Ambulance Services Act of 1967 (Qld)

49 ucenslunh ANNO SEXTO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 15 of 1967 An Act To Make Better Provision for Ambulance Transport, First Aid, the Teaching of First Aid and for Purposes Incidental thereto [ASSENTED TO 7TH APRIL, 1967] 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:- PART I-PRELIMINARY 1. (1) Short title . This Act may be cited as " The Ambulance Services Act of 1967." (2) Commencement of Act. Except where otherwise provided in this Act, this Act shall come into operation on a date to be fixed by the Governor in Council by Proclamation published in the Gazette. 2. Division of Act. This Act is divided into Parts and Schedules as follows:-- PART I-PRELIMINARx'; PART 11-THE STATE COUNCIL OF THE QUEENSLAND AMBULANCE TRANSPORT BRIGADE; PART III-AMBULANCE BRIGADES; PART IV-AMBULANCE LANDS; PART V-MISCELLANEOUS; THE SCHEDULES.

50 Ambulance Services Act of 1967, No. 15 3. Amendment of 1 Geo. 6 No. 4. and Savings . (1) " The Hospitals Acts, 1936 to 1967 " (in this Act referred to as the " amended Acts ") are amended to the extent thereby expressed in the First Schedule. (2) Unless the contrary intention appears in this Act and without derogating from the provisions of " The Acts Interpretation Acts, 1954 to 1962 "- (a) Every locality within which the operations and collections of an Ambulance Brigade , subsisting at the commencement of this Act, was limited pursuant to Part IV of the amended Acts shall be deemed to be an Area constituted pursuant to this Act on the date of the commencement of this Act; (b) Every Committee of an Ambulance Brigade established under Part IV of the amended Acts and subsisting at the commencement of this Act shall upon the commencement of this Act be deemed to be a Committee under this Act for the Area deemed to be constituted in respect of the Ambulance Brigade concerned pursuant to paragraph (a) of this subsection; (c) Every Ambulance Brigade established under Part IV of the amended Acts and subsisting at the commencement of this Act shall upon the commencement of this Act be deemed to have been provided and maintained by the Committee constituted for that Brigade under Part IV of the amended Acts; (d) The members of a Committee holding office at the date of commencement of this Act shall hold office subject to this Act until the thirty-first day of March one thousand nine hundred and seventy; (e) The Chairman, Deputy Chairman and other office bearers appointed by a Committee pursuant to Part IV of the amended Acts and holding such an appointment at the commencement of this Act shall subject to this Act continue to hold their offices respectively under this Act; (f) Every person employed by an Ambulance Brigade at the date of the commencement of this Act shall be deemed to have been appointed to his position pursuant to this Act by the Committee deemed to have provided that Ambulance Brigade pursuant to this Act; (g) Every action, suit and proceeding by or against a Committee within th e meaning of the amended Acts pending at the commencement of this Act may be carried on and prosecuted by or against the Committee deemed to be constituted for the Area concerned; (h) Every rule made by a Committee within the meaning of the amended Acts prior to the commencement of this Act which was, at the time of its making, lawful and which subsists at the date of the commencement of this Act shall continue to be of full force and effect until it is amended or revoked by the Committee deemed to be constituted for the Area concerned or the Governor in Council under this Act;

Ambulance Services Act of 1967, No. 15 51 (i) Subject to paragraph (j) of this subsection the property and all other assets of whatever description and all rights and liabilities of a Committee within the meaning of the amended Acts, existing at the commencement of this Act, shall without any transfer, assignment, or conveyance or notice other than this Act be vested in and be enforced by or against the Committee deemed to be constituted for the Area concerned under this Act; (j) All lands vested as at the commencement of this Act in the Executive Committee of the Queensland Ambulance Transport Brigade constituted under the amended Acts (herein called the " Executive Committee ") upon trust pursuant to the amended Acts shall without any transfer, assignment, conveyance or notice other than this Act be divested from the Executive Committee and shall be vested in the State Council for the same estates and interests and upon the trusts and for the purposes respectively for which the Executive Committee held those lands : The person charged with keeping any register required or authorized by law to be kept in which there is recorded a registration of the Executive Committee holding lands upon trust for an Ambulance Brigade shall, without requiring payment of any fee, amend such registration by inserting therein a reference to the State Council in place of the reference to the Executive Committee and by inserting a reference to the Committee concerned in place of the reference to the Ambulance Brigade deemed by this Act to be provided by that Committee and any other notation he considers proper to explain such amendment; (k) Until the commencement of the first term of office for the members of the State Council pursuant to this Act- (i) the members constituting the Executive Committee at the commencement of this Act shall be deemed to be the members for the time being of the State Council; (ii) the persons holding office on the Executive Committee at the commencement of this Act shall be deemed to hold respectively the corresponding offices on the State Council, and for and in aid of that purpose, the provisions of Part IV of the amended Acts and the rules under the amended Acts relating to the filling of vacancies on the Executive Committee and the appointment of officers shall apply to such members as if this Act had not come into operation: Upon the commencement of the first term of office for the members of the State Council such members and officers as aforesaid shall go out of office; (1) The General Secretary and other employees of the Executive Committee in employment immediately before the commencement of this Act shall without further or other appointment be deemed to have been appointed as the Secretary, of the State Council or, as the case may be, an employee of the State Council under this Act and shall as on and from such appointment be deemed to have been appointed under this Act;

52 Ambulance Services Act of 1967, No. 15 (3) Where in the opinion of the Governor in Council a doubt or difficulty has arisen or may arise in respect of the successor under this Act or of the rights, duties and liabilities of the successor under this Act to any Ambulance Brigade or Committee established or constituted under the provisions of Part IV of the amended Acts he may from time to time make Orders in Council resolving any such doubt or difficulty. An Order in Council under this subsection- (a) may be of general application or may be limited to any particular Ambulance Brigade or Committee; (b) may give all such directions as the Governor in Council thinks fit and such directions shall have the force of law and shall be obeyed by all persons. 4. Interpretation . In this Act unless the context otherwise indicates or requires, the following terms shall have the meanings respectively assigned to them, that is to say:- "Area "-An Ambulance Transport Brigade Area constituted under and for the purposes of this Act; " Brigade "-An Ambulance Transport Brigade provided and maintained pursuant to this Act; " By-law "-A by-law made by the State Council under the authority of this Act; " Committee "-A Queensland Ambulance Transport Brigade Committee constituted by and under this Act; " Contributor "-A person who in accordance with the rules of a Committee is a contributor at any material time to the Brigade provided and maintained by such Committee: Until such time as a Committee makes a rule defining who are contributors to the Brigade provided and maintained by it, the term in relation to that Committee means a person who, had this Act not have come into operation would be a contributor within the meaning of the amended Acts, and the definition of " Contributor " in the amended Acts shall to that extent and for that purpose continue in force accordingly; "Minister "-The Minister for Health or other Minister of the Crown for the time being charged with the administration of this Act: The term includes a Minister of the Crown temporarily performing the duties of the Minister administering this Act; " Rule "-A rule made by a Committee under the authority of this Act; " Secretary "-The secretary of the State Council: The term includes any person for the time being acting in or performing the duties of the office of secretary; " State Council "-The State Council of the Queensland Ambulance Transport Brigade constituted by and under this Act; " Year "-The period of time from and including the first day of July in one calendar year to and including the thirtieth day of June in the next following calendar year; " Zone "-A zone constituted by and under the authority of this Act. 5. Administration of Act. This Act shall be administered by the Minister and. subiect to him, by the State Council.

Ambulance Services Act of 1967, No. 15 53 PART II-THE STATE COUNCIL OF THE QUEENSLAND AMBULANCE TRANSPORT BRIGADE 6. Constitution of State Council. (1) There shall be constituted " The State Council of the Queensland Ambulance Transport Brigade " which shall be a body corporate 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. (2) The State Council shall consist of- (a) four persons appointed by the Governor in Council on the recommendation of the Minister two of whom, as designated by the Governor in Council, shall be the President and Vice-President respectively of the State Council; (b) one person appointed by the St. John Ambulance Association; (c) two persons appointed by the St. John Ambulance Brigade in Australia; (d) two persons appointed by the Queensland Ambulance Union of Employees; (e) two persons appointed by the : Ambulance Superintendents' Association of Queensland; (f) the Superintendent for the time being of the Queensland Ambulance Transport Brigade, Brisbane; (g) persons, the number whereof shall be equivalent to the number of zones for the time being, one whereof shall be appointed by the Committee or Committees within each such zone. (3) A Committee or Committees within a zone shall appoint the member as provided by this section by election, as prescribed in the Second Schedule to this Act. (4) If a person, body, or association of persons or bodies required by this section to appoint a person or persons to be a member or members of the State Council fails or refuses to appoint a sufficient number of such persons by a date determined by the Minister, the Minister may, irrespective of whether or not the term of office in respect of which such member or members should have been appointed has commenced, appoint a sufficient number of persons who shall be deemed to have been appointed by the person, body, or association of persons or bodies who should have appointed him or them. 7. Appointment and term of office of members of State Council. (1) The members of the State Council shall, subject to this Act, hold office for a term of three years. The first term of office for members of the State Council shall commence on a date to be fixed by the Governor in Council by Order in Council, and shall terminate on the thirtieth day of June, 1970.

54 Ambulance Services Act of 1967, No. 15 The second term of office for members of the State Council shall commence on the first day of July, 1970. (2) The Minister shall, as soon as practicable after the commencement of each term of office of members of the State Council , cause to be published in the Gazette a notification of the names of the persons appointed as members for such term. 8. Disqualifications from office. A person who- (a) is not of the full age of twenty-one years; or (b) is an undischarged bankrupt or takes advantage of the laws in force for the time being relating to bankruptcy; or (c) has been convicted in Queensland of an indictable offence or has been convicted elsewhere than in Queensland in respect of an act or omission which if done or made by him in Queensland would have constituted an indictable offence; or (d) is a patient within the meaning of " The Mental Health Acts, 1962 to 1964"; (e) (other than a person appointed or proposed to be appointed pursuant to paragraphs (d), (e) or (f) of subsection (2) of section six of this Act) is an officer or employee of a Committee; (f) is concerned or participates in the profits of a contract with the State Council or a Committee; (g) (in the case of a person appointed or proposed to be appointed pursuant to paragraph (g) of subsection (2) of section six of this Act) is not a member of one of the Committees empowered by that paragraph to appoint a member to the State Council, shall not be qualified to be or to continue as a member of the State Council: Provided that a person shall not be disqualified frbm being or continuing as a member of the State Council solely because he is concerned or participates in a transaction with the State Council or a Committee in respect of- (a) a sale, purchase, or lease of land, or an agreement for such a sale, purchase or lease; (b) a contract for the publication of advertisements in a public newspaper or journal; (c) a sale of goods to or the performance of work for the State Council or a Committee bona fide in the ordinary course of business , not exceeding the sum or value of one thousand dollars in the aggregate in any year. 9. Vacation of office. A member of the State Council shall be deemed to have vacated his office as such member if he- (a) dies; or (b) is absent, without leave granted by the State Council, from two consecutive meetings of the State Council of which due notice has been given to him; or (c) resigns such office by writing under his hand delivered to the secretary; or (d) is removed from office by the Governor in Council (who is hereby thereunto authorized).

Ambulance Services Act of 1967, No. 15 55 10. Casual appointments to State Council . (1) If from any cause, other than expiration of the term of office, a vacancy occurs in the office of a member of the State Council the person or body or association of persons or bodies who appointed such member may appoint, within the period of three months commencing on the date of such occurrence, a person to fill the vacancy. (2) If the person or body or association of persons or bodies empowered by subsection (1) of this section to appoint a person to be a member of the State Council fails to so appoint a person within that period, the Minister may appoint a person who shall be deemed to have been appointed by the person or body or association of persons or bodies who should have appointed him. (3) The person appointed to fill such a vacancy shall, subject to this Act, hold office for the remainder of his predecessor's term of office. 11. Business of State Council . The rules set forth in the Third Schedule to this Act shall govern the members, proceedings and conduct of business of the State Council and shall be observed. 12. (1) Duties of State Council . The State Council shall- (a) advise the Minister in relation to the•administration of this Act; (b) advise the Minister with respect to ambulance services generally including the establishment, extension, amalgamation and abolition of Committees and Brigades; (c) ensure that every Committee complies with the provisions of this Act; (d) co-ordinate the services of Committees and co-operate with the St. John Ambulance Association and the St. John Ambulance Brigade of Australia for the purpose of civil defence or other emergency or purpose; (e) perform such other duties for the purpose of this Act as the Minister may, from time to time, assign to the State Council or as may be prescribed; (f) furnish to the Minister as soon as practicable after the completion of each year a report of the administration by the State Council of this Act in respect of that year. (2) Powers of State Council . The State Council may inspect and inquire into the affairs of any Committee including the administration of that Committee, the exercise by that Committee of its functions under this Act and the application of the funds and property of that Committee and shall have and may exercise such other powers as the Governor in in Council (who is hereby thereunto authorized) from time to time confers upon it for the purpose of carrying this Act into effect. (3) For the purpose of performing any of its functions under this Act the State Council may, with the approval of the Minister, by writing under its seal, authorize any person to do all or any of the following:- (a) enter upon the premises of any Committee; (b) inspect the premises of any Committee and the books, documents, records, equipment and vehicles of the Committee situated therein or thereon or at any place whatsoever.

56 Ambulance Services Act of 1967, No. 15 (4) (a) A person authorized in writing _pursuant to subsection (3) of this section or pursuant to an exercise of power conferred upon the State Council pursuant to subsection (2) of this section may do all things necessary or desirable to enable him to carry out the terms of his authority. (b) A person who wilfully obstructs in the exercise of his powers under this Act any person authorized by the State Council under this section commits an offence against this Act. 13. Appointment of State Council officers. The State Council may, from time to time appoint a secretary and such other officers and employees as are necessary to carry this Act into effect. A person appointed pursuant to this section shall be employed on such terms and conditions and be paid such remuneration as is, from' time to time, provided for in any industrial award or industrial agreement applicable with respect to such person or, where there is no such industrial award or industrial agreement , as may, from time to time be determined by the State Council with the approval of the Public Service Commissioner. 14. Ambulance Administration Fund . (1) The State Council shall establish in the Treasury an Ambulance Administration Fund. (2) There shall be paid into such fund- (a) the annual endowment from the Treasurer; (b) all other moneys directed or permitted by this Act to be paid into such fund. The annual endowment shall be paid by the Treasurer out of moneys from time to time appropriated by Parliament for that purpose. (3) There shall be paid by the State Council from such fund- (a) to the general fund of the State Council in each year an amount not exceeding five per centum of the annual endowment for that year; (b) to each Committee in each year an amount which bears the same proportion to the annual endowment for that year (less any deduction made pursuant to paragraph (a) of this subsection) as the endowable collections of the Committee in question for the preceding year bear to the endowable collections of all Committees for the preceding year, (c) any other moneys directed or permitted by this Act to be paid out of such fund. (4) In subsection (3) of this section the term " endowable collections means such collections of the Committee in question as are approved by the Minister for the purposes of that subsection. 15. General Fund of Council . (1) The State Council shall establish a general fund. (2) There shall be paid into such fund- (a) the annual grant from the Treasurer; (b) all moneys directed or permitted by this Act to be paid into such fund. The annual grant from the Treasurer shall be paid out of moneys from time to time appropriated by Parliament for that purpose.

Ambulance Services Act of 1967, No. 15 57 (3) There shall be paid from such fund- (a) the expenses incurred in the conduct of the business of the State Council; (b) the salaries, allowances and proper expenses of the members and secretary of State Council and of the other officers and employees of State Council; (c) all moneys otherwise payable by the State Council in the discharge of its functions under this Act. 16. Trust Fund . (1) The State Council shall establish a Trust Fund. (2) There shall be paid into such fund- (a) contract deposits; (b) all moneys arising from- (i) any bequest, legacy or gift; (ii) any bequest, devise, legacy or gift of property, received by or vested in the State Council. (3) Moneys in the trust fund shall continue to be subject to the same directions and restrictions as to their application or disbursement as if such moneys had not been paid into the fund. Where moneys in the fund are not subject to any directions and restrictions as to their application or disbursement they shall not be paid out of the fund without the prior approval of the Minister. (4) Moneys in the trust fund may, pending application or disbursement, be invested by the State Council in such manner as a trustee may invest trust funds in his hands pursuant to " The Trustees and Executors Act of 1897 " (as subsequently amended). 17. (1) Annual budget to be prepared . On or before the first day of August in each year the State Council shall cause to be framed the budget for the current year in the form and manner prescribed. (2) Separate budget for every fund . For every fund established and kept by the State Council in pursuance of this Act, separate budgets shall be framed. (3) Adoption of budget . Every budget shall be adopted by the State Council no later than the thirty-first day of August in the year for which it was framed. Every budget adopted by the State Council shall be open to inspection. (4) Framing of budget . (a) In framing the budget for the general fund the State Council shall estimate for the current year- (i) the amounts to be disbursed upon the several works, matters, and things to which the general fund is applied as hereinbefore directed, and subject as hereinafter directed shall be set out under the following headings, namely:- (1) administration of the State Council, (2) maintenance of each service or undertaking of the State Council dealt with separately; and (ii) the amounts expected to be received from the several sources of income of the State Council and all other moneys hereinbefore directed to be paid into the general fund.

58 Ambulance Services Act of 1967, No. 15 The estimates of receipts shall be set out as nearly as may be separately in accordance with the several sources of receipts and disbursements and as nearly as may be in accordance with each particular function, and where receipts and disbursements are for corresponding functions, such receipts and disbursements shall be set out opposite each other in the budget. (b) Subject to this Act, the budget shall show the following information, that is to say:- (i) particulars of each item; (ii) estimates adopted for the previous year; (iii) actual receipts and disbursements for the previous year; and (iv) estimates of receipts and disbursements for the current year. (c) The State Council shall observe the budget and as nearly as may be balance such budget, and if at the end of any year there is a surplus or deficit, such surplus or deficit shall be carried forward and taken into account in framing the budget for the next ensuing year. (d) At the close of each year all authorizations of expenditure and votes of money therefor shall lapse. Any vote so lapsing may be revoted. (e) Any ordinary disbursement of the State Council in any year prior to its adoption of the budget for such year is authorized and shall be included in the budget for that year. (5). The foregoing provisions shall as near as may be apply and be observed in framing the estimates of receipts and disbursement in all other funds established and kept by the State Council in pursuance of this Act. (6) As soon as may be after the adoption of the budget for the general fund by the State Council such budget shall be submitted for the approval of the Governor in Council, and until so approved shall have no force or effect. The Governor in Council may approve of the budget without modification or he may, subject to the consideration by him of such representations as the State Council may make, approve of the budget with all such modifications by way of alterations, additions, or deletions therein or therefrom as he shall think necessary in the circumstances. (7) If, in any year, the State Council makes any disbursement from any fund which is not provided for in the budget relating to such fund for such year- (a) except in emergent or extraordinary circumstances; or (b) in emergent or extraordinary circumstances, except with the prior approval prescribed by this subsection, all the members of the State Council who have voted for such expenditure shall be jointly and severally liable to repay to the State Council the amount thereof, which amount may be recovered from such members or any of them as money due and owing by such members to the State Council by action at the suit of the Minister in any court of competent jurisdiction. Any such disbursement in extraordinary or emergent cit.;umstances may be approved- (a) by the Minister, if it is made from any part of a provision in the budget for the fund in question which remains unexpended; or (b) in any other case, by the Governor in Council.

Ambulance Services Act of 1967, No. 15 59 PART III-AMBULANCE BRIGADES 18. Constitution of Areas. (1) Upon application in that behalf made to the State Council and upon the recommendation of the Minister the Governor in Council may by Order in Council constitute any portion of the State to be an Area for the purposes of this Act and may in like manner- (a) include in an Area any portion of the State which is not included in an Area; (b) abolish any Area or Areas; (c) join any Area or Areas or join parts of any Area or Areas with another Area or Areas; (d) alter the boundaries of Areas by including in one Area a part or parts of another Area or a part or parts of other Areas and by excluding such part or parts from such other Area or Areas; (e) divide an Area into two or more Areas. (2) When a boundary of an Area is altered and the boundary of any other Area is thereby affected the Governor in Council may, if it becomes necessary so to do, by Order in Council published in the Gazette, declare and apportion the assets and liabilities of the respective Committees concerned between them and give such directions in relation to the officers and employees of the respective Committees, the contributors to the Brigades provided thereby and to the Committees generally as to him appears just. (3) When two or more existing Areas are amalgamated the Governor in Council may, by Order in Council, declare the assets and liabilities of the respective Committees concerned to be vested in the Committee of the amalgamated Area and thereupon such assets and liabilities shall vest accordingly. (4) A declaration, apportionment or direction made pursuant to this section shall have the force of law and shall be obeyed by all persons. 19. Ambulance Committees . For each Area there shall be a Committee to be called " The Queensland Ambulance Transport Brigade (name of Area) Committee." By that name a Committee shall be a body corporate, shall have perpetual succession and a common seal, which shall be judically noticed, and subject to this Act shall be capable in law 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; and (c) doing and suffering all such other acts and things as bodies corporate may by law do and suffer. 20. Composition of Committee. (1) First established . Where a Committee is first established the Governor in Council shall direct the manner in which the members of the Committee shall be appointed or in default of giving such a direction, appoint the members thereof. (2) Number of members to be declared . The Governor in Council shall, on the recommendation of the State Council, from time to time in relation to a Committee declare the number of members of such Committee, being a number not less than five nor more than nine.

60 Ambulance Services Act of 1967, No. 15 In making a recommendation pursuant to this subsection, the State Council shall take into consideration the number of contributors, at the conclusion of the preceding year, to the Brigade provided and maintained by the Committee in question. The number of members of a Committee in existence immediately prior to the commencement of this Act shall be deemed to have been declared by the Governor in Council pursuant to, and in the manner provided by, this subsection. 21. Election of members prior to commencement of Act. (1) This section shall come into operation upon the passing of this Act. (2) The triennial election of members of Committees within the meaning of " The Hospitals Acts, 1936 to 1967," due to be held on or before the twenty-fourth day of May in the year one thousand nine hundred and sixty-seven shall be held in accordance with and subject to the Fourth Schedule to this Act in lieu of the Second Schedule to " The Hospitals Acts, 1936 to 1967," and for this purpose the Fourth Schedule shall come into operation upon the passing of this Act. In so applying the Fourth Schedule to this Act to such triennial election- (a) the term " State Council " shall mean the Executive Committee of the Queensland Ambulance Transport Brigade; (b) the term "Area " shall mean the locality within which the operations and collections of the Ambulance Brigade concerned are limited. 22. Triennial elections . (1) In respect of each Committee a triennial election of members shall, as the returning officer appoints, be held on or before the thirty-first day of March one thousand nine hundred and seventy and thereafter on or before the thirty-first day of March in every third year. The contributors to the Brigade concerned shall elect the members of the Committee. The rules set forth in the Fourth Schedule to this Act shall apply to every election of members of a Committee and shall be observed. (2) Where the Minister is satisfied that on account of emergent circumstances a triennial election will not be able to be held on or before the thirty-first day of March in the year concerned he shall fix a later date on or before which the triennial election shall be held and such election shall be held accordingly. 23. Tenure of office of member of Committee . (1) Subject to this Act a member of a Committee shall hold his office for a term of three years. The office of a member- (a) subject to subsection (2) of this section shall commence- (i) (in respect of the triennial election held or to be held in respect of that office on or before the thirty-first day of March one thousand nine hundred and seventy) on the first day of April in that year; (ii) (in respect of a triennial election held or to be held in respect of that office on or before the thirty-first day of March in every third year after the year one thousand nine hundred and seventy) on the first day of April in every such year;

Ambulance Services Act of 1967 , No. 15 61 (b) shall become vacant on the thirty-first day of March in each third year commencing with the year one thousand nine hundred and seventy. (2) When an election is held on a date later than the thirty-first day of March pursuant to subsection (2) of section twenty-two of this Act, the office of a member of the Committee concerned shall commence on the date of the election and the tenure thereof shall be reduced accordingly. 24. Disqualifications from office. A person who- (a) is not of the full age of twenty-one years; or (b) is an undischarged bankrupt or takes advantage of the laws in force for the time being relating to bankruptcy; or (c) has been convicted in Queensland of an indictable offence or has been convicted elsewhere than in Queensland in respect of an act or omission which if done or made by him in Queensland would have constituted an indictable offence; or (d) is a patient within the meaning of " The Mental Health Acts, 1962 to 1964 "; or (e) is not a contributor to the Brigade provided and maintained by the Committee; or (f) is concerned or participates in the profits of a contract with the Committee or State Council, shall not be qualified to be or to continue as a member of a Committee: Provided that a person shall not be disqualified from being or continuing as a member of a Committee solely because he is concerned or participates in a transaction with the Committee or State Council in respect of- (a) a sale , purchase or lease of land, or an agreement for such a sale, purchase or lease; (b) a contract for the publication of advertisements in a public newspaper or journal; (c) a sale of goods to or the performance of work for the Committee or the State Council bona fide in the ordinary course of business, not exceeding the sum or value of one thousand dollars in the aggregate in any year. 25. Vacation of office . A member of a Committee shall be deemed to have vacated his office as such member if he-- (a) dies; or (b) is absent, without leave granted by the Committee from three consecutive meetings of the Committee of which due notice has been given to him; or (c) resigns such office by writing under his hand delivered to the secretary of the Committee; or (d) is removed from office by the Governor in Council (who is hereby thereunto authorized). 26. Casual vacancy. If from any cause, other than expiration of the term of office, a vacancy occurs in the office of a member. of a Committee, the Governor in Council shall appoint some qualified person who shall hold office for the remainder of the term of office of his predecessor. 27. Business of the Committee. The rules set forth in the Fifth Schedule to this Act shall govern the members, proceedings and conduct of business of a Committee and shall be observed.

62 Ambulance Services Act of 1967, No. 15 23. General powers and duties of Committee . A Committee in relation to the Area for which it is constituted shall be charged with the duty of carrying on and maintaining an ambulance transport service. For the purpose of performing such duty a Committee may provide and maintain an Ambulance Transport Brigade consisting of a sufficient number of persons and furnish the same with such plant, equipment and vehicles as may be necessary for the complete equipment of such Brigade and the performance of its duties and the carrying of this Act into effect. Such a Brigade may be located at such places in the Area as the Committee may, from time to time determine. 29. Appointment and remuneration of employees . (1) A Committee may, from time to time, appoint a Superintendent, and may appoint a secretary and such other officers and employees as may be necessary to carry this Act into effect. (2) A Committee shall not pay to a person appointed ,after the commencement of this Act by the Committee pursuant to subsection (1) of this section with respect to whom or to whose occupation as such an industrial award or industrial agreement does not apply a sum by way of salary, wage, allowance or other remuneration for his services as such appointee unless the State Council has approved of the amount of such payment. 30. Appeals against appointments and punishment . (1) If an appointment is made to any position of a permanent and full-time nature in a Brigade, 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 of a Brigade employed by such Committee on a permanent and full-time basis- (a) who duly applied for such position; and (b) who considers himself more entitled to such position than the appointee thereto, may appeal against such appointment in the manner provided in the Sixth Schedule to this Act. Such an appeal may be on the ground of superior efficiency of the appellant or equal efficiency and seniority of the appellant to the appointee. (2) Any officer or employee of a Brigade employed by the Committee on a permanent and full-time basis and who for any offence against the rules has been punished by or on behalf of the Committee by being dismissed, disrated, fined, reprimanded or dealt with otherwise howsoever, may appeal against such punishment in the manner provided in the Sixth Schedule to this Act. Such an appeal may be on the ground of innocence of the offence or excessive severity of the punishment. In an appeal on the ground of excessive severity of the punishment, the Appeal Board hearing such appeal shall take into consideration the previous record of the appellant. (3) This section does not apply to any position prescribed from time to time by the Governor in Council (who is hereby thereunto authorized) by Order in Council or to the holder of any such position.

Ambulance Services Act of 1967, No. 15 63 31. Borrowing . (1) For the purpose of providing financial accommodation for enabling it to exercise and perform its functions a Committee may, and is hereby authorized, with the prior approval of the State Council to obtain from time to time advances- (a) by way of loan from the State Council; or (b) by way of loan from any bank. (2) Before entering into negotiations with respect to the obtaining of any advance by way of loan from any bank a Committee shall obtain the sanction of the State Council authorizing it to enter into such negotiations and for the purpose of obtaining that sanction the Committee shall submit to the State Council such information as the State Council may require. (3) Where a bank requires security for moneys advanced by it by way of loan to a Committee, such security shall be by way of mortgage over the lands held in trust for that Committee by the State Council. 32. (1) Funds of Committees . Every Committee shall establish and keep at all times established in accordance with this Act the following funds:- (a) a general fund ; (b) a loan fund in respect of each loan borrowed; (c) a trust fund; (d) such other funds as may be prescribed. (2) General Fund . (a) The general fund shall consist of the following moneys:- (i) all moneys (excluding loan moneys) received from the State Council; (ii) all other moneys received not appertaining to any other fund. (b) The general fund shall be applied to- (i) expenditure necessarily incurred in the exercise and performance of the functions of the Committee under this Act unless this Act contains an express p.)--vision charging such expenditure to some other fund; (ii) the repayment, including the payment of interest on, of loans borrowed by the Committee. (3) Loan Funds. (a) Each loan fund shall consist of the moneys received by way of loan in respect of the object for which the loan was raised. (b) A loan fund shall be applied to expenditure necessarily incurred in carrying out the object for which the loan was raised. (c) Any balance remaining in any loan fund at its closure shall be paid into and applied for the purpose of the general fund or shall be dealt with in such manner as is approved in writing by the State Council. (4) Trust Fund . (a) The trust fund shall consist of- (i) contract deposits; (ii) all moneys arising from any bequest, legacy or gift received by or vested in the Committee; (iii) all moneys arising from any bequest, legacy or gift of property received by or vested in the Committee; (iv) all moneys arising from any bequest, devise, legacy or gift of property received by or vested in the State Council in trust for the Committee.

64 Ambulance Services Act of 1967, No. 15 (b) Moneys in the trust fund shall continue to be subject to the same directions and restrictions as to their application or disbursement as if such moneys had not been paid into the fund. Where moneys in the fund are not subject to any directions and restrictions as to their application or disbursement they shall not be paid out of the fund without the prior approval of the Minister. (c) Moneys in the trust fund may, pending application or disbursement, be invested by the Committee in such manner as a trustee may invest trust funds in his hands pursuant to " The Trustees and Executors Act of 1897 " (as subsequently amended). 33. (1) Annual budget to be prepared . On or before the first day of August in each year, each Committee shall cause to be framed the budget for the current year in the form and manner prescribed. (2) Separate budget for every fund . For every fund established and kept by a Committee in pursuance of this Act, separate budgets shall be framed. (3) Adoption of budget . Every budget shall be adopted by the Committee no later than the fourteenth day of August in the year for which it is framed. Every budget adopted by the Committee shall be open to inspection. (4) Framing of budget . (a) In framing the budget for the general fund the Committee shall estimate for the current year- (i) the amounts to be disbursed upon the several works, matters, and things to which the general fund is applied as hereinbefore directed, and subject as hereinafter directed shall be set out under the following headings, namely:- (1) administration of the Committee; (2) maintenance of each service or undertaking of the Committee dealt with separately; (3) annual charges for interest and redemption of loans; and (ii) the amounts expected to be received from the several sources of income of the Committee and all other moneys hereinbefore directed to be paid into the general fund. The estimates of receipts shall be set out as nearly as may be separately in accordance with the several sources of receipts and disbursements and as nearly as may be in accordance with each particular function, and where receipts and disbursements are for corresponding functions, such receipts and disbursements shall be set out opposite each other in the budget. (b) Subject to this Act, the budget shall show the following information, that is to say:- (i) particulars of each item; (ii) estimates adopted for the previous year; (iii) actual receipts and disbursements for the previous year; and (iv) estimates of receipts and disbursements for the current year. (c) The Committee shall observe the budget and as nearly as may be balance such budget, and if at the end of any year there is a surplus or deficit, such surplus or deficit shall be carried forward and taken into account in framing the budget for the next ensuing year.

Ambulance Services Act of 1967, No. 15 65 (d) At the close of each year all authorizations of expenditure and votes of money therefor shall lapse. Any vote so lapsing may be revoted. (e) Any ordinary disbursement of the Committee in any year prior to its adoption of the budget for such year is authorized and shall be included in the budget for that year. (5) The foregoing provisions shall as near as may be apply and be observed in framing the estimates of receipts and disbursements in all other funds established and kept by the Committee in pursuance of this Act. (6) As soon as may be after the adoption of the budget for the general fund by the Committee such budget shall be submitted to the State Council for the approval of the Governor in Council, and until so approved shall have no force or effect. The State Council shall revise every such budget and, where it appears to the State Council 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, shall amend the budget in such way as the State Council thinks reasonable, and shall recommend the budget (as amended should the case require it) for the approval of the Governor in Council. The Governor in Council may approve of the budget without modification or he may, subject to the consideration by him of the recommendation of the State Council approve of the budget with all such modifications by way of alterations, additions, or deletions therein or therefrom as he shall think necessary in the circumstances. (7) If, in any year, a Committee makes any disbursement from any fund which is not provided for in the budget relating to such fund for such year- (a) except in emergent or extraordinary circumstances; or (b) in emergent or extraordinary circumstances, except with the prior approval prescribed by this subsection, all members of the Committee who have voted for such expenditure shall be jointly and severally liable to repay to the Committee the amount thereof, which amount may be recovered from such members or any of them as money due and owing by such members to the Committee by action at the suit of the Minister in any court of competent jurisdiction. Any such disbursement in extraordinary or emergent circumstances may be approved- (a) by the Minister, if it is made from any part of a provision in the budget for the fund in question which remains unexpended; or (b) in any other case, by the Governor in Council. 34. Committee may make rules. (1) Subject to this section, a Committee may, from time to time make rules not inconsistent with this Act in relation to all or any of the following purposes:- (a) the times for holding meetings of the Committee, the summoning and adjournment of such meetings and the proceedings and preservation of order at such meetings; (b) the transaction and management of the business of the Committee; (c) the payment of fees to members for attending meetings of the Committee or any of its sub-committees, and making inspections and the payment of expenses necessarily incurred by attending such meetings and making such inspections; 3

66 Ambulance Services Act of 1967, No. 15 (d) the imposition of charges and fees in respect of any service by the Brigade concerned; (e) the collection and recovery of charges and fees; (f) the duties of officers and other employees of the Committee and the terms and conditions of service of such officers and employees; (g) the maintenance of discipline and good conduct of officers and other employees of the Committee; (h) the carrying into effect of this Act generally. (2) A Committee may, in its rules, impose a penalty for any breach of such rules and may impose varying penalties for successive breaches thereof. Any such penalty, being a pecuniary penalty- (a) shall not exceed one hundred dollars; (b) may be recovered or enforced by complaint in a summary way under " The Justices Acts, 1886 to 1965." (3) A rule shall not have any force or effect unless it is- (a) sealed with the seal of the Committee ; (b) approved by the State Council; (c) approved by the Governor in Council; and (d) published in the Gazette. A copy of the Gazette containing notification of the approval of a rule by the Governor in Council shall, upon its production in any proceeding, be sufficient evidence until the contrary is shown that such rule was duly made, sealed and approved as in this subsection provided and that such rule is at the date of such production still in force. (4) The Governor in Council may at any time by notification published in the Gazette revoke any rule or part of a rule (whether made by a Committee before or after the commencement of this Act) whereupon such rule or, as the case may be, part shall cease to have any force and effect but without prejudice to anything done or omitted to be done thereunder prior to such revocation. (5) The State Council may from time to time prepare model rules and may recommend to Committees the making of rules in conformity with such model rules. PART IV-AMBULANCE LANDS 35. Ambulance lands to be vested in State Council . (1) The legal estate in any land to which a Committee is entitled (whether such entitlement arises by way of gift, purchase, devise, bequest or otherwise) shall be vested as prescribed by this section in the State Council upon trust for and for the purposes of the Committee concerned, (2) The person legally liable to assure to the Committee the legal estate in the lands to which the Committee is entitled shall execute, do and take all such conveyances, transfers, other documents, things and steps as are necessary to vest that estate in the State Council.

Ambulance Services Act of 1967, No. 15 67 36. Rights of State Council in relation to ambulance lands. (1) Subject to this section the State Council may from time to time- (a) sell for the estate vested in it completely freed and discharged from the trusts upon which the same was vested in it, any land held in trust by the State Council pursuant to this Part of this Act; (b) mortgage any such lands; or (c) lease or let any such lands or any building or any part of any building erected upon such lands. (2) (a) The State Council shall not exercise or attempt to exercise any power described in subsection (1) of this section- (i) unless the consent of the Committee concerned is first had and obtained; (ii) (where such consent is subject to a term or condition) contrary in any respect to such term or condition. (b) A Committee may at any time before the exercise of any such power- (i) revoke its consent to such exercise; (ii) subject its consent to such exercise to such terms and conditions as it deems fit; or (iii) revoke, alter, add to or otherwise modify any such terms or conditions to which it has already subjected its consent. The power to subject a consent to terms and conditions includes, but without limit to the generality of such power, terms and conditions providing for, determining, directing, requiring or ensuring- (i) in relation to any sale, cash or terms, reserve price, offer at public auction before private sale, and if terms, such terms including the deposit and security for the unpaid amount of the purchase price, and interest upon the unpaid amount of the purchase price; (ii) in relation to any mortgage, the amount or maximum amount of the money to be raised by the mortgage, and the duration thereof; (iii) in relation to any lease, agreement to lease, or letting, the amount and manner of payment of rental, premium or consideration additional to rental, and term of tenancy. (c) Any mortgage referred to in this section may contain a power of sale by the mortgagee , his executors, administrators or assigns in case of default in payment of any principal or interest moneys secured by such mortgage, or of breach of any of the conditions therein contained. In the due exercise of such power the mortgagee may, and is hereby empowered to sell the land comprised in such mortgage for the estate therein held upon trust by the State Council absolutely freed and discharged from such trust. 37. Exoneration of party to transaction . (1) The receipt in writing of the State Council for any moneys paid or advanced to it in respect of any sale, mortgage , lease or letting or agreement referred to in this section shall be a good and sufficient discharge for such moneys to the person paying or advancing the same, and such person shall not be required to see to the application or be affected by the misapplication or non-application thereof.

68 Ambulance Services Act of 1967, No. 15 (2) Nothing in this section shall authorize or be deemed to authorize the State Council or any Committee to exercise any power or authority conferred by this section contrary to an express provision of the trust upon which any land is vested in the State Council. 38. Issue of deeds, &c. (1) Any deed of grant whereby any Crown land is proposed to be granted in trust to any Committee shall issue in the name of the State Council as trustee for such Committee. (2) Any Crown land which, pursuant to " The Land Acts, 1962 to 1965," is proposed to be reserved or set apart for a Committee, for any purpose of a Committee, under the control of trustees, shall be placed under the control of the State Council as trustee. 39. Endorsement of titles, &c. (1) The Registrar of Titles in the case of any land held in trust by the State Council pursuant to this Part of this Act to which " The Real Property Acts, 1861 to 1964," apply, and, in the case of any such lands to which those Acts do not apply, the person or authority charged with registering instruments of title to such lands shall, by virtue of this Part of this Act, have power and authority to make, and shall cause to be made, any necessary entries or endorsements in the appropriate register book or other record of titles concerned, and do and execute all such other acts, matters and things as may be necessary and proper to give full effect to the objects and purposes of this Part of this Act. (2) With respect to any Crown land mentioned in section thirty-eight of this Act, the Land Administration Commission may cause to be made such entries and notings in the appropriate records of the Department of Lands as it deems necessary or desirable. PART V-MISCELLANEOUS 40. Superannuation scheme. (1) In this section unless the context otherwise indicates or requires, the following terms shall have the meanings respectively assigned to them, that is to say:- "Approved scheme "-The superannuation scheme approved by the Governor in Council: The term includes the approved superannuation scheme as amended from time to time in accordance with this section; " Permanent employee "-Any of the following classes of employees of the State Council or of a Committee:- (a) any employee who has been in the continuous employment of the State Council or of the Committee in question for a period of not less than twelve months; (b) any employee declared in writing by the State Council (in respect of an employee of the State Council) or by a Committee (in respect of an employee of that Committee) to be a permanent employee for the purposes of this section. In this definition- (i) " employee " includes officer; and (ii) continuous employment with the Executive Committee constituted under the Amended Acts up to the day immediately preceding the date of the commencement of this Act shall be deemed to be continuous employment with the State Council and accordingly shall be taken into consideration when computing continuous employment with the State Council; and

Ambulance Services Act of 1967, No. 15 69 (iii) continuous employment with a Committee up to the day immediately. preceding the date of the commencement of this Act shall be taken into consideration when computing continuous employment with that Committee; " Superannuation scheme "-Includes a provident scheme or plan or trust. (2) The State Council shall have power to establish and support or aid in the establishment and support of such superannuation scheme as may be approved by the Governor in Council (who is hereby thereunto authorized) for the benefit of its permanent employees and their dependants, and the permanent employees and their dependants of Committees. The State Council may with the approval of the Governor in Council from time to time amend the approved scheme. (3) A Committee may elect to join the approved scheme. The manner and method of election shall be as prescribed in the approved scheme. (4) The State Council shall and is hereby authorized and empowered to, make its contributions to the approved scheme from its general fund. A Committee which has joined the approved scheme shall, and is hereby authorized and empowered to, make its contributions to the approved scheme from its general fund. (5) Every permanent employee- (a) of the State Council, who commenced such employment before the date of approval of the approved scheme; and (b) of a Committee, who commenced such employment before the date when such Committee joined the approved scheme, may, subject to his being eligible, elect to join the approved scheme and, upon so electing, shall pay such contributions as he is required to make pursuant to the approved scheme. (6) Every permanent employee- (a) of the State Council, who commences such employment on or after the date of approval of the approved scheme; and (b) of a Committee, who commences such employment on or after the date when such Committee joined the approved scheme, shall upon his becoming such permanent employee and being otherwise eligible, join the approved scheme, and pay such contributions as he is required to make pursuant to the approved scheme. 41. Constitution of Zones. (1) The Governor in Council may, by Order in Council constitute any portion of the State to be a zone for the purposes of this Act and may, on the recommendation of the State Council, in like manner- (a) include in a zone any portion of the State which is not included in a zone; (b) abolish any zone or zones; (c) join any zone or zones or join parts of any zone or zones with another zone or zones;

70 Ambulance Services Act of 1967, No. 15 (d) alter the boundaries of zones by including in one zone a part or parts of another zone or a part or parts of other zones and by excluding such part or parts from such other zone or zones; (e) divide a zone into two or more zones; (f) assign a name to any zone or alter the name of any zone. (2) A zone shall comprise the whole of one or more Areas. 42. Zonal conferences . The Committees whose Areas comprise a zone may from time to time hold conferences for the purpose of mutual discussion on matters affecting such Committees. Such a conference may be attended by a person or persons appointed by the State Council. 43. (1) Intervention by Governor in Council . (a) The Governor in Council may at any time do all or any of the following things:- (i) suspend or rescind any resolution, notice, direction, requirement, or order of a Committee; (ii) prohibit the expenditure of any moneys from the general fund or any other fund of a Committee upon any work which he deems unnecessary or unreasonable under the circumstances. (b) Any resolution of a Committee rescinded by the Governor in Council shall be void ab initio unless the Governor in Council specifies some later date, in which case the resolution concerned shall be void on and from such specified date. In any case where a resolution so rescinded empowers or authorizes or purports to empower or authorize the making by or on behalf of a Committee of any contract or agreement or the acceptance by or on behalf of a Committee of any tender or the doing or °xecuting by or on behalf of a Committee of any other act, matter, or thing whatsoever, any such contract or agreement made or purported to have been made or any such tender accepted or purported to have been accepted or any such other act, matter, or thing done or purported to have been done in pursuance of such resolution shall be void ab initio. When, in pursuance of this section, any contract or agreement made by or on behalf of a Committee or any acceptance of a tender by or on behalf of a Committee or any other act, matter, or thing whatsoever done by or on behalf of a Committee is void ab initio, no action, claim or demand whatsoever shall lie or be made or allowed by or in favour of any person whosoever against such Committee or any member, officer or employee of such a Committee for or in respect of any damage or loss or injury sustained or for or in respect of any other right or remedy whatsoever conferred or alleged to have been conferred by reason of the making of the contract or agreement concerned, the acceptance of the tender concerned or, as the case may be, the doing of the other act, matter, or thing concerned. If the Governor in Council when rescinding a resolution of a Committee specifies that such resolution shall not be void ab initio, but shall be void from some later date, such rescission shall not void any such contract or agreement, acceptance of a tender, or other act, matter, or thing as aforesaid made, accepted, or, as the case may be, done prior to such later date. If any contractor whose contract with a Committee becomes void ab initio under and in pursuance of this subsection at any time satisfies the Governor in Council that such contract was bona fide and that he incurred expense prior to the date of the rescission by the Governor in Council of the resolution authorizing same in or for the purposes of the

Ambulance Services Act of 1967, No. 15 71 execution, performance, and carrying out of such contract, or for any of those purposes, then the Governor in Council may direct such Committee to pay, and thereupon such Committee shall pay the amount of such expenses to such contractor; any amount so directed to be paid shall constitute a debt due and owing by such Committee to the contractor concerned. (2) Extravagant allowances , &c. If, whether in pursuance of any resolution or order of a Committee or otherwise, any payment of money has been made to any member of a Committee out of the general fund or any other fund which the Governor in Council considers unnecessary, extravagent, or is not authorized by this Act or any other Act, the Minister shall order such member to repay such money to the Committee forthwith or within such time as the Minister allows. If such member does not repay such money in pursuance of such order, the order may be made an order of the Supreme Court by filing a copy thereof in the office of the Registrar of such court, and may be enforced accordingly. 44. Investigations . (1) The Minister may on the recommendation of State Council or on his own motion at any time and from time to time, cause an investigation to be made into any Committee, including the exercise by that Committee of its functions under this Act, and the application of the funds, and property of the Committee. (2) The Minister may cause any such investigation to be made by a person appointed in writing by him in that behalf. In carrying out any such investigation such person shall have and may exercise all the powers, authorities, protection and jurisdiction of a Commission under " The Commissions of Inquiry. Acts, 1950 to 1954," except such as are limited to a Chairman of such a Commission who is a Judge of the Supreme Court. (3) At the conclusion of an investigation pursuant to this section, the person conducting the investigation shall make a report in writing thereon to the Minister. 45. Obtaining of information . (1) The Minister or a person authorized by the Minister in writing in that behalf, at any time and from time to time, may require the State Council or any member, officer or other employee of the State Council- (a) to answer any question or to supply such information as required; (b) to produce all or any records, documents or writings as required; (c) to lodge all or any returns as required. (2) The Minister or a person authorized by the Minister in writing in that behalf or any person authorized by the State Council in that behalf, at any time and from time to time may require any Committee or any member, officer or other employee of a Committee- (a) to answer any question or to supply such information as required; (b) to produce all or any records, documents or writings as required; (c) to lodge all or any returns as required. 46. Dissolution of Committees , &c. (1) When, in the opinion of the Minister or the State Council, a Committee has- (a) become unnecessary; or (b) exhibited grave neglect of its duty, or grave mismanagement in its ambulance services, its finances, or its administration; or

72 Ambulance Services Act of 1967, No. 15 (c) exhibited gross incompetence in the conduct of its affairs, the Minister on his own motion or, on the recommendation of the State Council, may recommend- (d) in the case of the cause referred to in paragraph (a) of this subsection, that the Committee be dissolved and the Area of such Committee be abolished; and (e) in the case of any other cause, that the Committee be dissolved, and that either- (i) a new Committee be constituted for the Area concerned; or (ii) the State Council should be deemed to be the Committee for that Area until a new Committee be constituted in accordance with this Act. (2) Upon the recommendation of the Minister, in that behalf, the Governor in Council may, by Order in Council dissolve the Committee and abolish the Area and give such directions in relation to the disposal of the assets and the discharge of the liabilities of the Committee as he thinks fit or, as the case may require, dissolve the Committee whereupon, in either case, the members of the Committee shall forthwith go out of office. By the same or a subsequent Order in Council the Governor in Council may- (a) appoint the State Council to carry on, for such period as is specified therein, such of the functions of the Committee as are specified therein: For such period or for so long as such Order in Council remains in force (whichever is the shorter period) and for the purpose of performing such functions the State Council shall be deemed to be a Comm.ttee and shall have and may exercise and shall be subject to all the powers, authorities, duties and responsibilities of a Committee under this Act; (b) direct that a new Committee be constituted in accordance with this Act for the Area in question before a date to be therein specified by him whereupon a new Committee for such Area shall be constituted accordingly. 47. Unlawfully carrying on ambulance transport , &c. (1) A person shall not carry on or hold himself out to carry on any operations relating to ambulance transport, first aid or teaching of first aid or all or any of such matters unless he is a Committee or is a Board within the meaning of " The Hospitals Acts, 1936 to 1967." In a prosecution for an offence against this subsection it shall not be necessary to prove that the carrying on of any operations as alleged was for fee, remuneration or reward or, as the case may be, that in holding out as alleged that the offender would have carried out any operation as alleged for fee, remuneration or reward. (2) Subsection (1) of this section shall not apply in respect of- (a) the operations, outside any Area, of the St. John Ambulance Association or the St. John Ambulance Brigade in Australia or any person authorized by such Association or Brigade; (b) the operations, within any Area, of the St. John Ambulance Association or the St. John Ambulance Brigade in Australia or any person authorized by such Association or Brigade- (i) where such operations comprise- (I) the teaching of first aid;

Ambulance Services Act of 1967, No. 15 73 (2) the supplying of a first aid service without fee, remuneration or reward other than in respect of a sporting event for admission whereto a charge is made; (ii) (in respect of operations other than those specified in paragraph (i), including operations comprising the supplying of a first aid service for fee, remuneration or reward or operations comprising the supplying of a first aid service in respect of a sporting event for admission whereto a charge is made) where the consent of the Committee constituted for that Area or, as provided by this section the approval of the Minister, was obtained for the carrying on of the operations in question; (c) the supplying of a first aid service without fee, remuneration or reward by any person as a service or amenity to his employees; and (d) the doing of any act or thing authorized by the Governor in Council by Order in Council by any person, body or association of persons howsoever designated in such Order in Council. (3) Where the St. John Ambulance Association or the St. John Ambulance Brigade in Australia desires to obtain the consent of a Committee to the doing of any act it shall apply to such Committee for its consent. The Committee may if it thinks fit- (a) give its consent to the doing of such act; (b) give its consent to the doing of such act subject to terms and conditions. (4) The St. John Ambulance Association or the St. John Ambulance Brigade in Australia may appeal to the Minister against- (a) the refusal of a Committee to give its consent as applied for; (b) the terms and conditions in respect of which a Committee has subjected its consent as applied for. Upon an appeal made pursuant to paragraph (a) of this subsection the Minister may, if he thinks the consent was unreasonably refused, uphold the appeal and approve of the doing of the act concerned subject to such terms and conditions as he thinks fit. Upon an appeal made pursuant to paragraph (b) of this subsection the Minister may, if he thinks all or any of the terms and conditions unreasonable, substitute his approval of the doing of the act concerned for the consent of the Committee and subject that approval to such terms and conditions as he thinks fit. (5) A person committing a breach of any term or condition of a consent or approval shall be deemed to have committed an offence against this section. (6) The Governor in Council may by Order in Council authorize auuy person, body or association of persons or a class of persons, bodies or association of persons to carry on Ambulance Transport, first aid or teaching of first aid or all or any of such matters. (7) (a) A natural person committing an offence against this section shall be liable to a penalty not exceeding one hundred dollars. (b) A body corporate committing an offence against this section shall be liable to a penalty not exceeding two hundred dollars.

74 Ambulance Services Act of 1967, No. 15 48. Unauthorized collections . (1) A person shall not 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 unless he is a Committee or is a Board within the meaning of " The Hospitals Acts, 1936 to 1967." (2) A person shall not be convicted for an offence against subsection (1) of this section if such person satisfies the Court.that the solicitation or acceptance concerned was permitted by the Minister pursuant to subsection (3) of this section. (3) The Minister may in relation to any Area permit in writing any person to solicit or accept moneys by public contribution of any kind for the purpose of the treatment of the sick, ambulance transport, first aid or teaching of first aid. The Minister may subject a permit to such conditions as he deems fit, including conditions limiting the purpose for which the permittee may raise moneys by public contribution, fixing the maximum amount or maximum periodical amount which may be so raised, and specifying the manner in which and the times when moneys may be so raised by the permittee. A permittee committing a breach of any such condition shall be deemed to have committed an offence against this section. A permit may be revoked by the Minister at any time. (4) This section or any permit given under this section shall not be construed so as to authorize, justify or excuse any act or omission which is an offence against any other Act. (5) (a) A natural person committing an offence against this section shall be liable to a penalty not exceeding one hundred dollars. (b) A body corporate committing an offence against this section shall be liable to a penalty not exceeding two hundred dollars. 49. Re-election or re-appointment . Nothing in this Act shall prevent any person from being immediately, or at any time, re-appointed or re-elected to any office or place under this Act if he is otherwise capable for the time being, of holding that office or place. 50. Failure to comply with lawful requirements , &c. Every person who- (a) being required under this Act to supply any information, produce any record, or lodge any return, fails, without reasonable excuse the proof whereof shall lie upon him, to supply that information, produce that record, or lodge that return, as the case may be, in accordance with that requirement; (b) being required under this Act to answer any question, fails without reasonable excuse the proof whereof shall lie upon him to answer that question or gives an answer which he knows to be false ; (c) assaults, resists, or obstructs any person in the exercise of his powers or in the discharge of his duties under this Act, or attempts so to do, shall be guilty of an offence against this Act.

Ambulance Services Act of 1967, No. 15 75 51. Liability for offences by corporations, &c. (1) Except where otherwise expressly provided in this Act, where a Committee or corporate body offends against this Act each and every one of the following persons shall be deemed to have committed the offence, and shall be liable to be proceeded against and punished accordingly, namely:- (a) in the case of a Committee, every member thereof; (b) in the case of a corporate body- (i) the managing director, manager, or other governing officer, by whatever name called, and every member of the governing body, by whatever name called, thereof; and (ii) every person who in Queensland manages or acts or takes part in the management, administration, or government of the business in Queensland of the corporate body. This subsection applies so as not to limit or affect howsoever the liability of a Committee or corporate body to be proceeded against and punished for an offence against this Act committed by it. (2) Except where otherwise expressly provided in this Act, where any member of an unincorporate body or association of persons commits an offence against this Act, the other member or members, as the case requires, of that body or association shall be deemed to have also committed the offence and shall be liable to be proceeded against and punished accordingly. (3) No person who is proceeded against pursuant to this section shall be convicted if the court is satisfied that the offence was committed without his consent or connivance and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to all the circumstances. 52. Penalty provisions . (1) Any person who contravenes or fails to comply with any provision of this Act commits an offence against this Act and is liable, if a specific penalty is not prescribed for that offence, to a penalty of one hundred dollars. A prosecution for an offence against this Act shall be taken by way of summary proceedings under " The Justices Acts, 1886 to 1965." (2) Nothing in this Act contained shall render any person compellable to answer any question incriminating or tending to incriminate himself. 53. Limitation of liability. No act, matter, thing, recommendation or decision done or made in good faith by- (a) the Minister; (b) the State Council; (c) any member of the State Council; (d) the secretary or any officer or employee of the State Council; (e) a Committee; (f) any member of a Committee; (g) the secretary or any officer or other employee of a Committee, for the purpose of carrying out or giving effect to this Act, shall subject them or any of them or the Crown to any action, liability, claim or demand. No provision of this section shall authorize, justify or excuse an act or omission which is an offence against this Act.

76 Ambulance Services Act of 1967, No. 15 54. Regulations . (1) The Governor in Council may from time to time make regulations, not inconsistent with this Act, providing for all or any purposes, whether general or to meet particular cases, as are convenient for the administration of this Act or as are necessary or expedient for carrying out the objects and purposes of this Act. (2) Without limiting the generality of the provisions of subsection (1) of this section, regulations may be made for or in respect of all or any of the following purposes, matters, and things, that is to say:- (a) providing for and regulating the form and manner in which the State Council and each Committee shall prepare and lodge its budget; (b) on the recommendation of the Auditor-General, prescribing the books of account to be kept by the State Council and by each Committee and providing for and regulating the form and manner in which they shall be kept; (c) providing for, regulating and controlling the procedure for the doing of any act required by this Act to be done; (d) providing for the creation of offences for contravention of or non-compliance with a regulation and prescribing penalties therefor not exceeding in any case one hundred dollars; (e) providing for and prescribing charges and fees to be paid under or for the purposes of this Act and the purposes for which the same shall be payable; (f) prescribing all other matters which, by this Act, are required or permitted to be prescribed and in respect of which no other method of so prescribing is specified. (3) Regulations may be made on the passing of this Act. (4) When a regulation made pursuant to this Act is inconsistent with a rule or any part thereof such regulation shall prevail and, to the extent of such inconsistency, the rule or, as the case may be, part shall be of no force and effect. 55. Publication of Orders in Council , &c. (1) Every Order in Council and regulation made or purporting to be made under this Act shall- (a) be published in the Gazette; (b) upon its publication in the Gazette, be judicially noticed and such publication shall be conclusive evidence of the matters contained therein; (c) take effect from the date of such publication unless, in the case of any regulation a later date is specified in that or any other regulation for its commencement when in such event it shall take effect from that later date; and (d) be laid before the Legislative Assembly within fourteen sitting days after such publication, if the Legislative Assembly is in session, and if not, then within fourteen sitting days after the commencement of the next session. (2) If the Legislative Assembly passes a resolution of which notice has been given at any time within fourteen sitting days after any such Order in Council or regulation has been laid before it disallowing the same or part thereof, that Order in Council, regulation or part thereof shall thereupon cease to have any effect, but without prejudice to the validity of anything done in the meantime or to the making of a further Order in Council or regulation.

Ambulance Services Act of 1967, No. 1"5 77 SCHEDULES [Section 3 (1)] FIRST SCHEDULE AMENDMENTS TO " THE HOSPITALS ACTS, 1936 T o 1964 " 1. Section one is amended by omitting in subsection (3) all the words, symbols and numerals from and including the words , symbols and numerals " PART IV-VOLUNTARY HOSPITALS -" to and including the words, symbol and numerals " Section 32 - Ambulances ". 2. Section three is amended by- (a) in the definition " Chairman " omitting the words " or committee "; (b) omitting the definition " Committee "; (c) omitting the definition "Contributor"; (d) in the definition " Member " omitting the words " or committee "; (e) omitting the definition " Open to inspection " and inserting in its stead the following definition:- Open to inspection " ( used in reference to books, documents, and writings belonging to or relating to the business of a Board)-Open to inspection or for the making of any copy or extract at the office of the Board at all reasonable times during office hours by any inhabitant of the district or any creditor, or any person acting on behalf of any inhabitant or creditor , without payment of any fee "; (f) in the definition " Secretary " omitting the words " or committee "; (g) omitting the definition " Volunta r y hospital ". 3. Subsection ( 2) of section four is amended by omitting- (a) in paragraph (a) the words " and committees "; and (b) in paragraph (b) the words " or voluntary hospitals ". 4. Section six is amended in the third paragraph ( being the paragraph commencing with the words " Subject to this Act " ) by omitting from paragraph ( a) and (b) the words " or committee " where appearing three times. 5. Section eight is amended- (a) in subsection (1) by- (i) omitting the words " or committee "; (ii) omitting the words " or from the funds of such committee, as the case may be "; (b) in subsection (2) by- (i) omitting the words " or committee " where first appearing; (ii) omitting the words " or out of the funds or other moneys under the control of such committee "; (iii) omitting the words " or committee , as the case may be ". 6. The heading " Control of Ambulance Brigades " immediately preceding section nine is repealed. 7. Section nine is repealed.

78 Ambulance Services Act of 1967, No. 15 8. The heading "Returns by Board or Committee " immediately preceding section eleven is amended by omitting the words " or Committee ". 9. Section ten is amended by- (a) in subsection (1)- (i) omitting paragraph (b); (ii) re-lettering paragraph ( c) as paragraph (b); (b) in subsection ( 3) omitting the words " or committee " where appearing twice. 10. Section eleven is amended by- (a) omitting the words " or a committee " appearing in the first paragraph of subsection (1); ( b) omitting the words " or committee " where appearing five times. 11. Part IV (being the heading " PART IV-VOLUNTARY HOSPITALS " immediately preceding section twenty - eight and sections twenty-eight to 32A, both inclusive ) is repealed. 12. Section thirty- four is amended by omitting the words " or committee " where appearing nine times. 13. Section thirty-seven is amended- (a) in subsection (1) by- (i) omitting the words " or any committee "; (ii) omitting the words " or of the funds of the committee, as the case may be "; (b) in subsection (2) by- (i) omitting the words " or of a committee "; (ii) omitting the words " or committee "; (c) in subsection ( 3) by omitting the words " or out of the funds of the committee , as the case may be "; (d) in subsection ( 5) by omitting the words " or into the funds of the committee , as the case may be "; (e) in subsection (7) by- (i) omitting the words " contribute to, or "; (ii) omitting the words " or of the committee , as the case may be ". 14. Section thirty- eight is amended- (a) in subsection ( 1). by omitting the words " or committee "; (b) in subsection ( 2) by omitting the words " or committee ". 15. The Second Schedule is repealed. 16. The Fourth Schedule is repealed. SECOND SCHEDULE [Section 6 (3)] RULES FOR THE CONDUCT OF ELECTIONS OF ZONAL REPRESENTATIVES BY COMMITTEES WITHIN A ZONE 1. Returning officer . At every election the secretary of the State Council shall by virtue of his office be the returning officer. 2. Roll of electors . (1) For the purpose of enabling the returning officer to compile a roll in respect of each zone of persons entitled to vote the secretary of every Committee within a zone shall furnish to the returning officer a list, certified as correct by writing under the hand of such secretary of the names and addresses of all the members of the Committee of which he is secretary.

Ambulance Services Act of 1967, No. 15 79 Every such secretary shall furnish such list,- (a) in the case of the election in respect of the first term of office of members of the State Council, when thereunto directed by the Minister; (b) in the case of an election in respect of subsequent terms of office, within fourteen days of receiving a request in that behalf by the returning officer; (c) in the case of an election to fill a casual vacancy, within fourteen days of receiving a request in that behalf by the returning officer. A secretary of a Committee who fails to furnish such a list in accordance with this rule commits an offence against this Act. (2) From the lists furnished to him under this rule the returning officer shall in respect of each zone compile a roll to show in alphabetical order and numbered consecutively the names of the persons entitled to vote in respect of that zone at the election and shall sign each such roll. Such roll signed as aforesaid shall be conclusive evidence of the entitlement of any person named therein to vote at such election. 3. Notice of dates of nomination and poll . Forthwith upon compiling such a roll the returning officer shall send by post to every person named therein a notice wherein- (a) he shall specify the dates respectively of nomination for and of taking the poll for the election; and (b) he shall require candidates for the election to be nominated as prescribed by these rules at the place named in such notice. In respect of every election the date for nomination shall be- (c) not less than ten nor more than twenty-one days after sending of such notices; and (d) not less than seven nor more than twenty-eight days before the date for taking the poll. 4. Nominations . (1) A person shall not be a candidate for an election for a member representative of a zone unless- (a) he is enrolled on a roll compiled in respect of that zone; (b) he is nominated as such a candidate by at least two persons other than himself who are likewise on such roll; (c) there is furnished to the returning officer at the place named in the notice prescribed by rule 3 of these rules before noon on the date for nomination, a nomination naming such person as a candidate for such election signed by the persons nominating him and endorsed under his signature with his consent to such nomination. (2) (a) If any candidate desires to retire from his candidature lie may, not less than seventy-two hours after the hour of noon on the day of nomination, deliver to the returning officer a notice signed by him that he retires from being a candidate for election. (b) The returning officer, on the receipt of such notice, shall omit the name of the retired candidate from the ballot-papers to be used at the election or, if any such papers have been printed, erase his name therefrom.

Ambulance Services Act of 1967, No. 15 95 Such remuneration shall not' in any case exceed the amount thereof which would have been paid to the employee so suspended had he not been suspended. (3) In the absence of the Chairman of the Committee, the Deputy Chairman of the Committee may exercise the powers and perform the duties imposed and invested on the Chairman pursuant to this section. 13. Employee of Committee not to accept additional remuneration. An employee of a Committee shall not seek or accept on account of anything done by virtue of his employment any fee or reward other than his remuneration allowed by the Committee. 14. Accounts and records of Committee . (1) A Committee shall provide and keep such books of account and records as are from time to time prescribed and shall cause to be entered in such books of account true and regular accounts in respect of the funds of the Committee. (2) At least once in each year, the Auditor-General shall audit the accounts of a Committee and shall have, with respect to such audit and accounts, all the powers and authorities conferred on him by " The Audit Acts, 1874 to 1966 " and shall report thereon. (3) 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 and shall compile such records and make such entries therein as the Auditor-General directs. A person shall not destroy or mutilate any book of account, agreement or record of a Committee except with the consent of the Auditor-General first had and obtained. 15. Committee to furnish returns. A Committee shall, as directed by the State Council, furnish to the State Council, in or to the effect of the form prescribed, a statement of receipts and disbursements for the last preceding financial year and such other information as the State Council may from time to time require. 16. (1) How contracts may be entered into . A Committee may enter into contracts, and every such contract may be made, varied, or discharged as follows, that is to say:- (a) any contract which, if made between natural persons, would by law be required to be in writing and under seal, may be made by the Committee in writing and under its seal, and may be varied or discharged in the same manner; (b) any contract which, if made between natural persons, would by law be required to be in writing signed by the parties to be charged therewith, may be made in writing signed by the Chairman of the Committee, or by any two members acting by the direction and on behalf of the Committee, and may be varied or discharged in the same manner; (c) any contract which, if made between natural persons, would by law be valid, although not reduced into writing, may be made without writing by the Chairman of the Committee or by any two members acting by the direction and on behalf of the Committee, and may be varied or discharged in the same manner. (2) Subject as is in this section provided, all contracts made according to the provisions contained in this section, shall be effectual in law and shall be binding on the Committee and all other parties thereto, their successors, executors, or administrators, as the case may be, and in

96 Ambulance Services Act of 1967, No. 15 case of default in the execution of any such contract either by the Committee or by any other party thereto such actions may be maintained thereon and such damages and costs recovered by or against the Committee or other party failing in the execution thereon as might have been maintained and recovered if the same contracts had been made between natural persons only. ( 3) Restriction as to hire - purchase and time - payment contracts. Notwithstanding anything contained in this Act or in any other Act, or law, or rule, or process of law to the contrary, a Committee shall not enter into a contract of the following nature, namely:- (a) a hire-purchase agreement within the meaning of " The Hire-purchase Act of 1959 "; (b) a contract of sale whereby the payment by the Committee for any plant, goods, material, or other property is spread over a period of time whereby such payment may be made by way of instalments; (c) in respect of the carrying out by any person on behalf of the Committee of any works or undertakings (other than works carried out by means of loans pursuant to this Act) a contract whereby the payment by the Committee for the carrying-out of such works or undertakings is spread over a period of time whereby such payments may be made by the Committee by way of instalments: Provided that nothing in this paragraph (c) shall prohibit the Committee from making any payment by way of a progress payment in respect of the part performance of any contract otherwise lawful under this Act, and notwithstanding that the carrying out of the work under any such contract extended beyond one year. A contract entered into by a Committee contrary to the provisions of this subsection shall be void and of no effect. If a Committee having entered into a contract which, by virtue of this subsection, is void and of no effect pays in respect of such contract any money, all the members of the Committee who consented to the contract shall be jointly and severally liable to repay the same to the Committee, and the same may be recovered from such members or any of them as money due and owing by such members to the Committee by action at the suit of the Minister in any court of competent jurisdiction. (4) Composition for breaches of contracts , &c. A Committee may, for such sum of money or other consideration as it thinks fit, compound with any person who has entered into a contract with the Committee (other than a contract which is, by virtue of this section, void and of no effect) or by or against whom any action or other proceeding may be or has been brought against or by the Committee for any cause whatsoever. (5) Notice calling for tenders . Except in a case of emergency, before a Committee enters into a contract for the execution of any work or the furnishing of any plant, goods, materials or other property to the value of five hundred dollars or upwards the Committee shall invite tenders in relation thereto. Such tenders may be invited- (a) by publication in a newspaper or newspapers of three weeks' notice of the Committee's intention to enter into such contract in which notice such tenders shall be invited; or

Ambulance Services Act of 1967, No. 15 97 (b) in such other manner as might reasonably be expected to ensure the receipt of a reasonable number of such tenders. The Committee may accept the tender which on a view of all the circumstances appears to it to be most advantageous, and may take security for the due performance of every such contract, or the Committee may decline to accept any of the tenders. (6) Sub-rule (5) of this rule does not apply with respect to a contract for the execution of any work or the furnishing of any plant, goods, materials or other property entered into by a Committee with a Department of the Government, a Crown corporation or instrumentality or a corporation or instrumentality representing the Crown, or any Hospitals Board, or to such a contract entered into by aCommittee with the State Stores Board or entered into by the State Stores Board for a Committee. 17. Security for performance of duties . Before any person who is to be entrusted with the custody or control of money received by or on behalf of a Committee by virtue of his employment by the Committee enters upon his office the Committee shall take out with the State Government Insurance Office (Queensland) or other insurer carrying on business in Queensland a bond in a sufficient amount as security for the faithful execution of his office by such person. 18. Failure by employee or ex-employee to render accounts, &c. (1) if any person when required by the Committee so to do, fails- (a) to render a true and correct account of moneys received by him on behalf of the Committee and of his dealing therewith; or (b) to produce and deliver up all vouchers and receipts relating to such moneys which vouchers or receipts, as the case may be, are in his possession or control; or (c) to pay to the Committee any amount of such moneys which he has not so paid; or (d) to deliver up to the Committee, or to a person appointed by the Committee to receive the same, all documents, property and things in his possession or control which relate to the Committee or the business of the Committee, within five days after such requisition a Magistrates Court may, upon complaint by the Chairman made in respect of such failure under " The Justices Acts, 1886 to 1965," order that such person comply with such requisition and in default of such person's complying with such requisition within a time to be specified by such court that he be imprisoned for a period not exceeding six months, Such proceedings shall be deemed to be a proceeding under " The Justices Acts, 1886 to 1965," and every such proceeding and every step to be taken in respect thereof or to enforce an order made therein shall be taken subject to and in accordance with those Acts. (2) Such a proceeding may be taken and any order therein made may be enforced against any person notwithstanding that he has ceased to be employed by the Committee concerned. (3) The rights of a Committee under a bond taken out by the Committee in relation to such a person shall not be prejudiced by any proceeding taken under this rule. 19. Committee ' s property protected from execution . The plant, vehicles, equipment and tools of a Committee shall not be liable to be seized or sold under a writ or warrant of execution or other process. 4

98 Ambulance Services Act of 1967, No. 15 SIXTH SCHEDULE [Section 301 RULES GOVERNING APPEALS AGAINST APPOINTMENTS AND PUNISHMENT 1. Unsuccessful applicants to be notified of appointment . As soon as practicable after an appointment has been made to a position of officer or employee which position is of a permanent and full-time nature in the Brigade provided by a Committee the secretary to such Committee shall notify every unsuccessful applicant, who is entitled by this Act to appeal against such appointment, of such appointment and shall specify in such notice- (a) the name of the appointee; (b) the date of such appointment; and (c) the particulars of the seniority of such appointee comparatively with that of such unsuccessful applicant. 2. Offender to be notified of punishment . As soon as practicable after an officer or employee who is entitled to appeal to an Appeal Board in respect of punishment for an offence against the rules imposed upon him by or on behalf of a Committee has been so punished the secretary to the Committee shall notify such officer or employee accordingly and shall specify in such notice the nature of the punishment. 3. Mode of appeal. (1) A person wishing to appeal against any appointment or punishment shall deliver to the secretary to the Committee concerned a notice of appeal in writing. (2) Every notice of appeal shall- (a) set forth clearly and concisely the grounds upon which such appeal is made; (b) state whether or not the appellant is a member of an industrial union of employees and, if he is such a member, the name of such union; and (c) be delivered to the secretary to the Committee concerned within fourteen days after the date on which the appellant is notified of such appointment or, as the case may be, punishment. 4. Duties of secretary to Committee . Upon receipt of a notice of appeal the secretary to the Committee shall forward the same to the Under Secretary of the Department administered by the Minister for submission to the Minister for the purpose of having an Appeal Board constituted to hear and determine such appeal and a secretary to such Appeal Board appointed. 5. Constitution of Appeal Board . (1) For the purpose of hearing an appeal there shall be constituted an Appeal Board which shall consist of-- (a) a Stipendiary Magistrate 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;

Ambulance Services Act of 1967, N o. 15 99 (b) a representative of the Committee concerned who shall be appointed by that Committee or, if that Committee fails to appoint such representative at least fourteen days before the date appointed for the hearing of the appeal, by the Minister; and (c) a representative of the appellant who shall be appointed- (i) if the appellant is a member of an industrial union of employees, by that union; (ii) if the appellant is not a member of an industrial union of employees, by such a union the membership of which the appellant is, in the opinion of the Minister, entitled to join by virtue of his employment with the Committee concerned; or (iii) if there is no such union of employees, or if such a union fails to appoint such representative at least fourteen days before the date appointed for the hearing of the appeal, by the Minister. In the case of appeals against an appointment an Appeal Board shall, wherever practicable, hear all appeals against one and the same appointment together. (2) When the appeals of two or more appellants against the same appointment are to be heard together such appellants together shall be entitled to one representative on the Appeal Board who shall be appointed as follows:- (a) if all the appellants are members of the same industrial union of employees, by that union; (b) in any other case, in such manner as the Minister may determine. 6. Chairman . The Stipendiary Magistrate appointed in relation to any appeal shall be Chairman of the Appeal Board. 7. Majority to decide . The powers and functions of an Appeal Board may be exercised by a majority of its members. 8. Secretary to Appeal Board . The Minister shall appoint a person to act as secretary to an Appeal Board. 9. Date of hearing . (1) The Chairman of an Appeal Board shall as soon as practicable after his appointment to that Board appoint a date for hearing the appeal concerned. (2) The secretary to an Appeal Board shall give to the Committee, the appellant and the industrial union of employees concerned (if any) not less than twenty-one clear days' notice of the date and time when and the place where such appeal will be heard. 10. Notice of appointment of representatives . (1) Not less than fourteen days before the date appointed for hearing an appeal- (a) the Committee concerned shall notify the secretary to the Appeal Board of the name and address of the person appointed by that Committee to represent it on such Appeal Board for the purposes of such appeal; and

100 Ambulance Services Act of 1967, No. 15 (b) the industrial union of employees thereunto authorized under or pursuant to rule 5 of these rules shall notify the secretary to the Appeal Board of the name and address of the person appointed by that union to represent the appellant on such Appeal Board for the purposes of such appeal. (2) Not less than seven days before the date appointed for hearing an appeal the Minister, in any case where, pursuant to rule 5 of these rules, he appoints a representative of a Committee or an appellant to an Appeal Board, shall notify the secretary to that Appeal Board of the name and address of the person so appointed. (3) If the representative of an appellant on an Appeal Board is an employee of the Committee concerned such Committee shall grant him leave of absence on full pay during the period he is occupied in acting on such Appeal Board. 11. Trivial or vexatious appeals. An Appeal Board may decline to hear an appeal the grounds of which are, in the opinion of the Appeal Board, trivial, frivolous or vexatious. 12. Withdrawal of appeal . An appellant may withdraw his appeal at any time before the Appeal Board constituted for the purpose of hearing such appeal has determined such appeal. An appellant shall notify the withdrawal of his appeal to the secretary to the Appeal Board. 13. Notice of witnesses required . The Committee concerned and every appellant shall furnish to the secretary to the Appeal Board a list of the persons the Committee and such appellant respectively require to be subpoenaed by the Chairman of the Appeal Board to give evidence at the hearing of the appeal: Provided that this rule shall not be construed to prejudice the right of the Committee or any appellant to call at any time any witness who can give evidence revelant to the business of the Appeal Board by means of subpoena issued by the Chairman of the Appeal Board or otherwise. 14. Leave of absence for witnesses , &c. The Committee concerned in an appeal shall grant leave of absence on full pay to any of its employees who are required to appear before the Appeal Board, as a witness or as an agent of an appellant, for the purpose of his performing the duty so required of him. 15. Relevant papers to be available to appellant . Before it proceeds to hear evidence in any appeal an Appeal Board shall ensure that all relevant papers and correspondence bearing upon the decision the subject of such appeal are read to or otherwise made available to the appellant for his use. This rule shall not be construed to require a Committee to make available to an appellant or an Appeal Board any papers, minutes or correspondence which the Minister directs should not be made available on the grounds of public policy.

Ambulance Services Act of 1967 , No. 15 101 16. Evidence taken in presence of appellant . Subject to this rule, an Appeal Board shall hear all evidence to be adduced before it on an appeal in the presence of the appellant. If an appellant fails to appear upon the hearing of an appeal the Appeal Board may either- (a) strike out the appeal of such appellant; or (b) hear and dispose of the appeal on such evidence as is available. 17. Record of proceedings . The secretary to an Appeal Board shall convene all meetings of such Appeal Board and shall keep a record of all proceedings and decisions of such Appeal Board in such manner as is prescribed. 18. Representation at appeals . In any proceeding before an Appeal Board the Committee concerned and every appellant may respectively be represented by counsel, or solicitor or by agent appointed in writing in that behalf who may examine and cross-examine witnesses and address the Appeal Board. 19. Duty of Appeal Board . (1) Subject to rule 11 of these rules an Appeal Board shall investigate every appeal in such a place and in such a manner that the public shall have access thereto and shall send its decision thereon to the secretary to the Committee concerned. (2) An Appeal Board shall conduct its investigation without regard to legal forms and solemnities and shall direct itself by the best evidence it can procure or which is adduced before it whether or not the same is such evidence as would be required or sufficient at law. (3) An Appeal Board may, by its decision, determine that the promotion, decision or recommendation, the subject of the appeal, be confirmed, set aside or varied in a manner specified by the Appeal Board. (4) (a) The decision of an Appeal Board shall be final and the Committee concerned and any other person concerned shall give effect thereto. (b) A writ of prohibition, mandamus or certiorari shall not be issued against an Appeal Board in relation to any appeal. (5) The provisions of " The Commissions of Inquiry Acts, 1950 to 1954," except such as are thereby confined in application to a Chairman of a commission who is a Judge of the Supreme Court shall apply to and in relation to an appeal and the right of an Appeal Board to hear an appeal and for this purpose an Appeal Board shall be deemed to be a commission within the meaning of those Acts. 20. Allowance and expenses of Committee ' s witness . (1) Upon the Chairman of an Appeal Board certifying in that behalf, the Committee concerned in an appeal shall pay an allowance to each witness not being an employee of such Committee, called by or on behalf of such Committee to give evidence before such Appeal Board. Such allowance shall be an amount equal to the amount of salary or wages lost by the witness concerned for the period during which he has been required to attend before such Appeal Board or, if such witness

102 Ambulance Services Act of 1967, No. 15 is not in receipt of salary or wages, an amount which, in the opinion of the Chairman of such Appeal Board, would be sufficient recompense taking into consideration the occupation of the witness and the time lost by him in such attendance. (2) The Chairman of an Appeal Board may allow to such a witness travelling expenses actually paid by such witness with respect to his attendance before such Appeal Board and his return to his place of residence but in no case exceeding an amount calculated at the rate of ten cents for every mile such witness resides from the place he is required to attend and the Committee concerned shall pay such expenses accordingly. 21. Allowance and expenses of appellant ' s witness . (1) Except as in this rule is otherwise provided, a Committee shall not be liable to pay any allowance or expense of a witness called by or on behalf of an appellant to give evidence before an Appeal Board. (2) When- (a) in the case of an appeal against an appointment, an Appeal Board upholds the appeal; or (b) in the case of an appeal against an imposition of punishment, an Appeal Board upholds the appeal on the ground that the offence by reason of which the punishment was imposed has not been proved, the Appeal Board may, subject to this rule, order that the Committee concerned pay to any witness called by or on behalf of the appellant whose appeal has been upheld- (i) an allowance to compensate such witness for the period during which he was required to attend before such Appeal Board; and (ii) travelling expenses actually paid by such witness with respect to his attendance before such Appeal Board and his return to his place of residence, if the Chairman of the Appeal Board is of opinion that the evidence of such witness was necessary to the investigation of the Appeal Board. The amount of such allowance shall be fixed by the Chairman of the Appeal Board but in no case shall it exceed the amount which would have been payable to such witness had he been called by or on behalf of the Committee concerned. The amount of such travelling expenses shall not exceed an amount calculated at the rate of ten cents for every mile such witness resides from the place he is required to attend. (3) The Committee concerned shall pay to the witness concerned the amount or amounts fixed pursuant to and in accordance with sub-rule 2 of this rule. 22. Claims to be submitted to Chairman of Appeal Board. If any witness before an Appeal Board wishes to claim for an allowance or travelling expenses or both payable under rules 20 or 21 of these rules he shall submit his claim to the secretary to the Appeal Board who shall submit the same to the Chairman of the Appeal Board for his certifications and fixing of the respective amounts thereof.

Ambulance Services Act of 1967, No. 15 103 23. Costs of appellant . When an Appeal Board upholds an appeal and is of opinion that the appellant should be entitled to his reasonable costs of such appeal the Chairman of the Appeal Board shall certify accordingly and shall fix the amount thereof. The Committee concerned shall pay to the appellant the amount of costs so fixed. 24. Committee to defray expenses . The Committee concerned in an appeal shall pay the expenses of the members of the Appeal Board, the secretary thereto, reporters (if any) and all other persons reasonably associated with the conduct of such appeal (other than any person engaged or employed for that purpose by the appellant). The Chairman of the Appeal Board shall certify the vouchers for such expenses and shall be responsible for the correctness thereof. 25. Seniority. (1) The respective seniorities of officers and employees employed by one and the same Committee shall be determined in accordance with this rule. (2) An employee of a Committee who has continuously served in the employment of such Committee for a longer period is senior to an employee of such Committee who has continuously served in the employment of such Committee for a less period: Provided that- (a) an employee of such Committee who holds a position which carries a higher maximum salary or wage is senior to an employee of such Committee who holds a position which carries a lower maximum salary or wage; and (b) in the case of two or more positions within the employment of such Committee carrying the same maximum salary or wage, an employee of such Committee who has continuously served in such a position for a longer period is senior to an employee of such Committee who has continuously served in such a position for a less period. (3) For the purpose of determining such seniorities only service in the employment of the Committee on a permanent and full-time basis shall be taken into account. (4) The service of an officer or employee in the employment of a Committee shall be deemed to have been continuous service notwithstanding that- (a) he has 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 has 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 (b) his service has been interrupted by his service with Her Majesty's Naval, Military or Air Forces other than a permanent such force. In this rule " permanent such force " does not include service as required by the National Service Act, 1951-1965 of the Commonwealth.

104 Ambulance Services Act of 1967, No. 15 26. Efficiency. In this Act the term " efficiency " means special qualifications and aptitude which in the opinion of 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.