Ambulance Services Act Amendment Act 1970 (Qld)

296 ANNO NONODECIMO ELIZABE THAE SECUNDAE REGINAE No. 23 of 1970 An Act to Amend T he Ambulance ServicesAct of 1967 in certain particulars [ASSENTED TO 2ND NOVEMBER, 1970] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Ambulance Services Act Amendment Act 1970. (2) The Ambulance Services Act of 1967 is in this Act referred to as the Principal Act, (3) The Principal Act as amended by this Act may be cited as the Ambulance Services Act 1967-1970. 2. Amendment of s. 4 . Section 4 of the Principal Act is amended by- (a) inserting after the definition " Contributor " the following definition:--- " Member of a Brigade "-A superintendent, deputy superintendent or bearer of a Brigade or a person who acts as an honorary bearer for a Brigade;";

Ambulance Services Act Amendment Act 1970, No, 23 297 (b) inserting after the definition " State Council " the following definition:- " " Vehicle "-Any means of land, water or aerial transport;". 3. Amendment of s. 6 . Section 6 of the Principal Act is amended by, in subsection (2), omitting paragraphs (d) and (e) and inserting in their stead respectively the following paragraphs:- (d) two persons (each being a member of a Brigade other than a Superintendent) appointed by the Federated Miscellaneous Workers' Union of Australia, Queensland Branch, Ambulance Section, or by such other industrial association of employees, or section of such an association, as is accepted by the Minister as representative of employees who are members of Brigades ; (e) two persons (each being a superintendent of a Brigade) appointed by the Ambulance Superintendents' Association of Queensland or by such other industrial association of employees, or section of such an association, as is accepted by the Minister as representative of superintendents of Brigades;". 4. Amendment of s. 14 . Section 14 of the Principal Act is amended by- (a) omitting subsection (1) and inserting in its stead the following subsection:- " (1) The Ambulance Administration Fund established in the Treasury as at the date of commencement of the Ambulance Services Act Amendment Act 1970 shall, under that name, be maintained in the Treasury."; (b) in subsection (3), omitting the words " by the State Council ". 5. Amendment of s. 22. Section 22 of the Principal Act is amended by adding the following paragraph:- " (3) If upon the expiration of the time prescribed or fixed for holding an election- (a) no candidate is elected or, pursuant to rule 6 of the Fourth Schedule of this Act, is deemed to be elected; or (b) an election has not been held on account of circumstances other than those referred to in rule 6 of the Fourth Schedule to this Act; or (c) the number of candidates elected or deemed to be elected is less than the number of members of the Committee required to be elected, the Governor in Council may, by notification published in the Gazette, appoint a person or a sufficient number of persons qualified as prescribed for membership of the Committee to fill the vacancies which ought to have been filled at the election and the person or persons so appointed shall be deemed to have been duly elected within the time prescribed or, as the case may be, fixed.".

298 Ambulance Services Act Amendment Act 1970, No. 23 6. Amendment of s. 24. Section 24 of the Principal Act is amended by inserting after paragraph (f) the following paragraph:- (g) is a member of the Brigade provided and maintained by the Committee or is an employee of the Committee.". 7. Repeal of and new s. 42. The Principal Act is amended by repealing section 42 and inserting in its stead the following section:- '1 42 . Zonal conferences . (1) Upon request made to the State Council by the majority of the Committees whose Areas comprise a zone, conferences may from time to time be held for the purpose of mutual discussion by members of those Committees on matters affecting those Committees. Regulations made under this Act may prescribe the manner in which such conferences shall b convened, the times when and places where such conferences may be held, the manner in which the business of such a conference shall be conducted, the entitlement of members of Committees and other persons to attend such conferences and their rights and obligations arising from attendance at such conferences, and all other matters associated with the holding and the proper functioning of such conferences. (2) Notwithstanding any other provision of this Act a person or persons appointed by the State Council may attend every such conference." 8. Amendment of s. 47. Section 47 of the Principal Act is amended by, in subsection (2), (a) inserting after paragraph (b) the following paragraph:- (c) the operations throughout the State of the Royai Flying Doctor Service of Australia or of any person authorized by that Service while acting on its behalf;"; (b) re-designating paragraphs (c) and (d) as paragraphs (d) and (e) respectively. 9. Amendment of Third Schedule . The Third Schedule to the Principal Act is amended by adding the following rule:- " 18. Regulation of State Council ' s power to contract . (1) The State Council may enter into contracts, and every such contract may be made, varied, or discharged as follows, that is to say:- (a) any contract which, if made between natural persons, would by law be required to be in writing and under seal, may be made by the State Council in writing and under its seal, and may be varied or discharged in the same manner; (b) any contract which, if made between natural persons, would by law be required to be in writing signed by the parties to be charged therewith, may be made in writing signed by the President of the State Council, or by any two members acting by the direction and on behalf of the State Council, and may be varied or discharged in the same manner;

Ambulance Services Act Amendment Act 1970, No. 23 299 (c) any contract which, if made between natural persons, would by law be valid, although not reduced into writing, may be made without writing by the President of the State Council or by any two members acting by the direction and on behalf of the State Council, and may be varied or discharged in the same manner. (2) Subject as is in this rule provided, all contracts made according to the provisions contained in this rule, shall be effectual in law and shall be binding on the State Council and all other parties thereto, their successors , executors , or administrators, as the case may be, and in case of default in the execution of any such contract either by the State Council or by any other party thereto such actions may be maintained thereon and such damages and costs recovered by or against the State Council or other party failing in the execution thereof as might have been maintained and recovered if the same contracts had been made between natural persons only. (3) Notwithstanding anything contained in this Act or in any other Act, or law, or rule, or process of law to the contrary, the State Council shall not enter into a contract of the following nature, namely:- (a) a hire-purchase agreement within the meaning of The Hire-purchase Act of 1959; (b) a contract of sale whereby the payment by the State Council for any plant, goods, material, or other property is spread over a period of time whereby such payment may be made by way of instalments; (c) in respect of the carrying out by any person on behalf of the State Council of any works or undertakings (other than works carried out by means of loans pursuant to this Act) a contract whereby the payment by the State Council for the carrying - out of such works or undertakings is spread over a period of time whereby such payments may be made by the State Council by way of instalments: Provided that nothing in this paragraph (c) shall prohibit the State Council from making any payment by way of a progress payment in respect of the part performance of any contract otherwise lawful under this Act, and notwithstanding that the carrying - out of the work under any such contract extended beyond one year. A contract entered into by the State Council contrary to the provisions of this subrule is void and of no effect. If the State Council having entered into a contract which, by virtue of this subrule, is void and of no effect pays in respect of such contract any money, all the members of the State Council who consented to the contract shall be jointly and severally liable to repay the same to the State Council , and the same may be recovered from such members or any of them as money due and owing by such members to the State Council by action at the suit of the Minister in any court of competent jurisdiction.

300 Ambulance Services Act Amendment Act 1970, No. 23 (4) The State Council may, for such sum of money or other consideration as it thinks fit, compound with any person who has entered into a contract with the State Council (other than a contract which is, by virtue of this rule, void and of no effect) or by or against whom any action or other proceeding may be or has been brought against or by the State Council for any cause whatsoever. (5) Except in a case of emergency, before the State Council enters into a contract for the execution of any work or the furnishing of any plant, goods, materials or other property to the value of five hundred dollars or upwards the State Council shall invite tenders in relation thereto. Such tenders may be invited- (a) by publication in a newspaper or newspapers of three weeks' notice of the State Council's intention to enter into such contract in which notice such tenders shall be invited; or (b) in such other manner as might reasonably be expected to ensure the receipt of a reasonable number of such tenders. The State Council may accept the tender which on a view of all the circumstances appears to it to be most advantageous, and may take security for the due performance of every such contract, or the State Council may decline to accept any of the tenders. (6) Subrule (5) of this rule does not apply with respect to a contract for the execution of any work or the furnishing of any plant, goods, materials or other property entered into by the State Council with a Department of the Government, a Crown corporation or instrumentality or a corporation or instrumentality representing the Crown, or any Hospitals Board, or to such a contract entered into by the State Council with the State Stores Board or entered into by the State Stores Board for the State Council. 10. Amendment of Fourth Schedule . The Fourth Schedule to the Principal Act is amended by- (a) in rule 3, omitting subrule (1) and inserting in its stead the following subrule:- " (1) The secretary of the Committee shall, upon giving public notice of election under rule 2 of this Schedule, (a) compile a list of the names and addresses (as shown in his records) of all persons who are contributors to the Brigade concerned as at the date immediately preceding the date on which the public notice is given; (b) under his hand, certify as correct the list compiled; (c) keep in his office the list so certified available for inspection by any contributor to the Brigade concerned. Persons who are contributors to the Brigade as at the date immediately preceding the date on which public notice of election is given shall be the persons entitled to vote at the election of the Committee concerned, and shall be the only persons so entitled.

Ambulance Services Act Amendment Act 1970, No. 23 301 A secretary of a Committee who certifies as correct a list that to his knowledge is compiled otherwise than in accordance with this rule commits an offence against this Act."; (b) In rule 7, inserting in the prescribed form of ballot-paper after the space following the words " elected is " the words " and any ballot-paper which records a vote for a number of candidates in excess of that number shall be excluded from the poll "; (c) inserting after rule 7 the following rule:- " 7A. Scrutineers . A candidate for an election may appoint any contributor to the Brigade concerned other than the returning officer as a scrutineer to represent him at any time and place in connexion with the election. A candidate shall be deemed not to have appointed a scrutineer unless he has informed the returning officer in writing of the appointment and of the identity of the scrutineer. Where at any time and place a scrutineer is present to represent a candidate for an election that candidate shall not be entitled to be also present."; (d) adding to rule 8 the following paragraphs:- " The returning officer shall give to each candidate or to his scrutineer at least twenty-four hours' notice in writing of his intention to lock and seal the ballot-box for use at an election. The ballot-box shall be open to be inspected by the returning officer and by such of the candidates as attend at the appointed time or their scrutineers so attending in their stead and, subject to the last preceding paragraph, shall be in their presence locked and sealed for receiving the ballot-papers and shall, during the taking of the poll at the election, be kept upon the table at which the returning officer presides for the purposes of the election."; (e) in rul° 9, omitting from subrule (2), (i) all words, being part of paragraph (a), from and including the words " Where a person " to and including the words " name of the elector " and inserting in their stead the following words:- " Where a person attends at the place of nomination and makes written application on a form provided by the returning officer, the returning officer, upon being satisfied that such person is entitled to vote, shall- (i) properly complete the note to electors appearing in the form of ballot-paper; (ii) initial the ballot-paper; and (iii) deliver the ballot-paper, so completed and initialled, to such person. Upon delivery of the ballot-paper to the elector, the returning officer shall- (i) if the elector's name is not already on the voter's roll compiled under rule 3 of this Schedule, add the name to the roll; and (ii) in any case, place a mark on the roll against the name of the elector.";

302 Ambulance Services Act Amendment Bill 1970, No. 23 (ii) all words, being part of paragraph (b), from and including the words " Where a person " to and including the words " name of the elector" and inserting in their stead the following words:- " Where a person applies by post for a ballot-paper the returning officer, upon being satisfied that such person is entitled to vote, shall- (i) properly complete the note to electors appearing in the form of ballot-paper; (ii) initial the ballot-paper; and (iii) send to such person the ballot-paper, so completed and initialled, together with an unsealed prepaid post envelope addressed to the returning officer at the place of nomination and endorsed " Ballot-paper, (name of Committee) Ambulance Transport Brigade Committee ". Upon sending the ballot-paper to the elector, the returning officer shall- (i) if the elector's name is not already on the voter's roll compiled under rule 3 of this Schedule, add the name to the roll; and (ii) in any case, place a mark on the roll against the name of the elector."; (f) in rule 10, (i) inserting in subrule (1) after the words " the returning officer shall " the words " in the presence of such of the candidates as attend at the prescribed time or their scrutineers so attending in their stead "; (ii) omitting from subrule (2) all words from and including the word " and " to the end of the subrule and inserting in their stead the following words:- " (b) any ballot-paper which is not marked in voting and initialled as prescribed by these rules; and (c) any ballot-paper which records a vote for a number of candidates in excess of the number of candidates to be elected as members of the Committee."; (iii) omitting from subrule (3) all words comprising paragraph (a) and inserting in their stead the following paragraphs:- "(a) As soon as practicable after completing such examination and count of votes the returning officer shall declare elected the candidates in order according to the number of votes received by each of them commencing with the candidate who received the greatest number of votes until the prescribed number of members of the Committee has been declared elected and upon each such declaration the candidate so declared shall be taken to have been elected. The returning officer shall, within seven days from the date on which he declares the election of candidates, cause notice of his declaration to be published once at least in a newspaper circulating in the Area concerned.";

Ambulance Services Act Amendment Act 1970, No. 23 303 (iv) adding the following subrule:- " (4) Forthwith upon the declaration of the poll taken at an election the returning officer (a) shall enclose in one packet all votes included in the count for taking the poll; (b) shall enclose in another packet all votes not included in the count for taking the poll; (c) shall securely fasten and seal each such packet; (d) shall safely keep such packets so fastened and sealed for a period of at least six months."; (g) inserting after rule 10 the following rule: " 1OA. Inquiry into disputed election . (1) A contributor who claims to be aggrieved by an election of members of a Committee by reason of- (a) one or more of the candidates elected not being qualified to be a candidate for election or a member of the Committee concerned; or (b) any irregularity in the conduct of the election, if he was entitled to vote at the election, may apply in writing to the State Council to enquire into the matter raised by the application. Every such application shall be made within one month after the declaration by the returning officer of the result of the poll taken at the election and shall specify the matter of complaint to which it refers with particularity sufficient to identify the same. (2) Where five or more contributors have duly made application (either conjointly or severally) that complies with the preceding subsection and that relates to the one election whether in respect of one matter of complaint or in respect of different matters of complaint the State Council may- (a) in respect of a matter of complaint referred to in paragraph (a) of the preceding subrule, notify the candidate or candidates alleged to be not qualified and the returning officer to show cause why such candidate or candidates should not be removed from membership of the Committee in question; (b) in respect of a matter of complaint referred to in paragraph (b) of the preceding subrule, notify the returning officer to show cause why the election should not be avoided. A notice to show cause shall not be issued on any ground which in the opinion of the State Council is frivolous or vexatious. (3) Every notice to show cause shall be in writing and shall specify the matter or matters of complaint alleged in respect of the election or, as the case may be, the candidate in question. In every notice to show cause the State Council shall nominate a time and place at which cause is to be shown.

304 Ambulance Services Act Amendment Act 1970, No. 23 (4) If at the time and place nominated therefor in the notice to show cause or to which the inquiry is from time to time adjourned it is not. shown to the satisfaction of the State Council that the candidate in question was, at the time of the election, qualified to be a candidate for election or, as the case may be, to be a member of the Committee concerned or, as the case may require, it is not shown to the satisfaction of the State Council that the election in question was conducted according to this Act or that the irregularity alleged therein did not make the election unsatisfactory the State Council may- (a) where the matter of complaint concerns the qualification of a candidate, order that the candidate be removed from office as a member of the Committee concerned; (b) where the matter of complaint concerns an irregularity in the conduct of an election, order that the election be avoided. (5) By virtue of an order made pursuant to paragraph (a) of the last preceding subrule the candidate concerned shall be deemed to have resigned his office as a member of the Committee concerned and the vacancy in his office may be filled pursuant to section 26 of this Act. By virtue of an order made pursuant to paragraph (b) of the last preceding subrule it shall be deemed that the election in question was never held and, where the case requires it, the avoidance of the election shall be an emergent circumstance for the purposes of subsection (2) of section 22 of this Act. (6) The provisions of The Commissions of Inquiry Acts 1950 to 1954 shall apply with respect to a proceeding to show cause conducted by the State Council under this rule as if the State Council were a Commission of Inquiry under those Acts and the members thereof were Commissioners." 11. Amendment of Fifth Schedule. The Fifth Schedule to the Principal Act is amended by adding the following rule:- 20. Offences . A person who- (a) wilfully obstructs or interferes with a member of a Brigade in the discharge of his duties or functions on behalf of the Brigade; (b) destroys, damages or unlawfully retains possession of any property of a Committee; (c) by his conduct or statements or by both such means falsely and with knowledge of the falsity represents that any circumstances exist which as so represented reasonably call for action by a member of a Brigade; or (d) interferes with or deals with any plant, equipment or vehicle of a Committee so as to obstruct or be likely to obstruct the Committee or any member of a Brigade in the discharge of its or his duties or functions under this Act, commits an offence against this Act.

Ambulance Services Act Amendment Act 1970, No. 23 305 Penalty: One hundred dollars or imprisonment for six months and, in addition, may be ordered to pay to the Committee concerned the damage or expense estimated by the court by which he is convicted to have been caused by his offence. Without prejudice to any other mode of enforcement thereof available at law, a certificate of the clerk of the court that includes the terms of an order to pay such damage or expense may be registered in the registry of a court having jurisdiction in an action for debt wherein the amount claimed equals the amount so ordered to be paid and thereupon the order may be enforced as an order for payment to the Committee concerned of a debt due and owing to it made by that court."