New South Wales Repealed Acts

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This legislation has been repealed.

AMBULANCE SERVICES ACT 1990 - SCHEDULE 3

SCHEDULE 3 – Savings, transitional and other provisions

(Section 33)

Part 1 - Preliminary

1 Savings and transitional regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act.
(2) Any such provision may, if the regulations so provide, take effect on the date of assent to this Act or a later date.
(3) To the extent to which any such provision takes effect on a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

Part 2 - Provisions consequent on the enactment of this Act

2 Definitions

In this Part:
"appointed day" means the date of commencement of section 4.
"Corporation" means the Health Administration Corporation constituted by the Health Administration Act 1982 .
"repealed Act" means the Ambulance Services Act 1976 .

3 Staff

(1) Any members of the staff of the Corporation engaged, immediately before the appointed day, in the New South Wales Ambulance Service established by the Corporation are to be taken to be employed under this Act as members of the staff of the Ambulance Service constituted under this Act.
(2) For the purpose of any law, any period of service with the Corporation by any such member of staff is to be taken to be a period of service with the Ambulance Service.
(3) Any such member retains any rights to annual leave, extended service leave and sick leave accrued or accruing in his or her previous employment with the Corporation.
(4) Any such members of staff are (until other provision is duly made) to be employed in accordance with the awards, industrial agreements and determinations applying immediately before the appointed day to those members.
(5) Any such determinations are to be taken to be determinations made by the Corporation under section 15.
(6) Any such awards or industrial agreements are (until other provision is duly made) to be taken as applying to members of the staff of the Ambulance Service employed after the appointed day.

4 Honorary ambulance officers

A person who, immediately before the appointed day, was a person in respect of whom an appointment as an honorary ambulance officer was in force under section 6 of the repealed Act is to be taken to be an honorary ambulance officer appointed under section 14.

5 Exculpation from certain liability

Section 14A of the repealed Act is to be taken as continuing to apply in respect of any injury or damage caused by a person before the repeal of that Act.

6 Approved ambulance service

For the purposes of section 298 of the Local Government Act 1919 , an ambulance service that, immediately before the appointed day, was an ambulance service approved by the Corporation is, on and from that day, to be taken to be an ambulance service approved by the Ambulance Service.

7 Vesting of assets etc in Ambulance Service

(1) The Minister may determine in writing the arrangements to be made for the apportionment of assets (excluding land and interests in land), rights, debts and liabilities of the Corporation between it and the Ambulance Service.
(2) In making such a determination, the Minister is to specify in writing when it is to take effect, being a day not earlier than the date of the determination.
(3) The following provisions apply on the day on which such a determination takes effect in respect of any asset, right, debt or liability to the extent to which it is vested in the Ambulance Service by the determination:
(a) all personal property (including any estate or interest in, or right to control or manage, personal property) that, immediately before that day, was vested in the Corporation vests in the Ambulance Service,
(b) any money that, immediately before that day, was payable to the Corporation becomes payable to the Ambulance Service,
(c) any liquidated or unliquidated claim that, immediately before that day, was enforceable by the Corporation becomes enforceable by the Ambulance Service,
(d) any liquidated or unliquidated claim that, immediately before that day, was enforceable against the Corporation becomes enforceable against the Ambulance Service,
(e) any proceeding pending immediately before that day at the suit of the Corporation becomes a proceeding pending at the suit of the Ambulance Service,
(f) any proceeding pending immediately before that day against the Corporation becomes a proceeding pending against the Ambulance Service,
(g) any contract, agreement or undertaking entered into with the Corporation and in force immediately before that day becomes a contract, agreement or undertaking entered into with the Ambulance Service,
(h) any security or charge given to or by the Corporation and in force immediately before that day becomes a security or charge given to or by the Ambulance Service.
(4) Any trust property that is vested in the Ambulance Service as a consequence of the making of a determination under this clause is to vest in the Service on the same trusts as those to which the property was subject immediately before the transfer.



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