Download Ambulance Service Act 1991 PDF

TitleAmbulance Service Act 1991
LanguageEnglish
File Size1.1 MB
Total Pages139
Table of Contents
                            Contents
	Part 1 Preliminary
		1 Short title
		2 Definitions
	Part 2 Queensland Ambulance Service
		Division 1 Queensland Ambulance Service
			3A Establishment of service
			3B Membership of service
			3D Service’s functions
			3E Chief executive’s responsibility
		Division 2 The commissioner
			4 Appointment of commissioner
			4A Acting commissioner
			5 Disqualification from appointment
			6 Vacation of office
			9 Role of commissioner
		Division 3 Staff of the service generally
			13 Employees
			13A Requirement to disclose previous history of serious disciplinary action
			14 Honorary ambulance officers
			15 Officers employed under this Act
			16 No additional remuneration
			17 Superannuation scheme
			18 Retrenchment and redundancy
		Division 4 Disciplinary action for service officers and former service officers
			Subdivision 1 Grounds and disciplinary action generally
				18A Grounds for discipline
				18B Disciplinary action that may be taken against a service officer generally
			Subdivision 2 Disciplinary action against a service officer who was a public service employee or fire service officer
				18C Application of sdiv 2
				18D Definitions for sdiv 2
				18E Action previous chief executive may take
				18F Action employing chief executive may take
				18G Declaration if same chief executive is the previous chief executive and employing chief executive
			Subdivision 3 Disciplinary action against a former service officer
				18H Application of sdiv 3
				18I Action chief executive may take
			Subdivision 4 Provisions about information about disciplinary action
				18J Information about disciplinary action to be given by chief executive
				18K Information about disciplinary action to be given to chief executive
				18L Use of particular information about disciplinary action obtained by chief executive in another capacity
			Subdivision 5 Other provisions about disciplinary action etc.
				18M Suspension of service officer liable to discipline
				18N Procedure for disciplinary action
				18O Effect of suspension from duty
				18P Additional procedures for suspension or termination
		Division 5 Other matters about the service
			19 Fund
			22 Delegations
			23 Requirement to report pool immersion incident
	Part 4 Local ambulance committees
		Division 1 Establishment and functions of committees
			26 Establishment of committees
			27 Functions of committees
		Division 2 Conduct of business and membership of committees
			28 Conduct of business
			29 Members of committees
			29A Dealing with vacancy in office of a member
			30 Liability of members
			31 Protection of members
		Division 3 Other matters about committees
			31A Minister may approve or amend constitution
			31B Commissioner to give constitution to committees
			32 Committees are statutory bodies
			33 Application of laws
			34 Investigations
			35 Dissolution of committees
			36 Effect of dissolution
	Part 4A Root cause analyses
		Division 1 Preliminary
			36A Definitions for pt 4A
			36B Meaning of root cause analysis
			36C Purpose of pt 4A
			36D Guiding principles for conduct of RCA of reportable event
		Division 2 RCA teams
			36E Appointment of RCA team
			36F Requirements for appointment
		Division 3 Reporting
			36G RCA team’s report
			36H Reporting to commissioning authority
		Division 4 Stopping conduct of RCA of reportable event
			36I Definition for div 4
			36J Stopping conduct of RCA of reportable event—RCA team
			36K Stopping conduct of RCA of reportable event—commissioning authority
		Division 5 Disclosure or release of information
			36L Definitions for div 5
			36M Disclosure of information—RCA team member or relevant person
			36N Disclosure of information—commissioning authority or relevant person
			36NA Information about excluded notifiable conduct
			36O Release of information to health ombudsman
			36P Giving of copy of RCA report—medical director
			36Q Giving of copy of RCA report etc.—investigation under the Coroners Act 2003
			36R Giving of information to Minister or chief executive
			36S Giving of copy of, or information contained in, RCA report—person who has sufficient personal or professional interest
			36T Information not to be given in evidence
			36U Information provider can not be compelled to give particular information in evidence
		Division 6 Protections
			36V Protection from liability
			36W Giving of information protected
			36X Reprisal and grounds for reprisals
			36Y Offence for taking reprisal
			36Z Damages entitlement for reprisal
		Division 7 Miscellaneous
			36ZA Application of provisions of this part
			36ZB RCA report not admissible in evidence
			36ZC Review of pt 4A
	Part 5 Administration and powers
		37 Authorised officers
		38 Powers of authorised officers
		39 Protection from certain liability
		40 Power to accept gifts etc.
		41 Codes of practice
	Part 5A Investigation officers
		Division 1 Investigation officers
			41A Appointment
			41B Appointment conditions and limit on powers
			41C When investigation officer ceases to hold office
			41D Functions of investigation officers
			41E Issue of identity card
			41F Production or display of identity card
			41G Return of identity card
		Division 2 Powers of investigation officers
			41H Power to enter places
			41I Entry with consent
			41J General powers after entering places
			41K Power to require name and address
		Division 3 Protection from liability
			41L Protection from liability
	Part 6 Offences
		42 Right of way to ambulances
		43 Unauthorised ambulance transport
		44 Failure to help investigation officer
		45 Failure to answer questions
		45A Failure to give name or address
		45B False or misleading statements
		45C False or misleading documents
		46 Obstruction
		47 False calls for ambulance service
		48 Restricted use of words ‘Ambulance Service’
		49 Unauthorised disclosure of confidential information by a designated officer
		49A Unauthorised disclosure of confidential information by an informed person
		50 Proceedings for offences
		50A Proceedings for indictable offences
		50B Limitation on who may summarily hear indictable offence
		50C Order for payment if guilty of false call
	Part 7 General
		Division 1 Confidentiality
			50D Definitions for div 1
			50E Disclosure required or permitted by law
			50F Disclosure with consent
			50G Disclosure to person who has sufficient interest in health and welfare of person
			50H Disclosure of confidential information for care or treatment of person
			50I Disclosure is general condition of person
			50J Disclosure to police or corrective services officers
			50K Disclosure for administering, monitoring or enforcing compliance with Act
			50L Disclosure to Commonwealth, another State or Commonwealth or State entity
			50M Disclosure to health ombudsman
			50N Disclosure to Australian Red Cross Society
			50O Disclosure to person performing function under Coroners Act 2003
			50P Disclosure is authorised by chief executive
			50Q Necessary or incidental disclosure
			50R Application of this division to former designated officers
		Division 2 Other matters
			51 Exemption from tolls
			52 Interstate assistance at accidents
			53A Function of Emergency Services Advisory Council
			53B Exemption from payment for ambulance service
			53C Agreement about payment for ambulance service
			53D Recovery of fees and charges
			54 Regulation-making power
	Part 8 Savings and transitional provisions
		Division 1 Provisions for Act before commencement of Emergency Services Legislation Amendment Act 1998
			54A Definitions
			55 Superannuation entitlements
			56 References to the board and previous committees
			57 References to Ambulance Services Act 1967
			58 References to corporation and former service
			59 Vesting of assets
			60 Legal proceedings
			61 Ambulance officers
			62 Medical officers
			63 Administrative and service officers
			64 Conditions of employment of transferred officers
			65 Honorary ambulance officers
			66 Trusts
			67 Duty to assist transfer of property
		Division 2 Provision for Emergency Services Legislation Amendment Act 1998
			68 Board members go out of office
		Division 3 Provisions for Emergency Services Legislation Amendment Act 2001
			69 Definitions for div 3
			70 Former service dissolved
			71 Superannuation entitlements
			72 References to former service
			73 Vesting of assets
			74 Legal or disciplinary proceedings
			75 Suspension
			76 Service officers
			77 Conditions of employment of transferred officers
			78 Honorary ambulance officers
			79 Trusts
			80 Duty to help transfer of property
			81 Things taken to have been done etc. by commissioner
			82 Things taken to have been done etc. by chief executive
			83 Other things taken to have been done etc. by chief executive
			84 Other things taken to have been done etc. by the State
			85 Closure of Ambulance Service Fund
		Division 4 Provisions for Emergency Services Legislation Amendment Act 2002
			87 Definitions for div 4
			88 Former constitution ceases to apply
			89 Committee members continue in office
			90 Office holders continue to hold office
			91 Minister must notify approval day
		Division 5 Provisions for Community Ambulance Cover Act 2003
			92 Definitions for div 5
			93 Former subscriber’s entitlement ends
			94 Charge not payable for particular ambulance service
			95 Continuation of written authority
		Division 6 Provisions for Integrity Reform (Miscellaneous Provisions) Amendment Act 2010
			96 Definition for div 6
			97 Disciplinary action for acts or omissions happening before commencement
			98 Disciplinary action against former public service employee or fire service officer
			99 Disciplinary action against former service officer
		Division 7 Transitional provision for Health and Other Legislation Amendment Act 2014
			100 Transitional provision for chain of event documents
	Schedule Dictionary
                        
Document Text Contents
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Queensland

Ambulance Service Act 1991

Current as at 1 March 2017

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[s 41J]

Ambulance Service Act 1991
Part 5A Investigation officers
(a) an issue arises in a proceeding about whether the
occupier consented to the entry; and

(b) an acknowledgement complying with subsection (4) for
the entry is not produced in evidence;

the onus of proof is on the person relying on the lawfulness of
the entry to prove the occupier consented.

41J General powers after entering places

(1) This section applies to an investigation officer who enters a
place.

(2) However, if an investigation officer enters a place to get the
occupier’s consent to enter a place, this section applies to the
officer only if the consent is given or the entry is otherwise
authorised.

(3) For monitoring and enforcing compliance with sections 44 to
45C and 47, the investigation officer may—

(a) copy a document at the place or take the document to
another place to copy it; or

(b) require a person at the place, to give the officer
reasonable help to exercise the officer’s powers under
paragraph (a); or

(c) require a person at the place, to answer questions by the
officer to help the officer ascertain whether the person,
or another person at the place, committed an offence
against section 44, 45, 45A, 45B, 45C or 47.

(4) When making a requirement mentioned in subsection (3)(b)
or (c), the investigation officer must warn the person it is an
offence to fail to comply with the requirement, unless the
person has a reasonable excuse.

(5) If an authorised officer takes a document from a place to copy
it, the document must be copied as soon as practicable and
returned to the place.

(6) To remove any doubt, it is declared that this section applies to
an investigation officer who is also an authorised officer and
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Authorised by the Parliamentary Counsel

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[s 41K]

Ambulance Service Act 1991
Part 5A Investigation officers
entered a place for the purpose of exercising a power under
section 38(1).

(7) Also, the powers an investigation officer mentioned in
subsection (6) has under this section are in addition to, and do
not limit, any powers the officer may have under
section 38(1).

41K Power to require name and address

(1) This section applies if an investigation officer—

(a) finds a person committing an offence against section 44,
45, 45A, 45B, 45C or 47; or

(b) finds a person in circumstances that lead the officer to
reasonably suspect the person has just committed an
offence against section 44, 45, 45A, 45B, 45C or 47; or

(c) has information that leads the officer to reasonably
suspect a person has committed an offence against
section 44, 45, 45A, 45B, 45C or 47.

(2) The investigation officer may require the person to state the
person’s name and residential address.

(3) When making the requirement, the investigation officer must
warn the person it is an offence to fail to state the person’s
name or residential address, unless the person has a
reasonable excuse.

(4) The investigation officer may require the person to give the
officer evidence of the correctness of the stated name or
residential address if the officer reasonably suspects the stated
name or address to be false.
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Endnotes

Ambulance Service Act 1991
3.5 23

3.6 24

3.7 25

4.1 26

4.2 27

4.3 28

4.4 29

4.5 30

4.6 31

4.7 32

4.8 33

4.9 34

4.10 35

4.11 36

5.1 37

5.2 38

5.3 39

5.4 40

5.5 41

6.1 42

6.2 43

6.3 44

6.4 45

6.5 46

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Endnotes

Ambulance Service Act 1991
6.6 47

6.7 48

6.8 49

6.9 50

7.1 51

7.1 52

7.3 53

7.4 54

8.5 55

8.8 56

8.8A 57

© State of Queensland 2017

Previous Renumbered as
Current as at 1 March 2017 Page 137

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