Untitled document

Ambulance Services (Amendment) Act 1998

Act No. 38/1998

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	2
3.	Purposes	2
4.	Definitions	2
5.	Victorian Ambulance Board	2
6.	Functions of the Secretary	2
7.	Consequential amendments	3
8.	Payment of committees of management	3
9.	New section 20A inserted	4

20A. Membership of committee not an office of profit 4

10.	Ambulance Services	4
11.	Ambulance Officers Training Centre	5
12.	Other consequential amendments	5
13.	New Division 2 inserted	5
Division 2—Abolition of Bodies	5

45.	Definitions	5
46.	Abolition of bodies	6
47.	Transfer of assets and liabilities	7
48.	Certain land to vest in the Secretary	7

14.	Health Services Act 1988	8
15.	Emergency Services Superannuation Act 1986	8

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NOTES 10

i

Victoria

No. 38 of 1998

Ambulance Services (Amendment) Act

1998†

[Assented to 26 May 1998]

The Parliament of Victoria enacts as follows:

1. Purpose

The main purpose of this Act is to amend the consequential amendments to other Acts.

Ambulance Services Act 1986 to make further
provision for ambulance services, to abolish the
Victorian Ambulance Board and the Ambulance

Ambulance Services (Amendment) Act 1998

Act No. 38/1998 s. 2

2. Commencement

(1) Section 1 and this section come into operation on

the day on which this Act receives the Royal

Assent.

(2) Subject to sub-section (3), the remaining

provisions come into operation on a day or days to

be proclaimed.

(3) If a provision referred to in sub-section (2) does

not come into operation before 1 December 1999

it comes into operation on that date.

3. Purposes

In section 1 of the Ambulance Services Act	No. 114/1986. Reprinted
1986, for paragraphs (b) and (c) substitute—	as at 19 September
"(b) to provide for education and training	1996. Further

associated with ambulance and related	amended by
No. 35/1996.
services; and".

4. Definitions

In section 3 of the Ambulance Services Act
1986, omit the definitions of "Board" and

"Centre".

5. Victorian Ambulance Board

Part 2 of the Ambulance Services Act 1986 is repealed.

6. Functions of the Secretary

(1) In section 9(b) of the Ambulance Services Act 1986, omit "on the advice of the Board".

(2) In section 9 of the Ambulance Services Act

1986—

(a) omit "and the Centre" (wherever occurring);

Ambulance Services (Amendment) Act 1998

s. 7 Act No. 38/1998

(b) after paragraph (b) insert— "(ba) to arrange for the provision of

education and training associated with

ambulance and related services;";

(c)	in paragraph (j), omit "and the committee of management of the Centre";
(d)	in paragraph (m), omit "and between ambulance services and the Centre";

(e) paragraph (q) is repealed;

(f) in paragraph (u), omit "or the Centre".

7. Consequential amendments

(1) In the Ambulance Services Act 1986—

(a)	in section 10(3), omit "on the advice of the Board";
(b)	in section 18(i), omit "after consulting the Board".

(2) In the Ambulance Services Act 1986—

(a) in section 10(3), omit ", the Centre";
(b) in section 10(4) and (6), omit ", the Centre";

(c) in section 11, omit "and the Centre";

(d)	in sections 12 and 13, omit "or the Centre" (wherever occurring);
(e)	in section 19(4), for "a sub-committee" substitute "to members of a sub-committee".

8. Payment of committees of management

(1) In section 20(7) of the Ambulance Services Act 1986, for "are not to be paid fees, but" substitute "are to be paid such remuneration (if any) as is

fixed in the member's instrument of appointment
and".

Ambulance Services (Amendment) Act 1998

Act No. 38/1998 s. 9

(2) After section 20(8) of the Ambulance Services

Act 1986 insert—
"(9) Despite sub-section (7), a member of a

committee who is also a member of the Legislative Council or a member of the Legislative Assembly is not entitled to be

paid remuneration as a member of the

committee.".

9. New section 20A inserted

After section 20 of the Ambulance Services Act

1986 insert—

"20A. Membership of committee not an office of

profit

A member of a committee of management of an ambulance service shall not be taken to hold an office or place of profit under the Crown which would—

(a)	prevent the member sitting or voting as a member of the Legislative Council or Legislative Assembly; or
(b)

make void the member's election to the Assembly; or

(c)	prevent the member continuing to be a member of the Legislative Council or Legislative Assembly; or
(d)	subject the member to liability to pay a penalty under the Constitution Act 1975.".

10. Ambulance Services

In the Ambulance Services Act 1986—

(a) section 21(4) is repealed;

Ambulance Services (Amendment) Act 1998

s. 11 Act No. 38/1998

(b) in section 23(1), omit "after the Minister has consulted the Board".

11. Ambulance Officers Training Centre

Part 6 of the Ambulance Services Act 1986 is repealed.

12. Other consequential amendments

In the Ambulance Services Act 1986—

(a) in sections 33, 34(1) and (4), 35(1) and (3), 36(1) and (4)(a) and (b), omit "or the Centre" (wherever occurring);

(b) in section 36(2)(d), omit—

"—

(i)  in the case of the Centre, covers Victoria; and

(ii) in the case of an ambulance service,";

(c) in section 39(1)(b), omit "or the Centre";

(d) in section 39(1)(c), omit "or by the Centre";

(e)	in Part 10, before section 41 insert "Division 1—General";
(f)	in sections 43 and 44(2), (3), (4), (5), (8), and (9), omit "or the Centre"(wherever occurring).

13. New Division 2 inserted

After section 44 of the Ambulance Services Act

1986 insert—

'Division 2—Abolition of Bodies

45. Definitions
In this Division—

Ambulance Services (Amendment) Act 1998

Act No. 38/1998 s. 13

"Board" means the Victorian Ambulance Board created by section 4 as in force immediately before the commencement

of section 5 of the Ambulance

Services (Amendment) Act 1998;

"Centre" means the Ambulance Officers

Training Centre created by section 24
as in force immediately before the
commencement of section 11 of the
Ambulance Services (Amendment)

Act 1998;

"Secretary" means the body corporate

established by section 6 of the Health

Act 1958.

46. Abolition of bodies

(1) The Victorian Ambulance Board is

abolished.

(2) The Ambulance Officers Training Centre is

abolished.

(3) A person holding office as a member of—

(a) the Board; or

(b) the committee of management of the Centre—

immediately before the commencement of
section 11 of the Ambulance Services
(Amendment) Act 1998 ceases to hold that

office.

(4) A person who, immediately before the

commencement of section 11 of the as the Executive Director of the Ambulance

Ambulance Services (Amendment) Act
1998 was an officer or employee of the

Ambulance Services (Amendment) Act 1998

s. 13 Act No. 38/1998

Officers Training Centre under section 31 ceases to be such an officer or employee.

47. Transfer of assets and liabilities

(1) All assets and rights including intellectual

property vested in or held by the Centre
immediately before the commencement of
section 11 of the Ambulance Services
(Amendment) Act 1998 vest in the

Secretary.

(2) All liabilities of the Centre existing

immediately before the commencement of
section 11 of the Ambulance Services
(Amendment) Act 1998 become liabilities
of the Secretary.

(3) The Secretary is substituted as a party to any

agreement, contract, lease or other
arrangement (except any contract, agreement
or arrangement relating to the employment
of an officer or employee referred to in
section 46(4)) and to any proceedings to
which the Centre was a party immediately
before the commencement of section 11 of
the Ambulance Services (Amendment) Act
1998.

(4) Any permit, licence or authority of any kind

issued or granted to the Centre by or under any Act continues to operate as if issued or granted to the Secretary.

(5) All records and documents of the Board and

the Centre become the property of the
Secretary.

48. Certain land to vest in the Secretary (1) The land described in the folios of the

Register under the Transfer of Land Act
1958 with the identifying references of

Ambulance Services (Amendment) Act 1998

Act No. 38/1998 s. 14

volume 8122 folio 663, volume 8122 folio 664 and volume 8122 folio 665 vests in fee simple (together with any appurtenant rights)

in the Secretary, subject to the conditions,
encumbrances, limitations, exceptions,
reservations and restrictions to which the
land was subject immediately before its
vesting under this section.

(2) The Registrar of Titles, on being requested to

do so and on delivery of any relevant
certificate of title, instrument or document
must make any amendments in the Register
under the Transfer of Land Act 1958 that
are necessary because of the operation of this
Division.'.

14. Health Services Act 1988

(1) In section 135 of the Health Services Act 1988,

omit "and the Ambulance Officers Training

Centre".

(2) In section 136(3) of the Health Services Act

1988, after paragraph (b) insert—

"; and

(ba) amounts determined by the Minister as

payable to any person or body providing
education and training associated with
ambulance and related services under any
agreement or arrangement made with the
Secretary under the Ambulance Services

Act 1986; and".

15. Emergency Services Superannuation Act 1986

In the Emergency Services Superannuation Act
1986—

Ambulance Services (Amendment) Act 1998

s. 15 Act No. 38/1998

(a)	in section 3, in paragraph (f) of the definition of "employee", omit "the Ambulance Officer's Training Centre or of";
(b)	in section 4(2), omit "Ambulance Officers' Training Centre or".

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Ambulance Services (Amendment) Act 1998

Act No. 38/1998 Notes

NOTES

†

Minister's second reading speech—

Legislative Assembly: 23 April 1998

Legislative Council: 13 May 1998

The long title for the Bill for this Act was "to amend the Ambulance
Services Act 1986 to make further provision for ambulance services, to
abolish the Victorian Ambulance Board and the Ambulance Officers
Training Centre and to make consequential amendments to other Acts and
for other purposes."