Part 6Ambulance services

Part 6—Ambulance services Division 1—South Australian Ambulance Service (SAAS) 49—Continuation of SAAS (1) The SA Ambulance Service Inc (SAAS) continues in existence (as the same body corporate but now to be constituted under this Act). The SA St John Ambulance Service Inc, incorporated on 1 July 1993 under the Associations Incorporation Act 1985 for the purpose of carrying on the business of providing ambulance services, continued in existence under the Ambulance Services Act 1992 under the name SA Ambulance Service Inc (SAAS). (2) SAAS— (a) is a body corporate; and (b) has perpetual succession and a common seal; and (c) is capable of suing and being sued; and (d) has all the powers of a natural person that are capable of being exercised by a body corporate; and (e) has the functions and powers assigned or conferred by or under this or any other Act. (3) SAAS is an agency of the Crown and holds its property on behalf of the Crown. (4) Subsection (3) does not apply to the extent that SAAS holds any property on trust. (6) The staff of SAAS will be constituted by— (a) persons employed under this Division to perform functions in connection with the operations or activities of SAAS (subject to any direction or arrangement under this Division); and (b) volunteers who are appointed by SAAS to perform functions in connection with the operations or activities of SAAS. 50—Management arrangements (1) The Chief Executive is responsible for the administration of SAAS. (2) The Chief Executive may, by instrument in writing, appoint— as the chief executive officer of SAAS. (3) An appointment under subsection (2) is revocable at will and does not prevent the Chief Executive from acting personally in a matter. (4) In addition, a person acting under subsection (2) is subject to the control and direction of the Chief Executive (although the Chief Executive cannot give a direction concerning the clinical treatment of a particular person). (5) An act done or decision made by the Chief Executive, or a person acting under subsection (2), in the administration or management of SAAS (including by exercising a power of SAAS under this or any other Act) is an act or decision of SAAS. 51—Functions and powers of SAAS (1) The functions of SAAS are— (a) to provide ambulance services envisaged by this Part (making use of the services of both volunteer and employed staff); and (b) to carry out any other functions assigned or conferred to SAAS by or under this or any other Act. (2) SAAS may, if— (a) an identified major incident, a major emergency or a disaster is declared under the Emergency Management Act 2004; or (b) a public health incident or a public health emergency is declared under the South Australian Public Health Act 2011, direct a person holding a restricted ambulance service licence to assist with the provision of response and recovery operations in such a manner as the SAAS sees fit. (3) SAAS should confer with the person before taking steps to issue a direction to a person under subsection (2). (4) SAAS may, for the purpose of performing its functions, exercise any powers that are necessary or expedient for, or incidental to, the performance of its functions. (5) SAAS may, for example— (a) enter into any form of contract or arrangement; (b) acquire, hold, deal with and dispose of real and personal property; (c) provide and maintain appliances and equipment; (d) establish, maintain or monitor alarm systems; (e) make representations and provide advice relating to ambulance services; (f) publish or disseminate information. (6) SAAS is capable of administering any property on trust or accepting gifts (and, if any gift is affected by a trust, is empowered to carry out the terms of the trust). (7) Without limiting any other provision, SAAS may establish any fund (including a gift fund) or account. (8) SAAS may exercise its powers within or outside the State. 52—Employed staff (1) An employing authority may employ persons to perform functions in connection with the operations or activities of SAAS (and accordingly to be a member of the staff of SAAS, subject to the operation of this section). (2) The terms and conditions of employment of a person under subsection (1) will be fixed by the employing authority and approved by the Commissioner for Public Sector Employment. (3) A person employed under this section will be taken to be employed by or on behalf of the Crown (but will not be employed in the Public Service of the State unless brought into an administrative unit under the Public Sector Act 2009). (4) An employing authority may direct a person employed under this section to perform functions in connection with the operations or activities of an incorporated hospital, an incorporated health service, or any other public sector agency, specified by the employing authority (and the person must comply with that direction). (5) An employing authority is, in acting under this section, subject to direction by the Minister. (6) However, no Ministerial direction may be given by the Minister relating to the appointment, transfer, remuneration, discipline or termination of a particular person. (7) An employing authority may delegate a power or function under this section. (8) A delegation under subsection (7)— (b) may be made to a body or person (including a person for the time being holding or acting in a specified office or position); and (d) may, if the instrument of delegation so provides, allow for the further delegation of a power or function that has been delegated; and (9) A change in the person who constitutes an employing authority under this Act will not affect the continuity of employment of a person under this section. (10) SAAS must, at the direction of the Minister, the Treasurer or an employing authority, make payments with respect to any matter arising in connection with the employment of a person under this section (including, but not limited to, payments with respect to salary or other aspects of remuneration, leave entitlements, superannuation contributions, taxation liabilities, workers compensation payments, termination payments, public liability insurance and vicarious liabilities). (11) SAAS does not have the power to employ any person unless specifically authorised by the Minister. (12) SAAS may, under an arrangement established by the responsible Minister or, if relevant, approved by a responsible public sector entity, make use of the staff, services or facilities of an administrative unit or another public sector agency. 52A—SAAS workforce culture and staff wellbeing SAAS must— (a) promote a healthy workforce culture for and among staff employed to work within SAAS; and (b) implement measures to provide for and promote the health, safety and wellbeing of those staff within the workplace (including the psychosocial health, safety and wellbeing of staff); and (c) implement policies issued by the Chief Executive on workforce health, safety and welfare (including policies on workforce harassment and bullying), so far as those policies apply to SAAS. 53—Accrued rights for employees (1) If a person commences employment by an employing authority as a member of the staff of SAAS after ceasing to be employed— (b) by the employing authority or another employing authority at an incorporated hospital, and that employment as a member of the staff of SAAS follows immediately on the cessation of that previous employment, then— (c) the person's existing and accruing rights immediately before the cessation of that previous employment in respect of recreation leave, sick leave and long service leave continue in full force and effect as if that previous employment had been employment by the employing authority at SAAS; and (d) the person is not entitled to payment in lieu of those rights. (2) Except where subsection (1) applies, if a person commences employment by an employing authority as a member of the staff of SAAS within 3 months after ceasing to be employed— (b) by the employing authority or another employing authority at an incorporated hospital; or (c) in prescribed employment, the person's existing and accruing rights immediately before the cessation of that employment in respect of recreation leave, sick leave and long service leave continue, to the extent directed by the employing authority and subject to such conditions as may be determined by the employing authority, as if that previous employment had been employment by the employing authority as a member of the staff of SAAS. 54—Delegation (1) SAAS may delegate a function or power conferred on SAAS under this or any other Act— 55—Accounts and audit (1) SAAS must cause proper accounts to be kept of its financial affairs and financial statements to be prepared in respect of each financial year. (2) The Auditor-General may at any time, and must in respect of each financial year, audit the accounts and financial statements of SAAS. 56—Annual report (1) SAAS must, within 3 months after the end of each financial year, deliver to the Minister a report on the operations of SAAS during that financial year. (2) The report must incorporate the audited accounts and financial statements of SAAS for the financial year. (3) The Minister must, within 12 sitting days after the receipt of a report under this section, cause a copy of the report to be laid before both Houses of Parliament. Division 2—Provision of ambulance services 57—Emergency ambulance services (1) A person must not provide emergency ambulance services unless— (a) the services are carried out by SAAS; or (b) the services are provided by a person or a person of a class, or in circumstances, prescribed by regulation; or (c) the services are provided under an exemption granted by the Minister under this Part. (2) A person holding a restricted ambulance service licence may, despite subsection (1), provide an emergency ambulance service if— (a) the person is acting within the scope of an authorisation given by SAAS (either in relation to specified cases, or in relation to a particular case, and subject to such conditions as may be prescribed by the regulations or determined by SAAS); or (b) the person has reason to believe that failure to provide such a service will put at risk the health or safety of a particular person, or of a section of the public more generally, and the person providing the service has taken such action as is reasonable in the circumstances to contact SAAS to seek an authorisation under this section; or (c) the person is acting at the direction or request of SAAS. (3) If a person acts under subsection (2)(b), the person must, at the request of SAAS, furnish to SAAS a written report on the circumstances of the particular case within a time specified by SAAS. Maximum penalty: $5 000. (4) A person must not display the term "Emergency Ambulance" on a motor vehicle driven on a public road unless the vehicle is being used— (a) by SAAS; or (b) by a person in circumstances prescribed by the regulations. Maximum penalty: $5 000. 58—Licence to provide non-emergency ambulance services (1) A person must not provide non‑emergency ambulance services unless— (a) the services are carried out— (i) by SAAS; or (ii) by a person acting under the direction or request of SAAS; or (b) the person holds a licence under this section (a restricted ambulance service licence); or (c) the services are provided by a person or a person of a class, or in circumstances, prescribed by regulation; or (d) the services are provided under an exemption granted by the Minister under this Part. (2) An application for a licence under this section— (a) must be made to the Minister; and (b) must conform to the requirements of the Minister about its form, contents and the manner in which it is made; and (c) must be accompanied by the fee fixed by the Minister. (3) An application for a licence must set out details of services proposed to be provided under the licence. (4) The Minister may, by written notice, require the applicant— (a) to provide further information, documents or records relevant to the application; or (b) to allow persons authorised by the Minister to inspect premises, vehicles, plant or equipment proposed to be used by the applicant in connection with activities proposed to be authorised by the licence. (5) The Minister may refuse the application if the applicant does not comply with a requirement under subsection (4). (6) The Minister may, pending determination of an application for licence, grant a temporary licence under this section. (7) A temporary licence operates for a term not exceeding 6 months and on conditions determined by the Minister. (8) The Minister may grant a licence to a person under this section if, in the Minister's opinion— (a) the services proposed to be provided under the licence are non-emergency ambulance services; and (b) the person has the capacity to provide those services at a standard appropriate for the licence; and (c) the person is a fit and proper person to hold the licence. (9) The Minister may, if he or she thinks fit, grant a licence to an applicant for an indefinite period or for a limited term specified in the licence. (10) The Minister may, on application and payment of the fee fixed by the Minister, transfer a restricted ambulance service licence to a proposed transferee if the Minister is satisfied (in such manner as the Minister may determine) as to the suitability of the person to hold the licence. (11) The Minister may attach such conditions to a licence as the Minister thinks fit. (12) The Minister may, on giving notice in writing to the holder of a licence— (a) vary the existing conditions of the licence or attach new conditions to the licence; (b) revoke a condition of the licence. (13) A person who contravenes or fails to comply with a condition of a licence is guilty of an offence. (14) The Minister may, by the terms or conditions of a licence, limit the scope of a licence to specified services or classes of services. (15) If, in the opinion of the Minister— (a) a person has contravened, or failed to comply with, a provision of this Act or a condition of a licence; or (b) action should be undertaken under this section in the public interest, the Minister may, by notice in writing to the holder of the licence, suspend or revoke a licence under this section. (16) A suspension under subsection (15) may be— (a) for a period specified by the Minister; or (b) until the Minister removes the suspension by further notice to the holder of the licence. (17) A person who objects to a decision of the Minister under this section— (a) refusing to grant a licence to the person; or (b) attaching conditions to, or varying conditions of, a licence granted to the person; or (c) suspending or revoking a licence granted to the person, may apply to the Tribunal for review of the decision under section 34 of the South Australian Civil and Administrative Tribunal Act 2013. Division 3—Miscellaneous 59—Fees (1) The Minister may, by notice in the Gazette, fix fees in relation to— (a) the provision of ambulance services; and (b) the provision of incidental services by SAAS; and (c) any other matter prescribed by the regulations. (2) A notice under subsection (1) may fix different fees for different classes of ambulance service or for ambulance services provided in different parts of the State. (3) A person who charges, or accepts payment of, a fee for an ambulance service that exceeds the fee fixed by the Minister is guilty of an offence. (4) The fee for an ambulance service is payable by the patient transported to, or from, a hospital or other place whether or not he or she consented to the provision of the service. (5) If the identity and address of a patient is disclosed to the holder of a licence under this Act to enable recovery of a fee for an ambulance service, the disclosure will not constitute the breach of any Act or other law and will not be in breach of any principle of professional ethics. (6) In this section— incidental services—incidental services are provided by SAAS if— (a) a member of the staff of SAAS— (i) attends at a place in response to a request for medical assistance (whether made by 000 emergency telephone call or other means) for a person who may have an injury or illness requiring immediate medical attention in order to maintain life or to alleviate suffering; and (ii) assesses or treats the person; but (b) the person is not transported by ambulance. 60—Holding out etc (1) A person must not hold himself or herself out as a person who carries on the business of providing ambulance services unless he or she carries on that business and is either licensed under this Part or is a person who is not required to be licensed under this Part in relation to services provided in the course of carrying on that business. (2) A person must not hold himself or herself out as a person who is engaged in the provision of ambulance services unless he or she is a member of the staff of a provider of ambulance services acting in accordance with the other provisions of this Part. (3) A person must not falsely hold themself out to be a member of the staff of SAAS. (4) A person must not, without lawful excuse, be in possession of— (a) property of SAAS; or (b) an item that is, or is part of, an official uniform reserved for members of the staff of SAAS. 61—Power to use force to enter premises (1) A person who is a member of the staff of SAAS may use reasonable force to break into any place if the person believes that it is necessary to do so— (a) to determine whether any person is in need of medical assistance; or (b) to provide any person with medical assistance. (2) A member of the staff of SAAS acting under subsection (1) must comply with any protocols or procedures established by SAAS for the purposes of this section. 62—Exemptions (1) The Minister may, by notice in the Gazette, confer exemptions from this Part or specified provisions of this Part— (a) on specified persons or persons of a specified class; or (b) in relation to specified services or services of a specified class. (2) An exemption under subsection (1) may be granted by the Minister on such conditions as the Minister thinks fit. (3) The Minister may, at any time, by further notice in the Gazette— (a) vary or revoke an exemption; (b) vary or revoke a condition of an exemption or attach new conditions to an exemption. (4) A person who contravenes or fails to comply with a condition imposed under this section is guilty of an offence. Maximum penalty: $20 000.