Non-Emergency Patient Transport Act 2003
Victorian Legislation and Parliamentary Documents
i
Non-Emergency Patient Transport Act 2003
Act No. 69/2003
TABLE OF PROVISIONS
Section 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
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19. Duration of licences 14
20. Power of Secretary to renew licences 14
21. Application to renew a licence 14
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
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PART 4—INSPECTION AND ENFORCEMENT POWERS 30
Division 1—Inspection 30
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
Act 1986 44
10A. Non-application of section 141 of the Health Services
Act 1988 44
68. Amendment of the Transport Act 1983—Commercial
passenger vehicle licences 45
═══════════════
ENDNOTES 46
INDEX 47
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Non-Emergency Patient Transport Act
2003†
[Assented to 14 October 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
persons who operate services providing non-
emergency transport to or from medical
services using stretcher carrying vehicles or
offering specialist clinical care or monitoring
during transport; and
Victoria
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(b) to otherwise make provision for the
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
(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
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
(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.
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
principle granted under section 7(1);
"authorised officer" means a person appointed
as an authorised officer under section 45;
"Co-ordinator in Chief" has the same meaning
as in the Emergency Management Act
1986;
s. 2
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"denominational hospital" has the same
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;
"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;
or
(ii) where the persons being
transported are provided with
specialist clinical care or
monitoring while being so
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
(ii) are provided with specialist
clinical care or monitoring by the
person operating the transport
service;
"non-emergency patient transport service
licence" means a licence granted under
section 13(1);
"public hospital" has the same meaning as in the
Health Services Act 1988;
s. 3
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"Secretary" means the person who is for the time
being the Department Head (within the
meaning of the Public Sector Management
and Employment Act 1998) of the
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
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
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;
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
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—
(i) the person who has declared the area to
be an emergency area; or
(ii) the Co-ordinator in Chief; and
s. 4
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(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
apply.
(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.
__________________
s. 4
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PART 2—LICENSING NON-EMERGENCY PATIENT
TRANSPORT SERVICE OPERATORS
Division 1—Offences
5. Offence to operate a non-emergency patient
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.
(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;
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.
(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
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
belief that the person is such a licence
holder; or
s. 5
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(b) claim or hold out to be such a licence holder.
Penalty: 50 penalty units.
(2) Sub-section (1) does not apply to a person who is
the holder of an approval in principle.
(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
(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
(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—
(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.
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
(b) must be accompanied by the prescribed fee.
s. 7
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(3) A person making an application under sub-
section (1) must give the Secretary any further
information relating to the application that the
Secretary requests including, if the person who is
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.
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
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
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
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
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
her decision on the application—
s. 9
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(a) within 60 days after receiving the
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—
whichever is the later.
11. Certificate of approval in principle
If the Secretary grants an approval in principle, he
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
(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
(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).
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
class of non-emergency patient transport service
may—
(a) vary the certificate or any condition to which
it is subject; or
s. 11
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(b) approve the transfer of the certificate to
another person.
(2) Sections 8 and 9 apply to an application for
variation or transfer of a certificate as if the
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
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
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
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
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
(b) for the service to operate all classes of
non-emergency patient transport.
s. 13
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14. Application for a non-emergency patient transport
service licence
(1) A person may apply to the Secretary for the grant
of a non-emergency patient transport service
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
(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
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
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
(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.
s. 14
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(2) In deciding whether or not to grant a licence, the
Secretary must consider—
(a) in relation to the service for which the
licence is to be granted—
(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
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
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
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
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
writing to an applicant under section 14 of his or
her decision on the application—
(a) within 60 days after receiving the
application; or
s. 16
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(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.
17. Conditions on licences
(1) A non-emergency patient transport service licence
is subject to any conditions—
(a) that are prescribed; and
(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.
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
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
(d) the conditions to which the licence is subject;
and
(e) the date on which the licence expires; and
(f) any other prescribed matter.
s. 17
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19. Duration of licences
A non-emergency patient transport service licence
continues in force for the period that is specified
in the licence, being 2 years from the issue or
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
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
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—
(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
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
application that the Secretary requests.
s. 19
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(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
the expiry of the licence period, until the Secretary
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
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
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,
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
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.
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—
s. 22
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(a) within 60 days after receiving the
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—
whichever is the later.
24. Power of the Secretary to vary licences
The Secretary may, either on the application of the
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
(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—
(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
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
within the time period specified in the notice.
s. 24
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(3) In making a decision as to whether or not to vary a
licence under section 24, the Secretary must—
(a) have regard to submissions made within the
period for making submissions; and
(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
(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)—
(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.
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
(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
to be used in the additional class or classes of
service; and
s. 26
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(d) whether or not there are operating
arrangements for the management and staff
of the additional class or classes of service
that are suitable and comply with the
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
(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
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
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—
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.
(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.
s. 28
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Division 4—Suspension and Cancellation of Non-Emergency
Patient Transport Service Licences
30. Suspension of licence and notice of proposal to
cancel
(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
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
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
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
(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
suspension.
s. 30
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31. Making of submissions on suspension
(1) The holder of a non-emergency patient transport
service licence whose licence has been suspended
under section 30 may make written submissions
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
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
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
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—
(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
licence holder has failed to carry on
that service in accordance with this Act,
the regulations or the accreditation; or
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(e) the licence holder—
(i) is not likely to carry on the service in
accordance with this Act, the
regulations or the licence; or
(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
(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
(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
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
(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
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
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(c) whether or not any such breach could have
been avoided by the reasonable exercise of
care; and
(d) any circumstances that may prevent the
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
(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.
(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
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
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
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.
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(2) Accreditation is subject to any conditions
imposed—
(a) by the Secretary; or
(b) by the regulations.
(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.
(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
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
(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.
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.
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(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
accredited.
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
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
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.
(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
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).
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Division 6—General Matters
39. Fit and proper person
(1) In determining whether or not a person is a fit and
proper person for the purposes of this Act, the
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
financial reputation and stable financial
background;
(c) whether or not the person is of good repute,
having regard to character, honesty and
integrity;
(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
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.
(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
If the Secretary—
(a) varies a non-emergency patient transport
service licence; or
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(b) varies a condition on a non-emergency
patient transport service licence—
whether or not the variation is made under
section 24 or at the time of renewal—
(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.
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
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
(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
(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
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.
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(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
applicants, were to make an application for the
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.
__________________
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PART 3—REVIEW BY VICTORIAN CIVIL AND
ADMINISTRATIVE TRIBUNAL
43. Review by VCAT
(1) 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
non-emergency patient transport service
licence; or
(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.
(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
(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
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
decision, the day on which the statement of
reasons is given to the person or the person is
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informed under section 46(5) of that Act that
a statement of reasons will not be given.
__________________
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PART 4—INSPECTION AND ENFORCEMENT POWERS
Division 1—Inspection
45. Appointment of authorised officers
The Secretary may, by instrument, appoint as an
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
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
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
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
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
operated under the licence; or
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(ii) if the holder of the licence is also the
holder of a stand-by service
accreditation, used in the provision of
the service operated under the
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
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
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
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.
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
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
information.
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(3) Despite sub-section (2), any information obtained
from a person under this Division that is contained
in any document—
(a) that the person is required to keep by any
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
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
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
document.
50. Offences relating to inspection
A person must not—
(a) without reasonable excuse, obstruct an
authorised officer in exercising his or her
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
officer in the performance of his or her
powers or duties under this Act.
Penalty: 120 penalty units.
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Division 2—Enforcement
51. Proceedings for offences
The Secretary, an authorised officer, a member of
the police force or a person authorised generally
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
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
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
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
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-
section (1) whether or not the body corporate has
been proceeded against under that provision.
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(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
the regulations.
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—
(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
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
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
the conduct.
__________________
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PART 5—INFRINGEMENT NOTICES
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
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
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.
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;
(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
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;
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(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;
(h) that, if the amount of the infringement
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;
(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.
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—
(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
(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
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.
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(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
served.
(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
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.
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—
(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
(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
order of a court made on an offender being
convicted or found guilty of the offence to which
the infringement penalty relates.
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(2) The payment of an infringement penalty under
this Part is not and must not be taken to be—
(a) an admission of guilt in relation to the
offence; or
(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.
(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
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
(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—
(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
accordance with section 58; and
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(c) the notice has not been withdrawn; and
(d) a charge has not been filed in accordance
with section 62.
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PART 6—REGULATION MAKING POWERS
64. Regulations
(1) The Governor in Council may make regulations
for or with respect to prescribing—
(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,
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
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
numbers, qualifications and clinical
accreditation;
(iv) standards and requirements as to the
provision, inspection and maintenance
of vehicles and equipment;
(v) standards and requirements as to
storage facilities;
(vi) standards and requirements as to the
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
service and supervision of staff;
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(viii) standards and requirements as to the
provision of and display of information;
(ix) standards and requirements as to
communication devices to be carried by
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—
(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
is provided, including (but not limited
to) standards 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
numbers, qualifications and clinical
accreditation;
(iv) standards and requirements as to the
provision, inspection and maintenance
of vehicles and equipment;
(v) standards and requirements as to
storage facilities;
(vi) standards and requirements as to the
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
service and supervision of staff;
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(viii) standards and requirements as to the
provision of and display of information;
(c) records to be kept by—
(i) non-emergency patient transport
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
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;
(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
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;
(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
(b) may differ according to differences in time,
place or circumstances; and
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(c) may make different prescriptions or impose
different standards for different classes of
non-emergency patient transport service
operators; and
(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
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
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—
(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.
__________________
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Part 7—Amendments to Other Acts
Non-Emergency Patient Transport Act 2003
Act No. 69/2003
44
PART 7—AMENDMENTS TO OTHER ACTS
65. Amendment to heading in Ambulance Services Act
1986
In the heading to Part 3 of the Ambulance
Services Act 1986, for "CHIEF GENERAL
MANAGER" substitute "SECRETARY".
66. Amendment of Ambulance Services Act 1986—
Liability to pay fees
After section 10(7) of the Ambulance Services
Act 1986 insert—
"(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
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
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
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
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,
See:
Act No.
114/1986.
Reprint No. 2
as at
1 December
1999
and
amending
Act Nos
74/2000 and
11/2001.
LawToday:
www.dms.
dpc.vic.
gov.au
s. 65
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Victorian Legislation and Parliamentary Documents
Part 7—Amendments to Other Acts
Non-Emergency Patient Transport Act 2003
Act No. 69/2003
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or other information necessary to determine
if a fee is payable by such a person.".
68. Amendment of the Transport Act 1983—
Commercial passenger vehicle licences
After section 138(b) of the Transport Act 1983
insert—
"(c) for the purposes of providing ambulance
services (within the meaning of the
Ambulance Services Act 1986) or for
providing non-emergency patient transport
services (within the meaning of the
Non-Emergency Patient Transport Act
2003).".
═══════════════
See:
Act No.
9921.
Reprint No. 9
as at
15 July 2003.
LawToday:
www.dms.
dpc.vic.
gov.au
s. 68
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Victorian Legislation and Parliamentary Documents
Non-Emergency Patient Transport Act 2003
Act No. 69/2003
46
ENDNOTES
† Minister's second reading speech—
Legislative Assembly: 28 August 2003
Legislative Council: 7 October 2003
The long title for the Bill for this Act was "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."
Endnotes
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Act No. 69/2003
47
INDEX
Subject Section
Accreditation See Stand-by services
Actamendments 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
Definitions 3, 56
Department (def.) 3
Emergency areas (def.) 3
Evidence 49
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
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Subject Section
Licences
applications 14–16
cancellation 29–34
classes of transport, services specified in 13, 18
conditions 17, 18
duration 18, 19
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
Police 51, 56, 59
Regulations 64
Review 43–44
Secretary (def.) 3
Self-incrimination 49
Service of documents 52
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
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Subject Section
Vehicles
definition 3
inspection 48–49
specified in approval in principle, licences 11, 18
suitability 9, 15, 27
Victorian Civil and Administrative Tribunal 43–44
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