Ambulance Service Act 1991

An Act to establish the Queensland Ambulance Service and for other purposes

1Short title

This Act may be cited as the Ambulance Service Act 1991.

2Definitions

The dictionary in the schedule defines particular words used in this Act.

s 2 sub 1997 No. 6s 4(1)

amd 2002 No. 60s 4(1)

Note—s 2 contained definitions for this Act. Definitions are now located in the schedule—Dictionary.

pt 3 hdg om 1997 No. 6s 12

div hdg ins 1997 No. 6s 5

3AEstablishment of service

The Queensland Ambulance Service is established.

s 3A ins 1997 No. 6s 5

sub 2001 No. 76s 4

3BMembership of service

The service consists of—

(a)the commissioner; and

(b)ambulance officers, medical officers and other staff members employed under section 13.

s 3B ins 1997 No. 6s 5

sub 2001 No. 76s 4

3DService’s functions

The functions of the service are—

(a)to provide, operate and maintain ambulance services; and

(b)for ambulance services provided during rescue and other related activities—to protect persons from injury or death, whether or not the persons are sick or injured; and

(c)to provide transport for persons requiring attention at medical or health care facilities; and

(d)to participate with other emergency services in counter-disaster planning; and

(e)to coordinate all volunteer first aid groups for major emergencies or disasters; and

(f)to adopt and put into effect all necessary measures (including systems of planning, management and quality control) to best ensure the efficient and economic operation and use of its resources in providing ambulance 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 first aid, cardiopulmonary resuscitation and other related matters, to the extent that the service’s personnel and equipment can reasonably be deployed or used for the purpose; and

(j)to identify and market products and services incidental to its other functions; and

(k)to perform other functions given to the service under this Act or another Act; and

(l)to perform functions incidental to its other functions.

s 3D ins 1997 No. 6s 5

amd 2001 No. 76s 5; 2008 No. 64s 4

3EChief executive’s responsibility

(1)The chief executive is responsible for the way the service performs its functions.

(2)Without limiting subsection (1), the chief executive is responsible for—

(a)defining the objectives, strategies and policies to be followed by the service; and

(b)ensuring the service performs its functions in an appropriate, effective and efficient way.

Example—

The chief executive could establish performance measures for the service.

(3)This section does not affect the chief executive’s responsibilities for the department under another Act.

s 3E ins 1997 No. 6s 5

sub 2001 No. 76s 6

div hdg ins 1997 No. 6s 5

sub 1998 No. 37s 5

om 2001 No. 76s 6

ins 2010 No. 37s 4

4Appointment of commissioner

(1)The Governor in Council, acting on the recommendation of the Minister, is to appoint a commissioner of the service.

(2)The commissioner is to be paid such salary and allowances and employed on such terms and conditions as the Governor in Council determines.

s 4 amd 1997 No. 6s 3 sch

4AActing commissioner

(1)The Minister may appoint a person to act in the office of commissioner during—

(a)any vacancy, or all vacancies, in the office; or

(b)any period, or all periods, when the commissioner is absent from duty, or can not, for another reason, perform the functions of the office.

(2)The Minister’s power to appoint a person to act in the office of commissioner does not limit the Governor in Council’s powers under the Acts Interpretation Act 1954, section 25(1)(b)(iv) and (v).

s 4A ins 1997 No. 6s 6

amd 2002 No. 60s 5

5Disqualification from appointment

A person who—

(a)is an undischarged bankrupt or takes advantage of the laws 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 indictable offence or has been or is convicted elsewhere in respect of an act or omission that if done or made by that person in Queensland would have constituted an indictable offence;

is not capable of being or continuing to be the commissioner.

s 5 amd 2000 No. 16s 590sch 1 pt 2

6Vacation of office

(1)The office of the commissioner becomes vacant if the commissioner—

(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 be the commissioner; or

(e)is removed from office; or

(f)without the approval of the Minister, engages in any employment outside the duties of the commissioner under this Act; or

(g)is absent from duty for a period of 14 days without lawful excuse.

(2)A resignation given under subsection (1)(c) is not effective until written acceptance of it is given by the Minister.

9Role of commissioner

The commissioner must, in accordance with the objectives, strategies and policies defined by the chief executive—

(a)manage the service’s operations; and

(b)perform the commissioner’s functions and exercise the commissioner’s powers under this Act.

s 9 sub 1997 No. 6s 8

amd 1998 No. 37s 2 sch; 2001 No. 76s 7; 2008 No. 64s 5

div hdg ins 1997 No. 6s 5

om 2010 No. 37s 4

ins 2010 No. 37s 5

13Employees

(1)The chief executive may appoint and employ on salary or wages 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 the Industrial Relations Act 2016, persons employed under subsection (1) (other than on contract) are to be paid salaries, wages and allowances at such rates and are to be employed under such conditions of employment (including conditions as to occupational superannuation and leave entitlements) as the chief executive determines.

s 13 amd 1996 No. 37s 147sch 2; 1997 No. 6s 3 sch; 1998 No. 37s 2 sch; 1999 No. 33s 747sch 3; 2001 No. 76s 8; 2016 No. 63 s 1157 sch 6

13ARequirement to disclose previous history of serious disciplinary action

(1)If the chief executive proposes to appoint a person under section 13, the chief executive may require the person to disclose to the chief executive particulars of any serious disciplinary action taken against the person.

(2)The person must comply with the requirement before the appointment takes effect and within the time and in the way stated by the chief executive.

(3)The chief executive may have regard to information disclosed by the person under this section in deciding whether to appoint the person under section 13.

(4)The chief executive is not required to further consider the person 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 the requirement.

s 13A ins 2010 No. 37s 6

14Honorary ambulance officers

(1)The commissioner may appoint such persons as the commissioner considers appropriate to be honorary ambulance officers.

(2)Honorary ambulance officers—

(a)may carry out, without remuneration, such of the functions of the service as the commissioner may direct; and

(b)are subject to the control and supervision of the commissioner.

s 14 amd 1997 No. 6s 3 sch; 2001 No. 76s 2sch 1

15Officers employed under this Act

Service officers are to be employed under this Act, and not under the Public Service Act 2008.

s 15 sub 1996 No. 37s 147sch 2

amd 1997 No. 6s 3 sch; 2009 No. 25s 83 sch

16No additional remuneration

A service officer is not to seek or accept on account of anything done in the course of duty in the service any fee or reward not authorised by the chief executive.

s 16 amd 1997 No. 6s 3 sch; 2001 No. 76s 2sch 1

17Superannuation scheme

(1)The Governor in Council may approve a superannuation scheme (other than the Queensland Ambulance Service Superannuation Scheme) for service officers or classes of service officers.

(2)Every service officer (other than an honorary ambulance officer) must become a contributor to an approved superannuation scheme (if the officer is otherwise eligible under the terms of the scheme) and, while a service officer, must continue to contribute to the scheme in accordance with its terms.

(3)A service officer who becomes a public service officer must, by written notice given to the chief executive within 2 months after starting employment with the public service, elect—

(a)to continue to contribute to an approved superannuation scheme; or

(b)to contribute to the superannuation scheme to which persons who become public service officers after the commencement of this section would usually contribute.

s 17 sub 1997 No. 6s 10

amd 2001 No. 76s 2sch 1

18Retrenchment and redundancy

If the chief executive is satisfied that—

(a)the duties and functions of a position in the service are no longer required; or

(b)the duties of the position are to be incorporated with those of another position;

the chief executive may terminate the services of the officer in accordance with the retrenchment or redundancy arrangements approved by the Governor in Council.

s 18 amd 1997 No. 6s 3 sch; 2001 No. 76s 2sch 1

div hdg ins 2010 No. 37s 8

sdiv hdg ins 2010 No. 37s 8

18AGrounds for discipline

(1)The chief executive may discipline a service officer if the chief executive is reasonably satisfied the officer has—

(a)performed the officer’s duties carelessly, incompetently or inefficiently; or

(b)been guilty of misconduct; or

(c)been absent from duty without approved leave and without reasonable excuse; or

(d)contravened, without reasonable excuse, a direction given to the officer as a service officer by a responsible person; or

(e)used, without reasonable excuse, a substance to an extent that has adversely affected the competent performance of the officer’s duties; or

(f)contravened, without reasonable excuse, a requirement of the chief executive under section 13A(1) in relation to the officer’s appointment by, in response to the requirement—

(i)failing to disclose a serious disciplinary action; or

(ii)giving false or misleading information; or

(g)contravened, without reasonable excuse, a provision of this Act or an obligation imposed on the person under—

(i)a code of practice; or

(ii)a code of conduct—

(A)approved under the Public Sector Ethics Act 1994; or

(B)prescribed under a directive of the commission chief executive under the Public Service Act 2008; or

(iii)an industrial instrument.

(2)A disciplinary ground arises when the act or omission constituting the ground is done or made.

(3)Also, the chief executive may—

(a)discipline a service officer under subdivision 2 if a ground mentioned in subsection (1) exists; or

(b)discipline a former service officer under subdivision 3 or 4 on the same grounds mentioned in subsection (1).

(4)If the chief executive is contemplating taking disciplinary action against a service officer in relation to performance or conduct that the chief executive considers may have been influenced by the officer’s health, or on the ground of absence from duty, the chief executive may—

(a)appoint a medical practitioner to examine the officer and to give the chief executive a written report about the officer’s mental or physical condition, or both; and

(b)direct the officer to submit to the medical examination.

(5)In this section—

misconduct means—

(a)inappropriate or improper conduct in an official capacity; or

(b)inappropriate or improper conduct in a private capacity that reflects seriously and adversely on the ambulance service.

Example of misconduct—

victimising another service officer in the course of the other officer’s employment in the ambulance service

responsible person, for a direction, means a person with authority to give the direction, whether the authority derives from this Act or otherwise.

s 18A ins 2010 No. 37s 8

18BDisciplinary action that may be taken against a service officer generally

(1)In disciplining a service officer, the chief executive may take the action, or order the action be taken, (disciplinary action) that the chief executive considers reasonable in the circumstances.

Examples of disciplinary action—

•termination of employment

•reduction of classification level and a consequential change of duties

•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 be deducted from the officer’s periodic remuneration payments

•a reprimand

(2)If the disciplinary action is taken following an agreement under section 18F(1) between the previous chief executive and the employing chief executive mentioned in the section, the chief executives must agree on the disciplinary action.

(3)A monetary penalty can not be more than the total of 2 of the officer’s periodic remuneration payments.

(4)Also, an amount directed to be deducted from any particular periodic remuneration payment of the officer—

(a)must not be more than half of the amount payable to or for the officer in relation to the payment; and

(b)must not reduce the amount of salary payable to the officer in relation to the period to less than—

(i)if the officer has a dependant—the guaranteed minimum wage for each week of the period; or

(ii)otherwise—two-thirds of the guaranteed minimum wage for each week of the period.

(5)An order under subsection (1) is binding on anyone affected by it.

Note—

See the following provisions in relation to appeals against a decision of the chief executive to take disciplinary action against a person—

(a)the Public Service Act 2008, sections 23 and 194;

(b)the Public Service Regulation 2008, sections 5 and 7 and schedule 1, item 4.

s 18B ins 2010 No. 37s 8

sdiv hdg ins 2010 No. 37s 8

18CApplication of sdiv 2

(1)This subdivision applies if—

(a)a person is a public service employee in a department and a relevant disciplinary ground arises in relation to the person; and

(b)after the relevant disciplinary ground arises, the person changes employment from that department to employment under section 13.

(2)This subdivision also applies if—

(a)a person is a fire service officer and a relevant disciplinary ground arises in relation to the person; and

(b)after the relevant disciplinary ground arises, the person changes employment from employment as a fire service officer to employment under section 13.

(3)However, this subdivision does not apply if the person’s previous chief executive has taken, is taking, or intends to take, disciplinary action against the person under a relevant disciplinary provision.

Note—

See—

(a)the Public Service Act 2008, section 188A in relation to taking disciplinary action against a person who was a public service employee; and

(b)the Fire and Emergency Services Act 1990, chapter 3, part 4, division 3, subdivision 3 in relation to taking disciplinary action against a person who was a fire service officer.

(4)For this section, a person changes employment from a department, or from employment as a fire service officer, to employment under section 13 if—

(a)the person’s employment under section 13 starts after the person’s employment in the department or as a fire service officer ends; or

(b)the person is employed under section 13 following the commissioner transferring or redeploying the person from the department or the Queensland Fire and Emergency Service.

Note—

See the following provisions in relation to transfers or deployments by the commissioner—

(a)the Public Service Act 2008, sections 23 and 133;

(b)the Public Service Regulation 2008, section 5 and schedule 1, item 4.

s 18C ins 2010 No. 37s 8

amd 2014 No. 17s 184sch 1 pt 4

18DDefinitions for sdiv 2

In this subdivision—

disciplinary finding, in relation to a relevant disciplinary ground, means a finding that a relevant disciplinary ground exists.

employing chief executive means the chief executive under this Act.

previous chief executive means—

(a)for a person who was a public service employee—the chief executive of the department in which the person held an appointment, or was employed, as a public service employee; or

(b)for a person who was a fire service officer—the fire service chief executive.

relevant disciplinary ground means—

(a)for a person who was a public service employee—a disciplinary ground under the Public Service Act 2008; or

(b)for a person who was a fire service officer—a disciplinary ground under the Fire and Emergency Services Act 1990.

def relevant disciplinary ground amd 2014 No. 17s 184sch 1 pt 2

relevant disciplinary provision means—

(a)for a person who was a public service employee—the Public Service Act 2008, chapter 6; or

(b)for a person who was a fire service officer—the Fire and Emergency Services Act 1990, chapter 3, part 4, division 3.

def relevant disciplinary provision amd 2014 No. 17s 184sch 1 pt 4

s 18D ins 2010 No. 37s 8

18EAction previous chief executive may take

(1)The person’s previous chief executive may make a disciplinary finding about the relevant disciplinary ground even though the person is no longer employed—

(a)for the chief executive of a department—as a public service employee in the chief executive’s department; or

(b)for the fire service chief executive—as a fire service officer.

(2)The previous chief executive may not take disciplinary action about the relevant disciplinary ground other than to the extent provided under section 18F(1).

(3)Despite subsection (1) and without limiting or being limited by any other power of delegation under any Act, the previous chief executive may delegate to the employing chief executive the authority under subsection (1) to make a disciplinary finding about the person.

(4)The previous chief executive may give to the employing chief executive any information about a person or a relevant disciplinary ground relating to the person to help the employing chief executive to perform a function under section 18F(1) or (2) in relation to the person.

s 18E ins 2010 No. 37s 8

18FAction employing chief executive may take

(1)If—

(a)the previous chief executive makes a disciplinary finding about the relevant disciplinary ground; and

(b)the previous chief executive and the employing chief executive agree that disciplinary action against the person is reasonable in the circumstances;

the employing chief executive may take disciplinary action against the person under section 18B as if a disciplinary ground under section 18A exists.

(2)If—

(a)the previous chief executive delegates to the employing chief executive the authority under section 18E(1) to make a disciplinary finding about the person; and

(b)the employing chief executive makes a disciplinary finding about the person;

the employing chief executive may take disciplinary action against the person under section 18B without the agreement of the previous chief executive.

s 18F ins 2010 No. 37s 8

18GDeclaration if same chief executive is the previous chief executive and employing chief executive

(1)This section applies if, in relation to a person who is a service officer, the chief executive is both the previous chief executive and employing chief executive under this subdivision.

(2)This subdivision applies with necessary changes to allow the chief executive to take disciplinary action against the person as provided under this subdivision.

s 18G ins 2010 No. 37s 8

sdiv hdg ins 2010 No. 37s 8

18HApplication of sdiv 3

(1)This subdivision applies if—

(a)a disciplinary ground arises in relation to a service officer (the former service officer); and

(b)after the disciplinary ground arises, the officer’s employment as a service officer ends for any reason.

(2)However, this subdivision does not apply in relation to a former service officer if the chief executive is aware—

(a)the officer is a public service employee in a department and the officer’s chief executive under the Public Service Act 2008 has taken, is taking, or intends to take disciplinary action against the officer under section 188AB of that Act; or

Note—

The Public Service Act 2008, section 188AB provides for a public service employee’s chief executive to take disciplinary action under that Act against the employee in relation to a disciplinary ground that arose under this Act while the employee was a service officer. The section also empowers the chief executive under this Act to do particular things to facilitate disciplinary action being taken under the section.

(b)the officer is a fire service officer and the fire service chief executive has taken, is taking, or intends to take disciplinary action against the officer under the Fire and Emergency Services Act 1990, chapter 3, part 4, division 3, subdivision 2.

Note—

The Fire and Emergency Services Act 1990, chapter 3, part 4, division 3, subdivision 2 provides for the fire service commissioner to take disciplinary action under that Act against a fire service officer in relation to a disciplinary ground that arose under this Act while the fire service officer was a service officer. The subdivision also empowers the chief executive under this Act to do particular things to facilitate disciplinary action being taken under the subdivision.

s 18H ins 2010 No. 37s 8

amd 2014 No. 17s 184sch 1 pt 4

18IAction chief executive may take

(1)The chief executive may make a disciplinary finding or take or continue to take disciplinary action against the former service officer in relation to the disciplinary ground.

(2)The disciplinary finding or disciplinary action must be made or taken within a period of 2 years after the end of the officer’s appointment.

(3)However, subsection (2) does not stop disciplinary action being 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 notifying the Crime and Corruption Commission of suspected corrupt conduct under the Crime and Corruption Act 2001.

(5)In disciplining the former service officer, the chief executive may make a disciplinary declaration and may not take any other disciplinary action.

(6)The chief executive may only make a disciplinary declaration if the disciplinary action that would have been taken against the officer if the officer’s employment had not ended would have been—

(a)termination of employment; or

(b)reduction of classification level.

(7)The making of the disciplinary declaration does not affect the way in which the officer’s employment ended, or any benefits, rights or liabilities arising because the employment ended.

(8)In this section—

disciplinary declaration means a declaration of—

(a)the disciplinary finding against the former service officer; and

(b)the disciplinary action that would have been taken against the officer if the officer’s employment had not ended.

s 18I ins 2010 No. 37s 8

amd 2014 No. 21s 94(2)sch 2

sdiv hdg ins 2010 No. 37s 8

18JInformation about disciplinary action to be given by chief executive

(1)This section applies if—

(a)the chief executive of a department (the other chief executive) asks the chief executive under this Act (the ambulance service chief executive) for disciplinary information that the ambulance service chief executive has about a person who is or was a service officer; and

(b)the information is reasonably necessary for the other chief executive to make a decision about—

(i)an appointment or continued appointment, or employment or continued employment, of the person by the other chief executive; or

(ii)a disciplinary finding, disciplinary action or disciplinary declaration the other chief executive is considering in relation to the person under a relevant Act.

(2)The ambulance service chief executive must give the disciplinary information to the other chief executive unless the ambulance service chief executive is reasonably satisfied that giving the information may prejudice the investigation of a suspected contravention of the law in a particular case.

(3)In this section—

disciplinary information, in relation to a request made of the ambulance service chief executive about a person, means information about the following made or taken against the person under this Act by the ambulance service chief executive or the commissioner—

(a)a current investigation into whether the person should be disciplined;

(b)a finding that the person should be disciplined;

(c)possible disciplinary action under consideration;

(d)disciplinary action, including a disciplinary declaration.

relevant Act means—

(a)the Public Service Act 2008; or

(b)the Fire and Emergency Services Act 1990.

this Act includes a disciplinary provision of a code of practice, including a code of practice as in force from time to time before the commencement of this section.

s 18J ins 2010 No. 37s 8

amd 2014 No. 17s 184sch 1 pt 2

18KInformation about disciplinary action to be given to chief executive

(1)This section applies if—

(a)the chief executive (the ambulance service chief executive) asks the chief executive of another department (the other chief executive) for disciplinary information that the other chief executive has about a person who is or was—

(i)a public service employee; or

(ii)a fire service officer; and

(b)the information is reasonably necessary for the ambulance service chief executive to make a decision about—

(i)the employment or continued employment of the person under section 13; or

(ii)a disciplinary finding, disciplinary action or disciplinary declaration the ambulance service chief executive is considering in relation to the person under this Act.

(2)The other chief executive must give the disciplinary information to the ambulance service chief executive unless the other chief executive is reasonably satisfied that giving the information may prejudice the investigation of a suspected contravention of the law in a particular case.

(3)In this section—

disciplinary information, in relation to a request made of the other chief executive about a person, means information about the following made or taken against the person under a public sector disciplinary law by the other chief executive or another entity—

(a)a current investigation into whether the person should be disciplined;

(b)a finding that the person should be disciplined;

(c)possible disciplinary action under consideration;

(d)disciplinary action, including a disciplinary declaration.

s 18K ins 2010 No. 37s 8

18LUse of particular information about disciplinary action obtained by chief executive in another capacity

(1)This section applies if—

(a)under a relevant Act, the chief executive has or has access to disciplinary information about a person who is or was—

(i)a public service employee; or

(ii)a fire service officer; and

(b)the information is reasonably necessary for the chief executive to make a decision about—

(i)the appointment or continued appointment of the person under section 13; or

(ii)a disciplinary finding, disciplinary action or disciplinary declaration the chief executive is considering in relation to the person under this Act.

(2)Despite any other Act or law, the chief executive may use the disciplinary information for the purpose of making the decision mentioned in subsection (1)(b).

(3)In this section—

disciplinary information means information about the following made or taken against the person under a public sector disciplinary law—

(a)a current investigation into whether the person should be disciplined;

(b)a finding that the person should be disciplined;

(c)possible disciplinary action under consideration;

(d)disciplinary action, including a disciplinary declaration.

relevant Act means—

(a)the Public Service Act 2008; or

(b)the Fire and Emergency Services Act 1990.

s 18L ins 2010 No. 37s 8

amd 2014 No. 17s 184sch 1 pt 2

sdiv hdg ins 2010 No. 37s 8

18MSuspension of service officer liable to discipline

(1)The chief executive may suspend a service officer from duty if the chief executive reasonably believes the officer is liable to discipline under this Act.

(2)The chief executive may cancel the suspension at any time.

s 18M ins 2010 No. 37s 8

18NProcedure for disciplinary action

(1)In disciplining a service officer or former service officer or suspending a service officer, the chief executive must comply with this Act, any relevant code of practice, and the principles of natural justice.

(2)However, natural justice is not required if the suspension is on normal remuneration.

(3)In this section—

former service officer means a person who was a service officer.

s 18N ins 2010 No. 37s 8

18OEffect of suspension from duty

(1)This section applies to a service officer suspended from duty under this subdivision unless the chief executive decides otherwise.

(2)During the period of the suspension the officer is entitled to normal remuneration, less any amount earned by the officer from alternative employment that the officer engages in during the period.

(3)For subsection (2), alternative employment does not include employment if—

(a)the officer was engaged in the employment at the time of the suspension; and

(b)the officer’s engaging in the employment was not in contravention of this Act or an obligation imposed on the officer under a code of conduct—

(i)approved under the Public Sector Ethics Act 1994; or

(ii)prescribed under a directive of the commission chief executive under the Public Service Act 2008.

(4)The deduction under subsection (2) must not be more than the amount of the officer’s normal remuneration during the period of the suspension.

(5)The continuity of the officer’s service as a service officer is taken not to have been broken only because of the suspension.

s 18O ins 2010 No. 37s 8

18PAdditional procedures for suspension or termination

(1)If the chief executive decides to suspend or terminate the employment of a service officer, the chief executive must give the 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 for the period of the suspension, under a decision mentioned in section 18O(1) or, if no decision has been made under section 18O(1), under section 18O(2); and

(iii)the effect that alternative employment may, under section 18O, have on the entitlement; or

(b)for a termination—the day when it takes effect.

s 18 ins 2010 No. 37s 8

div hdg (prev div 4 hdg) ins 1997 No. 6s 11

renum 2010 No. 37s 7

19Fund

(1)The Queensland Ambulance Service Fund is established.

(2)The Financial Accountability Act 2009 applies to the fund.

(3)Accounts for the fund must be kept as part of the departmental accounts of the department.

(4)Amounts received for the fund must be deposited in a departmental financial-institution account of the department but may be deposited in an account used for depositing other amounts of the department.

(5)Amounts received for the fund include the following received by the service—

(a)amounts received as charges for the use of ambulance services;

(b)amounts received by the department from other sources for the fund or amounts that must be paid into the fund;

(c)amounts received for the disposal of an asset that the chief executive considers was purchased substantially with 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 this Act.

(7)In this section—

departmental accounts, of the department, means the accounts of the department under the Financial Accountability Act 2009, section 69.

departmental financial-institution account, of the department, means an account of the department kept under the Financial Accountability Act 2009, section 83.

other amounts, of the department, means amounts received by the department other than amounts received for the fund.

previous fund means the Ambulance Service Fund mentioned in the Financial Administration and Audit Act 1977, schedule 2, immediately before the commencement of this section.

s 19 prev s 19 om 1997 No. 6s 12

pres s 19 ins 1997 No. 6s 11

amd 1998 No. 37s 2 sch

sub 2001 No. 76s 9

amd 2003 No. 34s 157; 2009 No. 9s 136sch 1

22Delegations

(1)The chief executive may delegate the chief executive’s powers under this Act to the commissioner or an appropriately qualified service officer.

(2)The commissioner may delegate the commissioner’s powers under this Act to an appropriately qualified service officer.

(3)In subsections (1) and (2)—

appropriately qualified includes having the qualifications, experience or standing appropriate to exercise the power.

Example of standing—

a person’s classification level in the service

s 22 prev s 22 om 1997 No. 6s 12

pres s 22 ins 1997 No. 6s 11

amd 2001 No. 76s 2sch 1

23Requirement to report pool immersion incident

(1)This section applies if the service is notified of a pool immersion incident.

(2)The chief executive must ensure that, within 5 business days after notification of the pool immersion incident, the service gives written notice of the incident to the chief executive (health).

(3)The notice must include the following information to the extent the service has it—

(a)the name and date of birth of the young child to whom the pool immersion incident relates;

(b)the date the pool immersion incident happened;

(c)the address of the child’s parents;

(d)the address where the pool immersion incident happened.

(4)In this section—

chief executive (health) means the chief executive of the department in which the Hospital and Health Boards Act 2011 is administered.

pool immersion incident means an event involving the immersion or partial immersion of a young child under water in a swimming pool, if because of the immersion or partial immersion—

(a)the child has died; or

(b)the child has been deprived of air and the health or wellbeing of the child has been adversely affected.

swimming pool means a swimming pool as defined under the Building Act 1975, schedule 2.

young child means an individual who is under 5 years.

s 23 prev s 23 om 1997 No. 6s 12

pres s 23 ins 2010 No. 35s 4

amd 2011 No. 32s 332sch 1 pt 2 (amd 2012 No. 9s 47)

div hdg ins 2002 No. 60s 23 sch

26Establishment of committees

(1)The Minister may authorise the establishment of local ambulance committees.

(2)A local ambulance committee is to be called ‘(name of area) local ambulance committee’.

(3)A claim or proceeding by or against a committee may be made and enforced by a proceeding by or against a committee in the name of the committee.

27Functions of committees

The functions of a committee are—

(a)to liaise between the community it represents and the service; and

(b)to promote community participation in and awareness of ambulance services; and

(c)to provide advice to the commissioner in respect of ambulance services in the community it represents; and

(d)to undertake fundraising activities for the benefit of ambulance services in the community it represents; and

(e)to manage money held on trust for the benefit of ambulance services in the community it represents; and

(f)such other functions as the Minister agrees to.

s 27 amd 1997 No. 6s 3 sch

div hdg ins 2002 No. 60s 23 sch

28Conduct of business

(1)Subject to its constitution, a committee may conduct its business, including its meetings, in the way it considers appropriate.

(2)Any matter not conducted by a committee in accordance with its constitution or the Minister’s directions is invalid.

s 28 amd 2002 No. 60s 6

29Members of committees

(1)Adults who permanently reside or work in the area served, or to be served, by a committee may, at a general meeting called for the purpose, elect the committee’s members.

(2)A person who—

(a)does not permanently reside in the area served by a committee; or

(b)is not an adult; or

(c)is a service officer; or

(d)is an undischarged bankrupt or takes advantage of the laws in force for the time being relating to bankruptcy; or

(e)has been or is convicted in Queensland of an indictable offence or has been or is convicted elsewhere in respect of an act or omission that if done or made by that person in Queensland would have constituted an indictable offence;

is not to be elected as or to continue to be a member of a committee.

(2A)Also, a person is not eligible to be a member of a committee while the person is a member of another committee.

(3)Each committee is to consist of—

(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 than 11 other members if the Minister is satisfied additional members are required to ensure the community is adequately represented on the committee.

(4)Nominations for election to a committee are to be sought, in the way stated in the committee’s constitution, from members of the public.

(5)The election of members is to be conducted in accordance with the committee’s constitution.

(6)Members of a committee elected under this section hold office in accordance with the committee’s constitution or for such longer period as the Minister may, in a particular case, specify.

(7)A member of a committee must at all times act honestly in the exercise of the powers and the performance of duties that he or she has as a member of a committee.

(8)A member of a committee must not make improper use of their office or position to gain, directly or indirectly, an advantage for himself, herself or any other person, or to cause detriment to the committee.

(9)The Minister may remove a member of a committee from office if the Minister is satisfied it would be in the public interest to do so and has consulted the committee about the removal.

s 29 amd 1991 No. 97s 3sch 2; 1997 No. 6s 3 sch; 2000 No. 16s 590sch 1 pt 2; 2002 No. 60s 7; 2003 No. 34s 158

29ADealing with vacancy in office of a member

(1)This section applies if a vacancy arises in the office of a member of a committee (the first member).

(2)Despite section 29(1), the remaining members of the committee may appoint a person who is eligible to be a member of a committee (a replacement member) to the office.

(3)Subject to section 29(2), (2A) and (9) and section 35, a replacement member holds office for the balance of the first member’s term of office.

s 29A ins 2002 No. 60s 8

amd 2003 No. 34s 159

30Liability of members

(1)A member of a committee is liable to repay to the committee any money that member—

(a)improperly used; or

(b)spent without the authorisation of or ratification by the committee.

(2)The committee may recover any money referred to in subsection (1) by action in any court of competent jurisdiction, from the member who improperly used it or spent it without authorisation or ratification.

31Protection of members

(1)The members of a committee are not personally liable to contribute toward the payment of debts and liabilities of, or any judgment against, the committee.

(2)Subsection (1) does not apply in respect of a personal guarantee given by a member of a committee in respect of arrangements by a committee.

div hdg ins 2002 No. 60s 9

31AMinister may approve or amend constitution

(1)The Minister may approve a constitution for the conduct of a committee’s business.

(2)Without limiting subsection (1), the constitution may provide for 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)other matters the Minister considers relevant to the conduct of a committee’s business.

(3)The Minister may amend the constitution approved under subsection (1).

(4)The constitution as approved and amended from time to time under this section is the constitution for each committee.

s 31A ins 2002 No. 60s 9

31BCommissioner to give constitution to committees

(1)The commissioner must give a copy of the constitution to each committee as soon as practicable after it is approved under section 31A(1).

(2)Also, if a committee is established after the commencement of this section, the commissioner must give a copy of the constitution to the committee as soon as practicable after it is established.

(3)If the Minister amends the constitution, the commissioner must, as soon as practicable after it is amended, give each committee—

(a)a written notice stating the amendment; or

(b)a copy of the amended constitution.

s 31B ins 2002 No. 60s 9

32Committees are statutory bodies

(1)Under the Statutory Bodies Financial Arrangements Act 1982, a committee is a statutory body.

(2)The Statutory Bodies Financial Arrangements Act 1982, part 2B sets out the way in which a committee’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982.

s 32 sub 1996 No. 54s 9 sch

33Application of laws

The Collections Act 1966 does not apply to the fundraising activities of or the collecting of donations by a committee.

s 33 amd 1995 No. 57s 4sch 1; 1998 No. 37s 2 sch; 1999 No. 26s 196sch 1

34Investigations

(1)The Minister may at any time cause an investigation to be made into any committee, including the exercise by that committee of its functions and the application of its funds.

(2)The Minister may appoint a person to make the investigation on his or her behalf.

(3)Officers of the committee are to produce to the person conducting the investigation all documents of the committee requested by the person conducting the investigation.

(4)At the conclusion of an investigation the person conducting the investigation is to make a written report to the Minister.

35Dissolution of committees

The Minister may dissolve a committee if—

(a)the committee has voted that it should be dissolved and has requested the Minister to dissolve it; or

(b)in the opinion of the Minister, it has exhibited gross neglect of its functions, finances or administration; or

(c)the Minister is satisfied it would be desirable in the public interest to do so.

36Effect of dissolution

If a committee is dissolved under section 35, the funds of the committee vest in the State on trust for the community represented by the committee.

s 36 amd 1992 No. 36s 2sch 2; 1997 No. 6s 3 sch; 2001 No. 76s 2sch 1

pt hdg ins 2007 No. 28s 50

div hdg ins 2007 No. 28s 50

36ADefinitions for pt 4A

In this part—

chain of events document ...

def chain of events document om 2014 No. 65s 4(1)

commissioning authority see section 36E.

coroner see the Coroners Act 2003, schedule 2.

notice means written notice.

public risk notifiable conduct, for a registered health practitioner, means the practitioner has—

(a)placed the public at risk of substantial harm in the practitioner’s practice of the profession because the practitioner has an impairment; or

(b)placed the public at risk of substantial harm because the practitioner has practised the profession in a way that constitutes a significant departure from accepted professional standards.

def public risk notifiable conduct ins 2010 No. 14s 4

reloc 2014 No. 65s 9(2)

RCA report see section 36G(1).

RCA team means a group of persons appointed under section 36E.

registered health practitioner means an individual who—

(a)is registered under the Health Practitioner Regulation National Law to practise a health profession, other than as a student; or

(b)holds non-practising registration under the Health Practitioner Regulation National Law in a health profession.

def registered health practitioner ins 2010 No. 14s 4

reloc 2014 No. 65s 9(2)

relevant person—

(a)for the commissioning authority, means a person who provides administrative or secretarial services to the authority to help it exercise its powers under this part; or

(b)for an RCA team, means a person—

(i)who provides administrative or secretarial services to 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 for a reportable event.

def relevant person amd 2014 No. 65s 4(2)

reportable event—

(a)generally, means any of the following events that happen while an ambulance service is being provided to a person—

(i)the death of the person, or permanent injury suffered by the person, while giving birth;

(ii)the death of the person caused by the incorrect management of the person’s medication;

(iii)the death of the person, or neurological damage suffered by the person, caused by an intravascular gas embolism;

(iv)the death of the person, or permanent loss of function suffered by the person, unrelated to the natural course of the person’s medical condition for which he or she was receiving the ambulance service;

(v)the death of the person, or permanent injury suffered by the person, contributed to by an unreasonable delay in the provision of the ambulance service or a failure to meet recognised standards for providing the ambulance service;

(vi)the wrong procedure being performed on the person or a procedure being performed on the wrong part of the person’s body; or

(b)in relation to an RCA report, means the reportable event to which the report relates.

def reportable event amd 2014 No. 65s 4(3)

s 36A ins 2007 No. 28s 50

36BMeaning of root cause analysis

(1)Root cause analysis or RCA, of a reportable event, means a systematic process of analysis under which—

(a)factors that contributed to the happening of the event may be identified; and

(b)remedial measures that could be implemented to prevent a recurrence of a similar event may be identified.

(2)However, a root cause analysis or RCA of a reportable event does not include—

(a)investigating the professional competence of a person in relation to the event; or

(b)finding out who is to blame for the happening of the event.

s 36B ins 2007 No. 28s 50

36CPurpose of pt 4A

The purpose of this part is to facilitate the use of root cause analyses by the Queensland Ambulance Service as a quality improvement technique to assess and respond to reportable events that happen while ambulance services are being provided.

s 36C ins 2007 No. 28s 50

36DGuiding principles for conduct of RCA of reportable event

The principles intended to guide the conduct of an RCA of a reportable event are the following—

(a)reporting and acknowledging errors happening while ambulance services are being provided are encouraged if people do not fear blame or reprisal;

(b)people involved in providing ambulance services should be accountable for their actions;

(c)the focus of the RCA should be on identifying and improving the policies, procedures or practices relating to the provision of the ambulance service that contributed to the happening of the event, rather than on the conduct of individuals;

(d)participation in the RCA should be voluntary;

(e)the benefits of conducting the RCA will be maximised—

(i)in an environment oriented towards learning from analysing the event; and

(ii)if the RCA is conducted in a timely way;

(f)teamwork, good communication and sharing of information by people involved in providing ambulance services should be fostered.

s 36D ins 2007 No. 28s 50

div hdg ins 2007 No. 28s 50

36EAppointment of RCA team

The commissioner (the commissioning authority) may appoint persons to be members of an RCA team to conduct an RCA of a reportable event.

s 36E ins 2007 No. 28s 50

36FRequirements for appointment

(1)Before appointing persons to be members of an RCA team to conduct an RCA of a reportable event, the commissioning authority must be satisfied that—

(a)the persons—

(i)have the appropriate skills, knowledge and experience to conduct an RCA of the event, having regard to the nature of the event; and

(ii)were not directly involved in providing the ambulance service during the provision of which the event happened; and

(b)the conduct by the proposed RCA team of an RCA of the event would be assisted by the provision of immunities and protections provided to persons under divisions 5 and 6; and

(c)the potential benefit in disclosing relevant information is outweighed by the potential benefit of restricting disclosure of the information under division 5.

(2)In this section—

relevant information means information that will be compiled by the proposed RCA team in the conduct of an RCA of the reportable event.

s 36F ins 2007 No. 28s 50

div hdg ins 2007 No. 28s 50

36GRCA team’s report

(1)An RCA team must, as soon as practicable after conducting an RCA of a reportable event, prepare a report (the RCA report) stating the following—

(a)a description of the event;

(b)a statement of the factors the RCA team considers contributed to the happening of the event;

(c)any recommendations about changes or improvements in a policy, procedure or practice relating to the provision of ambulance services, to reduce the likelihood of, or prevent, the same type of event happening again during the provision of ambulance services.

(2)Also, the RCA report may include a summary, or pictorial representation, of the chain of events identified by the RCA team as having led to the reportable event happening.

(3)The RCA report must not contain the name or address of—

(a)a person involved in providing the relevant ambulance service; or

(b)the person who received the relevant ambulance service; or

(c)a member of the RCA team.

(4)In this section—

relevant ambulance service means the ambulance service during the provision of which the reportable event happened.

s 36G ins 2007 No. 28s 50

amd 2014 No. 65s 5

36HReporting to commissioning authority

The RCA team must, as soon as practicable after preparing the RCA report, give the report to the commissioning authority.

s 36H ins 2007 No. 28s 50

amd 2014 No. 65s 6

div hdg ins 2007 No. 28s 50

36IDefinition for div 4

In this division—

blameworthy act means any of the following—

(a)an intentionally unsafe act;

(b)deliberate abuse of a person receiving an ambulance service;

(c)conduct that constitutes a criminal offence.

s 36I ins 2007 No. 28s 50

36JStopping conduct of RCA of reportable event—RCA team

(1)This section applies if, while conducting an RCA of a reportable event, the RCA team conducting the RCA reasonably believes—

(a)the event involves a blameworthy act; or

(b)the capacity of a person who was directly involved in providing the relevant ambulance service to safely and effectively provide the service was impaired by alcohol consumed, or a drug taken, by the person.

(2)This section also applies if a member of the RCA team conducting the RCA of a reportable event, who is a registered health practitioner—

(a)reasonably believes the event involves behaviour of a registered health practitioner that constitutes public risk notifiable conduct; and

(b)notifies the health ombudsman about the conduct.

(3)The RCA team must—

(a)stop conducting the RCA; and

(b)give notice to the commissioning authority that the RCA team has stopped conducting the RCA.

(4)For subsection (3)(b), the notice must—

(a)be in the form approved by the chief executive; and

(b)state the reasons the RCA team stopped conducting the RCA.

(5)In this section—

relevant ambulance service means the ambulance service during the provision of which the reportable event happened.

s 36J ins 2007 No. 28s 50

amd 2014 No. 65s 7

36KStopping conduct of RCA of reportable event—commissioning authority

(1)This section applies if—

(a)the commissioning authority has appointed persons to be members of an RCA team to conduct an RCA of a reportable event; and

(b)the commissioning authority—

(i)receives information, other than in a notice under section 36J(3)(b), that leads the commissioning authority to reasonably believe—

(A)the event involves a blameworthy act; or

(B)the capacity of a person who was directly involved in providing the relevant ambulance service to safely and effectively provide the service was impaired by alcohol consumed, or a drug taken, by the person; or

(ii)becomes aware that a relevant entity has started an investigation or assessment of, or enquiry into, the event; or

(iii)later comes to the view that the event the basis of the appointment is not a reportable event.

(2)If subsection (1)(b)(i) or (iii) applies, the commissioning authority must, by notice given to the RCA team, direct it to stop conducting the RCA.

(3)If subsection (1)(b)(ii) applies, the commissioning authority may, by notice given to the RCA team, direct it to stop conducting the RCA.

(4)For subsection (2) or (3), the notice given to the RCA team must be in the form approved by the chief executive.

(5)Before acting under subsection (3), the commissioning authority may consult with any relevant entity.

(6)In this section—

relevant ambulance service means the ambulance service during the provision of which the reportable event happened.

relevant entity means—

(a)the health ombudsman; or

(b)a coroner; or

(c)a board under the Health Practitioner Regulation National Law; or

(d)the commissioner of the police service; or

(e)another entity that has the power under an Act of the State, the Commonwealth or another State to investigate the event.

s 36K ins 2007 No. 28s 50

amd 2010 No. 14s 3 sch; 2013 No. 13s 4; 2013 No. 36s 331sch 1; 2014 No. 65s 8

div hdg ins 2007 No. 28s 50

36LDefinitions for div 5

In this division—

excluded notifiable conduct, for a registered health practitioner, means the practitioner has—

(a)practised the practitioner’s profession while intoxicated by alcohol or drugs; or

(b)practised the practitioner’s profession in a way that constitutes a significant departure from accepted professional standards but not in a way that placed the public at risk of substantial harm; or

(c)engaged in sexual misconduct in connection with the practice of the practitioner’s profession.

def excluded notifiable conduct ins 2010 No. 14s 4

impairment see the Health Practitioner Regulation National Law (Queensland), section 5.

def impairment ins 2010 No. 14s 4

information includes a document.

medical director means the Queensland Ambulance Service officer with the title ‘medical director’ or, if from time to time the title is changed, the changed title.

National Agency ...

def National Agency ins 2010 No. 14s 4

om 2014 No. 65s 9(1)

s 36L ins 2007 No. 28s 50

amd 2014 No. 65s 9(2)

36MDisclosure of information—RCA team member or relevant person

(1)A person who is or was a member of an RCA team must not disclose to someone else information acquired by the person as a member of the RCA team, other than for the purpose (an authorised purpose) of—

(a)the RCA team conducting an RCA of a reportable event; or

(b)the RCA team preparing an RCA report; or

(c)the RCA team giving the commissioning authority—

(i)an RCA report under section 36H; or

(ii)a notice under section 36J; or

(d)if the person is a registered health practitioner—notifying the health ombudsman about information in relation to a reasonable belief of the person that another registered health practitioner has behaved in a way that constitutes public risk notifiable conduct.

Maximum penalty—50 penalty units.

(2)Also, a person who is or was a relevant person for an RCA team must not disclose to someone else information acquired by the person as a relevant person for the RCA team, other than 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 section 49(1) applies, the information is for the purposes of section 49(2)(a) information that is expressly authorised or permitted to be given under this Act.

(4)In this section—

information includes—

(a)the identity of a member of the RCA team; and

(b)information from which a member of the RCA team could be identified.

s 36M ins 2007 No. 28s 50

amd 2010 No. 14s 5; 2014 No. 65s 10

36NDisclosure of information—commissioning authority or relevant person

(1)A person who is or was the commissioning authority must not disclose to someone else information contained in an RCA report, or give someone else a copy of an RCA report, received by 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 quality report prepared by the commissioning authority to an entity with responsibilities for the management of safety initiatives and programs for the Queensland Ambulance Service.

(3)A person who is or was the commissioning authority must not disclose to someone else—

(a)the identity of a member of an RCA team; or

(b)information from which a member of the RCA team could be identified.

Maximum penalty—50 penalty units.

(4)Subsections (1) and (3) do not apply to the disclosure of information by the commissioning authority that is necessary or incidental to the exercise by the authority of its powers under this part.

(5)A person who is or was a relevant person for the commissioning authority must not disclose to someone else information acquired by the person as a relevant person for the authority.

Maximum penalty—50 penalty units.

(6)Subsection (5) does not apply to the disclosure of information by a relevant person for the commissioning authority for the purpose of helping the authority exercise its powers under this part.

(7)A person who is or was the commissioning authority must not disclose to someone else information contained in a notice given to the person under section 36J(3)(b), or give someone else a copy of the notice.

Maximum penalty—100 penalty units.

(8)Subsection (7) does not apply to the disclosure of information by a person if the disclosure is—

(a)required under section 36Q(7); or

(b)necessary or incidental to the person taking, or deciding whether to take, disciplinary, investigative or other action in relation to the reportable event the subject of the information.

(9)If information that may be disclosed under this section is information to which section 49(1) applies, the information is for the purposes of section 49(2)(a) information that is expressly authorised or permitted to be given under this Act.

(10)This section does not authorise the attachment of a copy of an RCA report to a safety and quality report.

(11)In this section—

safety and quality report means a report about the safety and quality of the ambulance service to which an RCA report relates that is based on information contained in the RCA report.

s 36N ins 2007 No. 28s 50

amd 2014 No. 65s 11

36NAInformation about excluded notifiable conduct

(1)This section applies for the purpose of the Health Practitioner Regulation 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)the person forms a reasonable belief that another registered health practitioner has behaved in a way that constitutes excluded notifiable conduct; and

(d)the information that forms the basis of the reasonable belief was acquired while the person was exercising functions as a member of the RCA team.

(4)The person must not disclose the information that forms the basis of the reasonable belief.

s 36NA ins 2010 No. 14s 6

36ORelease of information to health ombudsman

The commissioning authority must, as soon as practicable after receiving an RCA report under section 36H, give the health ombudsman—

(a)a copy of the report; and

(b)details of the place where the reportable event happened.

s 36O ins 2007 No. 28s 50

amd 2013 No. 36s 331sch 1

36PGiving of copy of RCA report—medical director

(1)The commissioning authority may give a copy of each RCA report received by the authority under section 36H to the medical director for an authorised purpose.

(2)At the time of giving a copy of an RCA report to the medical director under section 36H, the commissioning authority must also give the medical director—

(a)details of the reportable event; and

(b)details of the place where the event happened.

(3)The medical director—

(a)must not give a copy of the report to anyone else, other than a person who performs functions relating to the authorised purpose for the medical director; and

(b)must not disclose any information contained in the copy of the report, or information mentioned in subsection (2), to anyone else other than for the authorised purpose for which the copy of the report was given; and

(c)must not use the copy of the report, and the information mentioned in subsection (2), other than for the authorised purpose for which the copy of the report was given.

Maximum penalty—50 penalty units.

(4)A person who performs functions relating to the authorised purpose for the medical director—

(a)must not give a copy of the report to anyone else; and

(b)must not disclose any information contained in the copy of the report, or information mentioned in subsection (2), to anyone else other than for the authorised purpose for which the copy of the report was given; and

(c)must not use the copy of the report, and the information mentioned in subsection (2), other than for the authorised purpose for which the copy of the report 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 of information contained in the copy of the RCA report, or information mentioned in subsection (2), that may lead to the identification of—

(a)a person involved in providing the relevant ambulance service; or

(b)the person who received the relevant ambulance service.

(6)In this section—

authorised purpose means a purpose relating to the planning, implementation, management and evaluation of safety initiatives and programs for the Queensland Ambulance Service.

relevant ambulance service means the ambulance service during the provision of which the reportable event happened.

s 36P ins 2007 No. 28s 50

amd 2014 No. 65s 12

36QGiving of copy of RCA report etc.—investigation under the Coroners Act 2003

(1)This section applies if—

(a)a coroner is investigating the death of a person; and

(b)the death is a reportable event that happened while an ambulance 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)the coroner considers that a reportable event that happened while an ambulance service was being provided to the person may be relevant to the investigation; and

(c)the event is not the death.

(3)If the coroner, or a police officer helping the coroner to investigate the death, asks the commissioning authority whether an RCA team has conducted or is conducting an RCA of the reportable event, the commissioning authority must respond 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 by an RCA team; and

(b)an RCA report relating to the event has been given under section 36H to the commissioning authority; and

(c)the commissioning authority has under subsection (3) received a query from the coroner or a police officer helping the coroner to investigate the death.

(5)The commissioning authority must—

(a)if the commissioning authority received the report before receiving the query under subsection (3)—give a copy of the report to the coroner or police officer as soon as practicable after receiving the query; or

(b)if the commissioning authority had not received the report before receiving the query under subsection (3)—give a copy of the report to the coroner or police officer as soon as practicable after receiving the report.

Maximum penalty—50 penalty units.

(6)Subsection (7) applies if—

(a)an RCA has been started by an RCA team in relation to the reportable event; and

(b)the RCA team has, under section 36J(3) or 36K(2) or (3), stopped conducting the RCA; and

(c)the commissioning authority has under subsection (3) received a query from the coroner or a police officer helping the coroner to investigate the death.

(7)The commissioning authority must—

(a)if the RCA team stopped conducting the RCA before the commissioning authority received the query under subsection (3)—give the coroner or police officer a stop notice as soon as practicable after receiving the query; or

(b)otherwise—give the coroner or police officer a stop notice as soon as practicable.

(8)In this section—

stop notice means a notice stating—

(a)if the RCA team stopped conducting the RCA under section 36J(3)—

(i)that fact; and

(ii)the reasons for stopping; or

(b)if the RCA team stopped conducting the RCA because of a direction given by the commissioning authority under section 36K(2) or (3)—

(i)that fact; and

(ii)the reasons for giving the direction.

s 36Q ins 2007 No. 28s 50

amd 2014 No. 65s 13

36RGiving of information to Minister or chief executive

(1)The Minister or chief executive may, in relation to an RCA of a reportable event, ask the commissioning authority—

(a)whether an RCA report has been received by the authority under section 36H; and

(b)if an RCA report has been received by the authority under section 36H—for a copy of the report.

(2)The authority must comply with the request as soon as practicable.

s 36R ins 2007 No. 28s 50

36SGiving of copy of, or information contained in, RCA report—person who has sufficient personal or professional interest

The commissioning authority may give a copy of an RCA report received by the authority under section 36H, or information contained in the report, to a person who the authority reasonably believes has a sufficient personal or professional interest in the reportable event.

s 36S ins 2007 No. 28s 50

36TInformation not to be given in evidence

(1)A stated person is neither competent nor compellable—

(a)to produce in a proceeding, or in compliance with a requirement under an Act or legal process, any document in the person’s possession or under the person’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 reportable event; or

(b)to divulge or communicate in a proceeding, or in compliance with a requirement under an Act or legal process, information that came to the person’s notice as a stated person.

(2)Subsection (1) does not apply to a requirement made in proceedings for an alleged offence against this part or section 49 by the stated person.

(3)In this section—

information includes—

(a)the identity of a member of an RCA team; and

(b)information from which a member of an RCA team could be identified.

stated person means a person who is or was any of the following—

(a)a member of an RCA team;

(b)the commissioning authority;

(c)a relevant person for an RCA team or the commissioning authority;

(d)a person who performs functions for the medical director.

s 36T ins 2007 No. 28s 50

amd 2013 No. 36s 331sch 1

36UInformation provider can not be compelled to give particular information in evidence

A person can not be compelled to divulge or communicate in a proceeding, or in compliance with a requirement under an Act or legal process, any of the following information—

(a)whether or not the person gave information to an RCA team for its conduct of an RCA of a reportable event;

(b)what information the person gave to an RCA team for its conduct of an RCA of a reportable event;

(c)information given by the person to an RCA team that was created by the person or another person solely for its conduct of an RCA of a reportable event;

(d)information the person was given, or questions the person was asked, by an RCA team during its conduct of an RCA of a reportable event.

s 36U ins 2007 No. 28s 50

div hdg ins 2007 No. 28s 50

36VProtection from liability

(1)A person who is or was a member of an RCA team, or relevant person for an RCA team, is not civilly liable for an act done, or omission made, honestly and without negligence under this part.

(2)Without limiting subsection (1), if the act or omission involves giving information—

(a)in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and

(b)if the person would otherwise be required to maintain confidentiality about the information given under an Act, oath, or rule of law or practice, the person—

(i)does not contravene the Act, oath, or rule of law or practice by giving the information; and

(ii)is not liable to disciplinary action for giving the information.

(3)If a person who is or was a member of an RCA team, or relevant person for an RCA team, incurs costs in defending proceedings relating to a liability against which the person is protected under this section, the person must be indemnified by the State.

s 36V ins 2007 No. 28s 50

36WGiving of information protected

(1)This section applies to a person who honestly and on reasonable grounds gives information to an RCA team, or a relevant person for an RCA team, for the RCA team’s conduct of 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 authority

(2)The person is not subject to any liability for giving the information and no action, claim or demand may be taken or made of or against the person for giving the information.

(3)Also, merely because the person gives the information, the person can not be held to have—

(a)breached any code of professional etiquette or ethics; or

(b)departed from accepted standards of professional conduct.

(4)Without limiting subsections (2) and (3)—

(a)in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and

(b)if the person would otherwise be required to maintain confidentiality 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 or practice by giving the information; and

(ii)is not liable to disciplinary action for giving the information.

s 36W ins 2007 No. 28s 50

36XReprisal and grounds for reprisals

(1)A person must not cause, or attempt or conspire to cause, detriment to another person because, or in the belief that, anybody has provided, or may provide, assistance to an RCA team in its conduct of an RCA of a reportable event.

(2)An attempt to cause detriment includes an attempt to induce a person to cause detriment.

(3)A contravention of subsection (1) is a reprisal or the taking of a reprisal.

(4)A ground mentioned in subsection (1) as the ground for a reprisal is the unlawful ground for the reprisal.

(5)For the contravention to happen, it is sufficient if the unlawful ground is a substantial ground for the act or omission that is the reprisal, even if there is another ground for the act or omission.

s 36X ins 2007 No. 28s 50

36YOffence for taking reprisal

(1)A person who takes a reprisal commits an offence.

Maximum penalty—167 penalty units or 2 years imprisonment.

(2)The offence is a misdemeanour.

s 36Y ins 2007 No. 28s 50

36ZDamages entitlement for reprisal

(1)A reprisal is a tort and a person who takes a reprisal is liable in damages to any person who suffers detriment as a result.

(2)Any appropriate remedy that may be granted by a court for a tort 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 or the District Court, it must be decided by a judge sitting without a jury.

s 36Z ins 2007 No. 28s 50

div hdg ins 2007 No. 28s 50

36ZAApplication of provisions of this part

If the commissioning authority acts or purports to act under section 36E and it transpires the event the basis of the action is not a reportable event, the provisions of this part apply as if the event were a reportable event.

s 36ZA ins 2007 No. 28s 50

36ZBRCA report not admissible in evidence

(1)An RCA report is not admissible in evidence in any proceedings, including, for example—

(a)a civil proceeding; or

(b)a criminal proceeding; or

(c)a disciplinary proceeding under the Health Ombudsman Act 2013 or the Health Practitioner Regulation National Law.

(2)However, a copy of an RCA report given to a coroner under section 36Q may be admitted in evidence by a coroner in an inquest under the Coroners Act 2003 into the death of a person—

(a)if section 36Q(1) applies—if the reportable event is the death; or

(b)if section 36Q(2) applies—if the reportable event happened while an ambulance service was being provided to the person.

(3)Subsection (1) applies subject to section 36T(2).

s 36ZB ins 2007 No. 28s 50

amd 2010 No. 14s 3 sch; 2013 No. 13s 5; 2013 No. 36s 331sch 1

36ZCReview of pt 4A

(1)The Minister must, before the second anniversary of the commencement of section 36E, start a review of this part to ensure it is adequately meeting community expectations and its provisions remain appropriate.

(2)The Minister must, as soon as practicable after the review is finished, cause a report of the outcome of the review to be laid before the Legislative Assembly.

s 36ZC ins 2007 No. 28s 50

37Authorised officers

The commissioner may authorise a service officer, or service officers of a class of service officers, to exercise—

(a)all the powers conferred by this Act on an authorised officer; or

(b)any power or class of power conferred by this Act on an authorised officer.

s 37 amd 1997 No. 6s 3 sch

38Powers of authorised officers

(1)An authorised officer, in providing ambulance services, may take any reasonable measures—

(a)to protect persons from any danger or potential danger associated with an emergency situation; and

(b)to protect persons trapped in a vehicle, receptacle, vessel or otherwise endangered; and

(c)to protect themselves or other officers or persons from danger, potential danger or assault from other persons.

(2)Without limiting the measures that may be taken for a purpose specified in subsection (1)(a) or (b), an authorised officer may, for that purpose—

(a)enter any premises, vehicle or vessel; and

(b)open any receptacle, using such force as is reasonably necessary; and

(c)bring any apparatus or equipment onto premises; and

(d)remove from or otherwise deal with, any article or material in the area; and

(e)destroy (wholly or partially) or damage any premises, vehicle, vessel or receptacle; and

(f)cause the gas or electricity supply or motor or any other source of energy to any premises, vehicle, vessel or receptacle to be shut off or disconnected; and

(g)request any person to take all reasonable measures to assist the authorised officer; and

(h)administer such basic life support and advanced life support procedures as are consistent with the training and qualifications of the authorised officer.

(3)Without limiting the measures that may be taken for a purpose specified in subsection (1)(c), an authorised officer may, for that purpose, require any person not to enter into or remain within a specified area around the site of the danger to a patient.

s 38 amd 1998 No. 37s 2 sch

39Protection from certain liability

(1)The State is to indemnify every service officer against all actions, proceedings and claims in relation to—

(a)acts done, or omitted to be done, by the officer under section 38; or

(b)acts done, or omitted to be done, by the officer in good faith for the purposes of section 38.

(2)For the purposes of subsection (1), a service officer includes a person required under section 38(2)(g) to assist an authorised officer.

s 39 amd 1997 No. 6s 3 sch; 2001 No. 76s 2sch 1

40Power to accept gifts etc.

(1)The State and each committee may acquire, for any purpose connected with—

(a)the provision of ambulance services; or

(b)any of its functions;

any property by gift, devise or bequest and may agree to carry out the conditions of the gift, devise or bequest.

(2)If the gift, devise or bequest is of property other than money and is given or made to a committee, the property vests in the State on trust for the committee.

s 40 amd 1997 No. 6 ss 13, 3 sch; 2001 No. 76s 2sch 1

41Codes of practice

(1)The commissioner may issue codes of practice, not inconsistent with this Act, relating to—

(a)the functions, powers, conduct, discipline and appearance of service officers; and

(b)the performance of duties and the training of service officers; 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 for disciplinary action.

s 41 amd 1997 No. 6s 3 sch; 1998 No. 37s 2 sch

pt hdg ins 2008 No. 64s 6

div hdg ins 2008 No. 64s 6

41AAppointment

(1)The commissioner may appoint any of the following persons as an investigation officer—

(a)a public service employee;

(b)a service officer;

(c)a person prescribed under a regulation.

(2)However, the commissioner may appoint a person as an investigation officer only if the commissioner is satisfied the person is qualified for appointment because the person has the necessary expertise or experience.

s 41A ins 2008 No. 64s 6

41BAppointment conditions and limit on powers

(1)An investigation officer holds office on any conditions stated in—

(a)the officer’s instrument of appointment; or

(b)a signed notice given to the officer; or

(c)a regulation.

(2)The instrument of appointment, a signed notice given to the investigation officer or a regulation may limit the officer’s powers under this Act.

(3)In this section—

signed notice means a notice signed by the commissioner.

s 41B ins 2008 No. 64s 6

41CWhen investigation officer ceases to hold office

(1)An investigation officer ceases to hold office if any of the following happens—

(a)the term of office stated in a condition of office ends;

(b)under another condition of office, the officer ceases to hold office.

(2)Subsection (1) does not limit the ways an investigation officer may cease to hold office.

(3)In this section—

condition of office means a condition on which the investigation officer holds office.

s 41C ins 2008 No. 64s 6

41DFunctions of investigation officers

An investigation officer has the function of investigating offences against sections 44 to 45C and 47.

s 41D ins 2008 No. 64s 6

41EIssue of identity card

(1)The commissioner must issue an identity card to each investigation officer.

(2)The identity card must—

(a)contain a recent photo of the investigation officer; and

(b)contain a copy of the investigation officer’s signature; and

(c)identify the person as an investigation officer under this Act; and

(d)state an expiry date for the card.

(3)This section does not prevent the issue of a single identity card to a person for this Act and other purposes.

s 41E ins 2008 No. 64s 6

41FProduction or display of identity card

(1)In exercising a power under this part in relation to a person, an investigation officer must—

(a)produce the officer’s identity card for the person’s inspection before exercising the power; or

(b)have the identity card displayed so it is clearly visible to the 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 the person’s inspection at the first reasonable opportunity.

(3)For subsection (1), an investigation officer does not exercise a power in relation to a person only because the officer has entered a place as mentioned in section 41H(1)(b) or (2).

s 41F ins 2008 No. 64s 6

41GReturn of identity card

A person who ceases to be an investigation officer must return the person’s identity card to the commissioner within 21 days after ceasing to be an investigation officer unless the person has a reasonable excuse.

Maximum penalty—10 penalty units.

s 41G ins 2008 No. 64s 6

div hdg ins 2008 No. 64s 6

41HPower 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 open to the public.

(2)For the purpose of asking the occupier of a place for consent to enter, an investigation officer may, without the occupier’s consent or a warrant—

(a)enter land around premises at the place to an extent that is reasonable to contact the occupier; or

(b)enter part of the place the officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.

(3)In this section—

public place means—

(a)a place to which members of the public have access as of right, whether or not on payment of a fee and whether or not access to the place may be restricted at particular times or for particular purposes; or

(b)a part of a place that the occupier of the place allows members of the public to enter, but only while the place is ordinarily open to members of the public.

s 41H ins 2008 No. 64s 6

41IEntry with consent

(1)This section applies if an investigation officer intends to ask an occupier of a place to consent to the officer or another officer entering the place.

(2)Before asking for the consent, the investigation officer must tell 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 the occupier 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; and

(b)the purpose of the entry; and

(c)the occupier gives the investigation officer consent to enter 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 investigation officer must immediately give a copy to the occupier.

(6)If—

(a)an issue arises in a proceeding about whether the occupier consented to the entry; and

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

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

s 41I ins 2008 No. 64s 6

41JGeneral powers after entering places

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

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

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

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

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

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

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

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

(6)To remove any doubt, it is declared that this section applies to an investigation officer who is also an authorised officer and entered a place for the purpose of exercising a power under section 38(1).

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

s 41J ins 2008 No. 64s 6

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 to reasonably suspect the person has just committed an offence against section 44, 45, 45A, 45B, 45C or 47; or

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

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

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

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

s 41K ins 2008 No. 64s 6

div hdg ins 2008 No. 64s 6

41LProtection from liability

(1)An investigation officer is not civilly liable for an act done, or omission made, honestly and without negligence, when acting as an investigation officer.

(2)If subsection (1) prevents a civil liability attaching to an investigation officer liability attaches instead to the State.

(3)In this section—

investigation officer includes a person required to help an investigation officer under section 41J(3)(b).

s 41L ins 2008 No. 64s 6

42Right of way to ambulances

(1)Despite the provisions of the Transport Operations (Road Use Management) Act 1995, a driver of a vehicle (other than a train), to the extent practicable, is to give clear and uninterrupted passage to—

(a)any ambulance with warning devices sounding or warning lights activated; and

(b)any service officer or any person acting under the direction of a service officer who appears to be doing any act for the purposes of assisting at an accident or other emergency.

(2)A person is not to fail to comply with subsection (1).

Maximum penalty for subsection (2)—50 penalty units or 6 months imprisonment.

s 42 amd 1997 No. 6s 3 sch; 1998 No. 37s 2 sch; 1999 No. 19s 3 sch; 1999 No. 42s 54(3) sch pt 3

43Unauthorised ambulance transport

(1)A person, other than the chief executive or the commissioner, is not to directly or indirectly imply that the person provides or participates in providing ambulance transport without the approval of the Minister and except in accordance with such conditions (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)The Minister may revoke any approval given, or revoke or vary 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 the Hospital and Health Boards Act 2011.

s 43 amd 1997 No. 6s 3 sch; 2001 No. 76s 2sch 1; 2011 No. 32s 332sch 1 pt 2 (amd 2012 No. 9s 47)

44Failure to help investigation officer

(1)A person required to give reasonable help under section 41J(3)(b) must comply with the requirement, unless the person has a reasonable excuse.

Maximum penalty—10 penalty units.

(2)It is a reasonable excuse for the person not to comply with the requirement because complying with the requirement might tend to incriminate the person.

s 44 prev s 44 amd 1991 No. 97s 3sch 2; 1996 No. 61s 15 sch; 1997 No. 6s 3 sch; 2001 No. 7s 302sch 2

om 2003 No. 34s 160

pres s 44 ins 2008 No. 64s 7

45Failure to answer questions

(1)A person of whom a requirement is made under section 41J(3)(c) must, unless the person has a reasonable excuse, comply with the requirement.

Maximum penalty—10 penalty units.

(2)It is a reasonable excuse for the person to fail to comply with the requirement that complying with the requirement might tend to incriminate the person.

s 45 prev s 45 amd 1991 No. 97s 3sch 2; 1997 No. 6s 3 sch

om 2003 No. 34s 161

pres s 45 ins 2008 No. 64s 7

45AFailure to give name or address

(1)A person of whom a personal details requirement is made must comply with the requirement, unless the person has a reasonable 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 and residential address by an investigation officer who suspected the person had committed an offence against this Act; and

(b)the person is not proved to have committed the offence against this Act.

(3)In this section—

personal details requirement means a requirement under section 41K(2) or (4).

s 45A ins 2008 No. 64s 7

45BFalse or misleading statements

A person must not state anything to an investigation officer the person knows is false or misleading in a material particular.

Maximum penalty—10 penalty units.

s 45B ins 2008 No. 64s 7

45CFalse or misleading documents

(1)A person must not give an investigation officer a document containing information the person knows is false or misleading in a material particular.

Maximum penalty—10 penalty units.

(2)Subsection (1) does not apply to a person if the person, when giving the document—

(a)tells the investigation officer, to the best of the person’s ability, how it is false or misleading; and

(b)if the person has, or can reasonably obtain, the correct information—gives the correct information.

s 45C ins 2008 No. 64s 7

46Obstruction

A person must not wilfully obstruct or hinder any person acting under the authority of this Act.

Maximum penalty—16 penalty units.

s 46 amd 2000 No. 5s 461sch 3

47False calls for ambulance service

(1)A person must not request that the service provide an ambulance service for a person (the patient), unless the patient is sick or injured and requires an ambulance service.

Maximum penalty—100 penalty units or 1 year’s imprisonment.

(2)For subsection (1), a request may be made orally, in writing or by conduct.

(3)An infringement notice under the State Penalties Enforcement Act 1999 may be issued to a person for a contravention of subsection (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.

s 47 amd 1997 No. 6s 3 sch; 2001 No. 76s 2sch 1

sub 2008 No. 64s 8

48Restricted use of words ‘Ambulance Service’

(1)A person must not—

(a)without the written authority of the Minister—use the words ‘Ambulance Service’ or any similar name, title or description; or

(b)represent that the person is associated with the service unless such an association exists; or

(c)without the written authority of the Minister—use the word ‘Ambulance’ on any vehicle that is not operated by the service; or

(d)impersonate a service officer; or

(e)without the written authority of the Minister—use any insignia of the service in any manner contrary to the manner 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 the Hospital and Health Boards Act 2011; and

(b)the use of the word ‘Ambulance’ by St John Ambulance Australia-Queensland as part of its name; and

(c)the use of the words ‘animal ambulance’ on a vehicle owned or operated by an animal welfare organisation for the transport of sick or injured animals.

s 48 amd 1991 No. 97s 3sch 2; 1997 No. 6s 3 sch; 2001 No. 76s 2sch 1; 2003 No. 34s 162; 2011 No. 32s 332sch 1 pt 2 (amd 2012 No. 9s 47)

49Unauthorised disclosure of confidential information by a designated officer

(1)A designated officer or former designated officer must not, whether directly or indirectly, disclose confidential information 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 confidential information to the person to whom the confidential information relates.

(3)In this section—

confidential information means information a person has because of being a designated officer that identifies a person as a person who is receiving, or has received, an ambulance service.

designated officer means—

(a)the chief executive; or

(b)a service officer; or

(c)an honorary ambulance officer; or

(d)an agent of the service.

former designated officer means a person who was, but is no longer, a designated officer.

s 49 amd 1997 No. 6s 3 sch; 2001 No. 7s 302sch 2; 2002 No. 74s 90 sch

sub 2008 No. 64s 9

49AUnauthorised disclosure of confidential information by an informed person

(1)This section applies to a person (an informed person) who has confidential information disclosed to the person, whether directly 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 confidential information—

(a)to the person to whom the confidential information relates; or

(b)for a lawful purpose for which the confidential information was originally disclosed to the informed person; or

(c)required or allowed under an agreement specified in section 50L; or

(d)authorised under an Act or another law.

(4)In this section—

confidential information means information an informed person has because of subsection (1) that identifies a person as a person who is receiving, or has received, an ambulance service.

designated officer means—

(a)the chief executive; or

(b)a service officer; or

(c)an honorary ambulance officer; or

(d)an agent of the service.

s 49A ins 2008 No. 64s 9

50Proceedings for offences

(1)A prosecution for an offence against this Act is to be by way of summary proceedings under the Justices Act 1886 on complaint of—

(a)a person authorised by the chief executive for that purpose, either generally or in a particular case; or

(b)a police officer.

(2)The authority of a person referred to in subsection (1)(a) to make a complaint is to be presumed until the contrary is proved.

(3)The requirement to proceed in a summary way is subject to section 50B.

s 50 amd 2001 No. 76s 2sch 1; 2007 No. 28s 51

50AProceedings for indictable offences

(1)A proceeding for an indictable offence against this Act may be taken, at the election of the prosecution—

(a)by way of summary proceeding under the Justices Act 1886; or

(b)on indictment.

(2)A magistrate must not hear an indictable offence summarily if—

(a)the defendant asks at the start of the hearing that the charge be prosecuted on indictment; or

(b)the magistrate considers the charge should be prosecuted on indictment.

(3)If subsection (2) applies—

(a)the magistrate must proceed by way of an examination of witnesses for an indictable offence; and

(b)a plea of the person charged at the start of the proceeding must be disregarded; and

(c)evidence brought in the proceeding before the magistrate decided to act under subsection (2) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and

(d)before committing the person for trial or sentence, the magistrate must make a statement to the person as required by the Justices Act 1886, section 104(2)(b).

s 50A ins 2007 No. 28s 52

50BLimitation on who may summarily hear indictable offence

(1)The proceeding must be before a magistrate if it is a proceeding—

(a)for the summary conviction of a person on a charge for an indictable offence; or

(b)for an examination of witnesses for a charge for an indictable offence.

(2)However, if the proceeding is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order within the meaning of the Justices of the Peace and Commissioners for Declarations Act 1991.

s 50B ins 2007 No. 28s 52

50COrder for payment if guilty of false call

(1)If a person is convicted by a court of an offence against section 47, the court may order the person to pay to the service, a reasonable amount for the expenses of or incidental to the provision of the ambulance service that was requested by the person.

(2)The court may make an order under subsection (1) in addition to imposing a penalty for the offence.

(3)An amount ordered to be paid under subsection (1) may be recovered by the service as a debt owing to it by the person.

(4)Subsection (1) does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law.

s 50C ins 2008 No. 64s 10

div hdg ins 2008 No. 64s 11

50DDefinitions for div 1

In this division—

confidential information means information a person has because of being a designated officer that identifies a person as a person who is receiving, or has received, an ambulance service.

designated officer means—

(a)the chief executive; or

(b)a service officer; or

(c)an honorary ambulance officer; or

(d)an agent of the service.

health practitioner registration Act...

def health practitioner registration Act om 2010 No. 14s 3 sch

health professional means a person registered under the Health Practitioner Regulation National Law to practise, other than as a student, in any of the following—

(a)the medical profession;

(b)the medical radiation practice profession;

(c)the nursing and midwifery profession;

(d)the occupational therapy profession;

(e)the pharmacy profession;

(f)the physiotherapy profession;

(g)the psychology profession.

def health professional sub 2010 No. 14s 3 sch; 2012 No. 10s 4

s 50D ins 2008 No. 64s 11

50EDisclosure required or permitted by law

A designated officer is authorised to disclose confidential information if the disclosure is required or permitted by an Act or another law.

s 50E ins 2008 No. 64s 11

50FDisclosure with consent

(1)A designated officer is authorised to disclose confidential information if the person to whom the confidential information relates consents to the disclosure.

(2)However, if the person to whom the confidential information relates (the patient) does not have capacity to consent to the disclosure, the disclosure is authorised if another person who is authorised to consent on the patient’s behalf consents to the disclosure.

Example of a person who is authorised to consent on behalf of a patient—

a parent or guardian

s 50F ins 2008 No. 64s 11

50GDisclosure to person who has sufficient interest in health and welfare of person

(1)A designated officer is authorised to disclose confidential information if the disclosure is to a person who, in the officer’s reasonable opinion, has a sufficient personal interest in the health and welfare of the person to whom the confidential information relates.

Examples of a person who may have sufficient personal interest in the health and welfare of a person to whom confidential information relates—

•the person’s child, guardian, parent or spouse

•an adult who is providing home care to the person because of a chronic condition or disability

•a medical practitioner who has had responsibility for the care and treatment of the person

(2)However, subsection (1) does not apply if the person to whom the confidential information relates requests the information not to be disclosed.

(3)For subsection (1), if the person to whom the confidential information relates is deceased another person has a sufficient personal interest in the health and welfare of the deceased person if, in the officer’s reasonable opinion, the other person would have had a sufficient interest while the deceased person was alive.

s 50G ins 2008 No. 64s 11

50HDisclosure of confidential information for care or treatment of person

A designated officer is authorised to disclose confidential information if the disclosure is required for the care or treatment of the person to whom the information relates and the disclosure is to—

(a)an employee of a hospital who processes admissions of patients to the hospital; or

(b)a health professional; or

(c)an honorary ambulance officer or service officer; or

(d)a member of an ambulance service (or similar body providing ambulance services) from outside Queensland.

s 50H ins 2008 No. 64s 11

50IDisclosure is general condition of person

(1)A designated officer is authorised to disclose confidential information if the confidential information is about the condition of the person to whom the confidential information relates and is communicated in general terms.

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 whom the confidential information relates requests the information not to be disclosed.

s 50I ins 2008 No. 64s 11

50JDisclosure to police or corrective services officers

(1)A designated officer is authorised to disclose confidential information if the disclosure is to—

(a)a police officer for the purpose of the police officer exercising a power under the Police Powers and Responsibilities Act 2000 in relation to the person to whom the confidential information relates; or

(b)a police officer and the person to whom the confidential information relates is in the custody of police; or

(c)a corrective services officer and the person to whom the confidential information relates is in the custody of the chief executive (corrections).

Note—

See the Corrective Services Act 2006, section 7, for when a person is taken to be in the custody the chief executive (corrections).

(2)In this section—

chief executive (corrections) means the chief executive of the department in which the Corrective Services Act 2006 is administered.

corrective services officer has the meaning given by the Corrective Services Act 2006.

s 50J ins 2008 No. 64s 11

50KDisclosure for administering, monitoring or enforcing compliance with Act

A designated officer is authorised to disclose confidential information if the disclosure is—

(a)made for the purpose of administering, monitoring or enforcing 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 or determining if a service officer or honorary ambulance officer has failed to comply with a code of practice.

s 50K ins 2008 No. 64s 11

50LDisclosure to Commonwealth, another State or Commonwealth or State entity

(1)A designated officer is authorised to disclose confidential information if—

(a)the disclosure is to the Commonwealth or another State, or an entity of the Commonwealth or another State and the disclosure is required or allowed under an agreement—

(i)between Queensland and the Commonwealth, State or entity; and

(ii)prescribed under a regulation for this paragraph; or

(b)the disclosure is to an entity of the State and the disclosure 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 department and an entity established under an Act for a public purpose.

s 50L ins 2008 No. 64s 11

50MDisclosure to health ombudsman

A designated officer is authorised to disclose confidential information to the health ombudsman for a purpose of the Health Ombudsman Act 2013, including for the purpose of—

(a)making, or giving information about, a health service complaint under that Act; or

(b)answering questions or otherwise giving information as part of an investigation under that Act; or

(c)giving aggregated data, including data that identifies persons, about complaint management, patient safety or another matter relating to the quality of health services.

s 50M ins 2008 No. 64s 11

sub 2013 No. 36s 331sch 1

50NDisclosure to Australian Red Cross Society

A designated officer is authorised to disclose confidential information if the disclosure is to the Australian Red Cross Society for the purpose of tracing blood, or blood products derived from blood, infected with any disease or the donor or recipient of any such blood.

s 50N ins 2008 No. 64s 11

50ODisclosure to person performing function under Coroners Act 2003

A designated officer is authorised to disclose confidential information if the disclosure is to a person who requires the information to perform a function under the Coroners Act 2003, other than the preparation of an annual report.

s 50O ins 2008 No. 64s 11

50PDisclosure is authorised by chief executive

(1)A designated officer is authorised to disclose confidential information if the chief executive has, in writing, authorised the disclosure.

(2)The chief executive may only authorise a disclosure of confidential information under subsection (1) if the chief executive is satisfied, on reasonable grounds, that the disclosure is—

(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 to whom the confidential information relates; or

(c)made for the purpose of research which has the approval of an appropriate ethics committee.

(3)The department’s annual report for a financial year under the Financial Accountability Act 2009 must include details of—

(a)the nature of any confidential information disclosed under subsection (1) during the financial year; and

(b)the purpose for which the confidential information was disclosed.

(4)However, the details mentioned in subsection (3)(a) must not identify, directly or indirectly, the person to whom the confidential information relates.

(5)Despite the Public Service Act 2008, section 103, the chief executive may not delegate the chief executive’s power under subsection (1).

s 50P ins 2008 No. 64s 11

50QNecessary or incidental disclosure

A designated officer is authorised to disclose confidential information if the disclosure of confidential information by a designated person is necessary or incidental to a disclosure of confidential information otherwise permitted under this division.

Examples of necessary or incidental disclosure—

•the disclosure of confidential information to support staff at a public sector hospital who make appointments for patients, maintain patient records and undertake other administrative tasks

•the disclosure of confidential information to advise the chief executive about authorising the disclosure of confidential information under section 50P

•accessing contact details for a person to seek the person’s consent under section 50F to the disclosure of confidential information

•permitting contractors to access databases to write, test or analyse programs, perform database administration tasks or maintain technical aspects of computer hardware

s 50Q ins 2008 No. 64s 11

50RApplication of this division to former designated officers

(1)Section 50E, 50F, 50J, 50M, 50O or 50Q (the relevant provision) applies to the disclosure of confidential information by a former designated person in the same way as it applies to the disclosure of confidential information by a designated person.

(2)For subsection (1), a reference in the relevant provision to a designated person is taken to be a reference to a former designated person.

(3)In this section—

former designated officer means a person who was, but is no longer, a designated officer.

s 50R ins 2008 No. 64s 11

div hdg ins 2008 No. 64s 11

51Exemption from tolls

A service officer driving an ambulance, and the vehicle, are exempt from the payment of any toll in respect of the use of any road, bridge or vehicular ferry.

s 51 amd 1997 No. 6s 3 sch

52Interstate assistance at accidents

(1)In this section—

officer in charge means the person who, under a direction of the commissioner, is in charge at an accident.

(2)Every member of an ambulance service (or similar body providing ambulance services) from outside Queensland who assists at an accident in Queensland and any plant and equipment in the member’s charge is at the disposal of the officer in charge and is taken to be under the control and direction of that officer.

(3)If there is no officer in charge, the member of the ambulance service or similar body from outside Queensland who is in charge of other members of that ambulance service or similar body has—

(a)the control and direction of all persons assisting at the accident; and

(b)all the powers conferred by or under this Act on an authorised officer.

53AFunction of Emergency Services Advisory Council

(1)For this Act, the council’s function is to advise the Minister about—

(a)the extent to which current service delivery by the service—

(i)satisfies community needs; and

(ii)contributes to the achievement of the Government’s desired outcomes for the community; and

(b)anything else relevant to the functions of the service, referred to the council by the Minister.

(2)In this section—

council means the Emergency Services Advisory Council established under the Fire and Emergency Services Act 1990.

s 53A ins 1998 No. 37s 7

amd 2003 No. 19s 3 sch; 2008 No. 64s 12; 2014 No. 17s 184sch 1 pt 2

53BExemption from payment for ambulance service

(1)Subject to subsection (3), the following persons are not liable to pay a charge under this Act for the use of an ambulance service—

(a)an individual whose principal place of residence is in Queensland;

(b)another individual who is—

(i)a dependant of a person mentioned in paragraph (a); or

(ii)under 25 and a full-time student at an educational institution in the State; or

(iii)under 25 and a full-time student at an educational institution in another State or a Territory if the student is a child of a person mentioned in paragraph (a).

(2)In deciding whether an individual’s principal place of residence is in Queensland, all of the person’s circumstances may be taken into account, including, for example, any of the following circumstances—

(a)the individual’s address as shown on the individual’s driver’s licence or an electoral roll for an electoral district under the Electoral Act 1992;

(b)whether the individual is living outside of the State.

(3)If an ambulance service is provided to a person, a fee prescribed under a regulation is payable by the person if the person is entitled to recover the amount of the fee under any of the following—

(a)the Workers’ Compensation and Rehabilitation Act 2003;

(b)the Veterans’ Entitlements Act 1986 (Cwlth);

(c)another law of a State, a Territory or the Commonwealth.

s 53B ins 2003 No. 34s 163

amd 2004 No. 53s 2 sch

53CAgreement about payment for ambulance service

The chief executive may enter into an agreement with any of the following entities about the payment of an amount for ambulance services provided to a person under this Act—

(a)WorkCover Queensland established under the Workers’ Compensation and Rehabilitation Act 2003;

(b)the Repatriation Commission continued in existence under the Veterans’ Entitlements Act 1986 (Cwlth), section 179;

(c)the chief executive of the department in which the Hospital and Health Boards Act 2011 is administered;

(d)another entity the chief executive considers appropriate.

s 53C ins 2003 No. 34s 163

amd 2004 No. 53s 2 sch; 2005 No. 48sch 1; 2011 No. 32s 332sch 1 pt 2 (amd 2012 No. 9s 47)

53DRecovery of fees and charges

A fee or charge payable under this Act and not paid is a debt due to the State and may be recovered by the chief executive in a court having jurisdiction for the recovery of the amount claimed.

s 53D ins 2003 No. 34s 163

54Regulation-making power

(1)The Governor in Council may make regulations under this Act.

(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 entitlements of and the conditions of employment, occupational superannuation, retrenchment or redundancy of service officers; and

(d)the procedures to be followed by an RCA team in its conduct of an RCA of a reportable event.

(4)The chief executive may set fees for the special use of ambulance services and vehicles not otherwise provided for under subsection (2).

(5)A regulation may impose a penalty not exceeding 16 penalty units 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 penalty units.

s 54 amd 1995 No. 57s 4sch 1; 1997 No. 6s 3 sch; 2001 No. 76s 2sch 1; 2003 No. 34s 164; 2007 No. 28s 53

pt hdg sub 1997 No. 6s 14

div hdg ins 1998 No. 37s 2 sch

54ADefinitions

In this division—

amendment Act means the Ambulance Service Amendment Act 1997.

commencement means the commencement of the amendment Act, section 5.

corporation means the corporation sole under this Act as in force immediately before the commencement.

former service means the Queensland Ambulance Service in existence immediately before the commencement.

transferred officer means a person taken to be employed as an ambulance, medical or administrative officer of the service under section 61, 62 or 63.

s 54A ins 1997 No. 6s 15

amd 1998 No. 37s 2 sch

55Superannuation entitlements

(1)The Queensland Ambulance Service Superannuation Scheme is continued in existence.

(2)A person who, under section 8.2 becomes an employee of the Queensland Ambulance Service—

(a)retains all entitlements accrued or accruing to that person as a contributor to or member of the superannuation scheme to which that person contributed and was a member of immediately prior to the commencement of this Act; and

(b)is entitled to payments and other benefits from it in respect of that person.

(3)A person who becomes an employee of the Queensland Ambulance Service is to continue to contribute to the scheme referred to in subsection (1).

(4)The trustees may amend the scheme.

(5)However, an amendment prejudicing a right accrued or accruing to a person under the scheme may be made only if the person has given written consent to the amendment.

s 55 amd 1994 No. 87s 3sch 1; 1995 No. 36s 9sch 2

56References to the board and previous committees

(1)A reference in any Act, will, document or writing to the State Council of the Queensland Ambulance Transport Brigade, the board or a previous committee is to be construed as a reference to the service or the relevant committee, as the case may require.

(2)In subsection (1)—

board means the Queensland Ambulance Services Board constituted under the Ambulance Services Act 1967, section 6.

previous committee means a committee constituted under the Ambulance Services Act 1967, section 19.

s 56 amd 1997 No. 6s 16

57References to Ambulance Services Act 1967

In an Act or document, a reference to the Ambulance Services Act 1967 is taken to be a reference to this Act.

s 57 ins 1994 No. 15s 3sch 2

58References to corporation and former service

A reference in an Act or document in existence immediately before the commencement to the corporation or former service is a reference to the service.

s 58 ins 1997 No. 6s 17

59Vesting of assets

On the commencement, the assets, rights and liabilities of the corporation or former service vest in the service.

s 59 ins 1997 No. 6s 17

60Legal proceedings

A legal proceeding that could have been started or continued by or against the corporation or the former service before the commencement may be started or continued by or against the service.

s 60 ins 1997 No. 6s 17

61Ambulance officers

(1)A person who, immediately before the commencement, was employed as an ambulance officer of the former service is, on the commencement, taken to be employed as an ambulance officer of the service.

(2)Subsection (1) does not apply to a person holding office as an honorary ambulance officer.

s 61 ins 1997 No. 6s 17

62Medical officers

A person who, immediately before the commencement, was employed as a medical officer of the former service is, on the commencement, taken to be employed as a medical officer of the service.

s 62 ins 1997 No. 6s 17

63Administrative and service officers

A person who, immediately before the commencement, was employed as an administrative or service officer of the former service is, on the commencement, taken to be employed as an administrative officer of the service.

s 63 ins 1997 No. 6s 17

64Conditions of employment of transferred officers

(1)The conditions of employment applying to a transferred officer must be no less favourable than the conditions that applied to the officer immediately before the commencement.

(2)A transferred officer remains entitled to all rights accrued or accruing to the officer as an employee of the former service.

(3)Without limiting subsection (2), a transferred officer is entitled to receive annual, sick and long service leave and any similar entitlements accrued or accruing to the officer as an employee of the former service.

(4)The recognised service of a transferred officer is taken to be service as an employee of the service for the purpose of any law dealing with rights or entitlements mentioned in this section.

(5)In subsection (4)—

recognised service of a transferred officer means the officer’s service as an employee of the former service, and includes any previous service of the officer taken to be service with the former service.

s 64 ins 1997 No. 6s 17

65Honorary ambulance officers

A person who, immediately before the commencement, was an honorary ambulance officer with the former service is taken to be appointed as an honorary ambulance officer for the service.

s 65 ins 1997 No. 6s 17

66Trusts

On the commencement, any property that, immediately before the commencement, was held in trust by the former service or the corporation vests in the service on the same trusts to which the property was subject immediately before the vesting.

s 66 ins 1997 No. 6s 17

67Duty to assist transfer of property

(1)The registrar of titles and all persons who keep registers of dealings in property must, if asked by the service, make in the register all entries necessary to record the vesting of property in the service by this division.

(2)A request under this section is not liable to fees or stamp duty.

s 67 ins 1997 No. 6s 17

amd 1998 No. 37s 2 sch

div hdg ins 1998 No. 37s 8

68Board members go out of office

(1)On the commencement of this section the members of the board go out of office.

(2)In this section—

board means the service’s board under this Act as in force immediately before the commencement of the Emergency Services Legislation Amendment Act 1998.

s 68 prev s 68 ins 1997 No. 6s 17

exp 13 July 1998 (see s 68(2))

pres s 68 ins 1998 No. 37s 8

div hdg ins 2001 No. 76s 10

69Definitions for div 3

In this division—

Act after amendment means the Ambulance Service Act 1991 as in force immediately after the commencement.

Act before amendment means the Ambulance Service Act 1991 as in force immediately before the commencement.

amendment Act means the Emergency Services Legislation Amendment Act 2001.

commencement means the commencement of the amendment Act.

former service means the Queensland Ambulance Service in existence immediately before the commencement.

transferred officer means a person taken to be employed as a service officer under section 76.

s 69 ins 2001 No. 76s 10

70Former service dissolved

The corporate entity that is the former service is dissolved.

s 70 ins 2001 No. 76s 10

71Superannuation entitlements

The amendment Act does not—

(a)affect the continuation of a transferred officer as an employed member for the purposes of the Superannuation (State Public Sector) Deed 1990; or

(b)otherwise affect any superannuation of a transferred officer.

s 71 ins 2001 No. 76s 10

72References to former service

A reference in an Act or document in existence immediately before the commencement to the former service is, if the context permits, taken to be a reference to the State.

s 72 ins 2001 No. 76s 10

73Vesting of assets

On the commencement, the assets, rights and liabilities of the former service vest in the State.

s 73 ins 2001 No. 76s 10

74Legal or disciplinary proceedings

(1)A legal proceeding relating to something that happened before the commencement that could have been started or continued by or against the former service if the Amendment Act had not been passed may from the commencement be started or continued by or against the State.

(2)A disciplinary proceeding relating to something that happened before the commencement that could have been started or continued by the former service if the Amendment Act had not been passed may from the commencement be started or continued by the chief executive.

s 74 ins 2001 No. 76s 10

75Suspension

The suspension of a service officer in force immediately before the commencement is taken, from the commencement, to continue in force under this Act.

s 75 ins 2001 No. 76s 10

76Service officers

A person who, immediately before the commencement, was employed as a service officer of the former service is, on the commencement, taken to be employed as a service officer of an equivalent class for the service.

s 76 ins 2001 No. 76s 10

77Conditions of employment of transferred officers

(1)The conditions of employment applying to a transferred officer must be no less favourable than the conditions that applied to the officer immediately before the commencement.

(2)A transferred officer remains entitled to all rights accrued or accruing to the officer as an employee of the former service.

(3)Without limiting subsection (2), a transferred officer is entitled to receive annual, sick and long service leave and any similar entitlements accrued or accruing to the officer as an employee of the former service.

(4)Subsection (1) does not limit section 13.

s 77 ins 2001 No. 76s 10

78Honorary ambulance officers

A person who, immediately before the commencement, was an honorary ambulance officer with the former service is taken, on the commencement, to be appointed as an honorary ambulance officer for the service.

s 78 ins 2001 No. 76s 10

79Trusts

Any property that, immediately before the commencement, was held in trust by the former service, on the commencement, vests in the State on the same trusts to which the property was subject immediately before the vesting.

s 79 ins 2001 No. 76s 10

80Duty to help transfer of property

(1)The registrar of titles and all persons who keep registers of dealings in property must, if asked by the chief executive, make in the register all entries necessary to record the vesting of property in the State by this division.

(2)A request under this section is not liable to fees or stamp duty.

s 80 ins 2001 No. 76s 10

81Things taken to have been done etc. by commissioner

(1)Anything declared, done, given, granted, made or issued by the commissioner under a commissioner’s section and in force, or having effect, immediately before the commencement is, from the commencement, taken to have been declared, done, given, granted, made or issued by the commissioner.

(2)If the action mentioned in subsection (1) involves a period of time, the subsection must not be taken to extend or otherwise affect the period.

(3)In this section—

commissioner’s section means a section that, immediately before the commencement, referred to action of the commissioner as commissioner of the former service and after the commencement refers to action of the commissioner of the service.

s 81 ins 2001 No. 76s 10

82Things taken to have been done etc. by chief executive

(1)Anything declared, done, given, granted, made or issued by the commissioner under a chief executive’s section and in force, or having effect, immediately before the commencement is, from the commencement, taken to have been declared, done, given, granted, made or issued by the chief executive.

(2)If the action mentioned in subsection (1) involves a period of time, the subsection must not be taken to extend or otherwise affect the period.

(3)In this section—

chief executive’s section means a section that, immediately before the commencement, referred to action of the commissioner and after the commencement refers to action of the chief executive.

s 82 ins 2001 No. 76s 10

83Other things taken to have been done etc. by chief executive

(1)Anything declared, done, given, granted, made or issued by the former service under a chief executive’s section and in force, or having effect, immediately before the commencement is, from the commencement, taken to have been declared, done, given, granted, made or issued by the chief executive.

(2)If the action mentioned in subsection (1) involves a period of time, the subsection must not be taken to extend or otherwise affect the period.

(3)In this section—

chief executive’s section means a section that, immediately before the commencement, referred to action of the former service and after the commencement refers to action of the chief executive.

s 83 ins 2001 No. 76s 10

84Other things taken to have been done etc. by the State

(1)Anything declared, done, given, granted, made or issued by the former service under a State’s section and in force, or having effect, immediately before the commencement is, from the 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 of time, the subsection must not be taken to extend or otherwise affect the period.

(3)In this section—

State’s section means a section that, immediately before the commencement, referred to action of the former service and after the commencement refers to action by the State.

s 84 ins 2001 No. 76s 10

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 of the accounts for the Ambulance Service Fund as the opening balance of the accounts for the new fund.

(2)An entry that, apart from subsection (1), would need to be made in the accounts for the Ambulance Service Fund must be made in the accounts for the new fund.

(3)In this section—

Ambulance Service Fund means the Ambulance Service Fund mentioned in the Financial Administration and Audit Act 1977, schedule 2, immediately before the commencement of this section.

new fund means the Queensland Ambulance Service Fund established under section 19.

s 85 ins 2001 No. 76s 10

div hdg ins 2002 No. 60s 10

87Definitions for div 4

In this division—

approval day means the day the Minister approves, under section 31A(1), the constitution for the conduct of a committee’s business.

former constitution, of a committee, means the committee’s constitution immediately before the approval day.

s 87 ins 2002 No. 60s 10

88Former constitution ceases to apply

On the approval day, a committee’s former constitution ceases to apply to the committee.

s 88 ins 2002 No. 60s 10

89Committee members continue in office

(1)This section applies to a person who, immediately before the approval day, is a member of a committee.

(2)Subject to section 29(2), (2A) and (9) and section 35, the person continues as a member of the committee, unless the person earlier resigns—

(a)for the period the person would have been a member under the committee’s former constitution; or

(b)until the end of any longer period specified under section 29(6).

s 89 ins 2002 No. 60s 10

90Office holders continue to hold office

(1)This section applies to a person who, immediately before the approval day, holds an office mentioned in section 29(3)(a) to (d) for a committee.

(2)Subject to section 29(2), (2A) and (9) and section 35, the person continues to hold the office, unless the person earlier resigns—

(a)for the period the person would have been a member of the committee under the committee’s former constitution; or

(b)until the end of any longer period specified under section 29(6).

s 90 ins 2002 No. 60s 10

91Minister must notify approval day

The Minister must notify the approval day by a gazette notice.

s 91 ins 2002 No. 60s 10

div hdg ins 2003 No. 34s 165

92Definitions for div 5

In this division—

commencement means the commencement of this section.

former subscriber means a person who, immediately before the commencement, is a subscriber under the pre-amended Act.

pre-amended Act means this Act as in force before the commencement.

s 92 ins 2003 No. 34s 165

93Former subscriber’s entitlement ends

On the commencement, a former subscriber’s entitlement to ambulance services under the pre-amended Act ends.

s 93 ins 2003 No. 34s 165

94Charge not payable for particular ambulance service

(1)This section applies to an ambulance service provided to a person mentioned in section 53B(1) if the provision of the service began before the commencement and ended after the commencement.

(2)The person is not liable to pay a charge under this Act for the use of the ambulance service.

s 94 ins 2003 No. 34s 165

95Continuation of written authority

(1)This section applies to a written authority of the commissioner mentioned in section 48(1)(a), (c) or (e) of the pre-amended Act if the authority is in force immediately before the commencement.

(2)After the commencement, the written authority is taken to be a written authority of the Minister under section 48(1)(a), (c) or (e).

s 95 ins 2003 No. 34s 165

div hdg ins 2010 No. 37s 9

96Definition for div 6

In this division—

commencement means the commencement of this section.

s 96 ins 2010 No. 37s 9

97Disciplinary action for acts or omissions happening before commencement

(1)Part 2, division 4, subdivision 1 applies in relation to a disciplinary ground arising before the commencement only if, before the commencement, disciplinary action could have been taken against a service officer on the same ground under a relevant disciplinary provision.

(2)If, at the commencement, the chief executive or commissioner has started disciplinary action against a service officer under a relevant disciplinary provision—

(a)the chief executive may continue to take disciplinary action against the person under part 2, division 4, subdivision 1; and

(b)for that purpose, anything done by the chief executive or commissioner in relation to the disciplinary action under the relevant disciplinary provision is taken to have been done by the chief executive under part 2, division 4, subdivision 1.

(3)In this section—

relevant disciplinary provision means a disciplinary provision of a code of practice.

s 97 ins 2010 No. 37s 9

98Disciplinary action against former public service employee or fire service officer

Part 2, division 4, subdivision 2 only applies to a service officer who commenced employment under section 13 after the commencement.

s 98 ins 2010 No. 37s 9

99Disciplinary action against former service officer

Part 2, division 4, subdivisions 3 and 4 apply to a person who was a service officer only if the person’s employment under section 13 ends after the commencement.

s 99 ins 2010 No. 37s 9

div hdg ins 2014 No. 65s 14

100Transitional provision for chain of event documents

(1)This section applies if, before the commencement, an RCA team conducting an RCA of a reportable event prepared a chain of events document in relation to the event.

(2)Part 4A, divisions 5 and 6, as in force immediately before the commencement, continue to apply in relation to the chain of events document as if the Health and Other Legislation Amendment Act 2014 had not been enacted.

(3)In this section—

chain of events document see section 36G(2) as in force from time to time before the commencement.

s 100 ins 2014 No. 65s 14

section 2

ambulance officer means an ambulance officer appointed under section 13 and an honorary ambulance officer appointed under section 14.

def ambulance officer reloc 2002 No. 60 s 4(3)

ambulance service means service relating to the work of rendering emergency treatment and patient care to, and the transport of, sick and injured persons.

def ambulance service reloc 2002 No. 60 s 4(3)

amd 2008 No. 64 s 13(2)

appointed member ...

def appointed member ins 1997 No. 6 s 4(3)

om from prev s 2 1998 No. 37 s 2 sch

approved superannuation scheme means—

(a)the Queensland Ambulance Service Superannuation Scheme; or

(b)another superannuation scheme approved by the Governor in Council under section 17.

def approved superannuation scheme ins 1997 No. 6 s 4(3)

reloc 2002 No. 60 s 4(3)

authorised officer means an officer authorised under section 37.

def authorised officer reloc 2002 No. 60 s 4(3)

award ...

def award ins 2010 No. 37 s 10

om 2016 No. 63 s 1157 sch 6

blameworthy act, for part 4A, division 4, see section 36I.

def blameworthy act ins 2007 No. 28 s 54

board ...

def board sub 1997 No. 6 s 4(2)–(3)

om from prev s 2 1998 No. 37 s 2 sch

chain of events document ...

def chain of events document ins 2007 No. 28 s 54

om 2014 No. 65 s 15(1)

chief executive officer ...

def chief executive officer ins 1998 No. 37 s 2 sch

om from prev s 2 2001 No. 76 s 3

code of practice means a code of practice under section 41.

def code of practice ins 2010 No. 37 s 10

commencement, for part 8, division 6, see section 96.

def commencement ins 2010 No. 37 s 10

commissioner means the commissioner of the service appointed under section 4.

def commissioner amd 1997 No. 6 s 4(4)

reloc 2002 No. 60 s 4(3)

commissioning authority, for part 4A, see section 36A.

def commissioning authority ins 2007 No. 28 s 54

committee means a local ambulance committee established under section 26.

def committee reloc 2002 No. 60 s 4(3)

constitution, of a committee, means the committee’s constitution under this Act.

def constitution ins 2002 No. 60 s 4(2)

reloc 2002 No. 60 s 4(3)

conviction includes a plea of guilty or a finding of guilt by a court even though a conviction is not recorded.

def conviction ins 1997 No. 6 s 4(3)

reloc 2002 No. 60 s 4(3)

coroner, for part 4A, see section 36A.

def coroner ins 2007 No. 28 s 54

corporation ...

def corporation om from prev s 2 1997 No. 6 s 4(2)

director ...

def director om from prev s 2 1997 No. 6 s 4(2)

disciplinary action see section 18B(1).

def disciplinary action ins 2010 No. 37 s 10

disciplinary declaration, in relation to a person, means—

(a)for a disciplinary declaration made under a public sector disciplinary law—

(i)a disciplinary declaration made under—

(A)the Public Service Act 2008, section 188A(7); or

(B)the Police Service Administration Act 1990, section 7A.2(2); or

(C)the repealed Misconduct Tribunals Act 1997 or the QCAT Act; or

(D)the Fire and Emergency Services Act 1990, section 30H(5); or

(ii)a declaration under a public sector disciplinary law (other than a public sector disciplinary law mentioned in subparagraph (i)) that states the disciplinary action that would have been taken against the person if the person’s employment had not ended; or

(b)otherwise, a disciplinary declaration made under section 18I(5).

def disciplinary declaration ins 2010 No. 37 s 10

amd 2014 No. 17 s 184 sch 1 pt 2

disciplinary finding—

(a)generally means a finding that a disciplinary ground exists; and

(b)for part 2, division 4, subdivision 2, see section 18D.

def disciplinary finding ins 2010 No. 37 s 10

disciplinary ground means a ground for disciplining a service officer under section 18A.

def disciplinary ground ins 2010 No. 37 s 10

employee of a previous committee ...

def employee of a previous committee om from prev s 2 1997 No. 6 s 4(2)

employee of the board ...

def employee of the board om from prev s 2 1997 No. 6 s 4(2)

employing chief executive, for part 2, division 4, subdivision 2, see section 18D.

def employing chief executive ins 2010 No. 37 s 10

excluded notifiable conduct, for part 4A, division 5, see section 36L.

def excluded notifiable conduct ins 2010 No. 14 s 7

fire service chief executive means the chief executive under the Fire and Emergency Services Act 1990.

def fire service chief executive ins 2010 No. 37 s 10

amd 2014 No. 17 s 184 sch 1 pt 2

fire service officer means a person employed under the Fire and Emergency Services Act 1990, section 25.

def fire service officer ins 2010 No. 37 s 10

amd 2014 No. 17 s 184 sch 1 pt 2

former service officer, for part 2, division 4, subdivision 3, see section 18H(1)(a).

def former service officer ins 2010 No. 37 s 10

health ombudsman means the health ombudsman under the Health Ombudsman Act 2013.

def health ombudsman ins 2013 No. 36 s 331 sch 1

Health Practitioner Regulation National Law (Queensland) see the Health Practitioner Regulation National Law Act 2009, section 4.

def Health Practitioner Regulation National Law (Queensland) ins 2012 No. 10 s 5

health service see the Health Ombudsman Act 2013, section 7.

def health service ins 2008 No. 64 s 13(1)

sub 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47); 2013 No. 36 s 331 sch 1

honorary ambulance officer means a person appointed as an honorary ambulance officer under section 14(1).

def honorary ambulance officer ins 2008 No. 64 s 13(1)

impairment, for part 4A, division 5, see section 36L.

def impairment ins 2010 No. 14 s 7

industrial agreement ...

def industrial agreement ins 2010 No. 37 s 10

om 2016 No. 63 s 1157 sch 6

industrial instrument includes—

(a)an industrial instrument under the Industrial Relations Act 2016; and

(b)a determination or rule of a commission, court, board, tribunal or other entity having authority under a law of the Commonwealth or this State to exercise powers of conciliation or arbitration for industrial matters or industrial disputes.

def industrial instrument ins 2010 No. 37 s 10

amd 2016 No. 63 s 1157 sch 6

information, for part 4A, division 5, see section 36L.

def information ins 2007 No. 28 s 54

medical director, for part 4A, division 5, see section 36L.

def medical director ins 2007 No. 28 s 54

National Agency ...

def National Agency ins 2010 No. 14 s 7

om 2014 No. 65 s 15(1)

normal remuneration, in relation to a service officer, means all of the remuneration and other entitlements to which the officer 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 worked by the officer, including, for example, allowances, loadings and penalties; and

(c)any other amounts payable to the officer under the officer’s contract of employment.

def normal remuneration ins 2010 No. 37 s 10

notice, for part 4A, see section 36A.

def notice ins 2007 No. 28 s 54

officer of the Queensland Ambulance Service ...

def officer of the Queensland Ambulance Service om from prev s 2 1997 No. 6 s 4(2)

previous chief executive, for part 2, division 4, subdivision 2, see section 18D.

def previous chief executive ins 2010 No. 37 s 10

previous committee ...

def previous committee om from prev s 2 1997 No. 6 s 4(2)

public risk notifiable conduct, for part 4A, see section 36A.

def public risk notifiable conduct ins 2010 No. 14 s 7

amd 2014 No. 65 s 15(2)

public sector disciplinary law means—

(a)a public sector disciplinary law under the Public Service Act 2008; or

(b)the Fire and Emergency Services Act 1990, chapter 3, part 4, division 3.

def public sector disciplinary law ins 2010 No. 37 s 10

amd 2014 No. 17 s 184 sch 1 pt 4

RCA report, for part 4A, see section 36A.

def RCA report ins 2007 No. 28 s 54

RCA team see section 36A.

def RCA team ins 2007 No. 28 s 54

registered health practitioner, for part 4A, see section 36A.

def registered health practitioner ins 2010 No. 14 s 7

amd 2014 No. 65 s 15(2)

relevant disciplinary ground, for part 2, division 4, subdivision 2, see section 18D.

def relevant disciplinary ground ins 2010 No. 37 s 10

relevant disciplinary law means—

(a)this Act or a disciplinary provision of a code of practice (including a code of practice as in force from time to time before the commencement of this definition); or

(b)a law of another State that provides for the same, or substantially the same, matters as this Act; or

(c)a code of practice or other instrument under a law mentioned in paragraph (b) providing for disciplinary matters; or

(d)a public sector disciplinary law.

def relevant disciplinary law ins 2010 No. 37 s 10

relevant disciplinary provision, for part 2, division 4, subdivision 2, see section 18D.

def relevant disciplinary provision ins 2010 No. 37 s 10

relevant person, for part 4A, see section 36A.

def relevant person ins 2007 No. 28 s 54

repealed Act ...

def repealed Act om from prev s 2 1997 No. 6 s 4(2)

reportable event see section 36A.

def reportable event ins 2007 No. 28 s 54

reprisal means a reprisal mentioned in section 36X(3).

def reprisal ins 2007 No. 28 s 54

root cause analysis or RCA see section 36B.

def root cause analysis or RCA ins 2007 No. 28 s 54

serious disciplinary action, in relation to a person, means—

(a)disciplinary action under a relevant disciplinary law involving—

(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)a disciplinary declaration under a public sector disciplinary law that states a disciplinary action mentioned in paragraph (a)(i) or (ii) as the disciplinary action that would have been taken against the person if the person’s employment had not ended.

def serious disciplinary action ins 2010 No. 37 s 10

service means the Queensland Ambulance Service.

def service ins 1997 No. 6 s 4(3)

reloc 2002 No. 60 s 4(3)

service officer means a person employed under section 13(1).

def service officer ins 1997 No. 6 s 4(3)

reloc 2002 No. 60 s 4(3)

subscriber ...

def subscriber amd 1997 No. 6 s 4(4); 1998 No. 37 s 3

reloc 2002 No. 60 s 4(3)

om 2003 No. 34 s 166

takes a reprisal means the taking of a reprisal as mentioned in section 36X(3).

def takes a reprisal ins 2007 No. 28 s 54

sch ins 2002 No. 60 s 23 sch

Note—definitions for this Act were originally located in prev s 2.