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1
Ambulance Service Amendment
AMBULANCE SERVICE AMENDMENT
BILL 1996
EXPLANATORY NOTES
Short Title
This Bill may be cited as the Ambulance Service Amendment Bill 1996.
Policy Objectives and Rationale for the Bill
The Bill establishes the Queensland Ambulance Service as a separate
statutory authority, to enable it to operate more independently of the
Department of Emergency Services.
The Queensland Ambulance Service is charged with the primary
responsibility of providing ambulance, transport and casualty services to
people requiring medical or health care facilities.
The Bill also establishes a Board of the Queensland Ambulance Service,
which will have responsibility for the performance of the Queensland
Ambulance Service and determination of the policies of the Service. The
Bill provides for the selection and conduct of members of the Board.
The Board structure will have the capacity to provide significant
business, managerial and medical expertise to the Service and will
complement the community involvement effected through the Local
Ambulance Committee structure, which is not affected by this Bill.
The Bill provides that the Commissioner of Ambulance Service is
responsible for management of day to day operational matters.
The proposed management structure provides an operationally efficient
and flexible management structure for the Queensland Ambulance Service.
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Ambulance Service Amendment
Alternative Ways of Achieving the Policy Objectives
The primary policy objective is to create a more independent ambulance
service. The creation of the structure involving the Minister, the statutory
authority, the Board and the Commissioner, and removing the legislated
role of the Director-General of the Department of Emergency Services will
achieve this result.
The current powers and responsibilities of the Minister, Commissioner
and Director-General are defined by the Ambulance Service Act 1991. The
proposed changes can therefore only be effected by legislative amendment.
Estimated Cost of Government Implementation
The costs incurred as a result of the establishment of the Board of the
Queensland Ambulance Service will be funded from the Queensland
Ambulance Service budget. Meeting costs for up to five Board members
and associated out of pocket expenses are not expected to be significant. In
accordance with established government policy, the three official members
will not be remunerated and neither will any other member who is on the
public payroll.
Consistency with Fundamental Legislative Principles
The Bill conforms with fundamental legislative principles in every
respect.
Consultation
The Commissioner of Ambulance Service was consulted extensively
during the preparation of the Bill. The Government Superannuation Board
was consulted in relation to the superannuation provisions of the Bill. The
Office of the Public Service, Queensland Treasury and the Department of
Premier and Cabinet provided advice in relevant areas.
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Ambulance Service Amendment
PURPOSE AND INTENDED OPERATION OF EACH CLAUSE
Clause 1 provides for the short title of this Act to be the Ambulance
Service Amendment Act 1996.
Clause 2 provides that this Act commences on a day to be fixed by
proclamation.
Clause 3 states that this Act amends the Ambulance Service Act 1991.
Clause 4(1) amends Section 2 of the Act by omitting the heading
`Interpretation' and inserting the heading `Definitions' to reflect current
drafting practices.
Clause 4(2) omits the definitions for "board", "corporation", "director",
"employee of the board", "employee of a previous committee", "officer of
the Queensland Ambulance Service", "previous committee" and "repealed
Act". These definitions are no longer required because of the new structure
of the Queensland Ambulance Service.
Clause 4(3) inserts:
· a definition for "appointed member" by reference to section 3I
of the Act;
· a definition for "approved superannuation scheme" to mean
either the Queensland Ambulance Superannuation Scheme or
another superannuation scheme approved by the Governor in
Council:
· a definition for "board" by reference to section 3F of the Act;
· a definition of "conviction" to include a plea of guilty or a
finding of guilt by a court even though a conviction may not be
recorded;
· a definition of "service" to mean the Queensland Ambulance
Service; and
· a definition for "service officer" to mean a person employed
under section 13(1) of the Act.
Clause 4(4) amends the definitions of "commissioner" and
"subscriber" by removing the words `Queensland Ambulance Service'
where they appear in those definitions and substituting the word `service'
to reflect the new governance structure of the service.
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Ambulance Service Amendment
Clause 5 inserts a new part 2, divisions 1 and 2 and division 3 heading in
accordance with current drafting practice. This clause also inserts new
sections 3A to 3P inclusive as follows:
Section 3A establishes the Queensland Ambulance Service (the service).
Section 3B provides the service to be a body corporate with perpetual
succession and a common seal, and which may sue and be sued in its
corporate name.
Section 3C states that the service represents the State, with privileges and
immunities of the State, and is an exempt public authority under the
Corporations Law.
Section 3D specifies the functions conferred on the service by the Act. In
particular those functions 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 and 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 counterdisaster
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 provide community and workplace education in first aid,
cardiopulmonary resuscitation and other related matters; and
i. to hold the property of each committee (other than money held in
trust and money raised by each committee) whether on or subject
to trusts or otherwise; and
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Ambulance Service Amendment
j. to identify and market products and services incidental to its other
functions; and
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.
Section 3E provides that the service has all the powers of an individual
(with the limitation that the service may acquire or dispose of land only with
the written approval of the Minister) and gives examples of those powers,
for instance the power to enter into contracts; appoint agents and attorneys
and undertake fund-raising activities to benefit the service financially. This
section also specifies that the service may exercise its powers inside and
outside Queensland including outside Australia.
Section 3F establishes the board of the Queensland Ambulance Service.
Section 3G describes the role and responsibilities of the board and
specifically provides that the board is responsible for the way the service
performs its functions and exercises its powers. In particular the board's
role is to decide the objectives, strategies and policies to be followed by the
service and to ensure the service performs its functions in an appropriate,
effective and efficient way.
Section 3H enables the Minister to give a written direction to the board
about the administration, management and control of the service if the
Minister is satisfied it is necessary to give the direction in the public interest
because of exceptional circumstances. However, before giving the
direction the Minister must first consult with the board and ask it to advise
whether, in its opinion, compliance with the direction would not be in the
service's financial interest. The board must ensure the direction is complied
with. The Minister must cause a copy of the direction to be published in the
Queensland Government Gazette within 21 days after it is given.
Section 3I provides for the membership of the board which is to be
comprised of the Commissioner of the Queensland Ambulance Service,
the Chief Commissioner of the Queensland Fire and Rescue Authority, the
chief executive of the Department of Emergency Services, and five other
members (the appointed members) appointed by Governor in Council. A
person may be appointed as an appointed member only if that person has
knowledge of, or experience in, matters relevant to the functions of the
service. The Governor in Council is also to appoint one of the members to
be chairperson of the board.
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Ambulance Service Amendment
Section 3J outlines the conditions relevant to an appointed member's
term of office, including when an appointed member's office becomes
vacant, and when an appointed member may be removed from office.
Sub-section 3J.(1) specifies the term of office for an appointed member
is for the term (not longer than three years) decided by the Governor in
Council. It is not the intent of this section to limit the appointment of a
person to a single term of office. A member will be eligible for
reappointment upon the expiry of the member's term of office but each
term of office cannot exceed three years.
Sub-section 3J.(2) provides that the office of an appointed member
becomes vacant if the member resigns by signed notice given to the
Minister; or is absent from 3 consecutive meetings of the board without the
board's leave and without reasonable excuse; or is convicted of an indictable
offence ("conviction" includes a plea of guilty or a finding of guilt by a
court even though a conviction may not be recorded); or becomes employed
by, or a contractor of, the service; or is removed from office by the
Governor in Council under sub-sections (3) or (4).
Sub-section 3J.(3) enables the Governor in Council to remove an
appointed member from office if the member engages in misbehaviour; or
becomes incapable of performing the duties of a member because of
physical or mental incapacity; or is incompetent; or does anything else that,
in the Governor in Council's opinion is a reasonable justification for
removal from office; or is convicted of an offence against this Act.
Sub-section 3J.(4) provides that the Governor in Council may remove all
or any of the appointed members of the board from office if the board does
not comply with a direction given to it by the Minister under this Act.
Section 3K provides that a member of the board is entitled to be paid
remuneration and allowances fixed by the Governor in Council.
Section 3L enables the board to meet at places and times it decides but
requires the board to meet at least once every three months. The
chairperson may at any time call a meeting of the board, and must call a
meeting if asked by at least 4 members.
Section 3M describes the procedures governing the conduct of Board
meetings. The chairperson must preside at all board meetings but if the
chairperson is absent the member chosen by those present must preside.
Five members form a quorum; questions are decided by a majority of the
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Ambulance Service Amendment
votes of the members present and the member presiding has a casting vote.
The board may otherwise conduct its meetings as it considers appropriate.
This section also deals with other minor procedural matters relevant to
meetings of the board and the passing of resolutions by the board.
Section 3N provides that a document made by the board for the purposes
of this Act is sufficiently made if signed by the chairperson, or a person so
authorised by the board.
Section 3O applies to a member of the board who has a direct or indirect
financial interest in an issue being considered or to be considered by the
board and the interest could conflict with the proper performance of the
member's duties about the consideration of the issue. The member must
disclose the nature of the interest to a meeting of the board as soon as
practicable after the relevant facts come to the member's knowledge. The
member must not be present when the board considers the issue or take part
in any decision the board makes on the issue unless the board directs
otherwise. In addition, the member, or a member with a similar interest in
the issue, must not be present when the board is considering whether the
member can take part in the board's deliberations on the issue. When a
member is required to be absent from a meeting of the board in such
circumstances, the remaining members are considered to form a quorum.
Any such disclosures must be recorded in the board's minutes.
Section 3P requires the board to keep minutes of its proceedings.
Clause 6 inserts a new section 4A which provides for the appointment
by the Governor in Council of an acting commissioner to act in the office in
the event of vacancy in the office or for periods where the commisioner is
absent from duty or cannot perform the functions of the office.
Clause 7 omits Section 7 and 8 of the Act which relate to the
establishment of the Queensland Ambulance Service and its functions.
Equivalent provisions are now contained in sections 3A and 3B
respectively.
Clause 8 replaces section 9 with a new section clarifying the role of the
commissioner in the new governance structure. The commissioner is to be
responsible for managing the service's operations in accordance with its
objectives, strategies and policies. The commissioner is also to prepare an
annual corporate plan incorporating performance targets developed in
consultation with the board and approved by the Minister.
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Ambulance Service Amendment
Clause 9 omits sections 10 to 12.
The provisions of section 10 which related to the development of the
budget of the service now appear in a new section 19 appropriately
reworded to reflect the new governance structure of the board.
Section 11 of the Act dealt with the authentication of documents. These
matters are now addressed by section 3N.
Section 12 enabled the commissioner to delegate his powers (other than
the power of delegation). A new section 22 deals with the powers of
delegation.
Clause 10 replaces section 17 of the Act with a new section 17. The new
section expands the provisions of the existing section by enabling the
Governor in Council to approve a superannuation scheme other than the
Queensland Ambulance Service Superannuation Scheme for service
officers or classes of service officers.
The provisions of the existing sub-section 17.(2) are broadened and
clarified by the new sub-section 17.(3). Previously only a service officer
who became an employee of the Bureau of Emergency Services could elect
(by notice in writing given to the commissioner within two months from
the date of commencing such employment) to continue to contribute to the
Queensland Ambulance Service Superannuation Scheme. However, the
new 17(3) provides that a service officer who becomes a public service
officer must elect (by notice in writing given to the commissioner within
two months after starting employment with the public service) either to
contribute to an superannuation scheme approved under this Act or to
contribute to the superannuation scheme to which persons who become
public service officers would normally contribute. The effect of the
provision is to allow for movement not just from the service to the Bureau,
but to allow for movement from the service to any part of the public service
without detriment to superannuation conditions.
Service officers (other than an honorary service officers) will still be
required to become a contributor (and continue to contribute) to an approved
superannuation scheme in accordance with the scheme's terms.
Clause 11 inserts a new division 4 of Part 2 in accordance with current
drafting practices. This clause also inserts:
· a new section 19 which provides that the commissioner must,
before the commencement of each financial year, submit to the
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Ambulance Service Amendment
board a budget for the service showing the estimated receipts and
disbursements for the year. The section also provides that the
board is to approve the budget as submitted by the commissioner
or as amended in a way the board considers appropriate. The
Minister also may specify terms and conditions under which a
budget may be amended.
The Budget as approved and where necessary as amended as
provided for by this section is to be the budget for the service for
the relevant financial year.
It is also specified that the service is to observe the budget.
· a new section 20 which specifies that the service is a unit of
public administration under the Criminal Justice Act 1989; and an
agency under the Equal Opportunity in Public Employment Act
1992; and a public authority under the Libraries and Archives Act
1988; and a statutory body under the Statutory Bodies Financial
Arrangements Act 1982.
· a new section 21 which provides that judicial notice must be taken
of the imprint of the service's seal appearing on a document and
that the document must be presumed to have been properly sealed
unless the contrary is proved; and
· a new section 22 enabling the service to delegate its powers to the
commissioner or an appropriately qualified service officer. This
section also enables the commissioner to delegate the
commissioner's powers to an appropriately qualified service
officer. For the purposes of this section, the meaning of
`appropriately qualified' includes having the qualifications,
experience or standing appropriate to exercise the power.
Clause 12 omits Part 3 of the Act. The removed sections pertain to the
previous corporate entity and are replaced by Division 1 of Part 2.
Clause 13 amends section 40(2) to clarify the wording of the section and
to reflect the amended governance of the service.
Clause 14 omits the current heading of Part 8 and inserts a new heading
`PART 8 - SAVINGS AND TRANSITIONAL PROVISIONS'.
Clause 15 inserts a new section 54A which defines terms used in part 8.
These include "amendment Act", "commencement", "corporation",
"former service", and "transferred officer".
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Ambulance Service Amendment
Clause 16 amends section 56 to reflect the new governance structure of
the service and inserts definitions of " board" and "previous committee"
for the purposes of clarity.
Clause 17 inserts new sections 58 to 68 inclusive.
Section 58 provides that a reference to either the corporation or the
former service in a document or Act in existence immediately before the
commencement of this amending Act is taken to be a reference to the
service.
Section 59 provides that the assets, rights and liabilities of the corporation
or former service vest in the new statutory authority upon commencement
of this Act.
Section 60 enables a legal proceeding by or against the corporation or
former service that has not been finished before the commencement of this
amending Act to be continued and finished by or against the service.
Section 61 provides that, on the commencement of the amending Act, a
person who was employed as an ambulance officer of the former service is
taken to be employed as an ambulance officer of the service. This section
does not apply to a person holding office as an honorary ambulance officer.
Section 62 provides that, on the commencement of the amending Act, a
person who was employed as a medical officer of the former service is
taken to be employed as a medical officer of the service.
Section 63 provides that, on the commencement of the amending Act, a
person who was employed as an administrative or service officer of the
former service is taken to be employed as an administrative officer of the
service.
Section 64 provides that the conditions of employment applying to a
transferred officer (a person taken to be employed as an ambulance, medical
or administrative officer of the service under section 61, or section 62 or
section 63) must be no less favourable than the conditions that applied to the
officer immediately before the commencement of the amending Act. A
transferred officer remains entitled to all rights accrued or accruing to the
officer as an employee of the former service. This section also specifies
that a transferred officer is entitled to receive annual, sick and long service
leave accrued or accruing to the officer as an employee of the former
service. Provision is also made for to ensure that the recognised service of
a transferred officer is taken to include, for the purpose of any law dealing
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Ambulance Service Amendment
with entitlements or rights mentioned in the section, the officer's service as
an employee of the former service including any previous service of the
officer taken to be service with the previous service.
Section 65 provides that every person who was an honorary ambulance
officer with the former service is taken to be an honorary ambulance officer
with the service.
Section 66 ensures that any property that was held in trust by the former
service or the corporation immediately before the commencement of the
amending Act, vests in the service on the same trust to which the property
was subject before the commencement.
Section 67 provides that the registrar of titles and all persons who keep
registers of dealings in property must, if asked by the service, make all
entries necessary in the registers to record the vesting of property in the
service as provided for by this part of the Act. Provision is also made that a
request under this part is not liable to fees or stamp duty.
Section 68 provides for the making of transitional regulations within the
next year about matters which are necessary or convenient to assist in the
transition from the previous governance structure with its associated
functions to the new structure and its associated functions, and where this
Act does not make adequate provision.
Schedule
The Schedule to the Act provides for minor amendments to various
sections throughout the Act to update terms used and to reflect the new
governance structure of the service.
© The State of Queensland 1996