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AMBULANCE SERVICES ACT 1986 - SECT 10

General powers of the Secretary

S. 10(1) amended by No. 46/1998
s. 7(Sch. 1) (as amended by No. 12/1999 s. 3(Sch. 1 item 3)).

    (1)     The Secretary may do all things that are necessary or convenient to perform the functions listed in section 9.

S. 10(2) amended by Nos 46/1998
s. 7(Sch. 1) (as amended by No. 12/1999 s. 3(Sch. 1 item 3)), 51/2004 s. 6(1), 29/2010 s. 45(3).

    (2)     The Secretary may delegate, by instrument, any of the functions or powers given to the Secretary under this Act (except this power of delegation) to any officer of the Department of Health.

S. 10(3) amended by Nos 38/1998
s. 7(1)(a)(2)(a), 46/1998
s. 7(Sch. 1) (as amended by No. 12/1999 s. 3(Sch. 1 item 3)), repealed by No. 51/2004 s. 6(2).

    *     *     *     *     *

S. 10(4) amended by Nos 38/1998 s. 7(2)(b), 46/1998
s. 7(Sch. 1) (as amended by No. 12/1999 s. 3(Sch. 1 item 3)), substituted by No. 51/2004 s. 6(3).

    (4)     The Secretary, for the purpose of performing a function under this Act or ensuring that an ambulance service provides high quality, accessible and efficient services, may give directions in writing to an ambulance service in relation to all or any of the following matters—

        (a)     the purposes which the ambulance service is to serve or refrain from serving and those to which it is to give priority; and

        (b)     the manner in which, and the extent to which, persons employed or engaged by the ambulance service as operational staff members are to be trained; and

        (c)     the number and classification of persons to be employed or engaged by the ambulance service and the conditions of employment or engagement; and

S. 10(4)(ca) inserted by No. 8/2020 s. 10(1).

        (ca)     requirements for specified persons, or a specified class of persons, employed or engaged by the ambulance service to be vaccinated against or prove immunity to specified diseases, including the consequences of non-compliance for those persons as employees or persons engaged by the service; and

        (d)     the number and categories of patients to be attended; and

        (e)     the facilities, services, equipment or supplies which the ambulance service is to use or refrain from using; and

        (f)     the extent to which, and the conditions on which, the ambulance service may—

              (i)     make use of or purchase facilities, services, equipment or supplies provided by another ambulance service or by any other person or body; or

              (ii)     allow another ambulance service or any other person or body to make use of or purchase its facilities, services, equipment or supplies; and

S. 10(4)(g) amended by No. 79/2008 s. 15.

        (g)     the manner in which, and the extent to which, the admission, care and treatment of patients is to be co‑ordinated with hospitals and registered community health centres, registered funded agencies and health service establishments within the meaning of the Health Services Act 1988 ; and

S. 10(4)(ga) inserted by No. 52/2017 s. 71.

        (ga)     the provision by the ambulance service of specified information to the Secretary, within a specified period and by a specified manner; and

S. 10(4)(gb) inserted by No. 52/2017 s. 71.

        (gb)     the action to be taken by the ambulance service to ensure that it provides safe, patient-centred and appropriate services; and

        (h)     the accounts and records to be kept by the ambulance service and the information to be supplied to the Secretary; and

              (i)     the inspection by the Secretary of facilities, accounts and records; and

        (j)     the preparation of financial budgets and forecasts; and

        (k)     action to be taken or avoided to enable the State to comply with the terms of any agreement made between it and the Commonwealth of Australia or any other State or a Territory.

S. 10(4A) inserted by No. 8/2020 s. 10(2).

    (4A)     A direction under subsection (4)(ca), or compliance by an ambulance service or a person with that direction, does not constitute discrimination on the basis of political belief or activity or religious belief or activity for the purposes of the Equal Opportunity Act 2010 .

S. 10(5) amended by No. 46/1998
s. 7(Sch. 1) (as amended by No. 12/1999 s. 3(Sch. 1 item 3)).

    (5)     The Secretary may, by instrument, give directions to an ambulance service relating to—

        (a)     the fees that the service may charge; and

        (b)     the operation of, or the participation of the service in, subscriber schemes; and

        (c)     the provision of services to members of, or contributors to, health funds.

S. 10(6) amended by Nos 38/1998 s. 7(2)(b), 46/1998
s. 7(Sch. 1) (as amended by No. 12/1999 s. 3(Sch. 1 item 3)), 51/2004 s. 6(4).

    (6)     An ambulance service must comply with a direction given by the Secretary under this section.

S. 10(7) amended by No. 46/1998
s. 7(Sch. 1) (as amended by No. 12/1999 s. 3(Sch. 1 item 3)), substituted by No. 51/2004 s. 6(5).

    (7)     The Secretary must give a copy of a direction under this section to each ambulance service to which it applies.

S. 10(8) inserted by No. 69/2003 s. 66.

    (8)     If a person has been transported by an emergency ambulance service, the fee charged under a direction given by the Secretary under subsection (5)(a) for that service, is payable by that person whether or not the person consented to the provision of the service.

S. 10A inserted by No. 69/2003 s. 67.



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