{"id":"qld:act-1991-036","name":"Ambulance Service Act 1991","slug":"ambulance-service-act-1991","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"36 of 1991","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104840,"registerId":"qld-act-1991-036-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Ambulance Service Act 1991 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Definitions","content":"### sec.2 Definitions\n\nThe dictionary in schedule 1 defines particular words used in this Act.\ns 2 sub 1997 No. 6 s 4 (1)\namd 2002 No. 60 s 4 (1) ; 2018 No. 29 s 47\nNote—s 2 contained definitions for this Act. Definitions are now located in the schedule—Dictionary.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":null,"content":"### Section sec.3\n\ns 3 amd 1997 No. 6 s 3 sch\nom 1998 No. 37 s 4","sortOrder":3},{"sectionNumber":"pt.2","sectionType":"part","heading":"Queensland Ambulance Service","content":"# Queensland Ambulance Service","sortOrder":4},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Queensland Ambulance Service","content":"## Queensland Ambulance Service","sortOrder":5},{"sectionNumber":"sec.3A","sectionType":"section","heading":"Establishment of service","content":"### sec.3A Establishment of service\n\nThe Queensland Ambulance Service is established.\ns 3A ins 1997 No. 6 s 5\nsub 2001 No. 76 s 4","sortOrder":6},{"sectionNumber":"sec.3B","sectionType":"section","heading":"Membership of service","content":"### sec.3B Membership of service\n\nThe service consists of—\nthe commissioner; and\nambulance officers, medical officers and other staff members employed under section 13 .\ns 3B ins 1997 No. 6 s 5\nsub 2001 No. 76 s 4\n- (a) the commissioner; and\n- (b) ambulance officers, medical officers and other staff members employed under section 13 .","sortOrder":7},{"sectionNumber":"sec.3C","sectionType":"section","heading":null,"content":"### Section sec.3C\n\ns 3C ins 1997 No. 6 s 5\namd 2001 No. 45 s 29 sch 3\nom 2001 No. 76 s 4","sortOrder":8},{"sectionNumber":"sec.3D","sectionType":"section","heading":"Service’s functions","content":"### sec.3D Service’s functions\n\nThe functions of the service are—\nto provide, operate and maintain ambulance services; and\nfor 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\nto provide transport for persons requiring attention at medical or health care facilities; and\nto participate with other emergency services in counter-disaster planning; and\nto coordinate all volunteer first aid groups for major emergencies or disasters; and\nto 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\nto provide casualty room services; and\nto refer a person to another health service; and\nto 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\nto identify and market products and services incidental to its other functions; and\nto collaborate with Hospital and Health Services to manage the interaction between the services provided by the Queensland Ambulance Service and health services provided by Hospital and Health Services; and\nto perform other functions given to the service under this Act or another Act; and\nto perform functions incidental to its other functions.\nIn this section—\nHospital and Health Service see the Hospital and Health Boards Act 2011 .\ns 3D ins 1997 No. 6 s 5\namd 2001 No. 76 s 5 ; 2008 No. 64 s 4 ; 2020 No. 31 s 4\n(sec.3D-ssec.1) The functions of the service are— to provide, operate and maintain ambulance services; and 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 to provide transport for persons requiring attention at medical or health care facilities; and to participate with other emergency services in counter-disaster planning; and to coordinate all volunteer first aid groups for major emergencies or disasters; and 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 to provide casualty room services; and to refer a person to another health service; and 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 to identify and market products and services incidental to its other functions; and to collaborate with Hospital and Health Services to manage the interaction between the services provided by the Queensland Ambulance Service and health services provided by Hospital and Health Services; and to perform other functions given to the service under this Act or another Act; and to perform functions incidental to its other functions.\n(sec.3D-ssec.2) In this section— Hospital and Health Service see the Hospital and Health Boards Act 2011 .\n- (a) to provide, operate and maintain ambulance services; and\n- (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\n- (c) to provide transport for persons requiring attention at medical or health care facilities; and\n- (d) to participate with other emergency services in counter-disaster planning; and\n- (e) to coordinate all volunteer first aid groups for major emergencies or disasters; and\n- (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\n- (g) to provide casualty room services; and\n- (h) to refer a person to another health service; and\n- (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\n- (j) to identify and market products and services incidental to its other functions; and\n- (k) to collaborate with Hospital and Health Services to manage the interaction between the services provided by the Queensland Ambulance Service and health services provided by Hospital and Health Services; and\n- (l) to perform other functions given to the service under this Act or another Act; and\n- (m) to perform functions incidental to its other functions.","sortOrder":9},{"sectionNumber":"sec.3E","sectionType":"section","heading":"Chief executive’s responsibility","content":"### sec.3E Chief executive’s responsibility\n\nThe chief executive is responsible for the way the service performs its functions.\nWithout limiting subsection (1) , the chief executive is responsible for—\ndefining the objectives, strategies and policies to be followed by the service; and\nensuring the service performs its functions in an appropriate, effective and efficient way.\nThe chief executive could establish performance measures for the service.\nThis section does not affect the chief executive’s responsibilities for the department under another Act.\ns 3E ins 1997 No. 6 s 5\nsub 2001 No. 76 s 6\n(sec.3E-ssec.1) The chief executive is responsible for the way the service performs its functions.\n(sec.3E-ssec.2) Without limiting subsection (1) , the chief executive is responsible for— defining the objectives, strategies and policies to be followed by the service; and ensuring the service performs its functions in an appropriate, effective and efficient way. The chief executive could establish performance measures for the service.\n(sec.3E-ssec.3) This section does not affect the chief executive’s responsibilities for the department under another Act.\n- (a) defining the objectives, strategies and policies to be followed by the service; and\n- (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.","sortOrder":10},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"The commissioner","content":"## The commissioner","sortOrder":11},{"sectionNumber":"sec.3F","sectionType":"section","heading":null,"content":"### Section sec.3F\n\ns 3F ins 1997 No. 6 s 5\nsub 1998 No. 37 s 5\nom 2001 No. 76 s 6","sortOrder":12},{"sectionNumber":"sec.3G","sectionType":"section","heading":null,"content":"### Section sec.3G\n\ns 3G ins 1997 No. 6 s 5\nsub 1998 No. 37 s 5\nom 2001 No. 76 s 6","sortOrder":13},{"sectionNumber":"sec.3H","sectionType":"section","heading":null,"content":"### Section sec.3H\n\ns 3H ins 1997 No. 6 s 5\nom 1998 No. 37 s 5","sortOrder":14},{"sectionNumber":"sec.3I","sectionType":"section","heading":null,"content":"### Section sec.3I\n\ns 3I ins 1997 No. 6 s 5\nom 1998 No. 37 s 5","sortOrder":15},{"sectionNumber":"sec.3J","sectionType":"section","heading":null,"content":"### Section sec.3J\n\ns 3J ins 1997 No. 6 s 5\nom 1998 No. 37 s 5","sortOrder":16},{"sectionNumber":"sec.3K","sectionType":"section","heading":null,"content":"### Section sec.3K\n\ns 3K ins 1997 No. 6 s 5\nom 1998 No. 37 s 5","sortOrder":17},{"sectionNumber":"sec.3L","sectionType":"section","heading":null,"content":"### Section sec.3L\n\ns 3L ins 1997 No. 6 s 5\nom 1998 No. 37 s 5","sortOrder":18},{"sectionNumber":"sec.3M","sectionType":"section","heading":null,"content":"### Section sec.3M\n\ns 3M ins 1997 No. 6 s 5\nom 1998 No. 37 s 5","sortOrder":19},{"sectionNumber":"sec.3N","sectionType":"section","heading":null,"content":"### Section sec.3N\n\ns 3N ins 1997 No. 6 s 5\nom 1998 No. 37 s 5","sortOrder":20},{"sectionNumber":"sec.3O","sectionType":"section","heading":null,"content":"### Section sec.3O\n\ns 3O ins 1997 No. 6 s 5\nom 1998 No. 37 s 5","sortOrder":21},{"sectionNumber":"sec.3P","sectionType":"section","heading":null,"content":"### Section sec.3P\n\ns 3P ins 1997 No. 6 s 5\nom 1998 No. 37 s 5","sortOrder":22},{"sectionNumber":"sec.4","sectionType":"section","heading":"Appointment of commissioner","content":"### sec.4 Appointment of commissioner\n\nThe Governor in Council, acting on the recommendation of the Minister, is to appoint a commissioner of the service.\nThe commissioner is to be paid such salary and allowances and employed on such terms and conditions as the Governor in Council determines.\ns 4 amd 1997 No. 6 s 3 sch\n(sec.4-ssec.1) The Governor in Council, acting on the recommendation of the Minister, is to appoint a commissioner of the service.\n(sec.4-ssec.2) The commissioner is to be paid such salary and allowances and employed on such terms and conditions as the Governor in Council determines.","sortOrder":23},{"sectionNumber":"sec.4A","sectionType":"section","heading":"Acting commissioner","content":"### sec.4A Acting commissioner\n\nThe Minister may appoint a person to act in the office of commissioner during—\nany vacancy, or all vacancies, in the office; or\nany period, or all periods, when the commissioner is absent from duty, or can not, for another reason, perform the functions of the office.\nThe 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) .\ns 4A ins 1997 No. 6 s 6\namd 2002 No. 60 s 5\n(sec.4A-ssec.1) The Minister may appoint a person to act in the office of commissioner during— any vacancy, or all vacancies, in the office; or any period, or all periods, when the commissioner is absent from duty, or can not, for another reason, perform the functions of the office.\n(sec.4A-ssec.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) .\n- (a) any vacancy, or all vacancies, in the office; or\n- (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.","sortOrder":24},{"sectionNumber":"sec.5","sectionType":"section","heading":"Disqualification from appointment","content":"### sec.5 Disqualification from appointment\n\nA person who—\nis an undischarged bankrupt or takes advantage of the laws in force for the time being relating to bankruptcy; or\nhas 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;\nis not capable of being or continuing to be the commissioner.\ns 5 amd 2000 No. 16 s 590 sch 1 pt 2 ; 2022 No. 1 s 4\n- (a) is an undischarged bankrupt or takes advantage of the laws in force for the time being relating to bankruptcy; or\n- (b) 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;","sortOrder":25},{"sectionNumber":"sec.6","sectionType":"section","heading":"Vacation of office","content":"### sec.6 Vacation of office\n\nThe office of the commissioner becomes vacant if the commissioner—\ndies; or\nbecomes incapable of continuing as the commissioner; or\nfurnishes his or her written resignation to the Minister; or\nunder section 5 , ceases to be capable of continuing to be the commissioner; or\nis removed from office; or\nwithout the approval of the Minister, engages in any employment outside the duties of the commissioner under this Act; or\nis absent from duty for a period of 14 days without lawful excuse.\nA resignation given under subsection (1) (c) is not effective until written acceptance of it is given by the Minister.\n(sec.6-ssec.1) The office of the commissioner becomes vacant if the commissioner— dies; or becomes incapable of continuing as the commissioner; or furnishes his or her written resignation to the Minister; or under section 5 , ceases to be capable of continuing to be the commissioner; or is removed from office; or without the approval of the Minister, engages in any employment outside the duties of the commissioner under this Act; or is absent from duty for a period of 14 days without lawful excuse.\n(sec.6-ssec.2) A resignation given under subsection (1) (c) is not effective until written acceptance of it is given by the Minister.\n- (a) dies; or\n- (b) becomes incapable of continuing as the commissioner; or\n- (c) furnishes his or her written resignation to the Minister; or\n- (d) under section 5 , ceases to be capable of continuing to be the commissioner; or\n- (e) is removed from office; or\n- (f) without the approval of the Minister, engages in any employment outside the duties of the commissioner under this Act; or\n- (g) is absent from duty for a period of 14 days without lawful excuse.","sortOrder":26},{"sectionNumber":"sec.7","sectionType":"section","heading":null,"content":"### Section sec.7\n\ns 7 om 1997 No. 6 s 7","sortOrder":27},{"sectionNumber":"sec.8","sectionType":"section","heading":null,"content":"### Section sec.8\n\ns 8 om 1997 No. 6 s 7","sortOrder":28},{"sectionNumber":"sec.9","sectionType":"section","heading":"Role of commissioner","content":"### sec.9 Role of commissioner\n\nThe commissioner must, in accordance with the objectives, strategies and policies defined by the chief executive—\nmanage the service’s operations; and\nperform the commissioner’s functions and exercise the commissioner’s powers under this Act.\ns 9 sub 1997 No. 6 s 8\namd 1998 No. 37 s 2 sch ; 2001 No. 76 s 7 ; 2008 No. 64 s 5\n- (a) manage the service’s operations; and\n- (b) perform the commissioner’s functions and exercise the commissioner’s powers under this Act.","sortOrder":29},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Staff of the service generally","content":"## Staff of the service generally","sortOrder":30},{"sectionNumber":"sec.10","sectionType":"section","heading":null,"content":"### Section sec.10\n\ns 10 om 1997 No. 6 s 9","sortOrder":31},{"sectionNumber":"sec.11","sectionType":"section","heading":null,"content":"### Section sec.11\n\ns 11 om 1997 No. 6 s 9","sortOrder":32},{"sectionNumber":"sec.12","sectionType":"section","heading":null,"content":"### Section sec.12\n\ns 12 om 1997 No. 6 s 9","sortOrder":33},{"sectionNumber":"sec.13","sectionType":"section","heading":"Employees","content":"### sec.13 Employees\n\nThe chief executive may appoint and employ on salary or wages or engage and employ under contracts such persons—\nas ambulance officers; and\nas medical officers; and\nas other staff members;\nas are necessary for the effectual administration of this Act.\nSubject 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.\ns 13 amd 1996 No. 37 s 147 sch 2 ; 1997 No. 6 s 3 sch ; 1998 No. 37 s 2 sch ; 1999 No. 33 s 747 sch 3 ; 2001 No. 76 s 8 ; 2016 No. 63 s 1157 sch 6\n(sec.13-ssec.1) The chief executive may appoint and employ on salary or wages or engage and employ under contracts such persons— as ambulance officers; and as medical officers; and as other staff members; as are necessary for the effectual administration of this Act.\n(sec.13-ssec.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.\n- (a) as ambulance officers; and\n- (b) as medical officers; and\n- (c) as other staff members;","sortOrder":34},{"sectionNumber":"sec.13A","sectionType":"section","heading":null,"content":"### Section sec.13A\n\ns 13A ins 2010 No. 37 s 6\nom 2022 No. 34 s 330","sortOrder":35},{"sectionNumber":"sec.14","sectionType":"section","heading":"Honorary ambulance officers","content":"### sec.14 Honorary ambulance officers\n\nThe commissioner may appoint such persons as the commissioner considers appropriate to be honorary ambulance officers.\nHonorary ambulance officers—\nmay carry out, without remuneration, such of the functions of the service as the commissioner may direct; and\nare subject to the control and supervision of the commissioner.\ns 14 amd 1997 No. 6 s 3 sch ; 2001 No. 76 s 2 sch 1\n(sec.14-ssec.1) The commissioner may appoint such persons as the commissioner considers appropriate to be honorary ambulance officers.\n(sec.14-ssec.2) Honorary ambulance officers— may carry out, without remuneration, such of the functions of the service as the commissioner may direct; and are subject to the control and supervision of the commissioner.\n- (a) may carry out, without remuneration, such of the functions of the service as the commissioner may direct; and\n- (b) are subject to the control and supervision of the commissioner.","sortOrder":36},{"sectionNumber":"sec.15","sectionType":"section","heading":"Officers employed under this Act","content":"### sec.15 Officers employed under this Act\n\nService officers are to be employed under this Act, and not under the Public Sector Act 2022 .\ns 15 sub 1996 No. 37 s 147 sch 2\namd 1997 No. 6 s 3 sch ; 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3","sortOrder":37},{"sectionNumber":"sec.16","sectionType":"section","heading":null,"content":"### Section sec.16\n\ns 16 amd 1997 No. 6 s 3 sch ; 2001 No. 76 s 2 sch 1\nom 2022 No. 34 s 331","sortOrder":38},{"sectionNumber":"sec.17","sectionType":"section","heading":null,"content":"### Section sec.17\n\ns 17 sub 1997 No. 6 s 10\namd 2001 No. 76 s 2 sch 1\nom 2016 No. 64 s 79 sch 1","sortOrder":39},{"sectionNumber":"sec.18","sectionType":"section","heading":null,"content":"### Section sec.18\n\ns 18 amd 1997 No. 6 s 3 sch ; 2001 No. 76 s 2 sch 1\nom 2022 No. 34 s 332","sortOrder":40},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":null,"content":"","sortOrder":41},{"sectionNumber":"sec.18AA","sectionType":"section","heading":null,"content":"### Section sec.18AA\n\nom 2022 No. 34 s 333","sortOrder":42},{"sectionNumber":"sec.18AB","sectionType":"section","heading":null,"content":"### Section sec.18AB\n\ns 18AB ins 2018 No. 29 s 48\nom 2022 No. 34 s 333","sortOrder":43},{"sectionNumber":"sec.18A","sectionType":"section","heading":null,"content":"### Section sec.18A\n\ns 18A ins 2010 No. 37 s 8\nom 2022 No. 34 s 333","sortOrder":44},{"sectionNumber":"sec.18B","sectionType":"section","heading":null,"content":"### Section sec.18B\n\ns 18B ins 2010 No. 37 s 8\nom 2022 No. 34 s 333","sortOrder":45},{"sectionNumber":"sec.18C","sectionType":"section","heading":null,"content":"### Section sec.18C\n\ns 18C ins 2010 No. 37 s 8\namd 2014 No. 17 s 184 sch 1 pt 4 ; 2018 No. 29 s 50\nom 2022 No. 34 s 333","sortOrder":46},{"sectionNumber":"sec.18D","sectionType":"section","heading":null,"content":"### Section sec.18D\n\ns 18D ins 2010 No. 37 s 8\ns 18D def disciplinary finding om 2018 No. 29 s 51\ns 18D def employing chief executive om 2018 No. 29 s 51\ns 18D def previous chief executive om 2018 No. 29 s 51\ns 18D def relevant disciplinary ground amd 2014 No. 17 s 184 sch 1 pt 2\nom 2018 No. 29 s 51\ns 18D def relevant disciplinary provision amd 2014 No. 17 s 184 sch 1 pt 4\nom 2018 No. 29 s 51\ns 18D om 2018 No. 29 s 51","sortOrder":47},{"sectionNumber":"sec.18E","sectionType":"section","heading":null,"content":"### Section sec.18E\n\ns 18E ins 2010 No. 37 s 8\namd 2018 No. 29 s 52\nom 2022 No. 34 s 333","sortOrder":48},{"sectionNumber":"sec.18F","sectionType":"section","heading":null,"content":"### Section sec.18F\n\ns 18F ins 2010 No. 37 s 8\namd 2018 No. 29 s 53\nom 2022 No. 34 s 333","sortOrder":49},{"sectionNumber":"sec.18G","sectionType":"section","heading":null,"content":"### Section sec.18G\n\ns 18G ins 2010 No. 37 s 8\namd 2018 No. 29 s 54\nom 2022 No. 34 s 333","sortOrder":50},{"sectionNumber":"sec.18H","sectionType":"section","heading":null,"content":"### Section sec.18H\n\ns 18H ins 2010 No. 37 s 8\namd 2014 No. 17 s 184 sch 1 pt 4 ; 2018 No. 29 s 55\nom 2022 No. 34 s 333","sortOrder":51},{"sectionNumber":"sec.18I","sectionType":"section","heading":null,"content":"### Section sec.18I\n\ns 18I ins 2010 No. 37 s 8\namd 2014 No. 21 s 94 (2) sch 2\nom 2022 No. 34 s 333","sortOrder":52},{"sectionNumber":"sec.18J","sectionType":"section","heading":null,"content":"### Section sec.18J\n\ns 18J ins 2010 No. 37 s 8\namd 2014 No. 17 s 184 sch 1 pt 2 ; 2018 No. 29 s 56\nom 2022 No. 34 s 333","sortOrder":53},{"sectionNumber":"sec.18K","sectionType":"section","heading":null,"content":"### Section sec.18K\n\ns 18K ins 2010 No. 37 s 8\namd 2018 No. 29 s 57\nom 2022 No. 34 s 333","sortOrder":54},{"sectionNumber":"sec.18L","sectionType":"section","heading":null,"content":"### Section sec.18L\n\ns 18L ins 2010 No. 37 s 8\namd 2014 No. 17 s 184 sch 1 pt 2 ; 2018 No. 29 s 58\nom 2022 No. 34 s 333","sortOrder":55},{"sectionNumber":"sec.18M","sectionType":"section","heading":null,"content":"### Section sec.18M\n\ns 18M ins 2010 No. 37 s 8\nom 2022 No. 34 s 333","sortOrder":56},{"sectionNumber":"sec.18N","sectionType":"section","heading":null,"content":"### Section sec.18N\n\ns 18N ins 2010 No. 37 s 8\nom 2022 No. 34 s 333","sortOrder":57},{"sectionNumber":"sec.18O","sectionType":"section","heading":null,"content":"### Section sec.18O\n\ns 18O ins 2010 No. 37 s 8\nom 2022 No. 34 s 333","sortOrder":58},{"sectionNumber":"sec.18P","sectionType":"section","heading":null,"content":"### Section sec.18P\n\ns 18 ins 2010 No. 37 s 8\nom 2022 No. 34 s 333","sortOrder":59},{"sectionNumber":"pt.2-div.5","sectionType":"division","heading":"Other matters about the service","content":"## Other matters about the service","sortOrder":60},{"sectionNumber":"sec.19","sectionType":"section","heading":"Fund","content":"### sec.19 Fund\n\nThe Queensland Ambulance Service Fund is established.\nThe Financial Accountability Act 2009 applies to the fund.\nAccounts for the fund must be kept as part of the departmental accounts of the department.\nAmounts 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.\nAmounts received for the fund include the following received by the service—\namounts received as charges for the use of ambulance services;\namounts received by the department from other sources for the fund or amounts that must be paid into the fund;\namounts 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;\ninterest from investment of the fund.\nAn amount is payable from the fund for the purposes of this Act.\nIn this section—\ndepartmental accounts , of the department, means the accounts of the department under the Financial Accountability Act 2009 , section 69 .\ndepartmental financial-institution account , of the department, means an account of the department kept under the Financial Accountability Act 2009 , section 83 .\nother amounts , of the department, means amounts received by the department other than amounts received for the fund.\nprevious fund means the Ambulance Service Fund mentioned in the Financial Administration and Audit Act 1977 , schedule 2 , immediately before the commencement of this section.\ns 19 prev s 19 om 1997 No. 6 s 12\npres s 19 ins 1997 No. 6 s 11\namd 1998 No. 37 s 2 sch\nsub 2001 No. 76 s 9\namd 2003 No. 34 s 157 ; 2009 No. 9 s 136 sch 1\n(sec.19-ssec.1) The Queensland Ambulance Service Fund is established.\n(sec.19-ssec.2) The Financial Accountability Act 2009 applies to the fund.\n(sec.19-ssec.3) Accounts for the fund must be kept as part of the departmental accounts of the department.\n(sec.19-ssec.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.\n(sec.19-ssec.5) Amounts received for the fund include the following received by the service— amounts received as charges for the use of ambulance services; amounts received by the department from other sources for the fund or amounts that must be paid into the fund; 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; interest from investment of the fund.\n(sec.19-ssec.6) An amount is payable from the fund for the purposes of this Act.\n(sec.19-ssec.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.\n- (a) amounts received as charges for the use of ambulance services;\n- (b) amounts received by the department from other sources for the fund or amounts that must be paid into the fund;\n- (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;\n- (d) interest from investment of the fund.","sortOrder":61},{"sectionNumber":"sec.20","sectionType":"section","heading":null,"content":"### Section sec.20\n\ns 20 orig s 20 amd 1996 No. 54 s 9 sch\nom 1997 No. 6 s 12\nprev s 20 ins 1997 No. 6 s 11\namd 1998 No. 37 s 6\nom 2001 No. 76 s 9","sortOrder":62},{"sectionNumber":"sec.21","sectionType":"section","heading":null,"content":"### Section sec.21\n\ns 21 prev s 21 om 1997 No. 6 s 12\nins 1997 No. 6 s 11\nom 2001 No. 76 s 9","sortOrder":63},{"sectionNumber":"sec.22","sectionType":"section","heading":"Delegations","content":"### sec.22 Delegations\n\nThe chief executive may delegate the chief executive’s powers under this Act to the commissioner or an appropriately qualified service officer.\nThe commissioner may delegate the commissioner’s powers under this Act to an appropriately qualified service officer.\nIn subsections (1) and (2) —\nappropriately qualified includes having the qualifications, experience or standing appropriate to exercise the power.\na person’s classification level in the service\ns 22 prev s 22 om 1997 No. 6 s 12\npres s 22 ins 1997 No. 6 s 11\namd 2001 No. 76 s 2 sch 1\n(sec.22-ssec.1) The chief executive may delegate the chief executive’s powers under this Act to the commissioner or an appropriately qualified service officer.\n(sec.22-ssec.2) The commissioner may delegate the commissioner’s powers under this Act to an appropriately qualified service officer.\n(sec.22-ssec.3) In subsections (1) and (2) — appropriately qualified includes having the qualifications, experience or standing appropriate to exercise the power. a person’s classification level in the service","sortOrder":64},{"sectionNumber":"sec.23","sectionType":"section","heading":"Requirement to report pool immersion incident","content":"### sec.23 Requirement to report pool immersion incident\n\nThis section applies if the service is notified of a pool immersion incident.\nThe 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).\nThe notice must include the following information to the extent the service has it—\nthe name and date of birth of the young child to whom the pool immersion incident relates;\nthe date the pool immersion incident happened;\nthe address of the child’s parents;\nthe address where the pool immersion incident happened.\nIn this section—\nchief executive (health) means the chief executive of the department in which the Hospital and Health Boards Act 2011 is administered.\npool 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—\nthe child has died; or\nthe child has been deprived of air and the health or wellbeing of the child has been adversely affected.\nswimming pool means a swimming pool as defined under the Building Act 1975 , schedule 2 .\nyoung child means an individual who is under 5 years.\ns 23 prev s 23 om 1997 No. 6 s 12\npres s 23 ins 2010 No. 35 s 4\namd 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47 )\n(sec.23-ssec.1) This section applies if the service is notified of a pool immersion incident.\n(sec.23-ssec.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).\n(sec.23-ssec.3) The notice must include the following information to the extent the service has it— the name and date of birth of the young child to whom the pool immersion incident relates; the date the pool immersion incident happened; the address of the child’s parents; the address where the pool immersion incident happened.\n(sec.23-ssec.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— the child has died; or 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.\n- (a) the name and date of birth of the young child to whom the pool immersion incident relates;\n- (b) the date the pool immersion incident happened;\n- (c) the address of the child’s parents;\n- (d) the address where the pool immersion incident happened.\n- (a) the child has died; or\n- (b) the child has been deprived of air and the health or wellbeing of the child has been adversely affected.","sortOrder":65},{"sectionNumber":"sec.24","sectionType":"section","heading":null,"content":"### Section sec.24\n\ns 24 om 1997 No. 6 s 12","sortOrder":66},{"sectionNumber":"sec.25","sectionType":"section","heading":null,"content":"### Section sec.25\n\ns 25 om 1997 No. 6 s 12","sortOrder":67},{"sectionNumber":"sec.3.8","sectionType":"section","heading":null,"content":"### Section sec.3.8\n\ns 3.8 om 1993 No. 70 s 804 sch","sortOrder":68},{"sectionNumber":"pt.4","sectionType":"part","heading":"Local ambulance committees","content":"# Local ambulance committees","sortOrder":69},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Establishment and functions of committees","content":"## Establishment and functions of committees","sortOrder":70},{"sectionNumber":"sec.26","sectionType":"section","heading":"Establishment of committees","content":"### sec.26 Establishment of committees\n\nThe Minister may authorise the establishment of local ambulance committees.\nA local ambulance committee is to be called ‘(name of area) local ambulance committee’.\nA 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.\n(sec.26-ssec.1) The Minister may authorise the establishment of local ambulance committees.\n(sec.26-ssec.2) A local ambulance committee is to be called ‘(name of area) local ambulance committee’.\n(sec.26-ssec.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.","sortOrder":71},{"sectionNumber":"sec.27","sectionType":"section","heading":"Functions of committees","content":"### sec.27 Functions of committees\n\nThe functions of a committee are—\nto liaise between the community it represents and the service; and\nto promote community participation in and awareness of ambulance services; and\nto provide advice to the commissioner in respect of ambulance services in the community it represents; and\nto undertake fundraising activities for the benefit of ambulance services in the community it represents; and\nto manage money held on trust for the benefit of ambulance services in the community it represents; and\nsuch other functions as the Minister agrees to.\ns 27 amd 1997 No. 6 s 3 sch\n- (a) to liaise between the community it represents and the service; and\n- (b) to promote community participation in and awareness of ambulance services; and\n- (c) to provide advice to the commissioner in respect of ambulance services in the community it represents; and\n- (d) to undertake fundraising activities for the benefit of ambulance services in the community it represents; and\n- (e) to manage money held on trust for the benefit of ambulance services in the community it represents; and\n- (f) such other functions as the Minister agrees to.","sortOrder":72},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Conduct of business and membership of committees","content":"## Conduct of business and membership of committees","sortOrder":73},{"sectionNumber":"sec.28","sectionType":"section","heading":"Conduct of business","content":"### sec.28 Conduct of business\n\nSubject to its constitution, a committee may conduct its business, including its meetings, in the way it considers appropriate.\nAny matter not conducted by a committee in accordance with its constitution or the Minister’s directions is invalid.\ns 28 amd 2002 No. 60 s 6\n(sec.28-ssec.1) Subject to its constitution, a committee may conduct its business, including its meetings, in the way it considers appropriate.\n(sec.28-ssec.2) Any matter not conducted by a committee in accordance with its constitution or the Minister’s directions is invalid.","sortOrder":74},{"sectionNumber":"sec.29","sectionType":"section","heading":"Members of committees","content":"### sec.29 Members of committees\n\nAdults 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.\nA person who—\ndoes not permanently reside in the area served by a committee; or\nis not an adult; or\nis a service officer; or\nis an undischarged bankrupt or takes advantage of the laws in force for the time being relating to bankruptcy; or\nhas 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;\nis not to be elected as or to continue to be a member of a committee.\nAlso, a person is not eligible to be a member of a committee while the person is a member of another committee.\nEach committee is to consist of—\na president; and\na vice-president; and\na secretary; and\na treasurer;\nand not less than 1 and not more than 11 other members.\nDespite 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.\nNominations for election to a committee are to be sought, in the way stated in the committee’s constitution, from members of the public.\nThe election of members is to be conducted in accordance with the committee’s constitution.\nMembers 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.\nA 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.\nA 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.\nThe 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.\ns 29 amd 1991 No. 97 s 3 sch 2 ; 1997 No. 6 s 3 sch ; 2000 No. 16 s 590 sch 1 pt 2 ; 2002 No. 60 s 7 ; 2003 No. 34 s 158\n(sec.29-ssec.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.\n(sec.29-ssec.2) A person who— does not permanently reside in the area served by a committee; or is not an adult; or is a service officer; or is an undischarged bankrupt or takes advantage of the laws in force for the time being relating to bankruptcy; or 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.\n(sec.29-ssec.2A) Also, a person is not eligible to be a member of a committee while the person is a member of another committee.\n(sec.29-ssec.3) Each committee is to consist of— a president; and a vice-president; and a secretary; and a treasurer; and not less than 1 and not more than 11 other members.\n(sec.29-ssec.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.\n(sec.29-ssec.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.\n(sec.29-ssec.5) The election of members is to be conducted in accordance with the committee’s constitution.\n(sec.29-ssec.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.\n(sec.29-ssec.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.\n(sec.29-ssec.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.\n(sec.29-ssec.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.\n- (a) does not permanently reside in the area served by a committee; or\n- (b) is not an adult; or\n- (c) is a service officer; or\n- (d) is an undischarged bankrupt or takes advantage of the laws in force for the time being relating to bankruptcy; or\n- (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;\n- (a) a president; and\n- (b) a vice-president; and\n- (c) a secretary; and\n- (d) a treasurer;","sortOrder":75},{"sectionNumber":"sec.29A","sectionType":"section","heading":"Dealing with vacancy in office of a member","content":"### sec.29A Dealing with vacancy in office of a member\n\nThis section applies if a vacancy arises in the office of a member of a committee (the first member ).\nDespite 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.\nSubject 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.\ns 29A ins 2002 No. 60 s 8\namd 2003 No. 34 s 159\n(sec.29A-ssec.1) This section applies if a vacancy arises in the office of a member of a committee (the first member ).\n(sec.29A-ssec.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.\n(sec.29A-ssec.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.","sortOrder":76},{"sectionNumber":"sec.30","sectionType":"section","heading":"Liability of members","content":"### sec.30 Liability of members\n\nA member of a committee is liable to repay to the committee any money that member—\nimproperly used; or\nspent without the authorisation of or ratification by the committee.\nThe 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.\n(sec.30-ssec.1) A member of a committee is liable to repay to the committee any money that member— improperly used; or spent without the authorisation of or ratification by the committee.\n(sec.30-ssec.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.\n- (a) improperly used; or\n- (b) spent without the authorisation of or ratification by the committee.","sortOrder":77},{"sectionNumber":"sec.31","sectionType":"section","heading":"Protection of members","content":"### sec.31 Protection of members\n\nThe members of a committee are not personally liable to contribute toward the payment of debts and liabilities of, or any judgment against, the committee.\nSubsection (1) does not apply in respect of a personal guarantee given by a member of a committee in respect of arrangements by a committee.\n(sec.31-ssec.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.\n(sec.31-ssec.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.","sortOrder":78},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Other matters about committees","content":"## Other matters about committees","sortOrder":79},{"sectionNumber":"sec.31A","sectionType":"section","heading":"Minister may approve or amend constitution","content":"### sec.31A Minister may approve or amend constitution\n\nThe Minister may approve a constitution for the conduct of a committee’s business.\nWithout limiting subsection (1) , the constitution may provide for the following—\nthe election of committee members;\nthe term of office of a committee member;\nthe times and places of committee meetings;\nthe quorum for meetings;\nother matters the Minister considers relevant to the conduct of a committee’s business.\nThe Minister may amend the constitution approved under subsection (1) .\nThe constitution as approved and amended from time to time under this section is the constitution for each committee.\ns 31A ins 2002 No. 60 s 9\n(sec.31A-ssec.1) The Minister may approve a constitution for the conduct of a committee’s business.\n(sec.31A-ssec.2) Without limiting subsection (1) , the constitution may provide for the following— the election of committee members; the term of office of a committee member; the times and places of committee meetings; the quorum for meetings; other matters the Minister considers relevant to the conduct of a committee’s business.\n(sec.31A-ssec.3) The Minister may amend the constitution approved under subsection (1) .\n(sec.31A-ssec.4) The constitution as approved and amended from time to time under this section is the constitution for each committee.\n- (a) the election of committee members;\n- (b) the term of office of a committee member;\n- (c) the times and places of committee meetings;\n- (d) the quorum for meetings;\n- (e) other matters the Minister considers relevant to the conduct of a committee’s business.","sortOrder":80},{"sectionNumber":"sec.31B","sectionType":"section","heading":"Commissioner to give constitution to committees","content":"### sec.31B Commissioner to give constitution to committees\n\nThe commissioner must give a copy of the constitution to each committee as soon as practicable after it is approved under section 31A (1) .\nAlso, 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.\nIf the Minister amends the constitution, the commissioner must, as soon as practicable after it is amended, give each committee—\na written notice stating the amendment; or\na copy of the amended constitution.\ns 31B ins 2002 No. 60 s 9\n(sec.31B-ssec.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) .\n(sec.31B-ssec.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.\n(sec.31B-ssec.3) If the Minister amends the constitution, the commissioner must, as soon as practicable after it is amended, give each committee— a written notice stating the amendment; or a copy of the amended constitution.\n- (a) a written notice stating the amendment; or\n- (b) a copy of the amended constitution.","sortOrder":81},{"sectionNumber":"sec.32","sectionType":"section","heading":"Committees are statutory bodies","content":"### sec.32 Committees are statutory bodies\n\nUnder the Statutory Bodies Financial Arrangements Act 1982 , a committee is a statutory body.\nThe 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 .\ns 32 sub 1996 No. 54 s 9 sch\n(sec.32-ssec.1) Under the Statutory Bodies Financial Arrangements Act 1982 , a committee is a statutory body.\n(sec.32-ssec.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 .","sortOrder":82},{"sectionNumber":"sec.33","sectionType":"section","heading":"Application of laws","content":"### sec.33 Application of laws\n\nThe Collections Act 1966 does not apply to the fundraising activities of or the collecting of donations by a committee.\ns 33 amd 1995 No. 57 s 4 sch 1 ; 1998 No. 37 s 2 sch ; 1999 No. 26 s 196 sch 1","sortOrder":83},{"sectionNumber":"sec.34","sectionType":"section","heading":"Investigations","content":"### sec.34 Investigations\n\nThe 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.\nThe Minister may appoint a person to make the investigation on his or her behalf.\nOfficers of the committee are to produce to the person conducting the investigation all documents of the committee requested by the person conducting the investigation.\nAt the conclusion of an investigation the person conducting the investigation is to make a written report to the Minister.\n(sec.34-ssec.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.\n(sec.34-ssec.2) The Minister may appoint a person to make the investigation on his or her behalf.\n(sec.34-ssec.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.\n(sec.34-ssec.4) At the conclusion of an investigation the person conducting the investigation is to make a written report to the Minister.","sortOrder":84},{"sectionNumber":"sec.35","sectionType":"section","heading":"Dissolution of committees","content":"### sec.35 Dissolution of committees\n\nThe Minister may dissolve a committee if—\nthe committee has voted that it should be dissolved and has requested the Minister to dissolve it; or\nin the opinion of the Minister, it has exhibited gross neglect of its functions, finances or administration; or\nthe Minister is satisfied it would be desirable in the public interest to do so.\n- (a) the committee has voted that it should be dissolved and has requested the Minister to dissolve it; or\n- (b) in the opinion of the Minister, it has exhibited gross neglect of its functions, finances or administration; or\n- (c) the Minister is satisfied it would be desirable in the public interest to do so.","sortOrder":85},{"sectionNumber":"sec.36","sectionType":"section","heading":"Effect of dissolution","content":"### sec.36 Effect of dissolution\n\nIf 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.\ns 36 amd 1992 No. 36 s 2 sch 2 ; 1997 No. 6 s 3 sch ; 2001 No. 76 s 2 sch 1","sortOrder":86},{"sectionNumber":"pt.4A","sectionType":"part","heading":"Root cause analysis","content":"# Root cause analysis","sortOrder":87},{"sectionNumber":"pt.4A-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":88},{"sectionNumber":"sec.36A","sectionType":"section","heading":"Definitions for pt 4A","content":"### sec.36A Definitions for pt 4A\n\nIn this part—\nchain of events document ...\ns 36A def chain of events document om 2014 No. 65 s 4 (1)\ncommissioning authority see section 36E .\ncoroner see the Coroners Act 2003 , schedule 2 .\nnotice means written notice.\npublic risk notifiable conduct , for a registered health practitioner, means—\nplacing the public at risk of substantial harm in the practitioner’s practice of the profession because the practitioner has an impairment; or\nplacing the public at risk of substantial harm by practising the profession in a way that constitutes a significant departure from accepted professional standards.\ns 36A def public risk notifiable conduct ins 2010 No. 14 s 4\nreloc 2014 No. 65 s 9 (2)\namd 2019 No. 3 s 26\nRCA report see section 36G (1) .\nRCA team means a group of persons appointed under section 36E .\nregistered health practitioner means an individual who—\nis registered under the Health Practitioner Regulation National Law to practise a health profession, other than as a student; or\nholds non-practising registration under the Health Practitioner Regulation National Law in a health profession.\ns 36A def registered health practitioner ins 2010 No. 14 s 4\nreloc 2014 No. 65 s 9 (2)\nrelevant person —\nfor 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\nfor an RCA team, means a person—\nwho provides administrative or secretarial services to the RCA team; or\nwho advises the RCA team about—\nconducting an RCA of a reportable event; or\npreparing an RCA report for a reportable event.\ns 36A def relevant person amd 2014 No. 65 s 4 (2)\nreportable event —\ngenerally, means any of the following events that happen while an ambulance service is being provided to a person—\nthe death of the person, or permanent injury suffered by the person, while giving birth;\nthe death of the person caused by the incorrect management of the person’s medication;\nthe death of the person, or neurological damage suffered by the person, caused by an intravascular gas embolism;\nthe 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;\nthe 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;\nthe wrong procedure being performed on the person or a procedure being performed on the wrong part of the person’s body; or\nin relation to an RCA report, means the reportable event to which the report relates.\ns 36A def reportable event amd 2014 No. 65 s 4 (3)\ns 36A ins 2007 No. 28 s 50\n- (a) placing the public at risk of substantial harm in the practitioner’s practice of the profession because the practitioner has an impairment; or\n- (b) placing the public at risk of substantial harm by practising the profession in a way that constitutes a significant departure from accepted professional standards.\n- (a) is registered under the Health Practitioner Regulation National Law to practise a health profession, other than as a student; or\n- (b) holds non-practising registration under the Health Practitioner Regulation National Law in a health profession.\n- (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\n- (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.\n- (i) who provides administrative or secretarial services to the RCA team; or\n- (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.\n- (A) conducting an RCA of a reportable event; or\n- (B) preparing an RCA report for a reportable event.\n- (i) who provides administrative or secretarial services to the RCA team; or\n- (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.\n- (A) conducting an RCA of a reportable event; or\n- (B) preparing an RCA report for a reportable event.\n- (A) conducting an RCA of a reportable event; or\n- (B) preparing an RCA report for a reportable event.\n- (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\n- (i) the death of the person, or permanent injury suffered by the person, while giving birth;\n- (ii) the death of the person caused by the incorrect management of the person’s medication;\n- (iii) the death of the person, or neurological damage suffered by the person, caused by an intravascular gas embolism;\n- (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;\n- (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;\n- (vi) the wrong procedure being performed on the person or a procedure being performed on the wrong part of the person’s body; or\n- (b) in relation to an RCA report, means the reportable event to which the report relates.\n- (i) the death of the person, or permanent injury suffered by the person, while giving birth;\n- (ii) the death of the person caused by the incorrect management of the person’s medication;\n- (iii) the death of the person, or neurological damage suffered by the person, caused by an intravascular gas embolism;\n- (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;\n- (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;\n- (vi) the wrong procedure being performed on the person or a procedure being performed on the wrong part of the person’s body; or","sortOrder":89},{"sectionNumber":"sec.36B","sectionType":"section","heading":"Meaning of root cause analysis","content":"### sec.36B Meaning of root cause analysis\n\nRoot cause analysis or RCA , of a reportable event, means a systematic process of analysis under which—\nfactors that contributed to the happening of the event may be identified; and\nremedial measures that could be implemented to prevent a recurrence of a similar event may be identified.\nHowever, a root cause analysis or RCA of a reportable event does not include—\ninvestigating the professional competence of a person in relation to the event; or\nfinding out who is to blame for the happening of the event.\ns 36B ins 2007 No. 28 s 50\n(sec.36B-ssec.1) Root cause analysis or RCA , of a reportable event, means a systematic process of analysis under which— factors that contributed to the happening of the event may be identified; and remedial measures that could be implemented to prevent a recurrence of a similar event may be identified.\n(sec.36B-ssec.2) However, a root cause analysis or RCA of a reportable event does not include— investigating the professional competence of a person in relation to the event; or finding out who is to blame for the happening of the event.\n- (a) factors that contributed to the happening of the event may be identified; and\n- (b) remedial measures that could be implemented to prevent a recurrence of a similar event may be identified.\n- (a) investigating the professional competence of a person in relation to the event; or\n- (b) finding out who is to blame for the happening of the event.","sortOrder":90},{"sectionNumber":"sec.36C","sectionType":"section","heading":"Purpose of pt 4A","content":"### sec.36C Purpose of pt 4A\n\nThe 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.\ns 36C ins 2007 No. 28 s 50","sortOrder":91},{"sectionNumber":"sec.36D","sectionType":"section","heading":"Guiding principles for conduct of RCA of reportable event","content":"### sec.36D Guiding principles for conduct of RCA of reportable event\n\nThe principles intended to guide the conduct of an RCA of a reportable event are the following—\nreporting and acknowledging errors happening while ambulance services are being provided are encouraged if people do not fear blame or reprisal;\npeople involved in providing ambulance services should be accountable for their actions;\nthe 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;\nparticipation in the RCA should be voluntary;\nthe benefits of conducting the RCA will be maximised—\nin an environment oriented towards learning from analysing the event; and\nif the RCA is conducted in a timely way;\nteamwork, good communication and sharing of information by people involved in providing ambulance services should be fostered.\ns 36D ins 2007 No. 28 s 50\n- (a) reporting and acknowledging errors happening while ambulance services are being provided are encouraged if people do not fear blame or reprisal;\n- (b) people involved in providing ambulance services should be accountable for their actions;\n- (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;\n- (d) participation in the RCA should be voluntary;\n- (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;\n- (i) in an environment oriented towards learning from analysing the event; and\n- (ii) if the RCA is conducted in a timely way;\n- (f) teamwork, good communication and sharing of information by people involved in providing ambulance services should be fostered.\n- (i) in an environment oriented towards learning from analysing the event; and\n- (ii) if the RCA is conducted in a timely way;","sortOrder":92},{"sectionNumber":"pt.4A-div.2","sectionType":"division","heading":"RCA teams","content":"## RCA teams","sortOrder":93},{"sectionNumber":"sec.36E","sectionType":"section","heading":"Appointment of RCA team","content":"### sec.36E Appointment of RCA team\n\nThe commissioner (the commissioning authority ) may appoint persons to be members of an RCA team to conduct an RCA of a reportable event.\ns 36E ins 2007 No. 28 s 50","sortOrder":94},{"sectionNumber":"sec.36F","sectionType":"section","heading":"Requirements for appointment","content":"### sec.36F Requirements for appointment\n\nBefore appointing persons to be members of an RCA team to conduct an RCA of a reportable event, the commissioning authority must be satisfied that—\nthe persons—\nhave the appropriate skills, knowledge and experience to conduct an RCA of the event, having regard to the nature of the event; and\nwere not directly involved in providing the ambulance service during the provision of which the event happened; and\nthe 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\nthe potential benefit in disclosing relevant information is outweighed by the potential benefit of restricting disclosure of the information under division 5 .\nIn this section—\nrelevant information means information that will be compiled by the proposed RCA team in the conduct of an RCA of the reportable event.\ns 36F ins 2007 No. 28 s 50\n(sec.36F-ssec.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— the persons— have the appropriate skills, knowledge and experience to conduct an RCA of the event, having regard to the nature of the event; and were not directly involved in providing the ambulance service during the provision of which the event happened; and 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 the potential benefit in disclosing relevant information is outweighed by the potential benefit of restricting disclosure of the information under division 5 .\n(sec.36F-ssec.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.\n- (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\n- (i) have the appropriate skills, knowledge and experience to conduct an RCA of the event, having regard to the nature of the event; and\n- (ii) were not directly involved in providing the ambulance service during the provision of which the event happened; and\n- (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\n- (c) the potential benefit in disclosing relevant information is outweighed by the potential benefit of restricting disclosure of the information under division 5 .\n- (i) have the appropriate skills, knowledge and experience to conduct an RCA of the event, having regard to the nature of the event; and\n- (ii) were not directly involved in providing the ambulance service during the provision of which the event happened; and","sortOrder":95},{"sectionNumber":"pt.4A-div.3","sectionType":"division","heading":"Reporting","content":"## Reporting","sortOrder":96},{"sectionNumber":"sec.36G","sectionType":"section","heading":"RCA team’s report","content":"### sec.36G RCA team’s report\n\nAn RCA team must, as soon as practicable after conducting an RCA of a reportable event, prepare a report (the RCA report ) stating the following—\na description of the event;\na statement of the factors the RCA team considers contributed to the happening of the event;\nany 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.\nAlso, 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.\nThe RCA report must not contain the name or address of—\na person involved in providing the relevant ambulance service; or\nthe person who received the relevant ambulance service; or\na member of the RCA team.\nIn this section—\nrelevant ambulance service means the ambulance service during the provision of which the reportable event happened.\ns 36G ins 2007 No. 28 s 50\namd 2014 No. 65 s 5\n(sec.36G-ssec.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 description of the event; a statement of the factors the RCA team considers contributed to the happening of the event; 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.\n(sec.36G-ssec.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.\n(sec.36G-ssec.3) The RCA report must not contain the name or address of— a person involved in providing the relevant ambulance service; or the person who received the relevant ambulance service; or a member of the RCA team.\n(sec.36G-ssec.4) In this section— relevant ambulance service means the ambulance service during the provision of which the reportable event happened.\n- (a) a description of the event;\n- (b) a statement of the factors the RCA team considers contributed to the happening of the event;\n- (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.\n- (a) a person involved in providing the relevant ambulance service; or\n- (b) the person who received the relevant ambulance service; or\n- (c) a member of the RCA team.","sortOrder":97},{"sectionNumber":"sec.36H","sectionType":"section","heading":"Reporting to commissioning authority","content":"### sec.36H Reporting to commissioning authority\n\nThe RCA team must, as soon as practicable after preparing the RCA report, give the report to the commissioning authority.\ns 36H ins 2007 No. 28 s 50\namd 2014 No. 65 s 6","sortOrder":98},{"sectionNumber":"pt.4A-div.4","sectionType":"division","heading":"Stopping conduct of RCA of reportable event","content":"## Stopping conduct of RCA of reportable event","sortOrder":99},{"sectionNumber":"sec.36I","sectionType":"section","heading":"Definition for div 4","content":"### sec.36I Definition for div 4\n\nIn this division—\nblameworthy act means any of the following—\nan intentionally unsafe act;\ndeliberate abuse of a person receiving an ambulance service;\nconduct that constitutes a criminal offence.\ns 36I ins 2007 No. 28 s 50\n- (a) an intentionally unsafe act;\n- (b) deliberate abuse of a person receiving an ambulance service;\n- (c) conduct that constitutes a criminal offence.","sortOrder":100},{"sectionNumber":"sec.36J","sectionType":"section","heading":"Stopping conduct of RCA of reportable event—RCA team","content":"### sec.36J Stopping conduct of RCA of reportable event—RCA team\n\nThis section applies if, while conducting an RCA of a reportable event, the RCA team conducting the RCA reasonably believes—\nthe event involves a blameworthy act; or\nthe 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.\nThis section also applies if a member of the RCA team conducting the RCA of a reportable event, who is a registered health practitioner—\nreasonably believes the event involves behaviour of a registered health practitioner that constitutes public risk notifiable conduct; and\nnotifies the health ombudsman about the conduct.\nThe RCA team must—\nstop conducting the RCA; and\ngive notice to the commissioning authority that the RCA team has stopped conducting the RCA.\nFor subsection (3) (b) , the notice must—\nbe in the form approved by the chief executive; and\nstate the reasons the RCA team stopped conducting the RCA.\nIn this section—\nrelevant ambulance service means the ambulance service during the provision of which the reportable event happened.\ns 36J ins 2007 No. 28 s 50\namd 2014 No. 65 s 7\n(sec.36J-ssec.1) This section applies if, while conducting an RCA of a reportable event, the RCA team conducting the RCA reasonably believes— the event involves a blameworthy act; or 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.\n(sec.36J-ssec.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— reasonably believes the event involves behaviour of a registered health practitioner that constitutes public risk notifiable conduct; and notifies the health ombudsman about the conduct.\n(sec.36J-ssec.3) The RCA team must— stop conducting the RCA; and give notice to the commissioning authority that the RCA team has stopped conducting the RCA.\n(sec.36J-ssec.4) For subsection (3) (b) , the notice must— be in the form approved by the chief executive; and state the reasons the RCA team stopped conducting the RCA.\n(sec.36J-ssec.5) In this section— relevant ambulance service means the ambulance service during the provision of which the reportable event happened.\n- (a) the event involves a blameworthy act; or\n- (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.\n- (a) reasonably believes the event involves behaviour of a registered health practitioner that constitutes public risk notifiable conduct; and\n- (b) notifies the health ombudsman about the conduct.\n- (a) stop conducting the RCA; and\n- (b) give notice to the commissioning authority that the RCA team has stopped conducting the RCA.\n- (a) be in the form approved by the chief executive; and\n- (b) state the reasons the RCA team stopped conducting the RCA.","sortOrder":101},{"sectionNumber":"sec.36K","sectionType":"section","heading":"Stopping conduct of RCA of reportable event—commissioning authority","content":"### sec.36K Stopping conduct of RCA of reportable event—commissioning authority\n\nThis section applies if—\nthe commissioning authority has appointed persons to be members of an RCA team to conduct an RCA of a reportable event; and\nthe commissioning authority—\nreceives information, other than in a notice under section 36J (3) (b) , that leads the commissioning authority to reasonably believe—\nthe event involves a blameworthy act; or\nthe 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\nbecomes aware that a relevant entity has started an investigation or assessment of, or enquiry into, the event; or\nlater comes to the view that the event the basis of the appointment is not a reportable event.\nIf 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.\nIf subsection (1) (b) (ii) applies, the commissioning authority may, by notice given to the RCA team, direct it to stop conducting the RCA.\nFor subsection (2) or (3) , the notice given to the RCA team must be in the form approved by the chief executive.\nBefore acting under subsection (3) , the commissioning authority may consult with any relevant entity.\nIn this section—\nrelevant ambulance service means the ambulance service during the provision of which the reportable event happened.\nrelevant entity means—\nthe health ombudsman; or\na coroner; or\na board under the Health Practitioner Regulation National Law ; or\nthe commissioner of the police service; or\nanother entity that has the power under an Act of the State, the Commonwealth or another State to investigate the event.\ns 36K ins 2007 No. 28 s 50\namd 2010 No. 14 s 3 sch ; 2013 No. 13 s 4 ; 2013 No. 36 s 331 sch 1 ; 2014 No. 65 s 8\n(sec.36K-ssec.1) This section applies if— the commissioning authority has appointed persons to be members of an RCA team to conduct an RCA of a reportable event; and the commissioning authority— receives information, other than in a notice under section 36J (3) (b) , that leads the commissioning authority to reasonably believe— the event involves a blameworthy act; or 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 becomes aware that a relevant entity has started an investigation or assessment of, or enquiry into, the event; or later comes to the view that the event the basis of the appointment is not a reportable event.\n(sec.36K-ssec.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.\n(sec.36K-ssec.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.\n(sec.36K-ssec.4) For subsection (2) or (3) , the notice given to the RCA team must be in the form approved by the chief executive.\n(sec.36K-ssec.5) Before acting under subsection (3) , the commissioning authority may consult with any relevant entity.\n(sec.36K-ssec.6) In this section— relevant ambulance service means the ambulance service during the provision of which the reportable event happened. relevant entity means— the health ombudsman; or a coroner; or a board under the Health Practitioner Regulation National Law ; or the commissioner of the police service; or another entity that has the power under an Act of the State, the Commonwealth or another State to investigate the event.\n- (a) the commissioning authority has appointed persons to be members of an RCA team to conduct an RCA of a reportable event; and\n- (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.\n- (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\n- (A) the event involves a blameworthy act; or\n- (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\n- (ii) becomes aware that a relevant entity has started an investigation or assessment of, or enquiry into, the event; or\n- (iii) later comes to the view that the event the basis of the appointment is not a reportable event.\n- (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\n- (A) the event involves a blameworthy act; or\n- (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\n- (ii) becomes aware that a relevant entity has started an investigation or assessment of, or enquiry into, the event; or\n- (iii) later comes to the view that the event the basis of the appointment is not a reportable event.\n- (A) the event involves a blameworthy act; or\n- (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\n- (a) the health ombudsman; or\n- (b) a coroner; or\n- (c) a board under the Health Practitioner Regulation National Law ; or\n- (d) the commissioner of the police service; or\n- (e) another entity that has the power under an Act of the State, the Commonwealth or another State to investigate the event.","sortOrder":102},{"sectionNumber":"pt.4A-div.5","sectionType":"division","heading":"Disclosure or release of information","content":"## Disclosure or release of information","sortOrder":103},{"sectionNumber":"sec.36L","sectionType":"section","heading":"Definitions for div 5","content":"### sec.36L Definitions for div 5\n\nIn this division—\nexcluded notifiable conduct , for a registered health practitioner, means—\npractising the practitioner’s profession while intoxicated by alcohol or drugs; or\npractising the practitioner’s profession in a way that constitutes a significant departure from accepted professional standards but not in a way that places the public at risk of substantial harm; or\nengaging in sexual misconduct in connection with the practice of the practitioner’s profession.\ns 36L def excluded notifiable conduct ins 2010 No. 14 s 4\namd 2019 No. 3 s 27\nimpairment see the Health Practitioner Regulation National Law (Queensland) , section 5 .\ns 36L def impairment ins 2010 No. 14 s 4\ninformation includes a document.\nmedical 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.\nNational Agency ...\ns 36L def National Agency ins 2010 No. 14 s 4\nom 2014 No. 65 s 9 (1)\ns 36L ins 2007 No. 28 s 50\namd 2014 No. 65 s 9 (2)\n- (a) practising the practitioner’s profession while intoxicated by alcohol or drugs; or\n- (b) practising the practitioner’s profession in a way that constitutes a significant departure from accepted professional standards but not in a way that places the public at risk of substantial harm; or\n- (c) engaging in sexual misconduct in connection with the practice of the practitioner’s profession.","sortOrder":104},{"sectionNumber":"sec.36M","sectionType":"section","heading":"Disclosure of information—RCA team member or relevant person","content":"### sec.36M Disclosure of information—RCA team member or relevant person\n\nA 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—\nthe RCA team conducting an RCA of a reportable event; or\nthe RCA team preparing an RCA report; or\nthe RCA team giving the commissioning authority—\nan RCA report under section 36H ; or\na notice under section 36J ; or\nif 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.\nMaximum penalty—100 penalty units.\nAlso, 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.\nMaximum penalty—100 penalty units.\nIn this section—\ninformation includes—\nthe identity of a member of the RCA team; and\ninformation from which a member of the RCA team could be identified.\ns 36M ins 2007 No. 28 s 50\namd 2010 No. 14 s 5 ; 2014 No. 65 s 10 ; 2022 No. 1 s 16\n(sec.36M-ssec.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— the RCA team conducting an RCA of a reportable event; or the RCA team preparing an RCA report; or the RCA team giving the commissioning authority— an RCA report under section 36H ; or a notice under section 36J ; or 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—100 penalty units.\n(sec.36M-ssec.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—100 penalty units.\n(sec.36M-ssec.3) In this section— information includes— the identity of a member of the RCA team; and information from which a member of the RCA team could be identified.\n- (a) the RCA team conducting an RCA of a reportable event; or\n- (b) the RCA team preparing an RCA report; or\n- (c) the RCA team giving the commissioning authority— (i) an RCA report under section 36H ; or (ii) a notice under section 36J ; or\n- (i) an RCA report under section 36H ; or\n- (ii) a notice under section 36J ; or\n- (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.\n- (i) an RCA report under section 36H ; or\n- (ii) a notice under section 36J ; or\n- (a) the identity of a member of the RCA team; and\n- (b) information from which a member of the RCA team could be identified.","sortOrder":105},{"sectionNumber":"sec.36N","sectionType":"section","heading":"Disclosure of information—commissioning authority or relevant person","content":"### sec.36N Disclosure of information—commissioning authority or relevant person\n\nA 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—\nas required or permitted under sections 36O to 36S ; or\nas permitted under subsection (2) .\nMaximum penalty—100 penalty units.\nThe 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.\nA person who is or was the commissioning authority must not disclose to someone else—\nthe identity of a member of an RCA team; or\ninformation from which a member of the RCA team could be identified.\nMaximum penalty—100 penalty units.\nSubsections (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.\nA 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.\nMaximum penalty—100 penalty units.\nSubsection (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.\nA 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.\nMaximum penalty—100 penalty units.\nSubsection (7) does not apply to the disclosure of information by a person if the disclosure is—\nrequired under section 36Q (7) ; or\nnecessary 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.\nThis section does not authorise the attachment of a copy of an RCA report to a safety and quality report.\nIn this section—\nsafety 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.\ns 36N ins 2007 No. 28 s 50\namd 2014 No. 65 s 11 ; 2022 No. 1 s 17\n(sec.36N-ssec.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— as required or permitted under sections 36O to 36S ; or as permitted under subsection (2) . Maximum penalty—100 penalty units.\n(sec.36N-ssec.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.\n(sec.36N-ssec.3) A person who is or was the commissioning authority must not disclose to someone else— the identity of a member of an RCA team; or information from which a member of the RCA team could be identified. Maximum penalty—100 penalty units.\n(sec.36N-ssec.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.\n(sec.36N-ssec.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—100 penalty units.\n(sec.36N-ssec.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.\n(sec.36N-ssec.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.\n(sec.36N-ssec.8) Subsection (7) does not apply to the disclosure of information by a person if the disclosure is— required under section 36Q (7) ; or 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.\n(sec.36N-ssec.9) This section does not authorise the attachment of a copy of an RCA report to a safety and quality report.\n(sec.36N-ssec.10) 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.\n- (a) as required or permitted under sections 36O to 36S ; or\n- (b) as permitted under subsection (2) .\n- (a) the identity of a member of an RCA team; or\n- (b) information from which a member of the RCA team could be identified.\n- (a) required under section 36Q (7) ; or\n- (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.","sortOrder":106},{"sectionNumber":"sec.36NA","sectionType":"section","heading":"Information about excluded notifiable conduct","content":"### sec.36NA Information about excluded notifiable conduct\n\nThis section applies for the purpose of the Health Practitioner Regulation National Law (Queensland) , sections 141 (4) (d) and 141C (2) (d) .\nAn RCA team is an approved body under this Act.\nSubsection (4) applies if—\na person is or was a member of an RCA team; and\nthe person is a registered health practitioner; and\nthe person forms a reasonable belief that another registered health practitioner has behaved in a way that constitutes excluded notifiable conduct; and\nthe information that forms the basis of the reasonable belief was acquired while the person was exercising functions as a member of the RCA team.\nThe person must not disclose the information that forms the basis of the reasonable belief.\ns 36NA ins 2010 No. 14 s 6\namd 2019 No. 3 s 28\n(sec.36NA-ssec.1) This section applies for the purpose of the Health Practitioner Regulation National Law (Queensland) , sections 141 (4) (d) and 141C (2) (d) .\n(sec.36NA-ssec.2) An RCA team is an approved body under this Act.\n(sec.36NA-ssec.3) Subsection (4) applies if— a person is or was a member of an RCA team; and the person is a registered health practitioner; and the person forms a reasonable belief that another registered health practitioner has behaved in a way that constitutes excluded notifiable conduct; and 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.\n(sec.36NA-ssec.4) The person must not disclose the information that forms the basis of the reasonable belief.\n- (a) a person is or was a member of an RCA team; and\n- (b) the person is a registered health practitioner; and\n- (c) the person forms a reasonable belief that another registered health practitioner has behaved in a way that constitutes excluded notifiable conduct; and\n- (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.","sortOrder":107},{"sectionNumber":"sec.36O","sectionType":"section","heading":"Release of information to health ombudsman","content":"### sec.36O Release of information to health ombudsman\n\nThe commissioning authority must, as soon as practicable after receiving an RCA report under section 36H , give the health ombudsman—\na copy of the report; and\ndetails of the place where the reportable event happened.\ns 36O ins 2007 No. 28 s 50\namd 2013 No. 36 s 331 sch 1\n- (a) a copy of the report; and\n- (b) details of the place where the reportable event happened.","sortOrder":108},{"sectionNumber":"sec.36P","sectionType":"section","heading":"Giving of copy of RCA report—medical director","content":"### sec.36P Giving of copy of RCA report—medical director\n\nThe 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.\nAt 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—\ndetails of the reportable event; and\ndetails of the place where the event happened.\nThe medical director—\nmust 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\nmust 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\nmust 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.\nMaximum penalty—100 penalty units.\nA person who performs functions relating to the authorised purpose for the medical director—\nmust not give a copy of the report to anyone else; and\nmust 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\nmust 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.\nMaximum penalty—100 penalty units.\nAn 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—\na person involved in providing the relevant ambulance service; or\nthe person who received the relevant ambulance service.\nIn this section—\nauthorised purpose means a purpose relating to the planning, implementation, management and evaluation of safety initiatives and programs for the Queensland Ambulance Service.\nrelevant ambulance service means the ambulance service during the provision of which the reportable event happened.\ns 36P ins 2007 No. 28 s 50\namd 2014 No. 65 s 12 ; 2022 No. 1 s 18\n(sec.36P-ssec.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.\n(sec.36P-ssec.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— details of the reportable event; and details of the place where the event happened.\n(sec.36P-ssec.3) The medical director— 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 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 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—100 penalty units.\n(sec.36P-ssec.4) A person who performs functions relating to the authorised purpose for the medical director— must not give a copy of the report to anyone else; and 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 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—100 penalty units.\n(sec.36P-ssec.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 person involved in providing the relevant ambulance service; or the person who received the relevant ambulance service.\n(sec.36P-ssec.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.\n- (a) details of the reportable event; and\n- (b) details of the place where the event happened.\n- (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\n- (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\n- (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.\n- (a) must not give a copy of the report to anyone else; and\n- (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\n- (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.\n- (a) a person involved in providing the relevant ambulance service; or\n- (b) the person who received the relevant ambulance service.","sortOrder":109},{"sectionNumber":"sec.36Q","sectionType":"section","heading":"Giving of copy of RCA report etc.—investigation under the Coroners Act 2003","content":"### sec.36Q Giving of copy of RCA report etc.—investigation under the Coroners Act 2003\n\nThis section applies if—\na coroner is investigating the death of a person; and\nthe death is a reportable event that happened while an ambulance service was being provided to the person.\nThis section also applies if—\na coroner is investigating the death of a person; and\nthe 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\nthe event is not the death.\nIf 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.\nMaximum penalty—50 penalty units.\nSubsection (5) applies if—\nan RCA of the reportable event has been conducted by an RCA team; and\nan RCA report relating to the event has been given under section 36H to the commissioning authority; and\nthe commissioning authority has under subsection (3) received a query from the coroner or a police officer helping the coroner to investigate the death.\nThe commissioning authority must—\nif 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\nif 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.\nMaximum penalty—50 penalty units.\nSubsection (7) applies if—\nan RCA has been started by an RCA team in relation to the reportable event; and\nthe RCA team has, under section 36J (3) or 36K (2) or (3) , stopped conducting the RCA; and\nthe commissioning authority has under subsection (3) received a query from the coroner or a police officer helping the coroner to investigate the death.\nThe commissioning authority must—\nif 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\notherwise—give the coroner or police officer a stop notice as soon as practicable.\nIn this section—\nstop notice means a notice stating—\nif the RCA team stopped conducting the RCA under section 36J (3) —\nthat fact; and\nthe reasons for stopping; or\nif the RCA team stopped conducting the RCA because of a direction given by the commissioning authority under section 36K (2) or (3) —\nthat fact; and\nthe reasons for giving the direction.\ns 36Q ins 2007 No. 28 s 50\namd 2014 No. 65 s 13\n(sec.36Q-ssec.1) This section applies if— a coroner is investigating the death of a person; and the death is a reportable event that happened while an ambulance service was being provided to the person.\n(sec.36Q-ssec.2) This section also applies if— a coroner is investigating the death of a person; and 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 the event is not the death.\n(sec.36Q-ssec.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.\n(sec.36Q-ssec.4) Subsection (5) applies if— an RCA of the reportable event has been conducted by an RCA team; and an RCA report relating to the event has been given under section 36H to the commissioning authority; and the commissioning authority has under subsection (3) received a query from the coroner or a police officer helping the coroner to investigate the death.\n(sec.36Q-ssec.5) The commissioning authority must— 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 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.\n(sec.36Q-ssec.6) Subsection (7) applies if— an RCA has been started by an RCA team in relation to the reportable event; and the RCA team has, under section 36J (3) or 36K (2) or (3) , stopped conducting the RCA; and the commissioning authority has under subsection (3) received a query from the coroner or a police officer helping the coroner to investigate the death.\n(sec.36Q-ssec.7) The commissioning authority must— 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 otherwise—give the coroner or police officer a stop notice as soon as practicable.\n(sec.36Q-ssec.8) In this section— stop notice means a notice stating— if the RCA team stopped conducting the RCA under section 36J (3) — that fact; and the reasons for stopping; or if the RCA team stopped conducting the RCA because of a direction given by the commissioning authority under section 36K (2) or (3) — that fact; and the reasons for giving the direction.\n- (a) a coroner is investigating the death of a person; and\n- (b) the death is a reportable event that happened while an ambulance service was being provided to the person.\n- (a) a coroner is investigating the death of a person; and\n- (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\n- (c) the event is not the death.\n- (a) an RCA of the reportable event has been conducted by an RCA team; and\n- (b) an RCA report relating to the event has been given under section 36H to the commissioning authority; and\n- (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.\n- (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\n- (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.\n- (a) an RCA has been started by an RCA team in relation to the reportable event; and\n- (b) the RCA team has, under section 36J (3) or 36K (2) or (3) , stopped conducting the RCA; and\n- (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.\n- (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\n- (b) otherwise—give the coroner or police officer a stop notice as soon as practicable.\n- (a) if the RCA team stopped conducting the RCA under section 36J (3) — (i) that fact; and (ii) the reasons for stopping; or\n- (i) that fact; and\n- (ii) the reasons for stopping; or\n- (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.\n- (i) that fact; and\n- (ii) the reasons for giving the direction.\n- (i) that fact; and\n- (ii) the reasons for stopping; or\n- (i) that fact; and\n- (ii) the reasons for giving the direction.","sortOrder":110},{"sectionNumber":"sec.36R","sectionType":"section","heading":"Giving of information to Minister or chief executive","content":"### sec.36R Giving of information to Minister or chief executive\n\nThe Minister or chief executive may, in relation to an RCA of a reportable event, ask the commissioning authority—\nwhether an RCA report has been received by the authority under section 36H ; and\nif an RCA report has been received by the authority under section 36H —for a copy of the report.\nThe authority must comply with the request as soon as practicable.\ns 36R ins 2007 No. 28 s 50\n(sec.36R-ssec.1) The Minister or chief executive may, in relation to an RCA of a reportable event, ask the commissioning authority— whether an RCA report has been received by the authority under section 36H ; and if an RCA report has been received by the authority under section 36H —for a copy of the report.\n(sec.36R-ssec.2) The authority must comply with the request as soon as practicable.\n- (a) whether an RCA report has been received by the authority under section 36H ; and\n- (b) if an RCA report has been received by the authority under section 36H —for a copy of the report.","sortOrder":111},{"sectionNumber":"sec.36S","sectionType":"section","heading":"Giving of copy of, or information contained in, RCA report—person who has sufficient personal or professional interest","content":"### sec.36S Giving of copy of, or information contained in, RCA report—person who has sufficient personal or professional interest\n\nThe 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.\ns 36S ins 2007 No. 28 s 50","sortOrder":112},{"sectionNumber":"sec.36T","sectionType":"section","heading":"Information not to be given in evidence","content":"### sec.36T Information not to be given in evidence\n\nA stated person is neither competent nor compellable—\nto 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—\nby, or at the request of, a person under this part; or\nsolely for the conduct of an RCA of a reportable event; or\nto 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.\nSubsection (1) does not apply to a requirement made in proceedings for an alleged offence against this part or section 49 by the stated person.\nIn this section—\ninformation includes—\nthe identity of a member of an RCA team; and\ninformation from which a member of an RCA team could be identified.\nstated person means a person who is or was any of the following—\na member of an RCA team;\nthe commissioning authority;\na relevant person for an RCA team or the commissioning authority;\na person who performs functions for the medical director.\ns 36T ins 2007 No. 28 s 50\namd 2013 No. 36 s 331 sch 1\n(sec.36T-ssec.1) A stated person is neither competent nor compellable— 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— by, or at the request of, a person under this part; or solely for the conduct of an RCA of a reportable event; or 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.\n(sec.36T-ssec.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.\n(sec.36T-ssec.3) In this section— information includes— the identity of a member of an RCA team; and 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 member of an RCA team; the commissioning authority; a relevant person for an RCA team or the commissioning authority; a person who performs functions for the medical director.\n- (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\n- (i) by, or at the request of, a person under this part; or\n- (ii) solely for the conduct of an RCA of a reportable event; or\n- (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.\n- (i) by, or at the request of, a person under this part; or\n- (ii) solely for the conduct of an RCA of a reportable event; or\n- (a) the identity of a member of an RCA team; and\n- (b) information from which a member of an RCA team could be identified.\n- (a) a member of an RCA team;\n- (b) the commissioning authority;\n- (c) a relevant person for an RCA team or the commissioning authority;\n- (d) a person who performs functions for the medical director.","sortOrder":113},{"sectionNumber":"sec.36U","sectionType":"section","heading":"Information provider can not be compelled to give particular information in evidence","content":"### sec.36U Information provider can not be compelled to give particular information in evidence\n\nA 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—\nwhether or not the person gave information to an RCA team for its conduct of an RCA of a reportable event;\nwhat information the person gave to an RCA team for its conduct of an RCA of a reportable event;\ninformation 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;\ninformation the person was given, or questions the person was asked, by an RCA team during its conduct of an RCA of a reportable event.\ns 36U ins 2007 No. 28 s 50\n- (a) whether or not the person gave information to an RCA team for its conduct of an RCA of a reportable event;\n- (b) what information the person gave to an RCA team for its conduct of an RCA of a reportable event;\n- (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;\n- (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.","sortOrder":114},{"sectionNumber":"pt.4A-div.6","sectionType":"division","heading":"Protections","content":"## Protections","sortOrder":115},{"sectionNumber":"sec.36V","sectionType":"section","heading":"Protection from liability","content":"### sec.36V Protection from liability\n\nA 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.\nWithout limiting subsection (1) , if the act or omission involves giving information—\nin a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and\nif 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—\ndoes not contravene the Act , oath, or rule of law or practice by giving the information; and\nis not liable to disciplinary action for giving the information.\nIf 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.\ns 36V ins 2007 No. 28 s 50\n(sec.36V-ssec.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.\n(sec.36V-ssec.2) Without limiting subsection (1) , if the act or omission involves giving information— in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and 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— does not contravene the Act , oath, or rule of law or practice by giving the information; and is not liable to disciplinary action for giving the information.\n(sec.36V-ssec.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.\n- (a) in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and\n- (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.\n- (i) does not contravene the Act , oath, or rule of law or practice by giving the information; and\n- (ii) is not liable to disciplinary action for giving the information.\n- (i) does not contravene the Act , oath, or rule of law or practice by giving the information; and\n- (ii) is not liable to disciplinary action for giving the information.","sortOrder":116},{"sectionNumber":"sec.36W","sectionType":"section","heading":"Giving of information protected","content":"### sec.36W Giving of information protected\n\nThis 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.\nthe commissioning authority\na relevant person for the commissioning authority\nThe 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.\nAlso, merely because the person gives the information, the person can not be held to have—\nbreached any code of professional etiquette or ethics; or\ndeparted from accepted standards of professional conduct.\nWithout limiting subsections (2) and (3) —\nin a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and\nif the person would otherwise be required to maintain confidentiality about the information under an Act, oath, or rule of law or practice, the person—\ndoes not contravene the Act , oath, or rule of law or practice by giving the information; and\nis not liable to disciplinary action for giving the information.\ns 36W ins 2007 No. 28 s 50\n(sec.36W-ssec.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. the commissioning authority a relevant person for the commissioning authority\n(sec.36W-ssec.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.\n(sec.36W-ssec.3) Also, merely because the person gives the information, the person can not be held to have— breached any code of professional etiquette or ethics; or departed from accepted standards of professional conduct.\n(sec.36W-ssec.4) Without limiting subsections (2) and (3) — in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and 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— does not contravene the Act , oath, or rule of law or practice by giving the information; and is not liable to disciplinary action for giving the information.\n- • the commissioning authority\n- • a relevant person for the commissioning authority\n- (a) breached any code of professional etiquette or ethics; or\n- (b) departed from accepted standards of professional conduct.\n- (a) in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and\n- (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.\n- (i) does not contravene the Act , oath, or rule of law or practice by giving the information; and\n- (ii) is not liable to disciplinary action for giving the information.\n- (i) does not contravene the Act , oath, or rule of law or practice by giving the information; and\n- (ii) is not liable to disciplinary action for giving the information.","sortOrder":117},{"sectionNumber":"sec.36X","sectionType":"section","heading":"Reprisal and grounds for reprisals","content":"### sec.36X Reprisal and grounds for reprisals\n\nA 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.\nAn attempt to cause detriment includes an attempt to induce a person to cause detriment.\nA contravention of subsection (1) is a reprisal or the taking of a reprisal.\nA ground mentioned in subsection (1) as the ground for a reprisal is the unlawful ground for the reprisal.\nFor 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.\ns 36X ins 2007 No. 28 s 50\n(sec.36X-ssec.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.\n(sec.36X-ssec.2) An attempt to cause detriment includes an attempt to induce a person to cause detriment.\n(sec.36X-ssec.3) A contravention of subsection (1) is a reprisal or the taking of a reprisal.\n(sec.36X-ssec.4) A ground mentioned in subsection (1) as the ground for a reprisal is the unlawful ground for the reprisal.\n(sec.36X-ssec.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.","sortOrder":118},{"sectionNumber":"sec.36Y","sectionType":"section","heading":"Offence for taking reprisal","content":"### sec.36Y Offence for taking reprisal\n\nA person who takes a reprisal commits an offence.\nMaximum penalty—167 penalty units or 2 years imprisonment.\nThe offence is a misdemeanour.\ns 36Y ins 2007 No. 28 s 50\n(sec.36Y-ssec.1) A person who takes a reprisal commits an offence. Maximum penalty—167 penalty units or 2 years imprisonment.\n(sec.36Y-ssec.2) The offence is a misdemeanour.","sortOrder":119},{"sectionNumber":"sec.36Z","sectionType":"section","heading":"Damages entitlement for reprisal","content":"### sec.36Z Damages entitlement for reprisal\n\nA reprisal is a tort and a person who takes a reprisal is liable in damages to any person who suffers detriment as a result.\nAny appropriate remedy that may be granted by a court for a tort may be granted by a court for the taking of a reprisal.\nIf 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.\ns 36Z ins 2007 No. 28 s 50\n(sec.36Z-ssec.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.\n(sec.36Z-ssec.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.\n(sec.36Z-ssec.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.","sortOrder":120},{"sectionNumber":"pt.4A-div.7","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":121},{"sectionNumber":"sec.36ZA","sectionType":"section","heading":"Application of provisions of this part","content":"### sec.36ZA Application of provisions of this part\n\nIf 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.\ns 36ZA ins 2007 No. 28 s 50","sortOrder":122},{"sectionNumber":"sec.36ZB","sectionType":"section","heading":"RCA report not admissible in evidence","content":"### sec.36ZB RCA report not admissible in evidence\n\nAn RCA report is not admissible in evidence in any proceedings, including, for example—\na civil proceeding; or\na criminal proceeding; or\na disciplinary proceeding under the Health Ombudsman Act 2013 or the Health Practitioner Regulation National Law .\nHowever, 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—\nif section 36Q (1) applies—if the reportable event is the death; or\nif section 36Q (2) applies—if the reportable event happened while an ambulance service was being provided to the person.\nSubsection (1) applies subject to section 36T (2) .\ns 36ZB ins 2007 No. 28 s 50\namd 2010 No. 14 s 3 sch ; 2013 No. 13 s 5 ; 2013 No. 36 s 331 sch 1\n(sec.36ZB-ssec.1) An RCA report is not admissible in evidence in any proceedings, including, for example— a civil proceeding; or a criminal proceeding; or a disciplinary proceeding under the Health Ombudsman Act 2013 or the Health Practitioner Regulation National Law .\n(sec.36ZB-ssec.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— if section 36Q (1) applies—if the reportable event is the death; or if section 36Q (2) applies—if the reportable event happened while an ambulance service was being provided to the person.\n(sec.36ZB-ssec.3) Subsection (1) applies subject to section 36T (2) .\n- (a) a civil proceeding; or\n- (b) a criminal proceeding; or\n- (c) a disciplinary proceeding under the Health Ombudsman Act 2013 or the Health Practitioner Regulation National Law .\n- (a) if section 36Q (1) applies—if the reportable event is the death; or\n- (b) if section 36Q (2) applies—if the reportable event happened while an ambulance service was being provided to the person.","sortOrder":123},{"sectionNumber":"sec.36ZC","sectionType":"section","heading":"Review of pt 4A","content":"### sec.36ZC Review of pt 4A\n\nThe 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.\nThe 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.\ns 36ZC ins 2007 No. 28 s 50\n(sec.36ZC-ssec.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.\n(sec.36ZC-ssec.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.","sortOrder":124},{"sectionNumber":"pt.5","sectionType":"part","heading":"Administration and powers","content":"# Administration and powers","sortOrder":125},{"sectionNumber":"sec.37","sectionType":"section","heading":"Authorised officers","content":"### sec.37 Authorised officers\n\nThe commissioner may authorise a service officer, or service officers of a class of service officers, to exercise—\nall the powers conferred by this Act on an authorised officer; or\nany power or class of power conferred by this Act on an authorised officer.\ns 37 amd 1997 No. 6 s 3 sch\n- (a) all the powers conferred by this Act on an authorised officer; or\n- (b) any power or class of power conferred by this Act on an authorised officer.","sortOrder":126},{"sectionNumber":"sec.38","sectionType":"section","heading":"Powers of authorised officers","content":"### sec.38 Powers of authorised officers\n\nAn authorised officer, in providing ambulance services, may take any reasonable measures—\nto protect persons from any danger or potential danger associated with an emergency situation; and\nto protect persons trapped in a vehicle, receptacle, vessel or otherwise endangered; and\nto protect themselves or other officers or persons from danger, potential danger or assault from other persons.\nWithout limiting the measures that may be taken for a purpose specified in subsection (1) (a) or (b) , an authorised officer may, for that purpose—\nenter any premises, vehicle or vessel; and\nopen any receptacle, using such force as is reasonably necessary; and\nbring any apparatus or equipment onto premises; and\nremove from or otherwise deal with, any article or material in the area; and\ndestroy (wholly or partially) or damage any premises, vehicle, vessel or receptacle; and\ncause 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\nrequest any person to take all reasonable measures to assist the authorised officer; and\nadminister such basic life support and advanced life support procedures as are consistent with the training and qualifications of the authorised officer.\nWithout 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.\ns 38 amd 1998 No. 37 s 2 sch\n(sec.38-ssec.1) An authorised officer, in providing ambulance services, may take any reasonable measures— to protect persons from any danger or potential danger associated with an emergency situation; and to protect persons trapped in a vehicle, receptacle, vessel or otherwise endangered; and to protect themselves or other officers or persons from danger, potential danger or assault from other persons.\n(sec.38-ssec.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— enter any premises, vehicle or vessel; and open any receptacle, using such force as is reasonably necessary; and bring any apparatus or equipment onto premises; and remove from or otherwise deal with, any article or material in the area; and destroy (wholly or partially) or damage any premises, vehicle, vessel or receptacle; and 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 request any person to take all reasonable measures to assist the authorised officer; and administer such basic life support and advanced life support procedures as are consistent with the training and qualifications of the authorised officer.\n(sec.38-ssec.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.\n- (a) to protect persons from any danger or potential danger associated with an emergency situation; and\n- (b) to protect persons trapped in a vehicle, receptacle, vessel or otherwise endangered; and\n- (c) to protect themselves or other officers or persons from danger, potential danger or assault from other persons.\n- (a) enter any premises, vehicle or vessel; and\n- (b) open any receptacle, using such force as is reasonably necessary; and\n- (c) bring any apparatus or equipment onto premises; and\n- (d) remove from or otherwise deal with, any article or material in the area; and\n- (e) destroy (wholly or partially) or damage any premises, vehicle, vessel or receptacle; and\n- (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\n- (g) request any person to take all reasonable measures to assist the authorised officer; and\n- (h) administer such basic life support and advanced life support procedures as are consistent with the training and qualifications of the authorised officer.","sortOrder":127},{"sectionNumber":"sec.39","sectionType":"section","heading":"Protection from certain liability","content":"### sec.39 Protection from certain liability\n\nThe State is to indemnify every service officer against all actions, proceedings and claims in relation to—\nacts done, or omitted to be done, by the officer under section 38 ; or\nacts done, or omitted to be done, by the officer in good faith for the purposes of section 38 .\nFor the purposes of subsection (1) , a service officer includes a person required under section 38 (2) (g) to assist an authorised officer.\ns 39 amd 1997 No. 6 s 3 sch ; 2001 No. 76 s 2 sch 1\n(sec.39-ssec.1) The State is to indemnify every service officer against all actions, proceedings and claims in relation to— acts done, or omitted to be done, by the officer under section 38 ; or acts done, or omitted to be done, by the officer in good faith for the purposes of section 38 .\n(sec.39-ssec.2) For the purposes of subsection (1) , a service officer includes a person required under section 38 (2) (g) to assist an authorised officer.\n- (a) acts done, or omitted to be done, by the officer under section 38 ; or\n- (b) acts done, or omitted to be done, by the officer in good faith for the purposes of section 38 .","sortOrder":128},{"sectionNumber":"sec.40","sectionType":"section","heading":"Power to accept gifts etc.","content":"### sec.40 Power to accept gifts etc.\n\nThe State and each committee may acquire, for any purpose connected with—\nthe provision of ambulance services; or\nany of its functions;\nany property by gift, devise or bequest and may agree to carry out the conditions of the gift, devise or bequest.\nIf 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.\ns 40 amd 1997 No. 6 ss 13 , 3 sch ; 2001 No. 76 s 2 sch 1\n(sec.40-ssec.1) The State and each committee may acquire, for any purpose connected with— the provision of ambulance services; or 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.\n(sec.40-ssec.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.\n- (a) the provision of ambulance services; or\n- (b) any of its functions;","sortOrder":129},{"sectionNumber":"sec.41","sectionType":"section","heading":"Codes of practice","content":"### sec.41 Codes of practice\n\nThe commissioner may issue codes of practice, not inconsistent with this Act, relating to—\nthe functions, powers, conduct and appearance of service officers; and\nthe performance of duties and the training of service officers; and\nany functions imposed or powers conferred by this Act.\nThe commissioner may amend or revoke a code of practice.\nWilful failure to comply with a code of practice is grounds for disciplinary action.\ns 41 amd 1997 No. 6 s 3 sch ; 1998 No. 37 s 2 sch ; 2022 No. 34 s 334\n(sec.41-ssec.1) The commissioner may issue codes of practice, not inconsistent with this Act, relating to— the functions, powers, conduct and appearance of service officers; and the performance of duties and the training of service officers; and any functions imposed or powers conferred by this Act.\n(sec.41-ssec.2) The commissioner may amend or revoke a code of practice.\n(sec.41-ssec.3) Wilful failure to comply with a code of practice is grounds for disciplinary action.\n- (a) the functions, powers, conduct and appearance of service officers; and\n- (b) the performance of duties and the training of service officers; and\n- (c) any functions imposed or powers conferred by this Act.","sortOrder":130},{"sectionNumber":"pt.5A","sectionType":"part","heading":"Investigation officers","content":"# Investigation officers","sortOrder":131},{"sectionNumber":"pt.5A-div.1","sectionType":"division","heading":"Investigation officers","content":"## Investigation officers","sortOrder":132},{"sectionNumber":"sec.41A","sectionType":"section","heading":"Appointment","content":"### sec.41A Appointment\n\nThe commissioner may appoint any of the following persons as an investigation officer—\na public service employee;\na service officer;\na person prescribed under a regulation.\nHowever, 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.\ns 41A ins 2008 No. 64 s 6\n(sec.41A-ssec.1) The commissioner may appoint any of the following persons as an investigation officer— a public service employee; a service officer; a person prescribed under a regulation.\n(sec.41A-ssec.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.\n- (a) a public service employee;\n- (b) a service officer;\n- (c) a person prescribed under a regulation.","sortOrder":133},{"sectionNumber":"sec.41B","sectionType":"section","heading":"Appointment conditions and limit on powers","content":"### sec.41B Appointment conditions and limit on powers\n\nAn investigation officer holds office on any conditions stated in—\nthe officer’s instrument of appointment; or\na signed notice given to the officer; or\na regulation.\nThe instrument of appointment, a signed notice given to the investigation officer or a regulation may limit the officer’s powers under this Act.\nIn this section—\nsigned notice means a notice signed by the commissioner.\ns 41B ins 2008 No. 64 s 6\n(sec.41B-ssec.1) An investigation officer holds office on any conditions stated in— the officer’s instrument of appointment; or a signed notice given to the officer; or a regulation.\n(sec.41B-ssec.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.\n(sec.41B-ssec.3) In this section— signed notice means a notice signed by the commissioner.\n- (a) the officer’s instrument of appointment; or\n- (b) a signed notice given to the officer; or\n- (c) a regulation.","sortOrder":134},{"sectionNumber":"sec.41C","sectionType":"section","heading":"When investigation officer ceases to hold office","content":"### sec.41C When investigation officer ceases to hold office\n\nAn investigation officer ceases to hold office if any of the following happens—\nthe term of office stated in a condition of office ends;\nunder another condition of office, the officer ceases to hold office.\nSubsection (1) does not limit the ways an investigation officer may cease to hold office.\nIn this section—\ncondition of office means a condition on which the investigation officer holds office.\ns 41C ins 2008 No. 64 s 6\n(sec.41C-ssec.1) An investigation officer ceases to hold office if any of the following happens— the term of office stated in a condition of office ends; under another condition of office, the officer ceases to hold office.\n(sec.41C-ssec.2) Subsection (1) does not limit the ways an investigation officer may cease to hold office.\n(sec.41C-ssec.3) In this section— condition of office means a condition on which the investigation officer holds office.\n- (a) the term of office stated in a condition of office ends;\n- (b) under another condition of office, the officer ceases to hold office.","sortOrder":135},{"sectionNumber":"sec.41D","sectionType":"section","heading":"Functions of investigation officers","content":"### sec.41D Functions of investigation officers\n\nAn investigation officer has the function of investigating offences against sections 44 to 45C and 47 .\ns 41D ins 2008 No. 64 s 6","sortOrder":136},{"sectionNumber":"sec.41E","sectionType":"section","heading":"Issue of identity card","content":"### sec.41E Issue of identity card\n\nThe commissioner must issue an identity card to each investigation officer.\nThe identity card must—\ncontain a recent photo of the investigation officer; and\ncontain a copy of the investigation officer’s signature; and\nidentify the person as an investigation officer under this Act; and\nstate an expiry date for the card.\nThis section does not prevent the issue of a single identity card to a person for this Act and other purposes.\ns 41E ins 2008 No. 64 s 6\n(sec.41E-ssec.1) The commissioner must issue an identity card to each investigation officer.\n(sec.41E-ssec.2) The identity card must— contain a recent photo of the investigation officer; and contain a copy of the investigation officer’s signature; and identify the person as an investigation officer under this Act; and state an expiry date for the card.\n(sec.41E-ssec.3) This section does not prevent the issue of a single identity card to a person for this Act and other purposes.\n- (a) contain a recent photo of the investigation officer; and\n- (b) contain a copy of the investigation officer’s signature; and\n- (c) identify the person as an investigation officer under this Act; and\n- (d) state an expiry date for the card.","sortOrder":137},{"sectionNumber":"sec.41F","sectionType":"section","heading":"Production or display of identity card","content":"### sec.41F Production or display of identity card\n\nIn exercising a power under this part in relation to a person, an investigation officer must—\nproduce the officer’s identity card for the person’s inspection before exercising the power; or\nhave the identity card displayed so it is clearly visible to the person when exercising the power.\nHowever, 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.\nFor 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) .\ns 41F ins 2008 No. 64 s 6\n(sec.41F-ssec.1) In exercising a power under this part in relation to a person, an investigation officer must— produce the officer’s identity card for the person’s inspection before exercising the power; or have the identity card displayed so it is clearly visible to the person when exercising the power.\n(sec.41F-ssec.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.\n(sec.41F-ssec.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) .\n- (a) produce the officer’s identity card for the person’s inspection before exercising the power; or\n- (b) have the identity card displayed so it is clearly visible to the person when exercising the power.","sortOrder":138},{"sectionNumber":"sec.41G","sectionType":"section","heading":"Return of identity card","content":"### sec.41G Return of identity card\n\nA 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.\nMaximum penalty—10 penalty units.\ns 41G ins 2008 No. 64 s 6","sortOrder":139},{"sectionNumber":"pt.5A-div.2","sectionType":"division","heading":"Powers of investigation officers","content":"## Powers of investigation officers","sortOrder":140},{"sectionNumber":"sec.41H","sectionType":"section","heading":"Power to enter places","content":"### sec.41H Power to enter places\n\nAn investigation officer may enter a place if—\nan occupier of the place consents to the entry; or\nit is a public place and the entry is made when it is open to the public.\nFor 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—\nenter land around premises at the place to an extent that is reasonable to contact the occupier; or\nenter part of the place the officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.\nIn this section—\npublic place means—\na 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\na 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.\ns 41H ins 2008 No. 64 s 6\n(sec.41H-ssec.1) An investigation officer may enter a place if— an occupier of the place consents to the entry; or it is a public place and the entry is made when it is open to the public.\n(sec.41H-ssec.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— enter land around premises at the place to an extent that is reasonable to contact the occupier; or 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.\n(sec.41H-ssec.3) In this section— public place means— 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 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.\n- (a) an occupier of the place consents to the entry; or\n- (b) it is a public place and the entry is made when it is open to the public.\n- (a) enter land around premises at the place to an extent that is reasonable to contact the occupier; or\n- (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.\n- (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\n- (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.","sortOrder":141},{"sectionNumber":"sec.41I","sectionType":"section","heading":"Entry with consent","content":"### sec.41I Entry with consent\n\nThis 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.\nBefore asking for the consent, the investigation officer must tell the occupier—\nthe purpose of the entry; and\nthat the occupier is not required to consent.\nIf the consent is given, the investigation officer may ask the occupier to sign an acknowledgement of the consent.\nThe acknowledgement must state—\nthe occupier has been told—\nthe purpose of the entry; and\nthat the occupier is not required to consent; and\nthe purpose of the entry; and\nthe occupier gives the investigation officer consent to enter the place and exercise powers under this part; and\nthe time and date the consent was given.\nIf the occupier signs an acknowledgement, the investigation officer must immediately give a copy to the occupier.\nIf—\nan issue arises in a proceeding about whether the occupier consented to the entry; and\nan acknowledgement complying with subsection (4) for the entry is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.\ns 41I ins 2008 No. 64 s 6\n(sec.41I-ssec.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.\n(sec.41I-ssec.2) Before asking for the consent, the investigation officer must tell the occupier— the purpose of the entry; and that the occupier is not required to consent.\n(sec.41I-ssec.3) If the consent is given, the investigation officer may ask the occupier to sign an acknowledgement of the consent.\n(sec.41I-ssec.4) The acknowledgement must state— the occupier has been told— the purpose of the entry; and that the occupier is not required to consent; and the purpose of the entry; and the occupier gives the investigation officer consent to enter the place and exercise powers under this part; and the time and date the consent was given.\n(sec.41I-ssec.5) If the occupier signs an acknowledgement, the investigation officer must immediately give a copy to the occupier.\n(sec.41I-ssec.6) If— an issue arises in a proceeding about whether the occupier consented to the entry; and 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.\n- (a) the purpose of the entry; and\n- (b) that the occupier is not required to consent.\n- (a) the occupier has been told— (i) the purpose of the entry; and (ii) that the occupier is not required to consent; and\n- (i) the purpose of the entry; and\n- (ii) that the occupier is not required to consent; and\n- (b) the purpose of the entry; and\n- (c) the occupier gives the investigation officer consent to enter the place and exercise powers under this part; and\n- (d) the time and date the consent was given.\n- (i) the purpose of the entry; and\n- (ii) that the occupier is not required to consent; and\n- (a) an issue arises in a proceeding about whether the occupier consented to the entry; and\n- (b) an acknowledgement complying with subsection (4) for the entry is not produced in evidence;","sortOrder":142},{"sectionNumber":"sec.41J","sectionType":"section","heading":"General powers after entering places","content":"### sec.41J General powers after entering places\n\nThis section applies to an investigation officer who enters a place.\nHowever, 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.\nFor monitoring and enforcing compliance with sections 44 to 45C and 47 , the investigation officer may—\ncopy a document at the place or take the document to another place to copy it; or\nrequire a person at the place, to give the officer reasonable help to exercise the officer’s powers under paragraph (a) ; or\nrequire 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 .\nWhen 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.\nIf 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.\nTo 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) .\nAlso, 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) .\ns 41J ins 2008 No. 64 s 6\n(sec.41J-ssec.1) This section applies to an investigation officer who enters a place.\n(sec.41J-ssec.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.\n(sec.41J-ssec.3) For monitoring and enforcing compliance with sections 44 to 45C and 47 , the investigation officer may— copy a document at the place or take the document to another place to copy it; or require a person at the place, to give the officer reasonable help to exercise the officer’s powers under paragraph (a) ; or 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 .\n(sec.41J-ssec.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.\n(sec.41J-ssec.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.\n(sec.41J-ssec.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) .\n(sec.41J-ssec.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) .\n- (a) copy a document at the place or take the document to another place to copy it; or\n- (b) require a person at the place, to give the officer reasonable help to exercise the officer’s powers under paragraph (a) ; or\n- (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 .","sortOrder":143},{"sectionNumber":"sec.41K","sectionType":"section","heading":"Power to require name and address","content":"### sec.41K Power to require name and address\n\nThis section applies if an investigation officer—\nfinds a person committing an offence against section 44 , 45 , 45A , 45B , 45C or 47 ; or\nfinds 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\nhas information that leads the officer to reasonably suspect a person has committed an offence against section 44 , 45 , 45A , 45B , 45C or 47 .\nThe investigation officer may require the person to state the person’s name and residential address.\nWhen 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.\nThe 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.\ns 41K ins 2008 No. 64 s 6\n(sec.41K-ssec.1) This section applies if an investigation officer— finds a person committing an offence against section 44 , 45 , 45A , 45B , 45C or 47 ; or 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 has information that leads the officer to reasonably suspect a person has committed an offence against section 44 , 45 , 45A , 45B , 45C or 47 .\n(sec.41K-ssec.2) The investigation officer may require the person to state the person’s name and residential address.\n(sec.41K-ssec.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.\n(sec.41K-ssec.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.\n- (a) finds a person committing an offence against section 44 , 45 , 45A , 45B , 45C or 47 ; or\n- (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\n- (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 .","sortOrder":144},{"sectionNumber":"pt.5A-div.3","sectionType":"division","heading":"Protection from liability","content":"## Protection from liability","sortOrder":145},{"sectionNumber":"sec.41L","sectionType":"section","heading":"Protection from liability","content":"### sec.41L Protection from liability\n\nAn investigation officer is not civilly liable for an act done, or omission made, honestly and without negligence, when acting as an investigation officer.\nIf subsection (1) prevents a civil liability attaching to an investigation officer liability attaches instead to the State.\nIn this section—\ninvestigation officer includes a person required to help an investigation officer under section 41J (3) (b) .\ns 41L ins 2008 No. 64 s 6\n(sec.41L-ssec.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.\n(sec.41L-ssec.2) If subsection (1) prevents a civil liability attaching to an investigation officer liability attaches instead to the State.\n(sec.41L-ssec.3) In this section— investigation officer includes a person required to help an investigation officer under section 41J (3) (b) .","sortOrder":146},{"sectionNumber":"pt.6","sectionType":"part","heading":"Offences","content":"# Offences","sortOrder":147},{"sectionNumber":"sec.42","sectionType":"section","heading":"Right of way to ambulances","content":"### sec.42 Right of way to ambulances\n\nDespite 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—\nany ambulance with warning devices sounding or warning lights activated; and\nany 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.\nA person is not to fail to comply with subsection (1) .\nMaximum penalty for subsection (2) —50 penalty units or 6 months imprisonment.\ns 42 amd 1997 No. 6 s 3 sch ; 1998 No. 37 s 2 sch ; 1999 No. 19 s 3 sch ; 1999 No. 42 s 54 (3) sch pt 3\n(sec.42-ssec.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— any ambulance with warning devices sounding or warning lights activated; and 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.\n(sec.42-ssec.2) A person is not to fail to comply with subsection (1) . Maximum penalty for subsection (2) —50 penalty units or 6 months imprisonment.\n- (a) any ambulance with warning devices sounding or warning lights activated; and\n- (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.","sortOrder":148},{"sectionNumber":"sec.43","sectionType":"section","heading":"Unauthorised ambulance transport","content":"### sec.43 Unauthorised ambulance transport\n\nA 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.\nMaximum penalty—\nin the case of an individual—16 penalty units; or\nin the case of a corporation—50 penalty units.\nThe Minister may revoke any approval given, or revoke or vary any condition imposed, under this section.\nThis section does not apply to—\nthe Royal Flying Doctor Service of Australia; and\nan ambulance service conducted under the Hospital and Health Boards Act 2011.\ns 43 amd 1997 No. 6 s 3 sch ; 2001 No. 76 s 2 sch 1 ; 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47 )\n(sec.43-ssec.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— in the case of an individual—16 penalty units; or in the case of a corporation—50 penalty units.\n(sec.43-ssec.2) The Minister may revoke any approval given, or revoke or vary any condition imposed, under this section.\n(sec.43-ssec.3) This section does not apply to— the Royal Flying Doctor Service of Australia; and an ambulance service conducted under the Hospital and Health Boards Act 2011.\n- (a) in the case of an individual—16 penalty units; or\n- (b) in the case of a corporation—50 penalty units.\n- (a) the Royal Flying Doctor Service of Australia; and\n- (b) an ambulance service conducted under the Hospital and Health Boards Act 2011.","sortOrder":149},{"sectionNumber":"sec.44","sectionType":"section","heading":"Failure to help investigation officer","content":"### sec.44 Failure to help investigation officer\n\nA person required to give reasonable help under section 41J (3) (b) must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—10 penalty units.\nIt is a reasonable excuse for the person not to comply with the requirement because complying with the requirement might tend to incriminate the person.\ns 44 prev s 44 amd 1991 No. 97 s 3 sch 2 ; 1996 No. 61 s 15 sch ; 1997 No. 6 s 3 sch ; 2001 No. 7 s 302 sch 2\nom 2003 No. 34 s 160\npres s 44 ins 2008 No. 64 s 7\n(sec.44-ssec.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.\n(sec.44-ssec.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.","sortOrder":150},{"sectionNumber":"sec.45","sectionType":"section","heading":"Failure to answer questions","content":"### sec.45 Failure to answer questions\n\nA person of whom a requirement is made under section 41J (3) (c) must, unless the person has a reasonable excuse, comply with the requirement.\nMaximum penalty—10 penalty units.\nIt 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.\ns 45 prev s 45 amd 1991 No. 97 s 3 sch 2 ; 1997 No. 6 s 3 sch\nom 2003 No. 34 s 161\npres s 45 ins 2008 No. 64 s 7\n(sec.45-ssec.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.\n(sec.45-ssec.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.","sortOrder":151},{"sectionNumber":"sec.45A","sectionType":"section","heading":"Failure to give name or address","content":"### sec.45A Failure to give name or address\n\nA person of whom a personal details requirement is made must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—10 penalty units.\nA person does not commit an offence against subsection (1) if—\nthe 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\nthe person is not proved to have committed the offence against this Act.\nIn this section—\npersonal details requirement means a requirement under section 41K (2) or (4) .\ns 45A ins 2008 No. 64 s 7\n(sec.45A-ssec.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.\n(sec.45A-ssec.2) A person does not commit an offence against subsection (1) if— 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 the person is not proved to have committed the offence against this Act.\n(sec.45A-ssec.3) In this section— personal details requirement means a requirement under section 41K (2) or (4) .\n- (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\n- (b) the person is not proved to have committed the offence against this Act.","sortOrder":152},{"sectionNumber":"sec.45B","sectionType":"section","heading":"False or misleading statements","content":"### sec.45B False or misleading statements\n\nA person must not state anything to an investigation officer the person knows is false or misleading in a material particular.\nMaximum penalty—10 penalty units.\ns 45B ins 2008 No. 64 s 7","sortOrder":153},{"sectionNumber":"sec.45C","sectionType":"section","heading":"False or misleading documents","content":"### sec.45C False or misleading documents\n\nA person must not give an investigation officer a document containing information the person knows is false or misleading in a material particular.\nMaximum penalty—10 penalty units.\nSubsection (1) does not apply to a person if the person, when giving the document—\ntells the investigation officer, to the best of the person’s ability, how it is false or misleading; and\nif the person has, or can reasonably obtain, the correct information—gives the correct information.\ns 45C ins 2008 No. 64 s 7\n(sec.45C-ssec.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.\n(sec.45C-ssec.2) Subsection (1) does not apply to a person if the person, when giving the document— tells the investigation officer, to the best of the person’s ability, how it is false or misleading; and if the person has, or can reasonably obtain, the correct information—gives the correct information.\n- (a) tells the investigation officer, to the best of the person’s ability, how it is false or misleading; and\n- (b) if the person has, or can reasonably obtain, the correct information—gives the correct information.","sortOrder":154},{"sectionNumber":"sec.46","sectionType":"section","heading":"Obstruction","content":"### sec.46 Obstruction\n\nA person must not wilfully obstruct or hinder any person acting under the authority of this Act.\nMaximum penalty—16 penalty units.\ns 46 amd 2000 No. 5 s 461 sch 3","sortOrder":155},{"sectionNumber":"sec.47","sectionType":"section","heading":"False calls for ambulance service","content":"### sec.47 False calls for ambulance service\n\nA 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.\nMaximum penalty—100 penalty units or 1 year’s imprisonment.\nFor subsection (1) , a request may be made orally, in writing or by conduct.\nAn 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—\nhas investigated any lawful excuse of the person; and\nis satisfied the person does not have a lawful excuse.\ns 47 amd 1997 No. 6 s 3 sch ; 2001 No. 76 s 2 sch 1\nsub 2008 No. 64 s 8\n(sec.47-ssec.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.\n(sec.47-ssec.2) For subsection (1) , a request may be made orally, in writing or by conduct.\n(sec.47-ssec.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— has investigated any lawful excuse of the person; and is satisfied the person does not have a lawful excuse.\n- (a) has investigated any lawful excuse of the person; and\n- (b) is satisfied the person does not have a lawful excuse.","sortOrder":156},{"sectionNumber":"sec.48","sectionType":"section","heading":"Restricted use of words ‘Ambulance Service’","content":"### sec.48 Restricted use of words ‘Ambulance Service’\n\nA person must not—\nwithout the written authority of the Minister—use the words ‘Ambulance Service’ or any similar name, title or description; or\nrepresent that the person is associated with the service unless such an association exists; or\nwithout the written authority of the Minister—use the word ‘Ambulance’ on any vehicle that is not operated by the service; or\nimpersonate a service officer; or\nwithout the written authority of the Minister—use any insignia of the service in any manner contrary to the manner approved by the Minister.\nMaximum penalty—\nin the case of an individual—16 penalty units; or\nin the case of a corporation—50 penalty units.\nThis section does not apply to—\nan ambulance service conducted under the Hospital and Health Boards Act 2011 ; and\nthe use of the word ‘Ambulance’ by St John Ambulance Australia-Queensland as part of its name; and\nthe 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.\ns 48 amd 1991 No. 97 s 3 sch 2 ; 1997 No. 6 s 3 sch ; 2001 No. 76 s 2 sch 1 ; 2003 No. 34 s 162 ; 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47 )\n(sec.48-ssec.1) A person must not— without the written authority of the Minister—use the words ‘Ambulance Service’ or any similar name, title or description; or represent that the person is associated with the service unless such an association exists; or without the written authority of the Minister—use the word ‘Ambulance’ on any vehicle that is not operated by the service; or impersonate a service officer; or 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— in the case of an individual—16 penalty units; or in the case of a corporation—50 penalty units.\n(sec.48-ssec.2) This section does not apply to— an ambulance service conducted under the Hospital and Health Boards Act 2011 ; and the use of the word ‘Ambulance’ by St John Ambulance Australia-Queensland as part of its name; and 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.\n- (a) without the written authority of the Minister—use the words ‘Ambulance Service’ or any similar name, title or description; or\n- (b) represent that the person is associated with the service unless such an association exists; or\n- (c) without the written authority of the Minister—use the word ‘Ambulance’ on any vehicle that is not operated by the service; or\n- (d) impersonate a service officer; or\n- (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.\n- (a) in the case of an individual—16 penalty units; or\n- (b) in the case of a corporation—50 penalty units.\n- (a) an ambulance service conducted under the Hospital and Health Boards Act 2011 ; and\n- (b) the use of the word ‘Ambulance’ by St John Ambulance Australia-Queensland as part of its name; and\n- (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.","sortOrder":157},{"sectionNumber":"sec.49","sectionType":"section","heading":"Confidential information must not be disclosed by designated officers","content":"### sec.49 Confidential information must not be disclosed by designated officers\n\nA person who is or was a designated officer must not, directly or indirectly, disclose confidential information to another person unless the disclosure is required or permitted under this Act.\nMaximum penalty—100 penalty units.\nSee also part 7 , division 1 for disclosures of confidential information permitted under this Act.\nFor subsection (1) , another person includes another designated officer.\nSubsection (1) applies even if a person who could be identified from the disclosure of the confidential information is deceased.\ns 49 amd 1997 No. 6 s 3 sch ; 2001 No. 7 s 302 sch 2 ; 2002 No. 74 s 90 sch\nsub 2008 No. 64 s 9 ; 2022 No. 1 s 19\n(sec.49-ssec.1) A person who is or was a designated officer must not, directly or indirectly, disclose confidential information to another person unless the disclosure is required or permitted under this Act. Maximum penalty—100 penalty units. See also part 7 , division 1 for disclosures of confidential information permitted under this Act.\n(sec.49-ssec.2) For subsection (1) , another person includes another designated officer.\n(sec.49-ssec.3) Subsection (1) applies even if a person who could be identified from the disclosure of the confidential information is deceased.","sortOrder":158},{"sectionNumber":"sec.49A","sectionType":"section","heading":"Confidential information must not be disclosed by informed person","content":"### sec.49A Confidential information must not be disclosed by informed person\n\nThis section applies if a person who is or was a designated officer directly or indirectly discloses confidential information to another person (the informed person ).\nThe informed person must not, directly or indirectly, disclose the confidential information to another person unless the disclosure is required or permitted under this Act or another law.\nMaximum penalty—50 penalty units.\nThe informed person may disclose the confidential information—\nto the person to whom the confidential information relates; or\nfor a lawful purpose for which the confidential information was originally disclosed to the informed person; or\nif an agreement mentioned in section 50L requires or allows the disclosure—under the agreement.\nSubsection (2) applies even if a person who could be identified from the disclosure of the confidential information is deceased.\ns 49A ins 2008 No. 64 s 9\nsub 2022 No. 1 s 19\n(sec.49A-ssec.1) This section applies if a person who is or was a designated officer directly or indirectly discloses confidential information to another person (the informed person ).\n(sec.49A-ssec.2) The informed person must not, directly or indirectly, disclose the confidential information to another person unless the disclosure is required or permitted under this Act or another law. Maximum penalty—50 penalty units.\n(sec.49A-ssec.3) The informed person may disclose the confidential information— to the person to whom the confidential information relates; or for a lawful purpose for which the confidential information was originally disclosed to the informed person; or if an agreement mentioned in section 50L requires or allows the disclosure—under the agreement.\n(sec.49A-ssec.4) Subsection (2) applies even if a person who could be identified from the disclosure of the confidential information is deceased.\n- (a) to the person to whom the confidential information relates; or\n- (b) for a lawful purpose for which the confidential information was originally disclosed to the informed person; or\n- (c) if an agreement mentioned in section 50L requires or allows the disclosure—under the agreement.","sortOrder":159},{"sectionNumber":"sec.50","sectionType":"section","heading":"Proceedings for offences","content":"### sec.50 Proceedings for offences\n\nA prosecution for an offence against this Act is to be by way of summary proceedings under the Justices Act 1886 on complaint of—\na person authorised by the chief executive for that purpose, either generally or in a particular case; or\na police officer.\nThe authority of a person referred to in subsection (1) (a) to make a complaint is to be presumed until the contrary is proved.\nThe requirement to proceed in a summary way is subject to section 50B .\ns 50 amd 2001 No. 76 s 2 sch 1 ; 2007 No. 28 s 51\n(sec.50-ssec.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 person authorised by the chief executive for that purpose, either generally or in a particular case; or a police officer.\n(sec.50-ssec.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.\n(sec.50-ssec.3) The requirement to proceed in a summary way is subject to section 50B .\n- (a) a person authorised by the chief executive for that purpose, either generally or in a particular case; or\n- (b) a police officer.","sortOrder":160},{"sectionNumber":"sec.50A","sectionType":"section","heading":"Proceedings for indictable offences","content":"### sec.50A Proceedings for indictable offences\n\nA proceeding for an indictable offence against this Act may be taken, at the election of the prosecution—\nby way of summary proceeding under the Justices Act 1886 ; or\non indictment.\nA magistrate must not hear an indictable offence summarily if—\nthe defendant asks at the start of the hearing that the charge be prosecuted on indictment; or\nthe magistrate considers the charge should be prosecuted on indictment.\nIf subsection (2) applies—\nthe magistrate must proceed by way of an examination of witnesses for an indictable offence; and\na plea of the person charged at the start of the proceeding must be disregarded; and\nevidence 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\nbefore 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) .\ns 50A ins 2007 No. 28 s 52\n(sec.50A-ssec.1) A proceeding for an indictable offence against this Act may be taken, at the election of the prosecution— by way of summary proceeding under the Justices Act 1886 ; or on indictment.\n(sec.50A-ssec.2) A magistrate must not hear an indictable offence summarily if— the defendant asks at the start of the hearing that the charge be prosecuted on indictment; or the magistrate considers the charge should be prosecuted on indictment.\n(sec.50A-ssec.3) If subsection (2) applies— the magistrate must proceed by way of an examination of witnesses for an indictable offence; and a plea of the person charged at the start of the proceeding must be disregarded; and 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 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) .\n- (a) by way of summary proceeding under the Justices Act 1886 ; or\n- (b) on indictment.\n- (a) the defendant asks at the start of the hearing that the charge be prosecuted on indictment; or\n- (b) the magistrate considers the charge should be prosecuted on indictment.\n- (a) the magistrate must proceed by way of an examination of witnesses for an indictable offence; and\n- (b) a plea of the person charged at the start of the proceeding must be disregarded; and\n- (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\n- (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) .","sortOrder":161},{"sectionNumber":"sec.50B","sectionType":"section","heading":"Limitation on who may summarily hear indictable offence","content":"### sec.50B Limitation on who may summarily hear indictable offence\n\nThe proceeding must be before a magistrate if it is a proceeding—\nfor the summary conviction of a person on a charge for an indictable offence; or\nfor an examination of witnesses for a charge for an indictable offence.\nHowever, 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 .\ns 50B ins 2007 No. 28 s 52\n(sec.50B-ssec.1) The proceeding must be before a magistrate if it is a proceeding— for the summary conviction of a person on a charge for an indictable offence; or for an examination of witnesses for a charge for an indictable offence.\n(sec.50B-ssec.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 .\n- (a) for the summary conviction of a person on a charge for an indictable offence; or\n- (b) for an examination of witnesses for a charge for an indictable offence.","sortOrder":162},{"sectionNumber":"sec.50C","sectionType":"section","heading":"Order for payment if guilty of false call","content":"### sec.50C Order for payment if guilty of false call\n\nIf 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.\nThe court may make an order under subsection (1) in addition to imposing a penalty for the offence.\nAn amount ordered to be paid under subsection (1) may be recovered by the service as a debt owing to it by the person.\nSubsection (1) does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law.\ns 50C ins 2008 No. 64 s 10\n(sec.50C-ssec.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.\n(sec.50C-ssec.2) The court may make an order under subsection (1) in addition to imposing a penalty for the offence.\n(sec.50C-ssec.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.\n(sec.50C-ssec.4) Subsection (1) does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law.","sortOrder":163},{"sectionNumber":"pt.7","sectionType":"part","heading":"General","content":"# General","sortOrder":164},{"sectionNumber":"pt.7-div.1","sectionType":"division","heading":"Confidentiality","content":"## Confidentiality","sortOrder":165},{"sectionNumber":"sec.50D","sectionType":"section","heading":"Definitions for div 1","content":"### sec.50D Definitions for div 1\n\nIn this division—\nconfidential information ...\ns 50D def confidential information om 2022 No. 1 s 20 (1)\ndesignated officer ...\ns 50D def designated officer om 2022 No. 1 s 20 (1)\ndesignated person see the Hospital and Health Boards Act 2011 , section 139A .\ns 50D def designated person ins 2022 No. 1 s 20 (2)\nhealth practitioner registration Act ...\ns 50D def health practitioner registration Act om 2010 No. 14 s 3 sch\nhealth professional means a person registered under the Health Practitioner Regulation National Law to practise, other than as a student, in any of the following—\nthe medical profession;\nthe medical radiation practice profession;\nthe midwifery profession;\nthe nursing profession;\nthe occupational therapy profession;\nthe paramedicine profession;\nthe pharmacy profession;\nthe physiotherapy profession;\nthe psychology profession.\ns 50D def health professional sub 2010 No. 14 s 3 sch ; 2012 No. 10 s 4\namd 2017 No. 32 s 84\ns 50D ins 2008 No. 64 s 11\n- (a) the medical profession;\n- (b) the medical radiation practice profession;\n- (c) the midwifery profession;\n- (d) the nursing profession;\n- (e) the occupational therapy profession;\n- (f) the paramedicine profession;\n- (g) the pharmacy profession;\n- (h) the physiotherapy profession;\n- (i) the psychology profession.","sortOrder":166},{"sectionNumber":"sec.50E","sectionType":"section","heading":"Disclosure required or permitted by law","content":"### sec.50E Disclosure required or permitted by law\n\nA designated officer may disclose confidential information if the disclosure is required or permitted by an Act or law.\ns 50E ins 2008 No. 64 s 11\nsub 2022 No. 1 s 21","sortOrder":167},{"sectionNumber":"sec.50F","sectionType":"section","heading":"Disclosure to, or with consent of, person to whom confidential information relates","content":"### sec.50F Disclosure to, or with consent of, person to whom confidential information relates\n\nA designated officer may disclose confidential information if—\nfor confidential information relating to an adult—\nthe disclosure is to the adult; or\nthe adult consents to the disclosure; or\nfor confidential information relating to a child—\nthe disclosure is to the child or an authorised person for the child; or\nthe officer is a health professional who reasonably believes the child has capacity to consent and the child consents to the disclosure; or\nthe officer is a health professional who reasonably believes the disclosure is in the child’s best interests; or\nan authorised person for the child consents to the disclosure.\nIn this section—\nauthorised person , for a child, means a person who is authorised to consent on the child’s behalf to the disclosure of confidential information relating to the child.\na parent or guardian of the child\ncapacity to consent , in relation to a child, means the child is of sufficient age, and mental and emotional maturity, to understand the nature of consenting to the disclosure of confidential information.\ns 50F ins 2008 No. 64 s 11\nsub 2022 No. 1 s 22\n(sec.50F-ssec.1) A designated officer may disclose confidential information if— for confidential information relating to an adult— the disclosure is to the adult; or the adult consents to the disclosure; or for confidential information relating to a child— the disclosure is to the child or an authorised person for the child; or the officer is a health professional who reasonably believes the child has capacity to consent and the child consents to the disclosure; or the officer is a health professional who reasonably believes the disclosure is in the child’s best interests; or an authorised person for the child consents to the disclosure.\n(sec.50F-ssec.2) In this section— authorised person , for a child, means a person who is authorised to consent on the child’s behalf to the disclosure of confidential information relating to the child. a parent or guardian of the child capacity to consent , in relation to a child, means the child is of sufficient age, and mental and emotional maturity, to understand the nature of consenting to the disclosure of confidential information.\n- (a) for confidential information relating to an adult— (i) the disclosure is to the adult; or (ii) the adult consents to the disclosure; or\n- (i) the disclosure is to the adult; or\n- (ii) the adult consents to the disclosure; or\n- (b) for confidential information relating to a child— (i) the disclosure is to the child or an authorised person for the child; or (ii) the officer is a health professional who reasonably believes the child has capacity to consent and the child consents to the disclosure; or (iii) the officer is a health professional who reasonably believes the disclosure is in the child’s best interests; or (iv) an authorised person for the child consents to the disclosure.\n- (i) the disclosure is to the child or an authorised person for the child; or\n- (ii) the officer is a health professional who reasonably believes the child has capacity to consent and the child consents to the disclosure; or\n- (iii) the officer is a health professional who reasonably believes the disclosure is in the child’s best interests; or\n- (iv) an authorised person for the child consents to the disclosure.\n- (i) the disclosure is to the adult; or\n- (ii) the adult consents to the disclosure; or\n- (i) the disclosure is to the child or an authorised person for the child; or\n- (ii) the officer is a health professional who reasonably believes the child has capacity to consent and the child consents to the disclosure; or\n- (iii) the officer is a health professional who reasonably believes the disclosure is in the child’s best interests; or\n- (iv) an authorised person for the child consents to the disclosure.","sortOrder":168},{"sectionNumber":"sec.50G","sectionType":"section","heading":"Disclosure to person who has sufficient interest in health and welfare of person","content":"### sec.50G Disclosure to person who has sufficient interest in health and welfare of person\n\nA designated officer may 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.\nthe person’s child, guardian, parent or spouse\nan adult who is providing home care to the person because of a chronic condition or disability\na medical practitioner who has had responsibility for the care and treatment of the person\nHowever, subsection (1) does not apply if the person to whom the confidential information relates requests the information not to be disclosed.\nFor 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.\ns 50G ins 2008 No. 64 s 11\namd 2022 No. 1 s 117 s ch 1 pt 2\n(sec.50G-ssec.1) A designated officer may 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. 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\n(sec.50G-ssec.2) However, subsection (1) does not apply if the person to whom the confidential information relates requests the information not to be disclosed.\n(sec.50G-ssec.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.\n- • the person’s child, guardian, parent or spouse\n- • an adult who is providing home care to the person because of a chronic condition or disability\n- • a medical practitioner who has had responsibility for the care and treatment of the person","sortOrder":169},{"sectionNumber":"sec.50H","sectionType":"section","heading":"Disclosure for care or treatment of person","content":"### sec.50H Disclosure for care or treatment of person\n\nA designated officer may disclose confidential information if the disclosure is required for the care or treatment of the person to whom the information relates.\ns 50H ins 2008 No. 64 s 11\nsub 2022 No. 1 s 23","sortOrder":170},{"sectionNumber":"sec.50I","sectionType":"section","heading":"Disclosure is general condition of person","content":"### sec.50I Disclosure is general condition of person\n\nA designated officer may 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.\nA service officer discloses that a person’s condition is “satisfactory”.\nHowever, subsection (1) does not apply if the person to whom the confidential information relates requests the information not to be disclosed.\ns 50I ins 2008 No. 64 s 11\namd 2022 No. 1 s 117 s ch 1 pt 2\n(sec.50I-ssec.1) A designated officer may 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. A service officer discloses that a person’s condition is “satisfactory”.\n(sec.50I-ssec.2) However, subsection (1) does not apply if the person to whom the confidential information relates requests the information not to be disclosed.","sortOrder":171},{"sectionNumber":"sec.50IA","sectionType":"section","heading":"Disclosure for protection, safety or wellbeing of child","content":"### sec.50IA Disclosure for protection, safety or wellbeing of child\n\nA designated officer may disclose confidential information if—\nthe disclosure is for the protection, safety or wellbeing of a child; and\nthe information relates to someone other than the child.\ns 50IA ins 2022 No. 1 s 24\n- (a) the disclosure is for the protection, safety or wellbeing of a child; and\n- (b) the information relates to someone other than the child.","sortOrder":172},{"sectionNumber":"sec.50J","sectionType":"section","heading":"Disclosure to police or corrective services officers","content":"### sec.50J Disclosure to police or corrective services officers\n\nA designated officer may disclose confidential information if the disclosure is to—\na 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\na police officer and the person to whom the confidential information relates is in the custody of police; or\na corrective services officer and the person to whom the confidential information relates is in the custody of the chief executive (corrections).\nSee the Corrective Services Act 2006 , section 7 , for when a person is taken to be in the custody the chief executive (corrections).\nIn this section—\nchief executive (corrections) means the chief executive of the department in which the Corrective Services Act 2006 is administered.\ncorrective services officer has the meaning given by the Corrective Services Act 2006 .\ns 50J ins 2008 No. 64 s 11\namd 2022 No. 1 s 117 s ch 1 pt 2\n(sec.50J-ssec.1) A designated officer may disclose confidential information if the disclosure is to— 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 a police officer and the person to whom the confidential information relates is in the custody of police; or a corrective services officer and the person to whom the confidential information relates is in the custody of the chief executive (corrections). See the Corrective Services Act 2006 , section 7 , for when a person is taken to be in the custody the chief executive (corrections).\n(sec.50J-ssec.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 .\n- (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\n- (b) a police officer and the person to whom the confidential information relates is in the custody of police; or\n- (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).","sortOrder":173},{"sectionNumber":"sec.50K","sectionType":"section","heading":"Disclosure for administering, monitoring or enforcing compliance with Act","content":"### sec.50K Disclosure for administering, monitoring or enforcing compliance with Act\n\nA designated officer may disclose confidential information if the disclosure is—\nmade for the purpose of administering, monitoring or enforcing compliance with, this Act; or\nmade for a proceeding in a court or tribunal; or\nto 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.\ns 50K ins 2008 No. 64 s 11\namd 2022 No. 1 s 117 s ch 1 pt 2\n- (a) made for the purpose of administering, monitoring or enforcing compliance with, this Act; or\n- (b) made for a proceeding in a court or tribunal; or\n- (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.","sortOrder":174},{"sectionNumber":"sec.50KA","sectionType":"section","heading":"Disclosure for funding arrangements and public health monitoring","content":"### sec.50KA Disclosure for funding arrangements and public health monitoring\n\nA designated officer may disclose confidential information if—\nthe disclosure is to another designated officer or to a designated person; and\nthe disclosure and receipt of the confidential information is—\nfor giving effect to or managing a funding arrangement for the service; or\nfor analysing, monitoring or evaluating public health; and\nthe person mentioned in paragraph (a) is authorised in writing by the chief executive to receive the confidential information.\ns 50KA ins 2022 No. 1 s 25\n- (a) the disclosure is to another designated officer or to a designated person; and\n- (b) the disclosure and receipt of the confidential information is— (i) for giving effect to or managing a funding arrangement for the service; or (ii) for analysing, monitoring or evaluating public health; and\n- (i) for giving effect to or managing a funding arrangement for the service; or\n- (ii) for analysing, monitoring or evaluating public health; and\n- (c) the person mentioned in paragraph (a) is authorised in writing by the chief executive to receive the confidential information.\n- (i) for giving effect to or managing a funding arrangement for the service; or\n- (ii) for analysing, monitoring or evaluating public health; and","sortOrder":175},{"sectionNumber":"sec.50KB","sectionType":"section","heading":"Disclosure for purposes relating to health services","content":"### sec.50KB Disclosure for purposes relating to health services\n\nA designated officer may disclose confidential information if—\nthe disclosure is for evaluating, managing, monitoring or planning a health service, including, for example, an ambulance service; and\nthe disclosure is to—\nanother designated officer; or\na designated person; or\nan entity prescribed by regulation.\nIn this section—\nhealth service see the Hospital and Health Boards Act 2011 , section 15 .\ns 50KB ins 2022 No. 1 s 25\n(sec.50KB-ssec.1) A designated officer may disclose confidential information if— the disclosure is for evaluating, managing, monitoring or planning a health service, including, for example, an ambulance service; and the disclosure is to— another designated officer; or a designated person; or an entity prescribed by regulation.\n(sec.50KB-ssec.2) In this section— health service see the Hospital and Health Boards Act 2011 , section 15 .\n- (a) the disclosure is for evaluating, managing, monitoring or planning a health service, including, for example, an ambulance service; and\n- (b) the disclosure is to— (i) another designated officer; or (ii) a designated person; or (iii) an entity prescribed by regulation.\n- (i) another designated officer; or\n- (ii) a designated person; or\n- (iii) an entity prescribed by regulation.\n- (i) another designated officer; or\n- (ii) a designated person; or\n- (iii) an entity prescribed by regulation.","sortOrder":176},{"sectionNumber":"sec.50KC","sectionType":"section","heading":"Disclosure by chief executive or the commissioner to lawyers","content":"### sec.50KC Disclosure by chief executive or the commissioner to lawyers\n\nThis section applies to a designated officer who is the chief executive or the commissioner.\nThe designated officer may disclose confidential information if—\nthe disclosure is to a lawyer in relation to a matter; and\nthe lawyer is representing the State or the service in relation to the matter.\nThe lawyer may disclose the confidential information in a proceeding, before a court or tribunal, relating to the matter.\ns 50KC ins 2022 No. 1 s 25\n(sec.50KC-ssec.1) This section applies to a designated officer who is the chief executive or the commissioner.\n(sec.50KC-ssec.2) The designated officer may disclose confidential information if— the disclosure is to a lawyer in relation to a matter; and the lawyer is representing the State or the service in relation to the matter.\n(sec.50KC-ssec.3) The lawyer may disclose the confidential information in a proceeding, before a court or tribunal, relating to the matter.\n- (a) the disclosure is to a lawyer in relation to a matter; and\n- (b) the lawyer is representing the State or the service in relation to the matter.","sortOrder":177},{"sectionNumber":"sec.50L","sectionType":"section","heading":"Disclosure to Commonwealth, another State, or Commonwealth or State entity","content":"### sec.50L Disclosure to Commonwealth, another State, or Commonwealth or State entity\n\nA designated officer may disclose confidential information to the Commonwealth or another State, or an entity of the Commonwealth or another State, if—\nthe disclosure is required or permitted under an agreement between the State and the Commonwealth, other State or entity; and\nthe agreement is prescribed by regulation for this paragraph; and\nthe chief executive considers the disclosure to be in the public interest; and\nthe chief executive states in writing that the chief executive considers the disclosure to be in the public interest.\nA designated officer may disclose confidential information to an entity of the State if—\nthe disclosure is required or permitted under an agreement between the service and the entity; and\nthe agreement is prescribed by regulation for this paragraph; and\nthe chief executive considers the disclosure to be in the public interest; and\nthe chief executive states in writing that the chief executive considers the disclosure to be in the public interest.\nThe Commonwealth, a State or an entity that receives confidential information under an agreement mentioned in subsection (1) or (2) —\nmust not disclose the information to anyone else unless allowed to do so under the agreement or in writing by the chief executive; and\nmust ensure the information is used only for the purpose for which the information was given under the agreement.\ns 50L ins 2008 No. 64 s 11\nsub 2022 No. 1 s 26\n(sec.50L-ssec.1) A designated officer may disclose confidential information to the Commonwealth or another State, or an entity of the Commonwealth or another State, if— the disclosure is required or permitted under an agreement between the State and the Commonwealth, other State or entity; and the agreement is prescribed by regulation for this paragraph; and the chief executive considers the disclosure to be in the public interest; and the chief executive states in writing that the chief executive considers the disclosure to be in the public interest.\n(sec.50L-ssec.2) A designated officer may disclose confidential information to an entity of the State if— the disclosure is required or permitted under an agreement between the service and the entity; and the agreement is prescribed by regulation for this paragraph; and the chief executive considers the disclosure to be in the public interest; and the chief executive states in writing that the chief executive considers the disclosure to be in the public interest.\n(sec.50L-ssec.3) The Commonwealth, a State or an entity that receives confidential information under an agreement mentioned in subsection (1) or (2) — must not disclose the information to anyone else unless allowed to do so under the agreement or in writing by the chief executive; and must ensure the information is used only for the purpose for which the information was given under the agreement.\n- (a) the disclosure is required or permitted under an agreement between the State and the Commonwealth, other State or entity; and\n- (b) the agreement is prescribed by regulation for this paragraph; and\n- (c) the chief executive considers the disclosure to be in the public interest; and\n- (d) the chief executive states in writing that the chief executive considers the disclosure to be in the public interest.\n- (a) the disclosure is required or permitted under an agreement between the service and the entity; and\n- (b) the agreement is prescribed by regulation for this paragraph; and\n- (c) the chief executive considers the disclosure to be in the public interest; and\n- (d) the chief executive states in writing that the chief executive considers the disclosure to be in the public interest.\n- (a) must not disclose the information to anyone else unless allowed to do so under the agreement or in writing by the chief executive; and\n- (b) must ensure the information is used only for the purpose for which the information was given under the agreement.","sortOrder":178},{"sectionNumber":"sec.50M","sectionType":"section","heading":"Disclosure to health ombudsman","content":"### sec.50M Disclosure to health ombudsman\n\nA designated officer may disclose confidential information to the health ombudsman for a purpose of the Health Ombudsman Act 2013 , including for the purpose of—\nmaking, or giving information about, a health service complaint under that Act; or\nanswering questions or otherwise giving information as part of an investigation under that Act; or\ngiving aggregated data, including data that identifies persons, about complaint management, patient safety or another matter relating to the quality of health services.\nAlso, a designated officer may disclose confidential information to the health ombudsman for the purpose of making, or giving information about, a complaint or notification under the Health Practitioner Regulation National Law (Queensland) .\ns 50M ins 2008 No. 64 s 11\nsub 2013 No. 36 s 331 sch 1\namd 2017 No. 32 s 85 ; 2022 No. 1 s 117 s ch 1 pt 2\n(sec.50M-ssec.1) A designated officer may disclose confidential information to the health ombudsman for a purpose of the Health Ombudsman Act 2013 , including for the purpose of— making, or giving information about, a health service complaint under that Act; or answering questions or otherwise giving information as part of an investigation under that Act; or giving aggregated data, including data that identifies persons, about complaint management, patient safety or another matter relating to the quality of health services.\n(sec.50M-ssec.2) Also, a designated officer may disclose confidential information to the health ombudsman for the purpose of making, or giving information about, a complaint or notification under the Health Practitioner Regulation National Law (Queensland) .\n- (a) making, or giving information about, a health service complaint under that Act; or\n- (b) answering questions or otherwise giving information as part of an investigation under that Act; or\n- (c) giving aggregated data, including data that identifies persons, about complaint management, patient safety or another matter relating to the quality of health services.","sortOrder":179},{"sectionNumber":"sec.50N","sectionType":"section","heading":"Disclosure to Australian Red Cross Society","content":"### sec.50N Disclosure to Australian Red Cross Society\n\nA designated officer may 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.\ns 50N ins 2008 No. 64 s 11\namd 2022 No. 1 s 117 s ch 1 pt 2","sortOrder":180},{"sectionNumber":"sec.50O","sectionType":"section","heading":"Disclosure to person performing function under Coroners Act 2003","content":"### sec.50O Disclosure to person performing function under Coroners Act 2003\n\nA designated officer may 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.\ns 50O ins 2008 No. 64 s 11\namd 2022 No. 1 s 117 s ch 1 pt 2","sortOrder":181},{"sectionNumber":"sec.50P","sectionType":"section","heading":"Disclosure is authorised by chief executive","content":"### sec.50P Disclosure is authorised by chief executive\n\nA designated officer may disclose confidential information if the chief executive has, in writing, authorised the disclosure.\nThe 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—\nin the public interest; or\nnecessary 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\nmade for the purpose of research which has the approval of an appropriate ethics committee.\nThe department’s annual report for a financial year under the Financial Accountability Act 2009 must include details of—\nthe nature of any confidential information disclosed under an authorisation mentioned in subsection (2)(a) during the financial year; and\nthe purpose for which the confidential information was disclosed.\nHowever, the details mentioned in subsection (3) (a) must not identify, directly or indirectly, the person to whom the confidential information relates.\nDespite section 22 and the Public Sector Act 2022 , section 282 , the chief executive—\nmay delegate the power to give an authorisation mentioned in subsection (2) (a) only to the commissioner; and\nmust not permit the subdelegation of the power.\ns 50P ins 2008 No. 64 s 11\namd 2022 No. 1 s 27 ; 2022 No. 34 s 365 sch 3\n(sec.50P-ssec.1) A designated officer may disclose confidential information if the chief executive has, in writing, authorised the disclosure.\n(sec.50P-ssec.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— in the public interest; or 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 made for the purpose of research which has the approval of an appropriate ethics committee.\n(sec.50P-ssec.3) The department’s annual report for a financial year under the Financial Accountability Act 2009 must include details of— the nature of any confidential information disclosed under an authorisation mentioned in subsection (2)(a) during the financial year; and the purpose for which the confidential information was disclosed.\n(sec.50P-ssec.4) However, the details mentioned in subsection (3) (a) must not identify, directly or indirectly, the person to whom the confidential information relates.\n(sec.50P-ssec.5) Despite section 22 and the Public Sector Act 2022 , section 282 , the chief executive— may delegate the power to give an authorisation mentioned in subsection (2) (a) only to the commissioner; and must not permit the subdelegation of the power.\n- (a) in the public interest; or\n- (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\n- (c) made for the purpose of research which has the approval of an appropriate ethics committee.\n- (a) the nature of any confidential information disclosed under an authorisation mentioned in subsection (2)(a) during the financial year; and\n- (b) the purpose for which the confidential information was disclosed.\n- (a) may delegate the power to give an authorisation mentioned in subsection (2) (a) only to the commissioner; and\n- (b) must not permit the subdelegation of the power.","sortOrder":182},{"sectionNumber":"sec.50Q","sectionType":"section","heading":"Necessary or incidental disclosure","content":"### sec.50Q Necessary or incidental disclosure\n\nA designated officer may disclose confidential information if the disclosure is necessary or incidental to a disclosure of confidential information otherwise permitted under this division.\nthe 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\nthe disclosure of confidential information to advise the chief executive about authorising the disclosure of confidential information under section 50P\naccessing contact details for a person to seek the person’s consent under section 50F to the disclosure of confidential information\npermitting contractors to access databases to write, test or analyse programs, perform database administration tasks or maintain technical aspects of computer hardware\ns 50Q ins 2008 No. 64 s 11\namd 2022 No. 1 s 28\n- • 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\n- • the disclosure of confidential information to advise the chief executive about authorising the disclosure of confidential information under section 50P\n- • accessing contact details for a person to seek the person’s consent under section 50F to the disclosure of confidential information\n- • permitting contractors to access databases to write, test or analyse programs, perform database administration tasks or maintain technical aspects of computer hardware","sortOrder":183},{"sectionNumber":"sec.50S","sectionType":"section","heading":"Disclosure to health practitioner registration board","content":"### sec.50S Disclosure to health practitioner registration board\n\nA designated officer may disclose confidential information if the disclosure is to a board established under the Health Practitioner Regulation National Law or to the National Agency for the purposes of—\nmaking, or giving information about, a complaint or notification about a person who is or was registered under the Health Practitioner Regulation National Law ; or\nanswering questions or otherwise giving information as part of an investigation or a proceeding about a person who is or was registered under the Health Practitioner Regulation National Law .\nIn this section—\nNational Agency has the meaning given by the Health Practitioner Regulation National Law .\ns 50S ins 2017 No. 32 s 86\namd 2022 No. 1 s 117 s ch 1 pt 2\n(sec.50S-ssec.1) A designated officer may disclose confidential information if the disclosure is to a board established under the Health Practitioner Regulation National Law or to the National Agency for the purposes of— making, or giving information about, a complaint or notification about a person who is or was registered under the Health Practitioner Regulation National Law ; or answering questions or otherwise giving information as part of an investigation or a proceeding about a person who is or was registered under the Health Practitioner Regulation National Law .\n(sec.50S-ssec.2) In this section— National Agency has the meaning given by the Health Practitioner Regulation National Law .\n- (a) making, or giving information about, a complaint or notification about a person who is or was registered under the Health Practitioner Regulation National Law ; or\n- (b) answering questions or otherwise giving information as part of an investigation or a proceeding about a person who is or was registered under the Health Practitioner Regulation National Law .","sortOrder":184},{"sectionNumber":"sec.50SA","sectionType":"section","heading":"Application of this division to former designated officers","content":"### sec.50SA Application of this division to former designated officers\n\nA relevant provision applies to the disclosure of confidential information by a former designated officer in the same way as the provision applies to the disclosure of confidential information by a designated officer.\nFor subsection (1) , a reference in the relevant provision to a designated officer is taken to be a reference to a former designated officer.\nIn this section—\nformer designated officer means a person who was, but is no longer, a designated officer.\nrelevant provision means section 50E , 50F , 50IA , 50J , 50M , 50O or 50Q .\ns 50SA (prev s 50R) ins 2008 No. 64 s 11\namd 2022 No. 1 s 29 (1) – (2)\nreloc and renum 2022 No. 1 s 29 (3)\n(sec.50SA-ssec.1) A relevant provision applies to the disclosure of confidential information by a former designated officer in the same way as the provision applies to the disclosure of confidential information by a designated officer.\n(sec.50SA-ssec.2) For subsection (1) , a reference in the relevant provision to a designated officer is taken to be a reference to a former designated officer.\n(sec.50SA-ssec.3) In this section— former designated officer means a person who was, but is no longer, a designated officer. relevant provision means section 50E , 50F , 50IA , 50J , 50M , 50O or 50Q .","sortOrder":185},{"sectionNumber":"pt.7-div.2","sectionType":"division","heading":"Other matters","content":"## Other matters","sortOrder":186},{"sectionNumber":"sec.51","sectionType":"section","heading":"Exemption from tolls","content":"### sec.51 Exemption from tolls\n\nA 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.\ns 51 amd 1997 No. 6 s 3 sch","sortOrder":187},{"sectionNumber":"sec.52","sectionType":"section","heading":"Interstate assistance at accidents","content":"### sec.52 Interstate assistance at accidents\n\nIn this section—\nofficer in charge means the person who, under a direction of the commissioner, is in charge at an accident.\nEvery 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.\nIf 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—\nthe control and direction of all persons assisting at the accident; and\nall the powers conferred by or under this Act on an authorised officer.\n(sec.52-ssec.1) In this section— officer in charge means the person who, under a direction of the commissioner, is in charge at an accident.\n(sec.52-ssec.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.\n(sec.52-ssec.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— the control and direction of all persons assisting at the accident; and all the powers conferred by or under this Act on an authorised officer.\n- (a) the control and direction of all persons assisting at the accident; and\n- (b) all the powers conferred by or under this Act on an authorised officer.","sortOrder":188},{"sectionNumber":"sec.53","sectionType":"section","heading":null,"content":"### Section sec.53\n\ns 53 amd 1997 No. 6 s 3 sch\nom 2001 No. 76 s 2 sch 1","sortOrder":189},{"sectionNumber":"sec.53A","sectionType":"section","heading":null,"content":"### Section sec.53A\n\ns 53A ins 1998 No. 37 s 7\namd 2003 No. 19 s 3 sch ; 2008 No. 64 s 12 ; 2014 No. 17 s 184 sch 1 pt 2\nom 2024 No. 22 s 92 sch 1","sortOrder":190},{"sectionNumber":"sec.53B","sectionType":"section","heading":"Exemption from payment for ambulance service","content":"### sec.53B Exemption from payment for ambulance service\n\nSubject to subsection (3) , the following persons are not liable to pay a charge under this Act for the use of an ambulance service—\nan individual whose principal place of residence is in Queensland;\nanother individual who is—\na dependant of a person mentioned in paragraph (a) ; or\nunder 25 and a full-time student at an educational institution in the State; or\nunder 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) .\nIn 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—\nthe 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 ;\nwhether the individual is living outside of the State.\nIf 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—\nthe Workers’ Compensation and Rehabilitation Act 2003 ;\nthe Veterans’ Entitlements Act 1986 (Cwlth) ;\nanother law of a State, a Territory or the Commonwealth.\ns 53B ins 2003 No. 34 s 163\namd 2004 No. 53 s 2 sch\n(sec.53B-ssec.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— an individual whose principal place of residence is in Queensland; another individual who is— a dependant of a person mentioned in paragraph (a) ; or under 25 and a full-time student at an educational institution in the State; or 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) .\n(sec.53B-ssec.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— 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 ; whether the individual is living outside of the State.\n(sec.53B-ssec.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— the Workers’ Compensation and Rehabilitation Act 2003 ; the Veterans’ Entitlements Act 1986 (Cwlth) ; another law of a State, a Territory or the Commonwealth.\n- (a) an individual whose principal place of residence is in Queensland;\n- (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) .\n- (i) a dependant of a person mentioned in paragraph (a) ; or\n- (ii) under 25 and a full-time student at an educational institution in the State; or\n- (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) .\n- (i) a dependant of a person mentioned in paragraph (a) ; or\n- (ii) under 25 and a full-time student at an educational institution in the State; or\n- (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) .\n- (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 ;\n- (b) whether the individual is living outside of the State.\n- (a) the Workers’ Compensation and Rehabilitation Act 2003 ;\n- (b) the Veterans’ Entitlements Act 1986 (Cwlth) ;\n- (c) another law of a State, a Territory or the Commonwealth.","sortOrder":191},{"sectionNumber":"sec.53C","sectionType":"section","heading":"Agreement about payment for ambulance service","content":"### sec.53C Agreement about payment for ambulance service\n\nThe 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—\nWorkCover Queensland established under the Workers’ Compensation and Rehabilitation Act 2003 ;\nthe Repatriation Commission continued in existence under the Veterans’ Entitlements Act 1986 (Cwlth) , section 179 ;\nthe chief executive of the department in which the Hospital and Health Boards Act 2011 is administered;\nanother entity the chief executive considers appropriate.\ns 53C ins 2003 No. 34 s 163\namd 2004 No. 53 s 2 sch ; 2005 No. 48 sch 1 ; 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47 )\n- (a) WorkCover Queensland established under the Workers’ Compensation and Rehabilitation Act 2003 ;\n- (b) the Repatriation Commission continued in existence under the Veterans’ Entitlements Act 1986 (Cwlth) , section 179 ;\n- (c) the chief executive of the department in which the Hospital and Health Boards Act 2011 is administered;\n- (d) another entity the chief executive considers appropriate.","sortOrder":192},{"sectionNumber":"sec.53D","sectionType":"section","heading":"Recovery of fees and charges","content":"### sec.53D Recovery of fees and charges\n\nA 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.\ns 53D ins 2003 No. 34 s 163","sortOrder":193},{"sectionNumber":"sec.54","sectionType":"section","heading":"Regulation-making power","content":"### sec.54 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may be made for or about—\ncharges to be made for the use of ambulance services; and\nthe entitlements of persons who use ambulance services; and\nall matters that arise in connection with the entitlements of and the conditions of employment, occupational superannuation, retrenchment or redundancy of service officers; and\nthe procedures to be followed by an RCA team in its conduct of an RCA of a reportable event.\nThe chief executive may set fees for the special use of ambulance services and vehicles not otherwise provided for under subsection (2) .\nA regulation may impose a penalty not exceeding 16 penalty units for a breach of the regulation.\nA regulation may, where a breach of it is a continuing breach, impose a daily penalty for the breach not exceeding 3 penalty units.\ns 54 amd 1995 No. 57 s 4 sch 1 ; 1997 No. 6 s 3 sch ; 2001 No. 76 s 2 sch 1 ; 2003 No. 34 s 164 ; 2007 No. 28 s 53\n(sec.54-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.54-ssec.2) A regulation may be made for or about— charges to be made for the use of ambulance services; and the entitlements of persons who use ambulance services; and all matters that arise in connection with the entitlements of and the conditions of employment, occupational superannuation, retrenchment or redundancy of service officers; and the procedures to be followed by an RCA team in its conduct of an RCA of a reportable event.\n(sec.54-ssec.4) The chief executive may set fees for the special use of ambulance services and vehicles not otherwise provided for under subsection (2) .\n(sec.54-ssec.5) A regulation may impose a penalty not exceeding 16 penalty units for a breach of the regulation.\n(sec.54-ssec.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.\n- (a) charges to be made for the use of ambulance services; and\n- (b) the entitlements of persons who use ambulance services; and\n- (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\n- (d) the procedures to be followed by an RCA team in its conduct of an RCA of a reportable event.","sortOrder":194},{"sectionNumber":"pt.8","sectionType":"part","heading":"Savings and transitional provisions","content":"# Savings and transitional provisions","sortOrder":195},{"sectionNumber":"pt.8-div.1","sectionType":"division","heading":"Provisions for Act before commencement of Emergency Services Legislation Amendment Act 1998","content":"## Provisions for Act before commencement of Emergency Services Legislation Amendment Act 1998","sortOrder":196},{"sectionNumber":"sec.54A","sectionType":"section","heading":"Definitions","content":"### sec.54A Definitions\n\nIn this division—\namendment Act means the Ambulance Service Amendment Act 1997 .\ncommencement means the commencement of the amendment Act, section 5.\ncorporation means the corporation sole under this Act as in force immediately before the commencement.\nformer service means the Queensland Ambulance Service in existence immediately before the commencement.\ntransferred officer means a person taken to be employed as an ambulance, medical or administrative officer of the service under section 61, 62 or 63.\ns 54A ins 1997 No. 6 s 15\namd 1998 No. 37 s 2 sch","sortOrder":197},{"sectionNumber":"sec.55","sectionType":"section","heading":"Superannuation entitlements","content":"### sec.55 Superannuation entitlements\n\nThe Queensland Ambulance Service Superannuation Scheme is continued in existence.\nA person who, under section 8.2 becomes an employee of the Queensland Ambulance Service—\nretains 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\nis entitled to payments and other benefits from it in respect of that person.\nA person who becomes an employee of the Queensland Ambulance Service is to continue to contribute to the scheme referred to in subsection (1).\nThe trustees may amend the scheme.\nHowever, 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.\ns 55 amd 1994 No. 87 s 3 sch 1 ; 1995 No. 36 s 9 sch 2\n(sec.55-ssec.1) The Queensland Ambulance Service Superannuation Scheme is continued in existence.\n(sec.55-ssec.2) A person who, under section 8.2 becomes an employee of the Queensland Ambulance Service— 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 is entitled to payments and other benefits from it in respect of that person.\n(sec.55-ssec.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).\n(sec.55-ssec.4) The trustees may amend the scheme.\n(sec.55-ssec.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.\n- (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\n- (b) is entitled to payments and other benefits from it in respect of that person.","sortOrder":198},{"sectionNumber":"sec.56","sectionType":"section","heading":"References to the board and previous committees","content":"### sec.56 References to the board and previous committees\n\nA 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.\nIn subsection (1)—\nboard means the Queensland Ambulance Services Board constituted under the Ambulance Services Act 1967 , section 6.\nprevious committee means a committee constituted under the Ambulance Services Act 1967 , section 19.\ns 56 amd 1997 No. 6 s 16\n(sec.56-ssec.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.\n(sec.56-ssec.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.","sortOrder":199},{"sectionNumber":"sec.8.1","sectionType":"section","heading":null,"content":"### Section sec.8.1\n\ns 8.1 om 1991 No. 97 s 3 sch 2","sortOrder":200},{"sectionNumber":"sec.8.2","sectionType":"section","heading":null,"content":"### Section sec.8.2\n\ns 8.2 om 1995 No. 57 s 4 sch 1","sortOrder":201},{"sectionNumber":"sec.8.3","sectionType":"section","heading":null,"content":"### Section sec.8.3\n\ns 8.3 om 1991 No. 97 s 3 sch 2","sortOrder":202},{"sectionNumber":"sec.8.4","sectionType":"section","heading":null,"content":"### Section sec.8.4\n\ns 8.4 om 1991 No. 97 s 3 sch 2","sortOrder":203},{"sectionNumber":"sec.8.6","sectionType":"section","heading":null,"content":"### Section sec.8.6\n\ns 8.6 om 1991 No. 97 s 3 sch 2","sortOrder":204},{"sectionNumber":"sec.8.7","sectionType":"section","heading":null,"content":"### Section sec.8.7\n\ns 8.7 om 1991 No. 97 s 3 sch 2","sortOrder":205},{"sectionNumber":"sec.57","sectionType":"section","heading":"References to Ambulance Services Act 1967","content":"### sec.57 References to Ambulance Services Act 1967\n\nIn an Act or document, a reference to the Ambulance Services Act 1967 is taken to be a reference to this Act.\ns 57 ins 1994 No. 15 s 3 sch 2","sortOrder":206},{"sectionNumber":"sec.8.9","sectionType":"section","heading":null,"content":"### Section sec.8.9\n\ns 8.9 orig s 8.9 om 1991 No. 97 s 3 sch 2\nprev s 8.9 ins 1995 No. 57 s 4 sch 1\nom 28 November 1995 RA s 37","sortOrder":207},{"sectionNumber":"sec.8.10","sectionType":"section","heading":null,"content":"### Section sec.8.10\n\ns 8.10 om 1995 No. 57 s 4 sch 1","sortOrder":208},{"sectionNumber":"sec.8.11","sectionType":"section","heading":null,"content":"### Section sec.8.11\n\ns 8.11 om 1995 No. 57 s 4 sch 1","sortOrder":209},{"sectionNumber":"sec.8.12","sectionType":"section","heading":null,"content":"### Section sec.8.12\n\ns 8.12 om 1991 No. 97 s 3 sch 2","sortOrder":210},{"sectionNumber":"sec.58","sectionType":"section","heading":"References to corporation and former service","content":"### sec.58 References to corporation and former service\n\nA reference in an Act or document in existence immediately before the commencement to the corporation or former service is a reference to the service.\ns 58 ins 1997 No. 6 s 17","sortOrder":211},{"sectionNumber":"sec.59","sectionType":"section","heading":"Vesting of assets","content":"### sec.59 Vesting of assets\n\nOn the commencement, the assets, rights and liabilities of the corporation or former service vest in the service.\ns 59 ins 1997 No. 6 s 17","sortOrder":212},{"sectionNumber":"sec.60","sectionType":"section","heading":"Legal proceedings","content":"### sec.60 Legal proceedings\n\nA 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.\ns 60 ins 1997 No. 6 s 17","sortOrder":213},{"sectionNumber":"sec.61","sectionType":"section","heading":"Ambulance officers","content":"### sec.61 Ambulance officers\n\nA 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.\nSubsection (1) does not apply to a person holding office as an honorary ambulance officer.\ns 61 ins 1997 No. 6 s 17\n(sec.61-ssec.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.\n(sec.61-ssec.2) Subsection (1) does not apply to a person holding office as an honorary ambulance officer.","sortOrder":214},{"sectionNumber":"sec.62","sectionType":"section","heading":"Medical officers","content":"### sec.62 Medical officers\n\nA 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.\ns 62 ins 1997 No. 6 s 17","sortOrder":215},{"sectionNumber":"sec.63","sectionType":"section","heading":"Administrative and service officers","content":"### sec.63 Administrative and service officers\n\nA 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.\ns 63 ins 1997 No. 6 s 17","sortOrder":216},{"sectionNumber":"sec.64","sectionType":"section","heading":"Conditions of employment of transferred officers","content":"### sec.64 Conditions of employment of transferred officers\n\nThe 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.\nA transferred officer remains entitled to all rights accrued or accruing to the officer as an employee of the former service.\nWithout 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.\nThe 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.\nIn subsection (4)—\nrecognised 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.\ns 64 ins 1997 No. 6 s 17\n(sec.64-ssec.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.\n(sec.64-ssec.2) A transferred officer remains entitled to all rights accrued or accruing to the officer as an employee of the former service.\n(sec.64-ssec.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.\n(sec.64-ssec.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.\n(sec.64-ssec.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.","sortOrder":217},{"sectionNumber":"sec.65","sectionType":"section","heading":"Honorary ambulance officers","content":"### sec.65 Honorary ambulance officers\n\nA 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.\ns 65 ins 1997 No. 6 s 17","sortOrder":218},{"sectionNumber":"sec.66","sectionType":"section","heading":"Trusts","content":"### sec.66 Trusts\n\nOn 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.\ns 66 ins 1997 No. 6 s 17","sortOrder":219},{"sectionNumber":"sec.67","sectionType":"section","heading":"Duty to assist transfer of property","content":"### sec.67 Duty to assist transfer of property\n\nThe 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.\nA request under this section is not liable to fees or stamp duty.\ns 67 ins 1997 No. 6 s 17\namd 1998 No. 37 s 2 sch\n(sec.67-ssec.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.\n(sec.67-ssec.2) A request under this section is not liable to fees or stamp duty.","sortOrder":220},{"sectionNumber":"pt.8-div.2","sectionType":"division","heading":"Provision for Emergency Services Legislation Amendment Act 1998","content":"## Provision for Emergency Services Legislation Amendment Act 1998","sortOrder":221},{"sectionNumber":"sec.68","sectionType":"section","heading":"Board members go out of office","content":"### sec.68 Board members go out of office\n\nOn the commencement of this section the members of the board go out of office.\nIn this section—\nboard means the service’s board under this Act as in force immediately before the commencement of the Emergency Services Legislation Amendment Act 1998 .\ns 68 prev s 68 ins 1997 No. 6 s 17\nexp 13 July 1998 (see s 68(2))\npres s 68 ins 1998 No. 37 s 8\n(sec.68-ssec.1) On the commencement of this section the members of the board go out of office.\n(sec.68-ssec.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 .","sortOrder":222},{"sectionNumber":"pt.8-div.3","sectionType":"division","heading":"Provisions for Emergency Services Legislation Amendment Act 2001","content":"## Provisions for Emergency Services Legislation Amendment Act 2001","sortOrder":223},{"sectionNumber":"sec.69","sectionType":"section","heading":"Definitions for div 3","content":"### sec.69 Definitions for div 3\n\nIn this division—\nAct after amendment means the Ambulance Service Act 1991 as in force immediately after the commencement.\nAct before amendment means the Ambulance Service Act 1991 as in force immediately before the commencement.\namendment Act means the Emergency Services Legislation Amendment Act 2001 .\ncommencement means the commencement of the amendment Act.\nformer service means the Queensland Ambulance Service in existence immediately before the commencement.\ntransferred officer means a person taken to be employed as a service officer under section 76.\ns 69 ins 2001 No. 76 s 10","sortOrder":224},{"sectionNumber":"sec.70","sectionType":"section","heading":"Former service dissolved","content":"### sec.70 Former service dissolved\n\nThe corporate entity that is the former service is dissolved.\ns 70 ins 2001 No. 76 s 10","sortOrder":225},{"sectionNumber":"sec.71","sectionType":"section","heading":"Superannuation entitlements","content":"### sec.71 Superannuation entitlements\n\nThe amendment Act does not—\naffect the continuation of a transferred officer as an employed member for the purposes of the Superannuation (State Public Sector) Deed 1990 ; or\notherwise affect any superannuation of a transferred officer.\ns 71 ins 2001 No. 76 s 10\n- (a) affect the continuation of a transferred officer as an employed member for the purposes of the Superannuation (State Public Sector) Deed 1990 ; or\n- (b) otherwise affect any superannuation of a transferred officer.","sortOrder":226},{"sectionNumber":"sec.72","sectionType":"section","heading":"References to former service","content":"### sec.72 References to former service\n\nA 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.\ns 72 ins 2001 No. 76 s 10","sortOrder":227},{"sectionNumber":"sec.73","sectionType":"section","heading":"Vesting of assets","content":"### sec.73 Vesting of assets\n\nOn the commencement, the assets, rights and liabilities of the former service vest in the State.\ns 73 ins 2001 No. 76 s 10","sortOrder":228},{"sectionNumber":"sec.74","sectionType":"section","heading":"Legal or disciplinary proceedings","content":"### sec.74 Legal or disciplinary proceedings\n\nA 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.\nA 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.\ns 74 ins 2001 No. 76 s 10\n(sec.74-ssec.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.\n(sec.74-ssec.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.","sortOrder":229},{"sectionNumber":"sec.75","sectionType":"section","heading":"Suspension","content":"### sec.75 Suspension\n\nThe suspension of a service officer in force immediately before the commencement is taken, from the commencement, to continue in force under this Act.\ns 75 ins 2001 No. 76 s 10","sortOrder":230},{"sectionNumber":"sec.76","sectionType":"section","heading":"Service officers","content":"### sec.76 Service officers\n\nA 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.\ns 76 ins 2001 No. 76 s 10","sortOrder":231},{"sectionNumber":"sec.77","sectionType":"section","heading":"Conditions of employment of transferred officers","content":"### sec.77 Conditions of employment of transferred officers\n\nThe 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.\nA transferred officer remains entitled to all rights accrued or accruing to the officer as an employee of the former service.\nWithout 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.\nSubsection (1) does not limit section 13.\ns 77 ins 2001 No. 76 s 10\n(sec.77-ssec.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.\n(sec.77-ssec.2) A transferred officer remains entitled to all rights accrued or accruing to the officer as an employee of the former service.\n(sec.77-ssec.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.\n(sec.77-ssec.4) Subsection (1) does not limit section 13.","sortOrder":232},{"sectionNumber":"sec.78","sectionType":"section","heading":"Honorary ambulance officers","content":"### sec.78 Honorary ambulance officers\n\nA 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.\ns 78 ins 2001 No. 76 s 10","sortOrder":233},{"sectionNumber":"sec.79","sectionType":"section","heading":"Trusts","content":"### sec.79 Trusts\n\nAny 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.\ns 79 ins 2001 No. 76 s 10","sortOrder":234},{"sectionNumber":"sec.80","sectionType":"section","heading":"Duty to help transfer of property","content":"### sec.80 Duty to help transfer of property\n\nThe 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.\nA request under this section is not liable to fees or stamp duty.\ns 80 ins 2001 No. 76 s 10\n(sec.80-ssec.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.\n(sec.80-ssec.2) A request under this section is not liable to fees or stamp duty.","sortOrder":235},{"sectionNumber":"sec.81","sectionType":"section","heading":"Things taken to have been done etc. by commissioner","content":"### sec.81 Things taken to have been done etc. by commissioner\n\nAnything 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.\nIf the action mentioned in subsection (1) involves a period of time, the subsection must not be taken to extend or otherwise affect the period.\nIn this section—\ncommissioner’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.\ns 81 ins 2001 No. 76 s 10\n(sec.81-ssec.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.\n(sec.81-ssec.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.\n(sec.81-ssec.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.","sortOrder":236},{"sectionNumber":"sec.82","sectionType":"section","heading":"Things taken to have been done etc. by chief executive","content":"### sec.82 Things taken to have been done etc. by chief executive\n\nAnything 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.\nIf the action mentioned in subsection (1) involves a period of time, the subsection must not be taken to extend or otherwise affect the period.\nIn this section—\nchief 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.\ns 82 ins 2001 No. 76 s 10\n(sec.82-ssec.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.\n(sec.82-ssec.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.\n(sec.82-ssec.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.","sortOrder":237},{"sectionNumber":"sec.83","sectionType":"section","heading":"Other things taken to have been done etc. by chief executive","content":"### sec.83 Other things taken to have been done etc. by chief executive\n\nAnything 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.\nIf the action mentioned in subsection (1) involves a period of time, the subsection must not be taken to extend or otherwise affect the period.\nIn this section—\nchief 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.\ns 83 ins 2001 No. 76 s 10\n(sec.83-ssec.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.\n(sec.83-ssec.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.\n(sec.83-ssec.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.","sortOrder":238},{"sectionNumber":"sec.84","sectionType":"section","heading":"Other things taken to have been done etc. by the State","content":"### sec.84 Other things taken to have been done etc. by the State\n\nAnything 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.\nIf the action mentioned in subsection (1) involves a period of time, the subsection must not be taken to extend or otherwise affect the period.\nIn this section—\nState’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.\ns 84 ins 2001 No. 76 s 10\n(sec.84-ssec.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.\n(sec.84-ssec.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.\n(sec.84-ssec.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.","sortOrder":239},{"sectionNumber":"sec.85","sectionType":"section","heading":"Closure of Ambulance Service Fund","content":"### sec.85 Closure of Ambulance Service Fund\n\nOn the commencement—\nthe Ambulance Service Fund is closed; and\nthe 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.\nAn 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.\nIn this section—\nAmbulance 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.\nnew fund means the Queensland Ambulance Service Fund established under section 19.\ns 85 ins 2001 No. 76 s 10\n(sec.85-ssec.1) On the commencement— the Ambulance Service Fund is closed; and 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.\n(sec.85-ssec.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.\n(sec.85-ssec.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.\n- (a) the Ambulance Service Fund is closed; and\n- (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.","sortOrder":240},{"sectionNumber":"sec.86","sectionType":"section","heading":null,"content":"### Section sec.86\n\ns 86 ins 2001 No. 76 s 10\nexp 13 November 2002 (see s 86(3))","sortOrder":241},{"sectionNumber":"pt.8-div.4","sectionType":"division","heading":"Provisions for Emergency Services Legislation Amendment Act 2002","content":"## Provisions for Emergency Services Legislation Amendment Act 2002","sortOrder":242},{"sectionNumber":"sec.87","sectionType":"section","heading":"Definitions for div 4","content":"### sec.87 Definitions for div 4\n\nIn this division—\napproval day means the day the Minister approves, under section 31A(1), the constitution for the conduct of a committee’s business.\nformer constitution , of a committee, means the committee’s constitution immediately before the approval day.\ns 87 ins 2002 No. 60 s 10","sortOrder":243},{"sectionNumber":"sec.88","sectionType":"section","heading":"Former constitution ceases to apply","content":"### sec.88 Former constitution ceases to apply\n\nOn the approval day, a committee’s former constitution ceases to apply to the committee.\ns 88 ins 2002 No. 60 s 10","sortOrder":244},{"sectionNumber":"sec.89","sectionType":"section","heading":"Committee members continue in office","content":"### sec.89 Committee members continue in office\n\nThis section applies to a person who, immediately before the approval day, is a member of a committee.\nSubject to section 29(2), (2A) and (9) and section 35, the person continues as a member of the committee, unless the person earlier resigns—\nfor the period the person would have been a member under the committee’s former constitution; or\nuntil the end of any longer period specified under section 29(6).\ns 89 ins 2002 No. 60 s 10\n(sec.89-ssec.1) This section applies to a person who, immediately before the approval day, is a member of a committee.\n(sec.89-ssec.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— for the period the person would have been a member under the committee’s former constitution; or until the end of any longer period specified under section 29(6).\n- (a) for the period the person would have been a member under the committee’s former constitution; or\n- (b) until the end of any longer period specified under section 29(6).","sortOrder":245},{"sectionNumber":"sec.90","sectionType":"section","heading":"Office holders continue to hold office","content":"### sec.90 Office holders continue to hold office\n\nThis 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.\nSubject to section 29(2), (2A) and (9) and section 35, the person continues to hold the office, unless the person earlier resigns—\nfor the period the person would have been a member of the committee under the committee’s former constitution; or\nuntil the end of any longer period specified under section 29(6).\ns 90 ins 2002 No. 60 s 10\n(sec.90-ssec.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.\n(sec.90-ssec.2) Subject to section 29(2), (2A) and (9) and section 35, the person continues to hold the office, unless the person earlier resigns— for the period the person would have been a member of the committee under the committee’s former constitution; or until the end of any longer period specified under section 29(6).\n- (a) for the period the person would have been a member of the committee under the committee’s former constitution; or\n- (b) until the end of any longer period specified under section 29(6).","sortOrder":246},{"sectionNumber":"sec.91","sectionType":"section","heading":"Minister must notify approval day","content":"### sec.91 Minister must notify approval day\n\nThe Minister must notify the approval day by a gazette notice.\ns 91 ins 2002 No. 60 s 10","sortOrder":247},{"sectionNumber":"pt.8-div.5","sectionType":"division","heading":"Provisions for Community Ambulance Cover Act 2003","content":"## Provisions for Community Ambulance Cover Act 2003","sortOrder":248},{"sectionNumber":"sec.92","sectionType":"section","heading":"Definitions for div 5","content":"### sec.92 Definitions for div 5\n\nIn this division—\ncommencement means the commencement of this section.\nformer subscriber means a person who, immediately before the commencement, is a subscriber under the pre-amended Act.\npre-amended Act means this Act as in force before the commencement.\ns 92 ins 2003 No. 34 s 165","sortOrder":249},{"sectionNumber":"sec.93","sectionType":"section","heading":"Former subscriber’s entitlement ends","content":"### sec.93 Former subscriber’s entitlement ends\n\nOn the commencement, a former subscriber’s entitlement to ambulance services under the pre-amended Act ends.\ns 93 ins 2003 No. 34 s 165","sortOrder":250},{"sectionNumber":"sec.94","sectionType":"section","heading":"Charge not payable for particular ambulance service","content":"### sec.94 Charge not payable for particular ambulance service\n\nThis 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.\nThe person is not liable to pay a charge under this Act for the use of the ambulance service.\ns 94 ins 2003 No. 34 s 165\n(sec.94-ssec.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.\n(sec.94-ssec.2) The person is not liable to pay a charge under this Act for the use of the ambulance service.","sortOrder":251},{"sectionNumber":"sec.95","sectionType":"section","heading":"Continuation of written authority","content":"### sec.95 Continuation of written authority\n\nThis 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.\nAfter the commencement, the written authority is taken to be a written authority of the Minister under section 48(1)(a), (c) or (e).\ns 95 ins 2003 No. 34 s 165\n(sec.95-ssec.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.\n(sec.95-ssec.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).","sortOrder":252},{"sectionNumber":"pt.8-div.6","sectionType":"division","heading":"Provisions for Integrity Reform (Miscellaneous Provisions) Amendment Act 2010","content":"## Provisions for Integrity Reform (Miscellaneous Provisions) Amendment Act 2010","sortOrder":253},{"sectionNumber":"sec.96","sectionType":"section","heading":"Definition for div 6","content":"### sec.96 Definition for div 6\n\nIn this division—\ncommencement means the commencement of this section.\ns 96 ins 2010 No. 37 s 9","sortOrder":254},{"sectionNumber":"sec.97","sectionType":"section","heading":"Disciplinary action for acts or omissions happening before commencement","content":"### sec.97 Disciplinary action for acts or omissions happening before commencement\n\nPart 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.\nIf, at the commencement, the chief executive or commissioner has started disciplinary action against a service officer under a relevant disciplinary provision—\nthe chief executive may continue to take disciplinary action against the person under part 2, division 4, subdivision 1; and\nfor 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.\nIn this section—\nrelevant disciplinary provision means a disciplinary provision of a code of practice.\ns 97 ins 2010 No. 37 s 9\n(sec.97-ssec.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.\n(sec.97-ssec.2) If, at the commencement, the chief executive or commissioner has started disciplinary action against a service officer under a relevant disciplinary provision— the chief executive may continue to take disciplinary action against the person under part 2, division 4, subdivision 1; and 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.\n(sec.97-ssec.3) In this section— relevant disciplinary provision means a disciplinary provision of a code of practice.\n- (a) the chief executive may continue to take disciplinary action against the person under part 2, division 4, subdivision 1; and\n- (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.","sortOrder":255},{"sectionNumber":"sec.98","sectionType":"section","heading":"Disciplinary action against former public service employee or fire service officer","content":"### sec.98 Disciplinary action against former public service employee or fire service officer\n\nPart 2, division 4, subdivision 2 only applies to a service officer who commenced employment under section 13 after the commencement.\ns 98 ins 2010 No. 37 s 9","sortOrder":256},{"sectionNumber":"sec.99","sectionType":"section","heading":"Disciplinary action against former service officer","content":"### sec.99 Disciplinary action against former service officer\n\nPart 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.\ns 99 ins 2010 No. 37 s 9","sortOrder":257},{"sectionNumber":"pt.8-div.7","sectionType":"division","heading":"Transitional provision for Health and Other Legislation Amendment Act 2014","content":"## Transitional provision for Health and Other Legislation Amendment Act 2014","sortOrder":258},{"sectionNumber":"sec.100","sectionType":"section","heading":"Transitional provision for chain of event documents","content":"### sec.100 Transitional provision for chain of event documents\n\nThis 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.\nPart 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.\nIn this section—\nchain of events document see section 36G(2) as in force from time to time before the commencement.\ns 100 ins 2014 No. 65 s 14\n(sec.100-ssec.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.\n(sec.100-ssec.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.\n(sec.100-ssec.3) In this section— chain of events document see section 36G(2) as in force from time to time before the commencement.","sortOrder":259},{"sectionNumber":"pt.8-div.8","sectionType":"division","heading":"Transitional provisions for Crime and Corruption and Other Legislation Amendment Act 2018","content":"## Transitional provisions for Crime and Corruption and Other Legislation Amendment Act 2018","sortOrder":260},{"sectionNumber":"sec.101","sectionType":"section","heading":"Disciplinary action against a service officer who was a relevant commission officer","content":"### sec.101 Disciplinary action against a service officer who was a relevant commission officer\n\nThis section applies to a person who is a service officer and was a relevant commission officer.\nThe person may be disciplined under part 2, division 4, subdivision 2 in relation to a relevant disciplinary ground arising when the person was a relevant commission officer only if the ground arose after the commencement.\nHowever, if the relevant disciplinary ground arising after the commencement relates to conduct that is a part of a course of conduct that also includes conduct giving rise to a relevant disciplinary ground arising before the commencement, the person may be disciplined under part 2, division 4, subdivision 2 in relation to all of the grounds as if they all arose after the commencement.\nSubsection (3) does not apply in relation to a relevant disciplinary ground arising before the commencement if disciplinary action has been, or is being, taken in relation to the ground under this Act or a relevant disciplinary law for the person within the meaning of section 18AB(3).\nIn this section—\nrelevant commission officer see the Crime and Corruption Act 2001 , section 273A.\ns 101 ins 2018 No. 29 s 59\n(sec.101-ssec.1) This section applies to a person who is a service officer and was a relevant commission officer.\n(sec.101-ssec.2) The person may be disciplined under part 2, division 4, subdivision 2 in relation to a relevant disciplinary ground arising when the person was a relevant commission officer only if the ground arose after the commencement.\n(sec.101-ssec.3) However, if the relevant disciplinary ground arising after the commencement relates to conduct that is a part of a course of conduct that also includes conduct giving rise to a relevant disciplinary ground arising before the commencement, the person may be disciplined under part 2, division 4, subdivision 2 in relation to all of the grounds as if they all arose after the commencement.\n(sec.101-ssec.4) Subsection (3) does not apply in relation to a relevant disciplinary ground arising before the commencement if disciplinary action has been, or is being, taken in relation to the ground under this Act or a relevant disciplinary law for the person within the meaning of section 18AB(3).\n(sec.101-ssec.5) In this section— relevant commission officer see the Crime and Corruption Act 2001 , section 273A.","sortOrder":261},{"sectionNumber":"sec.102","sectionType":"section","heading":"Sharing disciplinary information","content":"### sec.102 Sharing disciplinary information\n\nSections 18J and 18K apply in relation to a request for information made by or to the chief executive officer under the Crime and Corruption Act 2001 only if the request is made after the commencement.\ns 102 ins 2018 No. 29 s 59","sortOrder":262},{"sectionNumber":"pt.8-div.9","sectionType":"division","heading":"Transitional provisions for Health and Other Legislation Amendment Act 2022","content":"## Transitional provisions for Health and Other Legislation Amendment Act 2022","sortOrder":263},{"sectionNumber":"sec.103","sectionType":"section","heading":"Definition for division","content":"### sec.103 Definition for division\n\nIn this division—\nnew , for a provision of this Act, means the provision as in force on the commencement.\ns 103 ins 2022 No. 1 s 30","sortOrder":264},{"sectionNumber":"sec.104","sectionType":"section","heading":"Application of new pt 7, div 1","content":"### sec.104 Application of new pt 7, div 1\n\nSubject to section 105, new part 7, division 1 applies in relation to confidential information whether the information came into existence before or after the commencement.\ns 104 ins 2022 No. 1 s 30","sortOrder":265},{"sectionNumber":"sec.105","sectionType":"section","heading":"Application of s 50L to agreements in force immediately before commencement","content":"### sec.105 Application of s 50L to agreements in force immediately before commencement\n\nThis section applies in relation to an agreement mentioned in former section 50L that was in effect immediately before the commencement.\nNew section 50L does not apply in relation to the agreement.\nDespite its repeal, former section 50L continues to apply in relation to the agreement.\nIn this section—\nformer section 50L means section 50L as in force immediately before the commencement.\ns 105 ins 2022 No. 1 s 30\n(sec.105-ssec.1) This section applies in relation to an agreement mentioned in former section 50L that was in effect immediately before the commencement.\n(sec.105-ssec.2) New section 50L does not apply in relation to the agreement.\n(sec.105-ssec.3) Despite its repeal, former section 50L continues to apply in relation to the agreement.\n(sec.105-ssec.4) In this section— former section 50L means section 50L as in force immediately before the commencement.","sortOrder":266},{"sectionNumber":"pt.8-div.10","sectionType":"division","heading":"Transitional provisions for Public Sector Act 2022","content":"## Transitional provisions for Public Sector Act 2022","sortOrder":267},{"sectionNumber":"sec.106","sectionType":"section","heading":"Definition for part","content":"### sec.106 Definition for part\n\nIn this part—\nformer , for a provision of this Act, means the provision as in force immediately before the commencement.\ns 106 ins 2022 No. 34 s 335","sortOrder":268},{"sectionNumber":"sec.107","sectionType":"section","heading":"Words have meanings given by former provision","content":"### sec.107 Words have meanings given by former provision\n\nWords defined under a former provision of this Act immediately before its repeal and used in this division have the same meanings as they had under the former provision.\ns 107 ins 2022 No. 34 s 335","sortOrder":269},{"sectionNumber":"sec.108","sectionType":"section","heading":"Existing requirement to disclose previous history of serious disciplinary action","content":"### sec.108 Existing requirement to disclose previous history of serious disciplinary action\n\nThis section applies if, before the commencement—\nthe chief executive proposed to appoint or second a person; and\nthe chief executive required the person, under former section 13A , to disclose to the chief executive particulars of any serious disciplinary action taken against the person; and\nthe chief executive had not decided whether to appoint or second the person.\nFrom the commencement—\nformer section 13A , as in force immediately before the commencement, continues to apply in relation to the requirement despite the repeal of that section by the Public Sector Act 2022 ; and\nthe chief executive may use the information disclosed under the requirement in making an assessment about the person’s suitability for the appointment or secondment.\ns 108 ins 2022 No. 34 s 335\n(sec.108-ssec.1) This section applies if, before the commencement— the chief executive proposed to appoint or second a person; and the chief executive required the person, under former section 13A , to disclose to the chief executive particulars of any serious disciplinary action taken against the person; and the chief executive had not decided whether to appoint or second the person.\n(sec.108-ssec.2) From the commencement— former section 13A , as in force immediately before the commencement, continues to apply in relation to the requirement despite the repeal of that section by the Public Sector Act 2022 ; and the chief executive may use the information disclosed under the requirement in making an assessment about the person’s suitability for the appointment or secondment.\n- (a) the chief executive proposed to appoint or second a person; and\n- (b) the chief executive required the person, under former section 13A , to disclose to the chief executive particulars of any serious disciplinary action taken against the person; and\n- (c) the chief executive had not decided whether to appoint or second the person.\n- (a) former section 13A , as in force immediately before the commencement, continues to apply in relation to the requirement despite the repeal of that section by the Public Sector Act 2022 ; and\n- (b) the chief executive may use the information disclosed under the requirement in making an assessment about the person’s suitability for the appointment or secondment.","sortOrder":270},{"sectionNumber":"sec.109","sectionType":"section","heading":"Existing disciplinary action","content":"### sec.109 Existing disciplinary action\n\nThis section applies if—\nbefore the commencement, the chief executive started to take disciplinary action against a service officer or former service officer under former part 2, division 4; and\nimmediately before the commencement, the disciplinary action had not been completed.\nFrom the commencement, the disciplinary action continues under the Public Sector Act 2022 .\ns 109 ins 2022 No. 34 s 335\n(sec.109-ssec.1) This section applies if— before the commencement, the chief executive started to take disciplinary action against a service officer or former service officer under former part 2, division 4; and immediately before the commencement, the disciplinary action had not been completed.\n(sec.109-ssec.2) From the commencement, the disciplinary action continues under the Public Sector Act 2022 .\n- (a) before the commencement, the chief executive started to take disciplinary action against a service officer or former service officer under former part 2, division 4; and\n- (b) immediately before the commencement, the disciplinary action had not been completed.","sortOrder":271},{"sectionNumber":"sec.110","sectionType":"section","heading":"Existing disciplinary finding","content":"### sec.110 Existing disciplinary finding\n\nThis section applies if—\nbefore the commencement, the chief executive made a disciplinary finding against a service officer or former service officer under former part 2, division 4; and\nimmediately before the commencement, any disciplinary action in relation to the disciplinary finding had not been completed.\nFrom the commencement, the disciplinary finding is taken to be a disciplinary finding under the Public Sector Act 2022 .\ns 110 ins 2022 No. 34 s 335\n(sec.110-ssec.1) This section applies if— before the commencement, the chief executive made a disciplinary finding against a service officer or former service officer under former part 2, division 4; and immediately before the commencement, any disciplinary action in relation to the disciplinary finding had not been completed.\n(sec.110-ssec.2) From the commencement, the disciplinary finding is taken to be a disciplinary finding under the Public Sector Act 2022 .\n- (a) before the commencement, the chief executive made a disciplinary finding against a service officer or former service officer under former part 2, division 4; and\n- (b) immediately before the commencement, any disciplinary action in relation to the disciplinary finding had not been completed.","sortOrder":272},{"sectionNumber":"sec.111","sectionType":"section","heading":"Disciplinary ground arising before commencement","content":"### sec.111 Disciplinary ground arising before commencement\n\nThe Public Sector Act 2022 , chapter 3 , part 8 , division 3 applies in relation to a disciplinary ground whether the disciplinary ground arises before or after the commencement.\ns 111 ins 2022 No. 34 s 335","sortOrder":273},{"sectionNumber":"sec.112","sectionType":"section","heading":"Disciplinary information obtained before commencement","content":"### sec.112 Disciplinary information obtained before commencement\n\nThis section applies if, before the commencement, the chief executive obtained disciplinary information about a person under former part 2, division 4.\nFrom the commencement, the disciplinary information is taken to be information obtained under the Public Sector Act 2022 , section 97 .\ns 112 ins 2022 No. 34 s 335\n(sec.112-ssec.1) This section applies if, before the commencement, the chief executive obtained disciplinary information about a person under former part 2, division 4.\n(sec.112-ssec.2) From the commencement, the disciplinary information is taken to be information obtained under the Public Sector Act 2022 , section 97 .","sortOrder":274},{"sectionNumber":"sec.113","sectionType":"section","heading":"Existing suspensions","content":"### sec.113 Existing suspensions\n\nThis section applies to a service officer who, immediately before the commencement, was subject to a suspension imposed under former part 2, division 4.\nFrom the commencement, the suspension continues under the Public Sector Act 2022 on the same terms that applied to the service officer immediately before the commencement.\ns 113 ins 2022 No. 34 s 335\n(sec.113-ssec.1) This section applies to a service officer who, immediately before the commencement, was subject to a suspension imposed under former part 2, division 4.\n(sec.113-ssec.2) From the commencement, the suspension continues under the Public Sector Act 2022 on the same terms that applied to the service officer immediately before the commencement.","sortOrder":275},{"sectionNumber":"sec.114","sectionType":"section","heading":"Reason for suspension arising before commencement","content":"### sec.114 Reason for suspension arising before commencement\n\nA suspension may be imposed on a service officer under the Public Sector Act 2022 after the commencement whether the reason for the suspension arises before or after the commencement.\ns 114 ins 2022 No. 34 s 335","sortOrder":276}],"analysis":{"issue_detection":{"absurdities":[{"type":"other","section":"sec.6(1)(b) and sec.6(1)(d)","severity":"low","reasoning":"If s.6(1)(b) is meant to capture incapacity beyond what s.5 prescribes (e.g. mental or physical incapacity), then the drafting is merely imprecise. However, as written, the two provisions appear to overlap substantially, creating interpretive uncertainty about whether they are meant to be distinct grounds or whether s.6(1)(b) is redundant.","confidence":0.65,"description":"Section 6(1) lists two separate grounds for vacation of office that are substantively identical: becoming 'incapable of continuing as the commissioner' (s.6(1)(b)) and 'under section 5, ceases to be capable of continuing to be the commissioner' (s.6(1)(d)). Section 5 defines disqualifying grounds such as bankruptcy and conviction of indictable offences, which are precisely circumstances rendering a person 'incapable of continuing'. The duplication creates redundancy and ambiguity about whether s.6(1)(b) is broader than s.6(1)(d) or whether they are coextensive."},{"type":"self_contradicting","section":"sec.29(1) and sec.29(2)(a)","severity":"medium","reasoning":"The voting franchise in s.29(1) is deliberately extended to workers who do not reside in the area, but the eligibility to stand for election in s.29(2)(a) is limited to residents only. This creates a class of persons (workers who do not reside) who can participate in elections but are categorically barred from standing. While this may be a deliberate policy choice, the Act provides no rationale and the structure creates an anomalous and arguably unfair asymmetry. More significantly, it means the electorate and the candidate pool are defined by different criteria within the same section.","confidence":0.75,"description":"Section 29(1) allows adults who permanently reside OR work in the area to elect committee members. Section 29(2)(a) disqualifies from being elected (or continuing as) a member any person who does not permanently reside in the area — making no exception for those who merely work there. A person who works but does not reside in the area can vote to elect members but cannot themselves be elected, which is an internal inconsistency in the eligibility framework."},{"type":"self_contradicting","section":"sec.36B(1) and sec.36B(2)","severity":"medium","reasoning":"The exclusion of professional competence inquiry from the RCA definition (s.36B(2)) is in direct tension with the accountability principle in s.36D(b). If an event was caused by a practitioner's incompetence, the RCA cannot examine that, yet the guiding principle demands accountability. This is not merely a policy tension but a structural logical flaw: the mechanism cannot achieve the stated principle.","confidence":0.7,"description":"The definition of 'root cause analysis' in s.36B(1) includes identifying 'factors that contributed to the happening of the event', but s.36B(2) expressly excludes 'investigating the professional competence of a person'. However, the guiding principles in s.36D(b) state that 'people involved in providing ambulance services should be accountable for their actions'. An RCA that identifies contributing factors but cannot investigate professional competence, while simultaneously requiring accountability, creates a logical impossibility: the process must identify what went wrong systemically but must ignore the competence of the individuals who caused it, yet those individuals must be held accountable."},{"type":"self_contradicting","section":"sec.36D(a) and sec.36D(b)","severity":"medium","reasoning":"A blameless reporting culture (s.36D(a)) is fundamentally inconsistent with individual accountability (s.36D(b)). The legislature has attempted to balance two competing policy objectives within a single list of co-equal guiding principles, creating an irreconcilable tension that gives no guidance on which principle prevails when they conflict.","confidence":0.8,"description":"Two guiding principles for RCA conduct are internally contradictory. Section 36D(a) states that reporting errors is encouraged 'if people do not fear blame or reprisal' — implying a no-blame environment. Section 36D(b) states that 'people involved in providing ambulance services should be accountable for their actions' — implying blame and consequences. These principles pull in opposite directions within the same provision."},{"type":"other","section":"sec.36G(3) and sec.36O","severity":"low","reasoning":"The anonymisation requirement in the report and the mandatory disclosure of location details to the ombudsman create a practical tension that may partially defeat the privacy protection. This is not a direct logical contradiction but represents an absurdity in the protective scheme.","confidence":0.55,"description":"Section 36G(3) requires that an RCA report must not contain 'the name or address of a person involved in providing the relevant ambulance service'. Section 36O then requires the commissioning authority to give the health ombudsman a copy of the RCA report plus 'details of the place where the reportable event happened'. The RCA report itself is thus anonymised, but its transmission is accompanied by location details that, combined with other readily available information, could enable identification of the persons involved — undermining the anonymisation purpose of s.36G(3)."},{"type":"impossible_compliance","section":"sec.36NA(4)","severity":"high","reasoning":"Registered health practitioners have professional and potentially legal obligations to report serious safety concerns about colleagues. Section 36NA(4) creates an absolute prohibition on disclosure of excluded notifiable conduct information acquired through the RCA process, including intoxication while practising. This could place practitioners in a position where compliance with s.36NA(4) requires them to breach their professional obligations, and vice versa. No escape valve or hierarchy of obligations is provided.","confidence":0.72,"description":"Section 36NA(4) absolutely prohibits a registered health practitioner RCA team member from disclosing information about excluded notifiable conduct (e.g. intoxication while practising). This means a practitioner who witnesses another practitioner being dangerously drunk while treating a patient during an ambulance service is legally prohibited from reporting it to anyone if the information was acquired through the RCA process. This creates an impossible compliance scenario where patient safety obligations potentially conflict with a statutory prohibition on disclosure."},{"type":"impossible_compliance","section":"sec.28(1) and sec.28(2)","severity":"medium","reasoning":"A committee cannot comply with directions it has not received. The Act requires compliance with ministerial directions for validity but imposes no obligation on the Minister to communicate those directions in advance. This creates a potential trap where committees act in good faith under their constitution but are retrospectively invalidated.","confidence":0.6,"description":"Section 28(1) allows a committee to conduct its business 'in the way it considers appropriate', subject to its constitution. Section 28(2) then provides that any matter not conducted in accordance with the constitution OR the Minister's directions is invalid. However, the Act contains no provision requiring the Minister's directions to be communicated to the committee before they are binding, meaning a committee could act in accordance with its constitution and yet find its decisions invalidated by unknown ministerial directions."},{"type":"other","section":"sec.23(2)","severity":"medium","reasoning":"The drafting creates a loophole: ambulance officers may attend a pool immersion incident involving a young child but if no formal internal notification process exists or is followed, the mandatory reporting obligation in s.23(2) is never triggered. The word 'notified' is undefined and the trigger is circular — the mandatory obligation depends on an internal notification step that is itself not mandated.","confidence":0.65,"description":"Section 23(2) requires the chief executive to ensure the service gives notice of a pool immersion incident to 'the chief executive (health)' within 5 business days. However, s.23(1) states the section applies 'if the service is notified' of such an incident. There is no obligation on the service to investigate whether it has been involved in such incidents — it only triggers if the service happens to be notified. This creates a reporting obligation that can be entirely circumvented by the simple expedient of the service not being formally notified, even if its officers attended the incident."}],"contradictions":[{"severity":"low","section_a":"sec.3B","section_b":"sec.13","confidence":0.6,"description":"Section 3B states the service consists of the commissioner AND 'ambulance officers, medical officers and other staff members employed under section 13'. Section 13 empowers the chief executive to employ such persons. However, the commissioner is appointed by the Governor in Council under s.4, not employed by the chief executive under s.13. Section 3B thereby defines service membership by reference to s.13 employment, which does not cover the commissioner, yet includes the commissioner — creating a structural inconsistency in how service membership is constituted."},{"severity":"low","section_a":"sec.3E(1)-(2)","section_b":"sec.9","confidence":0.5,"description":"Section 3E makes the chief executive responsible for the way the service performs its functions, including defining objectives, strategies and policies. Section 9 requires the commissioner to manage the service's operations and perform functions 'in accordance with the objectives, strategies and policies defined by the chief executive'. This creates a potential accountability gap: the chief executive is responsible for overall performance but the commissioner manages operations. If operations fail due to inadequate policy (chief executive's domain) versus poor implementation (commissioner's domain), responsibility is unclear and potentially contradictory."},{"severity":"medium","section_a":"sec.36D(d)","section_b":"sec.36G(1)","confidence":0.65,"description":"Section 36D(d) states that 'participation in the RCA should be voluntary'. However, section 36G(1) imposes a mandatory obligation on the RCA team — using 'must' — to prepare an RCA report after conducting an RCA. Once an RCA team is appointed and begins conducting an RCA, the mandatory reporting obligation in s.36G(1) applies. The voluntary participation principle is therefore incompatible with the mandatory reporting obligation imposed on team members once appointed."},{"severity":"medium","section_a":"sec.36J(1)-(3)","section_b":"sec.36G(1)","confidence":0.7,"description":"Section 36G(1) requires an RCA team to prepare an RCA report 'as soon as practicable after conducting an RCA'. Section 36J(3) requires an RCA team to stop conducting an RCA if it believes a blameworthy act is involved. If an RCA is stopped before completion, s.36G(1) never technically triggers (as the RCA has not been 'conducted'). However, the Act does not explicitly address whether a partial RCA report must, may, or must not be prepared when an RCA is stopped. This creates ambiguity about the legal status of partially completed RCA work and any associated confidentiality protections."},{"severity":"high","section_a":"sec.36M(1)","section_b":"sec.36O","confidence":0.68,"description":"Section 36M(1) prohibits RCA team members from disclosing information acquired as a member of the RCA team other than for specified authorised purposes. Section 36O requires the commissioning authority (not the RCA team) to give the health ombudsman a copy of the RCA report. However, the RCA report by definition contains information compiled by the RCA team. The disclosure prohibition in s.36M applies to team members' own disclosures; the commissioning authority disclosure in s.36O is separately authorised. But if a team member is also the commissioning authority (which is possible since s.36E defines the commissioner as the commissioning authority and the commissioner is a service member), the same person faces both a disclosure prohibition and a mandatory disclosure obligation."},{"severity":"medium","section_a":"sec.36F(1)(c)","section_b":"sec.36F(1)(a)(i)","confidence":0.72,"description":"Section 36F(1)(c) requires the commissioning authority to be satisfied that 'the potential benefit in disclosing relevant information is outweighed by the potential benefit of restricting disclosure'. Section 36F(1)(a)(i) requires the persons appointed to 'have the appropriate skills, knowledge and experience to conduct an RCA'. These are pre-appointment requirements that must both be satisfied. However, the skill/knowledge assessment (s.36F(1)(a)(i)) requires knowing what the RCA will involve, which in turn requires knowing what 'relevant information' (defined as information 'that will be compiled by the proposed RCA team') will be gathered — but that information can only be known after the RCA is conducted. The commissioning authority must assess the benefit of restricting information that does not yet exist."},{"severity":"low","section_a":"sec.29(2)(a)","section_b":"sec.29A(2)","confidence":0.45,"description":"Section 29(2)(a) disqualifies from committee membership any person who 'does not permanently reside in the area served by a committee'. Section 29A(2) allows remaining members to appoint a replacement member who is 'eligible to be a member of a committee', subject to s.29(2). However, s.29A(3) states the replacement holds office 'subject to section 29(2), (2A) and (9)' — but does not refer back to s.29(1) which requires the election process. The contradiction is that s.29(1) requires a general meeting for election, while s.29A(2) allows appointment by remaining members 'despite section 29(1)', yet s.29A(3) subjects the replacement to s.29(2) eligibility requirements. This is consistent internally within s.29A but the cross-referencing creates confusion about which requirements are mandatory versus waivable for replacement appointments."}]},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has significantly expanded from its original 1991 scope. It began as a straightforward establishment Act for a centralised ambulance service. Over time it grew to include: a detailed Root Cause Analysis framework for adverse events (added 2007, refined 2014); mandatory child pool immersion incident reporting (added 2010); expanded collaboration obligations with Hospital and Health Services (added 2020); fitness and propriety requirements for health practitioners; and alignment with the national health practitioner regulation scheme. The local ambulance committee structure also evolved considerably, with governance and constitutional requirements formalised in 2002. Many original sections covering matters like governance boards and disciplinary processes were removed and relocated to other legislation."},"complexity_factors":["Extensive amendment history spanning 30+ years with many sections inserted, substituted, and omitted across multiple amending Acts, making the current state of the law difficult to track","The Root Cause Analysis (RCA) framework in Part 4A is technically intricate, with multi-layered confidentiality rules, disclosure exceptions, and interaction with multiple other Acts (Coroners Act, Health Practitioner Regulation National Law, Health Ombudsman legislation)","Multiple interacting regulatory frameworks — the Act cross-references at least 12 other Queensland and Commonwealth laws","Dual accountability structure (chief executive AND commissioner) with overlapping responsibilities requiring careful interpretation","Complex information-sharing rules in the RCA division with different rules applying to different classes of person (RCA team members, commissioning authority, medical director, relevant persons)","The distinction between 'excluded notifiable conduct' and 'public risk notifiable conduct' for registered health practitioners requires specialist knowledge to apply","Governance of local ambulance committees involves a separate quasi-corporate structure with its own constitution, financial accountability rules, and dissolution mechanisms","Employment framework deliberately sits outside the standard public sector employment law, creating a standalone regime"],"plain_english_summary":"## Queensland Ambulance Service Act 1991 — What You Need to Know\n\nThis Queensland law establishes and governs the **Queensland Ambulance Service (QAS)** — the state government organisation responsible for providing ambulances and emergency medical care to Queenslanders.\n\n### What does it actually do?\n\n**1. Creates the Queensland Ambulance Service**\nThe Act formally establishes QAS as a government body. It sets out who is in charge (the Commissioner, who is appointed by the Governor in Council — essentially the state Cabinet), and how the service is staffed — including paid officers and unpaid honorary ambulance officers (volunteers).\n\n**2. Defines what the QAS must do**\nThe service's jobs include:\n- Responding to medical emergencies and rescues\n- Transporting sick people to hospitals\n- Working with other emergency services in disasters\n- Coordinating volunteer first aid groups during major emergencies\n- Teaching the public first aid and CPR\n- Working with hospitals to manage patient handovers\n\n**3. Sets up community involvement through Local Ambulance Committees**\nLocal communities can form elected volunteer committees to:\n- Represent the community to QAS\n- Raise funds for local ambulance services\n- Manage money held in trust for local ambulance purposes\n\nThese committees are democratic — local adults elect the members. There are strict rules about who can serve (no bankrupts, no people with serious criminal convictions, no current ambulance service employees). Committee members can be personally liable if they misuse funds.\n\n**4. Establishes a 'Root Cause Analysis' (RCA) system for serious incidents**\nThis is one of the more detailed parts of the Act. When something goes seriously wrong during an ambulance call — for example, a patient dies due to a medication error, a wrong procedure is performed, or there's an unreasonable delay — the QAS Commissioner can appoint an independent team to investigate *why* it happened (not *who to blame*).\n\nKey features of this system:\n- The investigation is about **improving systems**, not punishing individuals\n- The investigation team must be independent — they cannot have been directly involved in the incident\n- Reports are **confidential** — team members and their identities are protected\n- There are serious penalties (fines of up to 100 penalty units — currently $15,170) for leaking this information\n- However, if the investigation uncovers *deliberate* wrongdoing, criminal conduct, or a health professional impaired by alcohol/drugs, the investigation **must stop** and the matter is referred to the appropriate authority (police, health regulator, coroner)\n- Coroners investigating a death can access RCA reports\n\n**5. Requires reporting of child pool drowning incidents**\nIf QAS responds to a child under 5 who has been submerged in a swimming pool (whether or not the child survives), QAS must notify the health department within 5 business days. This helps government track and prevent child drownings.\n\n**6. Sets up the QAS Fund**\nA dedicated fund is established for QAS finances. Money comes in from ambulance fees charged to patients, government funding, asset sales, and investment interest. Money flows out for the purposes of running the service.\n\n### Who does this affect?\n- **Everyone in Queensland** — if you ever call 000 and an ambulance comes, QAS is governed by this Act\n- **QAS employees** — their employment conditions and rights are set here (outside the normal public service employment rules)\n- **Local community volunteers** — who sit on local ambulance committees\n- **Patients who experience a serious adverse event** — the RCA system affects how incidents involving them are investigated\n- **Health professionals** working in QAS — especially regarding reporting obligations"},"kimi_summary":{"_metrics":{"completionTokens":698},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 1991 purpose of establishing an ambulance service. Major additions include: the 2007 root cause analysis framework (Part 4A) for patient safety investigations; 2008 investigation officer powers and expanded confidentiality rules; 2010-2022 disciplinary procedure overlays; and 2022 integration with the Public Sector Act. The scope now encompasses complex health governance, cross-border information sharing, and detailed employment/superannuation arrangements well beyond basic ambulance service provision."},"complexity_factors":["Multiple nested definitions and cross-references (e.g., 'reportable event' defined with 6 sub-categories, each with conditions)","Extensive confidentiality provisions with numerous exceptions and permitted disclosures (sections 49-50S)","Root cause analysis framework with complex immunities, disclosure restrictions, and stopping conditions","Multiple transitional provisions preserving old disciplinary and employment arrangements across several amending Acts","Conditional logic throughout (e.g., disclosure permitted only if specific tests met: public interest, serious risk, research ethics approval)","Employment status distinctions between service officers, honorary officers, and public sector employees","Delegated legislative power with conditions (Chief Executive and Commissioner delegations with 'appropriately qualified' requirements)","Overlapping jurisdiction with other health legislation (Hospital and Health Boards Act, Health Practitioner Regulation National Law, Coroners Act)"],"plain_english_summary":"This Act establishes and governs the **Queensland Ambulance Service (QAS)**, setting out its structure, functions, and operational framework.\n\n**What it does:**\n- **Establishes the QAS** as a government service, led by a Commissioner appointed by the Governor in Council (on the Minister's recommendation)\n- **Defines the service's functions**, including: providing emergency ambulance services; transporting patients to medical facilities; participating in disaster planning; coordinating volunteer first aid groups; providing first aid education; and collaborating with hospitals and health services\n- **Sets up employment arrangements** for ambulance officers, medical officers and other staff, with the Chief Executive responsible for overall management\n- **Creates local ambulance committees** — community-based groups that fundraise, advise the Commissioner, and liaise between the community and the service\n- **Establishes a special fund** (the Queensland Ambulance Service Fund) to receive fees and donations for ambulance services\n- **Provides extensive powers** to authorised officers, including entering premises, using reasonable force, and taking emergency measures to protect people\n- **Creates a \"root cause analysis\" system** for investigating serious incidents (deaths, permanent injuries, medication errors, etc.) with strict confidentiality protections and immunities for participants\n- **Sets offences and penalties** for false ambulance calls, impersonating officers, obstructing ambulance services, and misusing confidential information\n- **Contains detailed confidentiality provisions** limiting when patient and operational information can be disclosed\n\n**Who it affects:**\n- Queensland residents using ambulance services\n- Ambulance officers and other QAS staff\n- Local ambulance committee members\n- Health professionals and hospitals interacting with the service\n- Anyone making false emergency calls or interfering with ambulance operations\n\n**Why it matters:**\nThe Act ensures Queensland has a legally-structured, properly funded emergency medical service with clear accountability, while protecting patient privacy and encouraging open reporting of safety incidents without fear of blame."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly from its original 1991 purpose of simply establishing and running an ambulance service. Major additions include root cause analysis for incidents (2007), investigation officers with enforcement powers (2008), detailed confidentiality and information-sharing regimes (2008, 2022), and extensive disciplinary provisions later migrated to the Public Sector Act 2022. The scope has broadened to cover not just ambulance operations but also quality assurance, inter-agency cooperation, and data sharing for public health monitoring."},"complexity_factors":["Extensive use of cross-references to other Acts (e.g., Financial Accountability Act 2009, Health Practitioner Regulation National Law, Coroners Act 2003)","Many defined terms located in a separate schedule (Schedule 1 dictionary)","Multiple parts and divisions with nested subsections, some heavily amended or repealed","Complex conditional logic in Part 4A (root cause analysis) with detailed rules on disclosure, privilege, and stopping investigations","Numerous transitional provisions across 10 divisions, reflecting decades of amendments","Offence provisions with varying penalty units and procedural options (summary or indictment)"],"plain_english_summary":"This Act creates the Queensland Ambulance Service (QAS) as the state's official ambulance provider. It sets out what the QAS must do—respond to emergencies, transport patients, provide first aid education, and coordinate with hospitals. The Act also establishes a Commissioner to run day-to-day operations, defines who can work as an ambulance officer, and creates local ambulance committees to raise funds and advise on community needs. It includes rules for investigating serious incidents (like patient deaths) through confidential 'root cause analyses' to improve safety without assigning blame. The Act makes it an offence to misuse the word 'Ambulance', make false calls, or obstruct ambulance officers. It also exempts Queensland residents from paying for ambulance services (though fees may apply if covered by workers' compensation or veterans' entitlements). The Act has been amended many times to expand its scope, particularly around staff discipline, information-sharing, and incident investigation."}},"importantCases":[],"_links":{"self":"/api/acts/ambulance-service-act-1991","history":"/api/acts/ambulance-service-act-1991/history","analysis":"/api/acts/ambulance-service-act-1991/analysis","conflicts":"/api/acts/ambulance-service-act-1991/conflicts","importantCases":"/api/acts/ambulance-service-act-1991/important-cases","documents":"/api/acts/ambulance-service-act-1991/documents"}}