Non-Emergency Patient Transport Regulations 2016
Authorised by the Chief Parliamentary Counsel
Authorised Version
i
Non-Emergency Patient Transport Regulations
2016
S.R. No. 28/2016
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary 1
1 Objective 1
2 Authorising provision 1
3 Commencement 2
4 Revocation 2
5 Definitions 2
6 Definition of low acuity patient 6
7 Definition of medium acuity patient 6
8 Definition of high acuity patient 6
Part 2—Transport of patients 8
Division 1—Classes of non-emergency patient transport service 8
9 Classes of non-emergency patient transport service 8
Division 2—Criteria for transportation 8
10 Criteria to be complied with before patient is transported 8
Division 3—Transporting patients 10
11 Visual monitoring of low acuity patients 10
12 Staffing and equipment of vehicles used for the transport of
medium acuity patients 10
13 Staffing and equipment of vehicles used for the transport of
high acuity patients 10
14 High acuity patient must not be transported with another patient 11
Division 4—Requirements applicable to all patients 11
15 Restriction on transport of patients 11
16 Handover notes and other documents 12
17 When clinical advice must be obtained before loading a patient 12
18 Carers accompanying patients 13
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Part 3—Staffing of non-emergency patient transport services 14
19 Competencies for staff of non-emergency patient transport
services 14
20 Assessment of competency 15
21 Skills maintenance training 15
22 Staff identification 16
Part 4—Licensing 17
Division 1—Applications 17
23 Application for approval in principle 17
24 Application for variation or transfer of approval in principle 17
25 Application for a non-emergency patient transport service
licence 17
26 Conditions on licences 18
27 Application to renew a licence 18
28 Application to vary a licence 18
Division 2—Quality assurance plans 19
29 Development and contents of quality assurance plan 19
30 Compliance with quality assurance plan 20
31 Audit of quality assurance plan 20
32 Revocation, suspension or expiry of quality assurance plan 21
Division 3—Other matters during course of licence 21
33 Critical incidents 21
34 Annual report 21
Part 5—Stand-by services at public events 23
35 Application for stand-by accreditation at public events 23
36 Accreditation for stand-by services at public events 23
Part 6—Records 24
37 Records to be kept 24
38 Patient care records 24
39 Staff records 26
40 Records of an aeromedical service 27
Part 7—Patient rights and information 28
41 Establishment of complaints register 28
42 Investigation of complaints 28
43 Contact details of a provider 29
44 Provision of information brochure 29
45 Content of information brochure 29
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Part 8—Infection control 30
46 Infection control management plan 30
47 Vehicles 31
Part 9—Provision, inspection and maintenance of vehicles and
equipment 33
48 Maintenance of vehicles and equipment 33
49 Records of maintenance 33
50 Interiors of road vehicles 33
51 Equipment 35
52 Communication devices 35
Part 10—Insurance 36
53 Public and professional liability insurance 36
Part 11—Aeromedical services 37
54 Report of breach of CASA requirements 37
55 Aircraft equipment 37
56 Configuration 37
57 Stowage 38
58 Loading 38
59 Cabin 39
60 Medical equipment 39
61 Other equipment requirements 40
Schedule 1—Application for approval in principle to operate a
non-emergency patient transport service 41
Schedule 2—Application for variation or transfer of certificate of
approval in principle to operate a non-emergency
patient transport service 43
Schedule 3—Application for a non-emergency patient transport
service licence 45
Schedule 4—Application for the renewal of a non-emergency
patient transport service licence 47
Schedule 5—Application for variation of a non-emergency patient
transport service licence 49
Schedule 6—Application for stand-by service accreditation 50
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Endnotes 51
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Authorised by the Chief Parliamentary Counsel
Authorised Version
1
STATUTORY RULES 2016
S.R. No. 28/2016
Non-Emergency Patient Transport Act 2003
Non-Emergency Patient Transport Regulations
2016
The Governor in Council makes the following Regulations:
Dated: 19 April 2016
Responsible Minister:
JILL HENNESSY
Minister for Health
ANDREW ROBINSON
Clerk of the Executive Council
Part 1—Preliminary
1 Objective
The objective of these Regulations is to
prescribe standards and requirements for the
provision of non-emergency patient transport
services under the Non-Emergency Patient
Transport Act 2003, including standards for the
safety and quality of care of patients using the
services.
2 Authorising provision
These Regulations are made under section 64
of the Non-Emergency Patient Transport
Act 2003.
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3 Commencement
These Regulations come into operation on
20 April 2016.
4 Revocation
The following Regulations are revoked—
(a) the Non-Emergency Patient Transport
Regulations 20051 ;
(b) the Non-Emergency Patient Transport
Amendment Regulations 2010 2 ;
(c) the Non-Emergency Patient Transport
Amendment Regulations 20143 .
5 Definitions
(1) In these Regulations—
accreditation body means a body that is
accredited by—
(a) the Joint Accreditation System of
Australia and New Zealand; or
(b) the International Society for Quality in
Healthcare; or
(c) a body nominated by the Secretary
under subregulation (2);
adverse event means an event that results in harm
or injury to a patient;
aeromedical service means a non-emergency
patient transport service that transports
patients by air;
aged care service has the same meaning as it has
in the Aged Care Act 1997 of the
Commonwealth;
Ambulance Service—Victoria has the same
meaning as in section 3(1) of the
Ambulance Services Act 1986;
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CASA means the Civil Aviation Safety Authority
established by the Civil Aviation Act 1988
of the Commonwealth;
crew member means a person staffing a vehicle
when it is used by or on behalf of a provider
for, or in connection with, the transportation
of a patient;
critical incident means—
(a) the death of a patient; or
(b) an adverse event; or
(c) an event that results in a risk of a high
probability of harm or injury to a
patient;
Department means the Department of Health and
Human Services;
high acuity patient has the meaning given in
regulation 8;
infection control guidelines means the National
Health and Medical Research Council's
Australian Guidelines for the Prevention and
Control of Infection in Healthcare (2010)
published by the Commonwealth;
infectious disease means a human illness or
condition due to a specific infectious agent
or its toxic products that arises through
transmission of that agent or its products
from an infected person to another person by
indirect contact, airborne transmission or
respiratory droplet;
intervention means any treatment which may be
administered by staff involved in the care of
a high acuity patient or a medium acuity
patient, and includes any invasive procedure;
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low acuity patient has the meaning given in
regulation 6;
management, in relation to the treatment of a
patient, includes the administration of those
drugs that may be administered by staff
involved in treating the patient, and other
general treatment, not including intervention;
medium acuity patient has the meaning given in
regulation 7;
monitoring, in relation to the treatment of a
patient, includes—
(a) monitoring of cardiac, respiratory,
metabolic, neurological or fluid status
or any combination of them; and
(b) monitoring of equipment;
nurse means—
(a) a registered nurse; or
(b) a person registered in Division 2 of
the Register of Nurses kept by the
Nursing and Midwifery Board of
Australia under the Health Practitioner
Regulation National Law, other than as
a student;
provider means a person who operates a
non-emergency patient transport service
and—
(a) holds a non-emergency patient
transport service licence; or
(b) is, or belongs to a class of person,
referred to in a declaration made under
section 5(2) of the Act;
public road has the same meaning as in the Road
Management Act 2004;
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quality assurance plan means a plan referred
to in regulation 29 that is certified by an
accreditation body from which a licence
holder has obtained quality accreditation;
registered nurse means a person registered in
Division 1 of the Register of Nurses kept by
the Nursing and Midwifery Board of
Australia under the Health Practitioner
Regulation National Law, other than as a
student;
registered training organisation means an
organisation registered by—
(a) the National Vocational Education
and Training Regulator established
under section 155 of the National
Vocational Education and Training
Regulator Act 2011 of the
Commonwealth; or
(b) the Tertiary Education Quality
and Standards Agency established
under section 132 of the Tertiary
Education Quality and Standards
Agency Act 2011 of the
Commonwealth;
shock advisory external defibrillator means an
automatic external defibrillator that provides
the operator with an audible or visible
prompt to discharge the defibrillator to
deliver a shock to the patient when it
recognises a shockable rhythm;
the Act means the Non-Emergency Patient
Transport Act 2003;
time critical, in relation to the condition of a
patient, means that the condition is such that
immediate medical attention is necessary and
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an emergency response by an ambulance
service is required.
(2) The Secretary, by notice published in the
Government Gazette, may nominate as an
accreditation body a body that, in the opinion of
the Secretary, is internationally recognised and
experienced in the accreditation of health care
services.
6 Definition of low acuity patient
A low acuity patient is a patient who has one or
more of the following conditions—
(a) impaired cognitive functioning requiring
supervision;
(b) if the patient is not transported by an
aeromedical service, chronic diagnosed
shortness of breath in relation to which there
has been no recent change.
7 Definition of medium acuity patient
A medium acuity patient is a patient who
requires—
(a) active management or intervention; or
(b) specialised equipment requiring monitoring;
or
(c) observation and monitoring of an
intravenous infusion that does not contain
any vasoactive agent other than glyceryl
trinitrate.
8 Definition of high acuity patient
(1) A high acuity patient is a patient who requires—
(a) active management or intervention; and
(b) one or more of the following—
(i) cardiorespiratory support;
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(ii) a higher level of care than that required
for the transport of a medium acuity
patient;
(iii) observation and monitoring of an
intravenous infusion that contains
vasoactive agents;
(iv) transport by PIPER's neonatal
emergency transport service, PIPER's
paediatric emergency transport service
or ARV, excluding patients who have
received treatment and are being
returned to their home or transported to
another facility.
(2) In this regulation—
ARV means the business unit of Ambulance
Service—Victoria known as Adult Retrieval
Victoria;
PIPER means Paediatric Infant Perinatal
Emergency Retrieval operated under the
auspices of the Royal Children's Hospital.
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Part 2—Transport of patients
Division 1—Classes of non-emergency
patient transport service
9 Classes of non-emergency patient transport service
For the purposes of sections 7(2)(a)
and 13(2)(a) of the Act, the following
classes of non-emergency patient transport
service are prescribed—
(a) transport of low acuity patients;
(b) transport of medium acuity patients;
(c) transport of high acuity patients.
Division 2—Criteria for transportation
10 Criteria to be complied with before patient is
transported
(1) A provider must not transport a patient if the
patient's condition is time critical or is likely to
become time critical during the transport.
Penalty: 20 penalty units.
(2) A provider must not transport a patient if the
patient's condition does not require monitoring
during the transport.
Penalty: 20 penalty units.
(3) A provider must not transport a patient if the
patient has cardiac-related chest pain during the
2 hours immediately before the proposed
transport.
Penalty: 20 penalty units.
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(4) A provider must not transport a patient unless,
immediately before the transport—
(a) clinical observations appropriate to the
patient's medical condition have been made
and recorded; and
(b) the patient's acuity is assessed by—
(i) a registered medical practitioner; or
(ii) a registered nurse; or
(iii) a paramedic working at the
communications centre of Ambulance
Service—Victoria; and
(c) the patient is assessed by a person referred to
in paragraph (b) as being haemodynamically
stable for the duration of the transport.
Penalty: 20 penalty units.
(5) Despite anything to the contrary in this
regulation, a patient may be transported in a
vehicle if that course of action is recommended
by any of the following persons working in
the communications centre of Ambulance
Service—Victoria as being necessary to avoid
the possibility of the patient dying or suffering
an adverse event were the patient required to
wait for a different form of transport or for
assessment—
(a) a registered medical practitioner;
(b) a registered nurse;
(c) a paramedic.
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Division 3—Transporting patients
11 Visual monitoring of low acuity patients
A provider must ensure that a low acuity patient
who is transported by the provider is visually
monitored by a suitably qualified and competent
crew member for the duration of the transport.
Penalty: 20 penalty units.
12 Staffing and equipment of vehicles used for the
transport of medium acuity patients
(1) When a medium acuity patient is transported, a
provider must ensure that—
(a) a suitably qualified and competent crew
member travels in the patient compartment
with the medium acuity patient for the
duration of the transport; and
(b) the medium acuity patient is not left
unattended at any time while in the vehicle.
Penalty: 20 penalty units.
(2) A provider must ensure that a medium acuity
patient is transported in a vehicle that is equipped
with a stretcher.
Penalty: 20 penalty units.
13 Staffing and equipment of vehicles used for the
transport of high acuity patients
(1) When a high acuity patient is transported, a
provider must ensure that—
(a) a suitably qualified and competent crew
member travels in the patient compartment
with the high acuity patient for the duration
of the transport; and
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(b) the high acuity patient is not left unattended
at any time while in the vehicle.
Penalty: 20 penalty units.
(2) A provider must ensure that a high acuity patient
is transported in a vehicle that is equipped with a
stretcher.
Penalty: 20 penalty units.
14 High acuity patient must not be transported with
another patient
A provider must ensure that a high acuity patient
is not transported with another patient in the same
vehicle.
Penalty: 20 penalty units.
Division 4—Requirements applicable to all patients
15 Restriction on transport of patients
A provider must ensure that a patient is not
transported with another patient in the same
vehicle if either of those patients—
(a) is behaving in a way that may distress or
endanger the other patient; or
(b) is immuno-suppressed; or
(c) has a condition that is likely to cause offence
or distress to the other patient; or
(d) is at a high risk of dying during transport; or
(e) has or is suspected of having an infectious
disease that has a high risk of being
transmitted to the other patient; or
(f) reasonably requires privacy due to the
patient's medical condition; or
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(g) requires the use of therapeutic or monitoring
devices that would prevent or inhibit ready
access to each patient.
Penalty: 20 penalty units.
16 Handover notes and other documents
A crew member of a vehicle that is to be used to
transport a patient from a medical service must,
before the patient is transported, request the
medical service to provide—
(a) handover notes in relation to the patient;
and
(b) a copy of any advance care directive of
the patient and any not for resuscitation
request made by the patient.
17 When clinical advice must be obtained before
loading a patient
(1) Before loading a patient into a vehicle, a crew
member of the vehicle may request clinical advice
from the provider if the crew member reasonably
believes that—
(a) the vehicle used to transport the patient is not
staffed by persons with skills, competencies
and knowledge appropriate for ensuring that
the patient's clinical needs are met for the
duration of the transport; or
(b) the vehicle is not suitably equipped to enable
the crew members to manage the patient's
clinical needs for the duration of the
transport.
(2) A provider must take reasonable steps to ensure
that, when a crew member makes a request under
subregulation (1), clinical advice is provided by—
(a) a registered medical practitioner; or
(b) a registered nurse; or
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(c) a paramedic working in the communications
centre of Ambulance Service—Victoria; or
(d) a clinical instructor employed by the
provider.
Penalty: 20 penalty units.
(3) A provider must ensure that an audio recording is
made of each oral request for clinical advice made
under subregulation (1).
Penalty: 20 penalty units.
(4) A provider must retain the audio recording
referred to in subregulation (3) for a period of not
less than 7 years after it is made.
Penalty: 20 penalty units.
18 Carers accompanying patients
Nothing in these Regulations prevents a carer of a
patient accompanying the patient while the patient
is being transported.
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Part 3—Staffing of non-emergency
patient transport services
19 Competencies for staff of non-emergency patient
transport services
(1) A provider must ensure that any vehicle used to
transport a patient is staffed by persons with skills,
competencies and knowledge appropriate for
ensuring that the patient's clinical needs can be
met for the duration of the transport.
Penalty: 20 penalty units.
(2) Despite subregulation (1), a patient may be
transported in a vehicle if that course of action
is recommended by any of the following persons
working in the communications centre of
Ambulance Service—Victoria as being necessary
to avoid the possibility of the patient dying or
suffering an adverse event were the patient
required to wait for a different form of transport
or for assessment—
(a) a registered medical practitioner;
(b) a registered nurse;
(c) a paramedic.
(3) A provider must not employ a person as a clinical
instructor unless the person has obtained at a
minimum a certificate level IV Training and
Assessment qualification or a qualification that,
in the opinion of the Secretary, is equivalent to
the first-mentioned qualification and—
(a) is a registered medical practitioner; or
(b) was employed by a non-emergency patient
transport service as a clinical instructor
immediately before 20 April 2016; or
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(c) is a paramedic employed by an ambulance
service who has worked for a period of not
less than 18 months full time (or part time
for not less than the equivalent of that
period); or
(d) is employed by a non-emergency patient
transport service and has at least 18 months
full time (or part time for not less than the
equivalent of that period) experience in
transporting patients of all acuity levels and
that person holds a degree or a diploma
approved by the Secretary.
Penalty: 20 penalty units.
(4) A provider must ensure that an Ambulance
Transport Attendant employed by the provider to
crew a vehicle for the purposes of patient
transport—
(a) has at least 400 hours of supervised on road
clinical practice experience over a period not
exceeding 2 years; or
(b) is supervised by a person described in
paragraph (a).
Penalty: 20 penalty units.
20 Assessment of competency
A provider must ensure that the competency of all
staff referred to in regulation 19 is maintained at a
satisfactory level throughout the course of their
employment by the provider.
Penalty: 20 penalty units.
21 Skills maintenance training
(1) A provider must ensure that all staff referred to in
regulation 19 are provided with annual training
that is appropriate having regard to the nature of
their work and that is in the following areas—
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(a) basic life support;
(b) occupational health and safety, with
particular attention to manual handling
and infection control;
(c) current evidence-based clinical practice.
Penalty: 20 penalty units.
(2) In addition to the requirements of
subregulation (1), a provider must ensure
that each crew member employed by the
non-emergency patient transport service who
attends to medium acuity patients or high
acuity patients is provided with training in
defibrillator operation and electrocardiogram
interpretation.
Penalty: 20 penalty units.
(3) A provider must keep a record of—
(a) the names of staff who have participated in
training in respect of each area set out in
subregulations (1) and (2); and
(b) the level of accreditation achieved by each
member of staff.
Penalty: 10 penalty units.
22 Staff identification
A provider must ensure that each member of staff
referred to in regulation 19 wears an identification
tag while on duty that shows—
(a) the member of staff's name and position; and
(b) the trading name of the provider.
Penalty: 15 penalty units.
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Part 4—Licensing
Division 1—Applications
23 Application for approval in principle
(1) For the purposes of section 8(2)(a) of the Act, the
prescribed form is the form set out in Schedule 1.
(2) For the purposes of section 8(2)(b) of the Act, the
prescribed fee is 124 fee units.
24 Application for variation or transfer of approval in
principle
(1) The prescribed form of application for variation
of transfer of an approval in principle under
section 12(1) of the Act is the form set out in
Schedule 2.
(2) For the purposes of section 8(2)(b) of the Act,
the prescribed fee for variation of transfer of an
approval in principle under section 12(1) of the
Act is 42 fee units.
25 Application for a non-emergency patient transport
service licence
(1) For the purposes of section 14(2)(a) of the Act,
the prescribed form is the form set out in
Schedule 3.
(2) For the purposes of section 14(2)(b) of the Act,
the prescribed fee is 186 fee units.
(3) Without limiting section 14(3) of the Act, a person
applying for a licence under section 14(1) of the
Act must submit with the application—
(a) a certificate certifying that the applicant's
quality assurance plan has been accredited
by an accreditation body; or
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(b) a draft quality assurance plan in accordance
with regulation 29 and a report from an
accreditation body that sets out the steps
that a person must take for the quality
assurance plan to be accredited by that body
within 3 months after the person is granted a
licence.
26 Conditions on licences
For the purposes of section 17(1)(a) of the Act, a
non-emergency patient transport service licence
granted to an applicant who does not have a
current certificate of quality accreditation from an
accreditation body is subject to the condition that
the licence holder must, within 3 months after
being granted the licence—
(a) obtain a certificate of quality accreditation;
and
(b) submit a copy of the certificate to the
Secretary.
27 Application to renew a licence
(1) For the purposes of section 21(2)(a) of the Act,
the prescribed form is the form set out in
Schedule 4.
(2) For the purposes of section 21(2)(b) of the Act,
the prescribed fee is—
(a) 137 fee units for up to and including
9 vehicles;
(b) 284 fee units for 10 to 49 vehicles;
(c) 431 fee units for 50 or more vehicles.
28 Application to vary a licence
(1) For the purposes of section 26(2)(a) of the Act,
the prescribed form is the form set out in
Schedule 5.
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(2) For the purposes of section 26(2)(b) of the Act,
the prescribed fee is 49 fee units.
Division 2—Quality assurance plans
29 Development and contents of quality assurance plan
(1) A person who applies for a licence under
section 14(3) of the Act must develop a
quality assurance plan which complies with
subregulation (2).
(2) A quality assurance plan must include provisions
in relation to the following matters—
(a) infection control;
(b) active clinical monitoring of patients;
(c) management of critical incidents;
(d) management of deteriorating patients;
(e) staff qualifications and training, assessment
of qualifications and maintenance of the
currency of qualifications;
(f) staff competencies and their maintenance
and assessment by a registered training
organisation;
(g) recognition of prior learning and overseas
qualifications of staff providing clinical care
and advice;
(h) access to clinical advice for crew members;
(i) drug security, including storage, use,
disposal and records;
(j) manual handling of patients;
(k) patient records;
(l) transportation of personal belongings,
including mobility devices;
(m) complaints management;
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(n) clinical handover processes;
(o) vehicle equipment;
(p) vehicle crewing;
(q) vehicle and equipment maintenance;
(r) records of all maintenance and repairs to
vehicles and equipment;
(s) vehicle and equipment cleaning;
(t) complaints register;
(u) process for investigating complaints.
30 Compliance with quality assurance plan
A licence holder must maintain and comply
with a quality assurance plan that complies with
regulation 29(2).
31 Audit of quality assurance plan
(1) Subject to subregulation (2), if at any time
during the duration of the licence the quality
assurance plan of the licence holder is audited by
an accreditation body, the licence holder must
submit a copy of the audit report to the Secretary
no later than 14 days after the licence holder
receives a copy of the report from the
accreditation body.
Penalty: 15 penalty units.
(2) If an audit report referred to in subregulation (1)
contains a notification as to the existence of a risk
of a high probability of harm or injury to a patient,
the licence holder must report that risk to the
Secretary no later than 24 hours after the licence
holder receives a copy of the report from the
accreditation body.
Penalty: 20 penalty units.
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32 Revocation, suspension or expiry of quality
assurance plan
(1) A licence holder must not operate a
non-emergency patient transport service if
the quality assurance plan of the licence holder
is revoked or suspended or has expired.
Penalty: 20 penalty units.
(2) A licence holder must report immediately to the
Secretary any suspension or revocation of the
licence holder's quality assurance plan.
Division 3—Other matters during course of licence
33 Critical incidents
A licence holder must report any critical incident
involving a patient to the Secretary within
24 hours after its occurrence.
34 Annual report
(1) A licence holder must, no later than 2 months
after the end of each financial year, submit to the
Secretary an annual report on the operation of the
business of the non-emergency patient service
during the previous financial year.
(2) An annual report must contain the following
information in respect of the financial year
reported on—
(a) the number of patients transported;
(b) the number of patients of each acuity level
transported;
(c) particulars of any incident involving a
patient suffering cardiac arrest while under
the care of the licence holder;
(d) particulars of any transportation of a patient
with a mechanical circulatory assist device;
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(e) particulars of the occurrence of any adverse
event in relation to a patient while under the
care of the licence holder;
(f) any other information that the Secretary
has, by notice given to the licence holder,
requested the licence holder to include.
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Part 5—Stand-by services at public events
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Part 5—Stand-by services at public events
35 Application for stand-by accreditation at public
events
(1) For the purposes of section 35(4)(a) of the Act,
the prescribed form is the form set out in
Schedule 6.
(2) For the purposes of section 35(4)(b) of the Act,
the prescribed fee is 43 fee units.
36 Accreditation for stand-by services at public events
For the purposes of section 35(2)(b) of the Act,
the grant of a stand-by service accreditation to
the holder of a non-emergency patient transport
service licence is subject to the Secretary being
satisfied that—
(a) the holder of the non-emergency patient
transport service licence is capable of
transporting patients of one or more acuity
levels; and
(b) the application for stand-by service
accreditation contains an estimate of the
number of patients that the holder of the
non-emergency patient transport service
licence expects to transport during the period
of the accreditation and sets out the basis on
which that estimate is made.
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Part 6—Records
37 Records to be kept
(1) A provider must ensure that patient care records
are maintained in accordance with regulation 38.
Penalty: 15 penalty units.
(2) A provider must ensure that staff records are
maintained in accordance with regulation 39.
Penalty: 15 penalty units.
38 Patient care records
(1) A patient care record in relation to a low acuity
patient must include the following information—
(a) the patient's name;
(b) the patient's address;
(c) the patient's date of birth;
(d) the patient's gender;
(e) the time and date of the patient's transport
and, in the case of aeromedical services, the
flight time;
(f) the reason for the patient's transport;
(g) the patient's pick up location and final
destination;
(h) the names and titles of the crew members
undertaking the patient's transport.
(2) If a low acuity patient's destination is a medical
service or aged care service, the provider must
ensure that the information contained in the
patient care record is orally communicated to the
person receiving the patient.
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(3) A patient care record in relation to a medium
acuity patient or a high acuity patient must include
the following information—
(a) the patient's name;
(b) the patient's address;
(c) the patient's date of birth;
(d) the patient's gender;
(e) whether the patient is a medium acuity
patient or a high acuity patient;
(f) all relevant clinical details of the patient
including any co-morbidities;
(g) the time and date of the patient's transport
and, in the case of an aeromedical service,
the flight time;
(h) the reason for the patient's transport;
(i) the name and position of the person who
assessed the patient as being
haemodynamically stable for the duration of
the transport;
(j) the patient's pick up location and final
destination;
(k) details of any monitoring or treatment
provided to the patient during transportation;
(l) the names and titles of the crew members
undertaking the patient's transport.
(4) If a medium acuity patient or a high acuity
patient's destination is a medical service or aged
care service, the provider must ensure that—
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(a) the information contained in the patient care
record is communicated orally to the person
receiving the patient; and
(b) a copy of the patient care record is provided
to the person receiving the patient.
39 Staff records
(1) Staff records must include the following
information in relation to each crew member—
(a) full name;
(b) date of birth;
(c) job classification;
(d) qualifications;
(e) relevant clinical experience;
(f) if registered with a professional body, the
relevant registration number;
(g) immunisation records as recommended in the
infection control guidelines;
(h) mandatory skills maintenance training and
accreditation record.
(2) For an aeromedical service, in addition to the
information specified in subregulation (1), staff
records must contain details of a pre-employment
examination by a CASA appointed designated
aviation medical examiner who is not a member
of staff of the same aeromedical service as the
crew member who is examined.
(3) A provider must retain the staff records in relation
to a crew member for a period of not less than
2 years following the cessation of employment of
the crew member.
Penalty: 15 penalty units.
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40 Records of an aeromedical service
A provider of an aeromedical service must
produce to the Secretary a copy of its current Air
Operator's Certificate issued by CASA when
applying for a licence or the renewal of a licence
under the Act.
Penalty: 15 penalty units.
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Part 7—Patient rights and information
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Part 7—Patient rights and information
41 Establishment of complaints register
(1) A provider must establish a complaints register for
all complaints received about the service, whether
the complaints were made in writing or orally.
Penalty: 10 penalty units.
(2) A provider must ensure that its complaints register
contains the following information in relation to
each complaint made—
(a) the name of the patient;
(b) the patient's pick up location and final
destination;
(c) the nature of the complaint;
(d) the date of the complaint;
(e) details of any investigation of the complaint;
(f) the outcome of any investigation of the
complaint;
(g) details of any action taken.
Penalty: 10 penalty units.
42 Investigation of complaints
A provider must ensure that any investigation of a
complaint is carried out in a manner that is not
detrimental to—
(a) the complainant; or
(b) the continued provision of services.
Penalty: 10 penalty units.
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43 Contact details of a provider
A provider must ensure that contact details for its
non-emergency patient transport service are
provided to each patient transported by the
service, before the completion of the transport.
Penalty: 10 penalty units.
44 Provision of information brochure
A provider must ensure that an information
brochure containing the information set out in
regulation 45 is made available on request to a
patient who is or has been, or is about to be,
transported by the service.
Penalty: 10 penalty units.
45 Content of information brochure
An information brochure provided to a patient in
accordance with regulation 44 must contain the
following information—
(a) the patient's rights when using a
non-emergency patient transport service;
(b) the non-emergency patient transport service's
complaints procedure, including—
(i) contact details of the non-emergency
patient transport service; and
(ii) how complaints about the service are
managed and what the time frames for
resolution are; and
(iii) other bodies to which a complaint about
the service may be made.
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Part 8—Infection control
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Part 8—Infection control
46 Infection control management plan
(1) A provider must ensure that an infection control
management plan is developed in compliance with
the infection control guidelines.
Penalty: 20 penalty units.
(2) Without limiting subregulation (1), the plan
must—
(a) identify all possible areas where there is a
risk of transmission of infection and the
actions to be taken to control any such risk;
and
(b) identify the steps to be followed if any action
referred to in paragraph (a) is not taken; and
(c) identify those aspects of the service provided
that require ongoing infection control; and
(d) identify the type of education to be provided
to staff involved in the provision of clinical
care to patients or the cleaning of a vehicle;
and
(e) state the name and qualifications of the
person responsible for identifying areas of
risk; and
(f) identify the mechanism by which compliance
with the infection control management plan
will be monitored; and
(g) set out a process for the use, disposal and
laundering of linen; and
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(h) include the vehicle-cleaning plan developed
under regulation 47(2).
(3) A provider must ensure that the infection control
management plan is reviewed annually.
Penalty: 20 penalty units.
47 Vehicles
(1) If a vehicle modification results in a change of
vehicle category code of a vehicle, a provider
must ensure that the vehicle is not used to
transport patients on a public road unless the
provider has provided the Secretary with—
(a) a copy of the vehicle assessment signatory
scheme approval certificate; or
(b) a photograph of the second stage of
manufacture compliance plate.
Penalty: 20 penalty units.
(2) A provider must ensure that a vehicle-cleaning
plan is developed that complies with—
(a) the infection control guidelines; and
(b) subregulation (3).
Penalty: 20 penalty units.
(3) The vehicle-cleaning plan must include—
(a) a cleaning schedule; and
(b) guidelines on cleaning practices.
(4) A provider must ensure that all vehicles used for
the transport of patients by the non-emergency
patient transport service are kept in a clean and
hygienic condition.
Penalty: 20 penalty units.
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(5) A provider must ensure that all vehicles used for
the transport of patients on a public road by the
non-emergency patient transport service are
equipped with warning lights that can be activated
when at any incident attended by the vehicle.
Penalty: 20 penalty units.
(6) In this regulation—
vehicle category code has the same meaning as it
has in the relevant design rules within the
meaning of the Road Safety (Vehicles)
Regulations 2009 4 .
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Part 9—Provision, inspection and maintenance of vehicles and equipment
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Part 9—Provision, inspection and
maintenance of vehicles and equipment
48 Maintenance of vehicles and equipment
A provider must ensure that an annual
maintenance schedule is developed to ensure all
vehicles and equipment used in the course of
transporting patients are kept in good working
order at all times in accordance with the
manufacturers' specifications.
Penalty: 10 penalty units.
49 Records of maintenance
(1) A provider must keep an accurate record
of all maintenance and repairs to vehicles and
equipment used in the course of transporting
patients.
Penalty: 10 penalty units.
(2) A provider must ensure that the record referred to
in subregulation (1) is retained and maintained for
the lifespan of the vehicle or equipment to which
it relates.
Penalty: 10 penalty units.
50 Interiors of road vehicles
(1) This regulation applies in relation to vehicles
used to transport patients on public roads by a
non-emergency patient transport service.
(2) A provider must ensure that within each vehicle
there is sufficient room between stretchers and
seats to facilitate proper patient care and clinical
monitoring.
Penalty: 10 penalty units.
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(3) A provider must ensure that within each vehicle
there is seating in the patient compartment for
each attendant who travels in that compartment
and seating for all other persons travelling in the
vehicle.
Penalty: 10 penalty units.
(4) A provider must ensure that each vehicle interior
allows the patient to be viewed at all times by
crew members.
Penalty: 5 penalty units.
(5) A provider must ensure that each vehicle interior
has sufficient heating and air-conditioning to
ensure patient comfort within the vehicle.
Penalty: 5 penalty units.
(6) A provider must ensure that each vehicle is
provided with windows fitted to all doors.
Penalty: 5 penalty units.
(7) A provider must ensure that windows fitted to the
vehicle are tinted to a degree that is—
(a) sufficient to maintain patient privacy; and
(b) compliant with the Vehicle Standards
contained in Schedule 2 to the Road Safety
(Vehicles) Regulations 2009 4 .
Penalty: 5 penalty units.
(8) A provider must ensure that vehicle interiors are
provided with adequate interior lighting to provide
safe patient care at all times within all areas of the
vehicle and that the lighting can be adjusted from
the patient compartment and from the driver
compartment.
Penalty: 10 penalty units.
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(9) A provider must ensure that vehicle interiors are
provided with smooth, impermeable and seamless
materials for the surface of floors and walls in
accordance with the infection control guidelines.
Penalty: 5 penalty units.
(10) A provider must ensure that the vehicle is able to
accommodate and restrain any mobility device
that a patient takes into the vehicle.
Penalty: 10 penalty units.
51 Equipment
A provider must ensure that any vehicle used to
transport a patient carries all the equipment and
supplies necessary to meet the patient's clinical
needs for the duration of the transport, including
a shock advisory external defibrillator, portable
oxygen, suction and a bag valve mask.
Penalty: 20 penalty units.
52 Communication devices
A provider must ensure that communication
devices are available at all times when a
vehicle is used to transport a patient so as to
maintain contact between the vehicle and the
non-emergency patient transport service base,
the medical service destination and Ambulance
Service—Victoria.
Penalty: 20 penalty units.
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Part 10—Insurance
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Part 10—Insurance
53 Public and professional liability insurance
A provider must obtain public liability insurance
and professional indemnity insurance, each to the
value of not less than $10 000 000.
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Part 11—Aeromedical services
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Part 11—Aeromedical services
54 Report of breach of CASA requirements
A provider of an aeromedical service must report
immediately to the Secretary if it is issued by
CASA with—
(a) a non-compliance notice; or
(b) a show cause notice within the meaning of
section 3 of the Civil Aviation Act 1988 of
the Commonwealth.
Penalty: 20 penalty units.
55 Aircraft equipment
A provider of an aeromedical service must ensure
that any aircraft it uses for the aeromedical service
is fitted with—
(a) a 240 volt (2 amp) power supply with
2 outlets; and
(b) if the transport of incubators or other 12 volt
devices is required, a 12 volt (10 amp) power
supply compliant with any applicable
electrical standards.
Penalty: 20 penalty units.
56 Configuration
(1) A provider of an aeromedical service must ensure
that the clinical facilities and equipment in an
aircraft used by it for the aeromedical service are
placed in a position to allow continuous patient
treatment, including during adverse weather
conditions.
Penalty: 10 penalty units.
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Part 11—Aeromedical services
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(2) A provider of an aeromedical service must ensure
that a seat is provided for each person travelling
on the aircraft.
Penalty: 10 penalty units.
57 Stowage
(1) A provider of an aeromedical service must ensure
that an aircraft used by it for the aeromedical
service provides sufficient and appropriate storage
space and restraint for any medical equipment
carried on board.
Penalty: 10 penalty units.
(2) A provider of an aeromedical service must ensure
that an aircraft used by it for the aeromedical
service is suitable for the carriage and stowage of
passenger or patient cabin baggage and an
additional 5 kilograms of luggage for each
passenger.
Penalty: 10 penalty units.
58 Loading
(1) A provider of an aeromedical service must
ensure that the main cabin door and stretcher
loading system of an aircraft used by it for the
aeromedical service are designed to permit
boarding and disembarking of both ambulatory
and stretcher patients.
Penalty: 10 penalty units.
(2) A provider of an aeromedical service must ensure
that loading and unloading a stretcher into and off
an aircraft used by it for the aeromedical service
requires not more than 2 persons.
Penalty: 10 penalty units.
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(3) A provider of an aeromedical service must ensure
the stretcher-loading system of an aircraft used by
it for the aeromedical service allows access to
patients to be maintained at all times during
patient loading and unloading.
Penalty: 10 penalty units.
59 Cabin
A provider of an aeromedical service must
ensure, in respect of any aircraft used by it for
an aeromedical service, that—
(a) the cabin lining and floor coverings are of
a smooth, non-skid, anti-static, washable
material, sealed against the aircraft sidewalls
to window level; and
(b) adequate lighting is provided in the cabin to
provide safe patient care at all times; and
(c) for night flights, opaque washable curtains or
dividers are fitted between the cockpit and
cabin.
Penalty: 10 penalty units.
60 Medical equipment
A provider of an aeromedical service must ensure
that any aircraft used by it for the aeromedical
service is fitted with—
(a) a CASA approved medical oxygen system
capable of supplying adequate oxygen that—
(i) has a warning device or devices for
indicating main medical oxygen supply
exhaustion; and
(ii) enables oxygen to be turned off during
flight; and
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(b) a suction system capable of performing in all
foreseeable cabin pressures that—
(i) has one suction outlet and apparatus for
each stretcher and one reserve method
of applying suction; and
(ii) is able to operate when the aircraft is
not in flight.
Penalty: 20 penalty units.
61 Other equipment requirements
A provider of an aeromedical service must ensure
that all patients dependent on a mechanical
ventilator during non-emergency transport are
protected with a disconnect alarm and have
capnography available to them.
Penalty: 20 penalty units.
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Schedule 1—Application for approval in principle to operate a non-
emergency patient transport service
Non-Emergency Patient Transport Regulations 2016
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Schedule 1—Application for approval
in principle to operate a non-emergency
patient transport service
Regulation 23(1)
APPLICATION FOR APPROVAL IN PRINCIPLE
TO OPERATE A NON-EMERGENCY PATIENT
TRANSPORT SERVICE
SECTION A
(1) Full name of applicant:
(2) Postal address of applicant:
(3) The name, telephone number and email address of a contact person for
the purposes of the application:
(4) If the applicant is a body corporate, the name and address of a director
or officer of the body corporate who may exercise control over the
non-emergency patient transport service:
SECTION B
(1) The name (or proposed name) of the non-emergency patient transport
service, its street address and the municipal district in which the
service is, or is to be, located:
(2) This application is for an approval in principle for a non-emergency
patient transport service intending to undertake—
∗ transport of low acuity patients;
∗ transport of medium acuity patients;
∗ transport of high acuity patients.
(3) The proposed number and types of vehicles:
Type of vehicle Number of vehicles
Vehicle used to transport
a patient on public roads
Fixed wing aircraft
Rotary wing aircraft
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Schedule 1—Application for approval in principle to operate a non-
emergency patient transport service
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Signature of applicant:
Name of each signatory (in BLOCK LETTERS):
Date:
*Delete if inapplicable.
-- 45 of 56 --
Schedule 2—Application for variation or transfer of certificate of approval in
principle to operate a non-emergency patient transport service
Non-Emergency Patient Transport Regulations 2016
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Schedule 2—Application for variation
or transfer of certificate of approval in
principle to operate a non-emergency
patient transport service
Regulation 24(1)
APPLICATION FOR VARIATION OR TRANSFER
OF CERTIFICATE OF APPROVAL IN PRINCIPLE
TO OPERATE A NON-EMERGENCY
PATIENT TRANSPORT SERVICE
SECTION A
(1) Full name of applicant:
(2) Postal address of applicant:
(3) The name, telephone number and email address of a contact person for
the purposes of the application:
SECTION B
(1) The name (or proposed name) of the non-emergency patient transport
service, its street address and the municipal district in which the
service is to be located:
(2) This application is for—
∗ variation of the certificate of approval in principle or any
condition to which it is subject; or
∗ transfer of the certificate of approval in principle to another
person.
(3) If the application relates to the variation of the certificate of the
approval in principle, the reason for the proposed variation:
(4) If the application relates to the transfer of the certificate of approval in
principle to another person—
(a) the name of that person; and
(b) the postal address of that person; and
(c) that person's telephone number and email address.
(5) If the proposed transferee is a body corporate, the name and address of
any director or officer of the body corporate who may exercise control
over the non-emergency patient transport service:
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Schedule 2—Application for variation or transfer of certificate of approval in
principle to operate a non-emergency patient transport service
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Signature of applicant:
Name of each signatory (in BLOCK LETTERS):
Date:
*Delete if inapplicable.
-- 47 of 56 --
Schedule 3—Application for a non-emergency patient transport service
licence
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Schedule 3—Application for a
non-emergency patient transport
service licence
Regulation 25(1)
APPLICATION FOR A NON-EMERGENCY
PATIENT TRANSPORT SERVICE LICENCE
SECTION A
(1) Full name of applicant:
(2) Postal address of applicant:
(3) The name, telephone number and email address of a contact person for
the purposes of the application:
(4) If the applicant is a body corporate, the name and address of any
director or officer of the body corporate who may exercise control
over the non-emergency patient transport service:
SECTION B
(1) The class of non-emergency patient transport for which a licence is
sought—
∗ transport of low acuity patients;
∗ transport of medium acuity patients;
∗ transport of high acuity patients.
(2) The proposed name of the non-emergency patient transport service,
its street address and the municipal district in which the service is
located:
(3) The proposed number and types of vehicles:
Type of vehicle Number of vehicles
Sedan, hatchback or
station wagon vehicle
Double stretcher
vehicle
Single stretcher vehicle
High acuity transport
vehicle
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Schedule 3—Application for a non-emergency patient transport service
licence
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Type of vehicle Number of vehicles
Wheelchair vehicle
Fixed wing aircraft
Rotary wing aircraft
Signature of applicant:
Name of each signatory (in BLOCK LETTERS):
Date:
*Delete if inapplicable.
-- 49 of 56 --
Schedule 4—Application for the renewal of a non-emergency patient
transport service licence
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Schedule 4—Application for the renewal
of a non-emergency patient transport
service licence
Regulation 27(1)
APPLICATION FOR THE RENEWAL OF
A NON-EMERGENCY PATIENT
TRANSPORT SERVICE LICENCE
SECTION A
(1) Full name of applicant:
(2) Postal address of applicant:
(3) The name, telephone number and email address of a contact person for
the purposes of the application:
(4) If the applicant is a body corporate, the name and address of any
director or officer of the body corporate who may exercise control
over the non-emergency patient transport service:
SECTION B
(1) The class of non-emergency patient transport for which a licence is
sought—
∗ transport of low acuity patients;
∗ transport of medium acuity patients;
∗ transport of high acuity patients.
(2) The proposed name of the non-emergency patient transport service, its
street address and the municipal district in which the service is
located:
(3) The proposed number and types of vehicles:
Type of vehicle Number of vehicles
Sedan, hatchback or
station wagon vehicle
Double stretcher
vehicle
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Schedule 4—Application for the renewal of a non-emergency patient
transport service licence
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Type of vehicle Number of vehicles
Single stretcher vehicle
High acuity transport
vehicle
Wheelchair vehicle
Fixed wing aircraft
Rotary wing aircraft
Signature of applicant:
Name of each signatory (in BLOCK LETTERS):
Date:
-- 51 of 56 --
Schedule 5—Application for variation of a non-emergency patient transport
service licence
Non-Emergency Patient Transport Regulations 2016
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Schedule 5—Application for variation
of a non-emergency patient transport
service licence
Regulation 28(1)
APPLICATION FOR VARIATION OF A NON-EMERGENCY
PATIENT TRANSPORT SERVICE LICENCE
SECTION A
(1) Full name of applicant:
(2) Postal address of applicant:
(3) The name, telephone number and email address of a contact person for
the purposes of the application:
SECTION B
(1) The nature of the variation sought (variation of licence or variation of
condition to which licence is subject):
(2) Details of the variation sought:
Signature of applicant:
Name of each signatory (in BLOCK LETTERS):
Date:
-- 52 of 56 --
Schedule 6—Application for stand-by service accreditation
Non-Emergency Patient Transport Regulations 2016
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Schedule 6—Application for stand-by
service accreditation
Regulation 35(1)
APPLICATION FOR STAND-BY
SERVICE ACCREDITATION
SECTION A
(1) Full name of applicant:
(2) Postal address of applicant:
(3) The name, telephone number, and email address of a contact person
for the purposes of the application:
SECTION B
(1) The name of the non-emergency patient transport service and its street
address:
(2) Date of expiry of current licence:
(3) Class of current licence:
(4) The estimated number of patients expected to be transported over a
12 month period:
Signature of applicant:
Name of each signatory (in BLOCK LETTERS):
Date:
═══════════════
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Endnotes
Non-Emergency Patient Transport Regulations 2016
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Endnotes
1 Reg. 4(a): S.R. No. 135/2005 as amended by S.R. Nos 78/2010
and 117/2014, extended in operation by S.R. No. 126/2015 and
amended by S.R. No. 151/2015.
2 Reg. 4(b): S.R. No. 78/2010.
3 Reg. 4(c): S.R. No. 117/2014.
4 Regs 47(6) and 50(7)(b): S.R. No. 118/2009. Reprint No. 2 as at
30 January 2015. Reprinted to S.R. No. 201/2014. Subsequently
amended by S.R. Nos 79/2015, 118/2015 and 159/2015.
——
Fee Units
These Regulations provide for fees by reference to fee units within the
meaning of the Monetary Units Act 2004.
The amount of the fee is to be calculated, in accordance with section 7 of that
Act, by multiplying the number of fee units applicable by the value of a fee
unit.
The value of a fee unit for the financial year commencing 1 July 2015 is
$13.60. The amount of the calculated fee may be rounded to the nearest
10 cents.
The value of a fee unit for future financial years is to be fixed by the
Treasurer under section 5 of the Monetary Units Act 2004. The value of a
fee unit for a financial year must be published in the Government Gazette and
a Victorian newspaper before 1 June in the preceding financial year.
——
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Endnotes
Non-Emergency Patient Transport Regulations 2016
S.R. No. 28/2016
52
Authorised by the Chief Parliamentary Counsel
Table of Applied, Adopted or Incorporated Matter
The following table of applied, adopted or incorporated matter is included in
accordance with the requirements of regulation 5 of the Subordinate Legislation
Regulations 2014.
Statutory rule
provision
Title of applied, adopted or
incorporated document
Matter in
applied,
adopted or
incorporated
document
Regulation 5(1),
definition of
infection control
guidelines
National Health and Medical
Research Council's Australian
Guidelines for the Prevention
and Control of Infection in
Healthcare published by the
Commonwealth in 2010
The whole
Regulation 39(1)(g) National Health and Medical
Research Council's Australian
Guidelines for the Prevention
and Control of Infection in
Healthcare published by the
Commonwealth in 2010
Part C, C2.2.3
Staff records
Regulation 46(1) National Health and Medical
Research Council's Australian
Guidelines for the Prevention
and Control of Infection in
Healthcare published by the
Commonwealth in 2010
Part C, C1.3
Infection
prevention
and control
program
Regulation 47(2) National Health and Medical
Research Council's Australian
Guidelines for the Prevention
and Control of Infection in
Healthcare published by the
Commonwealth in 2010
Part B, B1.4
Routine
management of
the physical
environment
-- 55 of 56 --
Endnotes
Non-Emergency Patient Transport Regulations 2016
S.R. No. 28/2016
53
Authorised by the Chief Parliamentary Counsel
Statutory rule
provision
Title of applied, adopted or
incorporated document
Matter in
applied,
adopted or
incorporated
document
Regulation 50(9) National Health and Medical
Research Council's Australian
Guidelines for the Prevention
and Control of Infection in
Healthcare published by the
Commonwealth in 2010
Part B, B1.4
Routine
management of
the physical
environment
and Part C,
C6.2.3 Control
of surface
contamination
through
material
selection
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