Non-Emergency Patient Transport Amendment Act 2021 (Vic)

Non-Emergency Patient Transport Amendment Act 2021

No. 29 of 2021

table of provisions

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

3Principal Act

4Change of title of Act

5Amendment of purposes

6Definitions

7New section 4A inserted

Part 2—Amendments relating to non‑emergency patient transport service licences

8Offence to operate a non-emergency patient transport service without a licence

9Offence to claim licence holder or accreditation status

10New section 6A inserted

11Matters the Secretary must consider in deciding whether or not to grant an approval in principle

12Time limit for making decision on an application for approval in principle

13Transfer or variation of certificate of approval in principle

14Application for a non-emergency patient transport service licence

15Matters the Secretary must consider in deciding whether or not to grant a licence

16Time limit for making decision on an application for the grant of licence

17Conditions on licences

18Matters the Secretary must consider in deciding whether or not to renew a licence

19New sections 23A to 23D inserted

20Application to vary a licence

21Section 27 substituted

22Division 4 of Part 2 substituted

23Divisions 5 and 6 of Part 2 substituted

Part 3—Amendments relating to first aid services

24New Part 2A inserted

Part 4—Further amendment of the Non‑Emergency Patient Transport Act 2003

25Review by VCAT

26Production of vehicles or documents for inspection

27Self-incrimination

28Offences relating to inspection

29Part 5—Infringement notices—repealed

30Substitution of heading to Part 6

31New Divisions of Part 6 inserted

32Regulations

Part 5—Transitional provisions

33New Part 7 inserted

Part 6—Consequential amendment of other Acts

Division 1—Amendment of Ambulance Services Act 1986

34Regulations

Division 2—Amendment of Commercial Passenger Vehicle Industry Act 2017

35Meaning of commercial passenger vehicle service

Division 3—Amendment of Health Services Act 1988

36Definitions

Division 4—Amendment of Medical Treatment Planning and Decisions Act 2016

37Definitions

Division 5—Amendment of Severe Substance Dependence Treatment Act 2010

38Detention and treatment order

39Apprehension

Part 7—Repeal of this Act

40Repeal of this Act

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Endnotes

1      General information

Non-Emergency Patient Transport Amendment Act 2021

No. 29 of 2021

[Assented to 10 August 2021]

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purposes

The purposes of this Act are—

(a)to amend the Non-Emergency Patient Transport Act 2003—

(i)to provide for the licensing and regulation of certain first aid service providers; and

(ii)to further provide for the licensing and regulation of non-emergency patient transport to or from medical services; and

(iii)to abolish the accreditation scheme for licence holders who operate stand-by services; and

(iv)to increase penalties for certain offences and to introduce new offences; and

(b)to make consequential and related amendments to the Non-Emergency Patient Transport Act 2003 and other Acts.

2Commencement

(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2)If a provision of this Act does not come into operation before 30 September 2021, it comes into operation on that day.

3Principal Act

In this Act, the Non-Emergency Patient Transport Act 2003 is called the Principal Act.

4Change of title of Act

In the title to the Principal Act, after "Patient Transport" insert "and First Aid Services".

5Amendment of purposes

(1)For section 1(a), (b), (c) and (d) of the Principal Act substitute—

"(a)to promote—

(i)the safe provision of non-emergency patient transport services and first aid services; and

(ii)appropriate quality of care of patients in the provision of non-emergency patient transport services and first aid services; and

(b)to provide for a licensing system for non-emergency patient transport services and first aid services and to otherwise regulate those services; and".

6Definitions

(1)In section 3 of the Principal Act insert the following definitions—

"allied health service means a service that provides one or more of the following—

(a)diagnostic services;

(b)technical services;

(c)therapeutic services;

approved accreditation scheme means an accreditation scheme approved under section 63C;

approved standards means any standards approved under section 63B;

clinical governance arrangements, in relation to a non-emergency patient transport service or a first aid service provided or to be provided under a licence under this Act, means arrangements—

(a)that set—

(i)the scope of the clinical practice of the service; and

(ii)the scope of the clinical practice of the clinical staff of the service and the levels of qualifications, competence and training required to undertake that clinical practice; and

(b)for ensuring that the clinical staff of the service do not work beyond their level of qualification, competence and training;

clinical staff means the persons that provide specialist clinical care or monitoring, first aid, transport or other medical assistance to patients of the service operated by the holder of a Part 2 licence or a Part 2A licence, and includes the following—

(a)a person employed or engaged by the licence holder to provide that care, monitoring, first aid, transport or assistance;

(b)a person subcontracted by a person referred to in paragraph (a) to provide that care, monitoring, first aid, transport or assistance;

(c)a person who has been supplied to the licence holder by a labour hire service to provide that care, monitoring, first aid, transport or assistance;

(d)a person who works under the direction or control of the licence holder to provide that care, monitoring, first aid, transport or assistance on a voluntary basis, without remuneration or reward;

day procedure centre has the same meaning as in the Health Services Act 1988;

first aid means aid of a medical nature provided to a person experiencing sudden illness or injury;

first aid service means a service of offering or providing first aid in exchange for payment;

first aid service licence means a licence under Part 2A;

hospital means a public hospital, a private hospital or a day procedure centre;

life saving club means a club formed for purposes connected with the patrolling of any part of the coastline of Victoria by persons for the purpose of assisting other persons in difficulty in water;

Life Saving Victoria means Life Saving Victoria Limited ABN 21 102 927 364;

management and staffing arrangements, in relation to a non-emergency patient transport service or a first aid service provided or to be provided under a licence under this Act, means arrangements—

(a)for establishing and maintaining a quality of service, including, but not limited to, establishing and maintaining procedures and practices for ensuring that the services provided to patients are safe and of an appropriate quality at all times; and

(b)providing for checks—

(i)to ensure that any person who is required to be a fit and proper person for the purposes of the service under this Act is such a person; and

(ii)as to the criminal history of persons who are providing or who will provide the service; and

(iii)as to the qualifications and levels of competence and training of persons who are providing or who will provide the service; and

(c)for establishing and maintaining procedures and practices for ensuring that the occupational health and safety requirements for persons providing the service are complied with;

medical clinic means premises at which clinical consultation is undertaken, other than a hospital or a day procedure centre that is registered as a health service establishment under the Health Services Act 1988;

Part 2 licence means a non-emergency patient transport service licence;

Part 2A licence means a first aid service licence;

private hospital has the same meaning as in the Health Services Act 1988;

staff, in relation to a service operated by the holder of a Part 2 licence or a Part 2A licence, includes the following—

(a)a person employed or engaged by the licence holder to work for that service;

(b)a person subcontracted by a person referred to in paragraph (a) to work for that service;

(c)a person who has been supplied to the licence holder by a labour hire service to work for that service;

(d)a person who works for that service on a voluntary basis under the direction or control of the licence holder, without remuneration or reward;

volunteer first aid association means a group of individuals working together for one or more community purposes that—

(a)offers or provides first aid in the course of its work; and

(b)does not charge or expect payment or financial reward for the offer or provision of first aid in any circumstances.".

(2)In section 3 of the Principal Act the definition of stand-by service accreditation is repealed.

(3)In section 3 of the Principal Act, in the definition of non-emergency patient transport service, for "provides for" substitute "provides, in exchange for payment, for".

(4)In section 3 of the Principal Act, for the definition of non-emergency patient transport service licence substitute—

"non-emergency patient transport service licence means a licence under Part 2;".

(5)In section 3 of the Principal Act, in the definition of vehicle, for "services." substitute "services;".

7New section 4A inserted

After section 4 of the Principal Act insert—

"4A   Objectives

The objectives of this Act are to ensure that—

(a)the holders of non-emergency patient transport service licences—

(i)provide non-emergency patient transport services that are safe and of an appropriate quality and that give priority to the needs of the persons to whom the services are provided; and

(ii)foster continuous improvement in the quality and safety of the non‑emergency patient transport services they provide; and

(iii)maintain suitable clinical governance arrangements and management and staffing arrangements in the non-emergency patient transport services they provide; and

(b)the holders of first aid service licences—

(i)provide first aid services that are safe and of an appropriate quality and that give priority to the needs of the persons to whom the services are provided; and

(ii)foster continuous improvement in the quality and safety of the first aid services they provide; and

(iii)maintain suitable clinical governance arrangements and management and staffing arrangements in the first aid services they provide.".

Part 2—Amendments relating to non‑emergency patient transport service licences

8Offence to operate a non-emergency patient transport service without a licence

(1)For the penalty at the foot of section 5(1) of the Principal Act substitute—

"Penalty:In the case of a natural person, 60 penalty units;

In the case of a body corporate, 240 penalty units.".

(2)In section 5(3) of the Principal Act, after "by Order" insert "published in the Government Gazette".

9Offence to claim licence holder or accreditation status

(1)In the heading to section 6 of the Principal Act, for "licence holder or accreditation status" substitute "non-emergency patient transport service licence holder status".

(2)For the penalty at the foot of section 6(1) of the Principal Act substitute—

"Penalty:60 penalty units."

(3)Section 6(2) of the Principal Act is repealed.

(4)Section 6(3) of the Principal Act is repealed.

10New section 6A inserted

After section 6 of the Principal Act insert—

"6A   Offence not to ensure provision of a safe service

The holder of a non-emergency patient transport service licence must ensure that the non-emergency patient transport service provided under the licence—

(a)is safe; and

(b)is of an appropriate quality; and

(c)gives priority to the needs of the persons provided with the service.

Penalty:In the case of a natural person, 60 penalty units;

In the case of a body corporate, 240 penalty units.".

11Matters the Secretary must consider in deciding whether or not to grant an approval in principle

(1)For section 9(1) of the Principal Act substitute—

"(1)The Secretary must not grant an approval in principle to operate a non-emergency patient transport service unless the Secretary is satisfied that—

(a)if the applicant is an individual, the applicant is a fit and proper person; and

(b)if the applicant is a body corporate, each director and officer of the body corporate who does or may exercise control over the service is a fit and proper person; and

(c)the applicant has established suitable clinical governance arrangements and management and staffing arrangements for the service; and

(d)the equipment and vehicles to be used by the service are suitable.".

(2)After section 9(2) of the Principal Act insert—

"(3)In determining whether or not to grant an approval in principle under subsection (1), the Secretary may consider the following matters if the applicant is or has been associated with the operator of another non‑emergency patient transport service—

(a)the extent and nature of the applicant's involvement in the other non‑emergency patient transport service;

(b)the number of complaints, if any, made by or on behalf of patients against the other non-emergency patient transport service within the previous 3 years, and how those complaints have been dealt with;

(c)the financial management of the other non-emergency patient transport service;

(d)whether the other non-emergency patient transport service has been operated in accordance with—

(i)this Act; and

(ii)regulations made under this Act; and

(iii)if the operator of the other non‑emergency patient transport service is or has been licensed under this Act, any conditions on that licence; and

(iv)any other law relating to or affecting the operation of a non-emergency patient transport service;

(e)whether the applicant has been found guilty of an offence against this Act or regulations made under this Act in relation to the other non-emergency patient transport service.

(4)For the purpose of subsection (3), an applicant is or has been associated with the operator of another non-emergency patient transport service if—

(a)the applicant is an individual and is or has been—

(i)the licence holder for or operator of the other non-emergency patient transport service; or

(ii)a director or officer of a body corporate that is or has been—

(A)the licence holder for the other non-emergency patient transport service; or

(B)the operator of the other non‑emergency patient transport service, if the director or officer has exercised control over the body corporate; or

(b)the applicant is a body corporate and a director or officer of the applicant is or has been—

(i)the operator of the other non-emergency patient transport service; or

(ii)a director or officer of a body corporate that operates or has operated the other non-emergency patient transport service, if the director or officer has exercised control over the other body corporate.

(5)The Secretary, by written notice to the applicant, may require the applicant to give the Secretary any further information or document the Secretary reasonably requires to determine the application, within a reasonable time specified in the notice.".

12Time limit for making decision on an application for approval in principle

For section 10 of the Principal Act substitute—

"10   Time limit for making decision on an application for approval in principle

The Secretary must make a decision under section 7 and give notice in writing of the decision to the applicant under section 8—

(a)if paragraph (b) does not apply, within 60 days after receiving the application; or

(b)if the Secretary has requested further information from the applicant, within 28 days after the information last requested is given to the Secretary.".

13Transfer or variation of certificate of approval in principle

Section 12(3) of the Principal Act is repealed.

14Application for a non-emergency patient transport service licence

(1)In section 14(2)(b) of the Principal Act, for "fee; and" substitute "fee.".

(2)Section 14(2)(c) of the Principal Act is repealed.

15Matters the Secretary must consider in deciding whether or not to grant a licence

(1)For the heading to section 15 of the Principal Act substitute—

"Considerations for the Secretary in granting a licence under this Part".

(2)For section 15(1) and (2) of the Principal Act substitute—

"(1)The Secretary must not grant a non‑emergency patient transport service licence unless the Secretary is satisfied that—

(a)if the applicant is an individual, the applicant is a fit and proper person; and

(b)if the applicant is a body corporate, each director and officer of the body corporate who does or may exercise control over the service is a fit and proper person.

(2)In deciding whether or not to grant a licence, the Secretary must consider—

(a)the suitability of the equipment and vehicles to be used in the service for which the licence is to be granted; and

(b)the suitability of the clinical governance arrangements and management and staffing arrangements for the service and the compliance of those arrangements with regulations made under this Act and any approved standards; and

(c)whether the arrangements for the care to be provided by the service to patients are such that the service will be safe and of an appropriate quality; and

(d)the suitability of the arrangements for recording, monitoring and reviewing the clinical governance arrangements and management and staffing arrangements for the service; and

(e)whether the service has complied with any conditions to which the approval in principle is subject; and

(f)if the applicant is a body corporate, whether the body corporate is of sound financial reputation and stable financial background.

(2A)The Secretary, by written notice to the applicant, may require the applicant to give the Secretary any further information or document the Secretary reasonably requires to determine the application, within a reasonable time specified in the notice.".

16Time limit for making decision on an application for the grant of licence

For section 16 of the Principal Act substitute—

"16   Time limit for making decision on an application for the grant of licence

The Secretary must make a decision under section 13 and give notice in writing of the decision to the applicant under section 14—

(a)if paragraph (b) does not apply, within 60 days after receiving the application; or

(b)if the Secretary has requested further information from the applicant, within 28 days after the information last requested is given to the Secretary.".

17Conditions on licences

For the penalty at the foot of section 17(2) of the Principal Act substitute—

"Penalty:In the case of a natural person, 60 penalty units;

In the case of a body corporate, 240 penalty units.".

18Matters the Secretary must consider in deciding whether or not to renew a licence

(1)For section 22(1) of the Principal Act substitute—

"(1)The Secretary must not renew a non-emergency patient transport service licence unless the Secretary is satisfied that—

(a)if the applicant is an individual, the applicant is a fit and proper person; and

(b)if the applicant is a body corporate, each director and officer of the body corporate who does or may exercise control over the service is a fit and proper person; and

(c)the care provided by the service to patients is safe and of an appropriate quality.".

(2)For section 22(2) of the Principal Act substitute—

"(2)In determining whether or not to renew a licence under subsection (1), the Secretary must consider—

(a)the suitability of the clinical governance arrangements and management and staffing arrangements for the service and the compliance of those arrangements with the regulations and any approved standards; and

(b)whether the service has been operated in accordance with—

(i)this Act; and

(ii)regulations made under this Act; and

(iii)any approved standards; and

(iv)any other law relating to or affecting the operation of the non‑emergency patient transport service; and

(v)any conditions to which the licence is subject; and

(c)if the applicant is a body corporate, whether the body corporate is of sound financial reputation and stable financial background.".

19New sections 23A to 23D inserted

After section 23 of the Principal Act insert—

"23A   Application to transfer a licence

(1)The holder of a non-emergency patient transport service licence may apply to the Secretary for the transfer of the non‑emergency patient transport service licence to another person named in the application (the proposed transferee).

(2)An application under subsection (1) must—

(a)include any prescribed information; and

(b)be accompanied by the prescribed fee; and

(c)be signed by both the holder of the licence and the proposed transferee.

(3)The Secretary, by written notice to the holder of the non-emergency patient transport service licence and the proposed transferee, may require either or both of them to give the Secretary any further information or document the Secretary reasonably requires to determine the application, within a reasonable time specified in the notice.

23BApproval of transfer of non-emergency patient transport service licence

(1)The Secretary may approve the transfer of a non-emergency patient transport service licence.

(2)The Secretary must not approve a transfer under subsection (1) unless the Secretary is satisfied that—

(a)if the proposed transferee is an individual, the proposed transferee is a fit and proper person; and

(b)if the proposed transferee is a body corporate, each director and officer of the body corporate who does or may exercise control over the service is a fit and proper person; and

(c)the arrangements for the care to be provided by the transferred service to patients are such that the care will be safe and of an appropriate quality.

(3)In determining whether or not to approve a transfer under subsection (1), the Secretary must consider the following matters—

(a)the suitability of the equipment and vehicles to be used in the service;

(b)the suitability of the clinical governance arrangements and management and staffing arrangements for the service and the compliance of those arrangements with regulations made under this Act and any approved standards;

(c)the suitability of the arrangements for recording, monitoring and reviewing the clinical governance arrangements and management and staffing arrangements for the service;

(d)if the proposed transferee is a body corporate, whether the body corporate is of sound financial reputation and stable financial background.

23CTime limit for making decision on application to transfer licence

The Secretary must make a decision under section 23B and give notice in writing of the decision to the applicant under section 23A—

(a)if paragraph (b) does not apply, within 60 days after receiving the transfer application; or

(b)if the Secretary has requested further information from the holder of the non-emergency patient transport service licence or proposed transferee, within 28 days after the information last requested is given to the Secretary.

23DDuration of transferred licence

If the Secretary approves an application under section 23A, the non-emergency patient transport service licence continues in force for the remainder of the period specified in the licence.".

20Application to vary a licence

After section 26(3) of the Principal Act insert—

"(4)In the case of an application under subsection (1) to vary the licence to include additional vehicles that will be used to operate a non-emergency patient transport service, the applicant must demonstrate that—

(a)the additional vehicles have been purchased by the applicant; and

(b)the additional vehicles comply with regulations made under this Act.".

21Section 27 substituted

For section 27 of the Principal Act substitute—

"27   Matters the Secretary must consider in deciding on certain applications for variation

(1)The Secretary must not grant an application under section 26 to enable the licence holder to operate an additional class or additional classes of service under the licence unless the Secretary is satisfied that the applicant has demonstrated—

(a)that the arrangements for the care provided by the additional class or classes of service to patients is such that the care will be safe and of an appropriate quality; and

(b)that the clinical governance arrangements and management and staffing arrangements for the operation of the additional class or classes of service are suitable; and

(c)that the arrangements for recording, monitoring and reviewing the clinical governance arrangements and the management and staffing arrangements for the additional class or classes of service are suitable.

(2)The Secretary, by written notice to the applicant, may require the applicant to give the Secretary any further information or document the Secretary reasonably requires to determine the application, within a reasonable time specified in the notice.".

22Division 4 of Part 2 substituted

For Division 4 of Part 2 of the Principal Act substitute—

"Division 4—Surrender and suspension of non-emergency patient transport service licences

Subdivision 1—Surrender of non‑emergency patient transport service licence

30Surrender of non-emergency patient transport service licence

(1)The holder of a non-emergency patient transport service licence may surrender that licence to the Secretary for cancellation.

(2)If a licence is surrendered under subsection (1)—

(a)the Secretary must cancel the licence; and

(b)the holder must produce the licence certificate to the Secretary for cancellation.

Subdivision 2—Immediate suspension of non-emergency patient transport service licence

31Immediate suspension of non-emergency patient transport service licence where serious risk to health or safety

(1)The Secretary may immediately suspend a non-emergency patient transport service licence as to all or any classes of non‑emergency patient transport specified in the licence if the Secretary reasonably believes the licence holder is providing the service in a manner that poses a serious risk to patient health or safety.

(2)As soon as the Secretary suspends the licence the Secretary must give notice of the suspension to the holder of the licence.

(3)A notice under subsection (2) must set out—

(a)the reason for the suspension; and

(b)whether the licence has been fully or partly suspended and if the licence has been partly suspended, the class or classes of non-emergency patient transport for which the licence has been suspended; and

(c)the period of the suspension, which must be not more than 6 months; and

(d)that the licence holder may, within 30 days after the notice is given, give the Secretary a written response to the proposed suspension.

(4)If a non-emergency patient transport service licence is suspended in respect of a class or classes of non-emergency patient transport specified in the licence, but not all of the classes of transport so specified, the licence continues to authorise the provision of the class or classes of transport in respect of which the licence has not been suspended.

32Licence holder may give written response to notice of suspension of licence

A licence holder who is given a notice under section 31(2) may, within 30 days after the notice is given, give the Secretary a written response to the suspension.

33Review of suspension

(1)The Secretary must review a suspension under section 31 after the expiry of the 30 day period referred to in section 32.

(2)In reviewing a suspension under section 31, the Secretary must have regard to any written response by the licence holder given to the Secretary within the 30 day period.

34Powers of Secretary on review of suspension

After reviewing the suspension under section 33, the Secretary may decide to—

(a)revoke the suspension; or

(b)continue the suspension for the period specified; or

(c)give notice under Division 4A that the Secretary proposes to cancel the licence.

Subdivision 3—Suspension of non‑emergency patient transport service licence with notice

35Notice before suspension

(1)If the Secretary is considering the suspension under section 37 of a non-emergency patient transport service licence as to all or any of the class or classes of non-emergency patient transport provided under the licence, before imposing the suspension, the Secretary must first give the licence holder notice of the proposal.

(2)A notice under subsection (1) must state—

(a)that the Secretary proposes to suspend the licence; and

(b)the proposed period of suspension; and

(c)the reasons for the proposed suspension; and

(d)that the licence holder may, within 30 days after the notice is given, give the Secretary a written response to the proposed suspension.

36Licence holder may give written response to proposal to suspend licence

A licence holder who is given a notice under section 35(1) may, within 30 days after the notice is given, give the Secretary a written response to the proposed suspension.

37Suspension of non-emergency patient transport service licence

(1)The Secretary may suspend a non-emergency patient transport service licence as to all or any classes of non-emergency patient transport specified in the licence.

(2)Before imposing a suspension under this section, the Secretary must consider any written response given by the licence holder under section 36 within the period specified in that section.

(3)The Secretary must not suspend a licence under subsection (1) unless the Secretary is satisfied that—

(a)if the licence holder is an individual, the individual is not a fit and proper person; or

(b)if the licence holder is a body corporate, a director or officer of the body corporate who does or may exercise control over the service is not a fit and proper person; or

(c)as to the class or classes of transport to which the proposed suspension relates, the licence holder has failed to comply with—

(i)this Act; or

(ii)regulations made under this Act; or

(iii)a direction under section 59; or

(iv)any approved standards; or

(v)the conditions of the licence; or

(d)the licence holder is not financially viable; or

(e)if the licence holder is an individual, the individual has died.

(4)If a non-emergency patient transport service licence is suspended in respect of a class or classes of non-emergency patient transport specified in the licence, but not all of the classes of transport so specified, the licence continues to authorise the provision of the class or classes of transport in respect of which the licence has not been suspended.

(5)A suspension under this section must not be for a period of more than 6 months.

38Secretary to give notice of suspension

(1)The Secretary must serve written notice of the suspension of a licence under section 37 on the holder of the licence.

(2)A notice under subsection (1) must set out—

(a)the fact that the licence has been suspended; and

(b)whether the licence has been fully or partly suspended and if the licence has been partly suspended, the class or classes of non-emergency patient transport for which the licence has been suspended; and

(c)the period of the suspension and date on which the suspension takes effect; and

(d)the reasons for the suspension; and

(e)the effect of section 39(2).

39Taking of effect of suspension and period of suspension

(1)A suspension under section 37 takes effect on the day specified in the notice under section 38, which must not be earlier than the day on which the notice is served on the licence holder.

(2)A suspension under section 37 remains in force until the earlier of the following—

(a)the end of the period specified in section 37(5);

(b)if the Secretary determines that it should end on an earlier date, that date.

(3)The Secretary must not make a determination under subsection (2) unless the Secretary is satisfied that the reason for the suspension no longer exists.

Subdivision 4—Effect of suspension with or without notice

40Effect of suspension

A person—

(a)whose licence is suspended under section 31 or 37 is taken not to be the holder of a non-emergency patient transport service licence for the period of the suspension; or

(b)whose licence is suspended as to a class or classes of transport, is taken not to be the holder of a non-emergency patient transport service licence in respect of that class or those classes.

Division 4A—Cancellation of non‑emergency patient transport service licence

41Notice before cancellation

(1)If the Secretary is considering the cancellation under section 42A of a non‑emergency patient transport service licence, before cancelling the licence, the Secretary must give the licence holder notice of the proposal to cancel the licence.

(2)A notice under subsection (1) must state—

(a)that the Secretary proposes to cancel the licence; and

(b)the reasons for the proposed cancellation; and

(c)that the licence holder may, within 30 days after the notice is given, give the Secretary a written response to the proposed cancellation.

42Licence holder may give written response to proposal to cancel licence

A licence holder who is given a notice under section 41 may, within 30 days after the notice is given, give the Secretary a written response to the proposed cancellation.

42ACancellation of licence

(1)The Secretary may cancel a non-emergency patient transport service licence if the Secretary is satisfied that—

(a)if the licence holder is an individual, the person is not a fit and proper person; or

(b)if the licence holder is a body corporate, a director or officer of the body corporate who does or may exercise control over the service is not a fit and proper person; or

(c)the licence holder is providing the service in a manner that poses a serious risk to patient health or safety; or

(d)the licence holder has failed to comply with—

(i)this Act; or

(ii)regulations made under this Act; or

(iii)a direction under section 59; or

(iv)any approved standards; or

(v)the conditions of the licence; or

(e)the licence holder has been found guilty of an offence against—

(i)this Act; or

(ii)regulations made under this Act; or

(f)the licence holder does not have an approved accreditation; or

(g)one or more of the clinical governance arrangements and management and staffing arrangements of the licence holder are not suitable for the provision of the service; or

(h)the licence holder has not operated under the licence during the previous 12 months; or

(i)the licence holder is not financially viable.

(2)If the Secretary is proposing to cancel a licence under subsection (1)(d), before doing so the Secretary may give notice to the licence holder that the Secretary intends to cancel the licence if satisfactory arrangements are not made to remedy the failure to comply with the relevant provision within the period specified in the notice.

(3)A notice under subsection (2)—

(a)must set out the relevant provision of—

(i)this Act; or

(ii)regulations made under this Act; or

(iii)a direction under section 59; or

(iv)any approved standards; or

(v)the conditions of the licence—

with which the licence holder has failed to comply; and

(b)must set out the time within which arrangements must be made to remedy the failure to comply (which must be not less than 28 days).

(4)After giving a notice under subsection (2), the Secretary may cancel the licence under subsection (1) if, after the expiry of the period specified in the notice, satisfactory arrangements to remedy the failure have not been made.

(5)Before cancelling a licence under this section, or giving a notice under subsection (2), the Secretary must consider any written response that is given by the licence holder under section 42 within the period specified in that section.

42BMatters for Secretary to consider in cancelling a licence

In making a decision to cancel a licence under section 42A(1), the Secretary must consider—

(a)the conduct of the licence holder; and

(b)the seriousness of any breach of—

(i)this Act; or

(ii)regulations made under this Act; or

(iii)a direction under section 59; or

(iv)any approved standards; or

(v)the conditions of the licence; and

(c)whether or not any such breach could have been avoided by the reasonable exercise of care; and

(d)any circumstances that may prevent the licence holder from being able to continue to carry on the service in accordance with this Act, the regulations or the conditions of the licence.

42CSecretary to serve notice of cancellation

(1)The Secretary must serve written notice of the cancellation of a licence under section 42A(1) on the holder of the licence.

(2)A notice under subsection (1) must set out—

(a)the fact that the licence has been cancelled; and

(b)the fact that, under section 42D, the cancellation takes effect on the day of service of the notice; and

(c)the reasons for the cancellation.

42DTaking of effect of cancellation

The cancellation of a licence under section 42A(1) takes effect on the day the notice under section 42C is served on the licence holder.".

23Divisions 5 and 6 of Part 2 substituted

For Divisions 5 and 6 of Part 2 of the Principal Act substitute—

"Division 5—Special notification requirements

42EChange of trading name—non-emergency patient transport service licence holder

If there is a change in the trading name of the holder of a non-emergency patient transport service licence, the licence holder must make an application under section 26 for variation of the non-emergency patient transport service licence to reflect the change in trading name within 14 days of that change.

Penalty:60 penalty units.

42FLicence holder must notify Secretary as to certain matters

(1)If the holder of a non-emergency patient transport service licence has not transported any patients during a 12 month period, the licence holder must so notify the Secretary as soon as practicable after the end of the 12 month period.

Penalty:In the case of a natural person, 60 penalty units;

In the case of a body corporate, 240 penalty units.

(2)If the holder of a non-emergency patient transport service licence has transported fewer than 250 patients during a 12 month period, the licence holder must so notify the Secretary as soon as practicable after the end of the 12 month period.

Penalty:In the case of a natural person, 60 penalty units;

In the case of a body corporate, 240 penalty units.

42GSecretary may require evidence to demonstrate maintenance of competencies

(1)If the holder of a non-emergency patient transport service licence gives a notice to the Secretary under section 42F(2), the Secretary may by notice require the licence holder to provide evidence—

(a)that the clinical staff of the non-emergency patient transport service have maintained the level of competence and training required by regulations made under this Act to provide the non-emergency patient transport service; and

(b)that the safety of patients has not been detrimentally affected during medical assessment, treatment or transportation by the licence holder during the previous 12 months.

(2)A notice given by the Secretary under subsection (1) must—

(a)specify the further information required by the Secretary; and

(b)specify the period within which the licence holder must provide the required information, being—

(i)14 days; or

(ii)a period of more than 14 days determined by the Secretary.

(3)A licence holder must comply with a notice under subsection (2).

Penalty:In the case of a natural person, 60 penalty units;

In the case of a body corporate, 240 penalty units.".

Part 3—Amendments relating to first aid services

24New Part 2A inserted

After Part 2 of the Principal Act insert—

"Part 2A—Licensing first aid service operators

Division 1—Interpretation

42HPersons who do not operate first aid services

For the purposes of this Act, the following persons do not operate a first aid service—

(a)a volunteer first aid association, including any individual who provides first aid as part of that volunteer first aid association;

(b)a life saving club, including any individual who provides first aid as part of that life saving club;

(c)Life Saving Victoria;

(d)an individual who is employed by an organisation to provide first aid to persons employed or engaged by that organisation in the course of the business carried on by the organisation;

Example

A person who is employed by a mine operator to provide first aid to staff of that mine operator.

(e)an individual who provides first aid in the course of their work at a hospital, medical clinic or allied health service;

(f)a medical clinic or allied health service;

(g)an individual who encounters by chance a circumstance that appears to require the provision of first aid and who provides that first aid.

Division 2—Offences

42IOffence to operate a first aid service without a licence

(1)A person must not operate a first aid service unless that person holds a first aid service licence.

Penalty:In the case of a natural person, 60 penalty units;

In the case of a body corporate, 240 penalty units.

(2)Subsection (1) does not apply to each of the following persons when the person is operating a first aid service—

(a)an ambulance service; or

(b)a hospital; or

(c)any other person or class of person whom the Governor in Council has declared to be a person or class of person to whom subsection (1) does not apply.

(3)For the purposes of subsection (2), the Governor in Council may, by Order published in the Government Gazette, declare a person or a class of person to be a person or class of person to whom subsection (1) does not apply.

42JOffence to claim first aid service licence holder status

A person who is not the holder of a first aid service licence must not—

(a)take or use any title calculated to induce a belief that the person is such a licence holder; or

(b)claim or hold out to be such a licence holder.

Penalty:60 penalty units.

42KOffence not to ensure provision of a safe service

The holder of a first aid service licence must ensure that the first aid service provided under the licence—

(a)is safe; and

(b)is of an appropriate quality; and

(c)gives priority to the needs of the persons provided with the service.

Penalty:In the case of a natural person, 60 penalty units;

In the case of a body corporate, 240 penalty units.

Division 3—Approval in principle to be licensed to operate first aid service

42LGrant of approval in principle—first aid service licence

(1)The Secretary may grant an approval in principle to a person to operate a first aid service.

(2)In granting an approval in principle, the Secretary may specify that the approval is granted for the service to operate—

(a)the particular class or particular classes of first aid service specified in the approval; or

(b)all classes of first aid services.

42MApplication for approval in principle for first aid service licence

(1)A person may apply to the Secretary for the grant of an approval in principle to operate a first aid service.

(2)An application under subsection (1)—

(a)must be in the prescribed form; and

(b)must be accompanied by the prescribed fee.

(3)A person making an application under subsection (1) must give the Secretary any further information relating to the application that the Secretary requests including, if the person who is to be the operator of the first aid service is a body corporate, any information relating to any director or officer of the body corporate who does or may exercise control over the service to which the application relates.

42NMatters the Secretary must consider in deciding whether or not to grant an approval in principle for a first aid service

(1)The Secretary must not grant an approval in principle to operate a first aid service unless the Secretary is satisfied that—

(a)if the applicant is an individual, the applicant is a fit and proper person; and

(b)if the applicant is a body corporate, each director and officer of the body corporate who does or may exercise control over the service is a fit and proper person; and

(c)the applicant has established suitable clinical governance arrangements and management and staffing arrangements for the service; and

(d)the equipment to be used by the service is suitable.

(2)In determining whether or not to grant an approval in principle under subsection (1), the Secretary may consider the following matters if the applicant is or has been associated with the operator of another first aid service—

(a)the extent and nature of the applicant's involvement in the other first aid service;

(b)the number of complaints, if any, made by or on behalf of patients against the other first aid service within the previous 3 years, and how those complaints have been dealt with;

(c)the financial management of the other first aid service;

(d)whether the other first aid service has been operated in accordance with—

(i)this Act; and

(ii)regulations made under this Act; and

(iii)if the operator of the other first aid service is or has been licensed under this Act, any conditions on that licence; and

(iv)any other law relating to or affecting the operation of a first aid service;

(e)whether the applicant has been found guilty of an offence against this Act or regulations made under this Act in relation to the other first aid service.

(3)For the purpose of subsection (2), an applicant is or has been associated with the operator of another first aid service if—

(a)the applicant is an individual and is or has been—

(i)the licence holder for or operator of the other first aid service; or

(ii)a director or officer of a body corporate that is or has been—

(A)the licence holder for the other first aid service; or

(B)the operator of the other first aid service, if the director or officer has exercised control over the body corporate; or

(b)the applicant is a body corporate and a director or officer of the applicant is or has been—

(i)the operator of the other first aid service; or

(ii)a director or officer of a body corporate that operates or has operated the other first aid service, if the director or officer has exercised control over the other body corporate.

(4)The Secretary, by written notice to the applicant, may require the applicant to give the Secretary any further information or document the Secretary reasonably requires to determine the application, within a reasonable time specified in the notice.

42OTime limit for making decision on an application for approval in principle—first aid service

The Secretary must make a decision under section 42L and give notice in writing of the decision to the applicant under section 42M—

(a)if paragraph (b) does not apply, within 60 days after receiving the application; or

(b)if the Secretary has requested further information from the applicant, within 28 days after the information last requested is given to the Secretary.

42PCertificate of approval in principle—first aid service licence

If the Secretary grants an approval in principle, the Secretary must issue a certificate of approval in principle stating—

(a)the name of the person to whom it is issued; and

(b)any conditions to which it is subject; and

(c)the class or classes of first aid services for which the approval is granted; and

(d)the period during which the approval continues in force (being one year or, if the Secretary considers it appropriate that the period be longer or shorter, the period so specified by the Secretary).

42QVariation or transfer of certificate of approval in principle—first aid service

(1)The Secretary, on the application of the person who is the holder for the time being of a certificate of approval in principle relating to a class of first aid service, may—

(a)vary the certificate or any condition to which it is subject; or

(b)approve the transfer of the certificate to another person.

(2)Sections 42M and 42N apply to an application for variation or transfer of a certificate as if the application were an application for the grant of an approval in principle.

Division 4—Granting, renewal, variation and transfer of first aid service licences

42RGrant of a first aid service licence

(1)The Secretary may license a person to operate a first aid service.

(2)In granting a first aid service licence, the Secretary may specify that the licence is granted for the service to operate—

(a)the particular class or classes of first aid service specified in the approval in principle; or

(b)all classes of first aid services.

42SApplication for a first aid service licence

(1)A person may apply to the Secretary for the grant of a first aid service licence.

(2)An application under subsection (1)—

(a)must be in the prescribed form; and

(b)must be accompanied by the prescribed fee.

(3)An applicant must give the Secretary any further information relating to the application that the Secretary requests.

42TConsiderations for Secretary in granting a first aid service licence

(1)The Secretary must not grant a first aid service licence unless the Secretary is satisfied that—

(a)if the applicant is an individual, the applicant is a fit and proper person; and

(b)if the applicant is a body corporate, each director and officer of the body corporate who does or may exercise control over the service is a fit and proper person.

(2)In deciding whether or not to grant a first aid service licence, the Secretary must consider—

(a)the suitability of the equipment to be used in the service for which the licence is to be granted; and

(b)the suitability of the clinical governance arrangements and management and staffing arrangements for the service and the compliance of those arrangements with regulations made under this Act and any approved standards; and

(c)whether the arrangements for the care to be provided by the service to patients are such that the care will be safe and of an appropriate quality; and

(d)the suitability of the arrangements for recording, monitoring and reviewing the clinical governance arrangements and management and staffing arrangements for the service; and

(e)whether the service has complied with any conditions to which the approval in principle is subject; and

(f)if the applicant is a body corporate, whether the body corporate is of sound financial reputation and stable financial background.

(3)The Secretary, by written notice to the applicant, may require the applicant to give the Secretary any further information or document the Secretary reasonably requires to determine the application, within a reasonable time specified in the notice.

(4)The Secretary must not refuse to grant a licence on any ground that is inconsistent with an approval in principle that is in force and that has been granted in relation to the service in respect of which the application for the licence has been made.

42UTime limit for making decision on application for the grant of first aid service licence

The Secretary must make a decision under section 42R and give notice in writing of the decision to the applicant under section 42S—

(a)if paragraph (b) does not apply, within 60 days after receiving the application; or

(b)if the Secretary has requested further information from the applicant, within 28 days after the information last requested is given to the Secretary.

42VConditions on first aid service licences

(1)A first aid service licence is subject to any conditions—

(a)that are prescribed; and

(b)that the Secretary imposes on the licence or on the class or classes of service authorised under the licence.

(2)A licence holder must comply with the conditions to which the licence is subject.

Penalty:In the case of a natural person, 60 penalty units;

In the case of a body corporate, 240 penalty units.

42WParticulars of first aid service licences

A first aid service licence must contain the following particulars—

(a)the name and address of the holder of the licence;

(b)the class or classes of first aid service that may be operated under the licence;

(c)any conditions to which the licence is subject;

(d)the date on which the licence expires;

(e)any other prescribed matter.

42XDuration of first aid service licences

A first aid service licence continues in force for the period that is specified in the licence, being 2 years from the issue or renewal of the licence (or, if the Secretary considers it appropriate that the period be longer or shorter, the period so specified by the Secretary).

42YPower of Secretary to renew first aid service licences

On the expiration of a first aid service licence, the Secretary may renew the licence.

42ZApplication to renew a first aid service licence

(1)Before a first aid service licence expires, the holder may apply to the Secretary for the renewal of the licence.

(2)An application under subsection (1)—

(a)must be in the prescribed form; and

(b)must be accompanied—

(i)if the application is made at least 3 months before the licence expires, by the prescribed fee; or

(ii)if the application is made within the period of 3 months before the licence expires, by the prescribed fee and an additional fee of one half of the prescribed fee.

(3)An applicant under this section must give to the Secretary any further information relating to the application that the Secretary requests.

(4)A first aid service licence in respect of which an application is made under this section is taken to continue in force, after the expiry of the licence period, until the Secretary makes a decision in relation to the application.

42ZAMatters the Secretary must consider in deciding whether or not to renew a licence

(1)The Secretary must not renew a first aid service licence unless the Secretary is satisfied that—

(a)if the applicant is an individual, the applicant is a fit and proper person; and

(b)if the applicant is a body corporate, each director and officer of the body corporate who does or may exercise control over the service is a fit and proper person; and

(c)the care provided by the service to patients is safe and of an appropriate quality.

(2)In determining whether or not to renew a licence, the Secretary must consider—

(a)the suitability of the clinical governance arrangements and management and staffing arrangements for the service and the compliance of those arrangements with the regulations and any approved standards; and

(b)whether the service has been operated in accordance with—

(i)this Act; and

(ii)regulations made under this Act; and

(iii)any approved standards; and

(iv)any other law relating to or affecting the operation of the first aid service; and

(v)any conditions to which the licence is subject; and

(c)if the applicant is a body corporate, whether the body corporate is of sound financial reputation and stable financial background.

42ZBTime limit for making decision on application for renewal of licence

The Secretary must make a decision under section 42Y and give notice in writing of the decision to an applicant under section 42Z—

(a)if paragraph (b) does not apply, within 60 days after receiving the application; or

(b)if the Secretary has requested further information from the applicant, within 28 days after the information last requested is given to the Secretary.

42ZCApplication to transfer a first aid service licence

(1)The holder of a first aid service licence may apply to the Secretary for the transfer of the first aid service licence to another person named in the application (the proposed transferee).

(2)An application under subsection (1) must—

(a)include any prescribed information; and

(b)be accompanied by the prescribed fee; and

(c)be signed by both the holder of the first aid service licence and the proposed transferee.

(3)The Secretary, by written notice to the holder of the first aid service licence and the proposed transferee, may require either or both of them to give the Secretary any further information or document the Secretary reasonably requires to determine the application, within a reasonable time specified in the notice.

42ZDApproval of transfer of first aid service licence

(1)The Secretary may approve the transfer of a first aid service licence.

(2)The Secretary must not approve the transfer of a licence under subsection (1) unless the Secretary is satisfied that—

(a)if the proposed transferee is an individual, the proposed transferee is a fit and proper person; and

(b)if the proposed transferee is a body corporate, each director and officer of the body corporate who does or may exercise control over the service is a fit and proper person; and

(c)the arrangements for the care to be provided by the transferred service to patients are such that the care will be safe and of an appropriate quality.

(3)In determining whether or not to grant a transfer, the Secretary must consider the following matters—

(a)the suitability of the equipment to be used in the service;

(b)the suitability of the clinical governance arrangements and management and staffing arrangements for the service and the compliance of those arrangements with regulations made under this Act and any approved standards;

(c)the suitability of the arrangements for recording, monitoring and reviewing the clinical governance arrangements and management and staffing arrangements for the service;

(d)if the proposed transferee is a body corporate, whether the body corporate is of sound financial reputation and stable financial background.

42ZETime limit for making decision on application to transfer first aid service licence

The Secretary must make a decision under section 42ZD and give notice in writing of the decision to the applicant under section 42ZC—

(a)if paragraph (b) does not apply, within 60 days after receiving the transfer application; or

(b)if the Secretary has requested further information from the holder of the first aid service licence or proposed transferee, within 28 days after the information last requested is given to the Secretary.

42ZFDuration of transferred first aid service licence

If the Secretary approves an application under section 42ZD, the first aid service licence continues in force for the remainder of the period specified in the licence.

42ZGPower of the Secretary to vary licences

The Secretary may, either on the application of the holder of a first aid service licence, or on the Secretary's own motion—

(a)vary a first aid service licence; or

(b)vary a condition on a first aid service licence, other than a prescribed condition.

42ZHVariation of first aid service licence on the motion of the Secretary

(1)Before—

(a)varying a first aid service licence; or

(b)varying a condition on a first aid service licence—

on the Secretary's own motion under section 42ZG, the Secretary must—

(c)notify the holder of the licence; and

(d)allow the holder an opportunity to make written submissions.

(2)Submissions under subsection (1) must be made within the time period specified in the notice.

(3)In making a decision as to whether or not to vary a licence under section 42ZG, the Secretary must—

(a)have regard to submissions made within the period for making submissions; and

(b)notify the holder of the Secretary's decision.

(4)A variation to which subsection (1) applies has effect from the time specified in the notice under subsection (3).

42ZIApplication to vary a first aid service licence

(1)The holder of a first aid service licence may apply to the Secretary for—

(a)variation of the licence; or

(b)variation of a condition of the licence.

(2)An application under subsection (1)—

(a)must be in the prescribed form; and

(b)must be accompanied by the prescribed fee.

(3)An applicant under subsection (1) must give to the Secretary any further information relating to the application that the Secretary requests.

42ZJMatters the Secretary must consider in deciding on certain applications for variation

(1)The Secretary must not grant an application under section 42ZI to enable the licence holder to operate an additional class or additional classes of service under the licence unless the Secretary is satisfied that the applicant has demonstrated—

(a)that the arrangements for the care provided by the additional class or classes of service to patients is such that the care will be safe and of an appropriate quality; and

(b)that the clinical governance arrangements and management and staffing arrangements for the operation of the additional class or classes of service are suitable; and

(c)that the arrangements for recording, monitoring and reviewing the clinical governance arrangements and management and staffing arrangements for the additional class or classes of service are suitable.

(2)The Secretary, by written notice to the applicant, may require the applicant to give the Secretary any further information or document the Secretary reasonably requires to determine the application, within a reasonable time specified in the notice.

42ZKTime limit for making decision on application for variation of first aid service licence

The Secretary must make a decision under section 42ZG and give notice in writing of the decision to an applicant under section 42ZI—

(a)if paragraph (b) does not apply, within 60 days after receiving the application; or

(b)if the Secretary has requested the applicant to give further information, within 28 days after the information last requested is given to the Secretary.

Division 5—Surrender and suspension of first aid service licences

Subdivision 1—Surrender of first aid service licence

42ZLSurrender of first aid service licence

(1)The holder of a first aid service licence may surrender that licence to the Secretary for cancellation.

(2)If a licence is surrendered under subsection (1)—

(a)the Secretary must cancel the licence; and

(b)the holder must produce the licence certificate to the Secretary for cancellation.

Subdivision 2—Immediate suspension of first aid service licence

42ZMImmediate suspension of first aid service licence where serious risk to health or safety

(1)The Secretary may immediately suspend a first aid service licence as to all or any class or classes of first aid specified in the licence if the Secretary reasonably believes the licence holder is providing the service in a manner that poses a serious risk to patient health or safety.

(2)As soon as the Secretary suspends the licence the Secretary must give notice of the suspension to the holder of the licence.

(3)A notice under subsection (2) must set out—

(a)the reason for the suspension; and

(b)whether the licence has been fully or partly suspended and if the licence has been partly suspended, the class or classes of first aid for which the licence has been suspended; and

(c)the period of the suspension, which must be not more than 6 months; and

(d)that the licence holder may, within 30 days after the notice is given, give the Secretary a written response to the proposed suspension.

(4)If a first aid service licence is suspended in respect of a class or classes of first aid specified in the licence, but not all of the classes of first aid so specified, the licence continues to authorise the provision of the class or classes of first aid service in respect of which the licence has not been suspended.

42ZNLicence holder may give written response to notice of suspension

A licence holder who is given a notice under section 42ZM(2) may, within 30 days after the notice is given, give the Secretary a written response to the suspension.

42ZOReview of suspension

(1)The Secretary must review a suspension under section 42ZM after the expiry of the 30 day period referred to in section 42ZN.

(2)In reviewing a suspension under section 42ZM, the Secretary must have regard to any written response by the licence holder given to the Secretary within the 30 day period.

42ZPPowers of Secretary on review of suspension

After reviewing the suspension under section 42ZO, the Secretary may decide to—

(a)revoke the suspension; or

(b)continue the suspension for the period specified; or

(c)give notice under Division 6 that the Secretary proposes to cancel the licence.

Subdivision 3—Suspension of first aid service licence with notice

42ZQNotice before suspension

(1)If the Secretary is considering the suspension under section 42ZS of a first aid service licence as to all or any of the class or classes of first aid provided under the licence, before imposing the suspension, the Secretary must give the licence holder notice of the proposal to suspend the licence.

(2)A notice under subsection (1) must state—

(a)that the Secretary proposes to suspend the licence; and

(b)the proposed period of suspension; and

(c)the reasons for the proposed suspension; and

(d)that the licence holder may, within 30 days after the notice is given, give the Secretary a written response to the proposed suspension.

42ZRLicence holder may give written response to proposal to suspend licence

A licence holder who is given a notice under section 42ZQ may, within 30 days after the notice is given, give the Secretary a written response to the proposed suspension.

42ZSSuspension of first aid service licence

(1)The Secretary may suspend a first aid service licence as to all or any class or classes of first aid specified in the licence.

(2)Before imposing a suspension under this section, the Secretary must consider any written response given by the licence holder under section 42ZR within the period specified in that section.

(3)The Secretary must not suspend a licence under subsection (1) unless the Secretary is satisfied that—

(a)if the licence holder is an individual, the person is not a fit and proper person; or

(b)if the licence holder is a body corporate, a director or officer of the body corporate who does or may exercise control over the service is not a fit and proper person; or

(c)as to the class or classes of first aid to which the proposed suspension relates, the licence holder has failed to comply with—

(i)this Act; or

(ii)regulations made under this Act; or

(iii)a direction under section 59; or

(iv)any approved standards; or

(v)the conditions of the licence; or

(d)the licence holder is not financially viable; or

(e)if the licence holder is an individual, the individual has died.

(4)If a first aid service licence is suspended in respect of a class or classes of first aid specified in the licence, but not all of the classes of first aid so specified, the licence continues to authorise the provision of the class or classes of first aid service in respect of which the licence has not been suspended.

(5)A suspension under this section must not be for a period of more than 6 months.

42ZTSecretary to give notice of suspension

(1)The Secretary must serve written notice of the suspension of a licence under section 42ZS on the holder of the licence.

(2)A notice under subsection (1) must set out—

(a)the fact that the licence has been suspended; and

(b)whether the licence has been fully or partly suspended and if the licence has been partly suspended, the class or classes of first aid for which the licence has been suspended; and

(c)the period of the suspension and date on which the suspension takes effect; and

(d)the reasons for the suspension; and

(e)the effect of section 42ZU(2).

42ZUTaking of effect of suspension and period of suspension

(1)A suspension under section 42ZS takes effect on the day specified in the notice under section 42ZT, which must not be earlier than the day on which the notice is served on the licence holder.

(2)A suspension under section 42ZS remains in force until the earlier of the following—

(a)the end of the period specified in section 42ZS(5);

(b)if the Secretary determines that it should end on an earlier date, that date.

(3)The Secretary must not make a determination under subsection (2) unless the Secretary is satisfied that the reason for the suspension no longer exists.

Subdivision 4—Effect of suspension with or without notice

42ZVEffect of suspension

A person—

(a)whose licence is suspended under section 42ZM or 42ZS is taken not to be the holder of a first aid service licence for the period of the suspension; or

(b)whose licence is suspended as to a class or classes of first aid, is taken not to be the holder of a first aid service licence in respect of that class or those classes.

Division 6—Cancellation of first aid service licence

42ZWNotice before cancellation of first aid service licence

(1)If the Secretary is considering the cancellation under section 42ZY(1) of a first aid service licence, before cancelling the licence, the Secretary must give the licence holder a notice of the proposal to cancel the licence.

(2)A notice under subsection (1) must state—

(a)that the Secretary proposes to cancel the licence; and

(b)the reasons for the proposed cancellation; and

(c)that the licence holder may, within 30 days after the notice is given, give the Secretary a written response to the proposed cancellation.

42ZXFirst aid service licence holder may give written response to proposal to cancel licence

A licence holder who is given a notice under section 42ZW may, within 30 days after the notice is given, give the Secretary a written response to the proposed cancellation.

42ZYCancellation of first aid service licence

(1)The Secretary may cancel a first aid service licence if the Secretary is satisfied that—

(a)if the licence holder is an individual, the person is not a fit and proper person; or

(b)if the licence holder is a body corporate, a director or officer of the body corporate who does or may exercise control over the service is not a fit and proper person; or

(c)the licence holder is providing the service in a manner that poses a serious risk to patient health or safety; or

(d)the licence holder has failed to comply with—

(i)this Act; or

(ii)regulations made under this Act; or

(iii)a direction under section 59; or

(iv)any approved standards; or

(v)the conditions of the licence; or

(e)the licence holder has been found guilty of an offence against—

(i)this Act; or

(ii)regulations made under this Act; or

(f)the licence holder does not have an approved accreditation; or

(g)one or more of the clinical governance arrangements and management and staffing arrangements of the licence holder are not suitable for the provision of the service; or

(h)the licence holder has not operated under the licence during the previous 12 months; or

(i)the licence holder is not financially viable.

(2)If the Secretary is proposing to cancel a licence under subsection (1)(d), before doing so the Secretary may give notice to the licence holder that the Secretary intends to cancel the licence if satisfactory arrangements are not made to remedy the failure to comply with the relevant provision within the period specified in the notice.

(3)A notice under subsection (2)—

(a)must set out the relevant provision of—

(i)this Act; or

(ii)regulations made under this Act; or

(iii)a direction under section 59; or

(iv)any approved standards; or

(v)the conditions of the licence—

with which the person has failed to comply; and

(b)must set out the time within which arrangements must be made to remedy the failure to comply (which must be not less than 28 days).

(4)After giving a notice under subsection (2), the Secretary may cancel the licence under subsection (1) if, after the expiry of the period specified in the notice, satisfactory arrangements to remedy the failure have not been made.

(5)Before cancelling a licence under this section, or giving a notice under subsection (2), the Secretary must consider any written response that is given by the licence holder under section 42ZX within the period specified in that section.

42ZZMatters for Secretary to consider in cancelling a first aid service licence

In making a decision to cancel a licence under section 42ZY(1), the Secretary must consider—

(a)the conduct of the licence holder; and

(b)the seriousness of any breach of—

(i)this Act; or

(ii)regulations made under this Act; or

(iii)a direction under section 59; or

(iv)any approved standards; or

(v)the conditions of the licence; and

(c)whether or not any such breach could have been avoided by the reasonable exercise of care; and

(d)any circumstances that may prevent the licence holder from being able to continue to carry on the service in accordance with this Act, the regulations or the conditions of licence.

42ZZASecretary to serve notice of cancellation

(1)The Secretary must serve written notice of the cancellation of a licence under section 42ZY(1) on the holder of the licence.

(2)A notice under subsection (1) must set out—

(a)the fact that the licence has been cancelled; and

(b)the fact that, under section 42ZZB, the cancellation takes effect on the day of service of the notice; and

(c)the reasons for the cancellation.

42ZZBTaking of effect of cancellation

The cancellation of a licence under section 42ZY(1) takes effect on the day the notice under section 42ZZA is served on the licence holder.

Division 7—Special notification requirements

42ZZCChange of trading name—first aid service licence holder

If there is a change in the trading name of the holder of a first aid service licence, the licence holder must make an application under section 42ZI for variation of the first aid service licence to reflect the change in trading name within 14 days of that change.

Penalty:60 penalty units.

42ZZDFirst aid service licence holder must notify Secretary as to certain matters

If the holder of a first aid service licence has not attended any events for the purposes of providing first aid during a 12 month period, the licence holder must so notify the Secretary as soon as practicable after the end of the 12 month period.

Penalty:In the case of a natural person, 60 penalty units;

In the case of a body corporate, 240 penalty units.".

Part 4—Further amendment of the Non‑Emergency Patient Transport Act 2003

25Review by VCAT

(1)In section 43(1)(a) of the Principal Act, for "a non-emergency patient transport service licence" substitute "a Part 2 licence or a Part 2A licence".

(2)Section 43(2) of the Principal Act is repealed.

26Production of vehicles or documents for inspection

For section 48(1) of the Principal Act substitute—

"(1)For the purpose of monitoring compliance with this Act or the regulations an authorised officer may require the holder of a Part 2 licence or a Part 2A licence, at a time and place specified by the authorised officer—

(a)to produce for inspection any vehicles used in the provision of the service operated under the licence; or

(b)to produce to the authorised officer any documents required to be kept by the licence holder under this Act or regulations made under this Act.".

27Self-incrimination

In section 49(3) of the Principal Act—

(a)in paragraph (b) after "a non-emergency patient transport service" insert "or a first aid service";

(b)paragraph (c) is repealed.

28   Offences relating to inspection

For the penalty at the foot of section 50 of the Principal Act substitute—

"Penalty:In the case of a natural person, 60 penalty units;

In the case of a body corporate, 240 penalty units.".

29Part 5—Infringement notices—repealed

Part 5 of the Principal Act is repealed.

30Substitution of heading to Part 6

For the heading to Part 6 of the Principal Act substitute—

"Part 6—General matters".

31New Divisions of Part 6 inserted

After the heading to Part 6 of the Principal Act insert—

'Division 1—Particular conditions on licences

58Use of paramedic

It is a condition of any Part 2 licence or Part 2A licence that the holder of the licence must not use the word "paramedic" or any related name, title or description as part of the title or description of the service.

Division 2—Directions of the Secretary

59Directions of the Secretary

(1)The Secretary may give written directions to the holder of a Part 2 licence or a Part 2A licence as to ensuring—

(a)the safety of the service provided by the licence holder; and

(b)the quality of care provided to persons using the service.

(2)It is a condition of any Part 2 licence or Part 2A licence that the holder of the licence must comply with a direction of the Secretary given under subsection (1).

Division 3—Miscellaneous matters

60Fit and proper person

(1)In determining whether or not a person is a fit and proper person for the purposes of this Act, the Secretary may take into account all or any of the following matters—

(a)whether or not the person has been found guilty of an offence against this Act;

(b)whether or not the person is of sound financial reputation and stable financial background;

(c)whether or not the person is of good repute, having regard to character, honesty and integrity;

(d)whether or not the person is a person in relation to whom not more than 10 years have expired since that person was found guilty of—

(i)an indictable offence; or

(ii)an offence involving dishonesty, fraud or trafficking in drugs of dependence, where the maximum penalty for the offence is more than 3 months imprisonment;

(e)whether—

(i)if the person is a registered health practitioner under the Health Practitioner Regulation National Law, there is any condition on that person's registration; or

(ii)any registration of the person under the Health Practitioner Regulation National Law has been cancelled or suspended.

(2)Subsection (1) is not to be taken to limit the circumstances in which a person may be considered not to be a fit and proper person for the purposes of this Act.

(3)For the purposes of determining whether a person is of sound financial reputation and stable financial background under subsection (1)(b), the Secretary may consider—

(a)that person's financial viability and financial history; and

(b)the financial viability and financial history of any body corporate of which the person is or was a director or officer, being a body corporate that operates or operated a non-emergency patient transport service or a first aid service.

61Endorsement of licence

(1)If the Secretary transfers, varies or imposes a condition on a Part 2 licence or a Part 2A licence—

(a)the holder of the licence must produce the licence to the Secretary; and

(b)the Secretary must issue a new licence to the holder of the licence that sets out the particulars of the transfer, variation or condition.

(2)Subsection (1) applies to a variation whether or not it is made on an application under Part 2 or 2A or at the time of renewal.

62Change of directors etc.

(1)If a person ceases to be, or is appointed as, a director of or other officer having control of a body corporate that holds a Part 2 licence or a Part 2A licence, the body corporate must within 30 days after the change occurs give the Secretary a statement setting out—

(a)the name and address of the person who has ceased to hold, or been appointed to, a position (as the case requires); and

(b)the position which the person has ceased to hold or been appointed to (as the case requires).

Penalty:60 penalty units.

(2)The Secretary, by written notice given to the body corporate, may require the body corporate to give to the Secretary any information or a document that the Secretary reasonably requires to determine whether a director or other officer who has been appointed is a fit and proper person.

(3)A notice under subsection (2) must state a time within which the information must be given to the Secretary, and if a time is stated in the notice, the information must be given within that time.

62AAnnual report

(1)The holder of a Part 2 licence or a Part 2A licence must, no later than 2 months after the end of each financial year, submit to the Secretary an annual report on the operation of the service provided under the licence during the previous financial year.

(2)An annual report must contain any prescribed information in respect of the financial year reported on.

63Legal personal representatives

(1)If the holder of a Part 2 licence or a Part 2A licence dies, a person who is named as or who intends to apply to become a legal personal representative of the holder may apply to the Secretary to carry on the service until the period of one year after the death of the holder expires.

(2)An application to carry on a service under subsection (1) must be made—

(a)within 28 days after the death of the holder; or

(b)if the Secretary allows a longer period, that period.

(3)The Secretary must grant an application under subsection (1) unless the Secretary has any reason to believe that, if the applicant were to make an application for the licence, the Secretary would refuse the application.

(4)The granting of an application under this section has effect as a variation of the licence for the period to which the application relates.

63APower to require information to be given

(1)The Secretary, by written notice, may require the holder of a Part 2 licence or a Part 2A licence to give to the Secretary all or any of the following information in relation to the service operated under the licence—

(a)the number of patients transported by the service;

(b)the number of emergency calls made by the licence holder to request an emergency ambulance;

(c)the number of public events at which the services were provided and information about those events;

(d)the number of patients taken to hospital emergency departments.

(2)The Secretary must not require any identifying information to be given under subsection (1).

(3)A notice under subsection (1) must—

(a)specify the nature of the information to be given, which must be information that it is reasonable for the Secretary to require; and

(b)set out a reasonable period of time within which the holder of the licence must give the information to the Secretary.

(4)The Secretary may extend the time within which the holder of a Part 2 licence or a Part 2A licence must comply with a requirement under this section.

63BSecretary may approve standards

(1)The Secretary may approve standards made by another person or body as to any matter relating to the provision of a non-emergency patient transport service or a first aid service.

(2)The Secretary must cause notice of approval of standards under subsection (1) to be published—

(a)in the Government Gazette; and

(b)on the Internet site of the Department.

(3)A notice of approval of standards must state—

(a)where a copy of the standards may be obtained; and

(b)the date on which the approval of the standards take effect; and

(c)whether the standards operate as at the date of the approval or as amended from time to time.

63CSecretary may approve schemes for accreditation

(1)The Secretary may approve a scheme made by a person or body—

(a)that sets out requirements as to the safety and quality of care of patients of non-emergency patient transport services or first aid services; and

(b)that accredits non-emergency patient transport services or first aid services as meeting the requirements of the scheme.

(2)The Secretary must cause notice of approval of an accreditation scheme under subsection (1) to be published—

(a)in the Government Gazette; and

(b)on the Internet site of the Department.

(3)A notice of approval of an accreditation scheme must state—

(a)where a copy of the accreditation scheme may be obtained; and

(b)the date on which the approval of the accreditation scheme takes effect; and

(c)the type of non-emergency patient transport service or first aid service to which the accreditation scheme applies.

63DInconsistency with the Occupational Health and Safety Act 2004

If a provision of this Act or regulations made under this Act is inconsistent with a provision of the Occupational Health and Safety Act 2004 or any regulation made under that Act, the provision of the Occupational Health and Safety Act 2004 or the regulation made under that Act prevails to the extent of the inconsistency.

63EInconsistency with the Ambulance Services Act 1986

If a provision of this Act or regulations made under this Act is inconsistent with a provision of the Ambulance Services Act 1986 or any regulation made under that Act, the provision of the Ambulance Services Act 1986 or the regulation made under that Act prevails to the extent of the inconsistency.

Division 4—Regulations'.

32Regulations

(1)In section 64(1) of the Principal Act—

(a)for paragraph (a) substitute—

"(a)standards and requirements for the operation of non-emergency patient transport services and first aid services and, in particular, but not limited to, the following matters—

(i)the quality, safety, cleanliness and hygiene (including infection control procedures) of the services;

(ii)the welfare of persons receiving the services, including but not limited to the comfort, privacy and respectful treatment of those persons;

(iii)matters related to the staff who are delivering the services, including but not limited to—

(A)numbers, qualifications, clinical accreditation and matters related to the ability of persons to deliver the services; and

Example

An example of a matter related to the ability of persons to deliver the service is the driving licence status and history of a person.

(B)the health and safety of persons delivering the services;

(iv)the provision, inspection and maintenance of vehicles and equipment;

(v)storage facilities for the services;

(vi)the amount and type of insurance to be maintained by the services;

(vii)the arrangements to be made to evaluate, monitor and improve the quality of the services and supervision of staff or other persons delivering the services;

(viii)the provision of and display of information by the services;

(ix)communication devices to be carried by staff or other persons delivering the services or to be installed in vehicles operated by the services;";

(b)paragraph (b) is repealed;

(c)for paragraph (c) substitute—

"(c)records to be kept by non-emergency patient transport services and first aid services, including but not limited to—

(i)the form and the nature of entries to be made in such records; and

(ii)the time within which such entries are to be made; and

(iii)the period for which such records must be maintained;

(ca)matters relating to clinical governance arrangements;";

(d)in paragraph (d), after "non-emergency patient transport service" insert "or first aid service";

(e)in paragraph (e), after "non-emergency patient transport service" insert "or first aid service";

(f)in paragraph (h), for "20 penalty units" substitute "60 penalty units".

(2)In section 64(2) of the Principal Act—

(a)in paragraph (c), after "non-emergency patient transport service operators" insert "or first aid service operators";

(b)in paragraph (d), after "non-emergency patient transport service" insert "or first aid service".

Part 5—Transitional provisions

33New Part 7 inserted

After Part 6 of the Principal Act insert—

"Part 7—Transitional provisions

65Transitional provision—change of title of Act

On and from the commencement of section 4 of the Non-Emergency Patient Transport Amendment Act 2021, a reference to the Non-Emergency Patient Transport Act 2003 in any Act or in any instrument made under any Act or in any other document of any kind must be read and construed as a reference to the Non‑Emergency Patient Transport and First Aid Services Act 2003, unless the context otherwise requires.

66Transitional provision—non-emergency patient transport service licence

On and from the commencement of a provision of the Non-Emergency Patient Transport Amendment Act 2021, an amendment made to this Act by the provision applies to a non-emergency patient transport service licence that was in force immediately before the commencement of the provision.

Part 6—Consequential amendment of other Acts

Division 1—Amendment of Ambulance Services Act 1986

34Regulations

In section 40(1)(e) of the Ambulance Services Act 1986, for "Non-Emergency Patient Transport Act 2003" substitute "Non‑Emergency Patient Transport and First Aid Services Act 2003".

Division 2—Amendment of Commercial Passenger Vehicle Industry Act 2017

35Meaning of commercial passenger vehicle service

In section 4(3)(f) of the Commercial Passenger Vehicle Industry Act 2017, for "Non‑Emergency Patient Transport Act 2003" substitute "Non-Emergency Patient Transport and First Aid Services Act 2003".

Division 3—Amendment of Health Services Act 1988

36Definitions

In section 134V of the Health Services Act 1988, in paragraph (h) of the definition of health service entity, for "Non-Emergency Patient Transport Act 2003" substitute "Non-Emergency Patient Transport and First Aid Services Act 2003".

Division 4—Amendment of Medical Treatment Planning and Decisions Act 2016

37Definitions

In section 3(1) of the Medical Treatment Planning and Decisions Act 2016, in the definition of health practitioner, for "Non‑Emergency Patient Transport Act 2003" substitute "Non-Emergency Patient Transport and First Aid Services Act 2003".

Division 5—Amendment of Severe Substance Dependence Treatment Act 2010

38Detention and treatment order

In section 20(4)(c) of the Severe Substance Dependence Treatment Act 2010, for "Non‑Emergency Patient Transport Act 2003" substitute "Non-Emergency Patient Transport and First Aid Services Act 2003".

39Apprehension

In section 34(4)(c) of the Severe Substance Dependence Treatment Act 2010, for "Non‑Emergency Patient Transport Act 2003" substitute "Non-Emergency Patient Transport and First Aid Services Act 2003".

Part 7—Repeal of this Act

40Repeal of this Act

This Act is repealed on 1 October 2022.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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Endnotes

1   General information

See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 17 March 2021

Legislative Council: 6 May 2021

The long title for the Bill for this Act was "A Bill for an Act to amend the Non-Emergency Patient Transport Act 2003 to introduce a licensing scheme for first aid operators, to make further provision for the regulation of non-emergency patient transport to and from medical services and to make consequential and related amendments to other Acts."