AMBULANCE SERVICES (AMENDMENT) BILL 1998
PARLIAMENT OF VICTORIA Ambulance Services (Amendment) Act 1998 Act No. TABLE OF PROVISIONS Clause Page 1. Purpose 1 2. Commencement 2 3. Purposes 2 4. Definitions 2 5. Victorian Ambulance Board 2 6. Functions of the Secretary 2 7. Consequential amendments 3 8. Payment of committees of management 3 9. New section 20A inserted 4 20A. Membership of committee not an office of profit 4 10. Ambulance Services 4 11. Ambulance Officers Training Centre 5 12. Other consequential amendments 5 13. New Division 2 inserted 5 Division 2--Abolition of Bodies 5 45. Definitions 5 46. Abolition of bodies 6 47. Transfer of assets and liabilities 7 48. Certain land to vest in the Secretary 7 14. Health Services Act 1988 8 15. Emergency Services Superannuation Act 1986 8 NOTES 10 i 532078B.I1-21/4/98
PARLIAMENT OF VICTORIA A BILL to amend the Ambulance Services Act 1986 to make further provision for ambulance services, to abolish the Victorian Ambulance Board and the Ambulance Officers Training Centre and to make consequential amendments to other Acts and for other purposes. Ambulance Services (Amendment) Act 1998 The Parliament of Victoria enacts as follows: 1. Purpose The main purpose of this Act is to amend the Ambulance Services Act 1986 to make further provision for ambulance services, to abolish the 5 Victorian Ambulance Board and the Ambulance Officers Training Centre and to make consequential amendments to other Acts. 1 532078B.I1-21/4/98
Ambulance Services (Amendment) Act 1998 s. 2 Act No. 2. Commencement (1) Section 1 and this section come into operation on the day on which this Act receives the Royal Assent. 5 (2) Subject to sub-section (3), the remaining provisions come into operation on a day or days to be proclaimed. (3) If a provision referred to in sub-section (2) does not come into operation before 1 December 1999 10 it comes into operation on that date. 3. Purposes Act No. In section 1 of the Ambulance Services Act 114/1986. 1986, for paragraphs (b) and (c) substitute-- Reprinted as at "(b) to provide for education and training 19 September 15 associated with ambulance and related 1996. Further amended by services; and". Act No. 35/1996. 4. Definitions In section 3 of the Ambulance Services Act 1986, omit the definitions of "Board" and 20 "Centre". 5. Victorian Ambulance Board Part 2 of the Ambulance Services Act 1986 is repealed. 6. Functions of the Secretary 25 (1) In section 9(b) of the Ambulance Services Act 1986, omit "on the advice of the Board". (2) In section 9 of the Ambulance Services Act 1986-- (a) omit "and the Centre" (wherever occurring); 2 532078B.I1-21/4/98
Ambulance Services (Amendment) Act 1998 s. 7 Act No. (b) after paragraph (b) insert-- "(ba) to arrange for the provision of education and training associated with ambulance and related services;"; 5 (c) in paragraph (j), omit "and the committee of management of the Centre"; (d) in paragraph (m), omit "and between ambulance services and the Centre"; (e) paragraph (q) is repealed; 10 (f) in paragraph (u), omit "or the Centre". 7. Consequential amendments (1) In the Ambulance Services Act 1986-- (a) in section 10(3), omit "on the advice of the Board"; 15 (b) in section 18(i), omit "after consulting the Board". (2) In the Ambulance Services Act 1986-- (a) in section 10(3), omit ", the Centre"; (b) in section 10(4) and (6), omit ", the Centre"; 20 (c) in section 11, omit "and the Centre"; (d) in sections 12 and 13, omit "or the Centre" (wherever occurring); (e) in section 19(4), for "a sub-committee" substitute "to members of a sub-committee". 25 8. Payment of committees of management (1) In section 20(7) of the Ambulance Services Act 1986, for "are not to be paid fees, but" substitute "are to be paid such remuneration (if any) as is fixed in the member's instrument of appointment 30 and". 3 532078B.I1-21/4/98
Ambulance Services (Amendment) Act 1998 s. 9 Act No. (2) After section 20(8) of the Ambulance Services Act 1986 insert-- "(9) Despite sub-section (7), a member of a committee who is also a member of the 5 Legislative Council or a member of the Legislative Assembly is not entitled to be paid remuneration as a member of the committee.". 9. New section 20A inserted 10 After section 20 of the Ambulance Services Act 1986 insert-- "20A. Membership of committee not an office of profit A member of a committee of management of 15 an ambulance service shall not be taken to hold an office or place of profit under the Crown which would-- (a) prevent the member sitting or voting as a member of the Legislative Council or 20 Legislative Assembly; or (b) make void the member's election to the Legislative Council or Legislative Assembly; or (c) prevent the member continuing to be a 25 member of the Legislative Council or Legislative Assembly; or (d) subject the member to liability to pay a penalty under the Constitution Act 1975.". 30 10. Ambulance Services In the Ambulance Services Act 1986-- (a) section 21(4) is repealed; 4 532078B.I1-21/4/98
Ambulance Services (Amendment) Act 1998 s. 11 Act No. (b) in section 23(1), omit "after the Minister has consulted the Board". 11. Ambulance Officers Training Centre Part 6 of the Ambulance Services Act 1986 is 5 repealed. 12. Other consequential amendments In the Ambulance Services Act 1986-- (a) in sections 33, 34(1) and (4), 35(1) and (3), 36(1) and (4)(a) and (b), omit "or the 10 Centre" (wherever occurring); (b) in section 36(2)(d), omit-- "-- (i) in the case of the Centre, covers Victoria; and 15 (ii) in the case of an ambulance service,"; (c) in section 39(1)(b), omit "or the Centre"; (d) in section 39(1)(c), omit "or by the Centre"; (e) in Part 10, before section 41 insert "Division 1--General"; 20 (f) in sections 43 and 44(2), (3), (4), (5), (8), and (9), omit "or the Centre"(wherever occurring). 13. New Division 2 inserted After section 44 of the Ambulance Services Act 25 1986 insert-- 'Division 2--Abolition of Bodies 45. Definitions In this Division-- 5 532078B.I1-21/4/98
Ambulance Services (Amendment) Act 1998 s. 13 Act No. "Board" means the Victorian Ambulance Board created by section 4 as in force immediately before the commencement of section 5 of the Ambulance 5 Services (Amendment) Act 1998; "Centre" means the Ambulance Officers Training Centre created by section 24 as in force immediately before the commencement of section 11 of the 10 Ambulance Services (Amendment) Act 1998; "Secretary" means the body corporate established by section 6 of the Health Act 1958. 15 46. Abolition of bodies (1) The Victorian Ambulance Board is abolished. (2) The Ambulance Officers Training Centre is abolished. 20 (3) A person holding office as a member of-- (a) the Board; or (b) the committee of management of the Centre-- immediately before the commencement of 25 section 11 of the Ambulance Services (Amendment) Act 1998 ceases to hold that office. (4) A person who, immediately before the commencement of section 11 of the 30 Ambulance Services (Amendment) Act 1998 was an officer or employee of the Centre including the person who held office as the Executive Director of the Ambulance 6 532078B.I1-21/4/98
Ambulance Services (Amendment) Act 1998 s. 13 Act No. Officers Training Centre under section 31 ceases to be such an officer or employee. 47. Transfer of assets and liabilities (1) All assets and rights including intellectual 5 property vested in or held by the Centre immediately before the commencement of section 11 of the Ambulance Services (Amendment) Act 1998 vest in the Secretary. 10 (2) All liabilities of the Centre existing immediately before the commencement of section 11 of the Ambulance Services (Amendment) Act 1998 become liabilities of the Secretary. 15 (3) The Secretary is substituted as a party to any agreement, contract, lease or other arrangement (except any contract, agreement or arrangement relating to the employment of an officer or employee referred to in 20 section 46(4)) and to any proceedings to which the Centre was a party immediately before the commencement of section 11 of the Ambulance Services (Amendment) Act 1998. 25 (4) Any permit, licence or authority of any kind issued or granted to the Centre by or under any Act continues to operate as if issued or granted to the Secretary. (5) All records and documents of the Board and 30 the Centre become the property of the Secretary. 48. Certain land to vest in the Secretary (1) The land described in the folios of the Register under the Transfer of Land Act 35 1958 with the identifying references of 7 532078B.I1-21/4/98
Ambulance Services (Amendment) Act 1998 s. 14 Act No. volume 8122 folio 663, volume 8122 folio 664 and volume 8122 folio 665 vests in fee simple (together with any appurtenant rights) in the Secretary, subject to the conditions, 5 encumbrances, limitations, exceptions, reservations and restrictions to which the land was subject immediately before its vesting under this section. (2) The Registrar of Titles, on being requested to 10 do so and on delivery of any relevant certificate of title, instrument or document must make any amendments in the Register under the Transfer of Land Act 1958 that are necessary because of the operation of this 15 Division.'. 14. Health Services Act 1988 (1) In section 135 of the Health Services Act 1988, omit "and the Ambulance Officers Training Centre". 20 (2) In section 136(3) of the Health Services Act 1988, after paragraph (b) insert-- "; and (ba) amounts determined by the Minister as payable to any person or body providing 25 education and training associated with ambulance and related services under any agreement or arrangement made with the Secretary under the Ambulance Services Act 1986; and". 30 15. Emergency Services Superannuation Act 1986 In the Emergency Services Superannuation Act 1986-- 8 532078B.I1-21/4/98
Ambulance Services (Amendment) Act 1998 s. 15 Act No. (a) in section 3, in paragraph (f) of the definition of "employee", omit "the Ambulance Officer's Training Centre or of"; (b) in section 4(2), omit "Ambulance Officers' 5 Training Centre or". 9 532078B.I1-21/4/98
Ambulance Services (Amendment) Act 1998 Notes Act No. NOTES By Authority. Government Printer for the State of Victoria. 10 532078B.I1-21/4/98
Ambulance Services (Amendment) Act 1998 Act No. 11 532078B.I1-21/4/98