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NON-EMERGENCY PATIENT TRANSPORT BILL 2003

                                                                     PARLIAMENT OF VICTORIA

                                                            Non-Emergency Patient Transport Act 2003
Victorian Legislation and Parliamentary Documents




                                                                                      Act No.


                                                                           TABLE OF PROVISIONS
                                                    Clause                                                                    Page

                                                    PART 1--PRELIMINARY                                                          1
                                                      1.     Purposes                                                            1
                                                      2.     Commencement                                                        2
                                                      3.     Definitions                                                         2
                                                      4.     Non-application of Act                                              4

                                                    PART 2--LICENSING NON-EMERGENCY PATIENT
                                                    TRANSPORT SERVICE OPERATORS                                                  6
                                                    Division 1--Offences                                                         6
                                                      5.     Offence to operate a non-emergency patient transport service
                                                             without a licence                                                   6
                                                      6.     Offence to claim licence holder or accreditation status             6
                                                    Division 2--Approval in Principle to be Licensed                             7
                                                      7.     Grant of approval in principle                                      7
                                                      8.     Application for approval in principle                               7
                                                      9.     Matters the Secretary must consider in deciding whether or
                                                             not to grant an approval in principle                               8
                                                      10.    Time limit for making decision on an application for approval
                                                             in principle                                                        8
                                                      11.    Certificate of approval in principle                                9
                                                      12.    Transfer or variation of certificate of approval in principle       9
                                                    Division 3--Granting, Renewal and Variation of Non-Emergency
                                                    Patient Transport Service Licences                                          10
                                                      13.    Grant of a non-emergency patient transport service licence         10
                                                      14.    Application for a non-emergency patient transport service
                                                             licence                                                            11
                                                      15.    Matters the Secretary must consider in deciding whether or
                                                             not to grant a licence                                             11
                                                      16.    Time limit for making decision on an application for the grant
                                                             of licence                                                         12
                                                      17.    Conditions on licences                                             13
                                                      18.    Particulars of licences                                            13



                                                                                           i
                                                    551083B.I1-29/8/2003                            BILL LA CIRCULATION 29/8/2003

 


 

Clause Page 19. Duration of licences 14 20. Power of Secretary to renew licences 14 21. Application to renew a licence 14 Victorian Legislation and Parliamentary Documents 22. Matters the Secretary must consider in deciding whether or not to renew a licence 15 23. Time limit for making decision on application for renewal of licence 15 24. Power of the Secretary to vary licences 16 25. Variation of licence on the motion of the Secretary 16 26. Application to vary a licence 17 27. Matters the Secretary must consider in deciding on certain applications for variation 17 28. Time limit for making decision on application for variation of licence 18 29. Surrender of licence 18 Division 4--Suspension and Cancellation of Non-Emergency Patient Transport Service Licences 19 30. Suspension of licence and notice of proposal to cancel 19 31. Making of submissions on suspension 20 32. Powers of the Secretary where a non-emergency patient transport service licence has been suspended 20 33. Notice of Secretary's decision 22 34. Coming into effect of cancellation 22 Division 5--Accreditation to operate particular stand-by services at public events 22 35. Granting of a stand-by service accreditation 22 36. Time limit on making decision on application for the grant of an accreditation 23 37. Duration and renewal of accreditation 23 38. Cancellation of accreditation 24 Division 6--General Matters 25 39. Fit and proper person 25 40. Endorsement of licence 25 41. Change of directors etc. 26 42. Legal personal representatives 26 PART 3--REVIEW BY VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL 28 43. Review by VCAT 28 44. Time period for making application for review 28 ii 551083B.I1-29/8/2003 BILL LA CIRCULATION 29/8/2003

 


 

Clause Page PART 4--INSPECTION AND ENFORCEMENT POWERS 30 Division 1--Inspection 30 Victorian Legislation and Parliamentary Documents 45. Appointment of authorised officers 30 46. Authorised officer's identity card 30 47. Production of identity card 30 48. Production of vehicles or documents for inspection 30 49. Self-incrimination 31 50. Offences relating to inspection 32 Division 2--Enforcement 33 51. Proceedings for offences 33 52. Service of documents 33 53. Offences by bodies corporate 33 54. Imputing states of mind to bodies corporate 34 55. Liability of body corporate or employer for acts of others 34 PART 5--INFRINGEMENT NOTICES 35 56. Power to serve a notice 35 57. Form of notice 35 58. Late payment of penalty 36 59. Withdrawal of notice 36 60. Payment expiates offence 37 61. Application of penalty 37 62. Prosecution after service of infringement notice 38 63. Enforcement of infringement penalty 38 PART 6--REGULATION MAKING POWERS 40 64. Regulations 40 PART 7--AMENDMENTS TO OTHER ACTS 44 65. Amendment to heading in Ambulance Services Act 1986 44 66. Amendment of Ambulance Services Act 1986--Liability to pay fees 44 67. Insertion of new section 10A in the Ambulance Services 44 Act 1986 10A. Non-application of section 141 of the Health Services 44 Act 1988 68. Amendment of the Transport Act 1983--Commercial passenger vehicle licences 45 ENDNOTES 46 INDEX 47 iii 551083B.I1-29/8/2003 BILL LA CIRCULATION 29/8/2003

 


 

PARLIAMENT OF VICTORIA Initiated in Assembly 26 August 2003 Victorian Legislation and Parliamentary Documents A BILL to regulate the operation of the non-emergency transport of persons to or from medical services and the operation of particular stand-by services at public events, to amend the Ambulance Services Act 1986 and for other purposes. Non-Emergency Patient Transport Act 2003 The Parliament of Victoria enacts as follows: PART 1--PRELIMINARY 1. Purposes The purposes of this Act are-- (a) to establish a licensing system for certain 5 persons who operate services providing non- emergency transport to or from medical 551083B.I1-29/8/2003 BILL LA CIRCULATION 29/8/2003 1

 


 

Non-Emergency Patient Transport Act 2003 Act No. Part 1--Preliminary s. 2 services using stretcher carrying vehicles or offering specialist clinical care or monitoring during transport; and Victorian Legislation and Parliamentary Documents (b) to otherwise make provision for the 5 regulation of persons operating non- emergency transport to or from medical services using stretcher carrying vehicles or offering specialist clinical care or monitoring during transport; and 10 (c) to establish a system of accreditation for non-emergency patient transport licence holders who operate particular stand-by services for participants in public events who suffer unanticipated illness or injury during 15 the events; and (d) to amend the Ambulance Services Act 1986 and the Transport Act 1983; and (e) to make other related provisions. 2. Commencement 20 (1) Subject to sub-section (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 1 February 2006, it comes into operation on that day. 25 3. Definitions In this Act-- "ambulance service" has the same meaning as in the Ambulance Services Act 1986; "approval in principle" means an approval in 30 principle granted under section 7(1); "authorised officer" means a person appointed as an authorised officer under section 45; 2 551083B.I1-29/8/2003 BILL LA CIRCULATION 29/8/2003

 


 

Non-Emergency Patient Transport Act 2003 Act No. Part 1--Preliminary s. 3 "Co-ordinator in Chief" has the same meaning as in the Emergency Management Act 1986; Victorian Legislation and Parliamentary Documents "denominational hospital" has the same 5 meaning as in the Health Services Act 1988; "Department" means the Department of Human Services; "emergency area" has the same meaning as in the Emergency Management Act 1986; 10 "non-emergency patient transport service" means a service that offers or provides for-- (a) the transport of persons on public roads to or from medical services-- (i) using a stretcher carrying vehicle; 15 or (ii) where the persons being transported are provided with specialist clinical care or monitoring while being so 20 transported; or (b) the transport of persons by air to or from medical services where the persons being transported-- (i) are transported on stretchers; and 25 (ii) are provided with specialist clinical care or monitoring by the person operating the transport service; "non-emergency patient transport service 30 licence" means a licence granted under section 13(1); "public hospital" has the same meaning as in the Health Services Act 1988; 3 551083B.I1-29/8/2003 BILL LA CIRCULATION 29/8/2003

 


 

Non-Emergency Patient Transport Act 2003 Act No. Part 1--Preliminary s. 4 "Secretary" means the person who is for the time being the Department Head (within the meaning of the Public Sector Management Victorian Legislation and Parliamentary Documents and Employment Act 1998) of the 5 Department; "specialist clinical care or monitoring" means clinical care or monitoring that is performed by persons who are trained to assess, monitor and protect the health of sick or injured 10 persons during transport; "stand-by service accreditation" means an accreditation granted under section 35(1); "vehicle" includes any helicopter, aeroplane or other aircraft by which persons may be 15 transported by air to or from medical services. 4. Non-application of Act (1) This Act does not apply to-- (a) any branch of the Australian Defence forces; 20 and (b) any service in another State or a Territory of the Commonwealth, that operates an emergency service that corresponds in nature with the emergency service operated by an 25 ambulance service in Victoria; and (c) any person in an emergency area who, in operating a non-emergency patient transport service, is acting under the authorisation or direction of-- 30 (i) the person who has declared the area to be an emergency area; or (ii) the Co-ordinator in Chief; and 4 551083B.I1-29/8/2003 BILL LA CIRCULATION 29/8/2003

 


 

Non-Emergency Patient Transport Act 2003 Act No. Part 1--Preliminary s. 4 (d) any other person or class of person whom the Governor in Council declares to be a person or class of person to whom this Act does not Victorian Legislation and Parliamentary Documents apply. 5 (2) For the purposes of sub-section (1)(d), the Governor in Council may, by Order, declare a person or class of person to be a person or class of person to whom this Act does not apply. __________________ 5 551083B.I1-29/8/2003 BILL LA CIRCULATION 29/8/2003

 


 

Non-Emergency Patient Transport Act 2003 Act No. Part 2--Licensing Non-Emergency Patient Transport Service Operators s. 5 PART 2--LICENSING NON-EMERGENCY PATIENT TRANSPORT SERVICE OPERATORS Victorian Legislation and Parliamentary Documents Division 1--Offences 5. Offence to operate a non-emergency patient 5 transport service without a licence (1) A person must not operate a non-emergency patient transport service unless that person holds a non-emergency patient transport service licence. Penalty: 240 penalty units. 10 (2) Sub-section (1) does not apply to each of the following persons when the person is operating a non-emergency patient transport service-- (a) an ambulance service; or (b) a public hospital or denominational hospital; 15 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 sub- section (1) does not apply. 20 (3) For the purposes of sub-section (2), the Governor in Council may, by Order, declare a person or class of person to be a person or class of person to whom sub-section (1) does not apply. 6. Offence to claim licence holder or accreditation 25 status (1) A person who is not the holder of a non- emergency patient transport service licence must not-- (a) take or use any title calculated to induce a 30 belief that the person is such a licence holder; or 6 551083B.I1-29/8/2003 BILL LA CIRCULATION 29/8/2003

 


 

Non-Emergency Patient Transport Act 2003 Act No. Part 2--Licensing Non-Emergency Patient Transport Service Operators s. 7 (b) claim or hold out to be such a licence holder. Penalty: 50 penalty units. Victorian Legislation and Parliamentary Documents (2) Sub-section (1) does not apply to a person who is the holder of an approval in principle. 5 (3) A person who is not the holder of a stand-by service accreditation must not-- (a) take or use any title calculated to induce a belief that the person holds such an accreditation; or 10 (b) claim or hold out to be the holder of such an accreditation. Penalty: 50 penalty units. Division 2--Approval in Principle to be Licensed 7. Grant of approval in principle 15 (1) The Secretary may grant an approval in principle to a person to operate a non-emergency patient transport service. (2) In granting an approval in principle, the Secretary may specify, that the approval is granted-- 20 (a) for the service to operate the particular class or particular classes of non-emergency patient transport specified in the approval; or (b) for the service to operate all classes of non- emergency patient transport. 25 8. Application for approval in principle (1) A person may apply to the Secretary for the grant of an approval in principle. (2) An application under sub-section (1)-- (a) must be in the prescribed form; and 30 (b) must be accompanied by the prescribed fee. 7 551083B.I1-29/8/2003 BILL LA CIRCULATION 29/8/2003

 


 

Non-Emergency Patient Transport Act 2003 Act No. Part 2--Licensing Non-Emergency Patient Transport Service Operators s. 9 (3) A person making an application under sub- section (1) must give the Secretary any further information relating to the application that the Victorian Legislation and Parliamentary Documents Secretary requests including, if the person who is 5 to be the operator of the 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. 10 9. Matters the Secretary must consider in deciding whether or not to grant an approval in principle (1) The Secretary must not grant an approval in principle unless the Secretary is satisfied that-- (a) in the case of an applicant for an approval in 15 principle who is a natural person, the person is a fit and proper person; or (b) in the case of an applicant for an approval in principle who is a body corporate, each director or officer of the body corporate who 20 does or may exercise control over the service is a fit and proper person. (2) In determining whether or not to grant an approval in principle, the Secretary may consider whether or not the vehicles proposed to be used in the 25 service are suitable for that use having regard to-- (a) the safety, health and well being needs of the persons who are likely to be transported in the vehicles; and (b) any other requirements imposed by the 30 regulations. 10. Time limit for making decision on an application for approval in principle The Secretary must make and give notice in writing to an applicant under section 8 of his or 35 her decision on the application-- 8 551083B.I1-29/8/2003 BILL LA CIRCULATION 29/8/2003

 


 

Non-Emergency Patient Transport Act 2003 Act No. Part 2--Licensing Non-Emergency Patient Transport Service Operators s. 11 (a) within 60 days after receiving the application; or Victorian Legislation and Parliamentary Documents (b) if the Secretary has requested the applicant to give further information, within 28 days after 5 the information last requested is given to the Secretary-- whichever is the later. 11. Certificate of approval in principle If the Secretary grants an approval in principle, he 10 or she 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 15 (c) the types of vehicles for which the approval is granted; and (d) the classes of non-emergency patient transport services for which the approval is granted; and 20 (e) 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). 25 12. Transfer or variation of certificate of approval in principle (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 30 class of non-emergency patient transport service may-- (a) vary the certificate or any condition to which it is subject; or 9 551083B.I1-29/8/2003 BILL LA CIRCULATION 29/8/2003

 


 

Non-Emergency Patient Transport Act 2003 Act No. Part 2--Licensing Non-Emergency Patient Transport Service Operators s. 13 (b) approve the transfer of the certificate to another person. Victorian Legislation and Parliamentary Documents (2) Sections 8 and 9 apply to an application for variation or transfer of a certificate as if the 5 application were an application for the grant of an approval in principle. (3) If the Secretary-- (a) has varied an approval in principle or any condition to which an approval in principle is 10 subject; or (b) has transferred an approval in principle to another person-- the person who possesses the certificate of approval in principle to which that variation or 15 transfer relates must produce the certificate to the Secretary for endorsement by the Secretary of the particulars of the variation or transfer. Division 3--Granting, Renewal and Variation of Non-Emergency Patient Transport Service Licences 20 13. Grant of a non-emergency patient transport service licence (1) The Secretary may licence a person to operate a non-emergency patient transport service. (2) In granting a non-emergency patient transport 25 service licence, the Secretary may specify, that the licence is granted-- (a) for the service to operate the particular class or particular classes of non-emergency patient transport specified in the licence; or 30 (b) for the service to operate all classes of non-emergency patient transport. 10 551083B.I1-29/8/2003 BILL LA CIRCULATION 29/8/2003

 


 

Non-Emergency Patient Transport Act 2003 Act No. Part 2--Licensing Non-Emergency Patient Transport Service Operators s. 14 14. Application for a non-emergency patient transport service licence Victorian Legislation and Parliamentary Documents (1) A person may apply to the Secretary for the grant of a non-emergency patient transport service 5 licence. (2) An application under sub-section (1)-- (a) must be in the prescribed form; and (b) must be accompanied by the prescribed fee; and 10 (c) if a certificate of approval in principle has been given for the service in respect of which the application is being made, must be accompanied by a copy of that certificate. (3) An applicant must give the Secretary any further 15 information relating to the application that the Secretary requests. 15. Matters the Secretary must consider in deciding whether or not to grant a licence (1) The Secretary must not grant a non-emergency 20 patient transport service licence unless the Secretary is satisfied that-- (a) in the case of an applicant who is a natural person, the applicant is a fit and proper person; or 25 (b) in the case of an applicant who 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. 11 551083B.I1-29/8/2003 BILL LA CIRCULATION 29/8/2003

 


 

Non-Emergency Patient Transport Act 2003 Act No. Part 2--Licensing Non-Emergency Patient Transport Service Operators s. 16 (2) In deciding whether or not to grant a licence, the Secretary must consider-- Victorian Legislation and Parliamentary Documents (a) in relation to the service for which the licence is to be granted-- 5 (i) the suitability of the equipment and vehicles to be used in the service; and (ii) whether or not there are operating arrangements for the management and staff of the service that are suitable and 10 comply with the regulations; and (iii) whether or not there are arrangements for maintaining the quality of the service that are appropriate; and (iv) whether or not there are arrangements 15 for evaluating, monitoring and improving the quality of the service that are appropriate; and (b) whether or not the conditions to which the approval in principle (if any) is subject have 20 been met. (3) 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 25 which the application for the licence has been made. 16. Time limit for making decision on an application for the grant of licence The Secretary must make and give notice in 30 writing to an applicant under section 14 of his or her decision on the application-- (a) within 60 days after receiving the application; or 12 551083B.I1-29/8/2003 BILL LA CIRCULATION 29/8/2003

 


 

Non-Emergency Patient Transport Act 2003 Act No. Part 2--Licensing Non-Emergency Patient Transport Service Operators s. 17 (b) if the Secretary has requested the applicant to give further information, within 28 days after the information last requested is given to the Victorian Legislation and Parliamentary Documents Secretary-- 5 whichever is the later. 17. Conditions on licences (1) A non-emergency patient transport service licence is subject to any conditions-- (a) that are prescribed; and 10 (b) that the Secretary imposes on the licence or on the class of licence to which the licence belongs. (2) A licence holder must comply with the conditions to which the licence is subject. 15 Penalty: 240 penalty units. 18. Particulars of licences A non-emergency patient transport service licence must contain the following particulars-- (a) the name and address of the holder of the 20 licence; and (b) the class or classes of services that may be operated under the licence; and (c) the type or types of vehicles for which the licence is issued; and 25 (d) the conditions to which the licence is subject; and (e) the date on which the licence expires; and (f) any other prescribed matter. 13 551083B.I1-29/8/2003 BILL LA CIRCULATION 29/8/2003

 


 

Non-Emergency Patient Transport Act 2003 Act No. Part 2--Licensing Non-Emergency Patient Transport Service Operators s. 19 19. Duration of licences A non-emergency patient transport service licence Victorian Legislation and Parliamentary Documents continues in force for the period that is specified in the licence, being 2 years from the issue or 5 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). 20. Power of Secretary to renew licences 10 On the expiration of a non-emergency patient transport service licence, the Secretary may renew the licence. 21. Application to renew a licence (1) Before a non-emergency patient transport service 15 licence expires, the holder may apply to the Secretary for the renewal of the licence. (2) An application under sub-section (1)-- (a) must be in the prescribed form; and (b) must be accompanied-- 20 (i) if the application is made at least three months before the licence expires, by the prescribed fee; or (ii) if the application is made within the period of three months before the 25 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 30 application that the Secretary requests. 14 551083B.I1-29/8/2003 BILL LA CIRCULATION 29/8/2003

 


 

Non-Emergency Patient Transport Act 2003 Act No. Part 2--Licensing Non-Emergency Patient Transport Service Operators s. 22 (4) A non-emergency patient transport service licence in respect of which an application is made under this section, is deemed to continue in force, after Victorian Legislation and Parliamentary Documents the expiry of the licence period, until the Secretary 5 makes a decision in relation to the application. 22. Matters the Secretary must consider in deciding whether or not to renew a licence (1) The Secretary must not renew a non-emergency patient transport service licence unless the 10 Secretary is satisfied that-- (a) in the case of the holder of a licence who is a natural person, the holder is a fit and proper person; or (b) in the case of the holder of a licence who is a 15 body corporate, each director or officer of the body corporate who does or may exercise control over the service is a fit and proper person. (2) In determining whether or not to renew a licence, 20 the Secretary must consider whether or not-- (a) the quality of the services operated under the licence is satisfactory; and (b) the service operated under the licence complies with this Act, the regulations and 25 any other law relating to or affecting the operation of a non-emergency patient transport service; and (c) the conditions to which the licence is subject have been complied with. 30 23. Time limit for making decision on application for renewal of licence The Secretary must make and give notice in writing to an applicant under section 21 of his or her decision on the application-- 15 551083B.I1-29/8/2003 BILL LA CIRCULATION 29/8/2003

 


 

Non-Emergency Patient Transport Act 2003 Act No. Part 2--Licensing Non-Emergency Patient Transport Service Operators s. 24 (a) within 60 days after receiving the application; or Victorian Legislation and Parliamentary Documents (b) if the Secretary has requested the applicant to give further information, within 28 days after 5 the information last requested is given to the Secretary-- whichever is the later. 24. Power of the Secretary to vary licences The Secretary may, either on the application of the 10 holder of a non-emergency patient transport service licence, or on the Secretary's own motion-- (a) vary a non-emergency patient transport service licence; or 15 (b) vary a condition on a non-emergency patient transport service licence, other than a prescribed condition. 25. Variation of licence on the motion of the Secretary (1) Before-- 20 (a) varying a non-emergency patient transport service licence; or (b) varying a condition on a non-emergency patient transport service licence-- of his or her own motion under section 24, the 25 Secretary must-- (c) notify the holder of the licence; and (d) allow the holder an opportunity to make written submissions. (2) Submissions under sub-section (1) must be made 30 within the time period specified in the notice. 16 551083B.I1-29/8/2003 BILL LA CIRCULATION 29/8/2003

 


 

Non-Emergency Patient Transport Act 2003 Act No. Part 2--Licensing Non-Emergency Patient Transport Service Operators s. 26 (3) In making a decision as to whether or not to vary a licence under section 24, the Secretary must-- Victorian Legislation and Parliamentary Documents (a) have regard to submissions made within the period for making submissions; and 5 (b) notify the holder of his or her decision. (4) A variation to which sub-section (1) applies has effect from the time specified in the notice under sub-section (3). 26. Application to vary a licence 10 (1) The holder of a non-emergency patient transport 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 sub-section (1)-- 15 (a) must be in the prescribed form; and (b) must be accompanied by the prescribed fee. (3) An applicant under sub-section (1) must give to the Secretary any further information relating to the application that the Secretary requests. 20 27. Matters the Secretary must consider in deciding on certain applications for variation In deciding on an application by a non-emergency patient transport service licence holder to-- (a) vary the licence; or 25 (b) vary a condition on the licence-- to enable the holder to operate an additional class or classes of service under the licence, the Secretary must consider-- (c) the suitability of the equipment and vehicles 30 to be used in the additional class or classes of service; and 17 551083B.I1-29/8/2003 BILL LA CIRCULATION 29/8/2003

 


 

Non-Emergency Patient Transport Act 2003 Act No. Part 2--Licensing Non-Emergency Patient Transport Service Operators s. 28 (d) whether or not there are operating arrangements for the management and staff of the additional class or classes of service Victorian Legislation and Parliamentary Documents that are suitable and comply with the 5 regulations; and (e) whether or not there are arrangements for maintaining the quality of the additional class or classes of service that are appropriate; and 10 (f) whether or not there are arrangements for evaluating, monitoring and improving the quality of the additional class or classes of service that are appropriate. 28. Time limit for making decision on application for 15 variation of licence The Secretary must make and give notice in writing to an applicant under section 26 of his or her decision on the application-- (a) within 60 days after receiving the 20 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-- 25 whichever is the later. 29. Surrender of licence (1) The holder of a non-emergency patient transport service licence may surrender that licence to the Secretary for cancellation. 30 (2) If a licence is surrendered under sub-section (1)-- (a) the Secretary must cancel the licence; and (b) the holder must produce the licence certificate to the Secretary for cancellation. 18 551083B.I1-29/8/2003 BILL LA CIRCULATION 29/8/2003

 


 

Non-Emergency Patient Transport Act 2003 Act No. Part 2--Licensing Non-Emergency Patient Transport Service Operators s. 30 Division 4--Suspension and Cancellation of Non-Emergency Patient Transport Service Licences Victorian Legislation and Parliamentary Documents 30. Suspension of licence and notice of proposal to cancel 5 (1) If the Secretary is satisfied that there may be grounds for cancelling a non-emergency patient transport service licence, the Secretary may suspend that licence. (2) The Secretary must serve notice of the suspension 10 of the licence on the holder of the licence either personally or by post. (3) A notice under sub-section (2) must-- (a) state that the licence is suspended; and (b) state that the Secretary is satisfied that there 15 are grounds for the cancellation of the licence; and (c) set out those grounds; and (d) set out the time within which written submissions on the proposed cancellation of 20 the licence may be made to the Secretary. (4) A suspension under this section remains in force until-- (a) if the Secretary decides to cancel the licence, the coming into effect of that cancellation; or 25 (b) if the Secretary decides not to cancel the licence, the making of that decision. (5) The holder of a licence whose licence is suspended under this section is deemed not to be the holder of a licence for the period of the 30 suspension. 19 551083B.I1-29/8/2003 BILL LA CIRCULATION 29/8/2003

 


 

Non-Emergency Patient Transport Act 2003 Act No. Part 2--Licensing Non-Emergency Patient Transport Service Operators s. 31 31. Making of submissions on suspension (1) The holder of a non-emergency patient transport Victorian Legislation and Parliamentary Documents service licence whose licence has been suspended under section 30 may make written submissions 5 on the proposal to cancel the licence. (2) Submissions made under sub-section (1) must be made within 28 days of the holder being notified of the suspension. 32. Powers of the Secretary where a non-emergency 10 patient transport service licence has been suspended (1) If, after considering any submissions made within the time fixed for making submissions under section 31, the Secretary is satisfied that-- (a) in the case of a licence holder who is a 15 natural person, the licence holder is not a fit and proper person; or (b) in the case of a licence holder who is a body corporate, any director or officer of the body corporate who does or may exercise control 20 over the service that is the subject of the licence is not a fit and proper person; or (c) the health and safety of patients or clients of the holder of the licence are at risk; or (d) the licence holder-- 25 (i) has failed to carry on the service in accordance with this Act or the regulations or the licence; or (ii) if the licence holder is also the holder of a stand-by service accreditation, the 30 licence holder has failed to carry on that service in accordance with this Act, the regulations or the accreditation; or 20 551083B.I1-29/8/2003 BILL LA CIRCULATION 29/8/2003

 


 

Non-Emergency Patient Transport Act 2003 Act No. Part 2--Licensing Non-Emergency Patient Transport Service Operators s. 32 (e) the licence holder-- (i) is not likely to carry on the service in Victorian Legislation and Parliamentary Documents accordance with this Act, the regulations or the licence; or 5 (ii) if the licence holder is also the holder of a stand-by service accreditation, the licence holder is not likely to carry on that service in accordance with this Act, the regulations or the accreditation; or 10 (f) the licence holder has been found guilty of an offence against this Act or the regulations-- the Secretary may-- (g) cancel the licence; or 15 (h) in a case to which paragraph (d) or (e) applies-- (i) state an intention to cancel the licence if, within a period (not being less than 28 days from the giving of notice of the 20 Secretary's decision) satisfactory arrangements are not made to remedy any failure to comply, or to be able to continue to comply, with this Act, the regulations or the licence; and 25 (ii) cancel the licence after the expiry of the period specified in sub-paragraph (i), if satisfactory arrangements have not been made. (2) In making a decision under sub-section (1), the 30 Secretary must consider-- (a) the conduct of the licence holder; and (b) the seriousness of any breach of this Act, the regulations, the licence or, where the case so requires, the accreditation; and 21 551083B.I1-29/8/2003 BILL LA CIRCULATION 29/8/2003

 


 

Non-Emergency Patient Transport Act 2003 Act No. Part 2--Licensing Non-Emergency Patient Transport Service Operators s. 33 (c) whether or not any such breach could have been avoided by the reasonable exercise of care; and Victorian Legislation and Parliamentary Documents (d) any circumstances that may prevent the 5 licence holder from being able to continue to carry on the service in accordance with this Act, the regulations, the licence or, where the case so requires, the accreditation. 33. Notice of Secretary's decision 10 (1) The Secretary must give notice to the holder of a non-emergency patient transport service licence that has been suspended under section 30 of the Secretary's decision under section 32 and set out reasons for that decision in the notice. 15 (2) A notice under sub-section (1) must be served on the licence holder within 28 days after the expiry of the date for the making of submissions under section 31. 34. Coming into effect of cancellation 20 Cancellation of a non-emergency patient transport service licence by the Secretary has effect from the time at which notice of the cancellation is served on the licence holder. Division 5--Accreditation to operate particular stand-by 25 services at public events 35. Granting of a stand-by service accreditation (1) The Secretary may accredit a person who is the holder of a non-emergency patient transport service licence to operate a service that provides 30 for staff and vehicles to attend at public events to provide, at the event, if a need arises, stand-by services to participants in the event who suffer unanticipated illness or injury during the event. 22 551083B.I1-29/8/2003 BILL LA CIRCULATION 29/8/2003

 


 

Non-Emergency Patient Transport Act 2003 Act No. Part 2--Licensing Non-Emergency Patient Transport Service Operators s. 36 (2) Accreditation is subject to any conditions imposed-- Victorian Legislation and Parliamentary Documents (a) by the Secretary; or (b) by the regulations. 5 (3) A person may apply to the Secretary for the grant of a stand-by service accreditation. (4) An application under sub-section (3)-- (a) must be in the prescribed form; and (b) must be accompanied by the prescribed fee. 10 (5) An applicant must give to the Secretary any further information relating to the application that the Secretary requests. 36. Time limit on making decision on application for the grant of an accreditation 15 The Secretary must make and give notice in writing to an applicant under section 35(3) of the Secretary's decision on the application-- (a) within 60 days after receiving the application; or 20 (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-- whichever is the later. 25 37. Duration and renewal of accreditation (1) A stand-by service accreditation continues in force, unless sooner cancelled, for the period of the non-emergency service patient transport licence held by the person accredited. 23 551083B.I1-29/8/2003 BILL LA CIRCULATION 29/8/2003

 


 

Non-Emergency Patient Transport Act 2003 Act No. Part 2--Licensing Non-Emergency Patient Transport Service Operators s. 38 (2) Accreditation may be renewed at the same time as and as if it were part of the non-emergency service patient transport licence held by the person Victorian Legislation and Parliamentary Documents accredited. 5 38. Cancellation of accreditation (1) If the Secretary believes that there are reasonable grounds to cancel a stand-by service accreditation, the Secretary may do so, even though the non- emergency service patient transport licence held 10 by the person accredited has not been cancelled or suspended. (2) Before cancelling an accreditation the Secretary must-- (a) notify the holder of the accreditation of the 15 proposal to cancel it; and (b) allow the holder an opportunity to make written submissions. (3) Submissions under sub-section (2) must be made within the period specified in the notice. 20 (4) In making a decision as to whether or not to cancel a stand-by service accreditation, the Secretary must-- (a) have regard to any submissions made under sub-section (2) within the period specified in 25 the notice; and (b) notify the holder of the decision. (5) A cancellation under this section has effect from the time specified in the notice under sub- section (4). 24 551083B.I1-29/8/2003 BILL LA CIRCULATION 29/8/2003

 


 

Non-Emergency Patient Transport Act 2003 Act No. Part 2--Licensing Non-Emergency Patient Transport Service Operators s. 39 Division 6--General Matters 39. Fit and proper person Victorian Legislation and Parliamentary Documents (1) In determining whether or not a person is a fit and proper person for the purposes of this Act, the 5 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 10 financial reputation and stable financial background; (c) whether or not the person is of good repute, having regard to character, honesty and integrity; 15 (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 against the 20 person; 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. 25 (2) Sub-section (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. 40. Endorsement of licence 30 If the Secretary-- (a) varies a non-emergency patient transport service licence; or 25 551083B.I1-29/8/2003 BILL LA CIRCULATION 29/8/2003

 


 

Non-Emergency Patient Transport Act 2003 Act No. Part 2--Licensing Non-Emergency Patient Transport Service Operators s. 41 (b) varies a condition on a non-emergency patient transport service licence-- Victorian Legislation and Parliamentary Documents whether or not the variation is made under section 24 or at the time of renewal-- 5 (c) the holder of the licence must produce the licence to the Secretary for endorsement of the variation; and (d) the Secretary must cause the licence to be endorsed with particulars of the variation. 10 41. Change of directors etc. 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 non-emergency patient transport service licence, the body 15 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 20 (b) the position which the person has ceased to hold or been appointed to (as the case requires). Penalty: 50 penalty units. 42. Legal personal representatives 25 (1) If the holder of a non-emergency patient transport service licence dies, a person who is, or persons who are, named as, or who intends or intend to make application to become, the legal personal representative or representatives of the holder 30 may, within 28 days after the death or such longer period as the Secretary allows, make application to the Secretary to carry on the service until the expiration of the period of one year after the death. 26 551083B.I1-29/8/2003 BILL LA CIRCULATION 29/8/2003

 


 

Non-Emergency Patient Transport Act 2003 Act No. Part 2--Licensing Non-Emergency Patient Transport Service Operators s. 42 (2) The Secretary must grant an application under sub-section (1) unless he or she has any reason to believe that if the applicant, or any of the Victorian Legislation and Parliamentary Documents applicants, were to make an application for the 5 licence, the Secretary would refuse the application. (3) The granting of an application under this section has effect as a variation of the licence for the period to which the application relates. __________________ 27 551083B.I1-29/8/2003 BILL LA CIRCULATION 29/8/2003

 


 

Non-Emergency Patient Transport Act 2003 Act No. Part 3--Review by Victorian Civil and Administrative Tribunal s. 43 PART 3--REVIEW BY VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL Victorian Legislation and Parliamentary Documents 43. Review by VCAT (1) A person, whose interests are affected by the 5 relevant decision, may apply to the Victorian Civil and Administrative Tribunal for review of-- (a) a decision on an application for the grant of a non-emergency patient transport service licence; or 10 (b) a decision to impose conditions on such a licence; or (c) a decision to vary such a licence; or (d) a decision to cancel or suspend such a licence. 15 (2) A person, whose interests are affected by the relevant decision, may apply to the Victorian Civil and Administrative Tribunal for review of-- (a) a decision on an application for the grant of a stand-by service accreditation; or 20 (b) a decision to impose conditions on such an accreditation; or (c) a decision to cancel such an accreditation. 44. Time period for making application for review An application for review under section 43 must 25 be made within 28 days of the later of-- (a) the day on which the decision is made; or (b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the 30 decision, the day on which the statement of reasons is given to the person or the person is 28 551083B.I1-29/8/2003 BILL LA CIRCULATION 29/8/2003

 


 

Non-Emergency Patient Transport Act 2003 Act No. Part 3--Review by Victorian Civil and Administrative Tribunal s. 44 informed under section 46(5) of that Act that a statement of reasons will not be given. Victorian Legislation and Parliamentary Documents __________________ 29 551083B.I1-29/8/2003 BILL LA CIRCULATION 29/8/2003

 


 

Non-Emergency Patient Transport Act 2003 Act No. Part 4--Inspection and Enforcement Powers s. 45 PART 4--INSPECTION AND ENFORCEMENT POWERS Victorian Legislation and Parliamentary Documents Division 1--Inspection 45. Appointment of authorised officers The Secretary may, by instrument, appoint as an 5 authorised officer any employee of the Secretary, who, the Secretary is satisfied, is suitable to be so authorised. 46. Authorised officer's identity card (1) The Secretary must issue an identity card to each 10 authorised officer. (2) An identity card must contain a photograph of the authorised officer to whom the card is issued. 47. Production of identity card An authorised officer must produce his or her 15 identity card for inspection-- (a) before exercising a power under this Act or the regulations, other than a requirement made by post; and (b) at any time during the exercise of a power 20 under this Act or the regulations, if asked to do so. 48. Production of vehicles or documents for inspection (1) For the purpose of monitoring compliance with this Act or the regulations an authorised officer 25 may require the holder of a non-emergency patient transport service licence, at a time and place specified by the authorised officer-- (a) to produce for inspection any vehicles-- (i) used in the provision of the service 30 operated under the licence; or 30 551083B.I1-29/8/2003 BILL LA CIRCULATION 29/8/2003

 


 

Non-Emergency Patient Transport Act 2003 Act No. Part 4--Inspection and Enforcement Powers s. 49 (ii) if the holder of the licence is also the holder of a stand-by service accreditation, used in the provision of Victorian Legislation and Parliamentary Documents the service operated under the 5 accreditation; or (b) to produce to the authorised officer any documents required to be kept by the licence holder under this Act or the regulations. (2) For the purpose of monitoring compliance with 10 this Act or the regulations an authorised officer may require-- (a) an ambulance service that is the operator of a non-emergency patient transport service; or (b) a public hospital or denominational hospital 15 that is the operator of a non-emergency patient transport service-- at a time and place specified by the authorised officer-- (c) to produce for inspection any vehicles used 20 in the provision of the service operated by the service or hospital; or (d) to produce to the authorised officer any documents required to be kept by the service or hospital under this Act or the regulations. 25 49. Self-incrimination (1) A person is not excused from complying with a requirement of an authorised officer under section 48 on the ground that to do so may result in information being provided that might incriminate 30 the person. (2) Any information obtained from a person under this Division is not admissible in evidence against the person in criminal proceedings other than in proceedings in respect of the provision of false 35 information. 31 551083B.I1-29/8/2003 BILL LA CIRCULATION 29/8/2003

 


 

Non-Emergency Patient Transport Act 2003 Act No. Part 4--Inspection and Enforcement Powers s. 50 (3) Despite sub-section (2), any information obtained from a person under this Division that is contained in any document-- Victorian Legislation and Parliamentary Documents (a) that the person is required to keep by any 5 law; or (b) that the operator of a non-emergency patient transport service is required to keep by any law; or (c) that the holder of a stand-by service 10 accreditation is required to keep by any law; or (d) that was obtained without the direct assistance of the person-- is admissible in evidence against the person in 15 criminal proceedings. (4) For the purposes of sub-section (3), a person provides direct assistance in the obtaining of a document if the person identifies, reveals the location of, or explains the contents of, the 20 document. 50. Offences relating to inspection A person must not-- (a) without reasonable excuse, obstruct an authorised officer in exercising his or her 25 powers under this Act or the regulations; or (b) knowingly make any false or misleading statement in any application to the Secretary under this Act; or (c) impersonate the Secretary or an authorised 30 officer in the performance of his or her powers or duties under this Act. Penalty: 120 penalty units. 32 551083B.I1-29/8/2003 BILL LA CIRCULATION 29/8/2003

 


 

Non-Emergency Patient Transport Act 2003 Act No. Part 4--Inspection and Enforcement Powers s. 51 Division 2--Enforcement 51. Proceedings for offences Victorian Legislation and Parliamentary Documents The Secretary, an authorised officer, a member of the police force or a person authorised generally 5 or in a particular case by the Secretary may take proceedings for an offence against this Act or the regulations. 52. Service of documents A notice or other document required or authorised 10 by this Act or the regulations to be served on or given to a person is deemed to have been duly served on or given to the person-- (a) if delivered personally to or left with an adult person at the premises that is the last known 15 place of residence or business of the person on or to whom the notice or document is to be served or given or, if there is no adult person present, by affixing the notice or document to a conspicuous part of the 20 premises; or (b) if sent to the person by post. 53. Offences by bodies corporate (1) If a body corporate contravenes a provision of this Act or the regulations, each director or officer of 25 the body corporate is deemed to have contravened the provision, if the director or officer knowingly authorised or permitted the contravention. (2) A person may be proceeded against and found guilty under a provision in accordance with sub- 30 section (1) whether or not the body corporate has been proceeded against under that provision. 33 551083B.I1-29/8/2003 BILL LA CIRCULATION 29/8/2003

 


 

Non-Emergency Patient Transport Act 2003 Act No. Part 4--Inspection and Enforcement Powers s. 54 (3) Nothing in this section affects any liability imposed on a body corporate for an offence committed by a body corporate against this Act or Victorian Legislation and Parliamentary Documents the regulations. 5 54. Imputing states of mind to bodies corporate If, in any proceedings for an offence against this Act or the regulations, it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show that-- 10 (a) the conduct was engaged in by an officer or agent of the body corporate within the scope of his or her actual or apparent authority; and (b) the officer or agent had that state of mind. 55. Liability of body corporate or employer for acts of 15 others If an officer or agent of a body corporate engages in conduct on behalf of the body corporate within the scope of his or her actual or apparent authority, the body corporate must be taken for the 20 purposes of a prosecution for an offence against this Act or the regulations, also to have engaged in the conduct, unless the body corporate establishes that the body corporate took reasonable precautions and exercised due diligence to avoid 25 the conduct. __________________ 34 551083B.I1-29/8/2003 BILL LA CIRCULATION 29/8/2003

 


 

Non-Emergency Patient Transport Act 2003 Act No. Part 5--Infringement Notices s. 56 PART 5--INFRINGEMENT NOTICES Victorian Legislation and Parliamentary Documents 56. Power to serve a notice (1) An authorised officer may serve an infringement notice on any person that he or she has reason to 5 believe has committed a prescribed offence against this Act or the regulations. (2) In this Part "authorised officer" includes a member of the police force. (3) An infringement notice may be served on a 10 person-- (a) by delivering it personally to the person; or (b) by sending it by post addressed to the person at the person's last known place of residence or business. 15 57. Form of notice An infringement notice must be in a form approved by the Secretary and must set out all the following matters-- (a) the date of the notice; 20 (b) the provision of this Act or the regulations that creates the offence; (c) the date, time and place of the alleged offence; (d) the nature and a brief description of the 25 alleged offence; (e) the infringement penalty for the alleged offence set out in the regulations; (f) the manner in which the infringement penalty may be paid; 35 551083B.I1-29/8/2003 BILL LA CIRCULATION 29/8/2003

 


 

Non-Emergency Patient Transport Act 2003 Act No. Part 5--Infringement Notices s. 58 (g) the time (not being less than 28 days after the date on which the notice is served) within which the infringement penalty must be paid; Victorian Legislation and Parliamentary Documents (h) that, if the amount of the infringement 5 penalty is paid before the end of the time specified in the notice, the matter will not be brought before the Magistrates' Court unless the notice is withdrawn within 28 days after the date on which it was served; 10 (i) that the person is entitled to disregard the notice and defend any proceedings in respect of the alleged offence in the Magistrates' Court; (j) any other prescribed particulars. 15 58. Late payment of penalty An authorised officer may accept payment of the infringement penalty even after the expiration of the time for payment stated in the infringement notice if-- 20 (a) neither a charge has been filed nor a courtesy letter served under Part 2 of Schedule 7 to the Magistrates' Court Act 1989 in respect of the offence to which the infringement penalty relates; and 25 (b) the infringement notice has not been withdrawn. 59. Withdrawal of notice (1) A member of the police force may withdraw an infringement notice issued by a member of the 30 police force under this Part within 28 days after it was served. (2) The Secretary may withdraw an infringement notice issued by any other authorised officer under this Part within 28 days after it was served. 36 551083B.I1-29/8/2003 BILL LA CIRCULATION 29/8/2003

 


 

Non-Emergency Patient Transport Act 2003 Act No. Part 5--Infringement Notices s. 60 (3) The withdrawal of an infringement notice is to be effected by serving a withdrawal notice on the person on whom the infringement notice was Victorian Legislation and Parliamentary Documents served. 5 (4) If the penalty sought in the infringement notice has been paid before the notice is withdrawn, the amount of the penalty must be refunded on the notice being withdrawn, and the Consolidated Fund is, to the necessary extent, appropriated 10 accordingly. (5) Proceedings for the offence in respect of which the infringement notice has been served may still be taken or continued despite the withdrawal of the notice. 15 60. Payment expiates offence If an infringement notice is not withdrawn and the infringement penalty is paid within the time specified in the notice or payment is accepted in accordance with section 58 then-- 20 (a) the person on whom the notice was served has expiated the offence by that payment; and (b) no proceedings may be taken against that person in respect of that offence; and 25 (c) no conviction is to be taken to have been recorded against that person for the offence. 61. Application of penalty (1) An infringement penalty paid under this Part must be applied in the same way as a fine paid under an 30 order of a court made on an offender being convicted or found guilty of the offence to which the infringement penalty relates. 37 551083B.I1-29/8/2003 BILL LA CIRCULATION 29/8/2003

 


 

Non-Emergency Patient Transport Act 2003 Act No. Part 5--Infringement Notices s. 62 (2) The payment of an infringement penalty under this Part is not and must not be taken to be-- Victorian Legislation and Parliamentary Documents (a) an admission of guilt in relation to the offence; or 5 (b) an admission of liability for the purpose of any civil claim or proceeding arising out of the same occurrence, and the payment does not in any way affect or prejudice any such claim or proceeding. 10 (3) The payment of an infringement penalty under this Part must not be referred to in any report provided to a court for the purpose of determining sentence for any offence. 62. Prosecution after service of infringement notice 15 A charge may be filed in respect of an offence to which an infringement notice relates if-- (a) the infringement penalty has not been paid within the time for payment specified in the notice or in accordance with section 58; or 20 (b) the notice is withdrawn. 63. Enforcement of infringement penalty Payment of the infringement penalty may be enforced in accordance with Part 2 of Schedule 7 to the Magistrates' Court Act 1989 if-- 25 (a) the infringement notice is an infringement notice within the meaning of Schedule 7 to that Act; and (b) the infringement penalty has not been paid within the time specified in the notice or in 30 accordance with section 58; and 38 551083B.I1-29/8/2003 BILL LA CIRCULATION 29/8/2003

 


 

Non-Emergency Patient Transport Act 2003 Act No. Part 5--Infringement Notices s. 63 (c) the notice has not been withdrawn; and (d) a charge has not been filed in accordance Victorian Legislation and Parliamentary Documents with section 62. __________________ 39 551083B.I1-29/8/2003 BILL LA CIRCULATION 29/8/2003

 


 

Non-Emergency Patient Transport Act 2003 Act No. Part 6--Regulation Making Powers s. 64 PART 6--REGULATION MAKING POWERS Victorian Legislation and Parliamentary Documents 64. Regulations (1) The Governor in Council may make regulations for or with respect to prescribing-- 5 (a) standards and requirements for the operation of non-emergency patient transport services and, in particular, but not limited to, the following matters-- (i) standards and requirements as to safety, 10 cleanliness and hygiene (including infection control procedures); (ii) standards and requirements as to the welfare of persons being transported, including (but not limited to) standards 15 and requirements as to comfort, privacy and respectful treatment; (iii) standards and requirements as to staffing, including (but not limited to) standards and requirements as to staff 20 numbers, qualifications and clinical accreditation; (iv) standards and requirements as to the provision, inspection and maintenance of vehicles and equipment; 25 (v) standards and requirements as to storage facilities; (vi) standards and requirements as to the amount and type of insurance to be maintained; 30 (vii) standards and requirements as to the arrangements to be made to evaluate, monitor and improve the quality of the service and supervision of staff; 40 551083B.I1-29/8/2003 BILL LA CIRCULATION 29/8/2003

 


 

Non-Emergency Patient Transport Act 2003 Act No. Part 6--Regulation Making Powers s. 64 (viii) standards and requirements as to the provision of and display of information; Victorian Legislation and Parliamentary Documents (ix) standards and requirements as to communication devices to be carried by 5 staff or installed in vehicles; (b) standards and requirements for the operation of services provided under a stand-by service accreditation, and, in particular, but not limited to, the following matters-- 10 (i) standards and requirements as to safety, cleanliness and hygiene (including infection control procedures); (ii) standards and requirements as to the welfare of persons to whom the service 15 is provided, including (but not limited to) standards and requirements as to comfort, privacy and respectful treatment; (iii) standards and requirements as to 20 staffing, including (but not limited to) standards and requirements as to staff numbers, qualifications and clinical accreditation; (iv) standards and requirements as to the 25 provision, inspection and maintenance of vehicles and equipment; (v) standards and requirements as to storage facilities; (vi) standards and requirements as to the 30 amount and type of insurance to be maintained; (vii) standards and requirements as to the arrangements to be made to evaluate, monitor and improve the quality of the 35 service and supervision of staff; 41 551083B.I1-29/8/2003 BILL LA CIRCULATION 29/8/2003

 


 

Non-Emergency Patient Transport Act 2003 Act No. Part 6--Regulation Making Powers s. 64 (viii) standards and requirements as to the provision of and display of information; Victorian Legislation and Parliamentary Documents (c) records to be kept by-- (i) non-emergency patient transport 5 services; and (ii) the holders of stand-by service accreditations-- including (but not limited to) the form and the nature of entries to be made in such 10 records and the time within which such entries are to be made and the period for which such records must be maintained; (d) classes of non-emergency patient transport services for the purposes of licensing; 15 (e) in relation to any class of non-emergency patient transport service, the class or classes of persons who may or may not operate that class of service; (f) prescribing offences against this Act or the 20 regulations for the purposes of Part 5; (g) fees to be paid for applications under this Act; (h) penalties, not exceeding 20 penalty units, for breaches of the regulations; 25 (i) any other matter or thing required or permitted to be prescribed or necessary to be prescribed to give effect to this Act. (2) The regulations-- (a) may be of general or limited application; and 30 (b) may differ according to differences in time, place or circumstances; and 42 551083B.I1-29/8/2003 BILL LA CIRCULATION 29/8/2003

 


 

Non-Emergency Patient Transport Act 2003 Act No. Part 6--Regulation Making Powers s. 64 (c) may make different prescriptions or impose different standards for different classes of non-emergency patient transport service Victorian Legislation and Parliamentary Documents operators; and 5 (d) may exempt any class of person who operates a non-emergency patient transport service from complying with all or any of the regulations; and (e) may leave any matter or thing to be, from 10 time to time, determined, applied, dispensed with or regulated by the Secretary; and (f) may apply adopt or incorporate by reference any document, either-- (i) as in force at the date the regulations 15 come into operation or at any date before then; or (ii) wholly or in part as amended by the regulations; and (g) may make provision for-- 20 (i) a scale of fees according to the nature of the application being made or licence being granted; or (ii) the reduction, waiver or refund in whole or in part of any fees. __________________ 43 551083B.I1-29/8/2003 BILL LA CIRCULATION 29/8/2003

 


 

Non-Emergency Patient Transport Act 2003 Act No. Part 7--Amendments to Other Acts s. 65 PART 7--AMENDMENTS TO OTHER ACTS Victorian Legislation and Parliamentary Documents See: 65. Amendment to heading in Ambulance Services Act Act No. 1986 114/1986. Reprint No. 2 In the heading to Part 3 of the Ambulance as at 5 1 December Services Act 1986, for "CHIEF GENERAL 1999 MANAGER" substitute "SECRETARY". and amending 66. Amendment of Ambulance Services Act 1986-- Act Nos 74/2000 and Liability to pay fees 11/2001. LawToday: After section 10(7) of the Ambulance Services www.dms. 10 dpc.vic. Act 1986 insert-- gov.au "(8) If a person has been transported by an emergency ambulance service, the fee charged under a direction given by the Secretary under sub-section (5)(a) for that 15 service, is payable by that person whether or not the person consented to the provision of the service.". 67. Insertion of new section 10A in the Ambulance Services Act 1986 20 After section 10 of the Ambulance Services Act 1986 insert-- "10A. Non-application of section 141 of the Health Services Act 1988 Section 141(2) of the Health Services Act 25 1988 does not apply to a person who, for the purposes of-- (a) the recovery of a fee payable under section 10(8); or (b) determining whether a fee is 30 recoverable under section 10(8)-- discloses to the operator of an ambulance service the identity or address of a person transported by that service in an emergency, 44 551083B.I1-29/8/2003 BILL LA CIRCULATION 29/8/2003

 


 

Non-Emergency Patient Transport Act 2003 Act No. Part 7--Amendments to Other Acts s. 68 or other information necessary to determine if a fee is payable by such a person.". Victorian Legislation and Parliamentary Documents See: 68. Amendment of the Transport Act 1983-- Act No. Commercial passenger vehicle licences 9921. Reprint No. 9 5 After section 138(b) of the Transport Act 1983 as at 15 July 2003. insert-- LawToday: www.dms. "(c) for the purposes of providing ambulance dpc.vic. services (within the meaning of the gov.au Ambulance Services Act 1986) or for 10 providing non-emergency patient transport services (within the meaning of the Non-Emergency Patient Transport Act 2003).". 45 551083B.I1-29/8/2003 BILL LA CIRCULATION 29/8/2003

 


 

Non-Emergency Patient Transport Act 2003 Act No. Endnotes ENDNOTES Victorian Legislation and Parliamentary Documents By Authority. Government Printer for the State of Victoria. 46 551083B.I1-29/8/2003 BILL LA CIRCULATION 29/8/2003

 


 

Non-Emergency Patient Transport Act 2003 Act No. INDEX Subject Section Victorian Legislation and Parliamentary Documents Accreditation See Stand-by services Act amendments to other Acts 65-68 commencement 2 persons, services Act does not apply to 4 purposes 1 Ambulance services (def.) 3 Approval in principle applications 8-10 certificates 11-12, 14 classes of transport, services specified in 7, 11 conditions 11-12, 15 definition 3 duration 11 grant 7, 11 matters considered by Secretary 9 variation, transfer 12 See also Licences Authorised officers appointment 45 definition 3, 56 identity cards 46-47 offences regarding 50 power regarding infringement notices 56, 58 power to inspect vehicles, documents 48-49 power to take proceedings 51 Bodies corporate applications for approval in principle 8, 9 change of directors, officers in control 41 directors, officers to be fit and proper persons 9, 15, 22, 32 offences by 41, 53-55 3, 56 Definitions Department (def.) 3 Emergency areas (def.) 3 49 Evidence Fit and proper persons applicants for approval in principle 9 criteria for determining 39 licence holders 15, 22, 32 Infringements enforcement of penalty 63 form 57 payment of penalty 58, 60-61 prosecution after service of notice 62 service of notice 56 withdrawal 59, 62 Licences applications 14-16 cancellation 29-34 classes of transport, services specified in 13, 18 47 551083B.I1-29/8/2003 BILL LA CIRCULATION 29/8/2003

 


 

Non-Emergency Patient Transport Act 2003 Act No. Subject Section conditions 17, 18 duration 18, 19 Victorian Legislation and Parliamentary Documents endorsement 40 grant 13 held by legal personal representatives 42 matters considered by Secretary 15, 22, 27, 32 particulars contained in 18 renewal 20-23 review of decisions regarding 43-44 surrender 29 suspension 30-33 unlicensed services 5-6 variation of licences or conditions 24-28, 40, 42 See also Approval in principle Non-emergency patient transport services carried on by legal personal representatives 42 definition 3 inspection of vehicles, documents used in 48-49 non-compliance with Act, regulations, licence 32 suitability of quality, management arrangements 15, 27 See also Approval in principle; Licences Offences and penalties by bodies corporate 41, 53-55 false, misleading statements 50 infringements 56-63 non-compliance with licence conditions 17 proceedings 51 regarding authorised officers, Secretary 50 unlicensed, non-accredited services 5, 6 51, 56, 59 Police 64 Regulations 43-44 Review Secretary (def.) 3 49 Self-incrimination 52 Service of documents Specialist clinical care or monitoring (def.) 3 Stand-by services accreditation 3, 35-38 inspection of vehicles used in 48-49 non-accredited services 6 non-compliance with Act, regulations, accreditation 32 review of decisions regarding accreditation 43-44 Vehicles definition 3 inspection 48-49 specified in approval in principle, licences 11, 18 suitability 9, 15, 27 43-44 Victorian Civil and Administrative Tribunal 48 551083B.I1-29/8/2003 BILL LA CIRCULATION 29/8/2003

 


 

 


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