South Australian Numbered Acts

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HEALTH CARE ACT 2008 (NO 3 OF 2008) - SECT 58

58—Licence to provide non-emergency ambulance services

        (1)         A person must not provide non-emergency ambulance services unless—

            (a)         the services are carried out—

                  (i)         by SAAS; or

                  (ii)         by a person acting under the direction or request of SAAS; or

            (b)         the person holds a licence under this section (a "restricted ambulance service licence ); or

            (c)         the services are provided by a person or a person of a class, or in circumstances, prescribed by regulation; or

            (d)         the services are provided under an exemption granted by the Minister under this Part.

Maximum penalty: $20 000.

        (2)         An application for a licence under this section—

            (a)         must be made to the Minister; and

            (b)         must conform to the requirements of the Minister about its form, contents and the manner in which it is made; and

            (c)         must be accompanied by the fee fixed by the Minister.

        (3)         An application for a licence must set out details of services proposed to be provided under the licence.

        (4)         The Minister may, by written notice, require the applicant—

            (a)         to provide further information, documents or records relevant to the application; or

            (b)         to allow persons authorised by the Minister to inspect premises, vehicles, plant or equipment proposed to be used by the applicant in connection with activities proposed to be authorised by the licence.

        (5)         The Minister may refuse the application if the applicant does not comply with a requirement under subsection (4).

        (6)         The Minister may, pending determination of an application for licence, grant a temporary licence under this section.

        (7)         A temporary licence operates for a term not exceeding 6 months and on conditions determined by the Minister.

        (8)         The Minister may grant a licence to a person under this section if, in the Minister's opinion—

            (a)         the services proposed to be provided under the licence are non-emergency ambulance services; and

            (b)         the person has the capacity to provide those services at a standard appropriate for the licence; and

            (c)         the person is a fit and proper person to hold the licence.

        (9)         The Minister may, if he or she thinks fit, grant a licence to an applicant for an indefinite period or for a limited term specified in the licence.

        (10)         A licence is not transferable.

        (11)         The Minister may attach such conditions to a licence as the Minister thinks fit.

        (12)         The Minister may, on giving notice in writing to the holder of a licence—

            (a)         vary the existing conditions of the licence or attach new conditions to the licence;

            (b)         revoke a condition of the licence.

        (13)         A person who contravenes or fails to comply with a condition of a licence is guilty of an offence.

Maximum penalty: $20 000.

        (14)         The Minister may, by the terms or conditions of a licence, limit the scope of a licence to specified services or classes of services.

        (15)         If, in the opinion of the Minister—

            (a)         a person has contravened, or failed to comply with, a provision of this Act or a condition of a licence; or

            (b)         action should be undertaken under this section in the public interest,

the Minister may, by notice in writing to the holder of the licence, suspend or revoke a licence under this section.

        (16)         A suspension under subsection (15) may be—

            (a)         for a period specified by the Minister; or

            (b)         until the Minister removes the suspension by further notice to the holder of the licence.

        (17)         A person who objects to a decision of the Minister under this section—

            (a)         refusing to grant a licence to the person; or

            (b)         attaching conditions to, or varying conditions of, a licence granted to the person; or

            (c)         suspending or revoking a licence granted to the person,

may appeal against the decision to the Administrative and Disciplinary Division of the District Court.

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