Ambulance Service Regulation 2003

Queensland Ambulance Service Act 1991 Ambulance Service Regulation 2003 Current as at 1 July 2015 Reprint note This is the last reprint before repeal. Repealed on 21 August 2015 by 2015 SL No. 97 s 8.

Information about this reprint This reprint shows the legislation current as at the date on the cover and is authorised by the Parliamentary Counsel. A new reprint of the legislation will be prepared by the Office of the Queensland Parliamentary Counsel when any change to the legislation takes effect. This change may be because a provision of the original legislation, or an amendment to it, commences or because a particular provision of the legislation expires or is repealed. When a new reprint is prepared, this reprint will become a historical reprint. Also, if it is necessary to replace this reprint before a new reprint is prepared, for example, to include amendments with a retrospective commencement, an appropriate note would be included on the cover of the replacement reprint and on the copy of this reprint at www.legislation.qld.gov.au. The endnotes to this reprint contain detailed information about the legislation and reprint. For example— • The table of reprints endnote lists any previous reprints and, 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. • The list of legislation endnote gives historical information about the original legislation and the legislation which amended it. It also gives details of uncommenced amendments to this legislation. For information about possible amendments to the legislation by Bills introduced in Parliament, see the Queensland Legislation Current Annotations at www.legislation.qld.gov.au/Leg_Info/ information.htm. • The list of annotations endnote gives historical information at section level. All Queensland reprints are dated and authorised by the Parliamentary Counsel. The previous numbering system and distinctions between printed and electronic reprints are not continued.

Queensland Ambulance Service Regulation 2003 Contents 1 2 3 4 5 5A 5B 6 Schedule 1 Part 1 Part 2 Schedule 2 1 2 3 4 5 Page Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Transport by ambulance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Fees for ambulance services . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Prescribed agreement between Queensland and the Commonwealth, another State or an entity—Act, s 50L(1)(a). . . . . . . . . . . . . . . . . 6 Prescribed agreement between the service and an entity—Act, s 50L(1)(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Repeal of Ambulance Service Regulation 1991. . . . . . . . . . . . . . 6 Agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Agreement with Commonwealth, State or entity Agreement with entity of the State Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Index to endnotes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Ambulance Service Regulation 2003 [s 1] Ambulance Service Regulation 2003 [as amended by all amendments that commenced on or before 1 July 2015] 1 Short title This regulation may be cited as the Ambulance Service Regulation 2003 . 2 Commencement This regulation commences on 1 July 2003. 3 Definitions The dictionary in schedule 2 defines particular words used in this regulation. 4 Transport by ambulance (1) If a person is involved in an accident or emergency and is transported by ambulance, the person may be taken to— (a) the nearest public hospital; or (b) another public hospital that a health service chief executive of a Hospital and Health Service under the Hospital and Health Boards Act 2011 has decided is appropriate for the treatment of the person; or (c) if transport to a hospital mentioned in paragraph (a) or (b) is not practicable—a private hospital; or (d) if arrangements have been made with a doctor—the doctor’s surgery; or (e) at the request of the person or the person’s parent or guardian— (i) the accident and emergency department of a local private hospital; or Current as at 1 July 2015 Page 3

Ambulance Service Regulation 2003 [s 5] (ii) if a local doctor’s surgery or office has the facilities to receive and treat the person—the surgery or office. (2) If a person in need of ambulance transport has been seen by a doctor, the person may be transported to a place nominated by the doctor. (3) Ambulance transport of a person from a hospital or a doctor’s surgery to another place of medical care or a private residence may be provided only on the written request of a doctor. (4) A doctor must not make a nomination under subsection (2) or a request under subsection (3) unless the doctor is satisfied that the person can not safely, or reasonably, travel by an alternative form of transport. (5) The commissioner may— (a) divert an ambulance to the scene of an accident or emergency; or (b) allow more than 1 person to be transported in an ambulance; or (c) limit the amount of baggage and the number of persons accompanying a person being transported in an ambulance. (6) Despite subsections (1), (2) and (5)(a), an ambulance officer may transport a person to any place where medical treatment is provided if the officer believes the person needs urgent medical treatment. 5 Fees for ambulance services (1) The fees payable by a non-exempt person to the Queensland Ambulance Service for ambulance services provided to the person are as follows— (a) for emergency transport—$1172.90; (b) for non-emergency transport— (i) if the ambulance does not travel more than 50km—$434.60; or Page 4 Current as at 1 July 2015

Ambulance Service Regulation 2003 [s 5] (ii) otherwise—$434.60 plus $1.79 for each kilometre or part of a kilometre over 50km travelled by the ambulance; (c) for ambulance attendance if ambulance transport is refused or not required and an ambulance officer examines the person or provides the person with first aid or emergency treatment—the greater of— (i) $119.40; or (ii) $16.40 for each kilometre or part of a kilometre travelled by the ambulance, to a maximum of $1172.90; (d) for the treatment of the person at an ambulance casualty centre—$20.20. (2) If the Queensland Ambulance Service receives an amount from the Motor Accident Insurance Fund for providing an ambulance service to the person, a fee is not payable under this section by the person for the service. (3) For subsection (1)(b) and (c), the distance travelled by the ambulance is taken— (a) to begin at the ambulance station nearest the place of attendance on the person; and (b) to finish at that station. (4) If more than 1 non-exempt person is transported in an ambulance at the one time, the prescribed fee is payable by each person. (5) Despite subsection (4), a fee is not payable by a non-exempt person who is merely accompanying a person being transported in an ambulance. (6) Despite subsection (1), for a person under a disability, the fee is payable by the person’s parent or guardian, manager or legal representative, as the case may be. (7) This section does not apply to the special use of ambulance services and vehicles for which the chief executive has set fees under section 54(4) of the Act. Current as at 1 July 2015 Page 5

Ambulance Service Regulation 2003 [s 5A] 5A Prescribed agreement between Queensland and the Commonwealth, another State or an entity—Act, s 50L(1)(a) The agreement stated in schedule 1, part 1, is prescribed for section 50L(1)(a) of the Act. 5B Prescribed agreement between the service and an entity—Act, s 50L(1)(b) The agreement stated in schedule 1, part 2, is prescribed for section 50L(1)(b) of the Act. 6 Repeal of Ambulance Service Regulation 1991 The Ambulance Service Regulation 1991 is repealed. Page 6 Current as at 1 July 2015

Schedule 1 Ambulance Service Regulation 2003 Schedule 1 Agreements sections 5A and 5B Part 1 Agreement with Commonwealth, State or entity The agreement dated 1 December 2008 called, ‘Deed of Standing Offer between the Commonwealth of Australia (as represented by the Department of Veterans’ Affairs), the Repatriation Commission and the Military Rehabilitation and Compensation Commission; and the State of Queensland (as represented by the Department of Emergency Services—Queensland Ambulance Service), relating to the provision and payment of ambulance services provided to entitled persons in the State of Queensland’, as amended by the deeds of variation dated 16 September 2011 and 12 January 2012. Part 2 Agreement with entity of the State The agreement dated 8 August 2011 called, ‘Memorandum of Understanding on the Provision of Transport and Pre-Hospital Patient Care between Q-COMP – the Workers’ Compensation Regulatory Authority and Queensland Ambulance Service for the 2011-12 financial year’. The agreement dated 1 June 2011 called, ‘Memorandum of Understanding in relation to Queensland Health Authorised Transports between Queensland Health and the Department of Community Safety through Queensland Ambulance Service’. Current as at 1 July 2015 Page 7

Ambulance Service Regulation 2003 Schedule 2 Schedule 2 Dictionary section 3 emergency transport means transport provided by the service in response to a request for urgent help. estate under management see the Public Trustee Act 1978 , section 64. guardian means a person who is recognised in law as having all the duties, powers, responsibilities and authority that, by law, parents have in relation to their children. non-emergency transport means transport provided by the service other than emergency transport. non-exempt person means a person other than a person who, under section 53B(1) of the Act, is not liable to pay a charge under the Act for the use of an ambulance service. person under a disability means a non-exempt person who is— (a) a dependent minor; or (b) a person whose estate is an estate under management; or (c) a person otherwise legally incapable of managing the person’s estate. Page 8 Current as at 1 July 2015

1 Index to endnotes 2 Key 3 Table of reprints 4 List of legislation 5 List of annotations Ambulance Service Regulation 2003 Endnotes 2 Key Key to abbreviations in list of legislation and annotations Key Explanation Key Explanation AIA = Acts Interpretation Act 1954 (prev) = previously amd = amended proc = proclamation amdt = amendment prov = provision ch = chapter pt = part def = definition pubd = published div = division R[X] = Reprint No. [X] exp = expires/expired RA = Reprints Act 1992 gaz = gazette reloc = relocated hdg = heading renum = renumbered ins = inserted rep = repealed lap = lapsed (retro) = retrospectively notfd = notified rv = revised version num = numbered s = section o in c = order in council sch = schedule om = omitted sdiv = subdivision orig = original SIA = Statutory Instruments Act 1992 p = page SIR = Statutory Instruments Regulation 2012 para = paragraph SL = subordinate legislation prec = preceding sub = substituted pres = present unnu = unnumbered m prev = previous Current as at 1 July 2015 Page 9

Ambulance Service Regulation 2003 Endnotes 3 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 3003 9601 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 1A 1B 1C 1D 1E Amendments included none 2004 SL No. 105 2005 SL No. 105 2005 SL No. 105 2006 SL No. 169 2007 SL No. 131 2— 2A 2008 SL No. 205 2B 2009 SL No. 60 2C 2009 SL No. 113 2D 2010 SL No. 117 3— 3A 2011 SL No. 104 3B 2012 SL No. 30 Effective 1 July 2003 1 July 2004 3 June 2005 1 July 2005 1 July 2006 1 July 2007 1 July 2007 1 July 2008 22 May 2009 1 July 2009 1 July 2010 1 July 2010 1 July 2011 17 February 2012 Notes R1E withdrawn, see R2 R2D withdrawn, see R3 Page 10 Current as at 1 July 2015

Reprint No. 3C Amendments included 2012 SL No. 90 2012 SL No. 91 Current as at 1 July 2013 1 October 2014 1 July 2015 Ambulance Service Regulation 2003 Endnotes Effective 1 July 2012 Notes Amendments included 2013 SL No. 110 2014 SL No. 211 2015 SL No. 49 Notes 4 List of legislation Regulatory impact statements For subordinate legislation that has a regulatory impact statement, specific reference to the statement is included in this list. Explanatory notes All subordinate legislation made on or after 1 January 2011 has an explanatory note. For subordinate legislation made before 1 January 2011 that has an explanatory note, specific reference to the note is included in this list. Ambulance Service Regulation 2003 SL No. 148 made by the Governor in Council on 26 June 2003 notfd gaz 27 June 2003 pp 749–56 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2003 (see s 2) exp 31 August 2015 (see SIA s 56A(2) and SIR s 3 sch 2 pt 2) Note—The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. amending legislation— Ambulance Service Amendment Regulation (No. 1) 2004 SL No. 105 notfd gaz 25 June 2004 pp 573–81 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2004 (see s 2) Emergency Services Legislation Amendment Regulation (No. 1) 2005 SL No. 105 pts 1–2 notfd gaz 3 June 2005 pp 415–19 s 4(2)–(9) commenced 1 July 2005 (see s 2) remaining provisions commenced on date of notification Ambulance Service Amendment Regulation (No. 1) 2006 SL No. 169 Current as at 1 July 2015 Page 11

Ambulance Service Regulation 2003 Endnotes notfd gaz 30 June 2006 pp 1060–7 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2006 (see s 2) Ambulance Service Amendment Regulation (No. 1) 2007 SL No. 131 notfd gaz 22 June 2007 pp 1018–20 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2007 (see s 2) Ambulance Service Amendment Regulation (No. 1) 2008 SL No. 205 notfd gaz 27 June 2008 pp 1268–78 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2008 (see s 2) Ambulance Service Amendment Regulation (No. 1) 2009 SL No. 60 notfd gaz 22 May 2009 pp 331-3 commenced on date of notification Ambulance Service Amendment Regulation (No. 2) 2009 SL No. 113 notfd gaz 26 June 2009 pp 831–7 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2009 (see s 2) Community Safety (Fees) Amendment Regulation (No. 1) 2010 SL No. 117 pts 1–2 notfd gaz 18 June 2010 pp 529–35 ss 1–2 commenced on date of notification remaining provisions commence 1 July 2010 (see s 2) Note—An explanatory note was prepared. Community Safety (Fees) Amendment Regulation (No. 1) 2011 SL No. 104 pts 1–2 notfd gaz 24 June 2011 pp 534–8 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2011 (see s 2) Ambulance Service Amendment Regulation (No. 1) 2012 SL No. 30 notfd gaz 17 February 2012 pp 340–3 commenced on date of notification Health and Hospitals Network and Other Legislation Amendment Regulation (No. 1) 2012 SL No. 90 pt 1, s 41 sch notfd gaz 29 June 2012 pp 704–710 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2012 (see s 2) Community Safety (Fees and Other Matters) Amendment Regulation (No. 1) 2012 SL No. 91 pts 1–2 notfd gaz 29 June 2012 pp 704–710 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2012 (see s 2) Page 12 Current as at 1 July 2015

Ambulance Service Regulation 2003 Endnotes Community Safety Legislation Amendment Regulation (No. 1) 2013 SL No. 110 ss 1– 2(1), pt 2 notfd gaz 21 June 2013 pp 503–7 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2013 (see s 2(1)) Health Legislation (Fees) Amendment Regulation (No. 1) 2014 SL No. 211 pts 1–2 notfd <www.legislation.qld.gov.au> 26 September 2014 ss 1–2 commenced on date of notification remaining provisions commenced 1 October 2014 (see s 2) Health Legislation (Fees) Amendment Regulation (No. 1) 2015 SL No. 49 pts 1–2 notfd <www.legislation.qld.gov.au> 1 July 2015 ss 1–2 commenced on date of notification remaining provisions will commence on 1 October 2015 (see s 2) 5 List of annotations Definitions s 3 amd 2009 SL No. 60 s 3 Transport by ambulance s 4 amd 2012 SL No. 90 s 41 sch Fees for ambulance services prov hdg amd 2005 SL No. 105 s 4(1) s 5 amd 2004 SL No. 105 s 4; 2005 SL No. 105 s 4(2)–(9); 2006 SL No. 169 s 4; 2007 SL No. 131 s 4; 2008 SL No. 205 s 4; 2009 SL No. 113 s 4; 2010 SL No. 117 s 4; 2011 SL No. 104 s 4; 2012 SL No. 91 s 4; 2013 SL No. 110 s 4; 2014 SL No. 211 s 4; 2015 SL No. 49 s 4 Prescribed agreement between Queensland and the Commonwealth, another State or an entity—Act, s 50L(1)(a) s 5A ins 2009 SL No. 60 s 4 Prescribed agreement between the service and an entity—Act, s 50L(1)(b) s 5B ins 2009 SL No. 60 s 4 SCHEDULE 1—AGREEMENTS ins 2009 SL No. 60 s 6 amd 2012 SL No. 30 s 3 SCHEDULE 2—DICTIONARY sch 2 (prev sch) renum 2009 SL No. 60 s 5 © State of Queensland 2015 Authorised by the Parliamentary Counsel Current as at 1 July 2015 Page 13