Non-Emergency Patient Transport and First Aid Services (First Aid Services) Regulations 2021
1Non-Emergency Patient Transport and First Aid Services (First Aid Services) Regulations 2021
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Non-Emergency Patient Transport and First Aid Services (First Aid Services) Regulations 2021
S.R. No. 149/2021
Version as at
30 November 2021
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary 1
1 Objective 1
2 Authorising provision 1
3 Commencement 1
4 Definitions 1
5 Definition of basic first aid service 5
6 Definition of intermediate first aid service 6
7 Definition of advanced first aid service 6
Part 2—First aid services 8
Division 1—Classes of first aid service 8
8 Classes of first aid service 8
9 Licence holder must comply with licence 8
Division 2—Scope of clinical practice 8
10 Licence holder must have written scope of clinical practice 8
11 Licence holder must have written scope of clinical practice for each staff member 9
12 Staff member must work within scope of clinical practice 9
Part 3—Staffing of first aid services 11
13 Competencies for staff members of first aid services 11
14 Ongoing assessment of competency 12
15 Skills maintenance training 12
16 Staff identification 12
Part 4—Licensing 13
Division 1—Applications 13
17 Application for approval in principle 13
18 Application for variation or transfer of approval in principle 13
19 Application for a first aid service licence 13
20 Conditions on licences 14
21 Application to renew a licence 14
22 Application to transfer a licence 15
23 Application to vary a licence 15
Division 2—Quality assurance plans 15
24 Development, contents and accreditation of quality assurance plan 15
25 Compliance with quality assurance plan 17
26 Audit of quality assurance plan 17
27 Revocation, suspension or expiry of accreditation 17
Division 3—Other matters during course of licence 18
28 Sentinel events 18
29 Annual report 18
Part 5—Clinical governance 19
30 Clinical oversight committee 19
31 Responsibilities of committee 19
32 Meetings of committee 21
Section 1 - Non-Emergency Patient Transport and First Aid Services (First Aid Services) Regulations 2021 - Non-Emergency Patient Transport and First Aid Services (First Aid Services) Regulations 2021 | Zoe
33 Staff surveys 21
34 Clinical nominee 21
Part 6—Records 23
35 Records to be kept 23
36 Patient care records 23
37 Staff records 24
Part 7—Patient rights and information 26
38 Establishment of complaints register 26
39 Investigation of complaints 26
40 Contact details of a licence holder 27
Part 8—Infection control 28
41 Infection control management plan 28
Part 9—Provision, inspection and maintenance of equipment 29
42 Maintenance of equipment 29
43 Records of maintenance 29
44 Equipment 29
45 Communication devices 30
Part 10—Event planning 31
46 Planning for provision of first aid services at an event 31
Part 11—Insurance 32
47 Public and professional liability insurance 32
Schedule 1—Application for approval in principle to operate a first aid service 33
Schedule 2—Application for variation or transfer of certificate of approval in principle to operate a first aid service 34
Schedule 3—Application for a first aid service licence 36
Schedule 4—Application for the renewal of a first aid service licence 37
Schedule 5—Application for transfer of a first aid service licence 38
Schedule 6—Application for variation of a first aid service licence 39
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Endnotes 40
1 General information 40
2 Table of Amendments 42
3 Amendments Not in Operation 43
4 Explanatory details 44
Version No.001
Non-Emergency Patient Transport and First Aid Services (First Aid Services) Regulations 2021
S.R. No. 149/2021
Version as at
30 November 2021
Part 1—Preliminary
1 Objective
The objective of these Regulations is to prescribe standards, requirements and other matters relating to the provision of first aid services under the Non‑Emergency Patient Transport and First Aid Services Act 2003.
2 Authorising provision
These Regulations are made under section 64 of the Non‑Emergency Patient Transport and First Aid Services Act 2003.
3 Commencement
These Regulations come into operation on 30 November 2021.
4 Definitions
(1) In these Regulations—
accreditation body means a body that is accredited by—
(a) the Joint Accreditation System of Australia and New Zealand; or
(b) the International Society for Quality in Healthcare; or
(c) a body nominated by the Secretary under subregulation (2);
advanced first aid service has the meaning given in regulation 7;
adverse patient safety event means an event that results in harm or injury to a patient;
automated external defibrillator means an automated external defibrillator that provides the operator with an audible or visible prompt to discharge the defibrillator to deliver a shock to the patient when it recognises a shockable rhythm;
basic first aid service has the meaning given in regulation 5;
certificate of roadworthiness means a certificate of roadworthiness issued under Division 5 of Part 6 of the Road Safety (Vehicles) Regulations 2021[1];
clinical matter means any process, treatment or procedure of a medical nature;
emergency stabilisation treatment means the provision of care to preserve life and relieve suffering before referral to another health care provider;
epinephrine means injectable adrenaline;
first aid station means a fixed, mobile or temporary place at which first aid is to be provided by a licence holder;
infection control guidelines means the National Health and Medical Research Council's Australian Guidelines for the Prevention and Control of Infection in Healthcare (2019) published by the Commonwealth;
intermediate first aid service has the meaning given in regulation 6;
intervention means any treatment that may be administered by staff members providing the treatment of a patient and includes any invasive procedure;
licence holder means a person who holds a first aid service licence issued or renewed on or after the commencement of these Regulations;
management, in relation to the treatment of a patient, includes the administration of those drugs that may be administered by staff members involved in treating the patient, and other general treatment, not including intervention;
monitoring, in relation to the treatment of a patient, includes—
(a) monitoring of cardiac, respiratory, metabolic, neurological or fluid status or any combination of them; and
(b) monitoring of equipment used for the patient;
public road has the same meaning as in the Road Management Act 2004;
registered health practitioner means an individual who is registered under the Health Practitioner Regulation National Law to practise a health profession, other than as a student;
registered nurse means a person registered in Division 1 of the Register of Nurses kept by the Nursing and Midwifery Board of Australia under the Health Practitioner Regulation National Law, other than as a student;
registered paramedic means a person registered in the Register of Paramedics kept by the Paramedicine Board of Australia under the Health Practitioner Regulation National Law, other than as a student;
registered training organisation means an organisation registered by—
(a) the National Vocational Education and Training Regulator established under section 155 of the National Vocational Education and Training Regulator Act 2011 of the Commonwealth; or
(b) the Tertiary Education Quality and Standards Agency established under section 132 of the Tertiary Education Quality and Standards Agency Act 2011 of the Commonwealth;
Schedule 2poison has the same meaning as in section 4(1) of the Drugs, Poisons and Controlled Substances Act 1981;
Schedule 3poison has the same meaning as in section 4(1) of the Drugs, Poisons and Controlled Substances Act 1981;
Schedule 4poison has the same meaning as in section 4(1) of the Drugs, Poisons and Controlled Substances Act 1981;
Schedule 8 poison has the same meaning as in section 4(1) of the Drugs, Poisons and Controlled Substances Act 1981;
sentinel event means an unexpected adverse patient safety event that occurs infrequently in the provision of services by a first aid service and results in the death of, or serious physical or psychological injury to, a patient as a result of system and process deficiencies at the first aid service;
significant patient risk means a risk to patients—
(a) where there is high probability of a substantial adverse impact; and
(b) that is sufficiently serious to warrant an immediate response to reduce the risk;
statutory ambulance service means an ambulance service created under section 23 of the Ambulance Services Act 1986 or listed in Schedule 1 to that Act;
the Act means the Non‑Emergency Patient Transport and First Aid Services Act 2003.
(2) The Secretary, by notice published in the Government Gazette, may nominate as an accreditation body a body that, in the opinion of the Secretary, is nationally or internationally recognised and experienced in the accreditation of health care services.
5 Definition of *basic first aid service*
A basic first aidservice is a service that is equipped and has staff trained to provide first aid services that adequately cater for—
(a) minor injuries or illnesses that do not usually require referral to another health care provider or transportation to a hospital; and
(b) minor illnesses that can be treated with over‑the‑counter medications, rest, hydration or similar non‑invasive treatment; and
(c) anaphylaxis, including its treatment with epinephrine; and
(d) injuries or illnesses requiring emergency stabilisation treatment before referral to another health care provider or transportation to a hospital.
6 Definition of *intermediate first aid service*
An intermediate first aidservice is a service that is equipped and has staff trained to provide the first aid services referred to in regulation 5 and first aid services that adequately cater for—
(a) significant injuries or illnesses that may require intervention and referral to another health care provider or transportation to a hospital, such as injuries involving broken bones; and
(b) significant injuries or illnesses that may be managed with Schedule 2 poison, Schedule 3 poison, Schedule 4 poison, observation or similar non‑invasive treatment.
7 Definition of *advanced first aid service*
An advanced first aid service is a service that is equipped and has staff trained to provide the first aid services referred to in regulations 5 and 6 and first aid services that adequately cater for—
(a) serious injuries or illnesses that often require intervention and referral to another health care provider or transportation to a hospital; and
(b) serious injuries or illnesses that may be managed with Schedule 8 poison (in addition to the poisons referred to in regulation 6), intravenous therapies, invasive monitoring or similar invasive treatment; and
(c) injuries or illnesses that may be life‑threatening.
Note
An advanced first aid service is usually staffed by registered health practitioners.
Part 2—First aid services
Division 1—Classes of first aid service
8 Classes of first aid service
The following classes of first aid service are prescribed for the purpose of licensing under Part 2A of the Act—
(a) basic first aid service;
(b) intermediate first aid service;
(c) advanced first aid service.
9 Licence holder must comply with licence
A licence holder must not provide first aid services unless the first aid services provided are within the scope of the licence holder's first aid service licence.
20 penalty units.
Division 2—Scope of clinical practice
10 Licence holder must have written scope of clinical practice
(1) A licence holder must prepare and maintain a written scope of clinical practice for the safe provision of the first aid service by the licence holder.
Penalty: 20 penalty units.
(2) The scope of clinical practice of a first aid service must be consistent with—
(a) the class or classes of first aid service that the licence holder is licensed to operate; and
(b) any conditions to which the first aid service licence is subject.
(3) A licence holder must not treat patients for any condition, illness or injury that is outside the scope of clinical practice of the first aid service.
Penalty: 20 penalty units.
11 Licence holder must have written scope of clinical practice for each staff member
(1) A licence holder must prepare and maintain a written scope of clinical practice for the safe provision of first aid services by each staff member of the first aid service.
Penalty: 20 penalty units.
(2) The scope of clinical practice of a staff member of a first aid service must be—
(a) consistent with the qualifications, competency, training and experience of the staff member; and
(b) within the scope of clinical practice of the first aid service.
(3) A licence holder must verify and record the qualifications held by a staff member.
(4) A licence holder must ensure that a staff member has access to clinical advice when treating patients.
Penalty: 20 penalty units.
12 Staff member must work within scope of clinical practice
(1) A staff member of a license holder must not provide any management or intervention that is outside the scope of clinical practice of the staff member.
Penalty: 20 penalty units.
(2) A staff member of a first aid service may, at the direction of a statutory ambulance service, move a patient to meet an ambulance or facilitate referral to another health care provider.
(3) Subject to subregulation (4), a staff member of a first aid service may move a patient of the first aid service within the vicinity of an event (including on a public road) to facilitate provision of care.
(4) If a staff member uses a vehicle to move a patient in accordance with subregulation (3), the vehicle must—
(a) be a vehicle for which a certificate of roadworthiness has been issued (and remains in effect); and
(b) comply with the requirements of AS/NZS 4535:1999 (Ambulance restraint systems).
Part 3—Staffing of first aid services
13 Competencies for staff members of first aid services
(1) A licence holder must ensure that all staff members, on their initial engagement by the first aid service, have the skills, competency and knowledge appropriate to their duties in treating patients of the first aid service.
Penalty: 20 penalty units.
(2) A licence holder must ensure that each staff member of the first aid service is clinically supervised until the licence holder is satisfied the staff member is competent to work unsupervised.
(3) If a licence holder is satisfied that a staff member is competent to work unsupervised, the licence holder must make a record of the date from which the person may work unsupervised.
(4) Nothing in subregulation (2) prevents a staff member from providing first aid in an attempt to save the life of a person.
(5) A person who is required to work under supervision in an area of practice cannot be a supervisor in that area of practice.
(6) In this regulation, clinically supervised means supervised by a person who—
(a) has the same clinical qualifications as, or higher clinical qualifications than, the person being supervised; and
(b) is competent to work unsupervised.
14 Ongoing assessment of competency
(1) A licence holder must ensure that the competency of all staff members referred to in regulation 13 is maintained throughout the course of their service as staff members with the first aid service.
Penalty: 20 penalty units.
(2) A licence holder must ensure that the competency of a staff member who has received training for the purpose of subregulation (1) is recorded and attested to by the person who provided the training.
20 penalty units.
(3) A licence holder must keep the record and attestation referred to in subregulation (2) available for production to an authorised officer under section 48 of the Act.
Penalty: 20 penalty units.
15 Skills maintenance training
All staff members of a first aid service who provide first aid services must complete annual skills maintenance training appropriate to the qualifications that they hold and the duties that they carry out.
16 Staff identification
A licence holder must ensure that each staff member referred to in regulation 13 while on duty wears an identification tag that shows—
(a) the staff member's name and position; and
(b) the trading name of the licence holder.
Penalty: 15 penalty units.
Part 4—Licensing
Division 1—Applications
17 Application for approval in principle
(1) For the purposes of section 42M(2)(a) of the Act, the prescribed form is the form set out in Schedule 1.
(2) For the purposes of section 42M(2)(b) of the Act, the prescribed fee is 17 fee units.
18 Application for variation or transfer of approval in principle
(1) For the purposes of section 42M(2)(a) of the Act, the prescribed form of application for variation or transfer of an approval in principle under section 42Q of the Act is the form set out in Schedule 2.
(2) For the purposes of section 42M(2)(b) of the Act, the prescribed fee for variation or transfer of an approval in principle under section 42Q of the Act is 10 fee units.
19 Application for a first aid service licence
(1) For the purposes of section 42S(2)(a) of the Act, the prescribed form is the form set out in Schedule 3.
(2) For the purposes of section 42S(2)(b) of the Act, the prescribed fee is—
(a) for a basic first aid service licence—17 fee units; and
(b) for an intermediate first aid service licence—54 fee units; and
(c) for an advanced first aid service licence—101 fee units.
(3) Without limiting section 42S(3) of the Act, the applicant for an advanced first aid service licence under section 42S of the Act must submit with the application—
(a) a copy of a certificate certifying that the applicant's quality assurance plan developed in accordance with regulation 24 has been accredited by an accreditation body; or
(b) a draft quality assurance plan developed in accordance with regulation 24 and a report from an accreditation body that sets out the steps that the applicant must take for the quality assurance plan to be accredited by that body within 3 months after the applicant is granted the licence.
20 Conditions on licences
For the purposes of section 42V(1)(a) of the Act, an advanced first aid service licence granted to an applicant who does not have a current certificate of quality accreditation from an accreditation body is subject to the condition that the applicant must, within 3 months after being granted the licence—
(a) obtain a certificate of quality accreditation; and
(b) submit a copy of the certificate to the Secretary.
21 Application to renew a licence
(1) For the purposes of section 42Z(2)(a) of the Act, the prescribed form is the form set out in Schedule 4.
(2) For the purposes of section 42Z(2)(b) of the Act, the prescribed fee is—
(a) for a basic first aid service licence—17 fee units; and
(b) for an intermediate first aid service licence—54 fee units; and
(c) for an advanced first aid service licence—101 fee units.
22 Application to transfer a licence
(1) For the purposes of section 42ZC(2)(a) of the Act, the prescribed information is the information in the form set out in Schedule 5.
(2) For the purposes of section 42ZC(2)(b) of the Act, the prescribed fee is—
(a) for a basic first aid service licence—14 fee units; and
(b) for an intermediate first aid service licence—28 fee units; and
(c) for an advanced first aid service licence—42 fee units.
23 Application to vary a licence
(1) For the purposes of section 42ZI(2)(a) of the Act, the prescribed form to vary a first aid service licence is the form set out in Schedule 6.
(2) For the purposes of section 42ZI(2)(b) of the Act, the prescribed fee is 17 fee units.
Division 2—Quality assurance plans
24 Development, contents and accreditation of quality assurance plan
(1) A person who applies for an intermediate first aid service licence or an advanced first aid service licence under section 42S of the Act must develop a quality assurance plan in accordance with subregulation (2).
(2) A quality assurance plan must include provisions in relation to the following matters—
(a) infection control, including an infection control management plan;
(b) active clinical monitoring of patients;
(c) management of sentinel events;
(d) management of deteriorating patients;
(e) staff qualifications and training, assessment of qualifications and maintenance of the currency of qualifications;
(f) competencies of staff members, including maintenance and assessment of competencies by a registered training organisation;
(g) recognition of prior learning and overseas qualifications of staff members providing clinical care and advice;
(h) access to clinical advice for staff members;
(i) drug security, including in relation to storage, use, disposal and record‑keeping;
(j) manual handling of patients;
(k) patient records;
(l) management of complaints;
(m) clinical handover processes;
(n) maintenance of equipment;
(o) records of all maintenance and repairs to equipment;
(p) cleaning of equipment;
(q) a complaints register;
(r) a process for investigating complaints.
(3) A quality assurance plan of an advanced first aid service must be accredited by an accreditation body.
25 Compliance with quality assurance plan
A licence holder must maintain and comply with any quality assurance plan developed and accredited (if required) in accordance with regulation 24.
26 Audit of quality assurance plan
(1) Subject to subregulation (2), if at any time during the period of a first aid service licence the quality assurance plan of the licence holder is audited by an accreditation body, the licence holder must submit a copy of the audit report to the Secretary no later than 14 days after the licence holder receives a copy of the report from the accreditation body.
Penalty: 15 penalty units.
(2) If an audit report referred to in subregulation (1) identifies the existence of a significant patient risk, the licence holder must report that risk to the Secretary no later than 24 hours after the licence holder receives a copy of the report from the accreditation body.
20 penalty units.
27 Revocation, suspension or expiry of accreditation
(1) A licence holder must not provide an advanced first aid service if the accreditation of the licence holder's quality assurance plan is revoked or suspended or has expired.
Penalty: 20 penalty units.
(2) A licence holder must report immediately to the Secretary any revocation or suspension of accreditation of the licence holder's quality assurance plan.
Division 3—Other matters during course of licence
28 Sentinel events
A licence holder must report any sentinel event to the Secretary immediately after its occurrence.
29 Annual report
For the purposes of section 62A(2) of the Act, the prescribed information is the following—
(a) the number of events attended by the service to provide each of the following—
(i) basic first aid services;
(ii) intermediate first aid services;
(iii) advanced first aid services;
(b) the number of days of attendance by the service at each event referred to in paragraph (a);
(c) the estimated number of competitors or participants at events attended by the service;
(d) the estimated number of people attending events attended by the service;
(e) any other information that the Secretary has, by notice given to the licence holder, requested the licence holder to include.
Part 5—Clinical governance
30 Clinical oversight committee
(1) A licence holder must establish and maintain a clinical oversight committee.
(2) The clinical oversight committee must have at least—
(a) one member who is a representative of the management of the licence holder; and
(b) one member who is a registered paramedic, if the licence holder employs registered paramedics as part of providing the service; and
(c) one member who is a registered nurse, if the licence holder employs registered nurses as part of providing the service; and
(d) one member who is a registered medical practitioner, if the licence holder does not employ a registered paramedic or a registered nurse as part of providing the service.
(3) Each registered health practitioner who is a member of the clinical oversight committee must have appropriate clinical experience in the out‑of‑hospital environment.
31 Responsibilities of committee
(1) The clinical oversight committee has the following responsibilities in relation to the first aid service provided by the licence holder—
(a) overseeing processes to set the scope of clinical practice of the service to ensure that the licence holder does not provide services beyond its competencies and ability;
(b) overseeing processes to set the scope of clinical practice of all clinical staff members;
(c) reviewing the clinical practice protocols, processes and operating procedures of the service;
(d) overseeing and documenting the clinical supervision provided to each newly qualified staff member;
(e) reviewing matters of clinical concern, including each adverse patient safety event or sentinel event;
(f) maintaining records of all clinical reviews, including decisions taken and the rationale for those decisions;
(g) reviewing each occasion on which a patient required transportation to a hospital or another medical facility, to receive care that could not be provided by the first aid service, and documenting any review of changes to practice made as a result of the review;
(h) reviewing whether the services provided by the first aid service were appropriate for the risk profile of events attended by the service and the patients it could have expected to receive at those events;
(i) overseeing processes to continually assess the capacity of the service to provide safe patient‑centred care.
(2) In addition to the responsibilities set out in subregulation (1), the clinical oversight committee for an intermediate first aid service or an advanced first aid service has the following responsibilities in relation to the service provided by the licence holder—
(a) overseeing the verification of the credentials of all registered health practitioners engaged by the service in any capacity—
(i) when their engagement commences; and
(ii) subsequently every 3 years;
(b) overseeing the auditing of patient care records and reviewing all measures taken as a result of reviews of those records;
(c) keeping and reviewing all staff survey data and reviewing any measures taken as a result of reviews of those surveys;
(d) setting rules for how clinical practice at the service will be implemented and overseen by the licence holder.
32 Meetings of committee
(1) The clinical oversight committee must meet at least once in each 3 month period.
(2) The clinical oversight committee must maintain records of its meetings including its decisions and the reasons for its decisions.
33 Staff surveys
(1) A licence holder must conduct a staff survey at least once a year.
(2) The primary purpose of a staff survey is to ascertain the views of staff members on staff and patient safety.
34 Clinical nominee
(1) A licence holder must nominate a person who is responsible for assessing all clinical matters for the service.
(2) The licence holder must, within 28 days after nominating a person under subregulation (1), notify the Secretary of the name and business contact details of the nominee.
Part 6—Records
35 Records to be kept
(1) A licence holder must ensure that patient care records are maintained in accordance with regulation 36.
15 penalty units.
(2) A licence holder must ensure that staff records are maintained in accordance with regulation 37.
15 penalty units.
36 Patient care records
(1) A patient care record in relation to a patient must include the following information—
(a) the patient's name;
(b) the patient's address;
(c) the patient's date of birth;
(d) the patient's gender;
(e) the time and date of the provision of the first aid service to the patient;
(f) all relevant clinical details of the patient, including any co‑morbidities;
(g) details of any monitoring or treatment provided to the patient;
(h) if an ambulance is called for the patient—
(i) the reason for calling the ambulance; and
(ii) the patient's pick up location and intended destination; and
(iii) the names and titles of the staff members attending to the patient.
(2) If a patient is to be transported by ambulance to a medical service, the licence holder must ensure that—
(a) the information contained in the patient care record is communicated orally to the person receiving the patient for transport, if reasonably practicable; and
(b) a copy of the patient care record is provided to the person receiving the patient for transport.
(3) The licence holder must ensure that the patient care record is reviewed for any patient of the service who—
(a) is transported to a hospital by ambulance; or
(b) is given any Schedule 3 poison, Schedule 4 poison or Schedule 8 poison; or
(c) deteriorates while being treated.
37 Staff records
(1) Staff records must include the following information in relation to each staff member—
(a) full name;
(b) date of birth;
(c) job classification;
(d) qualifications;
(e) relevant clinical experience;
(f) if registered with the Australian Health Practitioner Regulation Agency, the relevant registration details, including the staff member's registration number;
(g) immunisation records as recommended in the infection control guidelines;
(h) information about the staff member's mandatory skills maintenance training and accreditation.
(2) A licence holder must retain the staff records in relation to a staff member for a period of not less than 2 years following the staff member ceasing to be a staff member of the first aid service.
Penalty: 15 penalty units.
Part 7—Patient rights and information
38 Establishment of complaints register
(1) A licence holder must establish a complaints register for recording all complaints received about the first aid service, including—
(a) complaints made in writing; and
(b) complaints made orally.
Penalty: 10 penalty units.
(2) A licence holder must ensure that the complaints register contains as a minimum the following information in relation to each complaint made—
(a) the name of the patient;
(b) the place where first aid was provided to the patient;
(c) the nature of the complaint;
(d) the date of the complaint;
(e) details of any investigation of the complaint;
(f) the outcome of any investigation of the complaint;
(g) details of any action taken.
Penalty: 10 penalty units.
(3) The complaints register must be included as part of the quality assurance plan for the first aid service.
39 Investigation of complaints
A licence holder must ensure that any investigation of a complaint is carried out in a manner that is not detrimental to the complainant.
Penalty: 10 penalty units.
40 Contact details of a licence holder
A licence holder must ensure that, as far as practicable, contact details for the first aid service are provided to each patient to whom first aid is provided by the service at the time of the provision of first aid to the patient.
Penalty: 10 penalty units.
Part 8—Infection control
41 Infection control management plan
(1) A licence holder who is licensed to provide an intermediate first aid service or an advanced first aid service must ensure its quality assurance plan includes an infection control management plan that is developed in compliance with the infection control guidelines.
Penalty: 20 penalty units.
(2) Without limiting subregulation (1), the infection control management plan must—
(a) identify all possible areas where there is a risk of transmission of infection and the actions to be taken to control any such risk; and
(b) identify the steps to be followed if any action referred to in paragraph (a) is not taken; and
(c) identify the type of education to be provided to staff members involved in the provision of first aid to patients; and
(d) state the name and qualifications of the person responsible for identifying areas of risk; and
(e) identify the mechanism by which compliance with the infection control management plan will be monitored; and
(f) set out a process for the use, disposal and laundering of linen.
(3) A licence holder must ensure that the infection control management plan is reviewed annually.
Penalty: 20 penalty units.
Part 9—Provision, inspection and maintenance of equipment
42 Maintenance of equipment
(1) A licence holder must ensure that an annual maintenance schedule is developed to ensure all equipment used in the course of providing first aid to patients is kept in good working order in accordance with the manufacturers' specifications.
Penalty: 10 penalty units.
(2) A licence holder must ensure all equipment used in the course of providing first aid to patients is kept in good working order at all times in accordance with the manufacturers' specifications.
Penalty: 10 penalty units.
43 Records of maintenance
(1) A licence holder must keep an accurate record of all maintenance of and repairs to equipment used in the course of providing first aid to patients.
Penalty: 10 penalty units.
(2) A licence holder must ensure that the record referred to in subregulation (1) is kept and maintained for the lifespan of the equipment to which it relates.
Penalty: 10 penalty units.
44 Equipment
A licence holder must ensure that a first aid station provided by the first aid service has all the equipment and supplies needed to provide first aid within its scope of clinical practice, including the following—
(a) drinking water for patient and staff use;
(b) sanitiser and hand washing facilities;
(c) an automated external defibrillator;
(d) an epinephrine device or equivalent adrenaline ampoules (if staff members are legally authorised to administer ampoules of adrenaline);
(e) a means of waste management, including for the safe disposal of sharps and contaminated waste;
(f) external signposting enabling the first aid station to be readily identified and located;
(g) if the licence holder is an intermediate first aid service licence holder or an advanced first aid service licence holder, a salbutamol MDI and spacer;
(h) if the licence holder is an intermediate first aid service licence holder or an advanced first aid service licence holder, suitable patient transfer equipment.
Penalty: 20 penalty units.
45 Communication devices
A licence holder must ensure that communication devices are available at all times so that a staff member providing first aid services at an event can reasonably communicate with—
(a) the head office representative of the licence holder; and
(b) the on‑site event headquarters or the person with overall command of the first aid service at the event; and
(c) another health care provider or a statutory ambulance service; and
(d) other emergency services.
Penalty: 20 penalty units.
Part 10—Event planning
46 Planning for provision of first aid services at an event
(1) This regulation applies if a licence holder proposes to provide a first aid service at an event.
(2) Before providing the service at the event, the licence holder must—
(a) communicate with the event provider to ensure that the licence holder has a clear description of—
(i) the event; and
(ii) the anticipated health risks of the event; and
(iii) the circumstances in which a 000 telephone call may be required; and
(b) ensure that the first aid service can meet the first aid needs for the event.
Part 11—Insurance
47 Public and professional liability insurance
(1) A licence holder must obtain public liability insurance to the value of not less than $20 000 000.
(2) A licence holder must obtain professional indemnity insurance to the value of not less than $20 000 000.
Schedule 1—Application for approval in principle to operate a first aid service
Regulation 17(1)
Application for approval in principle to operate
a first Aid service
SECTION A
(1) Full name of applicant:
(2) Postal address of applicant:
(3) The name, telephone number and email address of a contact person for the purposes of the application:
(4) If the applicant is a body corporate, the name and street address of each director or officer of the body corporate who may exercise control over the first aid service:
SECTION B
(1) The name (or proposed name) of the first aid service and its street address:
(2) This application is for an approval in principle for—
a basic first aid service; or
an intermediate first aid service; or
an advanced first aid service.
Signature of applicant:
Name of each signatory:
Date:
*Delete if inapplicable.
Schedule 2—Application for variation or transfer of certificate of approval in principle to operate a first aid service
Regulation 18(1)
Application for variation or transfer of certificate of approval in principle to operate a FIRST AID service
SECTION A
(1) Full name of applicant:
(2) Postal address of applicant:
(3) The name, telephone number and email address of a contact person for the purposes of the application:
SECTION B
(1) The name (or proposed name) of the first aid service and its street address:
(2) This application is for—
variation of the certificate of approval in principle or any condition to which it is subject; or
transfer of the certificate of approval in principle to another person.
(3) If the application relates to the variation of the certificate of approval in principle, the reason for the proposed variation:
(4) If the application relates to the transfer of the certificate of approval in principle to another person—
(a) the name of that person; and
(b) the postal address of that person; and
(c) that person's telephone number and email address.
(5) If the proposed transferee is a body corporate, the name and street address of each director or officer of the body corporate who may exercise control over the first aid service:
Signature of applicant:
Name of each signatory:
Date:
*Delete if inapplicable.
Schedule 3—Application for a first aid service licence
Regulation 19(1)
Application for a first aid service licence
SECTION A
(1) Full name of applicant:
(2) Postal address of applicant:
(3) The name, telephone number and email address of a contact person for the purposes of the application:
(4) If the applicant is a body corporate, the name and street address of each director or officer of the body corporate who may exercise control over the first aid service:
SECTIONB
(1) The class of first aid service for which a licence is sought—
a basic first aid service; or
an intermediate first aid service; or
an advanced first aid service.
(2) The name (or proposed name) of the first aid service and its street address:
Signature of applicant:
Name of each signatory:
Date:
*Delete if inapplicable.
Schedule 4—Application for the renewal of a first aid service licence
Regulation 21(1)
Application for the renewal of a first aid service licence
SECTION A
(1) Full name of applicant:
(2) Postal address of applicant:
(3) The name, telephone number and email address of a contact person for the purposes of the application:
(4) If the applicant is a body corporate, the name and street address of each director or officer of the body corporate who may exercise control over the first aid service:
SECTIONB
(1) The class of first aid service for which a licence is sought—
a basic first aid service; or
an intermediate first aid service; or
an advanced first aid service.
(2) The name (or proposed name) of the first aid service and its street address:
Signature of applicant:
Name of each signatory:
Date:
*Delete if inapplicable.
Schedule 5—Application for transfer of a first aid service licence
Regulation 22(1)
Application for Transfer of a first aid service licence
SECTION A
(1) Full name of transferor:
(2) Postal address of transferor:
(3) The name, telephone number and email address of a contact person for the purposes of the application:
SECTION B
(1) The name of the first aid service and its street address:
(2) The proposed name and street address of the first aid service on transfer:
(3) Date of expiry of current first aid service licence:
(4) Class of licence to be transferred:
a basic first aid service; or
an intermediate first aid service; or
an advanced first aid service.
(5) The following information in relation to the transferee—
(a) the name of that person;
(b) the postal address of that person;
(c) that person's telephone number and email address.
(6) If the proposed transferee is a body corporate, the name and street address of each director or officer of the body corporate who may exercise control over the first aid service:
Signature of transferor and transferee:
Name of each signatory:
Date:
*Delete if inapplicable.
Schedule 6—Application for variation of a first aid service licence
Regulation 23(1)
Application for variation of a first aid service licence
SECTION A
(1) Full name of applicant:
(2) Postal address of applicant:
(3) The name, telephone number and email address of a contact person for the purposes of the application:
SECTION B
(1) The nature of the variation sought (variation of licence or variation of condition to which licence is subject):
(2) Details of the variation sought:
Signature of applicant:
Name of each signatory:
Date:
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Non-Emergency Patient Transport and First Aid Services (First Aid Services) Regulations 2021, S.R. No. 149/2021 were made on 30 November 2021 by the Governor in Council under section 64 of the Non-Emergency Patient Transport and First Aid Services Act 2003, No. 69/2003 and came into operation on 30 November 2021: regulation 3.
The Non-Emergency Patient Transport and First Aid Services (First Aid Services) Regulations 2021 will sunset 10 years after the day of making on 30 November 2031 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
There are no amendments made to the Non-Emergency Patient Transport and First Aid Services (First Aid Services) Regulations 2021 by statutory rules, subordinate instruments and Acts.
3 Amendments Not in Operation
This version does not contain amendments that are not yet in operation.
4 Explanatory details
Reg. 4 def. of certificate of roadworthiness: S.R. No. 116/2021.
——
Fee Units
These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.
The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.
The value of a fee unit for the financial year commencing 1 July 2021 is $15.03. The amount of the calculated fee may be rounded to the nearest 10 cents.
The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
Penalty Units
These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2021 is $181.74.
The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
——
Table of Applied, Adopted or Incorporated Matter
The following table of applied, adopted or incorporated matter was included in S.R. No. 149/2021 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.
| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |
| --- | --- | --- |
| Regulation 4(1) (definition of ***infection control guidelines***) | National Health and Medical Research Council's Australian Guidelines for the Prevention and Control of Infection in Healthcare published by the Commonwealth in 2019 | The whole |
| Regulation 12(4) | Australian/New Zealand Standard AS/NZS 4535:1999 Ambulance restraint systems, published by Standards Australia and Standards New Zealand on 5 February 1999 | The whole |
| Regulation 37(1)(g) | National Health and Medical Research Council's Australian Guidelines for the Prevention and Control of Infection in Healthcare published by the Commonwealth in 2019 | Section 4.2.1 |
| Regulation 41(1) | National Health and Medical Research Council's Australian Guidelines for the Prevention and Control of Infection in Healthcare published by the Commonwealth in 2019 | The whole |