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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Automated External Defibrillators (Public Access)
Bill 2020
A BILL FOR
An Act to require the installation and registration of Automated External
Defibrillators in certain buildings, facilities and vehicles and for other
purposes.
Contents
4Meaning of designated
building or facility
5Meaning of prescribed
building
Part 2—Automated External
Defibrillators—general requirements
7Installation of Automated External
Defibrillators—buildings and facilities
8Installation of
Automated External Defibrillators—vehicles
Part 3—Register and other
matters
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Automated External Defibrillators (Public
Access) Act 2020.
This Act comes into operation 12 months after the day on which it is
assented to by the Governor.
(1) In this Act, unless the contrary intention appears—
Australian Register of Therapeutic Goods means the register
maintained under section 9A of the Therapeutic Goods Act 1989 of the
Commonwealth;
Automated External Defibrillator means a portable device able
to treat cardiac arrest by applying an electric shock to restore normal heart
rhythm that is—
(a) included on the Australian Register of Therapeutic Goods; or
(b) if there is no Automated External Defibrillator included on the
Australian Register of Therapeutic Goods—approved by the Minister for the
purposes of this Act;
Building Code means the Building Code of Australia published
by the Australian Building Codes Board in the National Construction Code series
(as in force from time to time);
designated building or facility—see
section 4
;
emergency services organisation means—
(a) the South Australian Country Fire Service; or
(b) the South Australian Metropolitan Fire Service; or
(c) South Australia Police; or
(d) the South Australian State Emergency Service; or
(e) an organisation prescribed by the regulations;
major works means improvements, repairs or other physical
changes to a building the cost of which exceeds $100 000;
prescribed building—see
section 5
;
prescribed vehicle—see
section 8(4)
;
public building or facility means a place to which the public
has access (whether or not admission is obtained by payment of money) and
includes—
(a) a swimming pool; and
(b) a library; and
(c) a local government office; and
(d) a town hall; and
(e) a building or facility prescribed by the regulations,
but does not include a building or facility excluded from the ambit of this
definition by the regulations;
relevant authority, for an emergency services organisation,
means—
(a) in the case of the South Australian Country Fire Service
(SACFS)—the Chief Officer of SACFS; or
(b) in the case of the South Australian Metropolitan Fire Service
(SAMFS)—the Chief Officer of SAMFS; or
(c) in the case of South Australia Police—the Commissioner of
Police; or
(d) in the case of the South Australian State Emergency Service
(SASES)—the Chief Officer of SASES; or
(e) in the case of an organisation prescribed by the regulations—the
person prescribed by the regulations as the relevant authority for the
organisation;
relevant day means the day on which this Act comes into
operation;
retirement village has the same meaning as in the
Retirement
Villages Act 1987
;
school has the same meaning as in the
Education
and Early Childhood Services (Registration and Standards)
Act 2011
;
smartphone means mobile telephone with an operating system
capable of running software applications;
tertiary institution includes a university and TAFE
SA;
vehicle includes aircraft and a boat but does not include a
motorbike, horse or a vehicle excluded from the ambit of this definition by the
regulations.
(2) A reference in this Act, other than in
section 10
, to an Automated External Defibrillator installed in a building or
facility includes a reference to an Automated External Defibrillator installed
in an external area on or around the building or facility.
4—Meaning
of designated building or facility
For the purposes of this Act, the following buildings or facilities
are
designated buildings or facilities (whether constructed
before or after the relevant day):
(a) a public building or facility;
(b) a prescribed sporting facility;
(c) a school, tertiary institution or facility that provides skills
training;
(d) a correctional institution (within the meaning of the
Correctional
Services Act 1982
) or custodial police station (within the meaning of section 78 of the
Summary
Offences Act 1953
);
(e) a retirement village;
(f) a facility that provides residential care within the meaning of the
Aged Care Act 1997 of the Commonwealth (whether constructed before
or after the relevant day);
(g) a caravan park;
(h) a residential park occupied (or that allows for occupation) by more
than 12 residents (within the meaning of the
Residential
Parks Act 2007
);
(i) a casino or other venue where gambling is authorised;
(j) a theatre or other venue where artistic or cultural performances are
provided;
(k) without limiting a preceding paragraph or the definition of
public building or facility—
(i) a class 2 building under the Building Code with more than
10 sole occupancy units (within the meaning of the Building Code);
or
(ii) a class 5, 6, 7 or 8 building under the Building Code,
other than a farm shed or farm building (within the meaning of the Building
Code); or
(iii) a class 9 building under the Building Code;
(l) a building or facility, or class of building or facility, prescribed
by the regulations.
5—Meaning
of prescribed building
For the purposes of this Act, the following buildings are prescribed
buildings:
(a) a building on land used for commercial purposes if—
(i) construction of the building commences after the relevant day;
or
(ii) major works to the building commence after the relevant
day,
and if, after completion of the construction or major works, the floor area
of the building will be more than
600 m2;
(b) a building with a floor area of more than
600 m2 (whether constructed before or
after the relevant day) on land in respect of which there is, after the relevant
day, a change in the use of the land to use for commercial purposes;
(c) a building, or class of buildings, prescribed by the
regulations.
This Act binds the Crown in right of the State and also, so far as the
legislative power of the State extends, the Crown in all its other capacities,
but not so as to impose any criminal liability on the Crown.
Part 2—Automated
External Defibrillators—general requirements
7—Installation
of Automated External Defibrillators—buildings and
facilities
(a) a designated building or facility; or
(b) a prescribed building,
must—
(c) in the case of a relevant designated building or facility or
prescribed building—ensure that 1 Automated External Defibrillator is
installed in the building or facility for every
1 200 m2 of floor area of the
building or facility; or
(d) in any other case—ensure that an Automated External
Defibrillator is installed in the building or facility.
(2) A person who contravenes or fails to comply with a requirement under
this section is guilty of an offence.
Maximum penalty: $20 000.
(3) In this section—
relevant designated building or facility or prescribed
building means a designated building or facility or prescribed building
that—
(a) is on land used for commercial purposes; and
(b) has a floor area of more than
1 200 m2.
8—Installation
of Automated External Defibrillators—vehicles
(1) The relevant
authority for an emergency services organisation must ensure that an Automated
External Defibrillator is installed in each vehicle used in the provision of
emergency services by the organisation.
(2) The owner of a
prescribed vehicle must ensure that an Automated External Defibrillator is
installed in the vehicle.
(3) A person who contravenes or fails to comply with a requirement under
subsection (2)
is guilty of an offence.
Maximum penalty: $20 000.
bus means a motor vehicle built mainly to carry people that
seats over 14 adults (including the driver);
prescribed vehicle means a train, tram, public bus or any
other vehicle prescribed by the regulations for the purposes of this
section;
public bus means a bus engaged in regular passenger services
under the
Passenger
Transport Act 1994
.
(1) A designated entity in respect of a building, facility or vehicle in
which an Automated External Defibrillator is installed in accordance with this
Act must ensure that the Automated External Defibrillator is—
(a) properly maintained; and
(b) tested at least once every 12 months.
(2) A person who contravenes or fails to comply with a requirement under
this section is guilty of an offence.
Maximum penalty: $20 000.
(3) In this section—
designated entity, in respect of a building, facility or
vehicle in which an Automated External Defibrillator is installed,
means—
(a) in the case of a building or facility—the owner of the building
or facility; or
(b) in the case of a vehicle used in the provision of emergency
services—the relevant authority for the emergency services organisation
responsible for installation of the Automated External Defibrillator in the
vehicle under
section 8(1)
; or
(c) in the case of a prescribed vehicle—the owner of the prescribed
vehicle.
(1) If an Automated External Defibrillator is installed inside a building
or facility, the owner of the building or facility must—
(a) near to the Automated External Defibrillator; and
(b) outside, and near to an entrance of, the building or
facility,
install a sign indicating that an Automated External Defibrillator is
nearby.
(2) If an Automated External Defibrillator is installed outside a building
or facility, the owner of the building or facility must, near to the Automated
External Defibrillator, install a sign indicating that an Automated External
Defibrillator is nearby.
(3) If an Automated External Defibrillator is installed in a
vehicle—
(a) in the case of a vehicle used in the provision of emergency
services—the relevant authority for the emergency services organisation
responsible for installation of the Automated External Defibrillator in the
vehicle under
section 8(1)
; or
(b) in the case of a prescribed vehicle—the owner of the prescribed
vehicle,
must, on the outside of the vehicle, install a sign indicating that an
Automated External Defibrillator is in the vehicle.
(4) A person who contravenes or fails to comply with a requirement under
this section is guilty of an offence.
Maximum penalty: $2 500.
(5) The regulations may prescribe additional requirements in relation to
signs.
Part 3—Register
and other matters
In this Part—
Minister means the Minister responsible for the
administration of the
Health
Care Act 2008
.
(1) The Minister must establish and maintain a register of Automated
External Defibrillators installed in accordance with this Act.
(2) The register
must contain the following information in respect of each Automated External
Defibrillator:
(a) its location;
(b) the times during which it is accessible by the public;
(c) information prescribed by the regulations.
(3) The register must be published on a website determined by the Minister
and accessible by the public without charge.
(4) A designated
entity in respect of a building, facility or vehicle in which an Automated
External Defibrillator is installed must—
(a) provide the
information set out in
subsection (2)
to the Minister in the manner and form determined by the
Minister—
(i) in the case of an Automated External Defibrillator installed before
the relevant day—within 2 weeks after the relevant day; or
(ii) in any other case—within 2 weeks after the installation;
and
(b) notify the Minister in the manner and form determined by the Minister
of any change to the information provided in accordance with
paragraph (a)
within 2 weeks after the change.
(5) A person who contravenes or fails to comply with a requirement under
subsection (4)
is guilty of an offence.
Maximum penalty: $2 500.
(6) In this section—
designated entity, in respect of a building, facility or
vehicle in which an Automated External Defibrillator is installed,
means—
(a) in the case of a building or facility—the owner of the building
or facility; or
(b) in the case of a vehicle used in the provision of emergency
services—the relevant authority for the emergency services organisation
responsible for installation of the Automated External Defibrillator in the
vehicle under
section 8(1)
; or
(c) in the case of a prescribed vehicle—the owner of the prescribed
vehicle.
(1) The Minister must ensure that the information contained in the
register of Automated External Defibrillators under
section 12
is also available on a software application compatible with
smartphones.
(2) The software application must be able to provide directions from the
location of the operator of the software application to the Automated External
Defibrillators.
(1) The Minister
must develop and implement a strategy for the purposes of informing the public
about Automated External Defibrillators, and the strategy must include
information about the following:
(a) locating and registering existing Automated External
Defibrillators;
(b) installing signs indicating that an Automated External Defibrillator
is nearby;
(c) the fact that a person does not need to be trained to use an Automated
External Defibrillator.
(2) The strategy must be implemented as soon as practicable after the
relevant day and the Minister must ensure that it is promoted for at least
5 years.
(1) The Minister
must establish a scheme for the provision of training in the use of Automated
External Defibrillators to the following persons:
(a) a person who must complete first aid training in accordance with the
Education and Care Services National Law (South Australia);
(b) a person who must complete first aid training in accordance with the
Work
Health and Safety Act 2012
;
(c) any other person, or class of persons, prescribed by the
regulations.
(2) The scheme must ensure that the persons referred to in
subsection (1)
are provided with training within 3 years of the relevant day and within
each 3 year period thereafter.
16—Regulations
and fee notices
(1) The Governor
may make such regulations as are contemplated by, or necessary or expedient for
the purposes of, this Act.
(2) Without limiting the generality of
subsection (1)
, the regulations may—
(a) exempt a person, or a class of persons, from the application of this
Act or a specified provision or provisions of this Act; and
(b) provide for the payment, recovery or waiver of fees prescribed by fee
notice; and
(c) provide for fines, not exceeding $10 000, for offences against
the regulations; and
(d) provide for expiation fees, not exceeding $315, for offences
against the regulations; and
(e) provide for the facilitation of proof of the commission of offences
against the regulations.
(3) The regulations may—
(a) be of general or limited application; and
(b) make different provision according to the matters or circumstances to
which they are expressed to apply; and
(c) make provisions of a saving or transitional nature consequent on the
enactment of this Act or on the making of regulations under this Act;
and
(d) provide that a matter or thing in respect of which regulations may be
made is to be determined according to the discretion of the Minister or a
specified person or body; and
(e) apply or incorporate, wholly or partially and with or without
modification, a code, standard, policy or other document prepared or published
by the Minister or a specified person or body.
(4) If a code, standard or other document is referred to or incorporated
in the regulations—
(a) a copy of the code, standard or other document must be kept available
for public inspection, without charge and during ordinary office hours, at an
office or offices specified in the regulations; and
(b) evidence of the contents of the code, standard or other document may
be given in any legal proceedings by production of a document apparently
certified by the Minister to be a true copy of the code, standard or other
document.
(5) The Minister may prescribe fees for the purposes of this Act by fee
notice under the
Legislation
(Fees) Act 2019
.