QueenslandAmbulanceServiceAct1991Current as at 20 May 2013
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Ambulance Service Act 1991Ambulance Service Act 1991Part 1
Preliminary[s 1][as amended by
all amendments that commenced on or before 20 May 2013]An Act
to establish the Queensland Ambulance Service and forother
purposesPart 1Preliminary1Short
titleThis Act may be cited as theAmbulance Service Act 1991.2DefinitionsThe dictionary
in the schedule defines particular words usedin this
Act.Part 2Queensland
AmbulanceServiceDivision 1Queensland Ambulance Service3AEstablishment of serviceThe
Queensland Ambulance Service is established.Current as at 20
May 2013Page 9
Ambulance Service Act 1991Part 2 Queensland
Ambulance Service[s 3B]3BMembership of serviceThe service
consists of—(a)the commissioner; and(b)ambulanceofficers,medicalofficersandotherstaffmembers employed under section 13.3DService’s functionsThe
functions of the service are—(a)toprovide,operateandmaintainambulanceservices;and(b)for ambulance services provided during
rescue and otherrelatedactivities—toprotectpersonsfrominjuryordeath, whether or not the persons are sick
or injured; and(c)toprovidetransportforpersonsrequiringattentionatmedical or health care facilities;
and(d)toparticipatewithotheremergencyservicesincounter-disaster planning; and(e)tocoordinateallvolunteerfirstaidgroupsformajoremergencies or
disasters; and(f)toadoptandputintoeffectallnecessarymeasures(includingsystemsofplanning,managementandqualitycontrol)tobestensuretheefficientandeconomic operation and use of its resources
in providingambulance services; and(g)to
provide casualty room services; and(h)to
refer a person to another health service; and(i)to
provide community and workplace education in firstaid,cardiopulmonaryresuscitationandotherrelatedmatters,totheextentthattheservice’spersonnelandequipment can reasonably be deployed
or used for thepurpose; and(j)to
identify and market products and services incidentalto
its other functions; andPage 10Current as at 20
May 2013
Ambulance Service Act 1991Part 2
Queensland Ambulance Service[s 3E](k)toperformotherfunctionsgiventotheserviceunderthis
Act or another Act; and(l)to perform
functions incidental to its other functions.3EChief
executive’s responsibility(1)Thechiefexecutiveisresponsibleforthewaytheserviceperforms its
functions.(2)Withoutlimitingsubsection(1),thechiefexecutiveisresponsible for—(a)definingtheobjectives,strategiesandpoliciestobefollowed by the service; and(b)ensuringtheserviceperformsitsfunctionsinanappropriate, effective and efficient
way.Example—The
chief executive could establish performance measures forthe
service.(3)Thissectiondoesnotaffectthechiefexecutive’sresponsibilities
for the department under another Act.Division 2The
commissioner4Appointment of commissioner(1)The Governor in Council, acting on the
recommendation ofthe Minister, is to appoint a commissioner
of the service.(2)The commissioner is to be paid such
salary and allowancesand employed on such terms and
conditions as the Governorin Council determines.4AActing commissioner(1)TheMinistermayappointapersontoactintheofficeofcommissioner during—(a)any
vacancy, or all vacancies, in the office; orCurrent as at 20
May 2013Page 11
Ambulance Service Act 1991Part 2 Queensland
Ambulance Service[s 5](b)anyperiod,orallperiods,whenthecommissionerisabsent from duty, or can not, for another
reason, performthe functions of the office.(2)The Minister’s power to appoint a
person to act in the office ofcommissionerdoesnotlimittheGovernorinCouncil’spowersundertheActsInterpretationAct1954,section25(1)(b)(iv) and
(v).5Disqualification from
appointmentA person who—(a)is
an undischarged bankrupt or takes advantage of thelaws
in force for the time being relating to bankruptcy;or(b)is or attains
the age of 65 years; or(c)has been or is
convicted in Queensland of an indictableoffence or has
been or is convicted elsewhere in respectof an act or
omission that if done or made by that personinQueenslandwouldhaveconstitutedanindictableoffence;is
not capable of being or continuing to be the commissioner.6Vacation of office(1)Theofficeofthecommissionerbecomesvacantifthecommissioner—(a)dies; or(b)becomes incapable of continuing as the
commissioner;or(c)furnishes his or
her written resignation to the Minister;or(d)under section 5, ceases to be capable
of continuing to bethe commissioner; or(e)is
removed from office; orPage 12Current as at 20
May 2013
Ambulance Service Act 1991Part 2
Queensland Ambulance Service[s 9](f)withouttheapprovaloftheMinister,engagesinanyemploymentoutsidethedutiesofthecommissionerunder this Act;
or(g)isabsentfromdutyforaperiodof14dayswithoutlawful
excuse.(2)Aresignationgivenundersubsection(1)(c)isnoteffectiveuntil written acceptance of it is given by
the Minister.9Role of commissionerThecommissionermust,inaccordancewiththeobjectives,strategies and
policies defined by the chief executive—(a)manage the service’s operations; and(b)perform the commissioner’s functions
and exercise thecommissioner’s powers under this Act.Division 3Staff of the
service generally13Employees(1)Thechiefexecutivemayappointandemployonsalaryorwages or engage and employ under contracts
such persons—(a)as ambulance officers; and(b)as medical officers; and(c)as other staff members;as
are necessary for the effectual administration of this Act.(2)Subject to any applicable decision
within the meaning of theIndustrialRelationsAct1999,personsemployedundersubsection (1)
(other than on contract) are to be paid salaries,wages and allowances at such rates and are
to be employedunder such conditions of employment
(including conditions asto occupational superannuation and
leave entitlements) as thechief executive determines.Current as at 20 May 2013Page
13
Ambulance Service Act 1991Part 2 Queensland
Ambulance Service[s 13A]13ARequirement to disclose previous history of
seriousdisciplinary action(1)Ifthechiefexecutiveproposestoappointapersonundersection13,thechiefexecutivemayrequirethepersontodisclosetothechiefexecutiveparticularsofanyseriousdisciplinary
action taken against the person.(2)Thepersonmustcomplywiththerequirementbeforetheappointment takes effect and within
the time and in the waystated by the chief executive.(3)The chief executive may have regard to
information disclosedbythepersonunderthissectionindecidingwhethertoappoint the person under section
13.(4)Thechiefexecutiveisnotrequiredtofurtherconsidertheperson for appointment under section
13 if the person—(a)fails to comply with the requirement;
or(b)gives false or misleading information
in response to therequirement.14Honorary ambulance officers(1)Thecommissionermayappointsuchpersonsasthecommissionerconsidersappropriatetobehonoraryambulance
officers.(2)Honorary ambulance officers—(a)maycarryout,withoutremuneration,suchofthefunctions of the
service as the commissioner may direct;and(b)aresubjecttothecontrolandsupervisionofthecommissioner.15Officers employed under this ActService officers are to be employed under
this Act, and notunder thePublic Service
Act 2008.Page 14Current as at 20
May 2013
Ambulance Service Act 1991Part 2
Queensland Ambulance Service[s 16]16No additional remunerationAserviceofficerisnottoseekoracceptonaccountofanything done in the course of duty in the
service any fee orreward not authorised by the chief
executive.17Superannuation scheme(1)TheGovernorinCouncilmayapproveasuperannuationscheme(otherthantheQueenslandAmbulanceServiceSuperannuationScheme)forserviceofficersorclassesofservice officers.(2)Everyserviceofficer(otherthananhonoraryambulanceofficer)mustbecomeacontributortoanapprovedsuperannuationscheme(iftheofficerisotherwiseeligibleunder the terms of the scheme) and, while a
service officer,must continue to contribute to the scheme in
accordance withits terms.(3)A
service officer who becomes a public service officer must,by
written notice given to the chief executive within 2 monthsafter starting employment with the public
service, elect—(a)to continue to contribute to an
approved superannuationscheme; or(b)tocontributetothesuperannuationschemetowhichpersonswhobecomepublicserviceofficersafterthecommencement of this section would usually
contribute.18Retrenchment and redundancyIf
the chief executive is satisfied that—(a)the
duties and functions of a position in the service areno
longer required; or(b)thedutiesofthepositionaretobeincorporatedwiththose of another position;the
chief executive may terminate the services of the officer inaccordancewiththeretrenchmentorredundancyarrangements
approved by the Governor in Council.Current as at 20
May 2013Page 15
Ambulance Service Act 1991Part 2 Queensland
Ambulance Service[s 18A]Division 4Disciplinary action for serviceofficers and former service officersSubdivision 1Grounds and
disciplinary actiongenerally18AGrounds for discipline(1)Thechiefexecutivemaydisciplineaserviceofficerifthechief executive
is reasonably satisfied the officer has—(a)performed the officer’s duties carelessly,
incompetentlyor inefficiently; or(b)been
guilty of misconduct; or(c)beenabsentfromdutywithoutapprovedleaveandwithout reasonable excuse; or(d)contravened,withoutreasonableexcuse,adirectiongiven to the
officer as a service officer by a responsibleperson;
or(e)used,withoutreasonableexcuse,asubstancetoanextentthathasadverselyaffectedthecompetentperformance of
the officer’s duties; or(f)contravened,
without reasonable excuse, a requirementof the chief
executive under section 13A(1) in relation totheofficer’sappointmentby,inresponsetotherequirement—(i)failing to disclose a serious disciplinary
action; or(ii)giving false or
misleading information; or(g)contravened,
without reasonable excuse, a provision ofthis Act or an
obligation imposed on the person under—(i)a
code of practice; or(ii)a code of
conduct—(A)approved under thePublic Sector
Ethics Act1994; orPage
16Current as at 20 May 2013
Ambulance Service Act 1991Part 2
Queensland Ambulance Service[s 18A](B)prescribedunderadirectiveofthecommission chief executive under
thePublicService Act
2008; or(iii)an
industrial instrument.(2)Adisciplinarygroundariseswhentheactoromissionconstituting the
ground is done or made.(3)Also, the chief
executive may—(a)disciplineaserviceofficerundersubdivision2ifaground mentioned
in subsection (1) exists; or(b)discipline a former service officer under
subdivision 3 or4 on the same grounds mentioned in
subsection (1).(4)Ifthechiefexecutiveiscontemplatingtakingdisciplinaryaction against a
service officer in relation to performance orconductthatthechiefexecutiveconsidersmayhavebeeninfluenced by the officer’s health, or on
the ground of absencefrom duty, the chief executive
may—(a)appoint a medical practitioner to
examine the officer andtogivethechiefexecutiveawrittenreportabouttheofficer’s mental or physical condition, or
both; and(b)direct the officer to submit to the
medical examination.(5)In this
section—misconductmeans—(a)inappropriateorimproperconductinanofficialcapacity; or(b)inappropriate or improper conduct in a
private capacitythat reflects seriously and adversely on the
ambulanceservice.Example of
misconduct—victimising another service officer in
the course of the other officer’semployment in the
ambulance serviceresponsibleperson,foradirection,meansapersonwithauthority to give the direction, whether the
authority derivesfrom this Act or otherwise.Current as at 20 May 2013Page
17
Ambulance Service Act 1991Part 2 Queensland
Ambulance Service[s 18B]18BDisciplinary action that may be taken
against a serviceofficer generally(1)In
disciplining a service officer, the chief executive may takethe
action, or order the action be taken, (disciplinary
action)thatthechiefexecutiveconsidersreasonableinthecircumstances.Examples of
disciplinary action—•termination of
employment•reductionofclassificationlevelandaconsequentialchangeofduties•transfer or redeployment to other ambulance
service employment•forfeiture or deferment of a
remuneration increment or increase•reduction of remuneration level•imposition of a monetary
penalty•if a penalty is imposed, a direction
that the amount of the penalty bededucted from the
officer’s periodic remuneration payments•a
reprimand(2)Ifthedisciplinaryactionistakenfollowinganagreementunder section
18F(1) between the previous chief executive andthe employing
chief executive mentioned in the section, thechief executives
must agree on the disciplinary action.(3)A
monetary penalty can not be more than the total of 2 of theofficer’s periodic remuneration
payments.(4)Also, an amount directed to be
deducted from any particularperiodic
remuneration payment of the officer—(a)must
not be more than half of the amount payable to orfor
the officer in relation to the payment; and(b)mustnotreducetheamountofsalarypayabletotheofficer in
relation to the period to less than—(i)iftheofficerhasadependant—theguaranteedminimum wage for
each week of the period; or(ii)otherwise—two-thirds of the guaranteed
minimumwage for each week of the period.(5)An order under subsection (1) is
binding on anyone affectedby it.Page 18Current as at 20 May 2013
Ambulance Service Act 1991Part 2
Queensland Ambulance Service[s 18C]Note—See the following
provisions in relation to appeals against a decision ofthe
chief executive to take disciplinary action against a
person—(a)thePublic Service
Act 2008, sections 23 and 194;(b)thePublic Service Regulation 2008,
sections 5 and 7 and schedule1, item 4.Subdivision 2Disciplinary
action against a serviceofficer who was a public
serviceemployee or fire service officer18CApplication of sdiv 2(1)This subdivision applies if—(a)a person is a public service employee
in a departmentand a relevant disciplinary ground arises in
relation tothe person; and(b)after the relevant disciplinary ground
arises, the personchangesemploymentfromthatdepartmenttoemployment under section 13.(2)This subdivision also applies
if—(a)apersonisafireserviceofficerandarelevantdisciplinary ground arises in relation to
the person; and(b)after the relevant disciplinary ground
arises, the personchanges employment from employment as a fire
serviceofficer to employment under section
13.(3)However,thissubdivisiondoesnotapplyiftheperson’spreviouschiefexecutivehastaken,istaking,orintendstotake,disciplinaryactionagainstthepersonunderarelevantdisciplinary
provision.Note—See—(a)thePublicServiceAct2008, section 188A in relation to
takingdisciplinaryactionagainstapersonwhowasapublicserviceCurrent as at 20
May 2013Page 19
Ambulance Service Act 1991Part 2 Queensland
Ambulance Service[s 18D]employee;
and(b)theFireandRescueServiceAct1990,part4,division3,subdivision3inrelationtotakingdisciplinaryactionagainstaperson who was a fire service
officer.(4)Forthissection,apersonchangesemploymentfromadepartment, or from employment as a
fire service officer, toemployment under section 13 if—(a)theperson’semploymentundersection13startsafterthe
person’s employment in the department or as a fireservice officer ends; or(b)the
person is employed under section 13 following thecommissionertransferringorredeployingthepersonfrom the
department or the Queensland Fire and RescueService.Note—See the following
provisions in relation to transfers or deployments bythe
commissioner—(a)thePublic Service
Act 2008, sections 23 and 133;(b)thePublic Service Regulation 2008,
section 5 and schedule 1, item4.18DDefinitions for sdiv 2In
this subdivision—disciplinaryfinding,inrelationtoarelevantdisciplinaryground,meansafindingthatarelevantdisciplinarygroundexists.employingchiefexecutivemeansthechiefexecutiveunderthis Act.previous chief executivemeans—(a)for a person who was a public service
employee—thechief executive of the department in which
the personheldanappointment,orwasemployed,asapublicservice
employee; orPage 20Current as at 20
May 2013
Ambulance Service Act 1991Part 2
Queensland Ambulance Service[s 18E](b)forapersonwhowasafireserviceofficer—thefireservice chief executive.relevant disciplinary groundmeans—(a)forapersonwhowasapublicserviceemployee—adisciplinary
ground under thePublic Service Act 2008;or(b)forapersonwhowasafireserviceofficer—adisciplinary ground under theFireandRescueServiceAct
1990.relevant disciplinary provisionmeans—(a)for
a person who was a public service employee—thePublic Service
Act 2008, chapter 6; or(b)for
a person who was a fire service officer—theFire andRescue Service Act 1990, part 4,
division 3.18EAction previous chief executive may
take(1)Theperson’spreviouschiefexecutivemaymakeadisciplinaryfindingabouttherelevantdisciplinarygroundeven
though the person is no longer employed—(a)forthechiefexecutiveofadepartment—asapublicservice employee
in the chief executive’s department; or(b)forthefireservicechiefexecutive—asafireserviceofficer.(2)The previous chief executive may not
take disciplinary actionabout the relevant disciplinary ground
other than to the extentprovided under section 18F(1).(3)Despite subsection (1) and without
limiting or being limitedby any other power of delegation under
any Act, the previouschief executive may delegate to the
employing chief executivetheauthorityundersubsection(1)tomakeadisciplinaryfinding about
the person.(4)The previous chief executive may give
to the employing chiefexecutiveanyinformationaboutapersonorarelevantdisciplinarygroundrelatingtothepersontohelptheCurrent as at 20 May 2013Page
21
Ambulance Service Act 1991Part 2 Queensland
Ambulance Service[s 18F]employing chief
executive to perform a function under section18F(1) or (2) in
relation to the person.18FAction employing
chief executive may take(1)If—(a)thepreviouschiefexecutivemakesadisciplinaryfinding about
the relevant disciplinary ground; and(b)thepreviouschiefexecutiveandtheemployingchiefexecutiveagreethatdisciplinaryactionagainsttheperson is reasonable in the
circumstances;theemployingchiefexecutivemaytakedisciplinaryactionagainstthepersonundersection18Basifadisciplinaryground under
section 18A exists.(2)If—(a)the
previous chief executive delegates to the employingchiefexecutivetheauthorityundersection18E(1)tomake a disciplinary finding about the
person; and(b)theemployingchiefexecutivemakesadisciplinaryfinding about
the person;theemployingchiefexecutivemaytakedisciplinaryactionagainst the person under section 18B without
the agreement ofthe previous chief executive.18GDeclaration if same chief executive is
the previous chiefexecutive and employing chief
executive(1)This section applies if, in relation
to a person who is a serviceofficer, the
chief executive is both the previous chief executiveand
employing chief executive under this subdivision.(2)This subdivision applies with
necessary changes to allow thechief executive
to take disciplinary action against the personas provided
under this subdivision.Page 22Current as at 20
May 2013
Subdivision 3Ambulance Service
Act 1991Part 2 Queensland Ambulance Service[s
18H]Disciplinary action against a formerservice officer18HApplication of sdiv 3(1)This
subdivision applies if—(a)adisciplinarygroundarisesinrelationtoaserviceofficer
(theformer service officer); and(b)afterthedisciplinarygroundarises,theofficer’semployment as a
service officer ends for any reason.(2)However,thissubdivisiondoesnotapplyinrelationtoaformer service officer if the chief
executive is aware—(a)the officer is a public service
employee in a departmentandtheofficer’schiefexecutiveunderthePublicService Act
2008has taken, is taking, or intends to
takedisciplinaryactionagainsttheofficerundersection188AB of that
Act; orNote—ThePublicServiceAct2008,section188ABprovidesforapublic service employee’s chief
executive to take disciplinaryactionunderthatActagainsttheemployeeinrelationtoadisciplinary ground that arose under
this Act while the employeewasaserviceofficer.ThesectionalsoempowersthechiefexecutiveunderthisActtodoparticularthingstofacilitatedisciplinary
action being taken under the section.(b)theofficerisa
fire service officer and the fire servicechief executive
has taken, is taking, or intends to takedisciplinary
action against the officer under theFire andRescue Service Act 1990, part 4,
division 3, subdivision2.Note—TheFireandRescueServiceAct1990,part4,division3,subdivision 2 provides for the fire
service chief executive to takedisciplinary
action under that Act against a fire service officer inrelation to a disciplinary ground that arose
under this Act whilethe fire service officer was a service
officer. The subdivision alsoempowers the
chief executive under this Act to do particularCurrent as at 20
May 2013Page 23
Ambulance Service Act 1991Part 2 Queensland
Ambulance Service[s 18I]thingstofacilitatedisciplinaryactionbeingtakenunderthesubdivision.18IAction chief executive may take(1)The chief executive may make a
disciplinary finding or take orcontinue to take
disciplinary action against the former serviceofficer in
relation to the disciplinary ground.(2)The
disciplinary finding or disciplinary action must be madeor
taken within a period of 2 years after the end of the
officer’sappointment.(3)However,subsection(2)doesnotstopdisciplinaryactionbeing taken following an appeal or
review.(4)Subsection (2) does not affect—(a)an investigation of a suspected
criminal offence; or(b)an investigation
of a matter for the purpose of notifyingtheCrimeandMisconductCommissionofsuspectedofficialmisconductundertheCrimeandMisconductAct 2001.(5)In disciplining the former service
officer, the chief executivemaymakeadisciplinarydeclarationandmaynottakeanyother disciplinary action.(6)The chief executive may only make a
disciplinary declarationif the disciplinary action that would
have been taken againstthe officer if the officer’s
employment had not ended wouldhave
been—(a)termination of employment; or(b)reduction of classification
level.(7)The making of the disciplinary
declaration does not affect theway in which the
officer’s employment ended, or any benefits,rights or
liabilities arising because the employment ended.(8)In this section—disciplinary
declarationmeans a declaration of—Page 24Current as at 20 May 2013
Ambulance Service Act 1991Part 2
Queensland Ambulance Service[s 18J](a)thedisciplinaryfindingagainsttheformerserviceofficer; and(b)thedisciplinaryactionthatwouldhavebeentakenagainst the
officer if the officer’s employment had notended.Subdivision 4Provisions about
information aboutdisciplinary action18JInformation about disciplinary action to be
given by chiefexecutive(1)This
section applies if—(a)thechiefexecutiveofadepartment(theotherchiefexecutive) asks the chief
executive under this Act (theambulanceservicechiefexecutive)fordisciplinaryinformation that
the ambulance service chief executivehas about a
person who is or was a service officer; and(b)theinformationisreasonablynecessaryfortheotherchief executive to make a decision
about—(i)anappointmentorcontinuedappointment,oremploymentorcontinuedemployment,oftheperson by the other chief executive;
or(ii)adisciplinaryfinding,disciplinaryactionordisciplinary declaration the other
chief executive isconsideringinrelationtothepersonunderarelevant Act.(2)Theambulanceservicechiefexecutivemustgivethedisciplinary information to the other
chief executive unless theambulance service chief executive is
reasonably satisfied thatgivingtheinformationmayprejudicetheinvestigationofasuspected contravention of the law in
a particular case.(3)In this section—disciplinary
information, in relation to a request made of
theambulanceservicechiefexecutiveaboutaperson,meansCurrent as at 20 May 2013Page
25
Ambulance Service Act 1991Part 2 Queensland
Ambulance Service[s 18K]informationaboutthefollowingmadeortakenagainstthepersonunderthisActbytheambulanceservicechiefexecutive or the commissioner—(a)a current investigation into whether
the person should bedisciplined;(b)a
finding that the person should be disciplined;(c)possible disciplinary action under
consideration;(d)disciplinary action, including a
disciplinary declaration.relevant Actmeans—(a)thePublic Service
Act 2008; or(b)theFire and Rescue Service Act
1990.thisActincludesadisciplinaryprovisionofacodeofpractice, including a code of practice
as in force from time totime before the commencement of this
section.18KInformation about disciplinary action
to be given to chiefexecutive(1)This
section applies if—(a)thechiefexecutive(theambulanceservicechiefexecutive)asksthechiefexecutiveofanotherdepartment
(theother chief executive) for
disciplinaryinformationthattheotherchiefexecutivehasaboutaperson who is or was—(i)a
public service employee; or(ii)a
fire service officer; and(b)theinformationisreasonablynecessaryfortheambulanceservicechiefexecutivetomakeadecisionabout—(i)theemploymentorcontinuedemploymentoftheperson under section 13; or(ii)adisciplinaryfinding,disciplinaryactionordisciplinarydeclarationtheambulanceservicePage
26Current as at 20 May 2013
Ambulance Service Act 1991Part 2
Queensland Ambulance Service[s 18L]chiefexecutiveisconsideringinrelationtotheperson under this Act.(2)Theotherchiefexecutivemustgivethedisciplinaryinformation to
the ambulance service chief executive unlessthe other chief
executive is reasonably satisfied that giving theinformationmayprejudicetheinvestigationofasuspectedcontravention of
the law in a particular case.(3)In
this section—disciplinary information, in relation to
a request made of theother chief executive about a person,
means information aboutthe following made or taken against
the person under a publicsector disciplinary law by the other
chief executive or anotherentity—(a)a
current investigation into whether the person should bedisciplined;(b)a
finding that the person should be disciplined;(c)possible disciplinary action under
consideration;(d)disciplinary action, including a
disciplinary declaration.18LUse of particular
information about disciplinary actionobtained by chief
executive in another capacity(1)This
section applies if—(a)underarelevantAct,thechiefexecutivehasorhasaccess to disciplinary information about a
person who isor was—(i)a
public service employee; or(ii)a
fire service officer; and(b)theinformationisreasonablynecessaryforthechiefexecutive to make a decision about—(i)theappointmentorcontinuedappointmentoftheperson under section 13; orCurrent as at 20 May 2013Page
27
Ambulance Service Act 1991Part 2 Queensland
Ambulance Service[s 18M](ii)adisciplinaryfinding,disciplinaryactionordisciplinarydeclarationthechiefexecutiveisconsidering in relation to the person
under this Act.(2)Despite any other Act or law, the
chief executive may use thedisciplinaryinformationforthepurposeofmakingthedecision mentioned in subsection
(1)(b).(3)In this section—disciplinaryinformationmeansinformationaboutthefollowingmadeortakenagainstthepersonunderapublicsector
disciplinary law—(a)a current investigation into whether
the person should bedisciplined;(b)a
finding that the person should be disciplined;(c)possible disciplinary action under
consideration;(d)disciplinary action, including a
disciplinary declaration.relevant Actmeans—(a)thePublic Service
Act 2008; or(b)theFire and Rescue Service Act
1990.Subdivision 5Other provisions
about disciplinaryaction etc.18MSuspension of service officer liable to
discipline(1)The chief executive may suspend a
service officer from dutyif the chief executive reasonably
believes the officer is liableto discipline
under this Act.(2)The chief executive may cancel the
suspension at any time.18NProcedure for
disciplinary action(1)Indiscipliningaserviceofficer
orformerserviceofficerorsuspending a service officer, the chief
executive must complyPage 28Current as at 20
May 2013
Ambulance Service Act 1991Part 2
Queensland Ambulance Service[s 18O]with
this Act, any relevant code of practice, and the principlesof
natural justice.(2)However, natural justice is not
required if the suspension is onnormal
remuneration.(3)In this section—formerserviceofficermeansapersonwhowasaserviceofficer.18OEffect of suspension from duty(1)This section applies to a service
officer suspended from dutyunderthissubdivisionunlessthechiefexecutivedecidesotherwise.(2)During the period of the suspension the
officer is entitled tonormal remuneration, less any amount
earned by the officerfromalternativeemploymentthattheofficerengagesinduring the period.(3)For
subsection (2), alternative employment does not includeemployment if—(a)the
officer was engaged in the employment at the time ofthe
suspension; and(b)theofficer’sengagingintheemploymentwasnotincontraventionofthisActoranobligationimposedonthe officer under a code of
conduct—(i)approved under thePublic Sector
Ethics Act 1994;or(ii)prescribedunderadirectiveofthecommissionchief executive
under thePublic Service Act 2008.(4)The deduction under subsection (2)
must not be more than theamount of the officer’s normal
remuneration during the periodof the
suspension.(5)The continuity of the officer’s
service as a service officer istaken not to
have been broken only because of the suspension.Current as at 20 May 2013Page
29
Ambulance Service Act 1991Part 2 Queensland
Ambulance Service[s 18P]18PAdditional procedures for suspension or
termination(1)Ifthechiefexecutivedecidestosuspendorterminatetheemployment of a service officer, the chief
executive must givethe officer notice of the suspension or
termination.(2)The notice must state—(a)for a suspension—(i)when
the suspension starts and ends; and(ii)the
remuneration to which the officer is entitled fortheperiodofthesuspension,underadecisionmentioned in
section 18O(1) or, if no decision hasbeenmadeundersection18O(1),undersection18O(2); and(iii)the
effect that alternative employment may, undersection 18O,
have on the entitlement; or(b)for
a termination—the day when it takes effect.Division 5Other matters about the service19Fund(1)The
Queensland Ambulance Service Fund is established.(2)TheFinancial
Accountability Act 2009applies to the fund.(3)Accounts for the fund must be kept as
part of the departmentalaccounts of the department.(4)Amountsreceivedforthefundmustbedepositedinadepartmentalfinancial-institutionaccountofthedepartmentbut may be
deposited in an account used for depositing otheramounts of the department.(5)Amounts received for the fund include
the following receivedby the service—(a)amounts received as charges for the use of
ambulanceservices;Page 30Current as at 20 May 2013
Ambulance Service Act 1991Part 2
Queensland Ambulance Service[s 22](b)amounts received by the department
from other sourcesfor the fund or amounts that must be paid
into the fund;(c)amountsreceivedforthedisposalofanassetthatthechiefexecutiveconsiderswaspurchasedsubstantiallywith amounts
paid from the fund or the previous fund;(d)interest from investment of the fund.(6)An amount is payable from the fund for
the purposes of thisAct.(7)In
this section—departmentalaccounts,ofthedepartment,meanstheaccounts of the department under
theFinancial AccountabilityAct 2009,
section 69.departmentalfinancial-institutionaccount,ofthedepartment, means an account of the
department kept undertheFinancial
Accountability Act 2009, section 83.otheramounts,ofthedepartment,meansamountsreceivedby
the department other than amounts received for the fund.previous fundmeans the
Ambulance Service Fund mentionedin theFinancial Administration and Audit Act
1977, schedule2, immediately
before the commencement of this section.22Delegations(1)The
chief executive may delegate the chief executive’s powersunderthisActtothecommissioneroranappropriatelyqualified
service officer.(2)The commissioner may delegate the
commissioner’s powersunder this Act to an appropriately
qualified service officer.(3)In subsections
(1) and (2)—appropriatelyqualifiedincludeshavingthequalifications,experience or
standing appropriate to exercise the power.Example of
standing—a person’s classification level in the
serviceCurrent as at 20 May 2013Page
31
Ambulance Service Act 1991Part 2 Queensland
Ambulance Service[s 23]23Requirement to report pool immersion
incident(1)Thissectionappliesiftheserviceisnotifiedofapoolimmersion
incident.(2)The chief executive must ensure that,
within 5 business daysafter notification of the pool
immersion incident, the servicegiveswrittennoticeoftheincidenttothechiefexecutive(health).(3)Thenoticemustincludethefollowinginformationtotheextent the service has it—(a)the name and date of birth of the
young child to whomthe pool immersion incident relates;(b)the date the pool immersion incident
happened;(c)the address of the child’s
parents;(d)theaddresswherethepoolimmersionincidenthappened.(4)In this section—chiefexecutive(health)meansthechiefexecutiveofthedepartmentinwhichtheHospitalandHealthBoardsAct2011is
administered.poolimmersionincidentmeansaneventinvolvingtheimmersion or partial immersion of a
young child under waterin a swimming pool, if because of the
immersion or partialimmersion—(a)the
child has died; or(b)thechildhasbeendeprivedofairandthehealthorwellbeing of the child has been adversely
affected.swimming poolmeans a swimming
pool as defined under theBuilding Act 1975, schedule
2.young childmeans an
individual who is under 5 years.Page 32Current as at 20 May 2013
Part
4Ambulance Service Act 1991Part 4
Local ambulance committees[s 26]Local ambulance
committeesDivision 1Establishment
and functions ofcommittees26Establishment of committees(1)TheMinistermayauthorisetheestablishmentoflocalambulance
committees.(2)A local ambulance committee is to be
called ‘(name of area)local ambulance committee’.(3)Aclaimorproceedingbyoragainstacommitteemaybemade and enforced by a proceeding by
or against a committeein the name of the committee.27Functions of committeesThe
functions of a committee are—(a)toliaisebetweenthecommunityitrepresentsandtheservice; and(b)to
promote community participation in and awareness ofambulance services; and(c)toprovideadvicetothecommissionerinrespectofambulance services in the community it
represents; and(d)toundertakefundraisingactivitiesforthebenefitofambulance services in the community it
represents; and(e)tomanagemoneyheldontrustforthebenefitofambulance services in the community it
represents; and(f)such other functions as the Minister
agrees to.Current as at 20 May 2013Page
33
Ambulance Service Act 1991Part 4 Local
ambulance committees[s 28]Division 2Conduct of business andmembership of
committees28Conduct of business(1)Subjecttoitsconstitution,acommitteemayconductitsbusiness,includingitsmeetings,inthewayitconsidersappropriate.(2)Any
matter not conducted by a committee in accordance withits
constitution or the Minister’s directions is invalid.29Members of committees(1)Adults who permanently reside or work
in the area served, orto be served, by a committee may, at a
general meeting calledfor the purpose, elect the committee’s
members.(2)A person who—(a)doesnotpermanentlyresideintheareaservedbyacommittee; or(b)is
not an adult; or(c)is a service officer; or(d)is an undischarged bankrupt or takes
advantage of thelaws in force for the time being relating to
bankruptcy;or(e)has been or is
convicted in Queensland of an indictableoffence or has
been or is convicted elsewhere in respectof an act or
omission that if done or made by that personinQueenslandwouldhaveconstitutedanindictableoffence;isnottobeelectedasortocontinuetobeamemberofacommittee.(2A)Also, a person is not eligible to be a
member of a committeewhile the person is a member of
another committee.(3)Each committee is to consist
of—Page 34Current as at 20
May 2013
Ambulance Service Act 1991Part 4
Local ambulance committees[s 29A](a)a
president; and(b)a vice-president; and(c)a secretary; and(d)a
treasurer;and not less than 1 and not more than 11
other members.(3A)Despite
subsection (3), a committee may consist of more than11othermembersiftheMinisterissatisfiedadditionalmembers are
required to ensure the community is adequatelyrepresented on
the committee.(4)Nominations for election to a
committee are to be sought, inthe way stated
in the committee’s constitution, from membersof the
public.(5)Theelectionofmembersistobeconductedinaccordancewith the
committee’s constitution.(6)Members of a
committee elected under this section hold officein
accordance with the committee’s constitution or for suchlongerperiodastheMinistermay,inaparticularcase,specify.(7)A
member of a committee must at all times act honestly in theexercise of the powers and the performance
of duties that heor she has as a member of a
committee.(8)Amemberofacommitteemustnotmakeimproperuseoftheirofficeorpositiontogain,directlyorindirectly,anadvantage for himself, herself or any other
person, or to causedetriment to the committee.(9)TheMinistermayremoveamemberofacommitteefromofficeiftheMinisterissatisfieditwouldbeinthepublicinterest to do so and has consulted the
committee about theremoval.29ADealing with vacancy in office of a
member(1)Thissectionappliesifavacancyarisesintheofficeofamember of a
committee (thefirst member).Current as at 20 May 2013Page
35
Ambulance Service Act 1991Part 4 Local
ambulance committees[s 30](2)Despitesection29(1),theremainingmembersofthecommitteemayappointapersonwhoiseligibletobeamemberofacommittee(areplacementmember)totheoffice.(3)Subjecttosection29(2),(2A)and(9)andsection35,areplacement
member holds office for the balance of the firstmember’s term of office.30Liability of members(1)A
member of a committee is liable to repay to the committeeany
money that member—(a)improperly used; or(b)spent without the authorisation of or
ratification by thecommittee.(2)Thecommitteemayrecoveranymoneyreferredtoinsubsection(1)byactioninanycourtofcompetentjurisdiction,
from the member who improperly used it or spentit without
authorisation or ratification.31Protection of members(1)Themembersofacommitteearenotpersonallyliabletocontribute toward the payment of debts
and liabilities of, orany judgment against, the
committee.(2)Subsection(1)doesnotapplyinrespectofapersonalguaranteegivenbyamemberofacommitteeinrespectofarrangements by a committee.Division 3Other matters
about committees31AMinister may approve or amend
constitution(1)The Minister may approve a
constitution for the conduct of acommittee’s
business.Page 36Current as at 20
May 2013
Ambulance Service Act 1991Part 4
Local ambulance committees[s 31B](2)Without limiting subsection (1), the
constitution may providefor the following—(a)the
election of committee members;(b)the
term of office of a committee member;(c)the
times and places of committee meetings;(d)the
quorum for meetings;(e)othermatterstheMinisterconsidersrelevanttotheconduct of a committee’s
business.(3)TheMinistermayamendtheconstitutionapprovedundersubsection
(1).(4)The constitution as approved and
amended from time to timeunder this section is the constitution
for each committee.31BCommissioner to give constitution to
committees(1)The commissioner must give a copy of
the constitution to eachcommitteeassoonaspracticableafteritisapprovedundersection
31A(1).(2)Also, if a committee is established
after the commencement ofthissection,thecommissionermustgiveacopyoftheconstitution to the committee as soon
as practicable after it isestablished.(3)IftheMinisteramendstheconstitution,thecommissionermust,assoonaspracticableafteritisamended,giveeachcommittee—(a)a
written notice stating the amendment; or(b)a
copy of the amended constitution.32Committees are statutory bodies(1)UndertheStatutoryBodiesFinancialArrangementsAct1982, a committee is
a statutory body.(2)TheStatutory Bodies
Financial Arrangements Act 1982, part2B
sets out the way in which a committee’s powers under thisCurrent as at 20 May 2013Page
37
Ambulance Service Act 1991Part 4 Local
ambulance committees[s 33]ActareaffectedbytheStatutoryBodiesFinancialArrangements Act
1982.33Application of
lawsTheCollectionsAct1966does not apply
to the fundraisingactivities of or the collecting of donations
by a committee.34Investigations(1)TheMinistermayatanytimecauseaninvestigationtobemadeintoanycommittee,includingtheexercisebythatcommittee of its
functions and the application of its funds.(2)The
Minister may appoint a person to make the investigationon
his or her behalf.(3)Officersofthecommitteearetoproducetothepersonconducting the
investigation all documents of the committeerequested by the
person conducting the investigation.(4)At
the conclusion of an investigation the person conductingthe
investigation is to make a written report to the Minister.35Dissolution of committeesThe
Minister may dissolve a committee if—(a)the
committee has voted that it should be dissolved andhas
requested the Minister to dissolve it; or(b)intheopinionoftheMinister,ithasexhibitedgrossneglect of its
functions, finances or administration; or(c)theMinisterissatisfieditwouldbedesirableinthepublic interest to do so.36Effect of dissolutionIf a
committee is dissolved under section 35, the funds of thecommitteevestintheStateontrustforthecommunityrepresented by
the committee.Page 38Current as at 20
May 2013
Part
4AAmbulance Service Act 1991Part
4A Root cause analyses[s 36A]Root cause
analysesDivision 1Preliminary36ADefinitions for pt 4AIn this
part—chain of events documentsee section
36G(2).commissioning authoritysee section
36E.coronersee theCoroners Act 2003, schedule
2.noticemeans written
notice.RCA reportsee section
36G(1).RCA teammeans a group of
persons appointed under section36E.relevant person—(a)forthecommissioningauthority,meansapersonwhoprovidesadministrativeorsecretarialservicestotheauthority to
help it exercise its powers under this part; or(b)for
an RCA team, means a person—(i)who
provides administrative or secretarial servicesto the RCA team;
or(ii)who advises the
RCA team about—(A)conducting an RCA of a reportable
event; or(B)preparing an RCA report or chain of
eventsdocument for a reportable event.reportable event—(a)generally, means any of the following
events that happenwhileanambulanceserviceisbeingprovidedtoaperson—(i)thedeathoftheperson,orpermanentinjurysuffered by the person, while giving
birth;Current as at 20 May 2013Page
39
Ambulance Service Act 1991Part 4A Root cause
analyses[s 36B](ii)thedeathofthepersoncausedbytheincorrectmanagement of the person’s
medication;(iii)thedeathoftheperson,orneurologicaldamagesuffered by the person, caused by an
intravasculargas embolism;(iv)thedeathoftheperson,orpermanentlossoffunctionsufferedbytheperson,unrelatedtothenaturalcourseoftheperson’smedicalconditionfor
which he or she was receiving the ambulanceservice;(v)thedeathoftheperson,orpermanentinjurysufferedbytheperson,contributedtobyanunreasonabledelayintheprovisionoftheambulance
service or a failure to meet recognisedstandards for
providing the ambulance service;(vi)thewrongprocedurebeingperformedonthepersonoraprocedurebeingperformedonthewrong part of
the person’s body; or(b)inrelationtoanRCAreportorchainofeventsdocument,meansthereportableeventtowhichthereport or document relates.36BMeaning ofrootcauseanalysis(1)Root cause analysisorRCA, of a
reportable event, means asystematic process of analysis under
which—(a)factorsthatcontributedtothehappeningoftheeventmay be
identified; and(b)remedial measures that could be
implemented to preventa recurrence of a similar event may be
identified.(2)However, aroot cause
analysisorRCAof a reportable
eventdoes not include—(a)investigating the professional competence of
a person inrelation to the event; orPage
40Current as at 20 May 2013
Ambulance Service Act 1991Part
4A Root cause analyses[s 36C](b)findingoutwhoistoblameforthehappeningoftheevent.36CPurpose of pt 4AThe purpose of
this part is to facilitate the use of root causeanalyses by the Queensland Ambulance Service
as a qualityimprovementtechniquetoassessandrespondtoreportableeventsthathappenwhileambulanceservicesarebeingprovided.36DGuiding principles for conduct of RCA
of reportableeventThe principles
intended to guide the conduct of an RCA of areportable event
are the following—(a)reportingandacknowledgingerrorshappeningwhileambulance services are being provided are
encouragedif people do not fear blame or
reprisal;(b)people involved in providing ambulance
services shouldbe accountable for their actions;(c)thefocusoftheRCAshouldbeonidentifyingandimproving the policies, procedures or
practices relatingtotheprovisionoftheambulanceservicethatcontributed to the happening of the event,
rather than onthe conduct of individuals;(d)participation in the RCA should be
voluntary;(e)thebenefitsofconductingtheRCAwillbemaximised—(i)in
an environment oriented towards learning fromanalysing the
event; and(ii)if the RCA is
conducted in a timely way;(f)teamwork,goodcommunicationandsharingofinformation by people involved in providing
ambulanceservices should be fostered.Current as at 20 May 2013Page
41
Ambulance Service Act 1991Part 4A Root cause
analyses[s 36E]Division 2RCA
teams36EAppointment of RCA teamThecommissioner(thecommissioningauthority)mayappoint persons
to be members of an RCA team to conduct anRCA of a
reportable event.36FRequirements for appointment(1)Before appointing persons to be
members of an RCA team toconductanRCAofareportableevent,thecommissioningauthority must
be satisfied that—(a)the persons—(i)havetheappropriateskills,knowledgeandexperience to conduct an RCA of the event,
havingregard to the nature of the event;
and(ii)werenotdirectlyinvolvedinprovidingtheambulanceserviceduringtheprovisionofwhichthe event
happened; and(b)the conduct by the proposed RCA team
of an RCA oftheeventwouldbeassistedbytheprovisionofimmunitiesandprotectionsprovidedtopersonsunderdivisions 5 and 6; and(c)the
potential benefit in disclosing relevant information isoutweighedbythepotentialbenefitofrestrictingdisclosure of
the information under division 5.(2)In
this section—relevantinformationmeansinformationthatwillbecompiledbytheproposedRCAteamintheconductofanRCA of the reportable event.Page
42Current as at 20 May 2013
Division 3ReportingAmbulance Service Act 1991Part
4A Root cause analyses[s 36G]36GRCA
team’s report and chain of events document(1)An
RCA team must, as soon as practicable after conductinganRCAofareportableevent,prepareareport(theRCAreport) stating the
following—(a)a description of the event;(b)astatementofthefactorstheRCAteamconsiderscontributed to
the happening of the event;(c)anyrecommendationsaboutchangesorimprovementsinapolicy,procedureorpracticerelatingtotheprovisionofambulanceservices,toreducethelikelihoodof,orprevent,thesametypeofeventhappeningagainduringtheprovisionofambulanceservices.(2)In addition to the RCA report, the RCA
team may prepare adocument(thechainofeventsdocument)thatdetails,orpictoriallyrepresents,thechainofeventsidentifiedbytheRCA team as having led to the
happening of the reportableevent.(3)The RCA report or chain of events
document must not containthe name or address of—(a)a person involved in providing the
relevant ambulanceservice; or(b)the
person who received the relevant ambulance service;or(c)a member of the
RCA team.(4)In this section—relevantambulanceservicemeanstheambulanceserviceduring the provision of which the reportable
event happened.Current as at 20 May 2013Page
43
Ambulance Service Act 1991Part 4A Root cause
analyses[s 36H]36HReporting to commissioning authority(1)The RCA team must, as soon as
practicable after preparingtheRCAreport,givethereporttothecommissioningauthority.(2)If
the RCA team prepares a chain of events document for thereportable event, it must at the time of
giving the RCA reportundersubsection(1)alsogivethedocumenttothecommissioning authority.Division 4Stopping conduct
of RCA ofreportable event36IDefinition for div 4In this
division—blameworthy actmeans any of the
following—(a)an intentionally unsafe act;(b)deliberateabuseofapersonreceivinganambulanceservice;(c)conduct that constitutes a criminal
offence.36JStopping conduct of RCA of reportable
event—RCA team(1)Thissectionappliesif,whileconductinganRCAofareportableevent,theRCAteamconductingtheRCAreasonably believes—(a)the event involves a blameworthy act;
or(b)the capacity of a person who was
directly involved inproviding the relevant ambulance
service to safely andeffectively provide the service was
impaired by alcoholconsumed, or a drug taken, by the
person.(2)The RCA team must—(a)stop
conducting the RCA; andPage 44Current as at 20
May 2013
Ambulance Service Act 1991Part
4A Root cause analyses[s 36K](b)give
notice to the commissioning authority that the RCAteam
has stopped conducting the RCA.(3)For
subsection (2)(b), the notice—(a)must
be in the form approved by the chief executive; and(b)must not contain any information about
why the RCAteam stopped conducting the RCA.(4)In this section—relevantambulanceservicemeanstheambulanceserviceduring the provision of which the reportable
event happened.36KStopping conduct of RCA of
reportableevent—commissioning authority(1)This section applies if—(a)thecommissioningauthorityhasappointedpersonstobe members of an RCA team to conduct
an RCA of areportable event; and(b)the
commissioning authority—(i)receives
information that leads the commissioningauthority to
reasonably believe—(A)the event involves a blameworthy act;
or(B)thecapacityofapersonwhowasdirectlyinvolved in providing the relevant
ambulanceservice to safely and effectively provide
theservice was impaired by alcohol
consumed,or a drug taken, by the person; or(ii)becomes aware
that a relevant entity has started aninvestigation or
assessment of, or enquiry into, theevent; or(iii)later comes to
the view that the event the basis ofthe appointment
is not a reportable event.(2)Ifsubsection(1)(b)(i)or(iii)applies,thecommissioningauthority must,
by notice given to the RCA team, direct it tostop conducting
the RCA.Current as at 20 May 2013Page
45
Ambulance Service Act 1991Part 4A Root cause
analyses[s 36L](3)Ifsubsection(1)(b)(ii)applies,the
commissioningauthoritymay,bynoticegiventotheRCAteam,directittostopconducting the RCA.(4)For
subsection (2) or (3), the notice given to the RCA teammust
be in the form approved by the chief executive.(5)Beforeactingundersubsection(3),thecommissioningauthority may
consult with any relevant entity.(6)In
this section—relevantambulanceservicemeanstheambulanceserviceduring the provision of which the reportable
event happened.relevant entitymeans—(a)the Health Quality and Complaints
Commission; or(b)a coroner; or(c)aboardundertheHealthPractitionerRegulationNational Law;
or(d)the commissioner of the police
service; or(e)anotherentitythathasthepowerunderanActoftheState, the Commonwealth or another
State to investigatethe event.Division 5Disclosure or release of information36LDefinitions for div 5In
this division—excludednotifiableconduct,foraregisteredhealthpractitioner, means the practitioner
has—(a)practised the practitioner’s
profession while intoxicatedby alcohol or
drugs; or(b)practisedthepractitioner’sprofessioninawaythatconstitutesasignificantdeparturefromacceptedprofessional standards but not in a way that
placed thepublic at risk of substantial harm;
orPage 46Current as at 20
May 2013
Ambulance Service Act 1991Part
4A Root cause analyses[s 36M](c)engagedinsexualmisconductinconnectionwiththepractice of the practitioner’s
profession.impairmentseetheHealthPractitionerRegulationNationalLaw
(Queensland), section 5.informationincludes a
document.medical directormeans the
Queensland Ambulance Serviceofficer with the
title ‘medical director’ or, if from time to timethe
title is changed, the changed title.NationalAgencyseetheHealthPractitionerRegulationNational Law
(Queensland), section 5.publicrisknotifiableconduct,foraregisteredhealthpractitioner, means the practitioner
has—(a)placedthepublicatriskofsubstantialharminthepractitioner’spracticeoftheprofessionbecausethepractitioner has an impairment;
or(b)placed the public at risk of
substantial harm because thepractitionerhaspractisedtheprofessioninawaythatconstitutesasignificantdeparturefromacceptedprofessional standards.registered
health practitionermeans an individual who—(a)isregisteredundertheHealthPractitionerRegulationNational Law to
practise a health profession, other thanas a student;
or(b)holdsnon-practisingregistrationundertheHealthPractitionerRegulationNationalLawinahealthprofession.36MDisclosure of information—RCA team member or
relevantperson(1)A
person who is or was a member of an RCA team must notdisclose to someone else information
acquired by the personas a member of the RCA team, other
than for the purpose (anauthorised purpose) of—Current as at 20 May 2013Page
47
Ambulance Service Act 1991Part 4A Root cause
analyses[s 36M](a)the
RCA team conducting an RCA of a reportable event;or(b)theRCAteampreparinganRCAreportorchainofevents document; or(c)the
RCA team giving the commissioning authority—(i)an
RCA report or chain of events document undersection 36H;
or(ii)a notice under
section 36J; or(d)ifthepersonisaregisteredhealthpractitioner—notifyingtheNationalAgencyaboutinformationinrelationtoareasonablebeliefofthepersonthatanotherregisteredhealthpractitionerhasbehaved in a way that constitutes public
risk notifiableconduct.Maximum
penalty—50 penalty units.(2)Also, a person
who is or was a relevant person for an RCAteam must not
disclose to someone else information acquiredby the person as
a relevant person for the RCA team, otherthan for an
authorised purpose.Maximum penalty—50 penalty units.(3)If information that may be disclosed
under subsection (1) or(2) for an authorised purpose is
information to which section49(1) applies,
the information is for the purposes of section49(2)(a)
information that is expressly authorised or permittedto
be given under this Act.(4)In this
section—informationincludes—(a)the identity of a member of the RCA
team; and(b)informationfromwhichamemberoftheRCAteamcould be identified.Page 48Current as at 20 May 2013
Ambulance Service Act 1991Part
4A Root cause analyses[s 36N]36NDisclosure of information—commissioning
authority orrelevant person(1)A
person who is or was the commissioning authority must notdisclosetosomeoneelseinformationcontainedinanRCAreport or chain of events document, or give
someone else acopy of an RCA report or chain of events
document, receivedby the person under section 36H, other
than—(a)as required or permitted under
sections 36O to 36S; or(b)as permitted
under subsection (2).Maximum penalty—50 penalty
units.(2)The commissioning authority may give a
safety and qualityreport prepared by the commissioning
authority to an entitywith responsibilities for the
management of safety initiativesand programs for
the Queensland Ambulance Service.(3)Also,apersonwhoisorwasthecommissioningauthoritymust
not disclose to someone else—(a)the
identity of a member of an RCA team; or(b)informationfromwhichamemberoftheRCAteamcould be identified.Maximum
penalty—50 penalty units.(4)Subsections(1)and(3)donotapplytothedisclosureofinformation by the commissioning authority
that is necessaryorincidentaltotheexercisebytheauthorityofitspowersunder this
part.(5)Also,apersonwhoisorwasarelevantpersonforthecommissioningauthoritymustnotdisclosetosomeoneelseinformation acquired by the person as a
relevant person for theauthority.Maximum
penalty—50 penalty units.(6)Subsection (5)
does not apply to the disclosure of informationby a relevant
person for the commissioning authority for thepurpose of
helping the authority exercise its powers under thispart.Current as at 20
May 2013Page 49
Ambulance Service Act 1991Part 4A Root cause
analyses[s 36NA](7)Ifinformationthatmaybedisclosedunderthissectionisinformation to which section 49(1) applies,
the information isforthepurposesofsection49(2)(a)informationthatisexpressly authorised or permitted to
be given under this Act.(8)This section
does not authorise the attachment of a copy of anRCAreportorchainofeventsdocumenttoasafetyandquality report.(9)In
this section—safety and quality reportmeans a report about the safety andqualityoftheambulanceservicetowhichanRCAreportrelatesthatisbasedoninformationcontainedintheRCAreport.36NAInformation about excluded notifiable
conduct(1)This section applies for the purpose
of the Health PractitionerRegulation National Law (Queensland),
section 141(4)(d).(2)An RCA team is an approved body under
this Act.(3)Subsection (4) applies if—(a)a person is or was a member of an RCA
team; and(b)the person is a registered health
practitioner; and(c)thepersonformsareasonablebeliefthatanotherregistered health practitioner has behaved
in a way thatconstitutes excluded notifiable conduct;
and(d)theinformationthatformsthebasisofthereasonablebeliefwasacquiredwhilethepersonwasexercisingfunctions as a
member of the RCA team.(4)The person must
not disclose the information that forms thebasis of the
reasonable belief.Page 50Current as at 20
May 2013
Ambulance Service Act 1991Part
4A Root cause analyses[s 36O]36ORelease of information to Health Quality and
ComplaintsCommissionThecommissioningauthoritymust,assoonaspracticableafterreceivinganRCAreportundersection36H,givetheHealth Quality and Complaints
Commission—(a)a copy of the report; and(b)details of the place where the
reportable event happened.36PGiving of copy of
RCA report or chain of eventsdocument—medical
director(1)The commissioning authority may give a
copy of each RCAreport or chain of events document received
by the authorityunder section 36H to the medical director
for an authorisedpurpose.(2)At
the time of giving a copy of an RCA report or chain ofevents document to the medical director
under section 36H,thecommissioningauthoritymustalsogivethemedicaldirector—(a)details of the reportable event;
and(b)details of the place where the event
happened.(3)The medical director—(a)mustnotgiveacopyofthereportordocumenttoanyone else, other than a person who
performs functionsrelatingtotheauthorisedpurposeforthemedicaldirector; and(b)must
not disclose any information contained in the copyof
the report or document, or information mentioned insubsection(2),toanyoneelseotherthanfortheauthorised
purpose for which the copy of the report ordocument was
given; and(c)must not use the copy of the report or
document, and theinformation mentioned in subsection (2),
other than forthe authorised purpose for which the copy of
the reportor document was given.Current as at 20
May 2013Page 51
Ambulance Service Act 1991Part 4A Root cause
analyses[s 36Q]Maximum
penalty—50 penalty units.(4)Apersonwhoperformsfunctionsrelatingtotheauthorisedpurpose for the
medical director—(a)mustnotgiveacopyofthereportordocumenttoanyone else; and(b)must
not disclose any information contained in the copyof
the report or document, or information mentioned insubsection(2),toanyoneelseotherthanfortheauthorised
purpose for which the copy of the report ordocument was
given; and(c)must not use the copy of the report or
document, and theinformation mentioned in subsection (2),
other than forthe authorised purpose for which the copy of
the reportor document was given.Maximum
penalty—50 penalty units.(5)An authorised
purpose mentioned in subsection (3)(b) or (c)or subsection
(4)(b) or (c) does not include the disclosure ofinformation contained in the copy of the RCA
report or chainof events document, or information mentioned
in subsection(2), that may lead to the identification
of—(a)a person involved in providing the
relevant ambulanceservice; or(b)the
person who received the relevant ambulance service.(6)In this section—authorised
purposemeans a purpose relating to the
planning,implementation,managementandevaluationofsafetyinitiativesandprogramsfortheQueenslandAmbulanceService.relevantambulanceservicemeanstheambulanceserviceduring the provision of which the reportable
event happened.36QGiving of copy of RCA report
etc.—investigation underthe Coroners Act 2003(1)This section applies if—Page
52Current as at 20 May 2013
Ambulance Service Act 1991Part
4A Root cause analyses[s 36Q](a)a
coroner is investigating the death of a person; and(b)the death is a reportable event that
happened while anambulance service was being provided to the
person.(2)This section also applies if—(a)a coroner is investigating the death
of a person; and(b)thecoronerconsidersthatareportableeventthathappenedwhileanambulanceservicewasbeingprovidedtothepersonmayberelevanttotheinvestigation;
and(c)the event is not the death.(3)Ifthecoroner,orapoliceofficerhelpingthecoronertoinvestigatethedeath,asksthecommissioningauthoritywhether an RCA team has conducted or is
conducting an RCAofthereportableevent,thecommissioningauthoritymustrespond to the
query as soon as practicable.Maximum
penalty—50 penalty units.(4)Subsection (5)
applies if—(a)an RCA of the reportable event has
been conducted byan RCA team; and(b)an
RCA report relating to the event has been given undersection 36H to the commissioning authority;
and(c)thecommissioningauthorityhasundersubsection(3)receivedaqueryfromthecoronerorapoliceofficerhelping the coroner to investigate the
death.(5)The commissioning authority
must—(a)ifthecommissioningauthorityreceivedthereportbefore receiving
the query under subsection (3)—give acopyofthereporttothecoronerorpoliceofficerassoon as practicable after receiving
the query; or(b)ifthecommissioningauthorityhadnotreceivedthereportbeforereceivingthequeryundersubsection(3)—give a copy
of the report to the coroner or policeofficer as soon
as practicable after receiving the report.Current as at 20
May 2013Page 53
Ambulance Service Act 1991Part 4A Root cause
analyses[s 36R]Maximum
penalty—50 penalty units.(6)Subsection (7)
applies if—(a)an RCA has been started by an RCA team
in relation tothe reportable event; and(b)the RCA team has, undersection36J(2)or36K(2)or(3),
stopped conducting the RCA; and(c)thecommissioningauthorityhasundersubsection(3)receivedaqueryfromthecoronerorapoliceofficerhelping the coroner to investigate the
death.(7)The commissioning authority
must—(a)if the RCA team stopped conducting the
RCA before thecommissioningauthorityreceivedthequeryundersubsection (3)—give the coroner or police
officer a stopnotice as soon as practicable after
receiving the query;or(b)otherwise—givethecoronerorpoliceofficerastopnotice as soon
as practicable.(8)In this section—stop
noticemeans a notice stating—(a)iftheRCAteamstoppedconductingtheRCAundersection
36J(2)—that fact; or(b)if the RCA team
stopped conducting the RCA becauseofadirectiongivenbythecommissioningauthorityunder section 36K(2) or (3)—(i)that fact; and(ii)the
reasons for giving the direction.36RGiving of information to Minister or chief
executive(1)The Minister or chief executive may,
in relation to an RCA ofa reportable event, ask the
commissioning authority—(a)whetheranRCAreporthasbeenreceivedbytheauthority under
section 36H; andPage 54Current as at 20
May 2013
Ambulance Service Act 1991Part
4A Root cause analyses[s 36S](b)ifanRCAreporthasbeenreceivedbytheauthorityunder section 36H—for a copy of the
report.(2)Theauthoritymustcomplywiththerequestassoonaspracticable.36SGiving of copy of, or information contained
in, RCAreport—person who has sufficient personal
orprofessional interestThecommissioningauthoritymaygiveacopyofanRCAreportreceivedbytheauthorityundersection36H,orinformationcontainedinthereport,toapersonwhotheauthorityreasonablybelieveshasasufficientpersonalorprofessional interest in the
reportable event.36TInformation not to be given in
evidence(1)A stated person is neither competent
nor compellable—(a)toproduceinaproceeding,orincompliancewitharequirementunderanActorlegalprocess,anydocumentintheperson’spossessionorundertheperson’s control created—(i)by, or at the request of, a person
under this part; or(ii)solely for the
conduct of an RCA of a reportableevent; or(b)todivulgeorcommunicateinaproceeding,orincompliancewitharequirementunderanActorlegalprocess,
information that came to the person’s notice asa stated
person.Example—Undersubsection(1),astatedpersonisneithercompetentnorcompellable to produce a document or
give information mentioned inparagraph (a) or
(b) of the subsection to an authorised person under anoticegiventothestatedpersonundertheHealthQualityandComplaints Commission Act 2006,
section 123.Current as at 20 May 2013Page
55
Ambulance Service Act 1991Part 4A Root cause
analyses[s 36U](2)Subsection(1)doesnotapplytoarequirementmadeinproceedings for an alleged offence
against this part or section49 by the stated
person.(3)In this section—informationincludes—(a)the identity of a member of an RCA
team; and(b)informationfromwhichamemberofanRCAteamcould be identified.statedpersonmeansapersonwhoisorwasanyofthefollowing—(a)a
member of an RCA team;(b)the
commissioning authority;(c)arelevantpersonforanRCAteamorthecommissioning authority;(d)apersonwhoperformsfunctionsforthemedicaldirector.36UInformation provider can not be compelled to
giveparticular information in evidenceA
person can not be compelled to divulge or communicate ina
proceeding, or in compliance with a requirement under anAct
or legal process, any of the following information—(a)whether or not the person gave
information to an RCAteam for its conduct of an RCA of a
reportable event;(b)what information the person gave to an
RCA team for itsconduct of an RCA of a reportable
event;(c)information given by the person to an
RCA team thatwas created by the person or another person
solely forits conduct of an RCA of a reportable
event;(d)informationthepersonwasgiven,orquestionstheperson was asked, by an RCA team during its
conduct ofan RCA of a reportable event.Page
56Current as at 20 May 2013
Division 6ProtectionsAmbulance Service
Act 1991Part 4A Root cause analyses[s
36V]36VProtection from liability(1)ApersonwhoisorwasamemberofanRCAteam,orrelevant person for an RCA team, is not
civilly liable for anact done, or omission made, honestly
and without negligenceunder this part.(2)Withoutlimitingsubsection(1),iftheactoromissioninvolves giving
information—(a)in a proceeding for defamation, the
person has a defenceof absolute privilege for publishing
the information; and(b)if the person
would otherwise be required to maintainconfidentialityabouttheinformationgivenunderanAct,
oath, or rule of law or practice, the person—(i)does
not contravene the Act, oath, or rule of law orpractice by
giving the information; and(ii)isnotliabletodisciplinaryactionforgivingtheinformation.(3)IfapersonwhoisorwasamemberofanRCAteam,orrelevant person for an RCA team, incurs
costs in defendingproceedings relating to a liability against
which the person isprotected under this section, the person
must be indemnifiedby the State.36WGiving of information protected(1)Thissectionappliestoapersonwhohonestlyandonreasonable grounds gives information
to an RCA team, or arelevant person for an RCA team, for
the RCA team’s conductof an RCA of a reportable
event.Examples of persons who may give information
under subsection (1)—•the commissioning
authority•a relevant person for the
commissioning authorityCurrent as at 20 May 2013Page
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Ambulance Service Act 1991Part 4A Root cause
analyses[s 36X](2)Thepersonisnotsubjecttoanyliabilityforgivingtheinformation and no action, claim or demand
may be taken ormade of or against the person for giving the
information.(3)Also,merelybecausethepersongivestheinformation,theperson can not be held to have—(a)breached any code of professional
etiquette or ethics; or(b)departedfromacceptedstandardsofprofessionalconduct.(4)Without limiting subsections (2) and
(3)—(a)in a proceeding for defamation, the
person has a defenceof absolute privilege for publishing
the information; and(b)if the person
would otherwise be required to maintainconfidentiality
about the information under an Act, oath,or rule of law
or practice, the person—(i)does not
contravene the Act, oath, or rule of law orpractice by
giving the information; and(ii)isnotliabletodisciplinaryactionforgivingtheinformation.36XReprisal and grounds for reprisals(1)Apersonmustnotcause,orattemptorconspiretocause,detrimenttoanotherpersonbecause,orinthebeliefthat,anybody has
provided, or may provide, assistance to an RCAteam in its
conduct of an RCA of a reportable event.(2)An
attempt to cause detriment includes an attempt to induce aperson to cause detriment.(3)A contravention of subsection (1) is a
reprisal or the taking ofa reprisal.(4)Agroundmentionedinsubsection(1)asthegroundforareprisal is the
unlawful ground for the reprisal.(5)For
the contravention to happen, it is sufficient if the
unlawfulground is a substantial ground for the act
or omission that isPage 58Current as at 20
May 2013
Ambulance Service Act 1991Part
4A Root cause analyses[s 36Y]thereprisal,evenifthereisanothergroundfortheactoromission.36YOffence for taking reprisal(1)A person who takes a reprisal commits
an offence.Maximumpenalty—167penaltyunitsor2yearsimprisonment.(2)The
offence is a misdemeanour.36ZDamages
entitlement for reprisal(1)A reprisal is a
tort and a person who takes a reprisal is liable indamages to any person who suffers detriment
as a result.(2)Any appropriate remedy that may be
granted by a court for atort may be granted by a court for the
taking of a reprisal.(3)If the claim for
damages goes to trial in the Supreme Court ortheDistrictCourt,itmustbedecidedbyajudgesittingwithout a jury.Division 7Miscellaneous36ZAApplication of provisions of this
partIf the commissioning authority acts or
purports to act undersection 36E and it transpires the
event the basis of the action isnot a reportable
event, the provisions of this part apply as ifthe event were a
reportable event.36ZBRCA report not admissible in
evidence(1)AnRCAreportisnotadmissibleinevidenceinanyproceedings, including, for
example—(a)a civil proceeding; or(b)a criminal proceeding; orCurrent as at 20 May 2013Page
59
Ambulance Service Act 1991Part 5
Administration and powers[s 36ZC](c)a
disciplinary proceeding under theHealth
Practitioners(DisciplinaryProceedings)Act1999ortheHealthPractitioner
Regulation National Law.(2)However, a copy
of an RCA report given to a coroner undersection 36Q may
be admitted in evidence by a coroner in aninquestundertheCoronersAct2003intothedeathofaperson—(a)if
section 36Q(1) applies—if the reportable event is thedeath; or(b)ifsection36Q(2)applies—ifthereportableeventhappenedwhileanambulanceservicewasbeingprovided to the
person.(3)Subsection (1) applies subject to
section 36T(2).36ZCReview of pt 4A(1)TheMinistermust,beforethesecondanniversaryofthecommencement of section 36E, start a
review of this part toensure it is adequately meeting
community expectations andits provisions remain
appropriate.(2)The Minister must, as soon as
practicable after the review isfinished, cause
a report of the outcome of the review to be laidbefore the Legislative Assembly.Part
5Administration and powers37Authorised officersThe
commissioner may authorise a service officer, or serviceofficers of a class of service officers, to
exercise—(a)allthepowersconferredbythisActonanauthorisedofficer;
orPage 60Current as at 20
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Administration and powers[s 38](b)any
power or class of power conferred by this Act on anauthorised officer.38Powers of authorised officers(1)An authorised officer, in providing
ambulance services, maytake any reasonable measures—(a)to protect persons from any danger or
potential dangerassociated with an emergency situation;
and(b)to protect persons trapped in a
vehicle, receptacle, vesselor otherwise
endangered; and(c)to protect themselves or other
officers or persons fromdanger, potential danger or assault
from other persons.(2)Without limiting the measures that may
be taken for a purposespecifiedinsubsection(1)(a)or(b),anauthorisedofficermay,
for that purpose—(a)enter any premises, vehicle or vessel;
and(b)open any receptacle, using such force
as is reasonablynecessary; and(c)bring any apparatus or equipment onto
premises; and(d)removefromorotherwisedealwith,anyarticleormaterial in the area; and(e)destroy(whollyorpartially)ordamageanypremises,vehicle, vessel
or receptacle; and(f)cause the gas or electricity supply or
motor or any othersourceofenergytoanypremises,vehicle,vesselorreceptacle to be shut off or disconnected;
and(g)requestanypersontotakeallreasonablemeasurestoassist the authorised officer;
and(h)administersuchbasiclifesupportandadvancedlifesupportproceduresasareconsistentwiththetrainingand
qualifications of the authorised officer.(3)Without limiting the measures that may be
taken for a purposespecified in subsection (1)(c), an
authorised officer may, forCurrent as at 20 May 2013Page
61
Ambulance Service Act 1991Part 5
Administration and powers[s 39]that purpose,
require any person not to enter into or remainwithinaspecifiedareaaroundthesiteofthedangertoapatient.39Protection from certain liability(1)TheStateistoindemnifyeveryserviceofficeragainstallactions, proceedings and claims in
relation to—(a)acts done, or omitted to be done, by
the officer undersection 38; or(b)acts
done, or omitted to be done, by the officer in goodfaith for the purposes of section 38.(2)For the purposes of subsection (1), a
service officer includes aperson required under section 38(2)(g)
to assist an authorisedofficer.40Power
to accept gifts etc.(1)The State and
each committee may acquire, for any purposeconnected
with—(a)the provision of ambulance services;
or(b)any of its functions;any
property by gift, devise or bequest and may agree to carryout
the conditions of the gift, devise or bequest.(2)If
the gift, devise or bequest is of property other than moneyand
is given or made to a committee, the property vests in theState on trust for the committee.41Codes of practice(1)Thecommissionermayissuecodesofpractice,notinconsistent with this Act, relating
to—(a)thefunctions,powers,conduct,disciplineandappearance of service officers; andPage
62Current as at 20 May 2013
Ambulance Service Act 1991Part
5A Investigation officers[s 41A](b)theperformanceofdutiesandthetrainingofserviceofficers;
and(c)any functions imposed or powers
conferred by this Act.(2)The commissioner
may amend or revoke a code of practice.(3)Wilful failure to comply with a code of
practice is grounds fordisciplinary action.Part
5AInvestigation officersDivision 1Investigation officers41AAppointment(1)The
commissioner may appoint any of the following personsas
an investigation officer—(a)a public service
employee;(b)a service officer;(c)a
person prescribed under a regulation.(2)However,thecommissionermayappointapersonasaninvestigation officer only if the
commissioner is satisfied theperson is
qualified for appointment because the person has thenecessary expertise or experience.41BAppointment conditions and limit on
powers(1)An investigation officer holds office
on any conditions statedin—(a)the
officer’s instrument of appointment; or(b)a
signed notice given to the officer; or(c)a
regulation.Current as at 20 May 2013Page
63
Ambulance Service Act 1991Part 5A
Investigation officers[s 41C](2)The
instrument of appointment, a signed notice given to theinvestigationofficeroraregulationmaylimittheofficer’spowers under
this Act.(3)In this section—signed
noticemeans a notice signed by the
commissioner.41CWhen investigation officer ceases to
hold office(1)Aninvestigationofficerceasestoholdofficeifanyofthefollowing happens—(a)the
term of office stated in a condition of office ends;(b)under another condition of office, the
officer ceases tohold office.(2)Subsection (1) does not limit the ways an
investigation officermay cease to hold office.(3)In this section—conditionofofficemeansaconditiononwhichtheinvestigation officer holds office.41DFunctions of investigation
officersAninvestigationofficerhasthefunctionofinvestigatingoffences against
sections 44 to 45C and 47.41EIssue of identity
card(1)Thecommissionermustissueanidentitycardtoeachinvestigation
officer.(2)The identity card must—(a)contain a recent photo of the
investigation officer; and(b)containacopyoftheinvestigationofficer’ssignature;and(c)identify the person as an
investigation officer under thisAct; andPage
64Current as at 20 May 2013
Ambulance Service Act 1991Part
5A Investigation officers[s 41F](d)state an expiry date for the card.(3)Thissectiondoesnotpreventtheissueofasingleidentitycard
to a person for this Act and other purposes.41FProduction or display of identity
card(1)In exercising a power under this part
in relation to a person, aninvestigation
officer must—(a)producetheofficer’sidentitycardfortheperson’sinspection
before exercising the power; or(b)have
the identity card displayed so it is clearly visible tothe
person when exercising the power.(2)However, if it is not practicable to comply
with subsection (1),the investigation officer must produce
the identity card for theperson’s inspection at the first
reasonable opportunity.(3)For subsection
(1), an investigation officer does not exercise apowerinrelationtoapersononlybecausetheofficerhasentered a place as mentioned in section
41H(1)(b) or (2).41GReturn of identity cardA
person who ceases to be an investigation officer must returnthe
person’s identity card to the commissioner within 21 daysafter ceasing to be an investigation officer
unless the personhas a reasonable excuse.Maximum
penalty—10 penalty units.Division 2Powers of
investigation officers41HPower to enter
places(1)An investigation officer may enter a
place if—(a)an occupier of the place consents to
the entry; or(b)it is a public place and the entry is
made when it is opento the public.Current as at 20
May 2013Page 65
Ambulance Service Act 1991Part 5A
Investigation officers[s 41I](2)For
the purpose of asking the occupier of a place for consentto
enter, an investigation officer may, without the occupier’sconsent or a warrant—(a)enter land around premises at the place to
an extent thatis reasonable to contact the occupier;
or(b)enter part of the place the officer
reasonably considersmembersofthepublicordinarilyareallowedtoenterwhen they wish
to contact the occupier.(3)In this
section—public placemeans—(a)a place to which members of the public
have access asof right, whether or not on payment of a fee
and whetheror not access to the place may be restricted
at particulartimes or for particular purposes; or(b)a part of a place that the occupier of
the place allowsmembers of the public to enter, but only
while the placeis ordinarily open to members of the
public.41IEntry with consent(1)This
section applies if an investigation officer intends to askanoccupierofaplacetoconsenttotheofficeroranotherofficer entering
the place.(2)Before asking for the consent, the
investigation officer musttell the occupier—(a)the
purpose of the entry; and(b)that the
occupier is not required to consent.(3)If
the consent is given, the investigation officer may ask theoccupier to sign an acknowledgement of the
consent.(4)The acknowledgement must state—(a)the occupier has been told—(i)the purpose of the entry; and(ii)that the
occupier is not required to consent; andPage 66Current as at 20 May 2013
Ambulance Service Act 1991Part
5A Investigation officers[s 41J](b)the
purpose of the entry; and(c)theoccupiergivestheinvestigationofficerconsenttoenter the place and exercise powers under
this part; and(d)the time and date the consent was
given.(5)If the occupier signs an
acknowledgement, the investigationofficer must
immediately give a copy to the occupier.(6)If—(a)anissuearisesinaproceedingaboutwhethertheoccupier consented to the entry; and(b)an acknowledgement complying with
subsection (4) forthe entry is not produced in
evidence;the onus of proof is on the person relying
on the lawfulness ofthe entry to prove the occupier
consented.41JGeneral powers after entering
places(1)This section applies to an
investigation officer who enters aplace.(2)However, if an investigation officer
enters a place to get theoccupier’s consent to enter a place,
this section applies to theofficer only if
the consent is given or the entry is otherwiseauthorised.(3)For
monitoring and enforcing compliance with sections 44 to45C
and 47, the investigation officer may—(a)copy
a document at the place or take the document toanother place to
copy it; or(b)requireapersonattheplace,togivetheofficerreasonablehelptoexercisetheofficer’spowersunderparagraph (a);
or(c)require a person at the place, to
answer questions by theofficer to help the officer ascertain
whether the person,oranotherpersonattheplace,committedanoffenceagainst section
44, 45, 45A, 45B, 45C or 47.Current as at 20
May 2013Page 67
Ambulance Service Act 1991Part 5A
Investigation officers[s 41K](4)When
making a requirement mentioned in subsection (3)(b)or
(c), the investigation officer must warn the person it is anoffencetofailtocomplywiththerequirement,unlesstheperson has a reasonable excuse.(5)If an authorised officer takes a
document from a place to copyit,thedocumentmustbecopied as soon as practicable
andreturned to the place.(6)To
remove any doubt, it is declared that this section applies
toan investigation officer who is also an
authorised officer andentered a place for the purpose of
exercising a power undersection 38(1).(7)Also,thepowersaninvestigationofficermentionedinsubsection (6) has under this section are in
addition to, and donotlimit,anypowerstheofficermayhaveundersection38(1).41KPower 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 toreasonablysuspectthepersonhasjustcommittedanoffence against section 44, 45, 45A,
45B, 45C or 47; or(c)hasinformationthatleadstheofficertoreasonablysuspectapersonhascommittedanoffenceagainstsection 44, 45, 45A, 45B, 45C or 47.(2)The investigation officer may require
the person to state theperson’s name and residential
address.(3)When making the requirement, the
investigation officer mustwarn the person it is an offence to
fail to state the person’snameorresidentialaddress,unlessthepersonhasareasonable excuse.(4)The
investigation officer may require the person to give theofficerevidenceofthecorrectnessofthestatednameorPage 68Current as at 20
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Ambulance Service Act 1991Part 6
Offences[s 41L]residential
address if the officer reasonably suspects the statedname
or address to be false.Division 3Protection from
liability41LProtection from liability(1)An investigation officer is not
civilly liable for an act done, oromission made,
honestly and without negligence, when actingas an
investigation officer.(2)Ifsubsection(1)preventsacivilliabilityattachingtoaninvestigation officer liability
attaches instead to the State.(3)In
this section—investigationofficerincludesapersonrequiredtohelpaninvestigation officer under section
41J(3)(b).Part 6Offences42Right of way to ambulances(1)Despite the provisions of theTransport Operations (Road UseManagement)Act1995,adriverofavehicle(otherthanatrain),totheextentpracticable,istogiveclearanduninterrupted passage to—(a)anyambulancewithwarningdevicessoundingorwarning lights activated; and(b)anyserviceofficeroranypersonactingunderthedirection of a service officer who appears
to be doingany act for the purposes of assisting at an
accident orother emergency.(2)A
person is not to fail to comply with subsection (1).Current as at 20 May 2013Page
69
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Offences[s 43]Maximum penalty
for subsection (2)—50 penalty units or 6months
imprisonment.43Unauthorised ambulance
transport(1)A person, other than the chief
executive or the commissioner,is not to
directly or indirectly imply that the person providesor
participates in providing ambulance transport without theapproval of the Minister and except in
accordance with suchconditions (if any) as the Minister
may impose.Maximum penalty—(a)in
the case of an individual—16 penalty units; or(b)in
the case of a corporation—50 penalty units.(2)TheMinistermayrevokeanyapprovalgiven,orrevokeorvary
any condition imposed, under this section.(3)This
section does not apply to—(a)the Royal Flying
Doctor Service of Australia; and(b)an
ambulance service conducted under theHospital
andHealth Boards Act 2011.44Failure to help investigation officer(1)Apersonrequiredtogivereasonablehelpundersection41J(3)(b)mustcomplywiththerequirement,unlesstheperson has a reasonable excuse.Maximum penalty—10 penalty units.(2)It is a reasonable excuse for the
person not to comply with therequirementbecausecomplyingwiththerequirementmighttend
to incriminate the person.45Failure to answer
questions(1)Apersonofwhomarequirementismadeundersection41J(3)(c)must,unlessthepersonhasareasonableexcuse,comply with the requirement.Page
70Current as at 20 May 2013
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Offences[s 45A]Maximum
penalty—10 penalty units.(2)It is a
reasonable excuse for the person to fail to comply withtherequirementthatcomplyingwiththerequirementmighttend
to incriminate the person.45AFailure to give
name or address(1)Apersonofwhomapersonaldetailsrequirementismademustcomplywiththerequirement,unlessthepersonhasareasonable excuse.Maximum
penalty—10 penalty units.(2)A person does
not commit an offence against subsection (1)if—(a)the person was required to state the
person’s name andresidentialaddressbyaninvestigationofficerwhosuspected the person had committed an
offence againstthis Act; and(b)the
person is not proved to have committed the offenceagainst this Act.(3)In
this section—personaldetailsrequirementmeansarequirementundersection 41K(2) or (4).45BFalse
or misleading statementsA person must not state anything to an
investigation officerthepersonknowsisfalseormisleadinginamaterialparticular.Maximum
penalty—10 penalty units.45CFalse or
misleading documents(1)A person must
not give an investigation officer a documentcontaininginformationthepersonknowsisfalseormisleading in a material particular.Current as at 20 May 2013Page
71
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Offences[s 46]Maximum
penalty—10 penalty units.(2)Subsection (1)
does not apply to a person if the person, whengiving the
document—(a)tells the investigation officer, to
the best of the person’sability, how it is false or
misleading; and(b)if the person has, or can reasonably
obtain, the correctinformation—gives the correct
information.46ObstructionApersonmustnotwilfullyobstructorhinderanypersonacting under the
authority of this Act.Maximum penalty—16 penalty
units.47False calls for ambulance
service(1)Apersonmustnotrequestthattheserviceprovideanambulanceserviceforaperson(thepatient),unlessthepatient is sick or injured and requires an
ambulance service.Maximumpenalty—100penaltyunitsor1year’simprisonment.(2)For
subsection (1), a request may be made orally, in writing orby
conduct.(3)An infringement notice under
theState Penalties EnforcementAct1999maybeissuedtoapersonforacontraventionofsubsection (1) only if an investigation
officer—(a)has investigated any lawful excuse of
the person; and(b)is satisfied the person does not have
a lawful excuse.48Restricted use of words ‘Ambulance
Service’(1)A person must not—(a)withoutthewrittenauthorityoftheMinister—usethewords ‘Ambulance Service’ or any similar
name, title ordescription; orPage 72Current as at 20 May 2013
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Offences[s 49](b)represent that the person is associated with
the serviceunless such an association exists; or(c)withoutthewrittenauthorityoftheMinister—usetheword
‘Ambulance’ on any vehicle that is not operated bythe
service; or(d)impersonate a service officer;
or(e)without the written authority of the
Minister—use anyinsigniaoftheserviceinanymannercontrarytothemanner approved
by the Minister.Maximum penalty—(a)in
the case of an individual—16 penalty units; or(b)in
the case of a corporation—50 penalty units.(2)This
section does not apply to—(a)an ambulance
service conducted under theHospital
andHealth Boards Act 2011; and(b)the use of the word ‘Ambulance’ by St
John AmbulanceAustralia-Queensland as part of its name;
and(c)the use of the words ‘animal
ambulance’ on a vehicleowned or operated by an animal welfare
organisation forthe transport of sick or injured
animals.49Unauthorised disclosure of
confidential information by adesignated
officer(1)Adesignatedofficerorformerdesignatedofficermustnot,whetherdirectlyorindirectly,discloseconfidentialinformation
unless the disclosure is authorised under part 7,division 1.Maximum
penalty—50 penalty units.(2)Subsection (1)
does not apply to the disclosure of confidentialinformationtothepersontowhomtheconfidentialinformation
relates.(3)In this section—Current as at 20
May 2013Page 73
Ambulance Service Act 1991Part 6
Offences[s 49A]confidentialinformationmeansinformationapersonhasbecause of being a designated officer that
identifies a personas a person who is receiving, or has
received, an ambulanceservice.designated
officermeans—(a)the
chief executive; or(b)a service officer; or(c)an honorary ambulance officer;
or(d)an agent of the service.former designated officermeans a person who was, but is nolonger, a designated officer.49AUnauthorised disclosure of
confidential information byan informed person(1)This
section applies to a person (aninformed
person) who hasconfidentialinformationdisclosedtotheperson,whetherdirectly or
indirectly, by a designated officer.(2)The
informed person must not, whether directly or indirectly,disclose the confidential information to
anyone else.Maximum penalty—50 penalty units.(3)Subsection (2) does not apply to the
disclosure of confidentialinformation—(a)tothepersontowhomtheconfidentialinformationrelates;
or(b)foralawfulpurposeforwhichtheconfidentialinformationwasoriginallydisclosedtotheinformedperson; or(c)requiredorallowedunderanagreementspecifiedinsection 50L; or(d)authorised under an Act or another
law.(4)In this section—Page 74Current as at 20 May 2013
Ambulance Service Act 1991Part 6
Offences[s 50]confidentialinformationmeansinformationaninformedperson has
because of subsection (1) that identifies a person asapersonwhoisreceiving,orhasreceived,anambulanceservice.designated officermeans—(a)the chief executive; or(b)a service officer; or(c)an honorary ambulance officer;
or(d)an agent of the service.50Proceedings for offences(1)A prosecution for an offence against
this Act is to be by wayofsummaryproceedingsundertheJusticesAct1886oncomplaint of—(a)apersonauthorisedbythechiefexecutiveforthatpurpose, either
generally or in a particular case; or(b)a
police officer.(2)The authority of a person referred to
in subsection (1)(a) tomakeacomplaintistobepresumeduntilthecontraryisproved.(3)The
requirement to proceed in a summary way is subject tosection 50B.50AProceedings for indictable offences(1)A proceeding for an indictable offence
against this Act maybe taken, at the election of the
prosecution—(a)by way of summary proceeding under
theJusticesAct1886; or(b)on indictment.(2)A
magistrate must not hear an indictable offence summarilyif—Current as at 20 May 2013Page
75
Ambulance Service Act 1991Part 6
Offences[s 50B](a)thedefendantasksatthestartofthehearingthatthecharge be prosecuted on indictment;
or(b)themagistrateconsidersthechargeshouldbeprosecuted on indictment.(3)If subsection (2) applies—(a)the magistrate must proceed by way of
an examinationof witnesses for an indictable offence;
and(b)apleaofthepersonchargedatthestartoftheproceeding must be disregarded;
and(c)evidencebroughtintheproceedingbeforethemagistrate decided to act under
subsection (2) is taken tobe evidence in the proceeding for the
committal of theperson for trial or sentence; and(d)before committing the person for trial
or sentence, themagistratemustmakeastatementtothepersonasrequired by theJustices Act
1886, section 104(2)(b).50BLimitation on who may summarily hear
indictable offence(1)Theproceedingmustbebeforeamagistrateifitisaproceeding—(a)for
the summary conviction of a person on a charge foran
indictable offence; or(b)foranexaminationofwitnessesforachargeforanindictable offence.(2)However, if the proceeding is brought
before a justice who isnot a magistrate, jurisdiction is
limited to taking or making aprocedural
action or order within the meaning of theJusticesof
the Peace and Commissioners for Declarations Act 1991.50COrder for payment
if guilty of false call(1)Ifapersonisconvictedbyacourtofanoffenceagainstsection47,thecourtmayorderthepersontopaytotheservice, a reasonable amount for the
expenses of or incidentalPage 76Current as at 20
May 2013
Ambulance Service Act 1991Part 7
General[s 50D]to the provision
of the ambulance service that was requestedby the
person.(2)The court may make an order under
subsection (1) in additionto imposing a penalty for the
offence.(3)An amount ordered to be paid under
subsection (1) may berecovered by the service as a debt
owing to it by the person.(4)Subsection(1)doesnotlimitthecourt’spowersunderthePenalties and Sentences Act 1992or
another law.Part 7GeneralDivision 1Confidentiality50DDefinitions for div 1In this
division—confidentialinformationmeansinformationapersonhasbecause of being a designated officer that
identifies a personas a person who is receiving, or has
received, an ambulanceservice.designated
officermeans—(a)the
chief executive; or(b)a service officer; or(c)an honorary ambulance officer;
or(d)an agent of the service.healthprofessionalmeansapersonregisteredundertheHealth Practitioner Regulation
National Law to practise, otherthan as a
student, in any of the following—(a)the
medical profession;(b)the medical radiation practice
profession;Current as at 20 May 2013Page
77
Ambulance Service Act 1991Part 7
General[s 50E](c)the
nursing and midwifery profession;(d)the
occupational therapy profession;(e)the
pharmacy profession;(f)the
physiotherapy profession;(g)the psychology
profession.50EDisclosure required or permitted by
lawAdesignatedofficerisauthorisedtodiscloseconfidentialinformationifthedisclosureisrequiredorpermittedbyanAct or another law.50FDisclosure with consent(1)Adesignatedofficerisauthorisedtodiscloseconfidentialinformationifthepersontowhomtheconfidentialinformation
relates consents to the disclosure.(2)However, if the person to whom the
confidential informationrelates (thepatient)
does not have capacity to consent to thedisclosure, the
disclosure is authorised if another person whois authorised to
consent on the patient’s behalf consents to thedisclosure.Example of a
person who is authorised to consent on behalf of a patient—a parent or guardian50GDisclosure to person who has
sufficient interest in healthand welfare of
person(1)Adesignatedofficerisauthorisedtodiscloseconfidentialinformationifthedisclosureistoapersonwho,intheofficer’s reasonable opinion, has a
sufficient personal interestinthehealthandwelfareofthepersontowhomtheconfidential information relates.Examples of a person who may have sufficient
personal interest in thehealth and welfare of a person to whom
confidential information relates—•the person’s child, guardian, parent
or spousePage 78Current as at 20
May 2013
Ambulance Service Act 1991Part 7
General[s 50H]•an
adult who is providing home care to the person because of achronic condition or disability•a medical practitioner who has had
responsibility for the care andtreatment of the
person(2)However, subsection (1) does not apply
if the person to whomthe confidential information relates
requests the informationnot to be disclosed.(3)Forsubsection(1),ifthepersontowhomtheconfidentialinformation
relates is deceased another person has a sufficientpersonalinterestinthehealthandwelfareofthedeceasedperson if, in
the officer’s reasonable opinion, the other personwould have had a sufficient interest while
the deceased personwas alive.50HDisclosure of confidential information for
care ortreatment of personAdesignatedofficerisauthorisedtodiscloseconfidentialinformationifthedisclosureisrequiredforthecareortreatment of the person to whom the
information relates andthe disclosure is to—(a)an employee of a hospital who
processes admissions ofpatients to the hospital; or(b)a health professional; or(c)an honorary ambulance officer or
service officer; or(d)amemberofanambulanceservice(orsimilarbodyprovidingambulanceservices)fromoutsideQueensland.50IDisclosure is general condition of
person(1)Adesignatedofficerisauthorisedtodiscloseconfidentialinformationiftheconfidentialinformationisaboutthecondition of the person to whom the
confidential informationrelates and is communicated in general
terms.Current as at 20 May 2013Page
79
Ambulance Service Act 1991Part 7
General[s 50J]Example of
communicated in general terms—A
service officer discloses that a person’s condition is
“satisfactory”.(2)However, subsection (1) does not apply
if the person to whomthe confidential information relates
requests the informationnot to be disclosed.50JDisclosure to police or corrective
services officers(1)Adesignatedofficerisauthorisedtodiscloseconfidentialinformation if
the disclosure is to—(a)apoliceofficerforthepurposeofthepoliceofficerexercisingapowerunderthePolicePowersandResponsibilitiesAct2000inrelationtothepersontowhom
the confidential information relates; or(b)a
police officer and the person to whom the confidentialinformation relates is in the custody of
police; or(c)a corrective services officer and the
person to whom theconfidential information relates is in the
custody of thechief executive (corrections).Note—SeetheCorrectiveServicesAct2006, section7,for when apersonistakentobeinthecustodythechiefexecutive(corrections).(2)In
this section—chief executive (corrections)means the chief executive of thedepartmentinwhichtheCorrectiveServicesAct2006isadministered.correctiveservicesofficerhasthemeaninggivenbytheCorrective
Services Act 2006.50KDisclosure for
administering, monitoring or enforcingcompliance with
ActAdesignatedofficerisauthorisedtodiscloseconfidentialinformation if
the disclosure is—Page 80Current as at 20
May 2013
Ambulance Service Act 1991Part 7
General[s 50L](a)madeforthepurposeofadministering,monitoringorenforcing compliance with, this Act;
or(b)made for a proceeding in a court or
tribunal; or(c)to an entity for the purpose of the
entity investigating ordetermining if a service officer or
honorary ambulanceofficer has failed to comply with a code of
practice.50LDisclosure to Commonwealth, another
State orCommonwealth or State entity(1)Adesignatedofficerisauthorisedtodiscloseconfidentialinformation
if—(a)the disclosure is to the Commonwealth
or another State,or an entity of the Commonwealth or another
State andthedisclosureisrequiredorallowedunderanagreement—(i)betweenQueenslandandtheCommonwealth,State or entity;
and(ii)prescribed under
a regulation for this paragraph; or(b)thedisclosureistoanentityoftheStateandthedisclosure is
required or allowed under an agreement—(i)between the service and the entity;
and(ii)prescribed under
a regulation for this paragraph.(2)In
this section—entity, of the
Commonwealth or a State, includes a departmentand an entity
established under an Act for a public purpose.50MDisclosure to Health Quality and Complaints
CommissionAdesignatedofficerisauthorisedtodiscloseconfidentialinformationifthedisclosureistotheHealthQualityandComplaints Commission for the purpose
of—(a)making, or giving information about, a
complaint abouta provider of health services; orCurrent as at 20 May 2013Page
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Ambulance Service Act 1991Part 7
General[s 50N](b)answering questions or otherwise giving
information aspartofaninvestigationundertheHealthQualityandComplaints Commission Act 2006about a person who isor was a
provider of health services; or(c)givingthecommissioninformationabouthealthservicesincludinginformationrequestedbythecommissionundertheHealthQualityandComplaintsCommission Act
2006, section 21; or(d)giving the commission aggregated data,
including datathatidentifiespersons,aboutcomplaintmanagement,patient safety
or another matter relating to the quality ofhealth
services.50NDisclosure to Australian Red Cross
SocietyAdesignatedofficerisauthorisedtodiscloseconfidentialinformation if
the disclosure is to the Australian Red CrossSocietyforthepurposeoftracingblood,orbloodproductsderived from blood, infected with any
disease or the donor orrecipient of any such blood.50ODisclosure to person performing
function underCoroners Act 2003Adesignatedofficerisauthorisedtodiscloseconfidentialinformation if
the disclosure is to a person who requires theinformationtoperformafunctionundertheCoronersAct2003, other than the
preparation of an annual report.50PDisclosure is authorised by chief
executive(1)Adesignatedofficerisauthorisedtodiscloseconfidentialinformation if
the chief executive has, in writing, authorisedthe
disclosure.(2)Thechiefexecutivemayonlyauthoriseadisclosureofconfidentialinformationundersubsection(1)ifthechiefexecutiveissatisfied,onreasonablegrounds,thatthedisclosure is—Page 82Current as at 20 May 2013
Ambulance Service Act 1991Part 7
General[s 50Q](a)in
the public interest; or(b)necessary to
assist in averting a serious risk to the life,health or safety
of any person, including the person towhom the
confidential information relates; or(c)made
for the purpose of research which has the approvalof
an appropriate ethics committee.(3)The
department’s annual report for a financial year under theFinancialAdministrationandAuditAct1977mustincludedetails
of—(a)thenatureofanyconfidentialinformationdisclosedunder subsection (1) during the financial
year; and(b)the purpose for which the confidential
information wasdisclosed.Editor’s
note—Financial Administration and Audit Act
1977—now see theFinancialAccountability Act 2009, section
93.(4)However, the details mentioned in
subsection (3)(a) must notidentify,directlyorindirectly,thepersontowhomtheconfidential information relates.(5)DespitethePublicServiceAct2008,section103,thechiefexecutive may
not delegate the chief executive’s power undersubsection
(1).50QNecessary or incidental
disclosureAdesignatedofficerisauthorisedtodiscloseconfidentialinformation if
the disclosure of confidential information by adesignated
person is necessary or incidental to a disclosure ofconfidentialinformationotherwisepermittedunderthisdivision.Examples of necessary or incidental
disclosure—•the disclosure of
confidential information to support staff at a publicsector hospital who make appointments for
patients, maintain patientrecords and undertake other
administrative tasksCurrent as at 20 May 2013Page
83
Ambulance Service Act 1991Part 7
General[s 50R]•thedisclosureofconfidentialinformationtoadvisethechiefexecutiveaboutauthorisingthedisclosureofconfidentialinformation under
section 50P•accessing contact details for a person
to seek the person’s consentunder section 50F
to the disclosure of confidential information•permitting contractors to access databases
to write, test or analyseprograms,performdatabaseadministrationtasksormaintaintechnical aspects
of computer hardware50RApplication of this division to former
designated officers(1)Section50E,50F,50J,50M,50Oor50Q(therelevantprovision)appliestothedisclosureofconfidentialinformation by a
former designated person in the same way asitappliestothedisclosureofconfidentialinformationbyadesignated person.(2)For
subsection (1), a reference in the relevant provision to adesignatedpersonistakentobeareferencetoaformerdesignated person.(3)In
this section—former designated officermeans a person who was, but is nolonger, a designated officer.Division 2Other
matters51Exemption from tollsA
service officer driving an ambulance, and the vehicle, areexempt from the payment of any toll in
respect of the use ofany road, bridge or vehicular
ferry.52Interstate assistance at
accidents(1)In this section—officer in
chargemeans the person who, under a direction
ofthe commissioner, is in charge at an
accident.Page 84Current as at 20
May 2013
Ambulance Service Act 1991Part 7
General[s 53A](2)Everymemberofanambulanceservice(orsimilarbodyproviding ambulance services) from outside
Queensland whoassistsatanaccidentinQueenslandandanyplantandequipmentinthemember’schargeisatthedisposaloftheofficerinchargeandistakentobeunderthecontrolanddirection of that officer.(3)If there is no officer in charge, the
member of the ambulanceserviceorsimilarbodyfromoutsideQueenslandwhoisincharge of other
members of that ambulance service or similarbody has—(a)the control and direction of all
persons assisting at theaccident; and(b)allthepowersconferredbyorunderthisActonanauthorised officer.53AFunction of Emergency Services Advisory
Council(1)For this Act, the council’s function
is to advise the Ministerabout—(a)theextenttowhichcurrentservicedeliverybytheservice—(i)satisfies community needs; and(ii)contributestotheachievementoftheGovernment’sdesiredoutcomesforthecommunity; and(b)anythingelserelevanttothefunctionsoftheservice,referred to the
council by the Minister.(2)In this
section—councilmeanstheEmergencyServicesAdvisoryCouncilestablished under theFire and Rescue
Service Act 1990.Current as at 20 May 2013Page
85
Ambulance Service Act 1991Part 7
General[s 53B]53BExemption from payment for ambulance
service(1)Subject to subsection (3), the
following persons are not liableto pay a charge
under this Act for the use of an ambulanceservice—(a)anindividualwhoseprincipalplaceofresidenceisinQueensland;(b)another individual who is—(i)adependantofapersonmentionedinparagraph(a); or(ii)under 25 and a
full-time student at an educationalinstitution in
the State; or(iii)under 25 and a
full-time student at an educationalinstitutioninanotherStateoraTerritoryifthestudentisachildofapersonmentionedinparagraph (a).(2)Indecidingwhetheranindividual’sprincipalplaceofresidence is in Queensland, all of the
person’s circumstancesmay be taken into account, including,
for example, any of thefollowing circumstances—(a)theindividual’saddressasshownontheindividual’sdriver’slicenceoranelectoralrollforanelectoraldistrict under theElectoral Act
1992;(b)whether the
individual is living outside of the State.(3)Ifanambulanceserviceisprovidedtoaperson,afeeprescribed under a regulation is
payable by the person if theperson is
entitled to recover the amount of the fee under anyof
the following—(a)theWorkers’CompensationandRehabilitationAct2003;(b)theVeterans’
Entitlements Act 1986(Cwlth);(c)anotherlawofaState,aTerritoryortheCommonwealth.Page 86Current as at 20 May 2013
Ambulance Service Act 1991Part 7
General[s 53C]53CAgreement about payment for ambulance
serviceThe chief executive may enter into an
agreement with any ofthefollowingentitiesaboutthepaymentofanamountforambulance services provided to a person
under this Act—(a)WorkCover Queensland established under
theWorkers’Compensation and
Rehabilitation Act 2003;(b)theRepatriationCommissioncontinuedinexistenceundertheVeterans’EntitlementsAct1986(Cwlth),section 179;(c)thechiefexecutiveofthedepartmentinwhichtheHospital and Health Boards Act 2011is
administered;(d)another entity the chief executive
considers appropriate.53DRecovery of fees
and chargesA fee or charge payable under this Act and
not paid is a debtdue to the State and may be recovered by the
chief executivein a court having jurisdiction for the
recovery of the amountclaimed.54Regulation-making power(1)TheGovernorinCouncilmaymakeregulationsunderthisAct.(2)A regulation may be made for or
about—(a)charges to be made for the use of
ambulance services;and(b)the entitlements
of persons who use ambulance services;and(c)all matters that arise in connection
with the entitlementsofandtheconditionsofemployment,occupationalsuperannuation,
retrenchment or redundancy of serviceofficers;
and(d)theprocedurestobefollowedbyanRCAteaminitsconduct of an
RCA of a reportable event.Current as at 20 May 2013Page
87
Ambulance Service Act 1991Part 8 Savings and
transitional provisions[s 54A](4)Thechiefexecutivemaysetfeesforthespecialuseofambulance
services and vehicles not otherwise provided forunder subsection (2).(5)A
regulation may impose a penalty not exceeding 16 penaltyunits for a breach of the regulation.(6)A regulation may, where a breach of it
is a continuing breach,impose a daily penalty for the breach
not exceeding 3 penaltyunits.Part 8Savings and transitionalprovisionsDivision 1Provisions for Act beforecommencement of EmergencyServices Legislation AmendmentAct
199854ADefinitionsIn this
division—amendmentActmeanstheAmbulanceServiceAmendmentAct 1997.commencementmeans the
commencement of the amendmentAct, section
5.corporationmeans the
corporation sole under this Act as inforce
immediately before the commencement.former
servicemeans the Queensland Ambulance Service
inexistence immediately before the
commencement.transferred officermeans a person
taken to be employed asan ambulance, medical or
administrative officer of the serviceunder section
61, 62 or 63.Page 88Current as at 20
May 2013
Ambulance Service Act 1991Part 8
Savings and transitional provisions[s 55]55Superannuation entitlements(1)The Queensland Ambulance Service
Superannuation Schemeis continued in existence.(2)A person who, under section 8.2
becomes an employee of theQueensland Ambulance Service—(a)retainsallentitlementsaccruedoraccruingtothatpersonasacontributortoormemberofthesuperannuation scheme to which that
person contributedandwasamemberofimmediatelypriortothecommencement of
this Act; and(b)isentitledtopaymentsandotherbenefitsfromitinrespect of that person.(3)ApersonwhobecomesanemployeeoftheQueenslandAmbulance
Service is to continue to contribute to the schemereferred to in subsection (1).(4)The trustees may amend the
scheme.(5)However,anamendmentprejudicingarightaccruedoraccruing to a person under the scheme
may be made only ifthe person has given written consent to the
amendment.56References to the board and previous
committees(1)A reference in any Act, will, document
or writing to the StateCouncil of the Queensland Ambulance
Transport Brigade, theboardorapreviouscommitteeistobeconstruedasareference to the service or the
relevant committee, as the casemay
require.(2)In subsection (1)—boardmeanstheQueenslandAmbulanceServicesBoardconstituted under theAmbulance
Services Act 1967, section 6.previous
committeemeans a committee constituted under
theAmbulance Services Act 1967,
section 19.Current as at 20 May 2013Page
89
Ambulance Service Act 1991Part 8 Savings and
transitional provisions[s 57]57References to Ambulance Services Act
1967In an Act or document, a reference to
theAmbulance ServicesAct 1967is
taken to be a reference to this Act.58References to corporation and former
serviceA reference in an Act or document in
existence immediatelybeforethecommencementtothecorporationorformerservice is a
reference to the service.59Vesting of
assetsOn the commencement, the assets, rights and
liabilities of thecorporation or former service vest in the
service.60Legal proceedingsA legal
proceeding that could have been started or continuedby
or against the corporation or the former service before thecommencement may be started or continued by
or against theservice.61Ambulance officers(1)A
person who, immediately before the commencement, wasemployed as an ambulance officer of the
former service is, onthe commencement, taken to be employed
as an ambulanceofficer of the service.(2)Subsection (1) does not apply to a person
holding office as anhonorary ambulance officer.62Medical officersA person who,
immediately before the commencement, wasemployed as a
medical officer of the former service is, on thecommencement, taken to be employed as a
medical officer ofthe service.Page 90Current as at 20 May 2013
Ambulance Service Act 1991Part 8
Savings and transitional provisions[s 63]63Administrative and service
officersA person who, immediately before the
commencement, wasemployed as an administrative or service
officer of the formerservice is, on the commencement, taken
to be employed as anadministrative officer of the
service.64Conditions of employment of
transferred officers(1)Theconditionsofemploymentapplyingtoatransferredofficermustbenolessfavourablethantheconditionsthatapplied to the officer immediately before
the commencement.(2)A transferred officer remains entitled
to all rights accrued oraccruing to the officer as an employee
of the former service.(3)Withoutlimitingsubsection(2),atransferredofficerisentitled to receive annual, sick and
long service leave and anysimilar entitlements accrued or
accruing to the officer as anemployee of the
former service.(4)The recognised service of a
transferred officer is taken to beservice as an
employee of the service for the purpose of anylawdealingwithrightsorentitlementsmentionedinthissection.(5)In subsection (4)—recognised
serviceof a transferred officer means the
officer’sserviceasanemployeeoftheformerservice,andincludesany previous
service of the officer taken to be service with theformer service.65Honorary ambulance officersA
person who, immediately before the commencement, wasanhonoraryambulanceofficerwiththeformerserviceistaken to be appointed as an honorary
ambulance officer for theservice.Current as at 20
May 2013Page 91
Ambulance Service Act 1991Part 8 Savings and
transitional provisions[s 66]66TrustsOn the
commencement, any property that, immediately beforethe
commencement, was held in trust by the former service orthe
corporation vests in the service on the same trusts to whichthe
property was subject immediately before the vesting.67Duty to assist transfer of
property(1)The registrar of titles and all
persons who keep registers ofdealings in
property must, if asked by the service, make in theregister all entries necessary to record the
vesting of propertyin the service by this division.(2)A request under this section is not
liable to fees or stamp duty.Division 2Provision for Emergency ServicesLegislation Amendment Act 199868Board members go out of office(1)Onthecommencementofthissectionthemembersoftheboard go out of office.(2)In this section—boardmeanstheservice’sboardunderthisActasinforceimmediatelybeforethecommencementoftheEmergencyServices
Legislation Amendment Act 1998.Division 3Provisions for
Emergency ServicesLegislation Amendment Act 200169Definitions for div 3In
this division—Act after amendmentmeans theAmbulance Service Act 1991as
in force immediately after the commencement.Page 92Current as at 20 May 2013
Ambulance Service Act 1991Part 8
Savings and transitional provisions[s 70]ActbeforeamendmentmeanstheAmbulanceServiceAct1991as in force
immediately before the commencement.amendmentActmeanstheEmergencyServicesLegislationAmendment Act
2001.commencementmeans the
commencement of the amendmentAct.former servicemeans the
Queensland Ambulance Service inexistence
immediately before the commencement.transferred
officermeans a person taken to be employed as
aservice officer under section 76.70Former service dissolvedThe
corporate entity that is the former service is dissolved.71Superannuation entitlementsThe
amendment Act does not—(a)affectthecontinuationofatransferredofficerasanemployedmemberforthepurposesoftheSuperannuation (State Public Sector)
Deed 1990; or(b)otherwiseaffectanysuperannuationofatransferredofficer.72References to former serviceA
reference in an Act or document in existence immediatelybeforethecommencementtotheformerserviceis,ifthecontext permits, taken to be a reference to
the State.73Vesting of assetsOn the
commencement, the assets, rights and liabilities of theformer service vest in the State.Current as at 20 May 2013Page
93
Ambulance Service Act 1991Part 8 Savings and
transitional provisions[s 74]74Legal
or disciplinary proceedings(1)A
legal proceeding relating to something that happened beforethe
commencement that could have been started or continuedby
or against the former service if the Amendment Act hadnot
been passed may from the commencement be started orcontinued by or against the State.(2)A disciplinary proceeding relating to
something that happenedbeforethecommencementthatcouldhavebeenstartedorcontinued by the former service if the
Amendment Act hadnot been passed may from the commencement be
started orcontinued by the chief executive.75SuspensionThesuspensionofaserviceofficerinforceimmediatelybefore the
commencement is taken, from the commencement,to continue in
force under this Act.76Service
officersA person who, immediately before the
commencement, wasemployed as a service officer of the former
service is, on thecommencement, taken to be employed as a
service officer ofan equivalent class for the service.77Conditions of employment of
transferred officers(1)Theconditionsofemploymentapplyingtoatransferredofficermustbenolessfavourablethantheconditionsthatapplied to the officer immediately before
the commencement.(2)A transferred officer remains entitled
to all rights accrued oraccruing to the officer as an employee
of the former service.(3)Withoutlimitingsubsection(2),atransferredofficerisentitled to receive annual, sick and
long service leave and anysimilar entitlements accrued or
accruing to the officer as anemployee of the
former service.(4)Subsection (1) does not limit section
13.Page 94Current as at 20
May 2013
Ambulance Service Act 1991Part 8
Savings and transitional provisions[s 78]78Honorary ambulance officersA
person who, immediately before the commencement, wasanhonoraryambulanceofficerwiththeformerserviceistaken, on the commencement, to be
appointed as an honoraryambulance officer for the
service.79TrustsAnypropertythat,immediatelybeforethecommencement,washeldintrustbytheformerservice,onthecommencement,
vests in the State on the same trusts to whichthe property was
subject immediately before the vesting.80Duty
to help transfer of property(1)The
registrar of titles and all persons who keep registers ofdealingsinpropertymust,ifaskedbythechiefexecutive,make in the
register all entries necessary to record the vestingof
property in the State by this division.(2)A
request under this section is not liable to fees or stamp
duty.81Things taken to have been done etc. by
commissioner(1)Anything declared, done, given,
granted, made or issued bythecommissionerunderacommissioner’ssectionandinforce,orhavingeffect,immediatelybeforethecommencementis,fromthecommencement,takentohavebeendeclared,done,given,granted,madeorissuedbythecommissioner.(2)If
the action mentioned in subsection (1) involves a period oftime, the subsection must not be taken to
extend or otherwiseaffect the period.(3)In
this section—commissioner’ssectionmeansasectionthat,immediatelybeforethecommencement,referredtoactionofthecommissioner as commissioner of the
former service and afterCurrent as at 20 May 2013Page
95
Ambulance Service Act 1991Part 8 Savings and
transitional provisions[s 82]the commencement
refers to action of the commissioner of theservice.82Things taken to have been done etc. by
chief executive(1)Anything declared, done, given,
granted, made or issued bythecommissionerunderachiefexecutive’ssectionandinforce,orhavingeffect,immediatelybeforethecommencementis,fromthecommencement,takentohavebeendeclared,done,given,granted,madeorissuedbythechief executive.(2)If
the action mentioned in subsection (1) involves a period oftime, the subsection must not be taken to
extend or otherwiseaffect the period.(3)In
this section—chiefexecutive’ssectionmeansasectionthat,immediatelybeforethecommencement,referredtoactionofthecommissioner and after the
commencement refers to action ofthe chief
executive.83Other things taken to have been done
etc. by chiefexecutive(1)Anything declared, done, given, granted,
made or issued bytheformerserviceunderachiefexecutive’ssectionandinforce,orhavingeffect,immediatelybeforethecommencementis,fromthecommencement,takentohavebeendeclared,done,given,granted,madeorissuedbythechief executive.(2)If
the action mentioned in subsection (1) involves a period oftime, the subsection must not be taken to
extend or otherwiseaffect the period.(3)In
this section—chiefexecutive’ssectionmeansasectionthat,immediatelybeforethecommencement,referredtoactionoftheformerserviceandafterthecommencementreferstoactionofthechief executive.Page 96Current as at 20 May 2013
Ambulance Service Act 1991Part 8
Savings and transitional provisions[s 84]84Other things taken to have been done
etc. by the State(1)Anything declared, done, given,
granted, made or issued bytheformerserviceunderaState’ssectionandinforce,orhaving effect, immediately before the
commencement is, fromthe commencement, taken to have been
declared, done, given,granted, made or issued by the
State.(2)If the action mentioned in subsection
(1) involves a period oftime, the subsection must not be taken
to extend or otherwiseaffect the period.(3)In
this section—State’s sectionmeans a section
that, immediately before thecommencement,
referred to action of the former service andafter the
commencement refers to action by the State.85Closure of Ambulance Service Fund(1)On the commencement—(a)the Ambulance Service Fund is closed;
and(b)the chief executive must record the
closing balance oftheaccountsfortheAmbulanceServiceFundastheopening balance of the accounts for
the new fund.(2)Anentrythat,apartfromsubsection(1),wouldneedtobemade in the
accounts for the Ambulance Service Fund mustbe made in the
accounts for the new fund.(3)In this
section—AmbulanceServiceFundmeanstheAmbulanceServiceFundmentionedintheFinancialAdministrationandAuditAct 1977,
schedule 2, immediately before the commencementof this
section.newfundmeanstheQueenslandAmbulanceServiceFundestablished under section 19.Current as at 20 May 2013Page
97
Ambulance Service Act 1991Part 8 Savings and
transitional provisions[s 87]Division 4Provisions for Emergency ServicesLegislation Amendment Act 200287Definitions for div 4In
this division—approvaldaymeansthedaytheMinisterapproves,undersection31A(1),theconstitutionfortheconductofacommittee’s business.former constitution, of a
committee, means the committee’sconstitution
immediately before the approval day.88Former constitution ceases to applyOn
the approval day, a committee’s former constitution ceasesto
apply to the committee.89Committee members
continue in office(1)This section applies to a person who,
immediately before theapproval day, is a member of a
committee.(2)Subjecttosection29(2),(2A)and(9)andsection35,thepersoncontinuesasamemberofthecommittee,unlesstheperson earlier resigns—(a)fortheperiodthepersonwouldhavebeenamemberunder the
committee’s former constitution; or(b)untiltheendofanylongerperiodspecifiedundersection 29(6).90Office holders continue to hold
office(1)This section applies to a person who,
immediately before theapproval day, holds an office
mentioned in section 29(3)(a) to(d) for a
committee.Page 98Current as at 20
May 2013
Ambulance Service Act 1991Part 8
Savings and transitional provisions[s 91](2)Subjecttosection29(2),(2A)and(9)andsection35,theperson continues
to hold the office, unless the person earlierresigns—(a)for the period the person would have
been a member ofthecommitteeunderthecommittee’sformerconstitution; or(b)untiltheendofanylongerperiodspecifiedundersection 29(6).91Minister must notify approval dayThe
Minister must notify the approval day by a gazette notice.Division 5Provisions for
CommunityAmbulance Cover Act 200392Definitions for div 5In this
division—commencementmeans the
commencement of this section.former
subscribermeans a person who, immediately
beforethecommencement,isasubscriberunderthepre-amendedAct.pre-amendedActmeansthisActasinforcebeforethecommencement.93Former subscriber’s entitlement endsOn
the commencement, a former subscriber’s entitlement toambulance services under the pre-amended Act
ends.94Charge not payable for particular
ambulance service(1)Thissectionappliestoanambulanceserviceprovidedtoapersonmentionedinsection53B(1)iftheprovisionoftheCurrent as at 20
May 2013Page 99
Ambulance Service Act 1991Part 8 Savings and
transitional provisions[s 95]service began
before the commencement and ended after thecommencement.(2)The
person is not liable to pay a charge under this Act for theuse
of the ambulance service.95Continuation of
written authority(1)This section applies to a written
authority of the commissionermentioned in
section 48(1)(a), (c) or (e) of the pre-amendedActiftheauthorityisinforceimmediatelybeforethecommencement.(2)After the commencement, the written
authority is taken to bea written authority of the Minister
under section 48(1)(a), (c)or (e).Division 6Provisions for
Integrity Reform(Miscellaneous Provisions)Amendment Act 201096Definition for div 6In this
division—commencementmeans the
commencement of this section.97Disciplinary action for acts or omissions
happeningbefore commencement(1)Part2,division4,subdivision1appliesinrelationtoadisciplinary ground arising before the
commencement only if,beforethecommencement,disciplinaryactioncouldhavebeen
taken against a service officer on the same ground undera
relevant disciplinary provision.(2)If,
at the commencement, the chief executive or commissionerhas
started disciplinary action against a service officer under
arelevant disciplinary provision—Page
100Current as at 20 May 2013
Ambulance Service Act 1991Part 8
Savings and transitional provisions[s 98](a)thechiefexecutivemaycontinuetotakedisciplinaryactionagainstthepersonunderpart2,division4,subdivision 1; and(b)for
that purpose, anything done by the chief executive orcommissioner in relation to the disciplinary
action underthe relevant disciplinary provision is taken
to have beendonebythechiefexecutiveunderpart2,division4,subdivision 1.(3)In
this section—relevantdisciplinaryprovisionmeansadisciplinaryprovision of a
code of practice.98Disciplinary action against former
public serviceemployee or fire service officerPart2,division4,subdivision2onlyappliestoaserviceofficer who commenced employment under
section 13 afterthe commencement.99Disciplinary action against former service
officerPart 2, division 4, subdivisions 3 and 4
apply to a person whowas a service officer only if the
person’s employment undersection 13 ends after the
commencement.Current as at 20 May 2013Page
101
Ambulance Service Act 1991ScheduleScheduleDictionarysection 2ambulanceofficermeansanambulanceofficerappointedundersection13andanhonoraryambulanceofficerappointed under section 14.ambulanceservicemeansservicerelatingtotheworkofrenderingemergencytreatmentandpatientcareto,andthetransport of, sick and injured
persons.approved superannuation schememeans—(a)theQueenslandAmbulanceServiceSuperannuationScheme;
or(b)anothersuperannuationschemeapprovedbytheGovernor in Council under section
17.authorised officermeans an officer
authorised under section37.awardsee
theIndustrial Relations Act 1999,
schedule 5.blameworthy act, for part 4A,
division 4, see section 36I.chain of events
document, for part 4A, see section 36A.code
of practicemeans a code of practice under section
41.commencement, for part 8,
division 6, see section 96.commissionermeansthecommissioneroftheserviceappointed under
section 4.commissioning authority, for part 4A,
see section 36A.committeemeansalocalambulancecommitteeestablishedunder section
26.constitution,ofacommittee,meansthecommittee’sconstitution
under this Act.convictionincludes a plea
of guilty or a finding of guilt by acourt even
though a conviction is not recorded.Page 102Current as at 20 May 2013
Ambulance Service Act 1991Schedulecoroner,
for part 4A, see section 36A.disciplinary
actionsee section 18B(1).disciplinary
declaration, in relation to a person, means—(a)for a disciplinary declaration made
under a public sectordisciplinary law—(i)a
disciplinary declaration made under—(A)thePublicServiceAct2008,section188A(7);
or(B)thePolice Service
Administration Act 1990,section 7A.2(2);
or(C)the repealedMisconduct
Tribunals Act 1997or the QCAT Act; or(D)theFireandRescueServiceAct1990,section 30H(5); or(ii)a
declaration under a public sector disciplinary law(otherthanapublicsectordisciplinarylawmentionedinsubparagraph(i))thatstatesthedisciplinaryactionthatwouldhavebeentakenagainst the
person if the person’s employment hadnot ended;
or(b)otherwise, a disciplinary declaration
made under section18I(5).disciplinary
finding—(a)generallymeansafindingthatadisciplinarygroundexists; and(b)for
part 2, division 4, subdivision 2, see section 18D.disciplinary groundmeans a ground
for disciplining a serviceofficer under section 18A.employing chief executive,
for part 2, division 4, subdivision2, see section
18D.excludednotifiableconduct,forpart4A,division5,seesection 36L.Current as at 20
May 2013Page 103
Ambulance Service Act 1991SchedulePage
104fire service chief executivemeans the chief executive undertheFire and Rescue Service Act
1990.fire service officermeans a person
employed under theFireand Rescue
Service Act 1990, section 25.former service
officer, for part 2, division 4, subdivision
3,see section 18H(1)(a).Health
Practitioner Regulation National Law (Queensland)seetheHealthPractitionerRegulationNationalLawAct2009,
section 4.health servicesee theHospital and Health Boards Act 2011,schedule 2.honorary
ambulance officermeans a person appointed as anhonorary ambulance officer under section
14(1).impairment, for part 4A,
division 5, see section 36L.industrialagreementmeansanindustrialagreementoracertified
agreement under theIndustrial Relations Act 1999.industrial instrumentincludes—(a)an
award or industrial agreement; and(b)a
determination or rule of a commission, court, board,tribunal or other entity having authority
under a law ofthe Commonwealth or this State to exercise
powers ofconciliationorarbitrationforindustrialmattersorindustrial disputes.information, for part 4A,
division 5, see section 36L.medical
director, for part 4A, division 5, see section
36L.National Agency, for part 4A,
division 5, see section 36L.normal
remuneration, in relation to a service officer,
meansalloftheremunerationandotherentitlementstowhichtheofficer is or would be entitled, calculated
on the basis of—(a)the ordinary hours worked by the
officer; and(b)the amounts payable to the officer for
the hours workedbytheofficer,including,forexample,allowances,loadings and
penalties; andCurrent as at 20 May 2013
Ambulance Service Act 1991Schedule(c)anyotheramountspayabletotheofficerundertheofficer’s contract of
employment.notice, for part 4A,
see section 36A.previous chief executive, for part 2,
division 4, subdivision 2,see section 18D.publicrisknotifiableconduct,forpart4A,division5,seesection 36L.public sector
disciplinary lawmeans—(a)a
public sector disciplinary law under thePublic
ServiceAct 2008; or(b)theFire and Rescue
Service Act 1990, part 4, division 3.RCA
report, for part 4A, see section 36A.RCA
teamsee section 36A.registeredhealthpractitioner,forpart4A,division5,seesection 36L.relevantdisciplinaryground,forpart2,division4,subdivision 2, see section 18D.relevant disciplinary lawmeans—(a)this
Act or a disciplinary provision of a code of practice(includingacodeofpractice asinforce fromtime totime
before the commencement of this definition); or(b)alawofanotherStatethatprovidesforthesame,orsubstantially the same, matters as
this Act; or(c)acodeofpracticeorotherinstrumentunderalawmentionedinparagraph(b)providingfordisciplinarymatters;
or(d)a public sector disciplinary
law.relevantdisciplinaryprovision,forpart2,division4,subdivision 2, see section 18D.relevant person, for part 4A,
see section 36A.reportable eventsee section
36A.reprisalmeans a reprisal
mentioned in section 36X(3).Current as at 20
May 2013Page 105
Ambulance Service Act 1991Scheduleroot
cause analysisorRCAsee section
36B.serious disciplinary action, in
relation to a person, means—(a)disciplinaryactionunderarelevantdisciplinarylawinvolving—(i)termination of employment; or(ii)reduction of
classification level or rank; or(iii)transfer or redeployment to other
employment; or(iv)reduction of
remuneration level; or(b)adisciplinarydeclarationunderapublicsectordisciplinarylawthatstatesadisciplinaryactionmentioned in paragraph (a)(i) or (ii) as the
disciplinaryaction that would have been taken against
the person ifthe person’s employment had not
ended.servicemeans the
Queensland Ambulance Service.service
officermeans a person employed under section
13(1).takes a reprisalmeans the taking
of a reprisal as mentioned insection
36X(3).Page 106Current as at 20
May 2013
Ambulance Service Act 1991Endnotes3KeyKey to
abbreviations in list of legislation and annotationsKeyAIAamdamdtchdefdivexpgazhdginslapnotfdnumo in
comorigpparaprecpresprevExplanation=Acts
Interpretation Act 1954=amended=amendment=chapter=definition=division=expires/expired=gazette=heading=inserted=lapsed=notified=numbered=order in council=omitted=original=page=paragraph=preceding=present=previousKey(prev)procprovptpubdR[X]RArelocrenumrep(retro)rvsschsdivSIASIRSLsubunnumExplanation=previously=proclamation=provision=part=published=Reprint No. [X]=Reprints Act 1992=relocated=renumbered=repealed=retrospectively=revised version=section=schedule=subdivision=Statutory Instruments Act 1992=Statutory Instruments Regulation
2002=subordinate legislation=substituted=unnumbered4Table of reprintsA new reprint of
the legislation is prepared by the Office of the Queensland
ParliamentaryCounsel each time a change to the legislation
takes effect.The notes column for this reprint gives
details of any discretionary editorial powers undertheReprints Act 1992used by the
Office of the Queensland Parliamentary Counsel inpreparing it. Section 5(c) and (d) of the Act
are not mentioned as they contain mandatoryrequirementsthatallamendmentsbeincludedandallnecessaryconsequentialamendments be
incorporated, whether of punctuation, numbering or another kind.
Furtherdetails of the use of any discretionary
editorial power noted in the table can be obtained bycontacting the Office of the Queensland
Parliamentary Counsel by telephone on 32370466 or email
legislation.queries@oqpc.qld.gov.au.From29January2013,allQueenslandreprintsaredatedandauthorisedbytheParliamentary Counsel. The previous
numbering system and distinctions between printedand
electronic reprints is not continued with the relevant details for
historical reprintsincluded in this table.ReprintNo.122A2B2CAmendments to1992 Act No.
361995 Act No. 571996 Act No.
541996 Act No. 611997 Act No.
6Effective2 July
199228 November 19951 December
199620 December 19961 August
1997Reprint date1 August
199221 December 19954 December
199615 April 199712 August
1997Page 108Current as at 20
May 2013
Ambulance Service Act 1991EndnotesReprintNo.344A4B4C4D55A5B5C5DAmendments to1997 Act No.
61998 Act No. 371999 Act No.
191999 Act No. 331999 Act No.
422000 Act No. 162000 Act No.
162001 Act No. 452001 Act No.
762001 Act No. 762001 Act No.
76Effective1 August
199713 November 199830 April
19991 July 19991 December
19991 July 20001 July
200015 July 200113 November
200128 February 20021 March
2002ReprintNo.5DAAmendments included—Effective14 November
20025E rv5F rv5G rv5H
rv2002 Act No. 602002 Act No.
742003 Act No. 192003 Act No.
346 December 20021 April
20039 May 20031 July
20036 rv—1 July
20036A rv6B77A7B7C7D7E7F7G88A2004
Act No. 532005 Act No. 482007 Act No.
282008 Act No. 642008 Act No.
642009 Act No. 92009 Act No.
252010 Act No. 142010 Act No.
372010 Act No. 35—2011
Act No. 32 (amd2012 Act No. 9)2012 Act No.
1029 November 20041 December
200520 March 20081 January
20092 March 20091 July
20092 November 20091 July
20101 November 20101 December
20101 December 20101 July
2012Current as at20 May 2013Amendments included2013 Act No.
13Reprint date20 January
19981 December 199810 May
199923 July 19991 December
199914 July 200025 July
200027 July 200123 November
200128 February 200215 March
2002Notesprov exp 13
November2002R5H rv withdrawn, seeR6
rvRevision notice issuedfor R6R7G
withdrawn, see R8Notes5List
of legislationAmbulance Service Act 1991 No. 36date
of assent 12 June 1991Current as at 20 May 2013Page
109
Ambulance Service Act 1991Endnotesss 1,
1.2 commenced on date of assentremaining
provisions commenced 1 July 1991 (proc pubd gaz 22 June 1991 p
976)amending legislation—Statute Law
(Miscellaneous Provisions) Act 1991 No. 97 ss 1–3 sch 2date
of assent 17 December 1991commenced on date of assentStatute Law (Miscellaneous Provisions) Act
1992 No. 36 ss 1–2 sch 2date of assent 2 July 1992commenced on date of assentLocal
Government Act 1993 No. 70 ss 1–2, 804 schdate of assent 7
December 1993ss 1–2 commenced on date of assentremaining provisions commenced 26 March 1994
(see s 2(5))Statute Law (Miscellaneous Provisions) Act
1994 No. 15 ss 1–3 sch 2date of assent 10 May 1994commenced on date of assentStatute Law (Miscellaneous Provisions) Act
(No. 2) 1994 No. 87 ss 1–3 sch 1date of assent 1
December 1994commenced on date of assentStatutory Authorities Superannuation
Legislation Amendment Act 1995 No. 36 ss1–2, 9 sch
2date of assent 16 June 1995commenced on date of assentStatute Law Revision Act 1995 No. 57 ss 1–2,
4 sch 1date of assent 28 November 1995commenced on date of assentPublic Service Act 1996 No. 37 ss 1–2, 147
sch 2date of assent 22 October 1996ss
1–2 commenced on date of assentremaining
provisions commenced 1 December 1996 (1996 SL No. 361)Statutory Bodies Financial Arrangements
Amendment Act 1996 No. 54 ss 1–2, 9 schdate of assent 20
November 1996ss 1–2 commenced on date of assents 9
sch amdt 1 commenced 1 August 1997 (1997 SL No. 229)remaining provisions commenced 1 June 1997
(1997 SL No. 128)Health Legislation Amendment Act (No. 2) 1996
No. 61 ss 1–2, 15 schdate of assent 9 December 1996ss
1–2 commenced on date of assentremaining
provisions commenced 20 December 1996 (1996 SL No. 402)Ambulance Service Amendment Act 1997 No.
6date of assent 15 May 1997ss
1–2 commenced on date of assentPage 110Current as at 20 May 2013
Ambulance Service Act 1991Endnotesremaining
provisions commenced 13 July 1997 (1997 SL No. 216)Emergency Services Legislation Amendment Act
1998 No. 37 pts 1–2, s 2 schdate of assent 13
November 1998commenced on date of assentStatute Law (Miscellaneous Provisions) Act
1999 No. 19 ss 1–3 schdate of assent 30 April 1999commenced on date of assentCharitable and Non-Profit Gaming Act 1999 No.
26 ss 1–2, 196 sch 1date of assent 16 June 1999ss
1–2 commenced on date of assentremaining
provisions commenced 1 December 1999 (1999 SL No. 282)Industrial Relations Act 1999 No. 33 ss 1,
2(2), 747 sch 3date of assent 18 June 1999ss
1–2 commenced on date of assentremaining
provisions commenced 1 July 1999 (1999 SL No. 159)Road
Transport Reform Act 1999 No. 42 ss 1–2(1), 54(3) sch pt 3date
of assent 2 September 1999ss 1–2 commenced on date of
assentremaining provisions commenced 1 December
1999 (see s 2(1))Police Powers and Responsibilities Act 2000
No. 5 ss 1–2, 461 (prev 373) sch 3date of assent 23
March 2000ss 1–2 commenced on date of assentremaining provisions commenced 1 July 2000
(see s 2(1), (3) and 2000 SL No. 174)Mental Health Act
2000 No. 16 ss 1–2, 590 sch 1 pt 2date of assent 8
June 2000ss 1–2, 590 commenced on date of assent (see
s 2(1))remaining provisions commenced 28 February
2002 (2002 SL No. 27)Medical Practitioners Registration Act
2001 No. 7 ss 1–2, 302 sch 2date of assent 11
May 2001ss 1–2 commenced on date of assentremaining provisions commenced 1 March 2002
(2002 SL No. 30)Corporations (Ancillary Provisions) Act 2001
No. 45 ss 1–2, 29 sch 3date of assent 28 June 2001ss
1–2 commenced on date of assentsch3commenced15July2001(sees2(2)ofAct2001No.45(Qld)andCorporations Act 2001 No. 50 (Cwlth) and
proc pubd Cwlth of Australia gaz 13July 2001, No.
S285)remaining provision commenced immediately
before 15 July 2001 (see s 2(1) of Act2001 No. 45 (Qld)
and Corporations Act 2001 No. 50 (Cwlth) and proc pubdCwlth
of Australia gaz 13 July 2001, No. S285)Emergency
Services Legislation Amendment Act 2001 No. 76 pts 1–2, s 2 sch
1date of assent 13 November 2001commenced on date of assentCurrent as at 20 May 2013Page
111
Ambulance Service Act 1991EndnotesEmergency Services Legislation Amendment Act
2002 No. 60 pts 1–2, s 23 schdate of assent 14
November 2002ss 1–2 commenced on date of assentremaining provisions commenced 6 December
2002 (2002 SL No. 333)Discrimination Law Amendment Act 2002
No. 74 ss 1–2, 90 schdate of assent 13 December 2002ss
1–2 commenced on date of assents 90 commenced 31
March 2003 (2003 SL No. 51)remaining provisions commenced 1 April
2003 (2003 SL No. 51)Statute Law (Miscellaneous Provisions)
Act 2003 No. 19 ss 1, 3 schdate of assent 9 May 2003commenced on date of assentCommunity Ambulance Cover Act 2003 No. 34 ss
1–2, pt 12date of assent 29 May 2003ss
1–2 commenced on date of assentremaining
provisions commenced 1 July 2003 (see s 2)Statute Law
(Miscellaneous Provisions) Act 2004 No. 53date of assent 29
November 2004commenced on date of assentPublic Health Act 2005 No. 48 ss 1–2, 492 sch
1date of assent 2 November 2005ss
1–2 commenced on date of assentremaining
provisions commenced 1 December 2005 (2005 SL No. 280)Health and Other Legislation Amendment Act
2007 No. 28 pts 1, 6date of assent 28 May 2007ss
1–2 commenced on date of assentremaining
provisions commenced 20 March 2008 (2008 SL No. 68)Emergency Services Legislation Amendment Act
2008 No. 64 pts 1–2date of assent 27 November 2008ss
1–2 commenced on date of assentss 3–5, 9, 11–13
commenced 1 January 2009 (2008 SL No. 438)remaining
provisions commenced 2 March 2009 (2008 SL No. 438)Financial Accountability Act 2009 No. 9 ss 1,
2(2), 136 sch 1date of assent 28 May 2009ss
1–2 commenced on date of assentremaining
provisions commenced 1 July 2009 (2009 SL No. 80)CriminalCodeandOtherLegislation(Misconduct,BreachesofDisciplineandPublic Sector Ethics) Amendment Act 2009 No.
25 pt 1, s 83 schdate of assent 11 August 2009ss
1–2 commenced on date of assentremaining
provisions commenced 2 November 2009 (2009 SL No. 241)Page
112Current as at 20 May 2013
Ambulance Service Act 1991EndnotesHealth
Legislation (Health Practitioner Regulation National Law) Amendment
Act2010 No. 14 pts 1–2, s 3 schdate
of assent 21 April 2010ss 1–2 commenced on date of
assentremaining provisions commenced 1 July 2010
(see s 2)Building and Other Legislation Amendment Act
(No. 2) 2010 No. 35 pts 1–2date of assent 20 September
2010ss 1–2 commenced on date of assentremaining provisions commenced 1 December
2010 (2010 SL No. 308)Integrity Reform (Miscellaneous
Amendments) Act 2010 No. 37 pts 1–2date of assent 20
September 2010ss 1–2 commenced on date of assentremaining provisions commenced 1 November
2010 (2010 SL No. 303)Hospital and Health Boards Act 2011 No.
32 ss 1–2, 332 sch 1 pt 2 (prev Health andHospitals
Network Act 2011) (this Act is amended, see amending
legislationbelow)date of assent 28
October 2011ss 1–2 commenced on date of assentremaining provisions commenced 1 July 2012
(2012 SL No. 61 item 3) (previousproclamation 2012
SL No. 23 item 3 was rep (2012 SL No. 61))amending
legislation—Health and Hospitals Network and Other
Legislation Amendment Act 2012No. 9 ss 1–2(1),
47 (amends 2011 No. 32 above)date of assent 27
June 2012ss 1–2 commenced on date of assentremaining provisions commenced 1 July 2012
(see s 2(1))Health Legislation (Health Practitioner
Regulation National Law) Amendment Act2012 No. 10 pts
1–2date of assent 27 June 2012ss
1–2 commenced on date of assentremaining
provisions commenced 1 July 2012 (see s 2)Health
Practitioner Registration and Other Legislation Amendment Act 2013
No. 13ss 1–2(1), pt 2date of assent 27
March 2013ss 1–2 commenced on date of assentremaining provisions commenced 20 May 2013
(2013 SL No. 69 item 1)Current as at 20 May 2013Page
113
Ambulance Service Act 1991Endnotes6List of annotationsThis
reprint has been renumbered—see table of renumbered provisions in
endnote 8.PART 1—PRELIMINARYCommencement1.2om R2
(see RA s 37)Definitionsprov hdgsub
1997 No. 6 s 4(1)s 2amd 2002 No. 60 s 4(1)Note—s 2 contained definitions for this Act.
Definitions are now located inthe
schedule—Dictionary.Administration of Acts
3amd 1997 No. 6 s 3 schom 1998 No. 37 s
4PART 2—QUEENSLAND AMBULANCE SERVICEDivision 1—Queensland Ambulance
Servicediv hdgins 1997 No. 6 s
5Establishment of services 3Ains
1997 No. 6 s 5sub 2001 No. 76 s 4Membership of
services 3Bins 1997 No. 6 s 5sub 2001 No. 76 s
4Service represents the States
3Cins 1997 No. 6 s 5amd 2001 No. 45 s
29 sch 3om 2001 No. 76 s 4Service’s
functionss 3Dins 1997 No. 6 s 5amd 2001 No. 76 s
5; 2008 No. 64 s 4Chief executive’s responsibilitys
3Eins 1997 No. 6 s 5sub 2001 No. 76 s
6Division 2—The commissionerdiv
hdgins 1997 No. 6 s 5sub 1998 No. 37 s
5om 2001 No. 76 s 6ins 2010 No. 37 s
4Chief executive officer of services
3Fins 1997 No. 6 s 5sub 1998 No. 37 s
5om 2001 No. 76 s 6Page 114Current as at 20 May 2013
Ambulance Service Act 1991EndnotesMinister’s powers
to give directionss 3Gins 1997 No. 6 s 5sub 1998 No. 37 s
5om 2001 No. 76 s 6Minister’s power
to give directionss 3Hins 1997 No. 6 s 5om 1998 No. 37 s
5Membership of boards 3Iins
1997 No. 6 s 5om 1998 No. 37 s 5Term of office of
appointed memberss 3Jins 1997 No. 6 s 5om 1998 No. 37 s
5Remuneration and allowances of appointed
memberss 3Kins 1997 No. 6 s 5om 1998 No. 37 s
5Time and place of meetingss
3Lins 1997 No. 6 s 5om 1998 No. 37 s
5Conduct of proceedingss 3Mins
1997 No. 6 s 5om 1998 No. 37 s 5Authentication of
documentss 3Nins 1997 No. 6 s 5om 1998 No. 37 s
5Disclosure of interestss 3Oins
1997 No. 6 s 5om 1998 No. 37 s 5Minutess
3Pins 1997 No. 6 s 5om 1998 No. 37 s
5Appointment of commissioners
4amd 1997 No. 6 s 3 schActing
commissioners 4Ains 1997 No. 6 s 6amd 2002 No. 60 s
5Disqualification from appointments
5amd 2000 No. 16 s 590 sch 1 pt 2Queensland Ambulance Services
7om 1997 No. 6 s 7Current as at 20
May 2013Page 115
Ambulance Service Act 1991EndnotesFunctions of Queensland Ambulance
Services 8om 1997 No. 6 s 7Role of
commissioners 9sub 1997 No. 6 s 8amd 1998 No. 37 s
2 sch; 2001 No. 76 s 7; 2008 No. 64 s 5Division 3—Staff
of the service generallydiv hdgins 1997 No. 6 s
5om 2010 No. 37 s 4ins 2010 No. 37 s
5Finances 10om
1997 No. 6 s 9Authentication of documentss
11om 1997 No. 6 s 9Delegations
12om 1997 No. 6 s 9Employeess
13amd 1996 No. 37 s 147 sch 2; 1997 No. 6 s 3
sch; 1998 No. 37 s 2 sch; 1999No. 33 s 747 sch
3; 2001 No. 76 s 8Requirement to disclose previous history of
serious disciplinary actions 13Ains
2010 No. 37 s 6Honorary ambulance officerss
14amd 1997 No. 6 s 3 sch; 2001 No. 76 s 2 sch
1Officers employed under this Acts
15sub 1996 No. 37 s 147 sch 2amd
1997 No. 6 s 3 sch; 2009 No. 25 s 83 schNo additional
remunerations 16amd 1997 No. 6 s 3 sch; 2001 No. 76 s
2 sch 1Superannuation schemes 17sub
1997 No. 6 s 10amd 2001 No. 76 s 2 sch 1Retrenchment and redundancys
18amd 1997 No. 6 s 3 sch; 2001 No. 76 s 2 sch
1Division 4—Disciplinary action for service
officers and former service officersdiv hdgins
2010 No. 37 s 8Subdivision 1—Grounds and disciplinary action
generallysdiv 1 (ss 18A–18B)ins 2010 No. 37 s
8Subdivision 2—Disciplinary action against a
service officer who was a public serviceemployee or fire
service officersdiv 2 (ss 18C–18G)ins 2010 No. 37 s
8Page 116Current as at 20
May 2013
Ambulance Service Act 1991EndnotesSubdivision
3—Disciplinary action against a former service officersdiv
3 (ss 18H–18I)ins 2010 No. 37 s 8Subdivision
4—Provisions about information about disciplinary actionsdiv
4 (ss 18J–18L)ins 2010 No. 37 s 8Subdivision
5—Other provisions about disciplinary action etc.sdiv
5 (ss 18M–18P)ins 2010 No. 37 s 8PART 3—THE
CORPORATIONpt hdgom 1997 No. 6 s
12Division 5—Other matters about the
servicediv hdg(prev div 4 hdg)
ins 1997 No. 6 s 11renum 2010 No. 37 s 7Funds
19prev s 19 om 1997 No. 6 s 12pres
s 19 ins 1997 No. 6 s 11amd 1998 No. 37 s 2 schsub
2001 No. 76 s 9amd 2003 No. 34 s 157; 2009 No. 9 s 136 sch
1Application of certain Actss
20orig s 20 amd 1996 No. 54 s 9 schom
1997 No. 6 s 12prev s 20 ins 1997 No. 6 s 11amd
1998 No. 37 s 6om 2001 No. 76 s 9Seals
21prev s 21 om 1997 No. 6 s 12ins
1997 No. 6 s 11om 2001 No. 76 s 9Delegationss 22prev
s 22 om 1997 No. 6 s 12pres s 22 ins 1997 No. 6 s 11amd
2001 No. 76 s 2 sch 1Requirement to report pool immersion
incidents 23prev s 23 om 1997 No. 6 s 12pres
s 23 ins 2010 No. 35 s 4amd 2011 No. 32 s 332 sch 1 pt 2 (amd
2012 No. 9 s 47)Relationship to the Crowns 24om
1997 No. 6 s 12Restriction on power to acquire or dispose of
lands 25om 1997 No. 6 s 12Property not
subject to ratess 3.8om 1993 No. 70 s 804 schCurrent as at 20 May 2013Page
117
Ambulance Service Act 1991EndnotesPART
4—LOCAL AMBULANCE COMMITTEESDivision
1—Establishment and functions of committeesdiv hdgins
2002 No. 60 s 23 schFunctions of committeess
27amd 1997 No. 6 s 3 schDivision
2—Conduct of business and membership of committeesdiv
hdgins 2002 No. 60 s 23 schConduct of
businessprov hdgsub 2002 No. 60 s
6(1)s 28amd 2002 No. 60 s 6(2)–(3)Members of committeess 29amd
1991 No. 97 s 3 sch 2; 1997 No. 6 s 3 sch; 2000 No. 16 s 590 sch 1
pt 2;2002 No. 60 s 7; 2003 No. 34 s 158Dealing with vacancy in office of a
members 29Ains 2002 No. 60 s 8amd
2003 No. 34 s 159Division 3—Other matters about
committeesdiv hdgins 2002 No. 60 s
9Minister may approve or amend
constitutions 31Ains 2002 No. 60 s 9Commissioner to give constitution to
committeess 31Bins 2002 No. 60 s 9Committees are statutory bodiess
32sub 1996 No. 54 s 9 schApplication of
lawss 33amd 1995 No. 57 s 4 sch 1; 1998 No. 37
s 2 sch; 1999 No. 26 s 196 sch 1Effect of
dissolutions 36amd 1992 No. 36 s 2 sch 2; 1997 No. 6
s 3 sch; 2001 No. 76 s 2 sch 1PART 4A—ROOT
CAUSE ANALYSESpt hdgins 2007 No. 28 s
50Division 1—Preliminarydiv 1 (ss
36A–36D)ins 2007 No. 28 s 50Division 2—RCA
teamsdiv 2 (ss 36E–36F)ins 2007 No. 28 s
50Division 3—Reportingdiv 3 (ss
36G–36H)ins 2007 No. 28 s 50Division
4—Stopping conduct of RCA of reportable eventdiv hdgins
2007 No. 28 s 50Page 118Current as at 20
May 2013
Ambulance Service Act 1991EndnotesDefinition for
div 4s 36Iins 2007 No. 28 s 50Stopping conduct of RCA of reportable
event—RCA teams 36Jins 2007 No. 28 s 50Stopping conduct of RCA of reportable
event—commissioning authoritys 36Kins
2007 No. 28 s 50amd 2010 No. 14 s 3 sch; 2013 No. 13 s
4Division 5—Disclosure or release of
informationdiv hdgins 2007 No. 28 s
50Definitions for div 5s 36Lins
2007 No. 28 s 50defexcluded notifiable conductins
2010 No. 14 s 4defimpairmentins 2010 No. 14 s
4defNational Agencyins 2010 No. 14 s
4defpublic risk notifiable conductins
2010 No. 14 s 4defregistered health practitionerins
2010 No. 14 s 4Disclosure of information—RCA team member or
relevant persons 36Mins 2007 No. 28 s 50amd
2010 No. 14 s 5Disclosure of information—commissioning
authority or relevant persons 36Nins
2007 No. 28 s 50Information about excluded notifiable
conducts 36NAins 2010 No. 14 s
6Release of information to Health Quality and
Complaints Commissions 36Oins 2007 No. 28 s
50Giving of copy of RCA report or chain of
events document—medical directors 36Pins
2007 No. 28 s 50Giving of copy of RCA report
etc.—investigation under the Coroners Act 2003s 36Qins
2007 No. 28 s 50Giving of information to Minister or chief
executives 36Rins 2007 No. 28 s 50Givingofcopyof,orinformationcontainedin,RCAreport—personwhohassufficient personal or professional
interests 36Sins 2007 No. 28 s 50Information not to be given in
evidences 36Tins 2007 No. 28 s 50Informationprovidercannotbecompelledtogiveparticularinformationinevidences 36Uins
2007 No. 28 s 50Current as at 20 May 2013Page
119
Ambulance Service Act 1991EndnotesDivision 6—Protectionsdiv 6 (ss
36V–36Z)ins 2007 No. 28 s 50Division
7—Miscellaneousdiv hdgins 2007 No. 28 s
50Application of provisions of this parts
36ZAins 2007 No. 28 s 50RCA report not
admissible in evidences 36ZBins 2007 No. 28 s
50amd 2010 No. 14 s 3 sch; 2013 No. 13 s
5Review of pt 4As 36ZCins
2007 No. 28 s 50PART 5—ADMINISTRATION AND POWERSAuthorised officerss 37amd
1997 No. 6 s 3 schPowers of authorised officerss
38amd 1998 No. 37 s 2 schProtection from
certain liabilitys 39amd 1997 No. 6 s 3 sch; 2001 No. 76 s
2 sch 1Power to accept gifts etc.s
40amd 1997 No. 6 ss 13, 3 sch; 2001 No. 76 s 2
sch 1Codes of practices 41amd
1997 No. 6 s 3 sch; 1998 No. 37 s 2 schPART
5A—INVESTIGATION OFFICERSpt hdgins 2008 No. 64 s
6Division 1—Investigation officersdiv 1
(ss 41A–41G)ins 2008 No. 64 s 6Division 2—Powers
of investigation officersdiv 2 (ss 41H–41K)ins 2008 No. 64 s
6Division 3—Protection from liabilitydiv 3
(s 41L)ins 2008 No. 64 s 6PART
6—OFFENCESRight of way to ambulancess
42amd 1997 No. 6 s 3 sch; 1998 No. 37 s 2 sch;
1999 No. 19 s 3 sch; 1999 No.42 s 54(3) sch pt
3Unauthorised ambulance transports
43amd 1997 No. 6 s 3 sch; 2001 No. 76 s 2 sch
1; 2011 No. 32 s 332 sch 1 pt 2(amd 2012 No. 9 s
47)Page 120Current as at 20
May 2013
Ambulance Service Act 1991EndnotesFailure to help
investigation officers 44prev s 44 amd
1991 No. 97 s 3 sch 2; 1996 No. 61 s 15 sch; 1997 No. 6 s 3sch;
2001 No. 7 s 302 sch 2om 2003 No. 34 s 160pres
s 44 ins 2008 No. 64 s 7Failure to answer questionss
45prev s 45 amd 1991 No. 97 s 3 sch 2; 1997
No. 6 s 3 schom 2003 No. 34 s 161pres s 45 ins
2008 No. 64 s 7Failure to give name or addresss
45Ains 2008 No. 64 s 7False or
misleading statementss 45Bins 2008 No. 64 s
7False or misleading documentss
45Cins 2008 No. 64 s 7Obstructions 46amd
2000 No. 5 s 461 sch 3False calls for ambulance
services 47amd 1997 No. 6 s 3 sch; 2001 No. 76 s
2 sch 1sub 2008 No. 64 s 8Restricted use of
words ‘Ambulance Service’s 48amd 1991 No. 97 s
3 sch 2; 1997 No. 6 s 3 sch; 2001 No. 76 s 2 sch 1; 2003No.
34 s 162; 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47)Unauthorised disclosure of confidential
information by a designated officers 49amd
1997 No. 6 s 3 sch; 2001 No. 7 s 302 sch 2; 2002 No. 74 s 90
schsub 2008 No. 64 s 9Unauthorised
disclosure of confidential information by an informed persons
49Ains 2008 No. 64 s 9Proceedings for
offencess 50amd 2001 No. 76 s 2 sch 1; 2007 No. 28
s 51Proceedings for indictable offencess
50Ains 2007 No. 28 s 52Limitation on who
may summarily hear indictable offences 50Bins
2007 No. 28 s 52Order for payment if guilty of false
calls 50Cins 2008 No. 64 s 10PART
7—GENERALDivision 1—Confidentialitydiv
hdgins 2008 No. 64 s 11Current as at 20
May 2013Page 121
Ambulance Service Act 1991EndnotesDefinitions for div 1s 50Dins
2008 No. 64 s 11defhealth practitioner registration
Actom 2010 No. 14 s 3 schdefhealth professionalsub 2010 No. 14 s
3 sch; 2012 No. 10 s 4Disclosure required or permitted by
laws 50Eins 2008 No. 64 s 11Disclosure with consents 50Fins
2008 No. 64 s 11Disclosure to person who has sufficient
interest in health and welfare of persons 50Gins
2008 No. 64 s 11Disclosure of confidential information for
care or treatment of persons 50Hins
2008 No. 64 s 11Disclosure is general condition of
persons 50Iins 2008 No. 64 s 11Disclosure to police or corrective services
officerss 50Jins 2008 No. 64 s 11Disclosure for administering, monitoring or
enforcing compliance with Acts 50Kins
2008 No. 64 s 11Disclosure to Commonwealth, another State or
Commonwealth or State entitys 50Lins
2008 No. 64 s 11Disclosure to Health Quality and Complaints
Commissions 50Mins 2008 No. 64 s 11Disclosure to Australian Red Cross
Societys 50Nins 2008 No. 64 s 11Disclosure to person performing function
under Coroners Act 2003s 50Oins 2008 No. 64 s
11Disclosure is authorised by chief
executives 50Pins 2008 No. 64 s 11Necessary or incidental disclosures
50Qins 2008 No. 64 s 11Application of
this division to former designated officerss 50Rins
2008 No. 64 s 11Division 2—Other mattersdiv hdgins
2008 No. 64 s 11Exemption from tollss 51amd
1997 No. 6 s 3 schService of documentss 53amd
1997 No. 6 s 3 schom 2001 No. 76 s 2 sch 1Page 122Current as at 20 May 2013
Ambulance Service Act 1991EndnotesFunction of
Emergency Services Advisory Councils 53Ains
1998 No. 37 s 7amd 2003 No. 19 s 3 sch; 2008 No. 64 s
12Exemption from payment for ambulance
services 53Bins 2003 No. 34 s 163amd
2004 No. 53 s 2 schAgreement about payment for ambulance
services 53Cins 2003 No. 34 s 163amd
2004 No. 53 s 2 sch; 2005 No. 48 sch 1; 2011 No. 32 s 332 sch 1 pt
2(amd 2012 No. 9 s 47)Recovery of fees
and chargess 53Dins 2003 No. 34 s 163Regulation-making powerprov hdgamd
2003 No. 34 s 164(1)s 54amd 1995 No. 57 s
4 sch 1; 1997 No. 6 s 3 sch; 2001 No. 76 s 2 sch 1; 2003No.
34 s 164(2)–(6); 2007 No. 28 s 53PART 8—SAVINGS
AND TRANSITIONAL PROVISIONSpt hdgsub
1997 No. 6 s 14Division1—ProvisionsforActbeforecommencementofEmergencyServicesLegislation Amendment Act 1998div
hdgins 1998 No. 37 s 2 schDefinitionss 54Ains
1997 No. 6 s 15amd 1998 No. 37 s 2 schSuperannuation
entitlementss 55amd 1994 No. 87 s 3 sch 1; 1995 No. 36
s 9 sch 2References to the board and previous
committeess 56amd 1997 No. 6 s 16Dissolution of boards 8.1om
1991 No. 97 s 3 sch 2Employment of staff of Board and
previous Committeess 8.2om 1995 No. 57 s 4 sch 1Honorary ambulance officerss
8.3om 1991 No. 97 s 3 sch 2Previous
committeess 8.4om 1991 No. 97 s 3 sch 2Transfer of assets and liabilities of the
boards 8.6om 1991 No. 97 s 3 sch 2Transfer of assets and liabilities of
previous committeess 8.7om 1991 No. 97 s 3 sch 2Current as at 20 May 2013Page
123
Ambulance Service Act 1991EndnotesReferences to Ambulance Services Act
1967s 57ins 1994 No. 15 s 3 sch 2Numbering and renumbering of Acts
8.9orig s 8.9 om 1991 No. 97 s 3 sch 2prev
s 8.9 ins 1995 No. 57 s 4 sch 1om R2 (see RA s
37)Duty to facilitate transfer of property
etc.s 8.10om 1995 No. 57 s
4 sch 1Savings and transitionals 8.11om
1995 No. 57 s 4 sch 1Repealss 8.12om
1991 No. 97 s 3 sch 2References to corporation and former
services 58ins 1997 No. 6 s 17Vesting of assetss 59ins
1997 No. 6 s 17Legal proceedingss 60ins
1997 No. 6 s 17Ambulance officerss 61ins
1997 No. 6 s 17Medical officerss 62ins
1997 No. 6 s 17Administrative and service officerss
63ins 1997 No. 6 s 17Conditions of
employment of transferred officerss 64ins
1997 No. 6 s 17Honorary ambulance officerss
65ins 1997 No. 6 s 17Trustss
66ins 1997 No. 6 s 17Duty to assist
transfer of propertys 67ins 1997 No. 6 s
17amd 1998 No. 37 s 2 schDivision
2—Provision for Emergency Services Legislation Amendment Act
1998div hdgins 1998 No. 37 s
8Board members go out of offices
68prev s 68 ins 1997 No. 6 s 17exp
13 July 1998 (see s 68(2))pres s 68 ins 1998 No. 37 s 8Page
124Current as at 20 May 2013
Ambulance Service Act 1991EndnotesDivision
3—Provisions for Emergency Services Legislation Amendment Act
2001div hdgins 2001 No. 76 s
10Definitions for div 3s 69ins
2001 No. 76 s 10Former service dissolveds 70ins
2001 No. 76 s 10Superannuation entitlementss
71ins 2001 No. 76 s 10References to
former services 72ins 2001 No. 76 s 10Vesting of assetss 73ins
2001 No. 76 s 10Legal or disciplinary proceedingss
74ins 2001 No. 76 s 10Suspensions
75ins 2001 No. 76 s 10Service
officerss 76ins 2001 No. 76 s 10Conditions of employment of transferred
officerss 77ins 2001 No. 76 s 10Honorary ambulance officerss
78ins 2001 No. 76 s 10Trustss
79ins 2001 No. 76 s 10Duty to help
transfer of propertys 80ins 2001 No. 76 s
10Things taken to have been done etc. by
commissioners 81ins 2001 No. 76 s 10Things taken to have been done etc. by chief
executives 82ins 2001 No. 76 s 10Other
things taken to have been done etc. by chief executives
83ins 2001 No. 76 s 10Other things
taken to have been done etc. by the States 84ins
2001 No. 76 s 10Closure of Ambulance Service Funds
85ins 2001 No. 76 s 10Transitional
regulation-making powers 86ins 2001 No. 76 s
10Current as at 20 May 2013Page
125
Ambulance Service Act 1991Endnotesexp
13 November 2002 (see s 86(3))Division
4—Provisions for Emergency Services Legislation Amendment Act
2002div 4 (ss 87–91)ins 2002 No. 60 s
10Division 5—Provisions for Community Ambulance
Cover Act 2002div 5 (ss 92–95)ins 2003 No. 34 s
165Division 6—Provisions for Integrity Reform
(Miscellaneous Provisions) AmendmentAct 2010div 6
(ss 96–99)ins 2010 No. 37 s 9SCHEDULE—DICTIONARYsch hdgins
2002 No. 60 s 23 schschNote—definitions
for this Act were originally located in prev s 2.defambulance officerreloc 2002 No. 60
s 4(3)defambulance servicereloc 2002 No. 60
s 4(3)amd 2008 No. 64 s 13(2)defappointed memberins 1997 No. 6 s
4(3)om from prev s 2 1998 No. 37 s 2 schdefapproved superannuation schemeins
1997 No. 6 s 4(3)reloc 2002 No. 60 s 4(3)defauthorised officerreloc 2002 No. 60
s 4(3)defawardins 2010 No. 37 s
10defblameworthy actins 2007 No. 28 s
54defboardsub 1997 No. 6 s
4(2)–(3)om from prev s 2 1998 No. 37 s 2 schdefchain of events documentins
2007 No. 28 s 54defchief executive officerins
1998 No. 37 s 2 schom from prev s 2 2001 No. 76 s 3defcode of practiceins 2010 No. 37 s
10defcommencementins 2010 No. 37 s
10defcommissioneramd 1997 No. 6 s
4(4)reloc 2002 No. 60 s 4(3)defcommissioning authorityins 2007 No. 28 s
54defcommitteereloc 2002 No. 60
s 4(3)defconstitutionins 2002 No. 60 s
4(2)reloc 2002 No. 60 s 4(3)defconvictionins 1997 No. 6 s
4(3)reloc 2002 No. 60 s 4(3)defcoronerins 2007 No. 28 s
54defcorporationom from prev s 2
1997 No. 6 s 4(2)defdirectorom from prev s 2
1997 No. 6 s 4(2)defdisciplinary actionins
2010 No. 37 s 10defdisciplinary declarationins
2010 No. 37 s 10defdisciplinary findingins
2010 No. 37 s 10defdisciplinary groundins
2010 No. 37 s 10defemploying chief executiveins
2010 No. 37 s 10defemployeeof a previous
committeeom from prev s 2 1997 No. 6 s 4(2)defemployee of the boardom
from prev s 2 1997 No. 6 s 4(2)Page 126Current as at 20 May 2013
Ambulance Service Act 1991Endnotesdefexcluded notifiable conductins
2010 No. 14 s 7deffire service chief executiveins
2010 No. 37 s 10deffire service officerins
2010 No. 37 s 10defformer service officerins
2010 No. 37 s 10defHealth Practitioner Regulation
National Law (Queensland)ins 2012No. 10 s 5defhealth serviceins 2008 No. 64 s
13(1)sub 2011 No. 32 s 332 sch 1 pt 2 (amd 2012
No. 9 s 47)defhonorary ambulance officerins
2008 No. 64 s 13(1)defimpairmentins 2010 No. 14 s
7defindustrial agreementins
2010 No. 37 s 10defindustrial instrumentins
2010 No. 37 s 10definformationins 2007 No. 28 s
54defmedical directorins 2007 No. 28 s
54defNational Agencyins 2010 No. 14 s
7defnormal remunerationins
2010 No. 37 s 10defnoticeins 2007 No. 28 s
54defofficer of the Queensland Ambulance
Serviceom from prev s 2 1997 No.6 s
4(2)defprevious chief executiveins
2010 No. 37 s 10defprevious committeeom from prev s 2
1997 No. 6 s 4(2)defpublic risk notifiable conductins
2010 No. 14 s 7defpublic sector disciplinary lawins
2010 No. 37 s 10defRCA reportins 2007 No. 28 s
54defRCA teamins 2007 No. 28 s
54defregistered health practitionerins
2010 No. 14 s 7defrelevant disciplinary groundins
2010 No. 37 s 10defrelevant disciplinary lawins
2010 No. 37 s 10defrelevant disciplinary provisionins
2010 No. 37 s 10defrelevant personins 2007 No. 28 s
54defrepealed Actom from prev s 2
1997 No. 6 s 4(2)defreportable eventins 2007 No. 28 s
54defreprisalins 2007 No. 28 s
54defroot cause analysisorRCAins 2007 No. 28 s
54defserious disciplinary actionins
2010 No. 37 s 10defserviceins 1997 No. 6 s
4(3)reloc 2002 No. 60 s 4(3)defservice officerins 1997 No. 6 s
4(3)reloc 2002 No. 60 s 4(3)defsubscriberamd 1997 No. 6 s
4(4); 1998 No. 37 s 3reloc 2002 No. 60 s 4(3)om
2003 No. 34 s 166deftakes a reprisalins 2007 No. 28 s
54Current as at 20 May 2013Page
127