AMBULANCE SERVICES ACT 1986 - SECT 23 Creation, modification and abolition of ambulance services

AMBULANCE SERVICES ACT 1986 - SECT 23

S. 23(1) amended by No. 38/1998

s. 10(b).

    (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;

S. 23(1)(b) repealed by No. 51/2004 s. 15(1)(a).

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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;

S. 23(1)(e) amended by No. 51/2004 s. 15(1)(b).

        (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.

S. 23(1A) inserted by No. 51/2004 s. 15(2).

    (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;

S. 23(2)(e) amended by No. 51/2004 s. 15(3).

        (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.

S. 23(3) amended by No. 51/2004 s. 15(4).

    (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.

S. 23(4) amended by No. 51/2004 s. 15(5).

    (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.

S. 23(8) substituted by No. 51/2004 s. 15(6).

    (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.

S. 23(9)–(11) repealed by No. 51/2004 s. 15(7) (as amended by No. 29/2006 s. 3(Sch. 1 item 2)).

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S. 23A inserted by No. 25/1999 s. 6.