Ambulance Services Act Amendment Act 1975 (Qld)

448 (0118E.Ttslaxth ANNO VICESIMO QUARTO ELIZABETHAE SECUNDAE REGINAE No. 38 of 1975 An Act to amend the Ambulance Services Act 1967-1974 in certain particulars [ASSENTED TO 1ST OCTOBER, 19751 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 1975. (2) The Ambulance Services Act 1967-1974 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 1967-1975. 2. Anmuinwnt of. s. 4. Section 4 of the Principal Act is amended by inserting before the definition "Area " the following definition:- "Appointment Board "-The Appointment Board of the Queensland Ambulance Transport Brigade constituted by and under this Act;".

Ambulance Services Act Amendment Act 1975, No. 38 449 3. Amendment of s. 8. Section 8 of the Principal Act is amended by- (a) omitting paragraph (f) ; (b) omitting the expression " Council:" and substituting the expression " Council."; (c) omitting the proviso. 4. New s. 12A . The Principal Act is amended by inserting after section 12 the following section:- " 12A. Where State Council deemed to be employer. Where there arises an industrial cause within the meaning of the Industrial Conciliation and Arbitration Act 1961-1974 which in the opinion of the State Council affects, or is likely to affect, more than one Committee, then for the purposes of negotiations concerning such cause , settlement of such cause, and any arbitration entered into in relation to such cause the State Council shall be deemed to be the employer of the employees who are involved in the cause or who, in the council's opinion, are or are likely to be involved in the cause and to be a party to the cause and to any proceedings before the Industrial Court or Industrial Commission arising out of such cause to the exclusion of all Committees any provision of an industrial award or-industrial agreement or of the Industrial Conciliation and Arbitration Act 1961-1974 notwithstanding: Provided that any agreement or order made in settlement of any such cause shall be binding on every Committee that is affected by the agreement or order and on the employees of every such Committee.". 0 5. Amendment of s. 13. Section 13 of the Principal Act is amended by omitting the words " Public Service Commissioner " and substituting the words " Public Service Board ". 6. Amendment of s. 24.- Section 24 of the Principal Act is amended by- (a) omitting paragraph (f); (b) omitting the expression " Committee:" and substituting the expression " Committee."; (c) omitting the proviso. 7. Amendment of s. 29. Section 29 of the Principal Act is amended by, in subsection (1), adding at the end of the subsection the following paragraph " But such appointment of a Superintendent, deputy superintendent, secretary or other officer or employee prescribed by the regulations shall be made in the manner provided in the Seventh Schedule to this Act." 8. New s. 34A. The Principal Act is amended by inserting after section 34 the following section:- " 34A. Duty of Committee with respect to certain moneys and other property . (1) Where it appears to a Committee that money or other property- .(a) belonging to the Committee;

450 Ambulance Services Act Amendment Act 1975, No. 38 (b) received by the Committee, is stolen or not brought into account, notice thereof shall be given forthwith by the Committee to the Auditor-General and the officer in charge of police within or nearest to the Area for which the Committee is established. (2) A Committee shall not abstain from, discontinue or delay a prosecution for an offence against the laws of this State with respect to money or property referred to in subsection (1), nor promise to abstain from, discontinue or delay or withhold evidence material to that prosecution.". 9. Amendment of Third Schedule . The Principal Act is amended by, in the Third Schedule- (a) in rule 11, inserting after the words " shall receive " the words ", subject to rule 12 of this Schedule,"; (b) in rule 12, (i) inserting after the words " any committee thereof or " the following words:- ",where he attends a meeting of the State Council, Executive or- a committee thereof outside his ordinary working hours,"; . (ii) adding at the end of the rule the following paragraph:- " Where the holder of an office attends a meeting during his ordinary working hours he shall be entitled to accept and retain only so much of such allowances, fees and expenses payable pursuant to this Act as will reimburse him for expenses necessarily incurred by him in attending the meeting.". 10. Amendment of Fifth Schedule . The Principal Act is amended by, in the Fifth Schedule- (a) in rule 10, inserting after the words " shall receive " the words ", subject to rule IOA of this Schedule,"; (b) inserting after rule 10 the following rule:- " 10A. Where officers of Government Departments , etc., appointed. Where by or under any Act or regulation, provision is made requiring the holder of an office specified therein to devote the whole of his time to the duties of his office, or prohibiting him from engagement in employment outside the duties of his office, such provision shall not operate to disqualify him from holding that office and also being a member of a Committee or sub-committee or, where he attends a meeting of the Committee or sub-committee outside his ordinary working hours, from accepting and retaining any allowances, fees and expenses as are prescribed. Where the holder of an office attends a meeting during his ordinary working hours he shall be entitled to accept and retain only so much of such prescribed allowances, fees and expenses as will reimburse him for expenses necessarily incurred by him in attending the meeting.". 11. Amendment of Sixth Schedule . The Principal Act is amended by, in the Sixth Schedule- (a) in rule 18, inserting after the words " an Appeal Board " the words " the Appointment Board,";

Ambulance Services Act Amendment Act 1975, No. 38 451 (b) omitting rule 25 and substituting t, he following rule:- " 25. Seniority . (1) The respective seniorities of officers and employees holding any position in a Brigade or in the employment of a Committee shall be determined in accordance with this rule. (2) For the purpose of establishing seniority continuous service in any Brigade (whether in the Brigade with which the appeal is concerned or in another Brigade and whether. in one Brigade or more than one Brigade) or in the employment of any Committee (whether of the Committee with which the appeal is concerned or of another Committee and whether of one Committee or more than one Committee) shall be taken into account. If the service had by any person in the Brigade of more than one Committee or in the employment of more than one Committee would be taken to be continuous service had it been in the Brigade or employment of one Committee such service shall be accepted as continuous service to be taken into account for the purposes of this rule. For the purpose of establishing seniority only service on a permanent and full time basis shall be taken into account. (3) The service of any person in the Brigade or employment of a Committee shall be accepted as continuous service notwithstanding that- (a) he had been dismissed or stood-down by the Committee or, for any purpose other than service with Her Majesty's Naval, Military or Air Forces other than a permanent such force, he had himself terminated his employment in any case for a period not exceeding three months if within that period he is re-employed by the Committee by which he was employed at the time of his dismissal, stand-down or termination as aforesaid or is employed by another Committee; or (b) his service had been interrupted by his service with Her Majesty's Naval, Military or Air Forces other than a permanent such force. In this subrule the expression " permanent such force " does not include service as required by the National Service Act1951-1971 of the Commonwealth or by any Act passed in amendment or substitution of that Act. (4) An officer or employee who has had continuous service in a Brigade or in a Committee's employment for a longer period is senior to an officer or employee who has had continuous service in a Brigade or in a Committee's employment for a less period: Provided that- (a) an officer or employee who holds a position that carries a higher basic salary is senior to an officer or employee who holds a position that carries a lower basic salary; and (b) where two or more positions in- a Brigade or in a Committee's employment carry the same basic salary, an officer or employee who has continuously served in such a position for a longer period is senior to an officer or employee who has continuously served in such a position for a less period.

452 Ambulance Services Act Amendment Act 1975, No. 38 Where the application of the provisions of the foregoing proviso to service in relevant positions held at any material time does not establish the seniority of one person to another those provisions shall be applied in respect of previous service in relevant positions held by the persons concerned, commencing with the most recent service and proceeding backwards in time until the seniority is thereby established or the further application of those provisions is impossible, before the other provisions of the first paragraph of this subrule are applied to establish that seniority. (5) In this rule the expression " basic salary " means-- (a) when the position in respect of which it is to be applied is one within the application of any industrial award, the salary or wage that is provided by that award to be paid to the holder of the position in the Southern Division Eastern District of the State; (b) when the position in respect of which it is to be applied is one within the application of any industrial agreement. the salary or wage that is provided by that industrial agreement to be paid to the holder of the position; (c) when the position in respect of which it is to be applied is one for which the salary or wage is approved by the State Council, the salary or wage so approved at the material time; (d) when the position in respect of which it is to be applied is one for which the salary or wage is fixed by the Public Service Board constituted under the PublicServiceAct1922-1973, the salary or wage so fixed at the material time; (e) when the position in respect of which it is to be applied is one for which the salary or wage is fixed by the Committee in whose Brigade or employment the position is, the salary or wage that is payable to the holder of the position in the Southern Division Eastern District of the State, but in every case is the amount of such salary or wage exclusive of any additional sum that may be or become payable to the holder of the position in question by way of a division, district or zone allowance or any allowance of any other kind,.overtime or other additional remuneration of any kind whatever.". (c) in rule 26, omitting the words "the Committee concerned are necessary for the proper discharge of the duties of the position to be filled, together with merit, diligence and good conduct " and substituting the following words:- (a) the Appointment Board in the case of an appointment required to be made in accordance with the Seventh Schedule to this Act; (b) the Committee concerned in any other case, are necessary for the proper discharge of the duties of the position to be filled, together with merit, diligence and good conduct ".

Ambulance Services Act Amendment Act 1975, No. 38 453 12. New Seventh Schedule . The Principal Act is amended by adding at the end of the Sixth Schedule the following Schedule:- "SEVENTH SCHEDULE [s. 29 (1)] RULES GOVERNING APPOINTMENT OF SUPERINTENDENT, DEPUTY SUPERINTENDENT, SECRETARY OR ANY OTHER PRESCRIBED OFFICER OR EMPLOYEE 1. Appointment Board . (1) For the purposes of this Act there shall be constituted an Appointment Board to be ]mown as the "Appointment Board of the Queensland Ambulance Transport Brigade ". The Appointment Board shall have and may exercise and discharge the powers, authorities, duties and functions conferred or imposed upon it by this Schedule. (2) The Appointment Board shall consist of five members of whom- (a) one shall be the President of the State Council for the time being (or in his absence the Vice-President of the State Council for the time being) who shall be Chairman; (b) one shall be a member of the State Council appointed pursuant to paragraph (d) of section 6 (2) of this Act, appointed by the State Council; (c) one shall be a member of the State Council appointed pursuant to paragraph (e) of section 6 (2) of this Act, appointed by the State Council; (d) two shall be members of the State Council appointed pursuant to paragraph (g) of section 6 (2) of this Act, appointed by the State Council. 2. Additional member of Appointment Board in certain cases. When at any meeting of the Appointment Board applications for appointment to any Brigade of a Committee or as an employee of a Committee are to be considered- (a) a member of that Committee, appointed for the purpose by that Committee, or (b) one of the members of the State Council appointed pursuant to paragraph (g) of section 6 (2) of this Act (not being otherwise a member of the Appointment Board), appointed in writing by the Committee to whose Brigade or employment the applications relate, shall be entitled to attend the meeting for the purpose of participating and to participate in the business of considering the applications, of making investigations in respect thereof and of selecting a suitable applicant or suitable applicants as a member of the Appointment Board. Upon completion of the business of the Appointment Board that concerns the appointment to the Brigade or as an employee of the Committee that appointed him, the person entitled to attend the Board's meeting under this subrule shall withdraw from the meeting.

454 Ambulance Services Act Amendment Act 1975, No. 38 3. Secretary to Appointment Board . The secretary for the time being of the State Council shall be the secretary to the Appointment Board. 4. Meetings of the Appointment Board . (1) The Appointment Board shall meet as often as is necessary for the due administration of these rules, at such times and places as it thinks fit, and shall conduct its business in the manner prescribed or, in so far as not prescribed, as it determines from time to time. (2) A quorum at any meeting of the Appointment Board shall be four persons entitled to participate in the business before the meeting. (3) The Chairman of the Appointment Board shall preside at all meetings at which he attends and in his absence another member of the Board chosen for the purpose by the majority of the persons present and entitled to participate in the business of the meeting shall preside. (4) The decision of the majority of a quorum of the Appointment Board shall be the decision of the Board. (5) If a person entitled to vote at any meeting abstains from voting-he shall be taken to have cast his vote for the negative. (6) The person presiding at a meeting of the Appointment Board shall have a deliberative vote and when there is an equal division of votes upon any question shall have a casting vote. 5. Business of the Appointment Board . The Appointment Board shall- (a) from time to time provide for forms of application for any appointment required to be made in accordance with this Schedule; (b) ensure that supplies of application forms provided for are made available to every Committee; (c) notify the secretary of every Committee by circular letter of any vacancy to which an appointment may be made in accordance with this Schedule which letter shall set out- (i) details of the vacant position or positions; (ii) the salary or wage payable to the appointee to such position, including full details of any allowances or other benefits; (iii) the qualifications required for the position or positions; (iv) the date on which and the time at which applications for appointment to the position or positions close with the secretary of the Appointment Board. (d) as soon as practicable but not later than one month after the closing date for applications specified with respect to any position, convene a meeting to consider the applications for appointment to that position;

Ambulance Services Act Amendment Act 1975, No. 38 455 (e) at a duly convened meeting , require the secretary to present all applications received up to the specified closing time on the closing date specified with respect to the position to which the applications relate together with such other information as it may from time to time require; (f) examine the applications having due regard to the qualifications, efficiency, suitability, nature and length of service of each applicant; (g) interview any applicant, and make such investigations as it thinks necessary concerning any applicant; (h) select an applicant for appointment to the vacant position or, if it thinks fit, select a number of applicants who it considers are suitable for appointment; (i) notify the Committee to whose Brigade or in whose employment the appointment is to be made of- (i) the name of and such other details as it thinks fit concerning the applicant or, as the case may be, applicants concerned; (ii) the name and address of every unsuccessful applicant who is entitled by this Act to appeal against the appointment. 6. Lodgment of Application . Every application for an appointment required to be made in accordance with this Schedule shall be addressed to the Secretary, Appointment Board of the Queensland Ambulance Transport Brigade, and shall-be furnished to him at his address for the time being in Brisbane. 7. Method of appointment . Upon receipt of the notification pursuant to paragraph (i) of rule 5 of these rules the Committee shall, as soon as practicable, pass a resolution appointing the applicant selected by the Appointment Board or, as the case may be, one of the applicants selected by the Appointment Board to the vacant position in its Brigade or employment, as the case may be. As soon as practicable the Committee shall forward a copy of the resolution to the Appointment Board. 8. Allowances . The members of the Appointment Board (whether provided for in rule I or rule 2 of these rules), other than the President and Vice-President of the State Council. shall receive, subject to rule 9 of these rules, such allowances, fees and expenses as are prescribed. 9. Where officers of Government Departments , etc., appointed. Where by or under any Act or regulation. provision is made requiring the holder of an office specified therein to devote the whole of his time to the duties of his office. or prohibiting him from engagement in employment outside the duties of his office, such provision shall not operate to disqualify him from holding that office and also being a member of the Appointment Board or, where he attends any meeting of the Board outside his ordinary working hours, from accepting and retaining any allowances. fees and expenses as are prescribed.

456 Ambulance Services Act Amendment Act 1975, No. 38 Where the holder of any such office attends any such meeting during his ordinary working hours he shall be entitled to accept and retain only so much of such prescribed allowances, fees and expenses as will reimburse him for expenses necessarily incurred by him in attending the meeting.".