Ambulance Transport Service (Amendment) Act 1956 (NSW)
AMBULANCE TRANSPORT SERVICE
(AMENDMENT) ACT.
Act No. 13, 1956.
An Act to provide for the reconstitution of the New South Wales Ambulance Transport Service Board; for this and certain other purposes to amend the Ambulance Trans- port Service Act, 1919, as amended by subsequent Acts; and for purposes connected therewith. [Assented to, 6th September, 1956.]
lative Council and Legislative Assembly of New South BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legis- Wales in Parliament assembled, and by the authority of
the same, as follows :—
1 . ( 1 ) This Act may be cited as the "Ambulance Transport Service (Amendment) Act, 1956", and shall be read and construed with the Ambulance Transport Ser vice Act, 1919, as amended by subsequent Acts.
(2) The Ambulance Transport Service Act, 1919, as amended by subsequent Acts, is in this Act referred to as the Principal Act.
(3) The Principal Act, as amended by this Act, may
be cited as the Ambulance Transport Service Act, 1919-
1956.
(4) This Act shall, except where otherwise ex pressly provided, commence upon a day to be appointed by the Governor and notified by proclamation publishe-u in the Gazette.
2. (1) Upon a day to be appointed by the Governor and notified by proclamation published in the Gazette (which day is in this Act referred to as the "appointed day" ) the New South Wales Ambulance Transport Ser vice Board shall be reconstituted and shall consist of twenty-one members who shall be appointed in accordance with section four of the Principal Act as re-enacted by this section.
(2) (a) Nothing contained in this scetion shall
prejudice or affect in any way the continuity of the body
| corporate constituted under the Principal Act but the | same shall continue notwithstanding- the provisions of |
| this section. | |
| (b) The said body corporate shall continue and shall be deemed always to have continued notwithstand ing that there are or have been at any time or times vacancies in the offices of all of the members of the body corporate or of any one or more of them. |
(3)
(3) The t e rm of office of .any member of the New
South Wales Ambulance T r a n s p o r t Service B o a r d —
(a)
who is in office at the commencement of this Act or who is appointed or elected af ter such commencement to fill a vacant office; and
(b)
who would, but for the provisions of this sub section, re t i re before the appointed day,
is hereby extended for a per iod expi r ing on the appointed
day .No appoin tment or election of a member of the New South Wales Ambulance T r a n s p o r t Service B o a r d other t h a n an appoin tment or election to fill a vacan t office shall be made or held unde r the P r inc ipa l Act between the commencement of this Act and the appoin ted day.
(4) (a) F o r the purpose only of the appoin tment of persons to he members of the New South Wales Ambulance T r a n s p o r t Service B oa r d as reconst i tu ted under th is section, and of any m a t t e r s necessary for or incidental to such appoin tment or reconst i tut ion the provis ions of subsection five of this section shall com mence upon the day upon which this Act commences.
(b) The persons so appoin ted shall assume the i r offices as members of the New South Wales Ambu lance T r a n s p o r t Service Board upon the appointed d a y ; and on tha t day the provis ions of subsection five of this section shall come into force for all purposes .
( 5 ) The P r inc ipa l Act is amended—• (a ) (i) by omit t ing from section two the definition
of " T h e b o a r d " and by inser t ing in lieu thereof the following definition:—
" B o a r d " means the New South Wales
Ambulance T r a n s p o r t Service
Boa rd const i tuted unde r this Act.
(ii)
(ii) by omitting the definition of "Life member" in the same section and by inserting in lieu thereof the following definition :—-
"Life member" means any person who immediately before the commence ment of the Ambulance Transport Service (Amendment) Act, 1956, was a life member, or who, after such commencement, contributes to the funds of the board or of any district committee a sum of not less than fifty pounds, or is appointed a life member under section fourteen.
| (b) | by omitting sections four, five, six, seven, eight, nine and ten and by inserting in lieu thereof the following sections:— | ||
| 4. (1) The board shall consist of twenty-one members who shall be appointed by the Gov | |||
|
(a)
three shall be nominated by the Minister, one of whom shall be the chairman of the board;
(b)
one shall bo nominated by the Saint John Ambulance Brigade (Overseas) New South Wales District;
(c)
one shall be nominated by the Saint John Ambulance Association, New South Wales Centre;
(d)
one shall be a qualified ambulance transport man nominated by the Hos pital Employees' Association of New South Wales;
(e)
two shall be nominated by the Ambu lance Superintendents Association;
(f)
one shall be the Superintendent of the Central District;
(g)
(g) two shall be elected by the Committee
of the Cent ra l Dis t r i c t ; (h) two shall be elected by the members of
dis t r ic t committees (o ther than the
Centra l Dis t r ic t Committee) the head
qua r t e r s of which a re s i tuated in the County of Cumber land ;
(i) two shall be elected by the members of distr ic t committees the headqua r t e r s of which a re s i tua ted in the County of Nor thumber l and ;
(j) two shall be elected by the members of
dis t r ic t committees the headqua r t e r s
of which a r e s i tuated in the N o r t h e r n Zone established under th is Ac t ;
(k) two shall be elected by the members of dis t r ic t committees the headqua r t e r s of which a re s i tuated in the Cent ra l Zone established under this Ac t ; (1) two shall be elected by the members of distr ict committees the h e a d q u a r t e r s of which a re s i tua ted in the Southern Zone established under this Act .
No person shall be enti t led to be elected p u r s u a n t to p a r a g r a p h (g ) , (h ) , ( i ) , ( j ) , (k) or (1) of this subsection unless he is a member of a dis t r ic t committee to which the said p a r a g r a p h
(g ) , (h ) , ( i ) , ( j ) , (k) or (1) respectively
applies .
( 2 ) (a) The members re fe r red to in
p a r a g r a p h s (a) to (f) inclusive of subsection one of this section a re in this Act re fe r red to
as " a p p o i n t e d m e m b e r s " .
(b) The members re fe r red to in
p a r a g r a p h s (g) to (1) inclusive of subsection one of this section are in this Act re fe r red to
as "e lec ted m e m b e r s " .
(3)
(3) No person who is an employee of a district committee shall be eligible for appoint ment as a member of the board pursuant to paragraph (a), (c), (g), (h), (i), (j), (k) or (1) of subsection one of this section.
5. (1) (a) Nominations of members pursuant to paragraphs (b), (c), (d) and (e) of sub section one of section four of this Act shall be made within the times prescribed.
(b) Elections of members pursuant to paragraphs (g) to (1) inclusive of subsection one of section four of this Act shall be held and conducted in the prescribed manner and within the times prescribed.
(2) If any nomination is not duly made pursuant to paragraph (b), (c), (d) or (e) of subsection one of section four of this Act or if any person is not duly elected pursuant to paragraph (g), (h), (i), (j), (k) or (1) of the said subsection the Governor may appoint a member who shall be deemed to have been duly nominated or elected pursuant to that para graph in respect of which such nomination or election has not been made.
G. The members of the board shall, subject to this Act, hold office for a period of three years and shall be eligible for re-appointment.
7. The provisions of the Public Service Act,
1902, or of any Act amending that Act, shall notapply to the appointment of members of the
board, and such members shall not in their capacity as members of the board be subject
to the provisions of any such Act.8. (1) The chairman, when present, shall preside at all meetings of the board.
In the absence of the chairman from any meet ing, another member chosen for the purpose by the majority of members present and voting shall preside.
(2)
(2) The person pres id ing a t any meet ing of the board shall have a cas t ing vote as well as a del iberat ive vote.
(3) Ten members of the board shall be a
quorum.
9. (1) A member shall be deemed to have vacated his office if he—
(a) d ies ; or
(b) resigns his office by writing under his hand addressed to the secre tary of the
b o a r d ; or (c) becomes an insane pe r son or pa t i en t or an incapable person within the meaning of the Lunacy Act of 1898, as amended by subsequent A c t s ; or (d) is absent without the leave of the board from three consecutive meet ings
of the b o a r d ; or (e) is removed from office by the Governor; or (f)
being a member appoin ted p u r s u a n t to p a r a g r a p h ( a ) , (c) , ( g ) , ( h ) , ( i ) , ( j ) , (k) or (1) of subsection one of section four of this Act, becomes an employee
of a dis t r ic t commit tee ; or (g)
being a member appoin ted p u r s u a n t to p a r a g r a p h (g ) , ( h ) , ( i ) , ( j ) , (k) or (1)
of subsection one of section four of th is Act ceases to be a member of a dis t r ic t committee to which the said p a r a g r a p h (g) , (h), (i) , (j) , (k) or (l) respect ively app l i e s :
P rov ided t h a t any vacat ion of office p u r s u a n t to p a r a g r a p h (g) of th i s subsection shall take effect as from the ann ive r sa ry of the appoint m e n t of the member next following his ceasing to be a member of such dis t r ic t committee.
( 2 )
(2) The Governor may, for any cause which appears to him sufficient, suspend or remove any member from office.
(3) Where a vacancy occurs in the office of an appointed member such vacancy shall be filled in the same manner in all respects as if the vacancy occurred by reason of the expiration of the term of office of such appointed member.
(4) Where a vacancy occurs in the office of an elected member such vacancy shall be filled in the same manner in all respects as if the vacancy occurred by reason of the expira tion of the term of office of such elected member:
Provided that where the vacancy occurs within the last six months of the term of office of an elected member, the Minister may order that such vacancy shall not be filled.
(5) The member filling any vacancy
pursuant to subsection three or four of this section shall, subject to this Act, hold office as a member until the time when his predecessor's term of office would have expired, and shall be eligible for re-appointment.
10. (1 ) No act or proceeding of the board shall be invalidated or prejudiced by reason only of the fact that at the time when such act or proceeding was done, taken or commenced there was a vacancy in the office of any
member. (2) All acts and proceedings of the board shall, notwithstanding the subsequent discovery of any defect in the appointment or election of any member thereof, or that any member was disqualified to act, be as valid as if such member had been duly appointed or elected and was qualified to act and had acted as a member of the board, and as if the board had been properly and fully constituted.
3 . (1) The Pr inc ipa l Act is fur ther amended—
(a) by inserting next after section thirteen the following new sect ion:— 13A. F o r the purposes of the reconst i tut ion of the board in accordance with the provis ions of section two of the Ambulance T r a n s p o r t Service (Amendment ) Act, 1956, the board shall, within th ree months from the commencement of the said Act, recommend to the Minis ter the dis t r ic ts , the headqua r t e r s of which a re s i tuated outside the Counties of Cumber land and Nor th umberland, which should be comprised within zones to be known as the N o r t h e r n Zone, the Cent ra l Zone and the Southern Zone.
E a c h of such zones shall, as far as is pract ic able, comprise an equal number of dis t r ic ts .
The Min i s t e r ' s approva l of the b o a r d ' s
recommendat ion shall be sufficient au thor i ty for the es tabl ishment of the said zones and the zones so established shall be the Nor the rn , Cent ra l and Southern Zones for the purposes of p a r a g r a p h s ( j ) , (k) and (1) respectively of subsection one of section four of th is Act as re-enacted by the Ambulance T r a n s p o r t Service (Amendment) Act, 1956.
The zones first established under this section
m a y be a l te red f rom t ime to t ime by the Minis ter on the recommendat ion of the boa rd and the zones as so a l te red shall for the t ime being be the Nor the rn , Cent ra l and Sou the rn Zones for the purposes aforesa id . (b)
by omitting from subsection one of section sixteen the words " a n y of the ambulance br igades ment ioned in section four of th is A c t " and by inser t ing in lieu thereof the words " t h e
Civil
Civil Ambulance Transport Brigade, the Canterbury District Ambulance Brigade or the Newtown and District Ambulance Transport Br igade" ;
(c) by omitting from section eighteen the words "of the board in accordance with regulations made under this Act and in accordance with such by-laws as may be made by such district committee with the approval of the board" and by inserting in lieu thereof the words "and direction of the board"; (d) by inserting next after section eighteen the: following new sections:— 18A. (1) The administration and manage ment of each district committee shall be inquired into, and the ambulance stations, plant, equipment, vehicles, books, documents and accounts of each district committee shall be inspected, from time to time, by the board or such members or officers of the board as may be authorised in that behalf by the board in writing under its. seal.
A district committee and the officers and servants of a district committee in respect of which any inquiry or inspection as aforesaid is being conducted or made shall, when so required by the board or members or officers of the board conducting or making such inquiry or inspection, give such assistance and information as the
connection with or appertaining to such inquiry board or members or officers may require in or inspection. (2) For the purpose of conducting any inquiry under this section the members or officers of the board conducting the inquiry and the person presiding at any such inquiry shall if the Minister so approves have the powers, authorities, protections and immunities
conferred
conferred by the Royal Commissions Acts , 1923-1934, on commissioners and the cha i rman of a commission respectively appointed under Division 1 of P a r t I I of t h a t Act , and the said Act , section th i r teen and Division 2 of P a r t I I excepted, shall, muta t i s mutandis , apply to any witness summoned by or appear ing before such members or officers of the board.
(3) W h e r e members or officers of the board, author ised in tha t behalf by the board, conduct an inquiry or make an inspection under this section such members or officers shall upon the completion of such inquiry or inspection furnish to the boa rd a r epor t and recommenda tion thereon and a certified copy of any evidence taken thereat . The decision of the board shall, where an inquiry has been conducted or an inspection has been made by members or officers of the board, be given af ter considerat ion of such repor t , recommendat ion and evidence.
(4) I n any case where the decision of the board upon any inquiry conducted or inspection made by the board or members or officers of the board under this section includes a direction t ha t a dis t r ic t committee should take any action affecting i ts adminis t ra t ion or management the dis t r ic t committee shall, upon being notified of the b o a r d ' s decision, take such action in accordance wi th such direction.
(5) A n y person who obstructs or h inders
the boa rd or any member or officer thereof in
the per formance of any du ty imposed or the exercise of any power conferred by this section shall be gui l ty of an offence aga ins t this Act and shall upon conviction before a s t ipendiary mag i s t r a t e or any two just ices in pe t ty sessions be liable to a penal ty not exceeding fifty pounds.
18B. (1) W h e r e the board, af ter an inqui ry
has been conducted or inspection has been made
in accordance with section 18A of this Act, has
decided
decided that a district committee or any members thereof has or have been guilty of misconduct in the administration and manage ment of the district committee in respect of which such inquiry has been conducted or inspection has been made or where a district committee has failed to take any action affecting its administration or management in accordance with any direction of the board under section 18A of this Act the Governor may. on the recommendation of the board, by proclamation published in the Gazette—
(a) remove all or any of the members of such district committee from office, and (b) authorise an election of or appoint the requisite number of members of such district committee or appoint the board or such other person as the board may nominate to be administrator of the business and operations of the district of such district committee.
(2) The administrator so appointed shall in respect of the business and operations of the district for which such administrator is appointed have the powers, authorities, duties and functions of the district committee.
paragraph (b) of subsection one of this section a member of a district committee pursuant to (3) Any person elected or appointed as
shall hold office for such term as the Governor
may determine.(4) At any time after the appointment of an administrator pursuant to paragraph (b) of subsection one of this section the Governor may, by proclamation published in the Gazette,
authorise
authorise the election of a new district com- mittee on a day appointed in such proclamation. Such new district committee shall hold office for such term as the Governor may determine.
(5) Upon the election of such new district committee or upon the termination of office of an administrator appointed under paragraph (b) of subsection one of this section the powers, authorities, duties and functions of the administrator of the district in respect of which such election has been held or whose appointment has been terminated, as the case may be, shall cease.
(2) The amendment made by paragraph (b) of subsection one of this section shall be deemed to have commenced upon the twenty-fourth day of December, one thousand nine hundred and twenty-four.
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