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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Ambulance Services (Amendment) Act 2004
Act No.
Victorian Legislation Parliamentary Documents
TABLE OF PROVISIONS
Clause Page
1. Purposes 1
2. Commencement 2
3. Principal Act 2
4. Definitions 3
5. New section 9 inserted 3
9. Functions of the Secretary 3
6. General powers of the Secretary 4
7. Repeal of section 11 6
8. Power to inquire 6
9. Repeal of section 14 6
10. Powers of ambulance service 7
11. Board of ambulance service 7
12. New sections 18, 19 and 20 inserted 9
18. Functions of board of ambulance service 9
19. Procedure of board 12
20. Disclosure of interest 12
13. Director of board not an office of profit 13
14. New sections 21, 22 and 22A to 22H inserted 13
21. Chief executive officer 13
22. Immunity 15
22A. Validity of acts or decisions 16
22B. Appointment of delegate to board 16
22C. Functions of delegate 18
22D. Obligations of board to delegate 18
22E. Strategic plan 19
22F. When statement of priorities to be prepared 19
22G. Exemption from requirement to prepare statement of
priorities 20
22H. Content of statement of priorities 21
15. Creation, modification and abolition of ambulance services 22
16. New sections 34, 34A and 34B inserted 23
34. Limits or controls on expenditure or entering into of
contracts etc. 23
34A. Notice of proposed direction 24
34B. Minister may issue directions 24
17. Appointment of an administrator 25
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Clause Page
18. New sections 36, 37, 38, 38A and 38B inserted 26
36. By-laws 26
37. Secretary may commission audits 27
38. Appointment or engagement of auditors 28
38A. Powers of auditors 28
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38B. Confidentiality requirements 30
19. Offences 31
20. New sections 39AA and 39AB inserted 31
39AA. False report of emergency to ambulance service 31
39AB. Police authorised to remove persons when requested 31
21. Regulations 31
22. Transitional provisions 32
Division 3--Change to Board of an Ambulance Service 32
49. Board same body as former committee of management 32
50. References to former committees of management and
former members of committees of management 32
51. Former members of committee of management to
remain in office 33
23. Amendment to Summary Offences Act 1966 33
51. Obstructing operational staff members 33
ENDNOTES 35
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PARLIAMENT OF VICTORIA
Initiated in Assembly 11 May 2004
Victorian Legislation Parliamentary Documents
A BILL
to amend the Ambulance Services Act 1986 and the Summary
Offences Act 1966 and for other purposes.
Ambulance Services (Amendment) Act
2004
The Parliament of Victoria enacts as follows:
1. Purposes
The main purposes of this Act are--
(a) to amend the Ambulance Services Act
1986--
(i) to enable the Minister to issue
5
directions to ambulance services; and
(ii) to enable the Secretary to commission
audits of ambulance services; and
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(iii) to enable the Minister to appoint
delegates to the boards of ambulance
services; and
(iv) to require ambulance services to
Victorian Legislation Parliamentary Documents
prepare strategic plans and statements
5
of priorities; and
(b) to insert a new offence in the Summary
Offences Act 1966 in relation to the
obstruction of operational staff members of
ambulance services.
10
2. Commencement
(1) Subject to sub-section (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 January 2005, it comes into
15
operation on that day.
3. Principal Act
See: In this Act, the Ambulance Services Act 1986 is
Act No.
called the Principal Act.
114/1986.
Reprint No. 2
as at
1 December
1999 and
amending
Act Nos
74/2000,
11/2001 and
69/2003.
LawToday:
www.dms.
dpc.vic.
gov.au
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4. Definitions
In section 3(1) of the Principal Act--
(a) the definition of "Director" is repealed;
Victorian Legislation Parliamentary Documents
(b) insert the following definitions--
' "operational staff member" means a
5
person who is employed or engaged
(whether on a paid or voluntary basis)
by an ambulance service--
(a) as an ambulance paramedic or an
intensive care paramedic; or
10
(b) in any other capacity to provide
medical or other assistance to
patients in an emergency;
"senior available next of kin" has the same
meaning as in the Human Tissue Act
15
1982;'.
5. New section 9 inserted
For section 9 of the Principal Act substitute--
"9. Functions of the Secretary
The functions of the Secretary in relation to
20
ambulance services include the following--
(a) to advise the Minister on the operation
of this Act; and
(b) to develop policies and plans with
respect to ambulance services; and
25
(c) to fund ambulance services and to
monitor, evaluate and review those
ambulance services; and
(d) to arrange for the provision of
education and training associated with
30
ambulance and related services; and
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(e) to encourage safety and improvement
in the quality of services provided by
ambulance services; and
(f) to collect and analyse data to enable the
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Secretary to perform the Secretary's
5
functions under this or any other Act;
and
(g) in consultation with ambulance
services, to develop criteria or measures
that enable comparisons to be made
10
between the performance of ambulance
services.".
6. General powers of the Secretary
(1) In section 10(2) of the Principal Act, for "the
Director or any other" substitute "any".
15
(2) Section 10(3) of the Principal Act is repealed.
(3) For section 10(4) of the Principal Act
substitute--
"(4) The Secretary, for the purpose of performing
a function under this Act or ensuring that an
20
ambulance service provides high quality,
accessible and efficient services, may give
directions in writing to an ambulance service
in relation to all or any of the following
matters--
25
(a) the purposes which the ambulance
service is to serve or refrain from
serving and those to which it is to give
priority; and
(b) the manner in which, and the extent to
30
which, persons employed or engaged
by the ambulance service as operational
staff members are to be trained; and
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(c) the number and classification of
persons to be employed or engaged by
the ambulance service and the
conditions of employment or
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engagement; and
5
(d) the number and categories of patients to
be attended; and
(e) the facilities, services, equipment or
supplies which the ambulance service is
to use or refrain from using; and
10
(f) the extent to which, and the conditions
on which, the ambulance service may--
(i) make use of or purchase facilities,
services, equipment or supplies
provided by another ambulance
15
service or by any other person or
body; or
(ii) allow another ambulance service
or any other person or body to
make use of or purchase its
20
facilities, services, equipment or
supplies; and
(g) the manner in which, and the extent to
which, the admission, care and
treatment of patients is to be
25
co-ordinated with hospitals and
registered funded agencies and health
service establishments within the
meaning of the Health Services Act
1988; and
30
(h) the accounts and records to be kept by
the ambulance service and the
information to be supplied to the
Secretary; and
(i) the inspection by the Secretary of
35
facilities, accounts and records; and
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(j) the preparation of financial budgets and
forecasts; and
(k) action to be taken or avoided to enable
the State to comply with the terms of
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any agreement made between it and the
5
Commonwealth of Australia or any
other State or a Territory.".
(4) In section 10(6) of the Principal Act omit "or a
committee of management".
(5) For section 10(7) of the Principal Act
10
substitute--
"(7) The Secretary must give a copy of a
direction under this section to each
ambulance service to which it applies.".
7. Repeal of section 11
15
Section 11 of the Principal Act is repealed.
8. Power to inquire
In section 13 of the Principal Act--
(a) in sub-section (3), for "committee of
management" substitute "board of an
20
ambulance service";
(b) in sub-section (4)--
(i) for "member of a committee of
management" substitute "director of
the board of an ambulance service";
25
(ii) for "the member" substitute "the
director".
9. Repeal of section 14
Section 14 of the Principal Act is repealed.
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10. Powers of ambulance service
After section 16(c) of the Principal Act insert--
"(ca) undertake commercial exploitation of any
Victorian Legislation Parliamentary Documents
research undertaken by, or intellectual
property rights belonging to, the ambulance
5
service to enable the ambulance service to
achieve its objectives;
(cb) be a member of or form or participate in the
formation of a company, association, trust or
partnership, the objects or purposes of which
10
include one or more objects or purposes that
are incidental or conducive to the exercise of
the powers of the ambulance service;
(cd) enter into a joint venture with another person
or other persons, the objects or purposes of
15
which include one or more objects or
purposes that are incidental or conducive to
the exercise of the powers of the ambulance
service;".
11. Board of ambulance service
20
(1) Insert the following heading to section 17 of the
Principal Act--
"Board of ambulance service".
(2) For section 17(1) of the Principal Act
substitute--
25
"(1) There shall be a board of directors of each
ambulance service.
(1A) The board of an ambulance service shall
consist of not less than 6 and not more than
9 directors appointed by the Governor in
30
Council on the recommendation of the
Minister.".
(3) In section 17(2) of the Principal Act, for
"committee member" substitute "director".
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(4) After section 17(2) of the Principal Act insert--
"(3) In making a recommendation under sub-
section (1A), the Minister must ensure that
women and men are adequately represented.
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(4) The Governor in Council, on the
5
recommendation of the Minister, may
appoint one of the directors of the board to
be the Chairperson of the board.
(5) A director is to be paid such remuneration (if
any) as is fixed in the director's instrument of
10
appointment and is to be reimbursed for any
travelling or personal expenses incurred in
connection with the appointment to the board
that the Minister thinks are reasonable.
(6) Despite sub-section (5), a director who is
15
also a member of the Legislative Council or
a member of the Legislative Assembly is not
entitled to be paid remuneration as a
director.".
(5) In section 17(7) of the Principal Act, for
20
"Committee members" substitute "Directors".
(6) In section 17(8) of the Principal Act, for
"committee member" substitute "director".
(7) In section 17(9) of the Principal Act, for "member
of a committee, or all the members of a
25
committee" substitute "director, or all the
directors of a board".
(8) In section 17(10) of the Principal Act, for
"committee member, the committee" substitute
"director, the board".
30
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12. New sections 18, 19 and 20 inserted
For sections 18, 19 and 20 of the Principal Act
substitute--
Victorian Legislation Parliamentary Documents
"18. Functions of board of ambulance service
(1) The functions of the board of an ambulance
5
service are--
(a) to ensure that the objectives of the
ambulance service are met to the
maximum extent that is practicable; and
(b) to develop statements of priorities
10
(where applicable) and strategic plans
for the operation of the ambulance
service and to monitor compliance with
those statements and plans; and
(c) to develop financial and business plans,
15
strategies and budgets to ensure the
accountable and efficient provision of
services by the ambulance service and
the long term financial viability of the
ambulance service; and
20
(d) to establish and maintain effective
systems to ensure that the services
provided meet the needs of the
communities served by the ambulance
service and that the views of users of
25
the services provided are taken into
account; and
(e) to monitor the performance of the
ambulance service to ensure that--
(i) the ambulance service operates
30
within its budget; and
(ii) its audit and accounting systems
accurately reflect the financial
position and viability of the
ambulance service; and
35
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(iii) the ambulance service adheres to
its financial and business plans,
strategic plans and statements of
priorities; and
Victorian Legislation Parliamentary Documents
(iv) effective and accountable risk
5
management systems are in place;
and
(v) effective and accountable systems
are in place to monitor and
improve the safety, quality and
10
effectiveness of the services
provided by the ambulance
service; and
(vi) any problems identified with the
quality or effectiveness of the
15
services provided are addressed in
a timely manner; and
(vii) the ambulance service
continuously strives to improve
the quality of the services it
20
provides and to foster innovation;
and
(f) to appoint a chief executive officer of
the ambulance service and to
determine, subject to the Secretary's
25
approval, his or her remuneration and
the terms and conditions of
appointment; and
(g) to monitor the performance of the chief
executive officer of the ambulance
30
service each financial year, having
regard to the objectives, priorities and
key performance outcomes specified in
the ambulance service's statement of
priorities under section 22F; and
35
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(h) to establish the organisational structure,
including the management structure, of
the ambulance service; and
(i) to develop arrangements with other
Victorian Legislation Parliamentary Documents
health, emergency and community
5
service agencies and providers to
enable effective and efficient service
delivery and continuity of care; and
(j) to ensure that the Minister and the
Secretary are advised about significant
10
board decisions and are informed in a
timely manner of any issues of public
concern or risks that may affect the
ambulance service; and
(k) to establish a finance committee, an
15
audit committee and a quality
committee; and
(l) to facilitate research and education in
relation to ambulance services; and
(m) to adopt a code of conduct for staff of
20
the ambulance service; and
(n) to provide appropriate training for
directors; and
(o) any other functions conferred on the
board by or under this Act.
25
(2) In performing its functions and exercising its
powers, the board of an ambulance service
must have regard to--
(a) the needs and views of patients and
other users of the services that the
30
ambulance service provides and the
communities that the ambulance service
serves; and
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(b) the need to ensure that the ambulance
service uses its resources in an effective
and efficient manner; and
(c) the need to ensure that resources of the
Victorian Legislation Parliamentary Documents
Victorian public health system and
5
emergency response services generally
are used effectively and efficiently.
(3) The board of an ambulance service has such
powers as are necessary to enable it to carry
out its functions, including the power,
10
subject to section 36, to make, amend or
revoke by-laws.
19. Procedure of board
Subject to this Part, the procedure of the
board of an ambulance service is at the
15
discretion of the board.
20. Disclosure of interest
(1) If a director of the board of an ambulance
service has a direct or indirect pecuniary
interest in a matter being considered, or
20
about to be considered, by the board, the
director, as soon as practicable after the
relevant facts come to the director's
knowledge, must disclose the nature of the
interest at a meeting of the board.
25
(2) The person presiding at the meeting must
cause the disclosure to be recorded in the
minutes of the meeting.
(3) If a majority of the other directors present at
the meeting consider that the director has a
30
conflict of interest in a matter, the director--
(a) must not be present during any
deliberations on the matter; and
(b) is not entitled to vote on the matter.
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(4) If a director votes on a matter in
contravention of sub-section (3)(b), his or
her vote must be disallowed.
(5) This section does not apply in relation to a
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matter relating to the supply of goods or
5
services to the director if the goods or
services are, or are to be, available to
members of the public on the same terms and
conditions.".
13. Director of board not an office of profit
10
(1) Insert the following heading to section 20A of the
Principal Act--
"Director of board not an office of profit".
(2) In section 20A of the Principal Act--
(a) for "member of a committee of
15
management" substitute "director of the
board";
(b) for "the member" (wherever occurring)
substitute "the director";
(c) for "member's" substitute "director's".
20
14. New sections 21, 22 and 22A to 22H inserted
For sections 21 and 22 of the Principal Act
substitute--
"21. Chief executive officer
(1) The board of an ambulance service must
25
appoint a person as the chief executive
officer and must cause any vacancy in the
office of chief executive officer to be filled
as soon as possible.
30 Note: Section 23(1)(e) provides that the Governor in
Council, by Order, on the recommendation of
the Minister, may appoint the initial chief
executive officer of a newly constituted
ambulance service.
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(2) The board of an ambulance service must not
appoint a person as chief executive officer
unless the Secretary approves--
(a) the appointment of that person; and
Victorian Legislation Parliamentary Documents
(b) the terms and conditions (including
5
remuneration) of the appointment.
(3) The functions of the chief executive officer
are--
(a) to manage the ambulance service in
accordance with--
10
(i) the financial and business plans,
strategies and budgets developed
by the board; and
(ii) the instructions of the board; and
(b) to assist the board to enable it to
15
perform its functions effectively and
efficiently; and
(c) to prepare material for consideration by
the board including statements of
priorities (where applicable), strategic
20
plans, business plans, strategies and
budgets; and
(d) to implement effective and accountable
systems to monitor the quality and
effectiveness of services provided by
25
the ambulance service; and
(e) to ensure that the ambulance service
continuously strives to improve the
quality of the services it provides and to
foster innovation; and
30
(f) to ensure that the board's decisions are
implemented effectively and efficiently
throughout the ambulance service; and
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(g) to inform the board in a timely manner
of any issues of public concern or risks
that affect or may affect the ambulance
service; and
Victorian Legislation Parliamentary Documents
(h) to inform the board, the Secretary and
5
the Minister without delay of any
significant issues of public concern or
significant risks affecting the
ambulance service.
(4) In performing his or her functions, the chief
10
executive officer must have regard to--
(a) the needs and views of patients and
other users of the ambulance service
and the communities that the
ambulance service serves; and
15
(b) the need to ensure that the ambulance
service uses its resources in an effective
and efficient manner; and
(c) the need to ensure that resources of the
Victorian public health system and
20
emergency response services generally
are used effectively and efficiently.
22. Immunity
(1) A director of the board of an ambulance
service is not personally liable for anything
25
done or omitted to be done in good faith--
(a) in the exercise of a power or the
discharge of a duty under this Act; or
(b) in the reasonable belief that the act or
omission was in the exercise of a power
30
or the discharge of a duty under this
Act.
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(2) Any liability resulting from an act or
omission that would but for sub-section (1)
attach to a director of the board of an
ambulance attaches instead to the ambulance
Victorian Legislation Parliamentary Documents
service.
5
22A. Validity of acts or decisions
An act or decision of the board of an
ambulance service is not invalid by reason
only of--
(a) a defect or irregularity in or in
10
connection with the appointment of a
director of the board; or
(b) a vacancy in the directorship of the
board.
22B. Appointment of delegate to board
15
(1) The Minister may appoint not more than
2 delegates to the board of an ambulance
service if the Minister considers that such an
appointment will assist the board to improve
the performance of the ambulance service.
20
(2) A delegate is not a director of the board of an
ambulance service.
(3) In determining if an appointment of a
delegate under sub-section (1) will assist the
board to improve the performance of the
25
ambulance service, the Minister must have
regard to--
(a) in the case of an ambulance service to
which a statement of priorities
applies--
30
(i) the need to ensure that the
ambulance service is meeting or
has met the objectives, priorities
and key performance outcomes
specified in the service's statement
35
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of priorities under section 22F;
and
(ii) whether the board has requested
such an appointment;
Victorian Legislation Parliamentary Documents
(b) in the case of an ambulance service to
5
which a statement of priorities does not
apply--
(i) the financial performance of the
ambulance service; and
(ii) the safety and quality of the
10
services provided by the
ambulance service; and
(iii) whether the ambulance service is
complying with any funding
agreement to which it is a party;
15
and
(iv) whether the board has requested
such an appointment.
(4) The Minister may appoint a delegate
irrespective of whether the board has
20
requested such an appointment.
(5) The instrument of appointment of a
delegate--
(a) must be published in the Government
Gazette; and
25
(b) must specify the terms and conditions
of appointment; and
(c) may specify any remuneration to which
the delegate is entitled.
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(6) A delegate--
(a) holds office for the period specified in
the instrument of appointment, being a
period of not more than 12 months
Victorian Legislation Parliamentary Documents
from the date of appointment; and
5
(b) is eligible for re-appointment; and
(c) is entitled to be reimbursed reasonable
expenses incurred in holding office as
delegate; and
(d) is not, in respect of the office of
10
delegate, subject to the provisions of
the Public Sector Management and
Employment Act 1998.
22C. Functions of delegate
The functions of a delegate to the board of an
15
ambulance service are--
(a) to attend meetings of the board and
observe its decision-making processes;
and
(b) to provide advice or information to the
20
board to assist it in understanding its
obligations under the Act relating to the
ambulance service; and
(c) to advise the Minister and the Secretary
on any matter relating to the ambulance
25
service or the board.
22D. Obligations of board to delegate
The board of an ambulance service must--
(a) permit a delegate appointed to the
board to attend any meeting of the
30
board; and
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(b) provide a delegate appointed to the
board with information or a copy of any
notice or other document provided to
the directors of the board at the same
Victorian Legislation Parliamentary Documents
time as such information, notice or
5
other document is provided to the
directors.
22E. Strategic plan
(1) The board of an ambulance service must, at
the direction of the Minister and at the time
10
or times determined by the Minister, prepare
and submit to the Minister for approval a
strategic plan for the operation of the
ambulance service.
(2) A strategic plan must be prepared in
15
accordance with the guidelines, if any,
established by the Minister from time to
time.
(3) The Minister may--
(a) approve a strategic plan; or
20
(b) approve a strategic plan with
amendments; or
(c) refuse to approve a strategic plan.
(4) The board of an ambulance service must
advise the Minister if it intends to exercise
25
its functions in a manner inconsistent with its
approved strategic plan.
22F. When statement of priorities to be
prepared
(1) In respect of each financial year, the board of
30
an ambulance service must--
(a) prepare, in consultation with the
Secretary, a proposed statement of
priorities in relation to the ambulance
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service in accordance with section 22H;
and
(b) submit the proposed statement to the
Minister.
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(2) If the board of the ambulance service and the
5
Minister fail to agree on a statement of
priorities before 1 October of the financial
year to which the statement of priorities
relates, the Minister may make a statement
of priorities in relation to the ambulance
10
service in accordance with section 22H.
(3) A statement of priorities may be varied at
any time if the board of the ambulance
service and the Minister so agree.
(4) If the board of the ambulance service and the
15
Minister fail to agree to a proposed variation
of a statement of priorities within 28 days
after the variation is proposed, the Minister
may--
(a) vary the statement of priorities; or
20
(b) decline to vary the statement of
priorities.
(5) The Minister must cause copies of each
statement of priorities and any variation to be
made available on request to members of the
25
public.
22G. Exemption from requirement to prepare
statement of priorities
An ambulance service is exempt from the
requirement to prepare a statement of
30
priorities under section 22F if the revenue of
the ambulance service during the last
financial year was less than the prescribed
amount.
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22H. Content of statement of priorities
An ambulance service's statement of
priorities under section 22F must--
Victorian Legislation Parliamentary Documents
(a) be consistent with the strategic plan
approved by the Minister for the
5
operation of the service; and
(b) specify in respect of the financial year
to which it relates--
(i) the services to be provided by the
ambulance service and the funds
10
to be provided to the ambulance
service; and
(ii) the objectives, priorities and key
performance outcomes to be met
by the ambulance service; and
15
(iii) the performance indicators, targets
or other measures against which
the ambulance service's
performance is to be assessed and
monitored; and
20
(iv) how and when the ambulance
service must report to the Minister
and the Secretary on its
performance in relation to the
specified objectives, priorities and
25
key performance outcomes; and
(v) such other matters as, from time to
time, are agreed by the Minister
and the board of the ambulance
service or are determined by the
30
Minister.".
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15. Creation, modification and abolition of ambulance
services
(1) In section 23(1) of the Principal Act--
Victorian Legislation Parliamentary Documents
(a) paragraph (b) is repealed;
(b) in paragraph (e), for "Regional
5
Superintendent" substitute "chief executive
officer".
(2) After section 23(1) of the Principal Act insert--
"(1A) An ambulance service must not change its
name without the approval in writing of the
10
Secretary.".
(3) In section 23(2)(e) of the Principal Act, for
"committee of management" substitute "board of
directors".
(4) In section 23(3) of the Principal Act, for
15
"Members of the committee of management"
substitute "The directors of the board".
(5) In section 23(4) of the Principal Act, for
"committee of management" substitute "board".
(6) For section 23(8) of the Principal Act
20
substitute--
"(8) Before making a recommendation to the
Governor in Council that an ambulance
service should be abolished or removed from
the list in Schedule 1, the Minister must--
25
(a) cause careful inquiry to be made into
the intended abolition or removal; and
(b) give the board of the ambulance service
an opportunity to be heard; and
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(c) at least 28 days before submitting the
recommendation to the Governor in
Council, give to the board of the
ambulance service notice in writing
Victorian Legislation Parliamentary Documents
setting out the substance of the
5
recommendation and stating that the
Minister proposes to submit it to the
Governor in Council.".
(7) Sections 23(9), 23(10) and 23(11) are repealed.
16. New sections 34, 34A and 34B inserted
10
For section 34 of the Principal Act substitute--
"34. Limits or controls on expenditure or
entering into of contracts etc.
(1) The Secretary may determine in writing--
(a) limits or controls on expenditure, or
15
expenditure of a specified kind, by a
specified ambulance service; and
(b) limits or controls on the entering into of
contracts or agreements by a specified
ambulance service--
20
and may, in writing, vary or revoke any such
determination.
(2) A determination under sub-section (1) may
be made subject to conditions.
(3) In making a determination under sub-section
25
(1), the Secretary must have regard to--
(a) the record of the ambulance service in
the management of resources and the
provision of services; and
(b) the extent to which the ambulance
30
service receives or received public
funds; and
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(c) whether or not any relevant funding
agreement is in force.
(4) The Secretary must cause a copy of a
determination under this section to be given
Victorian Legislation Parliamentary Documents
to each ambulance service to which it
5
applies.
34A. Notice of proposed direction
(1) If the Minister proposes to issue the board of
an ambulance service with a direction under
section 34B, the Minister must give a copy
10
of the proposed direction to the board at least
7 days before issuing the direction.
(2) The board of an ambulance service may give
the Minister comments in relation to the
proposed direction before the day on which
15
the direction is to be issued.
(3) The Minister must take into account the
comments of the board of an ambulance
service in determining--
(a) whether to issue the direction; and
20
(b) if the direction is to be issued, the
content of the direction.
34B. Minister may issue directions
(1) Subject to sub-section (4), the Minister may
issue written directions to the board of an
25
ambulance service on any matter in relation
to ambulance services that the Minister
considers necessary or expedient.
(2) A direction may be given generally to
ambulance services or to a specified
30
ambulance service.
(3) The board of an ambulance service must
comply with any direction issued to it.
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Act No.
(4) A direction issued under this section must
not--
(a) refer to the service provided or
proposed to be provided by an
Victorian Legislation Parliamentary Documents
ambulance service to a particular
5
person; or
(b) refer to the employment or engagement
of a particular person by an ambulance
service; or
(c) require the supply of goods or services
10
to an ambulance service by any
particular person or organisation.
(5) The Minister must cause copies of each
direction issued to be made available on
request to members of the public.".
15
17. Appointment of an administrator
(1) For section 35(1) of the Principal Act
substitute--
"(1) On the recommendation of the Minister, the
Governor in Council, by Order published in
20
the Government Gazette, may appoint an
administrator of an ambulance service if the
Minister considers that the ambulance
service--
(a) is inefficiently or incompetently
25
managed; or
(b) is failing to provide an effective
service; or
(c) has--
(i) substantially failed to meet any of
30
the objectives, priorities or key
performance outcomes specified
in its current statement of
priorities under section 22F or in
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its statements of priorities in
relation to the last 2 financial
years; and
(ii) failed to identify and adequately
Victorian Legislation Parliamentary Documents
address any problems relating to
5
the failure referred to in
paragraph (c) in a timely manner;
or
(d) has failed to comply with a direction
issued by the Minister under
10
section 34B.".
(2) In section 35(2) of the Principal Act, for
"members of a committee of management"
substitute "directors of the board of the
ambulance service".
15
(3) In section 35(3) of the Principal Act for
"committee of management" (wherever occurring)
substitute "board".
(4) In section 35(4) of the Principal Act--
(a) for paragraph (b) substitute--
20
"(b) declare that the board of an ambulance
service is to be re-established by the
appointment of a board of directors;
or";
(b) in paragraph (c), for "committee of
25
management" substitute "board of
directors".
18. New sections 36, 37, 38, 38A and 38B inserted
For section 36 of the Principal Act substitute--
"36. By-laws
30
(1) The board of an ambulance service must not
make or amend the by-laws of the ambulance
service without the approval in writing of the
Secretary.
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Act No.
(2) The board of an ambulance service must
amend the by-laws of the ambulance service
or make by-laws of the ambulance service if
the Secretary directs the board to do so with
Victorian Legislation Parliamentary Documents
respect to--
5
(a) the management of the ambulance
service; or
(b) the provision of services by the
ambulance service; or
(c) the election of committees or office
10
bearers of the ambulance service; or
(d) except in relation to an audit
commissioned under section 37, the
auditing of financial statements of the
ambulance service; or
15
(e) the keeping of accounts and records,
the qualifications of auditors (except
those auditors appointed or engaged
under section 38) and reporting to the
Minister.
20
37. Secretary may commission audits
(1) Having regard to the public interest, the
Secretary may commission an audit of an
ambulance service to determine whether the
ambulance service--
25
(a) is effectively using the public funds
allocated to it; or
(b) is providing services of a high quality;
or
(c) is meeting the objectives, priorities and
30
key performance outcomes specified in
its current statement of priorities under
section 22F.
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(2) If the Secretary commissions an audit, the
Secretary must set the terms of reference for
the audit, including when the auditor is to
report to the Secretary.
Victorian Legislation Parliamentary Documents
(3) An auditor must report to the Secretary in
5
accordance with sub-section (2).
38. Appointment or engagement of auditors
(1) The Secretary may appoint an employee
under Part 3 of the Public Sector
Management and Employment Act 1998
10
or engage any other person with the
qualifications, skills or expertise which, in
the opinion of the Secretary, are appropriate
to carry out an audit.
(2) The Secretary must specify the terms and
15
conditions on which a person is engaged to
carry out an audit.
(3) The Secretary must give written notice to the
chief executive officer of an ambulance
service in respect of which an audit will be
20
carried out stating--
(a) that an audit will be carried out and the
terms of reference for the audit; and
(b) the name of the auditor who has been
appointed or engaged to carry out the
25
audit.
(4) The Secretary must issue to an auditor a
copy of the auditor's authorisation to act as
an auditor.
38A. Powers of auditors
30
(1) An auditor may at any time, with such
assistance as he or she reasonably requires,
for the purpose of carrying out an audit
under this Act enter the premises of an
ambulance service and may--
35
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(a) inspect the premises; and
(b) inspect, take possession of, make
copies of or take extracts from any
document; and
Victorian Legislation Parliamentary Documents
(c) ask questions of any--
5
(i) person who is engaged or
employed by the ambulance
service;
(ii) director of the ambulance service.
(2) If any document is seized under sub-section
10
(1), the auditor must return the document to
the ambulance service within 7 days after it
is seized.
(3) A person must not refuse or fail to give full
and true answers to the best of that person's
15
knowledge to any questions asked by an
auditor in the performance or exercise of any
power under this Act.
Penalty: 60 penalty units.
(4) An answer given pursuant to a requirement
20
under sub-section (3) is not admissible in
evidence against the person in criminal
proceedings other than proceedings under
this section.
(5) A person must not, in purported compliance
25
with this section, give information or make a
statement that is false or misleading in a
material particular.
Penalty: 60 penalty units.
(6) It is a defence in proceedings under sub-
30
section (5) if the person proves that he or she
did not know that the information or
statement was false or misleading.
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(7) A person must not obstruct or hinder an
auditor in the performance or exercise of the
auditor's powers under this Act.
Penalty: 60 penalty units.
Victorian Legislation Parliamentary Documents
(8) An auditor must produce a copy of his or her
5
authorisation to act as an auditor if requested
to do so.
38B. Confidentiality requirements
(1) A person who is, or at any time has been, an
auditor under this Act must not, except to the
10
extent necessary to perform any official
duties or to perform or exercise any function
or power under this Act, either directly or
indirectly, make a record of or divulge or
communicate to any person any information
15
that is or was acquired by the person by
reason of being, or having been, an auditor
or make use of any such information for any
purpose other than the performance of
official duties or the performance or exercise
20
of that function or power.
Penalty: 100 penalty units.
(2) Sub-section (1) does not preclude a person
from--
(a) producing a document to a court in the
25
course of criminal proceedings; or
(b) divulging or communicating to a court
in the course of any criminal
proceedings any matter or thing coming
under the notice of the person in the
30
performance of official duties or in the
performance or exercise of a function
or power referred to in sub-section (1);
or
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(c) producing a document or divulging or
communicating information with the
prior consent of the person to whom it
relates, or if that person has died, with
Victorian Legislation Parliamentary Documents
the consent of the senior available next
5
of kin of that person.".
19. Offences
In section 39(1)(d) of the Principal Act, for
"ambulance officer" substitute "operational staff
member".
10
20. New sections 39AA and 39AB inserted
After section 39 of the Principal Act insert--
"39AA. False report of emergency to ambulance
service
A person must not wilfully give or cause to
15
be given a false report of an emergency to an
ambulance service.
Penalty: 60 penalty units.
39AB. Police authorised to remove persons when
requested
20
At the request of an operational staff member
providing care or treatment to a patient or
attempting to provide care or treatment to a
patient, a member of the police force is
authorised to remove any person who
25
interferes or may interfere, by his or her
presence or otherwise, with the provision of
care or treatment.".
21. Regulations
In section 40(1) of the Principal Act--
30
(a) in paragraphs (a) and (c), for "ambulance
officers" substitute "operational staff
members";
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Act No.
(b) for paragraph (e) substitute--
'(e) the use of the word "paramedic" on any
vehicle that is used to operate a non-
emergency patient transport service
Victorian Legislation Parliamentary Documents
within the meaning of the Non-
5
Emergency Patient Transport Act
2003 by a person required to hold a
licence under section 5(1) of that Act;'.
22. Transitional provisions
After section 48 of the Principal Act insert--
10
"Division 3--Change to Board of an
Ambulance Service
49. Board same body as former committee of
management
The board of an ambulance service is to be
15
taken to be the same body as the committee
of management of an ambulance service was
before section 11 of the Ambulance
Services (Amendment) Act 2004 comes
into operation, despite any of the changes
20
made to its name, structure, functions and
operation by that Act and no matter or thing
is to be affected because of those changes.
50. References to former committees of
management and former members of
25
committees of management
(1) Any reference to the committee of
management of an ambulance service in any
subordinate instrument, certificate of title,
agreement or other document as far as it
30
relates to any period after section 11 of the
Ambulance Services (Amendment) Act
2004 comes into operation is to be construed
as a reference to the board of the ambulance
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service, unless the contrary intention
appears.
(2) Any reference to a member of the committee
of management of an ambulance service in
Victorian Legislation Parliamentary Documents
any subordinate instrument, certificate of
5
title, agreement or other document as far as it
relates to any period after section 11 of the
Ambulance Services (Amendment) Act
2004 comes into operation is to be construed
as a reference to a director of the board of
10
the ambulance service, unless the contrary
intention appears.
51. Former members of committee of
management to remain in office
The members of the committee of
15
management of an ambulance service
continue to hold office as directors of the
board of the ambulance service after
section 11 of the Ambulance Services
(Amendment) Act 2004 comes into
20
operation for the remaining period for which
they were appointed, subject to sections
17(8) and 17(9) of this Act.".
See:
23. Amendment to Summary Offences Act 1966 Act No.
7405.
Before section 52 of the Summary Offences Act
25 Reprint No. 8
1966 insert-- as at
1 January
"51. Obstructing operational staff members 2003 and
amending
(1) A person must not assault, resist, obstruct, Act Nos
10/2003,
hinder or delay an operational staff member 33/2003 and
within the meaning of the Ambulance 80/2003.
30
LawToday:
Services Act 1986 in the course of the www.dms.
operational staff member providing care or dpc.vic.
gov.au
treatment or attempting to provide care or
treatment to a patient.
Penalty: 6 months imprisonment.
35
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(2) Sub-section (1) does not apply to a patient
referred to in that sub-section.".
Victorian Legislation Parliamentary Documents
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Endnotes
Act No.
ENDNOTES
Victorian Legislation Parliamentary Documents
By Authority. Government Printer for the State of Victoria.
35
551170B.I1-14/5/2004 BILL LA CIRCULATION 14/5/2004
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