South Australian Numbered Acts South Australian Numbered Acts58—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.