Ambulance Services Act Amendment Act 1985 (Qld)

1575 (Iueenstan.h ANNO TRICESIMO QUARTO ELIZABETHAE SECUNDAE REGINAE No. 103 of 1985 An Act to amend the Ambulance Services Act 1967-1983 in certain particulars [ASSENTED TO 18TH DECEMBER, 1985]

1576 Ambulance Services Act Amendment Act 1985, No. 103 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 . This Act may be cited as the Ambulance Services Act Amendment Act 1985. 2. Commencement . (1) Section 1 and this section shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) Subject to subsection (1), this Act or the provisions thereof specified by Proclamation shall commence on the day or days appointed by Proclamation for the commencement of this Act or, as the case may be, those provisions. 3. Citation. (1) In this Act the Ambulance Services Act 1967-1983 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Ambulance Services Act 1967-1985. 4. Amendment of s. 2. Division of Act. Section 2 of the Principal Act is amended by omitting the words "PART II-THE STATE COUNCIL OF THE QUEENSLAND AMBULANCE TRANSPORT BRIGADE;" and substituting the following words:- "PART II-QUEENSLAND AMBULANCE SERVICES BOARD; PART IIA-AMBULANCE SERVICES STANDING COMMITTEE;". 5. Amendment of s. 3. Amendment of 1 Geo. 6 No. 4 and Savings. Section 3 of the Principal Act is amended by, in subsection (2)- (a) at the end of paragraph (h), omitting the expression ";" and substituting the expression "."; (b) omitting paragraphs (i), (j), (k) and (1). 6. Amendment of s. 4 . Interpretation . Section 4 of the Principal Act is amended by- (a) inserting after the definition "Area" the following definition:- " "Board"-The Queensland Ambulance Services Board constituted by and under this Act;"; (b) in the definition "By-law", omitting the words "State Council" and substituting the word "Board"; (c) inserting after the definition "Contributor" the following definition:- "Manager"-The manager of the Board appointed pursuant to section 13A; The term includes any person for the time

Ambulance Services Act Amendment Act 1985, No. 103 1577 being acting in or performing the duties of the office of manager;"; (d) in the definition "Member of a Brigade", omitting the words "or bearer of a Brigade or a person who acts as an honorary bearer for a Brigade" and substituting the words ", officer in charge, ambulance officer or any other officer of a Brigade and any person who acts in an honorary capacity as an officer of a Brigade"; (e) inserting after the definition "Minister" the following definition:- " "Region"-A region constituted by and under the authority of this Act;"; (f) omitting the definitions "Secretary" and "State Council" and substituting the following definition:- "Standing Committee"-The Ambulance Services Standing Committee constituted by and under this Act;". 7. Amendment of heading . The Principal Act is amended by omitting the heading occurring after section 5 and substituting the following heading:- "PART II-QUEENSLAND AMBULANCE SERVICES BOARD". 8. Repeal of ss. 6 and 7. The Principal Act is amended by repealing sections 6 and 7 and substituting the following sections:- "6. The Queensland Ambulance Services Board. (1) Upon the commencement of section 8 of the Ambulance Services ActAmendment Act 1985, the body corporate constituted by and under the Ambulance Services Act 1967-1983 styled "The State Council of the Queensland Ambulance Transport Brigade" shall be preserved, continued in existence and constituted as a body corporate styled the "Queensland Ambulance Services Board" and, by that name, shall have perpetual succession and a common seal which shall be judicially noticed, and shall be capable of- (a) suing and being sued; (b) compounding or proving in any court of competent jurisdiction all debts or sums of money due to it; (c) taking, acquiring by grant, purchasing, taking on lease, property; (d) granting, selling, alienating, leasing, assigning, transferring and surrendering to the Crown, property; and (e) doing and suffering all such acts and things as bodies corporate may by law do and suffer.

1578 Ambulance Seri-ices Act Amendment Act 1985, No. 103 (2) The Board shall consist of- (a) not more than six persons appointed by the Governor in Council of whom- (i) one shall be a medical practitioner within the meaning of the Medical Act 1939-1984; and (ii) one shall be a person nominated by an industrial association of employees pursuant to subsection (4); and (b) three persons (hereafter referred to in this Act as "regional representatives") respectively elected, in the manner prescribed in the Second Schedule, by the Committees within each region. (3) A chairman and deputy chairman of the Board shall be appointed by the Governor in Council from the members of the Board. (4) Each industrial association of employees that is accepted by the Minister as representative of employees who are members of Brigades may, within such time or times as the Minister may determine, nominate not fewer than two members of the association for the purposes of the making by the Governor in Council of an appointment pursuant to provision (ii) of subsection (2) (a). (5) If- (a) the Committees within a region fail to elect a regional representative pursuant to subsection (2) (b); or (b) at least one industrial association does not nominate at least two of its members pursuant to subsection (4), the Minister may, irrespective of whether or not the other members of the Board have commenced their terms of office, appoint a person as member of the Board who shall hold office as if appointed pursuant to subsection (2) (b) or, in a case referred to in paragraph (b) of this subsection, provision (ii) of subsection (2) (a). (6) Upon the commencement of section 8 of the AmbulanceServices Act Amendment Act 1985, the persons who, immediately before that commencement, held office as members of The State Council of the Queensland Ambulance Transport Brigade shall go out of office. 7. Appointment and term of office of members of Board. (1) A member of the Board shall, subject to this Act, hold office for such period, not exceeding three years, as is specified by the Governor in Council or, in the case of an appointment by the Minister pursuant to section 6 (5), by the Minister. (2) The Minister shall, as soon as practicable after the commencement of a term of office of a member of the Board,

Ambulance Services Act Amendment Act 1985, No. 103 1579 cause notification of that member's name and the term of his office to be published in the Gazette.". 9. New s. 7A. The Principal Act is amended by inserting after section 7 the following section:- "7A. Consequences of constitution of Board . (1) Upon the commencement of section 8 of the Ambulance Services ActAmendment Act 1985, every reference- (a) in any Act, other than that Act and this Act; (b) in any Proclamation, Order in Council, regulation,, by-law or other instrument made under the Ambulance Services Act 1967-1983 or any other Act; or (c) in any document or writing, to The State Council of the Queensland Ambulance Transport Brigade shall, unless the contrary intention appears, be read and construed as a reference to the Queensland Ambulance Services Board. (2) Upon the commencement of section 8 of the Ambulance ServicesAct Amendment Act 1985- (a) any proceeding that has been commenced (but is not concluded) by or against The State Council of the Queensland Ambulance Transport Brigade may be continued by or against the Board; and (b) the person charged with keeping any register of dealings concerning land in which The State Council of the Queensland Ambulance Transport Brigade is registered as the holder of an estate or interest in land shall, without requiring payment of any fee, alter the register to show the Queensland Ambulance Services Board as the holder of that estate or interest.". 10. Amendment of s. 8 . Disqualifications from office . Section 8 of the Principal Act is amended by- (a) in paragraph (a), inserting after the word "years" the words "or has attained the age of seventy years"; (b) in paragraph (d), omitting the expression " "The Mental Health Acts, 1962 to 1964" " and substituting the expression "the Mental Health Services Act 1974-1984"; (c) at the end of paragraph (d), omitting the expression ";" and substituting the expression ","; (d) omitting paragraphs (e) and (g); (e) in the general words at the end of the section omitting the words "State Council" and substituting the word "Board".

1580 Ambulance Services Act Amendment Act 1985, No. 103 11. Amendment of s. 9. Vacation of office . Section 9 of the Principal Act is amended by- (a) omitting the words "State Council" wherever occurring and substituting the word "Board" in each case; (b) in paragraph (c) omitting the word "secretary" and substituting the word "manager". 12. Repeal of s. 10. The Principal Act is amended by repealing section 10 and substituting the following section:- "10. Casual appointments to Board . (1) If from any cause, other than expiration of the term of office, a vacancy occurs in the office of a member of the Board the Governor in Council or, where the member was a regional representative, the Committees within that region shall, within a period of three months immediately following the occurrence of the vacancy, appoint a person to fill that vacancy and, in the event of a vacancy occurring in the office of a member of the Board appointed- (a) by the Governor in Council pursuant to provision (a) (i) of section 6 (2), the Governor in Council shall appoint another medical practitioner to fill the vacancy; or (b) by the Governor in Council pursuant to provision (a) (ii) of section 6 (2), each industrial association of employees that is accepted by the Minister as representative of employees who are members of Brigades may, within a period of two months immediately following the occurrence of the vacancy, nominate not fewer than two members of the association for the purposes of this paragraph and, if nominations are so made, the Governor in Council shall appoint one of the persons so nominated to fill the vacancy: (2) The Committees within a region shall appoint a person to fill a vacancy by electing him in the manner prescribed in the Second Schedule. (3) If- (a) the Committees within a region fail to make an appointment to fill a vacancy pursuant to subsections (1) and (2); or (b) nominations are not made by an industrial association pursuant to paragraph (b) of subsection (1), the Minister may appoint a person to fill the vacancy who shall be deemed to have been appointed by the Committees within a region or, as the case may be, by the Governor in Council.

Ambulance Services Act Amendment Act 1985, No . 103 1581 (4) A person appointed to fill a vacancy pursuant to this section shall, subject to this Act, hold office for the remainder of his predecessor's term of office.". 13. Amendment of s. 12. Section 12 of the Principal Act is amended by- (a) in subsection (1)- (i) in the note appearing in and at the beginning of the subsection, omitting the words "State Council" and substituting the word "Board"; (ii) in the general words preceding paragraph (a), omitting the words "State Council" and substituting the word "Board"; (iii) omitting paragraph (c) and substituting the following paragraphs:- "(c) ensure that- (i) every Committee complies with the provisions of this Act; (ii) every Committee provides its services, applies its funds and is administered, efficiently; (iii) the services provided by Committees are made available to all persons in the State in need of those services; (ca) give such directions, whether generally or to a particular Committee, as it thinks fit in order to achieve any of the purposes mentioned in paragraph (c); (cb) conduct training programmes for members of Brigades;"; (iv) in paragraph (e), omitting the words "State Council" and substituting the word "Board"; (v) omitting the expression ";" occurring at the end of paragraph (e) and substituting the expression "."; (vi) omitting paragraph (f); (b) in subsection (2)- (i) in the note appearing in and at the beginning of the subsection, omitting the words "State Council " and substituting the word " Board"; (ii) omitting the words "The State Council may" and substituting the words "The Board may, and when required so to do by the Minister shall,"; (c) omitting subsections (3) and (4).

1582 Ambulance Services Act Amendment Act 1985, No. 103 14. Amendment of s. 12A. Where State Council deemed to be employer. Section 12A of the Principal Act is amended by- (a) in the note appearing in and at the beginning of the section, omitting the words "State Council" and substituting the word " Board"; (b) omitting the words "State Council" where twice occurring and substituting the word "Board" in each case; (c) omitting the word "council's" and substituting the word "Board's". 15. Amendment of s. 13. Appointment of State Council officers. Section 13 of the Principal Act is amended by- (a) in the note appearing in and at the beginning of the section, omitting the words " State Council " and substituting the word "Board"; (b) omitting the first paragraph and substituting the following paragraph:- "The Board may, from time to time, appoint- (a) such officers and employees (other than the manager) as are necessary for the purposes of this Act; and (b) such number of assistant inspectors of Committees, for the purposes of section 13B, as is approved by the Minister."; (c) in the second paragraph, omitting the words "State Council" and substituting the word "Board". 16. New ss. 13A and 13B. The Principal Act is amended by inserting after section 13 the following sections:- "13A. Appointment of manager by Governor in Council. (1) The Governor in Council shall appoint a manager of the Board. (2) An appointment of manager shall be made under the Public Service Act 1922-1978 and the appointee shall- (a) subject to subsection (3), hold office under and in accordance with that Act; (b) be deemed to be an officer of the Department administered by the Minister; and (c) be entitled to hold such appointment in conjunction with any other appointment under that Act or under this Act. (3) The Board shall pay the salary of the manager and any contribution that , but for this subsection , would be required to be paid by the Treasurer pursuant to the State ServiceSuperannuationAct 1972-1985 in connexion with so much of any payment made out of the State Service Superannuation Fund

Ambulance Services Act Amendment Act 1985, No. 103 1583 as relates to the period for which a person held or has held office as manager. (4) The manager shall perform- (a) the secretarial and administrative work required for the proper performance of the Board's functions and the proper exercise of the Board's powers and authorities under this Act; and (b) such other duties as are delegated to him pursuant to subsection (5). (5) The Board may, with the approval of the Minister, delegate to the manager in writing any of its functions or duties under this Act except this power of delegation. (6) Upon the commencement of section 8 of the AmbulanceServices Act Amendment Act 1985, the person who, immediately before that commencement, held office as secretary to The State Council of the Queensland Ambulance Transport Brigade shall- (a) cease to be secretary to that Council but shall, without loss of remuneration or other entitlements, continue as an employee of the Board until his service with the Board is duly terminated; (b) deliver any seal, book of minutes, book of account, agreement, record or other document- (i) that relates to the business of that Council; and (ii) for the safe custody of which he was responsible immediately before that commencement, to the manager of the Board. 13B. Inspector of Committees. (1) The Board shall, with the approval of the Minister, appoint an inspector of Committees for the purposes of this Act. (2) An officer of the Public Service of the State may, in addition to the position which he holds in that Service, be appointed the inspector of Committees. (3) Where the person appointed inspector of Committees is not an officer of the Public Service of the State, he shall be employed on such terms and conditions and be paid such remuneration as is , from time to time, determined by the Board with the approval of the Public Service Board. (4) The inspector of Committees shall- (a) make inquiry into the administration and management of any Committee or Brigade when required so to do by the Board; and (b) make such other inquiry, or discharge such other duties, in respect of any Committee or Brigade as the Minister may require.

1584 Ambulance Services Act Amendment Act 1985, No. 103 (5) For the purpose of making any inquiry or discharging any duties referred to in subsection (4) the inspector of Committees may do all or any of the following:- (a) enter upon the premises of any Committee; (b) inspect the premises of any Committee and any records, documents, writings, equipment or vehicles of any Committee; (c) take copies of any records, documents or writings of any Committee; (d) require any Committee or any member, officer or employee of a Committee to answer any question or to supply such information as may be required by the inspector; and (e) require any Committee or any member, officer or employee of a Committee to produce all or any records, documents or writings relating to the Committee or to a Brigade provided by the Committee, at such time and place as may be required by the inspector. (6) The inspector of Committees may authorise an assistant inspector of Committees, appointed pursuant to section 13, to perform any of the duties of inspector referred to in subsection (4) and, in performing any such duties, an assistant inspector may exercise all or any of the powers mentioned in subsection (5) .". 17. Amendment of s. 14 . Ambulance Administration Fund . Section 14 of the Principal Act is amended by- (a) in subsection (2)- (i) in paragraph (a), omitting the word "endowment" and substituting the word "grant"; (ii) in the general words following paragraph (b), omitting the word "endowment" and substituting the word "grant"; (b) in subsection (3), omitting paragraphs (a) and (b) and substituting the following paragraphs:- "(a) to the general fund of the Board in each year an amount of ten per centum of the annual grant for that year; (b) to each Committee in each year, from the remainder of the annual grant for that year, such amount by way of a grant (not exceeding 50 per centum of the total expenditure approved or to be approved in the budget of the Committee

Ambulance Services Act Amendment Act 1985, No. 103 1585 for that year) as is approved by the Governor in Council in that budget;"; (c) omitting subsection (4). 18. Amendment of s. 15. General Fund of Council . Section 15 of the Principal Act is amended by- (a) in the note appearing in and at the beginning of the section, omitting the word "Council" and substituting the word "Board"; (b) in subsection (1), omitting the words "State Council" and substituting the word "Board"; (c) in subsection (3)- (i) omitting the words "State Council" wherever occurring and substituting the word "Board" in each case; (ii) in paragraph (b), omitting the word "secretary" and substituting the word "manager"; (iii) redesignating paragraph (c) as paragraph (d); (iv) inserting after paragraph (b) the following paragraph:- "(c) any special grant to a Committee approved pursuant to section 32A;". 19. Amendment of s. 16 . Trust Fund . Section 16 of the Principal Act is amended by- (a) in subsection (1), omitting the words "State Council" and substituting the word "Board"; (b) in subsection (2), omitting the words "State Council" and substituting the word "Board"; (c) in subsection (4), omitting all words from and including the words "State Council" to the end of the subsection and substituting the words "Board in the manner provided in section 16B". 20. New ss . 16A and 16B . The Principal Act is amended by inserting after section 16 the following sections:- "16A. Restrictions on capital disbursements of Board. (1) The Board shall not raise or appropriate any money, or incur any liability, in respect of any capital works or in respect of the preparations of any plans and specifications relating to capital works unless it has applied for and obtained the approval of the Minister in connexion therewith.

1586 Ambulance Services Act Amendment Act 1985, No. 103 (2) The Minister may, for the purposes of considering an application made under this section, require the Board to submit to him- (a) details of the proposed expenditure and proposed financial arrangements (including any borrowings) relating to the capital works; (b) details of the effect that the capital works will have upon the efficiency and costs of the Board's operations; and (c) such other information as he may require in respect of the application. (3) The Minister may approve (with or without modification) or reject any application made to him for the purposes of this section. (4) The Board shall not, unless permitted so to do by the Minister, include any amount in a budget under the capital disbursements heading relating to any capital works unless it has obtained the approval of the Minister pursuant to this section in connexion with those capital works. 16B. Investment powers. (1) Subject to this Act, the Board may from time to time invest moneys which are surplus for the time being in any of its funds in any one or more of the investments specified in section 48 (1) of the Statutory BodiesFinancial Arrangements Act 1982-1984. (2) Every security, safe custody acknowledgement or other document evidencing title issued in respect of an investment of moneys of the Board shall be held by the Board and recorded in a register styled the "Register of Investments". (3) The provisions of subsection (1)- (a) shall not apply in relation to moneys acquired by the Board under an instrument that expressly directs to the contrary; and (b) shall not be construed to restrict, in relation to particular moneys, the powers of investment conferred on the Board by an instrument under which it has acquired those moneys. (4) Where moneys have been invested or property is held by the Board in accordance with the provisions of this section or the directions of a donor, settlor or testator, the Board may from time to time, with the approval of the Minister upon the

Ambulance Services Act Amendment Act 1985, No. 103 1587 advice of the Treasurer , vary or transpose those investments or that property- (a) for or into other investments similarly so directed; or (b) into moneys for credit to the Board.". 21. Amendment of s. 17. Section 17 of the Principal Act is amended by- (a) in subsection (1), omitting the words "State Council" and substituting the word "Board"; (b) in subsection (2), omitting the words "State Council" and substituting the word "Board"; (c) in subsection (3), omitting the words "State Council" where twice occurring and substituting the word "Board" in each case; (d) in subsection (4), in paragraph (a)- (i) in the general words preceding provision (i), omitting the words "State Council" and substituting the word "Board"; (ii) omitting provision (i) and substituting the following provision:- "(i) the amounts to be disbursed upon the several works, matters and things to which the general fund is applied pursuant to section 15, which amounts, subject to this Act, shall be set out under the following headings:- (1) salaries, wages and associated costs of the Board; (2) maintenance costs related to the Board's operations; (3) capital disbursements; (4) special grants to Committees;"; (iii) in provision ( ii), omitting the words "State Council" and substituting the word "Board"; (e) in subsection (4), in paragraph (b)- (i) omitting provision (i) and substituting the following words:- "(i) particulars of each disbursement heading (including, in connexion with the capital disbursements heading, details of any approval given by the Minister pursuant to section 16A in respect of any capital disbursement provided for in

1588 Ambulance Sen,ices Act Amendment Act 1985, No. 103 the budget), and particulars of each budget classification and subdivision;"; (ii) adding at the end of paragraph (b) the following words:- "Hereafter in this Act, unless a contrary intention appears- "disbursement heading" means a heading mentioned in provision (i) of subsection (4) (a); "budget classification" means a prescribed class of disbursements within a disbursement heading; "subdivision" means a sub-heading of disbursements required by the Minister, within a budget classification."; (f) in subsection (4)- (i) in paragraph (c), omitting the words "State Council" and substituting the word "Board"; (ii) in paragraph (e), omitting the words "State Council" and substituting the word "Board"; (g) in subsection (5), omitting the words "State Council" and substituting the word "Board"; (h) omitting subsections (6) and (7) and substituting the following subsections:- "(6) As soon as is practicable after the adoption of the budget for the general fund by the Board, the Board shall submit the budget for the consideration of the Standing Committee pursuant to subsection (7). (7) The Standing Committee, in respect of a budget submitted for its consideration pursuant to subsection (6), shall- (a) if the budget provides for a capital disbursement, ensure that the Board has complied with the provisions of section 16A; (b) in respect of each special grant to a Committee provided for in the budget, ensure that approval for the grant has been obtained pursuant to section 32A; and (c) make such recommendation thereon to the Minister as it thinks fit. (8) The Minister, after receiving the recommendation of the Standing Committee pursuant to subsection (7), shall submit the budget of the Board for the approval of the Governor in Council and until so approved the budget shall have no force or effect. The Governor in Council may approve the budget of the Board without modification or may, after considering any recommendation made by the Standing Committee, approve the budget with such modifications as he thinks fit. (9) Unforeseen disbursements . If in any year it appears to the Board that there has arisen an unforeseen and emergent or

Ambulance Services Act Amendment Act 1985, No. 103 1589 extraordinary circumstance that requires the Board to make in that year from its general fund a disbursement- (a) for a purpose that was not provided for in the budget approved by the Governor in Council for that year; or (b) for a purpose that was provided for in that budget but the amount of that disbursement would cause the amount allocated in the budget to the disbursement heading, or to the budget classification, relevant to that purpose to be exceeded, the Board shall, before making the disbursement, by resolution declare that such disbursement is necessary in the unforeseen and emergent or extraordinary circumstance and- (i) if the making thereof would cause the relevant budget classification, but not the relevant disbursement heading, to be deficient-by resolution approve that an amount equal to the amount of the deficiency be transferred to that budget classification from any surplus arising in any other budget classification within the relevant disbursement heading; or (ii) if the making thereof would cause the relevant disbursement heading to be '-,-ficient-obtain the approval of the Minister to make the disbursement. (10) As soon as is practicable after the close of each year the Board shall prepare and lodge with the Minister a return showing particulars of all disbursements made by the Board under subsection (9) during the year last preceding and the circumstances in which each such disbursement was made and shall, if the circumstances so require, apply for approval as mentioned in subsection (11) or (12). When an application for approval is made the Board shall supply such information as the Minister may require. (11) In respect of any disbursement heading that would, as a result of the making of a disbursement in the circumstances specified in subsection (9), be deficient the Minister may approve the transfer to it of a sum from any surplus in any other disbursement heading provided for in the budget for the year in question. (12) When the making of disbursements in the circumstances specified in subsection (9) results in the Board's exceeding the total amount provided for under all disbursement headings in

1590 Ambulance Services Act Amendment Act 1985, No. 103 its budget for the year in question, the Governor in Council may- (i) approve a supplementary budget in respect of that year increasing that total amount by the amount by which it has been exceeded by those disbursements; (ii) authorise the making of those disbursements; and (iii) give directions to the Board in respect of the balancing of the supplementary budget. (13) Liability of members of Board for unauthorised disbursements . If, in any year, the Board- (a) makes from its general fund a disbursement in the circumstances specified in paragraph (a) or (b) of subsection (9) and in respect thereof fails to comply with the provisions of that subsection or, if the circumstances so require, fails to obtain the approval of the Minister as mentioned in subsection (11) or the approval of the Governor in Council as mentioned in subsection (12); or (b) makes a disbursement from any other fund established under and for the purposes of this Act, contrary to the provisions of this Act, all members of the Board who voted for such disbursement shall be jointly and severally liable to repay to the Board the amount of the disbursement. Any such amount may be recovered from such members or any of them as money due and owing to the Board by action at the suit of the Minister in any court of competent jurisdiction.". 22. New Part IIA. The Principal Act is amended by inserting after section 17 the following heading and sections:- "PART IIA-AMBULANCE SERVICES STANDING COMMITTEE 17A. Constitution . (1) There shall be constituted the "Ambulance Services Standing Committee" that shall have such powers and perform such duties as are prescribed. (2) The Standing Committee shall consist of the manager (who shall be, ex officio, a member) and such- (a) persons nominated by the Under Secretary, Department of Health of the State; and (b) persons nominated by the chairman of the Board, as the Minister may appoint:

Ambulance Services Act Amendment Act 1985, No. 103 1591 Provided that the number of members appointed on the nomination of the Under Secretary shall at all times equal the number of members appointed on the nomination of the chairman of the Board. (3) The Minister shall, from the members of the Standing Committee, appoint a chairman and a deputy chairman. 17B. Term of office. A member of the Standing Committee, other than the manager, shall, subject to this Act, hold office for such term as is specified by the Minister in the appointment of that member. 17c. Removal from office and vacancies . (1) The Minister may remove from office any member of the Standing Committee appointed by him. (2) If from any cause, other than expiration of the term of office, a vacancy occurs in the office of a member of the Standing Committee the Minister shall, as provided by section 17,E (2), appoint to that office a person nominated by the Under Secretary of the Department of Health or, as the case may be, by the chairman of the Board who, subject to this Act, shall hold office for the remainder of his predecessor's term of office unless the Minister directs otherwise. 17D. Business of Standing Committee. The Governor in Council may make regulations in respect of the conduct of proceedings and business of the Standing Committee. 17E. Fees and allowances of members of Standing Committee. (1) Subject to subsection (2), the members of the Standing Committee shall be entitled to such fees, allowances and expenses as are approved by the Governor in Council. (2) A member of the Standing Committee who is an officer of the Public Service of the State shall not receive fees or allowances for attendance at a meeting of the Standing Committee during his ordinary hours of duty but shall be entitled to be reimbursed such expenses, at the approved rate, as are necessarily incurred by him in the performance of his duties as member of the Standing Committee.". 23. Repeal of s. 21. Election of members prior to commencement of Act. The Principal Act is amended by repealing section 21. 24. Amendment of s. 24 . Disqualifications from office . Section 24 of the Principal Act is amended by omitting from paragraph (d) the expression " "The Mental Health Acts, 1962 to 1964" " and substituting the expression "the ,Mental Health Services Act 1974-1984".

1592 Ambulance Services Act Amendment Act 1985, No. 103 25. Amendment of s. 28. General powers and duties of Committee. Section 28 of the Principal Act is amended by- (a) omitting the first paragraph and substituting the following paragraph:- "A Committee shall be charged with the duty of carrying on and maintaining an ambulance transport service- (a) for the Area for which it is constituted; and (b) outside of that Area where it is necessary to do so in order to comply with any direction given by the Board pursuant to paragraph (ca) of section 12 (1)."; (b) adding at the end of the section the following paragraph:- "A Committee and any Brigade provided by a Committee shall comply with any direction given by the Board pursuant to paragraph (ca) of section 12 (1).". 26. New s. 28A . The Principal Act is amended by inserting after section 28 the following section:- "28.A. Reciprocal rights for contributors . A Brigade, in carrying on an ambulance transport service that is required to be carried on by its Committee pursuant to section 28, shall provide that service to a person who is a contributor to another Brigade as if that person were a contributor to it.". 27. Amendment of s. 29. Appointment and remuneration of employees. Section 29 of the Principal Act is amended by- (a) in subsection (1), omitting the expression "A" occurring before the word "Committee" and substituting the words "Subject to subsections (3), (4) and (5), a"; (b) in subsection (2), omitting the words "State Council" and substituting the word "Board"; (c) adding at the end of the section the following subsections:- "(3) Upon the commencement of section 27 of the AmbulanceServices Act Amendment Act 1985- (a) the Board may specify the maximum number of officers and employees who may be appointed by a Committee and the maximum number of officers and employees who may be appointed by a Committee to such positions or such classifications of positions as the Board may specify; and (b) a Committee shall not make an appointment in contravention of any direction given by the Board pursuant to paragraph (a). (4) The Board may , with the approval of the Minister, by notification published in the Gazette determine the qualifications

Ambulance Services Act Amendment Act 1985, No. 103 1593 required for appointment to any position of a kind referred to in subsection (1). (5) Where the qualifications for a position are published in the Gazette , as mentioned in subsection ( 4), a person who does not have those qualifications shall not be appointed to that position unless- (a) in a case where the Appointment Board is required, pursuant to subsection ( 1), to select the applicant or applicants suitable for appointment to that position- the Appointment Board certifies to the Committee concerned that no suitable person who has those qualifications is available for appointment to the position; or (b) in any other case- (i) the Committee concerned forwards the applications to the secretary to the Appointment Board; (ii) the secretary convenes a meeting of the Appointment Board as if the appointment were one required by subsection (1) to be made pursuant to the Seventh Schedule and submits the applications to that Board together with such information as it may require; and (iii) the Appointment Board, after acting in respect of the matter in the manner prescribed by paragraphs (b) and (c) of rule 5A of the Seventh Schedule, certifies to the Committee concerned that no suitable person who has those qualifications is available for appointment to the position.". 28. Amendment of s. 30. Appeals against appointments and punishment . Section 30 of the Principal Act is amended by- (a) in subsection ( 1), omitting all words preceding paragraph (a) and substituting the following words:- "If a Committee, pursuant to section 29, makes an appointment to any position of a permanent and full-time nature, whether such appointment be by way of appointment of a person already in the employment of the Committee or by way of appointment of a person outside such employment, any officer or employee employed by that Committee on a permanent and full-time basis-"; (b) in subsection ( 2), omitting the words " of a Brigade employed by the" and substituting the words "employed by a".

1594 Ambulance Services Act Amendment Act 1985, No. 103 29. Amendment of s. 32. Section 32 of the Principal Act is amended by- (a) in subsection (2), in paragraph (a), omitting from provision (i) the words "State Council" and substituting the word "Board"; (b) in subsection (3), omitting from paragraph (c) the words "State Council" and substituting the word "Board"; (c) in subsection (4)- (i) in paragraph (a), omitting from provision (iv) the words "State Council" and substituting the word "Board": (ii) in paragraph (b), omitting the words "without the prior approval of the Minister." and substituting the following words:- "without- (a) in the case of an amount of less than $1 000, the prior approval of the Board; or (b) in the case of an amount of $1 000 or any greater amount, the prior approval of the Minister."; (iii) in paragraph (c), omitting all words from and including the words "in such manner" to the end of the paragraph and substituting the words "in the manner provided in section 32c". 30. New ss. 32A, 32B and 32c. The Principal Act is amended by inserting after section 32 the following sections:- "32A. Special grants to Committees . (1) A Committee may apply to the Board for a special grant pursuant to this section and shall furnish, in connexion with the application, such information as the Board may require. (2) Subject to this section, the Board may grant or refuse an application for a special grant. (3) The Board shall not make a special grant to a Committee unless- (a) an amount by way of special grant is necessary for the purpose of balancing the budget of the Committee approved or to be approved for that year; and (b) the making of the special grant has been approved by the Standing Committee pursuant to subsection (4) or, in a case to which subsection (5) refers, by the Minister.

Ambulance Services Act Amendment Act 1985, No. 103 1595 (4) The Board shall refer each application, in respect of which it proposes to make a special grant, for the consideration of the Standing Committee which shall determine whether- (a) the provisions of this section have been complied with; (b) the application is within the guidelines (if any) prepared by the Board pursuant to subsection (6); and (c) the proposed decision of the Board to make the special grant is justified in all the circumstances. (5) If the Standing Committee disagrees with the proposed decision of the Board to make a special grant , the matter shall be referred to the Minister for his decision thereon. (6) The Board may, with the approval of the Minister, prepare guidelines to be followed by Committees when applying for special grants. 32B. Restrictions on capital disbursements of Committees. (1) A Committee shall not raise or appropriate any money, or incur any liability, in respect of any capital works or in respect of the preparation of any plans and specifications relating to capital works unless, upon application made to the Board in connexion therewith, the Board recommends to the Minister that approval for such works be given and the Minister gives his approval. (2) The Board may, for the purposes of considering an application made under this section, require a Committee to submit- (a) details of the proposed expenditure and proposed financial arrangements (including any borrowings) relating to the capital works; (b) details of the effect that the capital works will have upon the efficiency and costs of the Committee's operations; and (c) such other information as the Board may require in respect of the application. (3) The Minister may approve (with or without modification) or reject a recommendation made by the Board under this section. (4) A Committee shall not, unless permitted so to do by the Minister, include any amount in a budget under the capital disbursements heading relating to any capital works unless it has obtained the approval of the Minister pursuant to this section in connexion with those capital works. 32c. Investment F%wers. (1) Subject to this Act, a Committee may from time to time invest moneys which are surplus for the time being in any of its funds in any one or more of the

1596 Ambulance Sen'ices Act Amendment Act 1985, No. 103 investments specified in section 48 (1) of the Statutory BodiesFinancial Arrangements Act 1982-1984. (2) Every security, safe custody acknowledgement or other document evidencing title issued in respect of an investment of moneys of a Committee shall be held by the Committee and recorded in a register, styled the "Register of Investments of (insert name of Committee)" kept by the secretary to the Committee. (3) The provisions of subsection (1)- (a) shall not apply in relation to moneys acquired by a Committee under an instrument that expressly directs to the contrary; and (b) shall not be construed to restrict in relation to particular moneys, the powers of investment conferred on a Committee by an instrument under which it has acquired those moneys. (4) Where moneys have been invested or property is held by a Committee in accordance with the provisions of this section or the directions of a donor. settlor or testator, a Committee may from time to time, with the approval of the Minister upon the advice of the Treasurer vary or transpose those investments or that property- (a) for or into other investments similarly so directed; or (b) into moneys for credit to the Committee.". 31. Amendment of s. 33. Section 33 of the Principal Act is amended by- (a) in subsection (4)- (i) in paragraph (a), omitting provision (i) and substituting the following provision:- "(i) the amounts to be disbursed upon the several works, matters and things to which the general fund is applied pursuant to section 32 (2), which amounts, subject to this Act, shall be set out under the following headings:- (1) salaries , wages and associated costs of the Committee; (2) maintenance costs related to the Committee's operations; (3) capital disbursements;"; (ii) omitting paragraph (b) and substituting the following paragraph:- "(b) Subject to this Act, the budget shall show the following information:- (i) particulars of each disbursement heading including, in connexion with the capital disbursements heading, details of any approval given by the Minister pursuant

Ambulance Services Act Amendment Act 1985, No. 103 1597 to section 32B in respect of any capital disbursement provided for in the budget; (ii) particulars of each budget classification and subdivision; (iii) estimates adopted for the previous year; (iv) actual receipts and disbursements for the previous year; (v) estimates of receipts and disbursements for the current year; (vi) details of any direction given by the Board to the Committee pursuant to paragraph ( a) of section 29 (3); and (vii) details of the average number of staff employed by the Committee in the previous year and the average number of staff that the Committee anticipates will be employed by it in the current year."; (b) omitting subsections ( 6) and (7) and substituting the following subsections:- "(6) As soon as is practicable after the adoption of the budget for the general fund by the Committee , the Committee shall submit the budget for the consideration of the Board pursuant to subsection (7). (7) The Board , in respect of a budget submitted to it pursuant to subsection ( 6), shall- (a) if the budget provides for a capital disbursement, ensure that the Committee has obtained the approval of the Minister pursuant to section 32B; (b) if the budget provides for the receipt of a special grant , ensure that approval for that grant has been obtained pursuant to section 32A; (c) revise the budget and, where it is of the view that any amount therein has been over - estimated' or under- estimated , or that any item of disbursement included therein should not be included or that any amount or item that should be included therein has been omitted , amend the budget as it thinks reasonable; and (d) recommend the budget (as amended should the case require it) for the approval of the Governor in Council. (8) The Board shall ensure that the total of the estimates of receipts included under the heading of grants in all budgets submitted to it pursuant to subsection (6) is in accordance with the amount to be paid from the Ambulance Administration Fund in respect of grants pursuant to paragraph (b) of section 14 (3) 55

1598 Ambulance Services Act Amendment Act 1985, No. 103 in that year together with the amount to be paid in that year in respect of special grants pursuant to section 32.A. (9) Before recommending the budget of a Committee for the approval of the Governor in Council, the Board shall submit the budget for the consideration of the Standing Committee which shall- (a) ensure that the budget has been prepared by the Committee and reviewed by the Board in accordance with the provisions of this Act; and (b) make such recommendation to the Minister in respect of the budget as it thinks fit. . (10) The Minister, after receiving the recommendation of the Standing Committee pursuant to subsection (9), shall submit the budget of the Committee for the approval of the Governor in Council and until so approved the budget shall be of no force or effect. The Governor in Council may approve the budget of the Committee without modification or may, after considering any recommendation made by the Board or by the Standing Committee, approve the budget with such modifications as he thinks fit.". 32. New ss. 33A and 33B. The Principal Act is amended by inserting after section 33 the following sections:- "33A. Unforeseen disbursements . (1) If in any year it appears to a Committee that there has arisen an unforeseen and emergent or extraordinary circumstance that requires the Committee to make in that year from its general fund a disbursement- (a) for a purpose that was not provided for in the budget approved by the Governor in Council for that year; or (b) for a purpose that was provided for in that budget but the amount of that disbursement would cause the amount allocated in the budget to the disbursement heading, or to the budget classification, relevant to that purpose to be exceeded, the Committee shall, before making the disbursement, by resolution declare that such disbursement is necessary in the unforeseen and emergent or extraordinary circumstance and- (i) if the making thereof would cause the relevant budget classification, but not the relevant disbursement heading, to be deficient-by resolution approve that an amount equal to the amount of the deficiency be transferred to that budget classification from any

Ambulance Services Act Amendment Act 1985, No. 103 1599 surplus arising in any other budget classification within the same disbursement heading; or (ii) if the making thereof would cause the relevant disbursement heading to be deficient-obtain the approval of the Minister to make the disbursement. (2) As soon as is practicable after the close of each year each Committee shall prepare and lodge with the Minister a return showing particulars of all disbursements made by the Committee under subsection (1) during the year last preceding and the circumstances in which each such disbursement was made and shall, if the circumstances so require, apply for approval as mentioned in subsection (3) or (4). When an application for approval is made the Committee shall supply such information as the Minister may require. (3) In respect of any disbursement heading that would, as a result of the making of a disbursement in the circumstances specified in subsection (1), be deficient the Minister may approve the transfer to it of a sum from any surplus in any other disbursement heading provided for in the budget for the year in question. (4) When the making of disbursements in the circumstances specified in subsection (1) results in the Committee's exceeding the total amount provided for under all disbursement headings in its budget for the year in question, the Governor in Council may- (i) approve a supplementary budget in respect of that year increasing that total amount by the amount by which it has been exceeded by those disbursements; (ii) authorise the making of those disbursements; and (iii) give directions to the Committee in respect of the balancing of its supplementary budget. 338. Liability of members of Committee for unauthorized disbursements . If, in any year, a Committee- (a) makes from its general fund a disbursement in the circumstances specified in paragraph (a) or (b) of section 33.. (1) and in respect thereof fails to comply with the provisions of that subsection or, if the circumstances so require, fails to obtain the approval of the Minister as mentioned in subsection (3) of that section or the approval of the Governor in Council as mentioned in subsection (4) of that section; or (b) makes a disbursement from any other fund established under and for the purposes of this Act, contrary to the provisions of this Act,

1600 Ambulance Services Act Amendment Act 1985, No. 103 all members of the Committee who voted for such disbursement shall be jointly and severally liable to repay to the Committee the amount of the disbursement. Any such amount may be recovered from such members or any of them as money due and owing to the Committee by action at the suit of the Minister in any court of competent jurisdiction.". 33. Amendment of s. 34. Committee may make rules . Section 34 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting paragraph (c); (ii) in paragraph (d), adding after the word "concerned" the following words- "but in no case shall any such charge or fee- (i) be less than any amount determined by the Minister by notification published in the Gazette as being the minimum amount; or (ii) be greater than any amount determined by the Minister by notification published in the Gazette as being the maximum amount, that a Committee may charge in respect of that service", (b) in subsection (2), omitting the expression " "The Justices Acts, 1886 to 1965" " and substituting the expression "the Justices Act 1886- 1985"; (c) in subsection (3), in paragraph (b), omitting the words "State Council" and substituting the word "Board"; (d) in subsection (5), omitting the words "State Council" and substituting the word "Board". 34. Repeal of s. 34A. Duty of Committee with respect to certain moneys and other property . The Principal Act is amended by repealing section 34.k. 35. New ss. 42A and 42B. The Principal Act is amended by inserting after section 42 the following sections:- "42.a. Constitution of regions . The Governor in Council shall, for the purposes of this Act, constitute three regions of the State to be called the southern region, the central region and the northern region respectively. A region shall comprise such zones as the Governor in Council thinks fit and the Governor in Council may, on the recommendation of the Board, alter a region by including in it a zone previously included in another region.

Ambulance Services Act Amendment Act 1985, No. 103 1601 42B. Regional conferences . (1) At such times and in such manner as are prescribed, the members of Committees of Areas within a zone shall elect four representatives (hereafter referred to in this section as the "zonal representatives") for the purposes of subsection (2). (2) Conferences may from time to time be held (but not more than twice yearly) for the purpose of mutual discussion by the zonal representatives within a region and the regional representative for that region on matters relevant to the functions and duties of the regional representative prescribed by this Act. At any such conference the regional representative shall be chairman and shall act as, or may appoint any zonal representative to act as, secretary. (3) The Board shall order that a conference for the purposes of subsection (2) be held if requested to do so by the majority of zonal representatives within a region. (4) Regulations may be made prescribing- (a) the times when and the manner in which elections shall be held to elect zonal representatives; (b) the manner in which conferences shall be held for the purposes of subsection (2); (c) the manner in which the business of such conferences shall be conducted; (d) all other matters associated with the holding and proper functioning of such conferences. (5) Subject to subsection (6), regional representatives and zonal representatives shall be entitled to such fees allowances and expenses in respect of their attendance at conferences held for the purposes of subsection (2) as are approved by the Governor n Council from time to time. (6) A regional representative or a zonal representative who is an officer of the Public Service of the State shall not receive fees or allowances for attendance at a conference held for the purposes of subsection (2) during his ordinary hours of duty but shall be entitled to be reimbursed such. expenses, at the approved rate, as are necessarily incurred by him in respect of his attendance at a conference.". 36. Amendment of s. 47. Unlawfully carrying on ambulance transport, &c. Section 47 of the Principal Act is amended by- (a) in subsection (1), omitting the first paragraph and substituting the following paragraph:- "No person or association of persons other than- (a) a Committee; (b) a Board within the meaning of the Hospitals Act 1936-1984; (c) the St. John Ambulance Association or the St. John Ambulance Brigade acting pursuant to subsection (l .A); or (d) a person duly authorized by any person or association referred to in paragraph (a), (b) or (c),

1602 Ambulance Services Act Amendment Act 1985, No. 103 shall carry on or hold himself or itself out to carry on any operations relating to ambulance transport, first aid or teaching of first aid."; (b) inserting after subsection ( 1) the following subsection:- "(1.A) The St. John Ambulance Association or the St. John Ambulance Brigade- (a) may carry on or hold itself out to carry on- (i) the teaching of first aid; or (ii) the supplying of a first aid service with or without fee, remuneration or reward in respect of a sporting event or any prescribed show, prescribed function or other prescribed public gathering; (b) may, within any portion of the State not included in- (i) an Area; or (ii) a district (within the meaning of the Hospitals Act 1936-1984) in which a Hospitals Board carries on operations relating to ambulance transport and first aid, carry on or hold itself out to carry on operations relating to ambulance transport or first aid."; (c) in subsection (2), omitting paragraphs (a) and (b). 37. Amendment of s. 48. Unauthorized collections . Section 48 of the Principal Act is amended by- (a) omitting subsection (1) and substituting the following subsection:- "(1) No person or association of persons other than- (a) a Committee; (b) a Board within the meaning of the Hospitals Act 1936-1984; (c) the St. John Ambulance Association or the St. John Ambulance Brigade in respect of any of the operations that the Association or Brigade is authorized to carry on pursuant to section 47 (1.A); or (d) a person duly authorized by any person or association referred to in paragraph (a), (b) or (c), shall solicit or accept from the public any moneys by public contribution of any kind for the purposes of treatment of the sick, ambulance transport, first aid or teaching of first aid."; (b) in subsection (5)- (i) in paragraph (a), omitting the words "one hundred dollars" and substituting the expression "$500"; (ii) in paragraph (b), omitting the words "two hundred dollars" and substituting the expression "$1 000".

Ambulance Services Act Amendment Act 1985, No. 103 1603 38. Amendment of s. 50 . Failure to comply with lawful requirements, &c. Section 50 of the Principal Act is amended by, in paragraph (a), inserting after the expression "record," where twice occurring the words "document, or writing," in each case. 39. Amendment of s. 52 . Penalty provisions . Section 52 of the Principal Act is amended by, in subsection (1)- (a) omitting the words " one hundred dollars " and substituting the expression "$500"; (b) omitting the expression " "The Justices Acts, 1886 to 1965" " and substituting the expression "the Justices Act 1886-1985". 40. Amendment of s. 53. Limitation of liability. Section 53 of the Principal Act is amended by omitting provisions (a), (b), (c) and (d) and substituting the following provisions:- "(a) the Minister or any person authorized by the Minister pursuant to this Act and acting in accordance with that authority; (b) the Board or any person authorized by the Board pursuant to this Act and acting in accordance with that authority; (c) any.member of the Board; (d) the manager, the inspector of Committees or any officer or employee of the Board;". 41. Amendment of s. 54. P _gulations . Section 54 of the Principal Act is amended by, in subsection (2)- (a) omitting paragraphs (a) and (b); (b) redesignating paragraphs (c), (d), (e) and (f) as paragraphs (a), (b), (c) and (g) respectively; (c) in paragraph (b), as redesignated, omitting the words "one hundred dollars" and substituting the expression "$200"; (d) inserting after paragraph (c), as redesignated, the following paragraphs:- "(d) regulating the use of land and buildings for the purposes of this Act and regulating the construction of any building to be so used; (e) regulating the acquisition, standardization, maintenance, management, and use of motor vehicles and equipment used for the purposes of this Act; (f) prescribing training programmes for members of Brigades;".

1604 Ambulance Services Act Amendment Act 1985, No. 103 42. Amendment of Second Schedule. The Second Schedule to the Principal Act is amended by- (a) omitting the words preceding rule 1 and substituting the following words:- "[Sections 6 (2) (b) and 10 (2)] RULES FOR CONDUCT OF ELECTIONS OF REGIONAL REPRESENTATIVE BY COMMITTEES WITHIN REGION"; (b) in rule 1, omitting the words "secretary of the State Council" and substituting the words " manager of the Board"; (c) in rule 2, in subrule (1)- (i) omitting from the first paragraph the word " zone" where twice occurring and substituting the word " region " in each case; (ii) omitting paragraph ( a) and substituting the following paragraph:- "( a) in the case of the first election of members of the Board following the commencement of section 8 of the Ambulance Sen'ices Act Amendment Act 1985, when directed to do so by the Minister;"; (d) in rule 2, in subrule ( 2), omitting the word " zone" where twice occurring and substituting the word " region " in each case; (e) in rule 4, in subrule (1)- (i) omitting the words "member representative of a zone" and substituting the words " regional representative"; (ii) omitting from paragraph ( a) the word "zone" and substituting the word " region"; (f) in rule 4, in subrule ( 2), omitting from paragraph ( c) the words "the number of members of the Committee to be elected at that election" and substituting the word "one"; (g) in rule 5, omitting the word "zone" and substituting the word "region"; (h) in rule 6, in subrule ( 1), omitting from paragraph (b) the expression " zone ) Zone" and substituting the expression "region ) Region"; (i) in rule 10, omitting the words " State Council" and substituting the word "Board". 43. Amendment of Third Schedule. The Third Schedule to the Principal Act is amended by- (a) in the heading occurring before rule 1, omitting the words "STATE COUNCIL" and substituting the word "BOARD"; (b) in rule 1, omitting subrule (1) and substituting the following subrule:- "(1) Meetings . The Board shall meet at such times and places as it shall determine but not less than once a month and shall

Ambulance Services Act Amendment Act 1985, No. 103 1605 conduct its business in such manner as may be prescribed, or in so far as not prescribed, as it may from time to time desire."; (c) in rule 2- (i) omitting subrules (1) and (2) and substituting the following subrules:- "(1) Chairman . The chairman of the Board shall preside at every meeting of the Board at which he is present. (2) Absence of chairman . At any meeting at which the chairman is not present- (a) the deputy chairman; or (b) if the deputy chairman is not present, a member elected by the members present, shall preside."; (ii) in subrule (3), omitting the words "State Council" and substituting the word "Board"; (d) omitting rule 3; (e) in rule 5- (i) in subrule (I)- (A) omitting the first paragraph and substituting the following paragraph:- "All meetings of the Board shall be convened by the chairman or, in his absence, the deputy chairman: Provided that upon the application of at least three members of the Board made to the manager, a meeting of the Board shall be convened by the manager."; (B) in the third paragraph, omitting the words "State Council" and substituting the word "Board"; (ii) in subrule (2), omitting the words "State Council" where twice occurring and substituting the word "Board" in each case; (f) in rule 6- (i) in subrule (1)- (A) omitting the words "State Council" wherever occurring and substituting the word "Board" in each case; (B) in the third paragraph, omitting the word "secretary" and substituting the word "manager"; (ii) in subrule (2)-

1606 Ambulance Services Act Amendment Act 1985, No. 103 (A) omitting the word "secretary" where first occurring and substituting the word "manager"; (B) omitting the words "State Council" where twice occurring and substituting the word "Board" in each case; (C) omitting the words "President or Vice-President, and secretary" and substituting the words "chairman or deputy chairman, and the manager"; (g) omitting rules 7 and 8; (h) in rule 10- (i) omitting the words "State Council" wherever occurring and substituting the word "Board" in each case; (ii) omitting paragraph (c); (iii) omitting the words occurring after paragraph (f); (i) omitting rule 11 and substituting the following rule:- "11. Allowances to members . The chairman, the deputy chairman and each other member of the Board shall, subject to rule 12, be entitled to such fees, allowances and expenses as are approved by the Governor in Council."; 0) in rule 12 omitting all words from and including the word "President" to and including the words "State Council, Executive" and substituting the words "chairman or deputy chairman of the Board or member of the Board or any committee thereof or, where he attends a meeting of the Board"; (k) in rule 13- (i) omitting .the words "State Council" wherever occurring and substituting the word "Board" in each case; (ii) omitting the word "secretary" where twice occurring and substituting the word "manager" in each case; (iii) omitting the word "President" and substituting the word "chairman"; (iv) omitting the word "Vice- President " and substituting the words "deputy chairman"; (1) in rule 14- (i) in subrule (1)-

Ambulance Services Act Amendment Act 1985, No. 103 1607 (A) omitting the word "President" where twice occurring and substituting the word "chairman" in each case; (B) omitting the words "State Council" wherever occurring and substituting the word "Board" in each case; (ii) in subrule (2), omitting the words "State Council" and substituting the word "Board"; (iii) omitting subrule (3) and substituting the following subrule:- "(3) In the absence of the chairman of the Board, the deputy chairman may exercise the powers and perform the duties of the chairman mentioned in this rule."; (m) omitting rules 16 and 17 and substituting the following rule:- "16. Custody of accounts and records . The manager shall be responsible for the safe custody of all books of account, agreements and records relating to the business of the Board."; (n) in rule 18- (i) in the note appearing in and at the beginning of the rule, omitting the words "State Council's" and substituting the word "Board's"; (ii) in subrule (1)- (A) omitting the words "State Council" wherever occurring and substituting the word "Board" in each case; (B) omitting the word "President" where twice occurring and substituting the word "chairman" in each case; (iii) in subrule (2), omitting the words "State Council" wherever occurring and substituting the word "Board" in each case; (iv) in subrule (3), omitting the words "State Council" wherever occurring and substituting the word "Board" in each case; (v) in subrule (4), omitting the words "State Council" wherever occurring and substituting the word "Board" in each case; (vi) in subrule (5)- (A) omitting the words "State Council" wherever occurring and substituting the word "Board" in each case; (B) in the first paragraph, omitting the words "five hundred dollars" and substituting the expression "$3,000"; (C) in paragraph (a), omitting the words "State Council's" and substituting the word "Board's";

1608 Ambulance Services Act Amendment Act 1985, No. 103 (vii) in subrule (6), omitting the words "State Council" wherever occurring and substituting the word "Board" in each case. 44. Amendment of Fifth Schedule . The Fifth Schedule to the Principal Act is amended by- (a) omitting rule 6; (b) omitting rule 10 and substituting the following rule:- "10. Allowances to members . Each member of a Committee and of any sub-committee of a Committee shall, subject to rule 10.x, be entitled to such fees, allowances and expenses as are approved by the Governor in Council."; (c) omitting rules 14 and 15 and substituting the following rules:- "14. Provisions of Financial Administration and Audit Act to apply . (1) The provisions of the Financial Administration andAudit Act 1977-1985, other than section 46A and subsections (4) and (5) of section 46J, shall apply to a Committee as if it were a statutory body within the meaning of that Act, with the following modifications:- (a) the accounting manual provided for in subsection (2) of this section shall, in respect of the Committee, be deemed to be the accounting manual required to be kept by a statutory body pursuant to Part II.4 of the Financial Administration and Audit Act 1977- 1985; (b) the certificate required by section 46G of that Act to be furnished in respect of the financial arrangements of a statutory body may, in respect of the Committee, be furnished by an authorized auditor within the meaning of that Act; (c) section 70 (4) of that Act shall apply to the audit of the Committee's accounts subject to subsection (3) of this section; (d) where pursuant to subsection (3) of this section an authorized auditor within the meaning of the Financial Administration and Audit Act 1977-1985 forwards to a Committee observations and suggestions arising out of the audit of the Committee' s accounts together with his comments thereon, the reference in section 46H of that Act to observations, suggestions and the Auditor-General's comments thereon shall be read as a reference to the observations, suggestions and comments forwarded by that auditor; and (e) where an authorized auditor within the meaning of that Act, who is not an officer of the Department of the Auditor-General, audits the accounts of a Committee, section 71 of that Act shall not apply in

Ambulance Services Act Amendment Act 1985, No. 103 1609 respect of the fees payable for the audit and the Committee shall pay directly to the auditor such amount in respect of fees as is determined by the Auditor-General ( based upon rates approved by the Treasurer ) which amount , if unpaid, shall be a debt due to the auditor and recoverable in a court of competent jurisdiction. (2) The Board shall cause to be prepared and issued and amended , altered or varied from time to time an accounting manual that contains those matters that would be required to be contained in an accounting manual to enable a Committee to comply with sections 46c (h ) and 46E of the FinancialAdministrationand Audit Act 1977-1985. (3) An authorised auditor within the meaning of the Financial Administration and Audit Act 1977-1985 who- is not an officer of the Department of the Auditor- General; has prepared an audit report in respect of a Committee pursuant to section 70 (2) of that Act; and is of the opinion that any observations or suggestions contained in the report require attention or further consideration, shall, unless the Auditor-General otherwise orders, forward those observations or suggestions together with his comments thereon to the Chairman of that Committee. 15. Custody of accounts and records . The secretary of a Committee shall be responsible for the safe custody of all books of account, agreements and records relating to the business of the Committee."; (d) in rule 16, in subrule (5), omitting from the first paragraph the words "five hundred dollars" and substituting the expression "$3,000"; (e) in rule 18, in subrule (1), omitting the expression " "The Justices Acts, 1886 to 1965" " where twice occurring and substituting the expression "the Justices Act 1886-1985 " in each case; (1) in rule 20, omitting the words "One hundred dollars" and substituting the expression "$500". 45. Amendment of Sixth Schedule . The Sixth Schedule to the Principal Act is amended by-

1610 Ambulance Services Act Amendment Act 1985, No. 103 (a) in rule 1, omitting the words "in the Brigade" and substituting the words "with a Committee or with a Brigade"; (b) in rule 3, in subrule (2), omitting paragraph (b); (c) in rule 4, inserting after the words "forward the same" the words "to the manager who shall forward the notice of appeal"; (d) inserting after rule 4 the following rule:- "4.A. Chairman to perform duties of secretary. (1) Where an appointment has been made to the position of secretary to a Committee, the duties and functions of secretary to the Committee, prescribed by rules 1, 3 and 4, shall, in respect of that appointment, be performed and discharged by the Chairman of the Committee. (2) Where the person entitled to appeal against any punishment imposed by a Committee for an offence against the rules is the secretary to that Committee, the duties of secretary, prescribed by rule 2, shall, in respect of that appeal, be performed by the Chairman of the Committee. (3) Where the person wishing to appeal against any appointment made or punishment imposed by a Committee is the secretary to that Committee, the duties and functions of secretary prescribed by rules 3 and 4, shall, in respect of that appeal, be performed and discharged by the Chairman of the Committee."; (e) omitting rule 5 and substituting the following rule:- "5. Constitution of Appeal Board . (1) For the purpose of hearing an appeal there shall be constituted an Appeal Board that shall consist of a Stipendiary Magistrate sitting alone (hereafter referred to in this Schedule as the "Chairman of the Appeal Board"), who shall be appointed by the Minister for Justice and Attorney-General of Queensland or other Minister for the time being performing the duties of that office. (2) In the case of two or more appeals in respect of the same appointment an Appeal Board shall, wherever practicable, hear all such appeals together."; (f) omitting rules 6 and 7; (g) in rule 9, in subrule (2), omitting the words ", the appellant and the industrial union of employees concerned (if any)" and substituting the words "and the appellant"; (h) omitting rule 10; (i) omitting rule 18 and substituting the following rule:-

Ambulance Services Act Amendment Act 1985, No. 103 1611 "18. Representation at appeals . (1) In the case of an appeal against an appointment- (a) an appellant may appear on his own behalf or may be represented before the Appeal Board by counsel or solicitor,, or by agent appointed in writing in that behalf; and (b) the Appointment Board and the Committee concerned may respectively be represented before the Appeal Board by agent appointed in writing in that behalf or may, if the appellant is represented by counsel or solicitor, be represented by counsel or solicitor. (2) In the case of an appeal against punishment- (a) an appellant may appear on his own behalf or may be represented before the Appeal Board by counsel or solicitor, or by agent appointed in writing in that behalf; and (b) the Committee concerned may be represented before the Appeal Board by counsel or solicitor, or by agent appointed in writing in that behalf. (3) A person who represents an appellant, an Appointment Board or a Committee before an Appeal Board may examine and cross-examine witnesses and address the Appeal Board. (4) Not less than 14 days before the date appointed for hearing an appeal against an appointment, an appellant shall give to the secretary to the Appeal Board notice of whether or not he will be represented at the hearing and, if so, whether he will be represented by counsel, solicitor or agent. The secretary, upon receiving such notice, shall forthwith advise the secretary to the Appointment Board and the secretary to the Committee concerned of the contents of the notice."; 0) in rule 19- (i) in subrule (1), omitting the words "of these rules" and substituting the words "and subrule (1A) of this rule,"; (ii) inserting after subrule (1) the following subrule:- "(1 A) If, at the hearing of an appeal against an appointment, the appellant elects not to be represented, the appeal shall be heard in private.";

1612 Ambulance Services Act Amendment Act 1985, No. 103 (iii) adding at the end of the rule the following subrules:- "(6) The secretary to the Appeal Board shall notify the Minister in writing of the decision of the Appeal Board and forward to the Minister all relevant documents relating to the making of the decision. (7) The Under Secretary, Department of Health, upon being, advised by the Minister of the decision of the Appeal Board, shall forthwith advise the manager of the Queensland Ambulance Services Board thereof and the manager shall thereupon notify the Committee that made the appointment or imposed the punishment. (8) A Committee notified in accordance with subrule (7) shall advise the manager of any action taken by it to give effect to the decision of the Appeal Board and the manager shall advise the Minister thereof."; (k) in rule 20, in subrule (2), omitting the words "the rate of 6.25 cents for every kilometre such witness resides from the place he is required to attend" and substituting the words "such rate per kilometre as is approved by the Governor in Council"; (1) in rule 21, in subrule (2), omitting from the final paragraph the words "the rate of 6.25 cents for every kilometre such witness resides from the place he is required to attend" and substituting the words "such rate per kilometre as is approved by the Governor in Council"; (m) in rule 24, omitting the word "members" and substituting the word "Chairman". 46. Amendment of Seventh Schedule . The Seventh Schedule to the Principal Act is amended by- (a) in rule 1, omitting subrule (2) and substituting the following subrule:- "(2) The Appointment Board shall consist of three members of whom- (a) one shall be the chairman of the Queensland Ambulance Services Board (or in his absence the deputy chairman) who shall be Chairman of the Appointment Board; (b) one shall be a member of the Queensland Ambulance Services Board appointed by the Governor in Council in that behalf; (c) one shall be a member of the Queensland Ambulance Services Board who is the regional representative of the Committee making the appointment.";

Ambulance Services Act Amendment Act 1985, No. 103 1613 (b) omitting rule 2 and substituting the following rule:- "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 member of that Committee, appointed by the Committee for that purpose, shall be entitled to attend the meeting as a member of the Appointment Board and, in respect of the vacant position, participate in the Board's discharging any of its functions referred to in rule 5A. When such functions have been discharged, the person entitled to attend the meeting pursuant to this rule shall withdraw from the meeting."; (c) in rule 3, omitting the words "The secretary for the time being of the State Council" and substituting the words "The manager for the time being of the Board"; (d) in rule 4, in subrule (2), omitting the word "four" and substituting the word "three"; (e) omitting rule 5 and substituting the following rules:- "5. Duties of secretary. The secretary to 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 are required to be lodged with the secretary to the Appointment Board: (d) as soon as is practicable but not later than one month after the closing date for applications specified with respect to any position, convene a meeting of the Appointment Board to consider the applications for appointment to that position.

1614 Ambulance Services Act Amendment Act 1985, No. 103 5A. Business of Appointment Board . The Appointment Board shall- (a) 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; (b) examine the applications having due regard to the qualifications, efficiency, suitability, nature and length of service of each applicant; (c) interview any applicant, and make such investigations as it thinks necessary concerning any applicant; (d) 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; (e) notify the Committee concerned of- (i) the name of and such other details as it thinks fit concerning the applicant or, as the case may be, applicants selected by it; and (ii) the name and address of every unsuccessful applicant who is entitled by this Act to appeal against the appointment."; (f) in rule 7, omitting the expression "(i) of rule 5" and substituting the expression "(e) of rule 5A"; (g) omitting rule 8 and substituting the following rule:- "8. Allowances . The members of the Appointment Board (whether provided for in rule 1 or 2), other than the chairman and the deputy chairman of the Queensland Ambulance Services Board, shall, subject to rule 9, be entitled to such fees, allowances and expenses as are approved by the Governor in Council.". 47. Table. The Principal Act is amended by, in the provisions, or notes thereto, mentioned in the following table, omitting the words "State Council" wherever occurring and substituting the word "Board" in each case:- TABLE Provision of Act Number of times "State Council" occurs section 5 once note to section 11 section 11 once once

Ambulance Services Act Amendment Act 1985, No. 103 1615 TABLE-continued Provision of Act Number of times "State Council" occurs section 18 subsection (1) once section 20 subsection (2) twice section 31 subsection (1) subsection (2) subsection (3) twice 3 times once note to section 35 section 35 subsection (1) subsection (2) once once once note to section 36 section 36 subsection (1) subsection (2) once twice twice section 37 subsection (1) subsection (2) once twice section 38 subsection (1) subsection (2) once once section 39 subsection (1) once section 40 subsection (1) subsection (2) subsection (4) subsection (5) subsection (6) 6 times twice once once once section 41 subsection (1) once section 42 subsection (1) subsection (2) once once section 44 subsection (1) once section 45 subsection (1) subsection (2) twice once

1616 Ambulance Services Act Amendment Act 1985, No. 103 TABLE-continued Provision of Act Number of times "State Council" occurs section 46 subsection (1) subsection (2) 3 times twice Third Schedule, rule 1 subrule (2) Third Schedule, rule 4 subrule (1) subrule (2) once once 3 times Third Schedule, note to rule 9 Third Schedule. rule 9 subrule (1) subrule (2) subrule (3) subrule (4) once 3 times once once once Third Schedule, note to rule 15 Third Schedule, rule 15 once twice Fourth Schedule, rule 1 Fourth Schedule, rule 10 (A) subrule (1) subrule (2) subrule (3) subrule (4) subrule (6) once once twice once 3 times twice Fifth Schedule, rule 3 subrule (2) once Sixth Schedule, rule 25 subrule (5) (c) once