Victorian Consolidated Legislation

Ambulance Services Act 1986 - SECT 23

PART 5 CREATION, MODIFICATION AND ABOLITION OF AMBULANCE SERVICES

Creation, modification and abolition of ambulance services

23. Creation, modification and abolition of ambulance services



(1) The Governor in Council may, by Order, on the recommendation of the
Minister-

   (a)  create an ambulance service by a name specified in the Order;



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   (c)  transfer to an ambulance service any assets, powers, works, rights,
        liabilities or obligations of another ambulance service;

   (d)  provide for the employment by an ambulance service of any employees of
        another ambulance service;

   (e)  appoint the initial chief executive officer of a newly constituted
        ambulance service;



   (f)  specify or change the boundaries of the area over which an
        ambulance service has administrative jurisdiction;

   (g)  abolish any ambulance service;

   (h)  remove an ambulance service from the list in Schedule 1;

        (i)    provide that a reference in any document to an
               ambulance service is to be construed as a reference to another
               ambulance service;



   (j)  specify the date on which the Order comes, or the dates on which the
        parts of the Order come, into operation;

   (k)  make provision for any other matter which, in the opinion of the
        Governor in Council, is necessary or expedient for the creation or
        abolition of an ambulance service.

(1A) An ambulance service must not change its name without the approval in
writing of the Secretary.



(2) An ambulance service created under this section-

   (a)  is a body corporate having perpetual succession;

   (b)  is capable of acquiring, holding and disposing of property;

   (c)  is capable of suing and being sued;

   (d)  is to have a common seal;

   (e)  is to be governed by a board of directors;





   (f)  is capable of doing and suffering all acts and things that bodies
        corporate may by law do or suffer.

(3) The directors of the board of an ambulance service created under this
section are not personally liable for any debt of the ambulance service.

(4) The common seal of an ambulance service created under this section must
not be used except as authorized by a resolution of the service's board.

(5) All courts must take judicial notice of the common seal of an
ambulance service created under this section affixed to any document.

(6) An Order under this section does not render defective any legal
proceedings by or against an ambulance service. Any legal proceedings which
might have been continued or commenced against an ambulance service in
relation to assets, powers, works, rights, liabilities or obligations which
have been transferred may be continued or commenced against the
ambulance service to which the assets, powers, works, rights, liabilities or
obligations were transferred.

(7) Any employee of an ambulance service who is transferred to an
ambulance service created under this section-

   (a)  is to be, subject to the Order creating the service, an employee of
        the service created under this section; and

   (b)  is to be continued to be employed on terms and conditions no less
        favourable than the terms and conditions applicable immediately before
        the transfer; and

   (c)  retains all rights, benefits and entitlements accrued up to the time
        of the transfer.

(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-

   (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



   (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 setting out the substance of the recommendation and stating
        that the Minister proposes to submit it to the Governor in Council.



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