This Act creates Ambulance Tasmania and a Commissioner who runs, funds and regulates ambulance services, with powers over staff, equipment, entry to premises, fees and offences. It also establishes a licensing and compliance regime for non‑emergency patient transport.
It affects the Commissioner, the Secretary and Minister (who can give directions), ambulance officers and volunteers, private NEPT providers, event organisers and patients because it decides who may operate services, who pays fees, what inspections and penalties apply, and what standards regulations may set.
Mechanically, the Ambulance Service Act 1982 (as reproduced in the source text) establishes Ambulance Tasmania, creates the office of the Commissioner of Ambulance Services, sets out the Commissioner’s functions, powers and funding arrangements, and creates a licensing and regulatory regime for non-emergency patient transport services (NEPT). The Act defines core terms (ambulance, Ambulance Service, NEPT Service, NEPT licence, authorised insignia, paramedic, vehicle, officer of the Ambulance Service, volunteer ambulance officer) and allocates duties and discretions between the Commissioner, the Secretary of the Department and the Minister (see Part I , ss 3, 3AA; Part II , ss 4-10; Part IIIA , ss 35A-35P).
Key mechanical features include:
Establishment and governance: Ambulance Tasmania is established under s 4 and is placed under the control of an incorporated Commissioner (ss 4-5). The Commissioner has functions to formulate policy, co-ordinate ambulance services statewide, standardise equipment, determine qualifications and training standards, and ensure effective service provision (s 6). The Commissioner is subject to Ministerial control, with directions required to be in writing (s 9).
Powers and delegation: The Commissioner is empowered to acquire and dispose of property, charge fees for various services and determine service scope (s 7(1)(a), (ab), (ac)). The Commissioner may delegate functions in writing (s 10) and establish committees to assist in functions (s 7(3)).
Entry, on-scene authority and operational powers: Officers may enter land, premises or vehicles where they reasonably believe urgent ambulance services are required, may use reasonable force to gain safe entry and may take people with them where necessary; identification rules apply (s 14A). On multi-agency incidents a senior Ambulance Service officer has primary responsibility for care and welfare of persons receiving ambulance services and may recommend priorities to other statutory services (s 14B).
Current sections
Direct links to the current provisions in Ambulance Service Act 1982.
(1) This section and section 1 shall commence on the day on which this Act receives the Royal Assent.
(2) Except as provided in subsections (1) and (3) , this Act shall commence on a date to be fixed by proclamation.
(3) Sections 32 , 33 , 34 , and 35 shall commence on 1st July next following the second commencement date.
3
Interpretation
3 Interpretation
*[Section 3 Amended by No. 29 of 1984, s. 3 and Sched. 1 ][Section 3 Amended by No. 22 of 1987, s. 4 ][Section 3 Amended by No. 59 of 1995, s. 4 ]**[Section 3 Amended by No. 4 of 1996, s. 4 ]*In this Act, except in so far as the context or subject-matter otherwise indicates or requires –[Section 3 Amended by No. 73 of 2013, s. 4, Applied:01 Jul 2014]
(i) specifically equipped for the provision of out-of-hospital clinical care to, and the conveyance of, persons suffering from illness, disability or injury; and
(ii) operated by, or on behalf of, the Ambulance Service to provide ambulance services other than non-emergency patient transport services; or
(b) which is approved by the Commissioner to be so operated;
(a) any items such as uniforms, emblems, logos, devices, accoutrements and other things that are generally recognised as pertaining to the Ambulance Service; or
(b) any part of such items; or
(c) any reasonable imitation or replica of such items or parts; or
(d) any thing, or class of things, that is prescribed for the purposes of this definition;
(1) In determining whether or not a person is a fit and proper person for the purposes of this Act, the Secretary may take into account any one or more of the following matters:
(a) whether or not the person has been found guilty of an offence against this Act;
(b) whether or not the person is of sound financial reputation and has a stable financial background;
(c) whether or not the person is of good repute, having regard to the character, honesty and integrity of the person;
(d) whether or not the person has been found guilty of one of the following offences within the immediately previous 10 years, regardless of where the person was convicted:
(i) an indictable offence against the person where the maximum penalty for the offence is a term of imprisonment of at least 3 months;
(ii) an offence of dishonesty, fraud, or trafficking, where the maximum penalty for the offence is a term of imprisonment of at least 3 months;
(e) any other matter the Secretary thinks relevant.
(2) For the purposes of subsection (1) , a person is found guilty of an offence even if a conviction is not recorded in respect of the person being found guilty of the offence.
*[Section 3A Inserted by No. 105 of 1987, s. 4 ]*This Act binds the Crown not only in right of Tasmania but also, so far as the legislative power of Parliament permits, binds the Crown in all of its other capacities.
Part II
Administration
Part II Administration
4
Ambulance Tasmania
4 Ambulance Tasmania
[Section 4 Amended by No. 29 of 1984, s. 3 and Sched. 1 ][Section 4 Amended by No. 73 of 2013, s. 6, Applied:01 Jul 2014] There is established by this Act an ambulance service to be called the "Ambulance Tasmania" which shall be under the control of the Commissioner and which shall consist of all persons appointed and holding office pursuant to section 14 , 15(1) , or 16 .
5
Appointment and incorporation of Commissioner of Ambulance Services
5 Appointment and incorporation of Commissioner of Ambulance Services
(c) may sue and be sued in his corporate name; and
(d) may do, and be subject to, all other things that corporations may by law do and be subject to and that are necessary for or incidental to the purpose for which he is incorporated.
(d) to standardize, as far as practicable, equipment used or intended to be used throughout the State for or in connection with the provision of ambulance services;
(e) to ensure that effective ambulance services are provided throughout the State;
(g) to determine the qualifications required to be held by, and the standards of experience, training, and efficiency required of, officers of the Ambulance Service;
(a) for or in connection with the performance of his functions under this Act to purchase, exchange, take on lease, hold, dispose of by way of lease or sale, or otherwise deal with, property both real and personal; and
(i) for the delivery of services by the Ambulance Service, other than ambulance services or services for which a fee is prescribed, and to waive all or part of any fee charged under this paragraph on the grounds of financial hardship or for any other reason the Commissioner thinks fit; and
(ii) to recover any expenditure made for or on behalf of another organisation, if that expenditure is not already covered under this Act; and
(ad) [Section 7 Subsection (1) amended by No. 73 of 2013, s. 9, Applied:01 Jul 2014] to determine that there is a need for the Ambulance Service to be present at an incident, or event, if the Commissioner believes on reasonable grounds that the incident or event may result in a person requiring ambulance services; and
(b) to do all things necessary or convenient to be done for or in connection with, or incidental to, the exercise of his powers and the performance of his functions under this Act other than employ persons.
(a) authorise the destruction of, wholly or partially, or damage to any premises, equipment, vehicle or receptacle;
(b) cause the gas or electricity supply, motor or any other source of energy to any premises, equipment, vehicle or receptacle to be shut off or disconnected;
(c) restrict access to a specified area around the site where ambulance services are being provided.
(2) [Section 9 Subsection (2) amended by No. 73 of 2013, s. 10, Applied:01 Jul 2014] The Minister may, for the purpose of enabling him to exercise the control referred to in subsection (1) , from time to time give a direction in writing to the Commissioner and the Commissioner shall, subject to this section, exercise the powers conferred, and perform the functions imposed, on him by or under this Act or any other Act in accordance with any such direction.
(c) [Section 9 Subsection (4) amended by No. 73 of 2013, s. 10, Applied:01 Jul 2014] interfere with the formation by the Commissioner of any opinion or belief in relation to any matter that has to be determined as a prerequisite to the performance or exercise by the Commissioner of any of his functions or powers under this Act or any other Act.
(2) A function or power, the performance or exercise of which has been delegated under this section, may, while the delegation remains unrevoked, be performed or exercised from time to time in accordance with the terms of the delegation.
(3) A delegation under this section may be made subject to such conditions or limitations as to the performance or exercise of any of the functions or powers delegated, or as to time or circumstance, as are specified in the instrument.
(5) [Section 10 Subsection (5) amended by No. 73 of 2013, s. 11, Applied:01 Jul 2014] Any act or thing done by or to a delegate while acting in the exercise of a delegation under this section shall have the same force and effect as if the act or thing had been done by or to the Commissioner and shall be deemed to have been done by or to the Commissioner.
(6) [Section 10 Subsection (6) amended by No. 73 of 2013, s. 11, Applied:01 Jul 2014] An instrument purporting to be signed by a delegate of the Commissioner in his capacity as such a delegate shall in all courts and before all persons acting judicially be received in evidence as if it were an instrument executed by the Commissioner under seal and, until the contrary is proved, shall be deemed to be an instrument signed by a delegate of the Commissioner under this section.
11.
11.
[Section 11 Repealed by No. 22 of 1987, s. 8 ]
12.
12.
[Section 12 Repealed by No. 22 of 1987, s. 9 ]
13.
13.
[Section 13 Repealed by No. 22 of 1987, s. 10 ]
14
Officers of Ambulance Service
14 Officers of Ambulance Service
[Section 14 Substituted by No. 29 of 1984, s. 3 and Sched. 1 ]
(1) [Section 14 Subsection (1) omitted by No. 22 of 1987, s. 11 ]. . . . . . . .
(1) An officer of the Ambulance Service may enter any land, premises or vehicle if the officer has reasonable grounds for believing that a person in or on the land, premises or vehicle requires urgent ambulance services.
(2) An officer of the Ambulance Service authorised to enter land, premises or a vehicle under subsection (1) –
(a) must, before entering the land, premises or vehicle, produce identification as such an officer; and
(b) may use such force as is reasonably necessary for the officer and his or her equipment to have safe entry to the land, premises or vehicle; and
(c) may take with him or her such other person as the officer considers necessary to effect the purpose for which entry is made.
(3) Subsection (2)(a) does not apply if the officer of the Ambulance Service is dressed in a uniform bearing the authorised insignia of the Ambulance Service.
14B
Powers of officer of Ambulance Service at scene
14B Powers of officer of Ambulance Service at scene
(a) more than one statutory service is in attendance at an incident; and
(b) an officer of the Ambulance Service is providing ambulance services at the incident –
the senior officer in attendance for the Ambulance Service has primary responsibility for the care and welfare of any person being provided ambulance services.
(2) To ensure the care and welfare of any person being provided ambulance services at an incident referred to in subsection (1) –
(a) the senior officer in attendance for the Ambulance Service may recommend to another statutory service the priority of, or preference for, any activity performed by that statutory service at the incident, if that activity may impact on the care and welfare of a person being provided ambulance services at the incident; and
(b) the senior officer in attendance for the statutory service that is the subject of the recommendation is to provide reasonable grounds, to the senior officer in attendance for the Ambulance Service at the time of the incident, for failing to comply with any recommendation made under paragraph (a) .
(3) In this section –
senior officer in attendance, in relation to an incident, means the most senior officer that is in attendance, for the relevant statutory service, at the scene of the incident;
(1) There is established a Tasmanian Ambulance Clinical Council.
(2) The Tasmanian Ambulance Clinical Council consists of such persons as may be determined by the Minister.
(3) The members of the Tasmanian Ambulance Clinical Council are to be appointed by the Minister and hold office on such terms and conditions, not provided for in this Act, as are determined by the Minister.
(4) A member of the Tasmanian Ambulance Clinical Council is entitled to be paid such remuneration and allowances as the Minister may determine.
(6) The Minister must appoint one of the members of the Tasmanian Ambulance Clinical Council to be the chairperson of the Tasmanian Ambulance Clinical Council.
(7) Such number of members of the Tasmanian Ambulance Clinical Council as the Minister may determine form a quorum at any duly convened meeting of the Tasmanian Ambulance Clinical Council.
(8) The procedure for the calling of, and for the conduct of business at, meetings of the Tasmanian Ambulance Clinical Council is to be determined by the Tasmanian Ambulance Clinical Council.
18
Functions of Tasmanian Ambulance Clinical Council
18 Functions of Tasmanian Ambulance Clinical Council
*[Section 18 Inserted by No. 41 of 1995, s. 5 ]*The Tasmanian Ambulance Clinical Council is to perform such functions as may be determined by the Minister.
(4) An authorised officer must produce his or her identity card for inspection –
(a) before exercising a power, or performing a function, under this Act or the regulations if it is practicable to do so; and
(b) at any time during the exercise of such a power, or the performance of such a function, as soon as practicable after being asked to do so.
20
Powers of authorised officers
20 Powers of authorised officers
[Section 20 Repealed by No. 22 of 1987, s. 13 ]
(1) Subject to this Act and without limiting the functions and powers that may be authorised under section 19 , an authorised officer may, at any reasonable time and for the purposes of this Act, be authorised under section 19 to do one or more of the following:
(a) inspect and search any premises, vehicles, machinery or equipment used for the purposes of this Act;
(b) take photographs, films, or video or audio recordings, or make a record in any other manner or by any other means;
(c) require a person, who the officer reasonably believes has committed, is committing or is about to commit an offence against this Act, to state the person's full name and usual place of residence;
(d) require a person holding or required to hold a licence under this Act to produce the licence for inspection;
(e) stop or detain a vehicle, or cause a vehicle to be stopped or detained, if the authorised officer believes on reasonable grounds that the vehicle is being or is likely to be used to provide ambulance services;
(f) seize, examine or take copies of, or extracts from, documents;
(g) seize any equipment, other than a vehicle, that the authorised officer is satisfied should be seized in the interests of public safety;
(h) require a person to produce a document which may relate to, or contain evidence of, an offence under this Act.
(2) An authorised officer may enter and search any premises or vehicle if the authorised officer believes on reasonable grounds that the entry and search is necessary in order to confirm –
(a) whether this Act is being complied with; or
(b) whether any condition on a licence under this Act is being complied with.
(3) An authorised officer may enter premises or a vehicle under subsection (2) at any time.
(1) The Commissioner may authorise the insignia to be adopted for use by all or part of the Ambulance Service.
(2) A person must not, without the permission of the Commissioner, manufacture or sell –
(a) authorised insignia; or
(b) insignia that is reasonably capable of being mistaken as authorised insignia.
Penalty: Fine not exceeding 100 penalty units and, in the case of a continuing offence, a further fine not exceeding 10 penalty units for each day during which the offence continues.
(3) A person must not, for any purpose that is not authorised by the Commissioner, use –
(a) authorised insignia; or
(b) insignia that is reasonably capable of being mistaken as authorised insignia.
Penalty: Fine not exceeding 100 penalty units and, in the case of a continuing offence, a further fine not exceeding 10 penalty units for each day during which the offence continues.
(1) [Section 23 Subsection (1) amended by No. 73 of 2013, s. 20, Applied:01 Jul 2014] The Commissioner shall cause to be kept proper accounts and records of the operations of the Ambulance Service and shall do all things necessary to ensure that all payments from its funds are correctly made and properly authorized and that adequate control is maintained over the assets of, or in the custody of, the Commissioner and over the incurring of liabilities by the Commissioner.
[Section 26 Amended by No. 73 of 2013, s. 22, Applied:01 Jul 2014] The Commissioner may, in any financial year, expend out of the funds of the Commissioner any sum of money, not exceeding in the aggregate the amount prescribed in the regulations, for any purpose approved by the Minister, notwithstanding that the expenditure may not be authorized under any other provision of this Act.
27
Annual estimate of expenditure and revenue
27 Annual estimate of expenditure and revenue
[Section 27 Substituted by No. 22 of 1987, s. 15 ][Section 27 Amended by No. 73 of 2013, s. 23, Applied:01 Jul 2014] The Commissioner shall, before the commencement of each financial year, submit to the Minister an estimate of the expenditure and revenue of the Commissioner for that financial year in, or in connection with, the administration of this Act.
Division 2
Division 2
[Part III, Div. 2 Repealed by No. 22 of 1987, s. 16 ]
(2) The payment to be made by the Treasurer under subsection (1) shall be made as soon as practicable after the commencement of the operating year in respect of which the payment relates.
(3) For the purposes of this section,
operating year means the financial year commencing on 1st July 1983 and each subsequent financial year.
(a) must be in a form approved by the Secretary; and
(b) must be accompanied by the prescribed fee.
(3) The Secretary may –
(a) require the applicant to provide such information as the Secretary considers necessary in order to determine the application; and
(b) if the Secretary has required further information under paragraph (a) , refuse to consider the application until the information requested has been provided.
(2) On refusing to grant an application under section 35A , the Secretary is to notify the applicant in writing of that refusal and the reasons for the refusal.
(1) The Secretary is to issue an NEPT licence, subject to any conditions the Secretary thinks fit, to an applicant on payment of any prescribed licence fee if the Secretary –
(a) grants an application for an NEPT licence; or
(b) varies an NEPT licence; or
(c) renews an NEPT licence.
(2) An NEPT licence is to be in a form approved by the Secretary and is to contain the following particulars:
(a) the name and address of the holder of the licence;
(b) the non-emergency patient transport services that may be provided under the licence;
(c) the conditions to which the licence is subject other than conditions specified in this Act or prescribed in the regulations;
(d) the date on which the licence expires, being a date that is not more than 5 years from the issue of the licence;
(e) any other prescribed particular.
(3) An NEPT licence takes effect on the day it is issued or such other day as may be specified in the licence.
(1) An NEPT licence authorises the person to whom it is issued to provide, in accordance with the licence, the non-emergency patient transport services specified in the licence.
(2) An NEPT licence is not transferrable to any other person or organisation except in accordance with section 35O .
(1) Not less than 3 months before the expiry day of an NEPT licence, the holder of the NEPT licence may apply to the Secretary for a renewal of the licence.
(a) is to be in a form approved by the Secretary; and
(b) must be accompanied by the prescribed fee.
(3) If an application under subsection (1) is made less than 3 months before the NEPT licence expires –
(a) the application is to also be accompanied by the prescribed late fee; and
(b) the Secretary may refuse to accept the application.
(4) The Secretary may renew an NEPT licence if the Secretary is satisfied that –
(a) the holder of the licence is a fit and proper person; and
(b) the quality of the non-emergency patient transport services provided under the licence is satisfactory; and
(c) the non-emergency patient transport services provided under the licence comply with this Act, the regulations and any other law relating to, or affecting the operation of, the relevant NEPT Service; and
(d) the conditions of the NEPT licence have been complied with.
(5) If an NEPT licence is renewed under this section –
(a) the Secretary is to reissue a licence under section 35D with the new date on which the licence expires; and
(b) the renewal takes effect on –
(i) if the NEPT licence is renewed on or before the expiry day, the day immediately following the expiry day; or
(ii) if the NEPT licence is renewed after the expiry day, the day the applicant is notified that the licence has been renewed.
(6) If an application for the renewal of an NEPT licence is made in accordance with this section but the licence is not renewed before the expiry day, the unrenewed licence continues to have effect –
(a) if the Secretary has not determined the application before the expiry day, until –
(i) the Secretary renews the licence under this section and the renewal takes effect; or
(ii) 7 days after the holder of the licence receives written notification from the Secretary that the licence is not to be renewed; or
(b) if the Secretary, before the expiry day, refuses to renew the licence, until whichever of the following last occurs:
(i) the expiry day;
(ii) 7 days after the holder of the licence receives written notification from the Secretary that the licence is not to be renewed.
(7) If the Secretary refuses to renew an NEPT licence, the Secretary is to notify the holder of the NEPT licence of that refusal and the reasons why the Secretary refused to renew the licence.
(8) In this section –
expiry day means the day on which an NEPT licence would expire if no application for its renewal were made.
(1) The Secretary may, either on the application of the holder of an NEPT licence or on the Secretary's own initiative –
(a) vary an NEPT licence, including varying the licence to impose, or revoke, a condition on the licence, other than a condition imposed by this Act or prescribed in the regulations; or
(b) vary a condition on an NEPT licence, other than a condition imposed by this Act or prescribed in the regulations.
(2) If the holder of an NEPT licence applies under subsection (1) for a variation of the NEPT licence, the application –
(a) is to be in a form approved by the Secretary; and
(b) must be accompanied by the prescribed fee.
(3) If the Secretary intends to vary an NEPT licence or a condition on an NEPT licence under subsection (1) on the Secretary's own initiative, the Secretary –
(a) is to notify the holder of the NEPT licence in writing of the proposed variation; and
(b) is to specify in the written notice a period of time, of not less than 14 days, in which the holder of the NEPT licence may make submissions in respect of the variation.
(4) The Secretary must not vary an NEPT licence, or a condition on an NEPT licence, under subsection (1) unless the Secretary –
(a) has considered the matters specified in section 35B(2) in respect of the variation and the licence generally; and
(b) is satisfied that the variation will not negatively affect the quality of the non-emergency patient transport services provided, or to be provided, under the licence.
(5) If an NEPT licence, or a condition of an NEPT licence, is varied under this section –
(a) the Secretary is to –
(i) notify the holder of the NEPT licence in writing of the variation; and
(ii) reissue the NEPT licence under section 35D to the holder of the NEPT licence; and
(b) the variation takes effect on the date specified in the notice.
(6) If the Secretary refuses an application under subsection (1) to vary an NEPT licence, or a condition of an NEPT licence, the Secretary is to notify the holder of the NEPT licence of that refusal and the reasons why the Secretary refused to vary the licence or condition.
(1) The Secretary may cancel or suspend an NEPT licence at any time if the Secretary believes on reasonable grounds that –
(a) if the holder of the NEPT licence is a natural person, the holder of the licence is not a fit and proper person; or
(b) if the holder of the NEPT licence is a body corporate, the chief executive officer or a director of the body corporate is not a fit and proper person; or
(c) the health or safety of staff, patients, or clients of the holder of the NEPT licence is at risk; or
(d) the holder of the NEPT licence –
(i) has failed to carry on the non-emergency patient transport services authorised under the NEPT licence in accordance with this Act, the regulations or the licence; or
(ii) is unlikely to carry on the non-emergency patient transport services authorised under the NEPT licence in accordance with this Act, the regulations or the licence; or
(e) the holder of the NEPT licence has been found guilty of an offence against this Act or the regulations.
(2) In deciding under subsection (1) whether cancellation or suspension is the more appropriate course of action in the circumstances, the Secretary is to regard public safety, rather than the rights and convenience of the holder of the NEPT licence, as being the paramount consideration.
(3) The Secretary is to notify the holder of the NEPT licence in writing that the Secretary intends to suspend or cancel the licence.
(a) state when the suspension or cancellation takes effect; and
(b) state that the Secretary is satisfied that there are grounds for cancelling the licence and set out those grounds; and
(c) state that the holder of the licence may make written submissions to the Secretary in respect of the suspension or proposed cancellation within the period specified in the notice; and
(d) in the case of a suspension, state the period of the suspension and any conditions that must be met before the Secretary will consider revoking the suspension.
(5) A suspension of an NEPT licence under this section –
(a) may be for an indefinite period; and
(b) may be revoked by the Secretary at any time.
(6) The Secretary is to consult the holder of an NEPT licence before cancelling or suspending the licence, unless the Secretary considers that the cancellation or suspension should be effected urgently in the interests of public safety.
(7) A suspended NEPT licence is of no effect during the period of suspension.
(1) If the holder of an NEPT licence is a body corporate, the body corporate must notify the Secretary in writing –
(a) in accordance with subsection (2) , if a person ceases to be, or is appointed as, the chief executive officer or a director of the body corporate; and
(1) For the purpose of monitoring compliance under this Act, the regulations or an NEPT licence, an authorised officer may require the holder of an NEPT licence, at a time and place specified by the authorised officer, to –
(a) produce for inspection any vehicles used to provide non-emergency patient transport services under the licence; or
(b) produce for inspection any documents required to be kept in respect of an NEPT Service by the holder of an NEPT licence under this Act or any other Act.
(2) A person is not excused from complying with a requirement of an authorised officer under subsection (1) on the ground that to do so may result in information being provided that might incriminate the person.
(3) Any information obtained as a consequence of an inspection under subsection (1) is not admissible in evidence against the person, who produced the vehicle or document for inspection, in criminal proceedings other than in proceedings in respect of the provision of false information, unless the information is contained in a document that –
(a) the person is required to keep by any law; or
(b) the holder of an NEPT licence is required to keep under any law; or
(c) was obtained without the direct assistance of the person.
(4) For the purposes of subsection (3)(c) , a person provides direct assistance to obtain a document if the person identifies, reveals the location of, or explains the content of, the document.
(5) For the avoidance of doubt, an authorised officer may use any power authorised under section 19 , or specified in section 20 , in relation to –
(a) any vehicle or document produced under this section; or
(b) any person who produces such a vehicle or document.
(1) If the holder of an NEPT licence dies, a person who is, or persons who are, the legal representative of the estate of the holder of the NEPT licence may apply to the Secretary, within 28 days after the death of the person or such longer period as the Secretary allows, to carry on the NEPT Service being operated under the licence until the expiration of the period of 3 months after the death.
(2) The Secretary must grant an application under subsection (1) unless the Secretary is not satisfied that the applicant is a fit and proper person.
(3) If the Secretary grants an application under this section, the Secretary is to issue the applicant with an NEPT licence under section 35D .
(1A) *[Section 36 Subsection (1A) inserted by No. 59 of 1995, s. 5 ]*The Minister may enter into an arrangement or agreement with the Minister responsible for the administration of the Veterans' Entitlements Act 1986 of the Commonwealth in relation to the payment of fees for ambulance services provided under this Act.
(1B) [Section 36 Subsection (1B) inserted by No. 73 of 2013, s. 26, Applied:01 Jul 2014] Where any ambulance services are provided in the following circumstances by the Commissioner, a fee determined in accordance with the scale of fees prescribed in the regulations, or as agreed to with the Commissioner, is payable to the Commissioner:
(a) if the provision of ambulance services is requested by the Commonwealth, another State Service Agency, a Government Business Enterprise or State Authority to discharge functions or powers not normally discharged by the Ambulance Service – by the Commonwealth or that State Service Agency, Government Business Enterprise or State Authority;
(b) if the provision of ambulance services is to a person whose principal place of residence is in another jurisdiction, by the person to whom the ambulance services are provided;
(c) in any other prescribed circumstances, by the person prescribed for those circumstances.
(a) a fee determined in accordance with the scale of fees prescribed in the regulations is payable to the Commissioner for the incident or event; and
(b) the person whom the Commissioner determines to be the organiser of that incident or event is to ensure that the fee is paid, if such an organiser exists.
(2A) *[Section 36 Subsection (2A) inserted by No. 59 of 1995, s. 5 ]*A fee determined in accordance with the scale of fees prescribed is payable for –
(a) the return conveyance of a patient from a hospital or institution referred to in subsection (2) to a place at which diagnostic or other health services are provided to the patient; and
(b) the conveyance of a patient from a hospital referred to in subsection (2)(c) to any other place.
(4) *[Section 36 Subsection (4) inserted by No. 34 of 1985, s. 3 ][Section 36 Subsection (4) amended by No. 22 of 1987, s. 17 ][Section 36 Subsection (4) amended by No. 59 of 1995, s. 5 ]*The fee for the conveyance of patients referred to in subsection (2) or (2A) is payable by the hospital or institution, as the case may be, from which the patient is conveyed.
(5) [Section 36 Subsection (5) amended by No. 73 of 2013, s. 26, Applied:01 Jul 2014][Section 36 Subsection (5) amended by No. 73 of 2013, s. 26, Applied:01 Jul 2014] *[Section 36 Subsection (5) inserted by No. 34 of 1985, s. 3 ]**[Section 36 Subsection (5) amended by No. 22 of 1987, s. 17 ]*A fee is payable to the Commissioner on and after the appointed day, by any residential aged care facility wholly or partly maintained by the State or any hospital wholly or partly maintained by the State, other than a hospital referred to in subsection (2) , for the conveyance, on and after that day, of persons from that residential aged care facility or hospital to another such residential aged care facility or hospital.
(6) *[Section 36 Subsection (6) added by No. 34 of 1985, s. 3 ]*The Governor may, by order, fix an appointed day for the purposes of subsection (5) .
(c) that the carrying out of the committee's functions and powers would be facilitated by the provision of immunities afforded by this section in respect of its proceedings; and
(d) that it is in the public interest that persons be prohibited from disclosing information given to the committee in the course of the performance of its functions.
(3) A person who is or has been a member of a committee in respect of which a declaration under subsection (1) has been made must not either directly or indirectly –
(a) make a record of or divulge or communicate to any person any information gained by or conveyed to that person as such a member while the declaration was in force; or
(b) make use of any such information –
except to the extent necessary for the performance of the functions of that committee or of the person as such a member.
Penalty: Fine not exceeding 50 penalty units.
(4) A person who is or has been a member of a committee in respect of which a declaration under subsection (1 ) has been made is not required –
(a) to produce before any court, tribunal, board, agency or person any document in the person's possession or under the person's control as such a member while the declaration was in force; or
(b) to divulge or communicate to any court, tribunal, board, agency or person any matter or thing coming under the person's notice as such a member while the declaration was in force.
(5) Subsections (3) and (4) apply to a person who prepares or has prepared information or documents concerning the proceedings, or for the purposes, of a committee in respect of which a declaration under subsection (1) has been made as if that person is or was a member of the committee.
(6) Evidence of any information or document relating to the proceedings, or prepared for the purposes, of a committee at any time when a declaration under subsection (1) was in force in respect of it is not admissible in any action or proceedings before any court, tribunal, board, agency or person.
(7) If there is an inconsistency between this section and a provision of any other Act or law, this section prevails to the extent of the inconsistency.
(1) [Section 37 Subsection (1) amended by No. 73 of 2013, s. 28, Applied:01 Jul 2014] *[Section 37 Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 ]*A person shall not provide ambulance services similar to the services provided by the Commissioner under this Act without the written consent of the Commissioner and except in accordance with such conditions (if any) as the Commissioner may from time to time impose in relation to the provision of ambulance services by that person.
(a) St John Ambulance – Tasmania in respect of operations similar to the operations lawfully carried on by that body immediately before the second commencement date; or
(b) any prescribed person or class of persons.
37A
Unauthorized provision of non-emergency patient transport services
37A Unauthorized provision of non-emergency patient transport services
(2) Subsection (1) does not apply to a person if the person is a person, or a member of a class of persons, prescribed as exempt from the application of this section.
37B
Representation of person as licensed NEPT Service
37B Representation of person as licensed NEPT Service
(1) [Section 38 Subsection (1) amended by No. 73 of 2013, s. 30, Applied:01 Jul 2014] Where immediately before the second commencement date any person, other than an ambulance board constituted under the repealed Act, is providing ambulance services in any area, the Commissioner may furnish to that person such assistance as the Commissioner considers necessary to enable that person to continue to provide ambulance services in that area.
(a) [Section 38 Subsection (2) amended by No. 73 of 2013, s. 30, Applied:01 Jul 2014] a grant to a person referred to in that subsection for the purchase of equipment to replace any equipment used by that person in the provision of ambulance services in the area in which the Commissioner considers those ambulance services should continue to be provided by that person; or
(b) contributions towards the expenses incurred, or advances by way of loan to meet any expenditure incurred, by that person in providing ambulance services in that area.
(1) The Commissioner may make an arrangement, with any agency which manages or controls an interstate service, for the interstate service –
(a) to provide equipment to be used to provide ambulance services in this State; and
(b) to provide personnel to provide ambulance services in this State.
(2) A vehicle from an interstate service which provides ambulance services in accordance with an interstate arrangement is taken to be an ambulance while providing those services.
(3) For the avoidance of doubt –
(a) an interstate service may only provide ambulance services in this State under this Act if the interstate service is providing those ambulance services in accordance with an interstate arrangement; and
(b) a person from an interstate service who is providing ambulance services in accordance with an interstate arrangement is subject to the direction of the Commissioner, or the most senior officer of the Ambulance Service who is present at the scene where the ambulance services are being provided, while providing those services.
(4) In this section –
interstate arrangement means an arrangement under subsection (1) ;
interstate service means a service established and operating in another State, a Territory or the Commonwealth that is prescribed for the purposes of this definition.
(1) Unless authorised by the Commissioner, a person must not drive, operate or have charge of, or allow another person to drive, operate or have charge of, a vehicle, other than an ambulance, that is –
(a) marked with the word "ambulance"; or
(b) otherwise marked or altered, or bears any inscription –
so as to imply, or lead to the belief, that the vehicle is an ambulance capable of providing ambulance services.
Penalty: Fine not exceeding 100 penalty units.
(2) A person must not drive, operate or have charge of, or allow another person to drive, operate or have charge of, a vehicle that is –
(a) marked with the word "paramedic"; or
(b) otherwise marked or altered so as to imply, or bears any inscription that may lead to the belief, that the vehicle is operated by a paramedic –
unless the staffing of the vehicle, at the time, includes a paramedic.
(1) A person, other than a paramedic, must not present himself or herself in such a manner as to imply, or lead to the belief, that the person is a paramedic capable of providing ambulance services.
Penalty: Fine not exceeding 100 penalty units.
(2) Unless otherwise authorised by the Commissioner, a person must not present his or her business in such a manner as to imply, or lead to the belief, that the business is staffed or operated by paramedics.
(1) A person must not directly or indirectly resist, impede, obstruct or intentionally assault –
(a) the Commissioner; or
(b) a person who is providing ambulance services, or is otherwise performing a function or exercising a power, under this Act; or
(c) an authorised officer, or a paramedic, who is performing a function, or exercising a power, under this Act.
Penalty: Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 3 months, or both.
(2) A person must not use threatening, abusive or insulting language to –
(a) the Commissioner; or
(b) a person who is providing ambulance services, or is otherwise performing a function or exercising a power, under this Act; or
(c) an authorised officer, or a paramedic, who is performing a function, or exercising a power, under this Act.
Penalty: Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 3 months, or both.
(3) A person must comply with a lawful requirement or direction made by –
(a) the Commissioner; or
(b) a person who is providing ambulance services, or is otherwise performing a function or exercising a power, under this Act; or
(c) an authorised officer who is performing a function, or exercising a power, under this Act.
Penalty: Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 3 months, or both.
(4) A person must not knowingly provide false or misleading information to –
(a) the Commissioner; or
(b) a person who is providing ambulance services, or is otherwise performing a function or exercising a power, under this Act; or
(c) an authorised officer who is performing a function, or exercising a power, under this Act.
Penalty: Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 3 months, or both.
(5) A person must not impersonate –
(a) the Commissioner; or
(b) an officer of the Ambulance Service who is providing ambulance services, or is otherwise performing a function or exercising a power, under this Act; or
(c) an authorised officer, or a paramedic, who is performing a function, or exercising a power, under this Act.
Penalty: Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 3 months, or both.
(1) Proceedings for an offence under this Act may be commenced –
(a) by the Commissioner, an authorised officer, a police officer, or any person authorised by the Commissioner to do so; and
(b) for and on behalf of the Commissioner.
(2) A police officer may arrest without warrant any person committing an offence against section 39B(1) or (2) .
(3) If in any proceedings for an offence under this Act it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show that –
(a) the conduct was engaged in by an officer or agent of the body corporate within the scope of his or her actual or apparent authority; and
(b) the officer or agent had that state of mind in relation to the conduct.
(1) An officer of the Ambulance Service, or a volunteer ambulance officer acting under the authority of this Act, does not incur any civil or criminal liability in respect of any act done or omitted to be done by the person in good faith –
(a) in providing ambulance services or a prescribed activity; or
(b) in the performance or exercise, or the purported performance or exercise, of any function or power under this Act; or
(c) in the administration or execution, or the purported administration or execution, of this Act.
(2) Subsection (1) does not apply to the provision of non-emergency patient transport services unless those services are provided by an officer of the Ambulance Service while he or she is operating in that capacity.
(a) the person is a member of, or has member-like status within, the Ambulance Service and –
(i) was requested by the Commissioner, or on behalf of the Commissioner, to provide the ambulance services; or
(ii) if no such request was made, but it would be reasonable in the circumstances to expect such a request – is responding as if such a request had been made; and
(b) the person takes leave from his or her employment, whether paid or unpaid, for the duration of the absence.
(a) may prescribe, for infringement offences, the penalties payable under infringement notices; and
(b) may prescribe different penalties for bodies corporate and individuals.
(5) In this section –
infringement offence means an offence against this Act, or the regulations, that is prescribed by the regulations to be an infringement offence.
42
Regulations
42 Regulations
(1) The Governor may make regulations for the purposes of this Act.
(2) *[Section 42 Subsection (2) amended by No. 29 of 1984, s. 3 and Sched. 1 ]**[Section 42 Subsection (2) amended by No. 4 of 1996, s. 6 ]*Without limiting subsection (1) , the regulations may –
(3) [Section 42 Subsection (3) omitted by No. 4 of 1996, s. 6 ][Section 42 Subsection (3) inserted by No. 73 of 2013, s. 35, Applied:01 Jul 2014] The regulations may adopt, either wholly or in part and with or without modification, and either specifically or by reference, any document, whether the document is published or issued before or after the commencement of this Act.
(4) [Section 42 Subsection (4) omitted by No. 4 of 1996, s. 6 ]. . . . . . . .
(5) Regulations under this section may be made subject to such conditions, or be made so as to apply differently according to such factors, as may be specified in the regulations, or according to such limitations or restrictions, whether as to time or circumstance or otherwise, as may be so specified.
(6) [Section 42 Subsection (6) amended by No. 73 of 2013, s. 35, Applied:01 Jul 2014] *[Section 42 Subsection (6) amended by No. 43 of 1991, s. 5 and Sched. 1 ]*Regulations under this section may provide that it is an offence, punishable on summary conviction, for a person to contravene, or fail to comply with, any of the regulations and may provide in respect of any such offence for the imposition of a fine not exceeding 20 penalty units and, in the case of a continuing offence, a further fine not exceeding 0·2 penalty unit for each day during which the offence continues.
(7) A regulation under this section may authorize any matter or thing to be from time to time determined, applied, or regulated by any person specified in the regulation.
43
Transitionals
43 Transitionals
[Section 43 Repealed by No. 22 of 1987, s. 18 ]
(1) If, immediately before the commencement day, a person holds the written consent of the Director under section 37 to provide non-emergency patient transport, however described –
(a) the person is taken, on and after the commencement day, to be the holder of an NEPT licence; and
(b) the written consent –
(i) is taken to be an NEPT licence, in the same terms as the written consent, for the purposes of this Act; and
(ii) may be suspended or cancelled, or otherwise dealt with, in accordance with Part IIIA of this Act; and
(iii) remains in force until the later of the following days:
(A) the day specified in the written consent as the day on which the written consent expires;
(B) the day 2 years from the commencement day.
(2) A person is not guilty of an offence under section 39(1) if the person drives, operates or has charge of, or allows another person to drive, operate or have charge of, a vehicle that –
(a) immediately before the commencement day, was operated under a consent of the Director, under section 37 , to provide non-emergency patient transport; and
(b) on or after the commencement day –
(i) is operated under an NEPT licence by the holder of the consent referred to in paragraph (a) ; and
(ii) displays, as it did immediately before the commencement day, the word "ambulance" other than on the front of the vehicle.
(a) ceases to apply to a vehicle once the vehicle ceases to be operated under an NEPT licence by the holder of the relevant consent referred to in subsection (2)(a) ; and
(b) does not apply to any vehicle purchased or leased after the commencement of the amending Act.
(4) On and after the commencement day –
(a) a reference to the Director in any document that is in force immediately before that day is taken to be a reference to the Commissioner; and
(b) the document is to be construed, and have effect, accordingly.
| Year and number of Act | Short title of Act |
| No. 20 of 1959 | Ambulance Act 1959 |
| No. 2 of 1968 | Ambulance Board of Southern Tasmania (Lands) Act 1968 |
| No. 87 of 1975 | Ambulance Act 1975 |
| No. 88 of 1977 | Ambulance Act 1977 |
| No. 41 of 1978 | Ambulance Act 1978 |
| No. 27 of 1979 | Ambulance Amendment Act 1979 |
| No. 65 of 1979 | Ambulance Amendment Act (No. 2) 1979 |
| No. 17 of 1980 | Ambulance Amendment Act 1980 |
| No. 66 of 1980 | Ambulance Amendment Act (No. 2) 1980 |
| No. 102 of 1980 | Ambulance Amendment Act (No. 3) 1980 |
| No. 16 of 1981 | Ambulance Amendment Act 1981 |
Source text: opening excerpt
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
Part I Preliminary
Part I Preliminary
1 Short title
1 Short title
This Act may be cited as the Ambulance Service Act 1982 .
2 Commencement
2 Commencement
(1) This section and section 1 shall commence on the day on which this Act receives the Royal Assent.
(2) Except as provided in subsections (1) and (3) , this Act shall commence on a date to be fixed by proclamation.
(3) Sections 32 , 33 , 34 , and 35 shall commence on 1st July next following the second commencement date.
3 Interpretation
3 Interpretation
*[Section 3 Amended by No. 29 of 1984, s. 3 and Sched. 1 ][Section 3 Amended by No. 22 of 1987, s. 4 ][Section 3 Amended by No. 59 of 1995, s. 4 ]**[Section 3 Amended by No. 4 of 1996, s. 4 ]*In this Act, except in so far as the context or subject-matter otherwise indicates or requires –[Section 3 Amended by No. 73 of 2013, s. 4, Applied:01 Jul 2014]
[Section 3 Amended by No. 73 of 2013, s. 4, Applied:01 Jul 2014]ambulance means a vehicle –
(a) which is –
(i) specifically equipped for the provision of out-of-hospital clinical care to, and the conveyance of, persons suffering from illness, disability or injury; and
(ii) operated by, or on behalf of, the Ambulance Service to provide ambulance services other than non-emergency patient transport services; or
(b) which is approved by the Commissioner to be so operated;
[Section 3 Amended by No. 73 of 2013, s. 4, Applied:01 Jul 2014]Ambulance Service means Ambulance Tasmania established under this Act;
Finance and accountability: The Commissioner’s funds include parliamentary appropriations, proceeds from disposal of property and fees charged for ambulance services (s 21); accounts must be kept and statements of account prepared with specified superannuation certifications (s 23). The Treasurer must pay the difference between approved expenditure and revenue for each operating year (s 35).
Regulatory regime for NEPT: Part IIIA (ss 35A-35P) creates application, assessment, issue, variation, renewal, suspension and cancellation processes for NEPT licences. The Secretary assesses applications against fit-and-proper-person criteria (s 35B(1)) and operational suitability (s 35B(2)), may impose licence conditions (s 35D(1), 35F), and must provide written reasons for refusals (s 35C(2)). Licensing terms are limited to a maximum of five years (s 35D(2)(d)), licences are non-transferrable except in limited circumstances (s 35E(2), s 35O), and the NEPT holder has duties to notify corporate governance changes (s 35M).
Offences and compliance tools: The Act prohibits provision of ambulance services without the Commissioner’s written consent (s 37) and makes it an offence to provide NEPT services without an NEPT licence (s 37A). Representation and signage rules are regulated (ss 39, 39A). The Act prescribes criminal penalties, civil recovery (s 36(3) for fees), enforcement routes and provisions for infringement notices (s 41B as reproduced). Special provisions protect quality assurance committee proceedings from disclosure and evidence (s 36A).
The Act therefore creates a public-provider model for emergency ambulance services while authorising a regulated private-sector role for non-emergency patient transport under licence. It places licensing, inspection and sanction powers with the Secretary and administrative control with the Commissioner subject to Ministerial oversight.
Main concepts
Definitions and structural concepts in the Act set the legal boundaries for regulated activity.
Ambulance and Ambulance Service: The Act defines “ambulance” narrowly as vehicles specifically equipped for out-of-hospital clinical care and conveyance and operated by/for the Ambulance Service, or approved by the Commissioner (s 3). “Ambulance Service” is Ambulance Tasmania (s 3). That definition ties use of the term ambulance to Commissioner approval or Ambulance Service operation.
NEPT and NEPT licence: Non-emergency patient transport services are defined by medical criteria: patients assessed by an approved health profession as requiring transport but not time-critical or acute; may require basic care or monitoring (s 3). A NEPT licence is the statutory authorisation to provide these services (s 3, s 35D). The licence is a statutory instrument issued by the Secretary subject to conditions, a fee and a maximum five-year term (s 35D(1)-(2)).
Fit and proper person: The Secretary evaluates applicants against fit-and-proper criteria. s 3AA lists considerations , convictions under this Act, financial reputation, character/honesty/integrity, certain convictions within the prior 10 years (including indictable offences where the maximum penalty is imprisonment of at least three months or dishonesty/fraud/trafficking with a similar maximum), and any other relevant matter. Subsection (2) treats “found guilty” as including findings where no conviction is recorded (s 3AA).
Delegation and ministerial direction: The Commissioner may delegate functions by instrument (s 10) and remains free to exercise delegated powers. The Minister can issue written directions to the Commissioner, but these directions cannot require actions beyond statutory powers nor prevent performance of statutory duties (s 9).
Fees, funds and fiscal balance: The Commissioner may charge fees (s 7(1)(ab)) and the Commissioner’s funds include parliamentary appropriations and fees (s 21). The Treasurer pays, for each operating year, the shortfall between approved expenditure and revenue as indicated in the Minister-approved estimate (s 35).
Authorised insignia and representation: Use, manufacture or sale of authorised insignia requires Commissioner permission; unauthorised use carries fines (s 20A). Operating or marking non-ambulance vehicles to imply they are ambulances or paramedic-operated is prohibited unless authorised and, in the case of “paramedic” marking, the vehicle must be staffed by a paramedic (ss 39, 39A).
Powers of entry and inspection: Officers may enter premises or vehicles where there are reasonable grounds to believe urgent ambulance services are required; they must produce ID and may use reasonable force (s 14A). Authorised officers can require production of NEPT vehicles and records for inspection and may use other powers authorised under the Act when conducting inspections (s 35N; ss 19-20 context).
Quality assurance and confidentiality: The Minister can declare committees established by the Commissioner to be approved quality assurance committees, which then receive evidentiary and disclosure protections (s 36A). Those protections include restriction on members divulging information, inadmissibility of committee proceedings as evidence, and immunity from production of certain documents.
Enforcement and review: The Act provides criminal penalties and fines for a range of breaches (ss 37, 37A, 39/39A, 39B, 40). Specific administrative review rights are created for decisions under Part IIIA: aggrieved persons may apply to the Tasmanian Civil and Administrative Tribunal for review of Secretary decisions under that Part (s 35P).
These main concepts structure how public emergency ambulance services are supplied by a statutory provider, how NEPT is opened to licenced providers, what standards and inspections apply, and how the State funds and regulates the system.
Who it affects
The Act allocates duties and imposes obligations on several named groups. State actors and private individuals will be affected in different ways.
Ambulance Tasmania and the Commissioner: The Act creates Ambulance Tasmania (s 4) and the office of the Commissioner (s 5). Those entities bear the responsibilities to manage, co‑ordinate, and deliver out‑of‑hospital clinical care and conveyance (s 6), to set qualifications and training (s 6(g)), to standardise equipment (s 6(d)), and to keep financial accounts and identify funding needs (ss 21-23, 27, 35). The Commissioner has discretion to charge fees, determine the scope of services, and decide whether ambulance presence is required at an incident or event (s 7).
Secretary and the Department: The Secretary has licensing responsibility for NEPT: receiving and assessing applications (s 35A-35C), issuing licences under s 35D, imposing conditions (s 35F) and varying, suspending or cancelling licences (s 35H, 35K). The Secretary also holds delegation and authorisation powers (ss 19-20 context) and certifies financial statements in relation to superannuation obligations (s 23(3)). The Secretary may also be the authorising officer for persons to become authorised officers (s 19).
The Minister and Treasurer: The Minister directs the Commissioner (s 9) within statutory limits and appoints the Tasmanian Ambulance Clinical Council (s 17). The Treasurer approves deposit-taking institutions for Commissioner accounts (s 22) and must pay the amount needed to balance approved expenditure and revenue each operating year (s 35).
Officers, paramedics and volunteers: Persons appointed under ss 14-16 (officers and volunteer ambulance officers) are governed by employment provisions (s 40A on payment of salaries from the Commissioner’s funds) and may exercise powers, subject to protection and limitation. The Act requires certain training and qualification standards to be prescribed (s 42(2)(j)), affecting workforce accreditation and continuing obligations.
NEPT applicants and holders: Any person or corporation that wishes to provide non‑emergency patient transport must apply for and hold an NEPT licence (s 35A(1), s 37A(1)). Corporate licensees must ensure their CEO and each director are fit and proper persons (s 35B(1)(b)), must notify the Secretary of changes to CEO or directors within 30 days (s 35M), must comply with licence conditions (s 35F(2)), and must produce vehicles and records for inspection on request (s 35N). Licences are non‑transferable except in specified circumstances (s 35E(2), s 35O).
Hospitals, residential aged care facilities and event organisers: The Act assigns fee liabilities in particular circumstances. Fees for conveyance between hospitals may be payable by the sending hospital (s 36(2), (4)). A fee may be charged to an organiser of an incident or event the Commissioner determines requires ambulance presence (s 36(1C)). Residential aged care facilities or hospitals wholly or partly maintained by the State may be liable for conveyance fees from an appointed day (s 36(5)).
Other providers and the public: Section 37 makes it an offence to provide ambulance services similar to those provided by the Commissioner without written consent. There are specific exemptions (St John Ambulance - Tasmania and prescribed classes) (s 37(3)). The public is affected by prohibitions on misrepresentation (ss 39, 39A), and by the prohibition on causing false ambulance attendance (s 40).
Third parties interacting with NEPT: Persons who produce documents or vehicles under inspection are afforded limited protection against self-incrimination regarding certain information obtained during inspections (s 35N(2)-(4)), but documents required by law or obtained without their assistance can be used in evidence (s 35N(3)).
In short, the Act affects the statutory ambulance provider and its officers, the Secretary and Minister who regulate services and licences, commercial NEPT providers and their corporate officers, hospitals and aged care facilities that may carry fee liabilities, event organisers who may be charged, and members of the public who interact with, or attempt to impersonate, ambulance services.
Key duties and rights
The Act assigns duties to the Commissioner, the Secretary, licence-holders, and others, while also creating rights and procedural protections.
Duties and powers of the Commissioner:
Manage and co‑ordinate Ambulance Tasmania and the provision of ambulance services statewide (s 6(1)(c), (e), (h); s 6(2)).
Formulate administration and operational policy (s 6(1)(b)).
Standardise equipment and determine qualifications, experience and training standards (s 6(1)(d), (f), (g)).
Charge fees for delivery of services other than services for which a fee is prescribed, waive fees on hardship grounds or for any reason Commissioner thinks fit, recover expenditure made on behalf of others, determine scope of services and determine need for Ambulance Service presence at incidents (s 7(1)(ab), (ac), (ad)). Note: s 7(1A) clarifies that s 7(1)(ad) does not place an obligation on the Commissioner to actively monitor upcoming incidents or events.
Maintain funds, accounts and records, and apply funds for expenses and remuneration only (ss 21-23). The Commissioner is to submit an annual estimate of expenditure and revenue to the Minister before each financial year (s 27).
Duties and powers of the Secretary (in relation to NEPT and authorisations):
Grant, refuse, vary, suspend or cancel NEPT licences; impose conditions; require information for assessment; issue licences on payment of prescribed fees (ss 35A-35D, 35F, 35H, 35K).
Ensure NEPT licence applicants and key corporate officers meet the fit-and-proper person test (s 35B(1); s 3AA sets the criteria).
Issue identity cards to authorised officers and ensure officers produce ID before exercising powers (s 19).
Receive notifications of corporate changes from NEPT licence-holders within 30 days (s 35M).
Duties and obligations of NEPT licence-holders:
Apply in prescribed form with prescribed fee and provide requested information (s 35A(2)-(3)).
Maintain standards and comply with licence conditions and regulations regulating safety, staffing, vehicle maintenance, record-keeping, branding and insurance (ss 35F, 42(2)(d), (f), (h)-(k)).
Produce vehicles and documents for inspection when required by an authorised officer and cooperate with inspectors (s 35N(1)); note the evidentiary protections at s 35N(3).
Notify Secretary of changes in chief executive officer or directors within 30 days and provide particulars (s 35M(1)-(2)).
Account for staff and service quality as required for renewal considerations (s 35G(4)).
Rights, protections and procedures:
Procedural fairness in NEPT decisions: the Secretary must give written reasons for refusals (s 35C(2)), and where the Secretary intends to vary a licence on its own initiative the Secretary must notify the licence-holder and allow not less than 14 days for submissions (s 35H(3)).
Review rights: persons aggrieved by Secretary’s decisions under Part IIIA may apply to the Tasmanian Civil and Administrative Tribunal for review (s 35P).
Protection for NEPT producers from self-incrimination: persons are not excused from inspection obligations on the basis that material might incriminate them, but information obtained as a consequence of inspection is generally not admissible in criminal proceedings against the person, except for certain categories of documents or offences involving false information (s 35N(2)-(3)).
Quality assurance confidentiality: members of approved quality assurance committees are prohibited from divulging information gained in committee proceedings and protected from having to produce such material in other proceedings (s 36A(3)-(6)).
Offences and enforcement duties:
Duty not to provide ambulance services unless authorised by the Commissioner (s 37).
Duty not to provide NEPT unless licenced or as part of Ambulance Service (s 37A).
Duty not to represent an unlicensed person as an NEPT service (s 37B), and restrictions on representations of vehicles/persons as ambulances or paramedics (ss 39, 39A).
Duties to obey lawful directions from the Commissioner or authorised officers at the scene (s 39B(3)).
Financial duties:
The Commissioner must keep proper accounts and include superannuation-related certificates in statements (s 23). The Treasurer is obliged to pay the amount by which approved expenditure exceeds revenue (s 35).
Collectively, duties create a regulatory framework that assigns operational obligations to the Commissioner and administrative/licensing responsibilities to the Secretary, while NEPT operators have compliance obligations and rights to administrative review.
Penalties and enforcement
The Act specifies criminal and civil enforcement mechanisms, monetary penalties (expressed in penalty units), imprisonment for certain conduct, administrative sanctions for licences, and enforcement processes.
Monetary penalties and imprisonment:
Unauthorised provision of ambulance services: fine up to 200 penalty units and, for continuing offences, additional daily fines (s 37(1)). The text shows amendments affecting the fine quantum; the reproduced current text states fine not exceeding 200 penalty units (s 37(1)).
Unauthorised provision of NEPT services: fine not exceeding 100 penalty units and, for continuing offences, a further fine of up to 10 penalty units per day (s 37A(1)).
Representation and signage offences: marking non-ambulance vehicles as “ambulance” or implying ambulance capability carries a fine up to 100 penalty units (s 39(1)); marking as “paramedic” or implying paramedic operation without a paramedic on board also carries a fine up to 100 penalty units (s 39(2)). Presenting as a paramedic personally, or implying a business is staffed by paramedics, also attracts a fine up to 100 penalty units (s 39A(1)-(2)).
Offences against officers, obstructing or assaulting ambulance personnel: contravening s 39B(1) may attract a fine up to 100 penalty units, imprisonment up to 3 months, or both. Use of threatening, abusive or insulting language (s 39B(2)) and failure to comply with lawful requirements (s 39B(3)) carry similar maximum penalties.
False ambulance calls: causing an ambulance to attend by false pretence is punishable by fine up to 100 penalty units or imprisonment up to 12 months, or both; courts may also order convicted persons to pay the Commissioner’s incurred costs for the false attendance (s 40(1)-(3)).
Administrative enforcement for NEPT:
The Secretary may refuse, suspend or cancel an NEPT licence where the licence-holder or its officers are not fit and proper, where health or safety is at risk, where licence conditions or the Act/regulations are not complied with, or where the holder has been found guilty of an offence under the Act (s 35K(1)). Suspension can be indefinite and may be revoked (s 35K(5)(a)-(b)). Suspension or cancellation requires written notice with reasons and a right to make submissions, except where urgent action is needed in the interests of public safety (s 35K(3)-(6)).
The Secretary must regard public safety as paramount in suspension/cancellation decisions (s 35K(2)).
Licence variation: Secretary may vary licence conditions on application or on own initiative with notification and 14-day submissions period (s 35H(1)-(4)).
Civil recovery and debt:
The Commissioner may recover fees payable for ambulance services as a debt in a court of competent jurisdiction (s 36(3)). Courts may also order repayment of cost in false call convictions (s 40(2)-(3)).
Infringement notices and summary offences:
The Act provides for authorised officers or police to issue infringement notices when they reasonably believe an infringement offence has occurred (s 41B(1)). The regulations may prescribe which offences are infringement offences and the penalty amounts (s 41B(4)). The text reproduced shows s 41B content (despite earlier annotations of repeal in the historical notes); where applicable, infringement notice procedure follows the Monetary Penalties Enforcement Act format (s 41B(3)).
Procedural enforcement mechanisms and review:
Proceedings for offences may be commenced by the Commissioner, an authorised officer, a police officer or a person authorised by the Commissioner, and prosecutions may be conducted on behalf of the Commissioner (s 39C(1)).
Arrest without warrant by police is authorised for offences under s 39B(1) or (2) (s 39C(2)).
Review rights: persons aggrieved by Secretary decisions under Part IIIA may apply to the Tasmanian Civil and Administrative Tribunal (s 35P). The Act requires written notification and reasons for licence refusals and refusals to vary (ss 35C(2), 35H(6)).
Evidence and confidentiality protection:
Quality assurance committee proceedings are protected from disclosure and deemed inadmissible as evidence in proceedings (s 36A(3)-(6)). This limits use of committee materials in enforcement actions outside the committee context.
Taken together, the Act deploys criminal sanctions, fines, administrative licence controls, civil debt recovery and infringement notice regimes to enforce compliance. The Secretary’s administrative discretion is broad but constrained procedurally through written reasons, notice and review rights for NEPT decisions.
How it interacts with other laws
The Act expressly cross-references and interfaces with several other statutes and legal regimes, creating layered regulatory, employment, and financial obligations.
Statutory cross-references and incorporation:
State Service Act 2000: Appointments and employments of staff for the Commissioner are to be subject to and in accordance with the State Service Act 2000 (ss 14(2), 15(1)-(2)). The Commissioner’s appointment as a State Service officer and incorporation as a corporation sole is also tied to State Service provisions (s 5(1)-(2)).
Vehicle, marine and traffic law: “Motor vehicle” is defined by reference to the Vehicle and Traffic Act 1999 (s 3); “vessel” references the Marine and Safety Authority Act 1997 when defining “vehicle” to include vessels (s 3). This links vehicle legality and road rules to other regimes.
Workers Rehabilitation and Compensation Act 1988 and other compensation statutes: Section 36(1) makes a fee payable by/for a person entitled to recover that fee under the Workers Rehabilitation and Compensation Act 1988, the Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011, the Motor Accidents (Liabilities and Compensation) Act 1973, the Veterans’ Entitlements Act 1986 (Cth) or any other enactment. Section 40A(2) deems the Crown to be the employer for persons appointed or employed under ss 14 and 15 for purposes of the Workers Rehabilitation and Compensation Act 1988.
Superannuation law: The Act requires the Commissioner’s statement of accounts to include a certificate that the Commissioner has met obligations under the Superannuation Guarantee (Administration) Act 1992 (Cth) in respect of any Ambulance member who is or becomes a member of an RSA or complying superannuation scheme to which the Commissioner contributes (s 23(3)). Section 23(5) defines terms with reference to the Public Sector Superannuation Reform Act 2016 and the Retirement Savings Accounts Act 1997 (Cth).
Emergency Management Act 2006: “Statutory service” in s 14B references the definition in the Emergency Management Act 2006; the on-scene interaction rules presume multi-agency incidents regulated under emergency management law (s 14B(3)).
Monetary Penalties Enforcement Act 2005: Infringement notices under s 41B are to be in accordance with s 14 of the Monetary Penalties Enforcement Act 2005 (s 41B(3)(a)).
Health and other Acts: Several references appear to other health statutes, for example the Mental Health Act 2013 in the context of approved hospitals (s 36(2)(d)) and the Health Complaints Act 1995 and Ombudsman Act 1978 are disapplied to certain disclosures to quality assurance committees (s 36A(8)).
Regulatory delegation and compliance layering:
The Governor, by regulation, may prescribe a scale of fees, safety and staffing standards for NEPT services, records to be kept, conditions for NEPT licences, qualifications and training methods for officers and paramedics, and exemptions (s 42(2)(a), (d)-(f), (g), (h), (j), (k)). That places operational detail into regulation, creating a layered compliance structure where primary statute defines principles and regulations provide standards and enforcement specifics.
The Act also permits adoption by regulation of external documents by reference (s 42(3)), enabling incorporation of codes or national standards into regulatory requirements.
Administrative law and review:
Decisions under Part IIIA are reviewable by the Tasmanian Civil and Administrative Tribunal (s 35P). That creates a defined administrative law pathway for licence disputes.
The Commissioner’s and Secretary’s actions are subject to State administrative governance (e.g. ministerial directions under s 9 must be in writing), and certain actions (e.g. delegation instruments) have evidentiary presumptions in courts (s 10(6)).
Criminal, civil and employment law overlap:
The Act’s criminal prohibitions and fines interact with criminal justice procedures (s 39C(2) authorises arrests for specified offences). The Commissioner can recover fees as a civil debt (s 36(3)), and employment protections for persons absent from employment to provide ambulance services refer to industrial awards and agreements (s 41A).
In sum, the Act establishes a regulatory core that must be implemented alongside State service employment law, compensation and superannuation law, emergency management law, vehicle and traffic law, monetary penalty enforcement procedures and delegated regulations and codes. That creates multiple compliance points and cross-institutional dependencies for both the Ambulance Service and NEPT providers.
Amendment history
The Act text includes inline annotations that identify numerous amendments, insertions and repeals. The source’s annotations (as reproduced) show the Act has been the subject of multiple legislative interventions over the years; major themes are institutional reform, insertion of NEPT licensing, and procedural detail.
Selected amendments and insertions recorded in the text (non-exhaustive list, based on the annotations present in the source):
Early structural changes and repeals: Several sections were repealed by No. 22 of 1987; ss 11-13 and various Part III Division 2 sections and schedules show repeals associated with that instrument (annotations across the text indicate repeals by No. 22 of 1987, s 16, s 18, etc.).
1984 amendments: Multiple references to No. 29 of 1984 (Sched. 1) indicate substitution of sections and changes to officers and schedules (e.g. ss 14 and 15).
1995 and 1996 amendments: Insertions such as s 36A (quality assurance committees) were made by No. 41 of 1995 (s 6). Section 3AA (fit and proper person) was inserted by No. 73 of 2013 (s 5 applied 01 Jul 2014), but there are also references to amendments in 1995 and 1996 to definitions and other provisions.
1999-2001 amendments: References to No. 90 of 1999 and No. 86 of 2000 show definition and administrative changes, including State Service alignment (s 5 amendments by No. 86 of 2000 applied 01 May 2001).
2006 changes: The text records amendments by No. 2 of 2006, Sched. 2 (applied 30 Jun 2006) affecting definitions and certain financial reporting provisions (s 23 insertions), and repeals of sections such as 41, 41A and 41B appear in that instrument’s annotations in the historical notes.
2013 comprehensive amendment: A substantial set of amendments, insertions and a new Part IIIA for NEPT are marked as the Ambulance Service Amendment Act 2013 (No. 73 of 2013) applied 01 Jul 2014. Many definitions (ambulance, Ambulance Service, NEPT licence, NEPT Service), the powers to charge fees (s 7(1)(ab)), the NEPT licensing regime (ss 35A-35P), authorised insignia (s 20A), powers of entry (s 14A) and on-scene authority (s 14B), as well as regulatory powers and standards (s 42(2)(d)-(k)), were inserted or amended under that instrument.
2019 technical updates: Amendments by No. 15 of 2019 (Sched. 1, applied 28 Jun 2019) adjusted penalty units and some notification obligations (e.g. s 35M(1) penalty amended).
2017 superannuation alignment: s 23(5) amendments reference the Public Sector Superannuation Reform Act 2016 (applied 31 Mar 2017) to align superannuation terminology and certification requirements.
2025 annotation: The source includes an amendment marker for s 35P by No. 7 of 2025, s 9 applied 01 Jul 2025, indicating a future amendment as reproduced in the source. The text still records s 35P providing review to the Tasmanian Civil and Administrative Tribunal.
Other historical annotations include repeated amendments to various subsections and schedules across time (No. 5 of 1990, No. 41 of 1995, No. 33 of 2007, No. 50 of 2008, No. 54 of 2016, etc.). Schedules 1-7 show multiple repeals and amendments; Schedule 8 lists pre-1982 Ambulance Acts repealed by s 46.
The cumulative annotation record in the Act shows the statute has been periodically modernised to:
centralise ambulance functions under a Commissioner and Ambulance Tasmania,
adapt to State Service employment arrangements,
introduce NEPT regulation in 2013,
add modern administrative safeguards (fit-and-proper tests, delegation rules, on-scene coordination),
align financial reporting and superannuation certification with Commonwealth law.
Any practitioner relying on the Act should consult the official consolidated Act and the regulation-making instruments noted in s 42 to see the current fee scales, NEPT conditions and technical standards, because the Act delegates much operational detail to regulations and contains multiple amendment overlays.
Litigation history
The source text itself does not recite any judicial decisions, case law or litigation outcomes. It does, however, create the administrative and judicial fora where disputes may be litigated or reviewed:
Administrative review: Part IIIA expressly provides a route for review of Secretary decisions under that Part , an aggrieved person may apply to the Tasmanian Civil and Administrative Tribunal for review of a decision of the Secretary (s 35P). That is the statutory administrative-review mechanism for licensing decisions covered by Part IIIA.
Criminal and civil proceedings: The Act contemplates criminal prosecutions for offences under the Act and provides for who may commence proceedings (the Commissioner, an authorised officer, a police officer, or any person authorised by the Commissioner) and that prosecutions may be brought for and on behalf of the Commissioner (s 39C(1)). It also authorises police to arrest without warrant for some offences (s 39C(2)). The Commissioner can recover fees as a debt in a court of competent jurisdiction (s 36(3)), and courts may order payment of costs in false‑call cases (s 40(2)-(3)).
Evidence protections and admissibility: The Act provides for non-admissibility of quality assurance committee proceedings (s 36A(6)), which will shape evidentiary rulings in litigation. It also limits admissibility of inspection-obtained information against the person who produced it, except in certain circumstances (s 35N(3)).
Because the legislative text does not include case citations, the Act cannot be reported here as having a litigation history derived from the source. Practitioners requiring precedent-based interpretation should search Tasmanian and relevant Federal decisions for judicial treatment of the Commissioner’s powers, fit-and-proper person assessments, licence suspensions, and offences under this Act, and should map those decisions to the statutory provisions reproduced here.
Gotchas
The Act contains multiple drafting and practical points that can produce traps for operators, applicants, and public agencies. These are concrete, source‑grounded mechanics to watch for.
Fit-and-proper test scope and evidence standard (s 3AA and s 35B(1)):
The Secretary’s fit-and-proper assessment is broad, expressly including findings of guilt even where no conviction is recorded (s 3AA(2)). The Secretary may consider financial reputation, character and any relevant matters (s 3AA(1)(b)-(e)). Applicants should therefore expect a holistic investigation; absence of a recorded conviction does not automatically avoid adverse findings.
Non-transferability of NEPT licences and limited succession routes (ss 35E(2), 35O):
NEPT licences are non‑transferrable except as provided in s 35O relating to the death of a licence-holder and the limited 3‑month continuation that may be permitted to legal representatives (s 35O(1)-(3)). Businesses planning structural changes, sales or mergers must factor in licensing constraints and plan early for Secretary approval of variations (s 35H) or transfers may be practically infeasible.
The Secretary can impose conditions when issuing a licence (s 35D(1)), may vary or impose conditions on own initiative subject to procedural notice (s 35H), and may suspend or cancel a licence where safety is at risk or fit-and-proper criteria fail (s 35K). While procedural protections are provided (notice, submissions, written reasons), the Secretary is given broad evaluative power and public safety is the paramount consideration for suspensions (s 35K(2)). Licence-holders can therefore face abrupt operational consequences in the name of public safety.
Inspector powers and evidentiary protections (s 35N(1)-(4)):
Authorised officers may require production of vehicles and documents for inspection; persons are not excused from compliance on self-incrimination grounds (s 35N(2)). However, information obtained is generally not admissible in criminal proceedings against the producer except for documents the person is required to keep, documents required to be kept by the holder under law, or documents obtained without the producer’s direct assistance (s 35N(3)). This creates a nuanced interplay between compliance obligations and evidentiary risk , compliance still creates material that may be used civilly or administratively and, in some narrow circumstances, criminally.
Representation and signage rules (ss 39, 39A):
Strict prohibitions exist on marking or presenting vehicles/businesses/people in a way that implies ambulance or paramedic capability unless authorised and appropriately staffed (ss 39, 39A). Businesses that use similar livery or branding risk fines; staff presentation and signage policies must align precisely with statutory staffing on any vehicle marked “paramedic”.
Authorised insignia and manufacturing prohibition (s 20A):
Manufacture or sale of authorised insignia, or items reasonably capable of being mistaken for authorised insignia, without Commissioner permission is an offence with substantial fines (s 20A(2)). Event suppliers, costume manufacturers and resellers must seek Commissioner permission or risk fines.
Fee allocation pitfalls (s 36 and s 7(1)(ad)):
Fees are chargeable in multiple contexts: fees payable by persons recoverable under certain compensation laws (s 36(1)), fees payable by hospitals for inter-hospital conveyances (s 36(2), (4)), and fees payable by event organisers if the Commissioner determines ambulance presence is required (s 36(1C)). Organisers and hospitals should be aware of these possible liabilities and seek clarity early; the Commissioner may determine organisers are accountable (s 36(1C)(b)).
Quality assurance confidentiality limiting evidence (s 36A):
Proceedings and documents of approved quality assurance committees are protected from disclosure and are inadmissible as evidence (s 36A(3)-(6)). That protection can complicate external reviews or litigation where committee findings might otherwise be relevant.
Delegation and signature presumptions (s 10):
Delegations by the Commissioner may be subject to conditions, yet instruments purporting to be signed by delegates will be received in evidence and presumed valid until contrary proved (s 10(6)). Parties relying on the authority of a delegate should confirm delegation records to avoid later challenge.
Overlap and regulatory detail delegated to regulations (s 42):
Much of the operational detail is delegated to regulations (s 42(2)(a), (d), (f), (h), (j), (k)), including the fee scales and NEPT operational standards. Compliance requires reading both the Act and the regulations; the Act alone does not give full operational guidance.
Transitional and exemption complexities (s 37(3), s 43):
The Act preserves prior arrangements for some operators (e.g., St John Ambulance - Tasmania exemption in s 37(3)(a)), and a transitional provision (s 43) (historical note) treated pre-existing consents as NEPT licences for limited periods. Practitioners should check current regulations for any remaining prescribed exemptions or historical vesting rights.
Evidence admissibility nuances for inspection material (s 35N(3)):
Information obtained via an inspection may be inadmissible criminally against the person who produced it, but documents required to be kept by law or obtained without direct assistance are admissible. Legal counsel should distinguish between mandatory records and ad hoc materials during inspection compliance.
In short, the Act mixes broad public-safety discretion with specific obligations for private providers. The practical “gotchas” arise from fit-and-proper assessments, licence non-transferability, the Secretary’s wide remedial powers, evidence protections, and delegated regulatory detail.
How to comply
This section provides a practical compliance checklist and recommended processes mapped to statutory requirements in the Act. Each step cites the relevant statutory provision.
Determine whether your activity requires authorisation
Emergency ambulance services are the domain of Ambulance Tasmania (ss 4, 37). Do not provide ambulance services similar to the Commissioner’s without written consent (s 37(1)).
NEPT: if your service is non-emergency patient transport, confirm that it satisfies the Act’s definition (s 3) and apply for an NEPT licence before providing services (s 35A(1), s 37A(1)).
Prepare and lodge a complete NEPT application
Apply in the form approved by the Secretary and include the prescribed fee (s 35A(2)). Be prepared to supply any further information requested by the Secretary; the Secretary may refuse to consider incomplete applications (s 35A(3)).
Anticipate fit-and-proper scrutiny: if a natural person, ensure you can demonstrate fitness; if a corporation, ensure CEO and all directors meet fit-and-proper criteria per s 35B(1) and the matters in s 3AA.
Meet operational and quality standards
Prepare documentation on equipment, vehicle suitability, staff operating arrangements, quality assurance, monitoring and evaluation processes; the Secretary may assess these matters under s 35B(2).
Expect regulations to specify staffing qualifications, vehicle maintenance, infection control, welfare of patients and insurance (s 42(2)(d), (j)). Ensure staff hold qualifications prescribed by regulation (s 42(2)(j)) and that training methods align with regulation (s 42(2)(k)).
Establish compliant branding, insignia and staffing practices
Do not manufacture, sell or use authorised insignia without Commissioner permission (s 20A(1)-(3)). Avoid vehicle or business presentations that imply ambulance or paramedic capability unless authorised and appropriately staffed (ss 39, 39A). If marketing as paramedic-staffed, ensure a paramedic is actually on the vehicle.
Records, inspections, and document production
Implement record-keeping systems consistent with regulations and licence conditions (s 42(2)(f)). Obtain legal advice on what documents are “required to be kept by law” given s 35N(3) limits admissibility of inspection-derived information.
Design internal policies for responding to inspection requisitions: produce vehicles and records at a specified time/place when required by authorised officers (s 35N(1)), and ensure staff understand that statutory protections do not exempt production obligations (s 35N(2)-(4)).
Corporate governance and notification duties
If the licence-holder is a body corporate, have procedures for notifying the Secretary within 30 days when a person ceases to be or is appointed as CEO or director; include the required particulars (s 35M(1)-(2)). Consider corporate vetting and succession planning given fit-and-proper requirements (s 35B, s 3AA).
Licence management: renewal, variation and suspension preparation
Keep continuous compliance records to meet renewal tests (s 35G(4)), start renewal process at least three months before expiry (s 35G(1)) and plan for late fees if applying later (s 35G(3)).
If seeking licence variation, apply in the prescribed form and fee (s 35H(2)). If the Secretary proposes a variation, provide submissions within the 14-day window (s 35H(3)).
Where suspension or cancellation risks exist, track any incidents, corrective actions, risk assessments and remediation to support submissions under s 35K(3)-(4). Keep public-safety documentation ready because s 35K(2) says public safety is the paramount consideration.
Financial and superannuation compliance
Maintain proper accounts and records, ensure payments are correctly authorised, and include the Commissioner’s superannuation certificate per s 23(3) in statements. Ensure funds management follows ss 21-23 and account-holding rules in s 22.
If arranging fee payments for services provided outside standard coverage (for events, interstate residents, Commonwealth/state functions), confirm who is liable under s 36(1B)-(1C) and obtain written agreements where practicable.
Staff recruitment, training and accreditation
Recruit staff to the standards specified by regulation and Commissioner policy (s 6(g); s 42(2)(j)-(k)). If you mark vehicles “paramedic”, ensure staffing includes a paramedic at the time (s 39(2)). Maintain training records and accreditation evidence for inspection.
Legal and risk management
Design contractual terms with hospitals, residential aged care facilities, event organisers and insurers to reflect statutory fee liabilities (s 36(2), (4), (5), (1C)). Ensure insurance types and amounts meet regulatory prescription (s 42(2)(d)(vi)).
Implement compliance escalation processes for interactions with authorised officers and the Commissioner; ensure timely responses to notices, submissions and reissuance requests under s 35H and s 35K.
Administrative review and dispute resolution planning
Understand the right to review Secretary decisions under Part IIIA at the Tasmanian Civil and Administrative Tribunal (s 35P). Retain documentary records and establish processes for prompt written submissions and appeals if licences are refused, varied or cancelled.
For offences and infringement notices, ensure systems for responding to notices and coordinating legal representation. Note that prosecution may be by the Commissioner or authorised officers (s 39C(1)).
Event planning and coordination with Commissioner
For planned events that may attract an ambulance presence, coordinate early with the Commissioner to determine whether a fee will be charged under s 36(1C), and to avoid last‑minute determinations and liability surprises.
This compliance checklist aligns statutory duties and practical actions. Because operational standards and many offence structures are set or elaborated in regulations, compliance requires simultaneous monitoring of regulations made under s 42 and any standards or documents adopted by regulation (s 42(3)). Legal review is recommended for licence applications, fit-and-proper evidence, inspection responses, and contractual allocations of fee liability.
[Section 3 Amended by No. 73 of 2013, s. 4, Applied:01 Jul 2014]ambulance services means services relating to the work of rendering out-of-hospital clinical care to, and the conveyance of, persons suffering from illness or injury;
[Section 3 Amended by No. 2 of 2006, Sched. 2, Applied:30 Jun 2006][Section 3 Amended by No. 73 of 2013, s. 4, Applied:01 Jul 2014]
[Section 3 Amended by No. 73 of 2013, s. 4, Applied:01 Jul 2014]approved health profession means a class of health profession that has been approved by the Commissioner for the purposes of this definition;
[Section 3 Amended by No. 73 of 2013, s. 4, Applied:01 Jul 2014]authorised insignia means insignia authorised under section 20A(1) ;
[Section 3 Amended by No. 73 of 2013, s. 4, Applied:01 Jul 2014]authorised officer means a person authorised under section 19 ;
[Section 3 Amended by No. 73 of 2013, s. 4, Applied:01 Jul 2014]Commissioner means the Commissioner of Ambulance Services holding office under this Act;
[Section 3 Amended by No. 73 of 2013, s. 4, Applied:01 Jul 2014]equipment includes vehicles, radios, plant, appliances, and other implements used for or in connection with the provision of ambulance services;
[Section 3 Amended by No. 73 of 2013, s. 4, Applied:01 Jul 2014]fit and proper person means a person who the Secretary, after taking into account matters referred to in section 3AA , is satisfied is a fit and proper person;
functions includes duties;
[Section 3 Amended by No. 73 of 2013, s. 4, Applied:01 Jul 2014]
[Section 3 Amended by No. 73 of 2013, s. 4, Applied:01 Jul 2014]insignia means, unless otherwise prescribed –
(a) any items such as uniforms, emblems, logos, devices, accoutrements and other things that are generally recognised as pertaining to the Ambulance Service; or
(b) any part of such items; or
(c) any reasonable imitation or replica of such items or parts; or
(d) any thing, or class of things, that is prescribed for the purposes of this definition;
[Section 3 Amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000]
[Section 3 Amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000]motor vehicle has the same meaning as in the Vehicle and Traffic Act 1999 ;
[Section 3 Amended by No. 73 of 2013, s. 4, Applied:01 Jul 2014]NEPT licence means a licence issued under section 35D(1) ;
[Section 3 Amended by No. 73 of 2013, s. 4, Applied:01 Jul 2014]NEPT Service means a service that provides non-emergency patient transport services;
[Section 3 Amended by No. 73 of 2013, s. 4, Applied:01 Jul 2014][Section 3 Amended by No. 15 of 2019, Sched. 1, Applied:28 Jun 2019]
[Section 3 Amended by No. 15 of 2019, Sched. 1, Applied:28 Jun 2019]non-emergency patient transport services means transport services that relate solely to the provision of transport on public roads or by air or water of patients –
(a) whose medical needs have been assessed by a member of an approved health profession as –
(i) requiring patient transport; and
(ii) not being time-critical or acute; and
(b) who may require –
(i) basic care and observation; or
(ii) clinical care and monitoring;
officer of the Ambulance Service means a person appointed pursuant to section 14(2) to provide ambulance services;
[Section 3 Amended by No. 17 of 2006, Sched. 3, Applied:01 Oct 2011][Section 3 Amended by No. 73 of 2013, s. 4, Applied:01 Jul 2014][Section 3 Amended by No. 23 of 2022, s. 8, Applied:24 Oct 2022]
[Section 3 Amended by No. 73 of 2013, s. 4, Applied:01 Jul 2014]regulations means regulations made under this Act;
[Section 3 Amended by No. 73 of 2013, s. 4, Applied:01 Jul 2014]Secretary means Secretary of the Department;
repealed Act means the Ambulance Act 1959;
second commencement date means the date fixed by proclamation under section 2(2) ;
[Section 3 Amended by No. 2 of 2006, Sched. 2, Applied:30 Jun 2006]
third commencement date means 1st July referred to in section 2(3) ;
[Section 3 Amended by No. 73 of 2013, s. 4, Applied:01 Jul 2014]vehicle includes –
(a) a motor vehicle; and
(b) an aircraft; and
(c) a vessel within the meaning of the Marine and Safety Authority Act 1997 ; and
(d) any other prescribed means of transport;
[Section 3 Amended by No. 73 of 2013, s. 4, Applied:01 Jul 2014]volunteer ambulance officer means a person appointed and holding office under section 16 .
[Section 3 Amended by No. 2 of 2006, Sched. 2, Applied:30 Jun 2006]
3AA Fit and proper person
3AA Fit and proper person
[Section 3AA Inserted by No. 73 of 2013, s. 5, Applied:01 Jul 2014]
(1) In determining whether or not a person is a fit and proper person for the purposes of this Act, the Secretary may take into account any one or more of the following matters:
(a) whether or not the person has been found guilty of an offence against this Act;
(b) whether or not the person is of sound financial reputation and has a stable financial background;
(c) whether or not the person is of good repute, having regard to the character, honesty and integrity of the person;
(d) whether or not the person has been found guilty of one of the following offences within the immediately previous 10 years, regardless of where the person was convicted:
(i) an indictable offence against the person where the maximum penalty for the offence is a term of imprisonment of at least 3 months;
(ii) an offence of dishonesty, fraud, or trafficking, where the maximum penalty for the offence is a term of imprisonment of at least 3 months;
(e) any other matter the Secretary thinks relevant.
(2) For the purposes of subsection (1) , a person is found guilty of an offence even if a conviction is not recorded in respect of the person being found guilty of the offence.
3AB.
[Section 3AB Inserted by No. 73 of 2013, s. 5, Applied:01 Jul 2014][Section 3AB Repealed by No. 23 of 2022, s. 9, Applied:24 Oct 2022]
3A Act binds Crown
3A Act binds Crown
*[Section 3A Inserted by No. 105 of 1987, s. 4 ]*This Act binds the Crown not only in right of Tasmania but also, so far as the legislative power of Parliament permits, binds the Crown in all of its other capacities.
Part II Administration
Part II Administration
4 Ambulance Tasmania
4 Ambulance Tasmania
[Section 4 Amended by No. 29 of 1984, s. 3 and Sched. 1 ][Section 4 Amended by No. 73 of 2013, s. 6, Applied:01 Jul 2014] There is established by this Act an ambulance service to be called the "Ambulance Tasmania" which shall be under the control of the Commissioner and which shall consist of all persons appointed and holding office pursuant to section 14 , 15(1) , or 16 .
5 Appointment and incorporation of Commissioner of Ambulance Services
5 Appointment and incorporation of Commissioner of Ambulance Services
(1) [Section 5 Subsection (1) amended by No. 73 of 2013, s. 7, Applied:01 Jul 2014][Section 5 Subsection (1) amended by No. 73 of 2013, s. 7, Applied:01 Jul 2014][Section 5 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] *[Section 5 Subsection (1) amended by No. 5 of 1990, s. 3 and Sched. 1 ]*The Minister administering the State Service Act 2000 may appoint a State Service officer or State Service employee to be Commissioner of Ambulance Services who is, by this subsection, incorporated as a corporation sole with the corporate name "Commissioner of Ambulance Services".
(2) [Section 5 Subsection (2) amended by No. 73 of 2013, s. 7, Applied:01 Jul 2014][Section 5 Subsection (2) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] *[Section 5 Subsection (2) inserted by No. 5 of 1990, s. 3 and Sched. 1 ]*The person holding office as Commissioner of Ambulance Services shall hold that office in conjunction with State Service employment.
(3) [Section 5 Subsection (3) omitted by No. 22 of 1987, s. 5 ]. . . . . . . .
(4) [Section 5 Subsection (4) amended by No. 73 of 2013, s. 7, Applied:01 Jul 2014] The Commissioner–
(a) has perpetual succession;
(b) shall have a common seal;
(c) may sue and be sued in his corporate name; and
(d) may do, and be subject to, all other things that corporations may by law do and be subject to and that are necessary for or incidental to the purpose for which he is incorporated.
(5) [Section 5 Subsection (5) amended by No. 73 of 2013, s. 7, Applied:01 Jul 2014] All courts, judges, and persons acting judicially shall take judicial notice of the common seal of the Commissioner affixed to a document and shall presume that it was duly affixed.
(6) [Section 5 Subsection (6) omitted by No. 5 of 1990, s. 3 and Sched. 1 ]. . . . . . . .
6 Functions of Commissioner
6 Functions of Commissioner
(1) [Section 6 Subsection (1) amended by No. 73 of 2013, s. 8, Applied:01 Jul 2014] *[Section 6 Subsection (1) amended by No. 22 of 1987, s. 6 ]*The Commissioner has the following functions:
(a) . . . . . . . .
(b) to formulate policy in respect of the administration and operation of the Ambulance Service;
(c) [Section 6 Subsection (1) amended by No. 73 of 2013, s. 8, Applied:01 Jul 2014] to co-ordinate and direct the development of all ambulance services throughout the State;
(d) to standardize, as far as practicable, equipment used or intended to be used throughout the State for or in connection with the provision of ambulance services;
(e) to ensure that effective ambulance services are provided throughout the State;
(f) [Section 6 Subsection (1) amended by No. 73 of 2013, s. 8, Applied:01 Jul 2014] to develop and maintain training facilities for the use of officers of the Ambulance Service and volunteer ambulance officers;
(g) to determine the qualifications required to be held by, and the standards of experience, training, and efficiency required of, officers of the Ambulance Service;
(h) [Section 6 Subsection (1) amended by No. 73 of 2013, s. 8, Applied:01 Jul 2014] to co-ordinate the provision throughout the State of ambulances and other means of transport for the conveyance of persons suffering from illness or injury other than non-emergency patient transport services;
(i) such other functions as are imposed or conferred on him by or under this Act.
(2) [*[Section 6 Sub
This is an opening excerpt, not the complete document.