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Queensland
EMERGENCY SERVICES
LEGISLATION
AMENDMENT BILL 1998
Queensland
EMERGENCY SERVICES LEGISLATION
AMENDMENT BILL 1998
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
PART 2--AMENDMENT OF AMBULANCE SERVICE ACT 1991
2 Act amended in pt 2 and sch, pt 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Omission of s 3 (Administration of Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Replacement of pt 2, div 2 (Service's board) . . . . . . . . . . . . . . . . . . . . . . . . 5
Division 2--Control of service
3F Chief executive officer of service . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
3G Minister's powers to give directions . . . . . . . . . . . . . . . . . . . . . . . . . . 5
6 Amendment of s 20 (Application of certain Acts) . . . . . . . . . . . . . . . . . . . . 6
7 Insertion of new s 53A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
53A Function of Emergency Services Advisory Council . . . . . . . . . . . . . 6
8 Insertion of new pt 8, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Division 2--Provision for Emergency Services Legislation
Amendment Act 1998
68 Board members go out of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
PART 3--AMENDMENT OF FIRE AND RESCUE AUTHORITY
ACT 1990
9 Act amended in pt 3 and sch, pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
10 Omission of s 8 (Administration of Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
11 Replacement of pt 2, div 2 (Authority's board) . . . . . . . . . . . . . . . . . . . . . . 8
Division 2--Control of authority
8F Chief executive officer of authority . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2
Emergency Services Legislation Amendment
8G Minister's powers to give directions . . . . . . . . . . . . . . . . . . . . . . . . . . 8
12 Amendment of s 19A (Application of certain Acts) . . . . . . . . . . . . . . . . . . . 9
13 Insertion of new pt 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
PART 4A--EMERGENCY SERVICES ADVISORY COUNCIL
34 Establishment of council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
35 Functions of council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
36 Membership of council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
37 Chairperson of council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
38 How appointments made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
39 Term of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
40 Removal from office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
41 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
42 Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
43 Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
44 Remuneration of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
14 Insertion of new pt 12, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Division 2--Provision for Emergency Services Legislation
Amendment Act 1998
171 Board members go out of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 13
MINOR AMENDMENTS
1998
A BILL
FOR
An Act to amend the Ambulance Service Act 1991 and the Fire and
Rescue Authority Act 1990
s1 4 s4
Emergency Services Legislation Amendment
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
title 3
Short
Clause 1. This Act may be cited as the Emergency Services Legislation 4
Amendment Act 1998. 5
PART 2--AMENDMENT OF AMBULANCE SERVICE 6
ACT 1991 7
amended in pt 2 and sch, pt 1 8
Act
Clause 2. This part and the schedule, part 1, amend the Ambulance Service 9
Act 1991. 10
of s 2 (Definitions) 11
Amendment
Clause 3. Section 2, definition "subscriber"-- 12
insert-- 13
`(c) is a person exempted from payment of charges for the use of 14
ambulance services.'. 15
of s 3 (Administration of Act) 16
Omission
Clause 4. Section 3-- 17
omit. 18
s5 5 s5
Emergency Services Legislation Amendment
of pt 2, div 2 (Service's board) 1
Replacement
Clause 5. Part 2, division 2-- 2
omit, insert-- 3
`Division 2--Control of service 4
executive officer of service 5
`Chief
`3F.(1) The chief executive of the department is the chief executive 6
officer of the service. 7
`(2) The chief executive officer is responsible for the way the service 8
performs its functions and exercises its powers. 9
`(3) Without limiting subsection (2), it is the chief executive officer's 10
role-- 11
(a) to decide the objectives, strategies and policies to be followed by 12
the service; and 13
(b) to ensure the service performs its functions in an appropriate, 14
effective and efficient way. 15
16
Example of subsection (3)(b)--
17
The chief executive officer could establish performance measures for the service.
`(4) The chief executive officer has the power necessary to carry out the 18
chief executive officer's responsibilities and role. 19
`(5) Anything done in the name of, or on behalf of, the service by the 20
chief executive officer is taken to have been done by the service. 21
powers to give directions 22
`Minister's
`3G.(1) The Minister may give the chief executive officer a written 23
direction about the carrying out of the chief executive officer's responsibility 24
under section 3F if the Minister is satisfied it is necessary to give the 25
direction in the public interest. 26
`(2) The chief executive officer must ensure the direction is complied 27
with. 28
s6 6 s7
Emergency Services Legislation Amendment
`(3) Before giving the direction, the Minister must consult with the chief 1
executive officer and the commissioner.'. 2
of s 20 (Application of certain Acts) 3
Amendment
Clause 6.(1) Section 20(1)(c)-- 4
omit. 5
(2) Section 20(1)(d)-- 6
renumber as section 20(1)(c). 7
(3) Section 20(1)(e)-- 8
omit. 9
(4) Section 20(2)-- 10
omit, insert-- 11
`(2) The Financial Administration and Audit Act 1977 applies to the 12
service as if it were part of the department.'. 13
of new s 53A 14
Insertion
Clause 7. After section 53-- 15
insert-- 16
of Emergency Services Advisory Council 17
`Function
`53A.(1) For this Act, the council's function is to advise the Minister 18
about-- 19
(a) the extent to which current service delivery by the service-- 20
(i) satisfies community needs; and 21
(ii) contributes to the achievement of the Government's desired 22
outcomes for the community; and 23
(iii) satisfies the performance targets mentioned in the service's 24
annual strategic plan; and 25
(b) anything else relevant to the functions of the service, referred to 26
the council by the Minister. 27
s8 7 s 10
Emergency Services Legislation Amendment
`(2) In this section-- 1
"council" means the Emergency Services Advisory Council established 2
under the Fire and Rescue Authority Act 1990.'. 3
of new pt 8, div 2 4
Insertion
Clause 8. After section 67-- 5
insert-- 6
2--Provision for Emergency Services Legislation Amendment 7
`Division
Act 1998 8
members go out of office 9
`Board
`68.(1) On the commencement of this section the members of the board 10
go out of office. 11
`(2) In this section-- 12
"board" means the service's board under this Act as in force immediately 13
before the commencement of the Emergency Services Legislation 14
Amendment Act 1998.'. 15
ART 3--AMENDMENT OF FIRE AND RESCUE 16
P
AUTHORITY ACT 1990 17
amended in pt 3 and sch, pt 2 18
Act
Clause 9. This part and the schedule, part 2, amend the Fire and Rescue 19
Authority Act 1990. 20
of s 8 (Administration of Act) 21
Omission
Clause 10. Section 8-- 22
omit. 23
s 11 8 s 11
Emergency Services Legislation Amendment
of pt 2, div 2 (Authority's board) 1
Replacement
Clause 11. Part 2, division 2-- 2
omit, insert-- 3
`Division 2--Control of authority 4
executive officer of authority 5
`Chief
`8F.(1) The chief executive of the department is the chief executive 6
officer of the authority. 7
`(2) The chief executive officer is responsible for the way the authority 8
performs its functions and exercises its powers. 9
`(3) Without limiting subsection (2), it is the chief executive officer's 10
role-- 11
(a) to decide the objectives, strategies and policies to be followed by 12
the authority; and 13
(b) to ensure the authority performs its functions in an appropriate, 14
effective and efficient way. 15
16
Example of subsection (3)(b)--
17
The chief executive officer could establish performance measures for the authority.
`(4) The chief executive officer has the power necessary to carry out the 18
chief executive officer's responsibilities and role 19
`(5) Anything done in the name of, or on behalf of, the authority by the 20
chief executive officer is taken to have been done by the authority. 21
powers to give directions 22
`Minister's
`8G.(1) The Minister may give the chief executive officer a written 23
direction about the carrying out of the chief executive officer's responsibility 24
under section 8F if the Minister is satisfied it is necessary to give the 25
direction in the public interest. 26
`(2) The chief executive officer must ensure the direction is complied 27
with. 28
s 12 9 s 13
Emergency Services Legislation Amendment
`(3) Before giving the direction, the Minister must consult with the chief 1
executive officer and the chief commissioner.'. 2
of s 19A (Application of certain Acts) 3
Amendment
Clause 12.(1) Section 19A(1)(d)-- 4
omit. 5
(2) Section 19A(2)-- 6
omit, insert-- 7
`(2) The Financial Administration and Audit Act 1977 applies to the 8
authority as if it were part of the department.'. 9
of new pt 4A 10
Insertion
Clause 13. After part 4-- 11
insert-- 12
`PART 4A--EMERGENCY SERVICES ADVISORY 13
COUNCIL 14
of council 15
`Establishment
`34. The Emergency Services Advisory Council is established. 16
of council 17
`Functions
`35.(1) The council's function is to advise the Minister about-- 18
(a) the extent to which current service delivery by the authority-- 19
(i) satisfies community needs; and 20
(ii) contributes to the achievement of the Government's desired 21
outcomes for the community; and 22
(iii) satisfies the performance targets mentioned in the authority's 23
annual strategic plan; and 24
(b) anything else referred to it by the Minister-- 25
s 13 10 s 13
Emergency Services Legislation Amendment
(i) that is relevant to the functions of the authority; or 1
(ii) that relates to activities carried out or funded by the 2
department. 3
`(2) However, the council does not have the function of advising about 4
the matters mentioned in section 49(a) and (b).1 5
`(3) The council also has the functions given to it under the Ambulance 6
Service Act 1991 and any other Act. 7
of council 8
`Membership
`36.(1) The council consists of not more than 14 members appointed by 9
the Governor in Council. 10
`(2) A member may be appointed at any time. 11
`(3) Nominees for appointment to the council must be persons who the 12
Minister considers are competent to assist the council to perform its 13
functions. 14
of council 15
`Chairperson
`37.(1) The Governor in Council is to appoint a member as the 16
chairperson of the council. 17
`(2) The chairperson is to preside at all council meetings at which the 18
chairperson is present. 19
`(3) If the chairperson is not present at a council meeting, a member 20
chosen by the members present at the meeting is to preside. 21
`(4) If appointed a member of the council, the following are not eligible 22
to be appointed chairperson-- 23
(a) the chief commissioner; 24
(b) the commissioner of the Queensland Ambulance Service; 25
(c) the chief executive officer of the authority or the Queensland 26
1 Section 49 is about the functions of the Rural Fire Council.
s 13 11 s 13
Emergency Services Legislation Amendment
Ambulance Service; 1
(d) a public service officer. 2
appointments made 3
`How
`38.(1) An appointment under section 36 or 37 is to be by gazette notice. 4
`(2) The appointment starts on the day the notice is published in the 5
gazette or, if a later day is stated in the notice, the later day. 6
`(3) A person's appointment as chairperson may be combined with the 7
person's appointment as a member of the council. 8
of office 9
`Term
`39. The term of office of a member is not to exceed 3 years. 10
from office 11
`Removal
`40.(1) The Governor in Council may remove a member from office at 12
any time. 13
`(2) The removal takes effect on notice of the removal being given to the 14
member by the Minister. 15
`(3) It is unnecessary for any reasons to be given for the removal. 16
uorum 17
`Q
`41. A quorum for the council is the number equal to one-half of the 18
number of its members for the time being, and if one-half is not a whole 19
number, the next higher whole number. 20
onduct of business 21
`C
`42. Subject to this part, the council may conduct its meetings and other 22
business in the way it considers appropriate. 23
s 14 12 s 14
Emergency Services Legislation Amendment
inutes 1
`M
`43. The council must keep minutes of its meetings. 2
of members 3
`Remuneration
`44. A member is entitled to be paid the fees and allowances decided by 4
the Governor in Council.'. 5
of new pt 12, div 2 6
Insertion
Clause 14. After section 170-- 7
insert-- 8
2--Provision for Emergency Services Legislation Amendment 9
`Division
Act 1998 10
members go out of office 11
`Board
`171.(1) On the commencement of this section the members of the board 12
go out of office. 13
`(2) In this section-- 14
"board" means the authority's board under this Act as in force 15
immediately before the commencement of the Emergency Services 16
Legislation Amendment Act 1998.'. 17
13
Emergency Services Legislation Amendment
CHEDULE 1
¡S
INOR AMENDMENTS 2
M
sections 2 and 9 3
PART 1--MINOR AMENDMENTS OF AMBULANCE 4
SERVICE ACT 1991 5
1. Section 2, definitions "appointed member" and "board"-- 6
omit. 7
2. Section 2-- 8
insert-- 9
` "chief executive officer" means the chief executive officer of the 10
service.'. 11
3. Section 9(2), `corporate plan incorporating performance targets 12
developed in consultation with the board and'-- 13
omit, insert-- 14
`strategic plan incorporating performance targets'. 15
4. Section 13(2), `Industrial Relations Act 1990'-- 16
omit, insert-- 17
`Workplace Relations Act 1997'. 18
14
Emergency Services Legislation Amendment
SCHEDULE (continued)
5. Section 19, `board'-- 1
omit, insert-- 2
`chief executive officer'. 3
6. Section 33(2), `Art Unions and Public Amusements Act 1992'-- 4
omit, insert-- 5
`Art Unions Act 1992'. 6
7. Section 38(2)(h), "ambulance officer"-- 7
omit, insert-- 8
`authorised officer'. 9
8. Section 41(1), `, with the approval of the board,'-- 10
omit. 11
9. Section 41(2), `, with the approval of the board,'-- 12
omit. 13
10. Section 42, penalty, after `penalty'-- 14
insert-- 15
`for subsection (2)'. 16
11. Part 8, before section 54A-- 17
insert-- 18
`Division 1--Provisions for Act before commencement of Emergency 19
Services Legislation Amendment Act 1998'. 20
15
Emergency Services Legislation Amendment
SCHEDULE (continued)
12. Section 54A, `part'-- 1
omit, insert-- 2
`division'. 3
13. Section 67(1), `part'-- 4
omit, insert-- 5
`division'. 6
PART 2--MINOR AMENDMENTS OF FIRE AND 7
RESCUE AUTHORITY ACT 1990 8
14. Section 6, definitions "appointed member" and "board"-- 9
omit. 10
15. Section 6-- 11
insert-- 12
` "chief executive officer" means the chief executive officer of the 13
authority.'. 14
16. Section 12(2), `corporate plan incorporating performance targets 15
developed in consultation with the board and'-- 16
omit, insert-- 17
`strategic plan incorporating performance targets'. 18
16
Emergency Services Legislation Amendment
SCHEDULE (continued)
17. Section 18, `, with the approval of the board,'-- 1
omit. 2
18. Section 22(1), `board for its'-- 3
omit, insert-- 4
`chief executive officer for the chief executive officer's'. 5
19. Section 22(2), (3) and (4), `board'-- 6
omit, insert-- 7
`chief executive officer'. 8
20. Section 26(1), `board'-- 9
omit, insert-- 10
`authority'. 11
21. Section 27, `in that service'-- 12
omit, insert-- 13
`by the authority'. 14
22. Section 30(1)(c), `approved by the authority'-- 15
omit. 16
23. Section 75(3), `an officer of the public service'-- 17
omit, insert-- 18
`a public service officer'. 19
17
Emergency Services Legislation Amendment
SCHEDULE (continued)
24. Section 104N(5), `Building Act 1975.'-- 1
omit, insert-- 2
`Building Act 1975'. 3
25. Section 113(6A), `chief commissioner'-- 4
omit, insert-- 5
`authority'. 6
26. Section 118(1), `general fund'-- 7
omit, insert-- 8
`operating fund'. 9
27. Part 12, before section 155-- 10
insert-- 11
`Division 1--Provisions for Act before commencement of Emergency 12
Services Legislation Amendment Act 1998'. 13
28. Section 155, `part'-- 14
omit, insert-- 15
`division'. 16
29. Section 163(1), `part'-- 17
omit, insert-- 18
`division'. 19
20
21
22
18
Emergency Services Legislation Amendment
© State of Queensland 1998
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