
amd
2000 No. 5 s 461 sch 3 False calls for ambulance
service s 47 amd 1997 No. 6 s 3 sch; 2001 No. 76 s
2 sch 1 sub 2008 No. 64 s 8 Restricted use of
words ‘Ambulance Service’ s 48 amd 1991 No. 97 s
3 sch 2; 1997 No. 6 s 3 sch; 2001 No. 76 s 2 sch 1; 2003
No.
34 s 162; 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47)
Unauthorised disclosure of confidential
information by a designated officer s 49
amd
1997 No. 6 s 3 sch; 2001 No. 7 s 302 sch 2; 2002 No. 74 s 90
sch sub 2008 No. 64 s 9 Unauthorised
disclosure of confidential information by an informed person
s
49A ins 2008 No. 64 s 9 Proceedings for
offences s 50 amd 2001 No. 76 s 2 sch 1; 2007 No. 28
s 51 Proceedings for indictable offences
s
50A ins 2007 No. 28 s 52 Limitation on who
may summarily hear indictable offence s 50B
ins
2007 No. 28 s 52 Order for payment if guilty of false
call s 50C ins 2008 No. 64 s 10
PART
7—GENERAL Division 1—Confidentiality
div
hdg ins 2008 No. 64 s 11 Current as at 20
May 2013 Page 121
Ambulance Service Act 1991 Endnotes
Definitions for div 1 s 50D
ins
2008 No. 64 s 11 def health practitioner registration
Act om 2010 No. 14 s 3 sch def
health professional sub 2010 No. 14 s
3 sch; 2012 No. 10 s 4 Disclosure required or permitted by
law s 50E ins 2008 No. 64 s 11
Disclosure with consent s 50F
ins
2008 No. 64 s 11 Disclosure to person who has sufficient
interest in health and welfare of person s 50G
ins
2008 No. 64 s 11 Disclosure of confidential information for
care or treatment of person s 50H
ins
2008 No. 64 s 11 Disclosure is general condition of
person s 50I ins 2008 No. 64 s 11
Disclosure to police or corrective services
officers s 50J ins 2008 No. 64 s 11
Disclosure for administering, monitoring or
enforcing compliance with Act s 50K
ins
2008 No. 64 s 11 Disclosure to Commonwealth, another State or
Commonwealth or State entity s 50L
ins
2008 No. 64 s 11 Disclosure to Health Quality and Complaints
Commission s 50M ins 2008 No. 64 s 11
Disclosure to Australian Red Cross
Society s 50N ins 2008 No. 64 s 11
Disclosure to person performing function
under Coroners Act 2003 s 50O ins 2008 No. 64 s
11 Disclosure is authorised by chief
executive s 50P ins 2008 No. 64 s 11
Necessary or incidental disclosure
s
50Q ins 2008 No. 64 s 11 Application of
this division to former designated officers s 50R
ins
2008 No. 64 s 11 Division 2—Other matters div hdg
ins
2008 No. 64 s 11 Exemption from tolls s 51
amd
1997 No. 6 s 3 sch Service of documents s 53
amd
1997 No. 6 s 3 sch om 2001 No. 76 s 2 sch 1 Page 122
Current as at 20 May 2013
Ambulance Service Act 1991
Endnotes Function of
Emergency Services Advisory Council s 53A
ins
1998 No. 37 s 7 amd 2003 No. 19 s 3 sch; 2008 No. 64 s
12 Exemption from payment for ambulance
service s 53B ins 2003 No. 34 s 163
amd
2004 No. 53 s 2 sch Agreement about payment for ambulance
service s 53C ins 2003 No. 34 s 163
amd
2004 No. 53 s 2 sch; 2005 No. 48 sch 1; 2011 No. 32 s 332 sch 1 pt
2 (amd 2012 No. 9 s 47) Recovery of fees
and charges s 53D ins 2003 No. 34 s 163
Regulation-making power prov hdg
amd
2003 No. 34 s 164(1) s 54 amd 1995 No. 57 s
4 sch 1; 1997 No. 6 s 3 sch; 2001 No. 76 s 2 sch 1; 2003
No.
34 s 164(2)–(6); 2007 No. 28 s 53 PART 8—SAVINGS
AND TRANSITIONAL PROVISIONS pt hdg
sub
1997 No. 6 s 14 Division 1—Provisions for
Act before commencement of
Emergency Services
Legislation Amendment Act 1998
div
hdg ins 1998 No. 37 s 2 sch Definitions s 54A
ins
1997 No. 6 s 15 amd 1998 No. 37 s 2 sch Superannuation
entitlements s 55 amd 1994 No. 87 s 3 sch 1; 1995 No. 36
s 9 sch 2 References to the board and previous
committees s 56 amd 1997 No. 6 s 16
Dissolution of board s 8.1
om
1991 No. 97 s 3 sch 2 Employment of staff of Board and
previous Committees s 8.2 om 1995 No. 57 s 4 sch 1
Honorary ambulance officers
s
8.3 om 1991 No. 97 s 3 sch 2 Previous
committees s 8.4 om 1991 No. 97 s 3 sch 2
Transfer of assets and liabilities of the
board s 8.6 om 1991 No. 97 s 3 sch 2
Transfer of assets and liabilities of
previous committees s 8.7 om 1991 No. 97 s 3 sch 2
Current as at 20 May 2013 Page
123
Ambulance Service Act 1991 Endnotes
References to Ambulance Services Act
1967 s 57 ins 1994 No. 15 s 3 sch 2
Numbering and renumbering of Act
s
8.9 orig s 8.9 om 1991 No. 97 s 3 sch 2
prev
s 8.9 ins 1995 No. 57 s 4 sch 1 om R2 (see RA s
37) Duty to facilitate transfer of property
etc. s 8.10 om 1995 No. 57 s
4 sch 1 Savings and transitional s 8.11
om
1995 No. 57 s 4 sch 1 Repeals s 8.12
om
1991 No. 97 s 3 sch 2 References to corporation and former
service s 58 ins 1997 No. 6 s 17
Vesting of assets s 59
ins
1997 No. 6 s 17 Legal proceedings s 60
ins
1997 No. 6 s 17 Ambulance officers s 61
ins
1997 No. 6 s 17 Medical officers s 62
ins
1997 No. 6 s 17 Administrative and service officers
s
63 ins 1997 No. 6 s 17 Conditions of
employment of transferred officers s 64
ins
1997 No. 6 s 17 Honorary ambulance officers
s
65 ins 1997 No. 6 s 17 Trusts
s
66 ins 1997 No. 6 s 17 Duty to assist
transfer of property s 67 ins 1997 No. 6 s
17 amd 1998 No. 37 s 2 sch Division
2—Provision for Emergency Services Legislation Amendment Act
1998 div hdg ins 1998 No. 37 s
8 Board members go out of office
s
68 prev s 68 ins 1997 No. 6 s 17
exp
13 July 1998 (see s 68(2)) pres s 68 ins 1998 No. 37 s 8
Page
124 Current as at 20 May 2013
Ambulance Service Act 1991
Endnotes Division
3—Provisions for Emergency Services Legislation Amendment Act
2001 div hdg ins 2001 No. 76 s
10 Definitions for div 3 s 69
ins
2001 No. 76 s 10 Former service dissolved s 70
ins
2001 No. 76 s 10 Superannuation entitlements
s
71 ins 2001 No. 76 s 10 References to
former service s 72 ins 2001 No. 76 s 10
Vesting of assets s 73
ins
2001 No. 76 s 10 Legal or disciplinary proceedings
s
74 ins 2001 No. 76 s 10 Suspension
s
75 ins 2001 No. 76 s 10 Service
officers s 76 ins 2001 No. 76 s 10
Conditions of employment of transferred
officers s 77 ins 2001 No. 76 s 10
Honorary ambulance officers
s
78 ins 2001 No. 76 s 10 Trusts
s
79 ins 2001 No. 76 s 10 Duty to help
transfer of property s 80 ins 2001 No. 76 s
10 Things taken to have been done etc. by
commissioner s 81 ins 2001 No. 76 s 10
Things taken to have been done etc. by chief
executive s 82 ins 2001 No. 76 s 10
Other
things taken to have been done etc. by chief executive
s
83 ins 2001 No. 76 s 10 Other things
taken to have been done etc. by the State s 84
ins
2001 No. 76 s 10 Closure of Ambulance Service Fund
s
85 ins 2001 No. 76 s 10 Transitional
regulation-making power s 86 ins 2001 No. 76 s
10 Current as at 20 May 2013 Page
125
Ambulance Service Act 1991 Endnotes
exp
13 November 2002 (see s 86(3)) Division
4—Provisions for Emergency Services Legislation Amendment Act
2002 div 4 (ss 87–91) ins 2002 No. 60 s
10 Division 5—Provisions for Community Ambulance
Cover Act 2002 div 5 (ss 92–95) ins 2003 No. 34 s
165 Division 6—Provisions for Integrity Reform
(Miscellaneous Provisions) Amendment Act 2010
div 6
(ss 96–99) ins 2010 No. 37 s 9 SCHEDULE—DICTIONARY sch hdg
ins
2002 No. 60 s 23 sch sch Note—definitions
for this Act were originally located in prev s 2.
def ambulance officer reloc 2002 No. 60
s 4(3) def ambulance service reloc 2002 No. 60
s 4(3) amd 2008 No. 64 s 13(2) def
appointed member ins 1997 No. 6 s
4(3) om from prev s 2 1998 No. 37 s 2 sch
def approved superannuation scheme
ins
1997 No. 6 s 4(3) reloc 2002 No. 60 s 4(3) def
authorised officer reloc 2002 No. 60
s 4(3) def award ins 2010 No. 37 s
10 def blameworthy act ins 2007 No. 28 s
54 def board sub 1997 No. 6 s
4(2)–(3) om from prev s 2 1998 No. 37 s 2 sch
def chain of events document
ins
2007 No. 28 s 54 def chief executive officer
ins
1998 No. 37 s 2 sch om from prev s 2 2001 No. 76 s 3
def code of practice ins 2010 No. 37 s
10 def commencement ins 2010 No. 37 s
10 def commissioner amd 1997 No. 6 s
4(4) reloc 2002 No. 60 s 4(3) def
commissioning authority ins 2007 No. 28 s
54 def committee reloc 2002 No. 60
s 4(3) def constitution ins 2002 No. 60 s
4(2) reloc 2002 No. 60 s 4(3) def
conviction ins 1997 No. 6 s
4(3) reloc 2002 No. 60 s 4(3) def
coroner ins 2007 No. 28 s
54 def corporation om from prev s 2
1997 No. 6 s 4(2) def director om from prev s 2
1997 No. 6 s 4(2) def disciplinary action
ins
2010 No. 37 s 10 def disciplinary declaration
ins
2010 No. 37 s 10 def disciplinary finding
ins
2010 No. 37 s 10 def disciplinary ground
ins
2010 No. 37 s 10 def employing chief executive
ins
2010 No. 37 s 10 def employee of a previous
committee om from prev s 2 1997 No. 6 s 4(2)
def employee of the board
om
from prev s 2 1997 No. 6 s 4(2) Page 126
Current as at 20 May 2013
Ambulance Service Act 1991
Endnotes def
excluded notifiable conduct
ins
2010 No. 14 s 7 def fire service chief executive
ins
2010 No. 37 s 10 def fire service officer
ins
2010 No. 37 s 10 def former service officer
ins
2010 No. 37 s 10 def Health Practitioner Regulation
National Law (Queensland) ins 2012 No. 10 s 5
def health service ins 2008 No. 64 s
13(1) sub 2011 No. 32 s 332 sch 1 pt 2 (amd 2012
No. 9 s 47) def honorary ambulance officer
ins
2008 No. 64 s 13(1) def impairment ins 2010 No. 14 s
7 def industrial agreement
ins
2010 No. 37 s 10 def industrial instrument
ins
2010 No. 37 s 10 def information ins 2007 No. 28 s
54 def medical director ins 2007 No. 28 s
54 def National Agency ins 2010 No. 14 s
7 def normal remuneration
ins
2010 No. 37 s 10 def notice ins 2007 No. 28 s
54 def officer of the Queensland Ambulance
Service om from prev s 2 1997 No.
6 s
4(2) def previous chief executive
ins
2010 No. 37 s 10 def previous committee om from prev s 2
1997 No. 6 s 4(2) def public risk notifiable conduct
ins
2010 No. 14 s 7 def public sector disciplinary law
ins
2010 No. 37 s 10 def RCA report ins 2007 No. 28 s
54 def RCA team ins 2007 No. 28 s
54 def registered health practitioner
ins
2010 No. 14 s 7 def relevant disciplinary ground
ins
2010 No. 37 s 10 def relevant disciplinary law
ins
2010 No. 37 s 10 def relevant disciplinary provision
ins
2010 No. 37 s 10 def relevant person ins 2007 No. 28 s
54 def repealed Act om from prev s 2
1997 No. 6 s 4(2) def reportable event ins 2007 No. 28 s
54 def reprisal ins 2007 No. 28 s
54 def root cause analysis
or RCA ins 2007 No. 28 s
54 def serious disciplinary action
ins
2010 No. 37 s 10 def service ins 1997 No. 6 s
4(3) reloc 2002 No. 60 s 4(3) def
service officer ins 1997 No. 6 s
4(3) reloc 2002 No. 60 s 4(3) def
subscriber amd 1997 No. 6 s
4(4); 1998 No. 37 s 3 reloc 2002 No. 60 s 4(3)
om
2003 No. 34 s 166 def takes a reprisal ins 2007 No. 28 s
54 Current as at 20 May 2013 Page
127
Ambulance Service Act 1991 Endnotes
7 Forms notified or published in the
gazette Lists of forms are no longer included in
reprints. Now see the separate forms document published
on the website
of the Office
of the Queensland
Parliamentary Counsel
at <www.legislation.qld.gov.au>
under Information—Current annotations. This document is
updated weekly and the most recent changes
are marked with a change bar. 8
Table of renumbered provisions
under
the Reprints Act 1992 s 43 as required by the Ambulance Service Act
1991 s 8.9 [Reprint No. 2] Previous
Renumbered as 1.1 . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1
1.3 .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. .2 1.4 . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . .3 2.1 . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
2.2 .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. .5 2.3 . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . .6 2.4 . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
2.5 .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. .8 2.6 . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . .9 2.7 . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.10 2.8 . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . .11 2.9 . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.12 2.10 . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . .13 2.11 . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.14 2.12 . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . .15 2.13 . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.16 2.14 . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . .17 2.15 . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.18 3.1 . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . .19 3.2 . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.20 3.3 . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . .21 3.4 . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.22 3.5 . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . .23 3.6 . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.24 3.7 . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . .25 4.1 . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.26 4.2 . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . .27 4.3 . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.28 4.4 . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . .29 4.5 . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.30 4.6 . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . .31 4.7 . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.32 Page 128 Current as at 20
May 2013
Ambulance Service Act 1991
Endnotes Previous
Renumbered as 4.8 . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.33 4.9 . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . .34 4.10 . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.35 4.11 . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . .36 5.1 . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.37 5.2 . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . .38 5.3 . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.39 5.4 . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . .40 5.5 . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.41 6.1 . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . .42 6.2 . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.43 6.3 . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . .44 6.4 . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.45 6.5 . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . .46 6.6 . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.47 6.7 . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . .48 6.8 . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.49 6.9 . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . .50 7.1 . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.51 7.2 . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . .52 7.3 . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.53 7.4 . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . .54 8.5 . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.55 8.8 . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . .56 8.8A . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.57 © State of Queensland 2013
Authorised by the Parliamentary
Counsel Current as at 20 May 2013 Page
129