Victorian Current Acts

NON-EMERGENCY PATIENT TRANSPORT AND FIRST AID SERVICES ACT 2003

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purposes  
   2.      Commencement  
   3.      Definitions  
   4.      Non-application of Act  
   4A.     Objectives  

   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  
   6.      Offence to claim non-emergency patient transport service licence holder status  
   6A.     Offence not to ensure provision of a safe service  

           Division 2--Approval in principle to be licensed

   7.      Grant of approval in principle  
   8.      Application for approval in principle  
   9.      Matters the Secretary must consider in deciding whether or not to grant an approval in principle  
   10.     Time limit for making decision on an application for approval in principle  
   11.     Certificate of approval in principle  
   12.     Transfer or variation of certificate of approval in principle  

           Division 3--Granting, renewal and variation of non‑emergency patient transport service licences

   13.     Grant of a non-emergency patient transport service licence  
   14.     Application for a non-emergency patient transport service licence  
   15.     Considerations for the Secretary in granting a licence under this Part  
   16.     Time limit for making decision on an application for the grant of licence  
   17.     Conditions on licences  
   18.     Particulars of licences  
   19.     Duration of licences  
   20.     Power of Secretary to renew licences  
   21.     Application to renew a licence  
   22.     Matters the Secretary must consider in deciding whether or not to renew a licence  
   23.     Time limit for making decision on application for renewal of licence  
   23A.    Application to transfer a licence  
   23B.    Approval of transfer of non-emergency patient transport service licence  
   23C.    Time limit for making decision on application to transfer licence  
   23D.    Duration of transferred licence  
   24.     Power of the Secretary to vary licences  
   25.     Variation of licence on the motion of the Secretary  
   26.     Application to vary a licence  
   27.     Matters the Secretary must consider in deciding on certain applications for variation  
   28.     Time limit for making decision on application for variation of licence  
   29.     Surrender of licence  

           Division 4--Surrender and suspension of non‑emergency patient transport service licences

   30.     Surrender of non-emergency patient transport service licence  
   31.     Immediate suspension of non-emergency patient transport service licence where serious risk to health or safety  
   32.     Licence holder may give written response to notice of suspension of licence  
   33.     Review of suspension  
   34.     Powers of Secretary on review of suspension  
   35.     Notice before suspension  
   36.     Licence holder may give written response to proposal to suspend licence  
   37.     Suspension of non-emergency patient transport service licence  
   38.     Secretary to give notice of suspension  
   39.     Taking of effect of suspension and period of suspension  
   40.     Effect of suspension  

           Division 4A--Cancellation of non‑emergency patient transport service licence

   41.     Notice before cancellation  
   42.     Licence holder may give written response to proposal to cancel licence  
   42A.    Cancellation of licence  
   42B.    Matters for Secretary to consider in cancelling a licence  
   42C.    Secretary to serve notice of cancellation  
   42D.    Taking of effect of cancellation  

           Division 5--Special notification requirements

   42E.    Change of trading name—non-emergency patient transport service licence holder  
   42F.    Licence holder must notify Secretary as to certain matters  
   42G.    Secretary may require evidence to demonstrate maintenance of competencies  

   PART 2A--LICENSING FIRST AID SERVICE OPERATORS

           Division 1--Interpretation

   42H.    Persons who do not operate first aid services  

           Division 2--Offences

   42I.    Offence to operate a first aid service without a licence  
   42J.    Offence to claim first aid service licence holder status  
   42K.    Offence not to ensure provision of a safe service  

           Division 3--Approval in principle to be licensed to operate first aid service

   42L.    Grant of approval in principle—first aid service licence  
   42M.    Application for approval in principle for first aid service licence  
   42N.    Matters the Secretary must consider in deciding whether or not to grant an approval in principle for a first aid service  
   42O.    Time limit for making decision on an application for approval in principle—first aid service  
   42P.    Certificate of approval in principle—first aid service licence  
   42Q.    Variation or transfer of certificate of approval in principle—first aid service  

           Division 4--Granting, renewal, variation and transfer of first aid service licences

   42R.    Grant of a first aid service licence  
   42S.    Application for a first aid service licence  
   42T.    Considerations for Secretary in granting a first aid service licence  
   42U.    Time limit for making decision on application for the grant of first aid service licence  
   42V.    Conditions on first aid service licences  
   42W.    Particulars of first aid service licences  
   42X.    Duration of first aid service licences  
   42Y.    Power of Secretary to renew first aid service licences  
   42Z.    Application to renew a first aid service licence  
   42ZA.   Matters the Secretary must consider in deciding whether or not to renew a licence  
   42ZB.   Time limit for making decision on application for renewal of licence  
   42ZC.   Application to transfer a first aid service licence  
   42ZD.   Approval of transfer of first aid service licence  
   42ZE.   Time limit for making decision on application to transfer first aid service licence  
   42ZF.   Duration of transferred first aid service licence  
   42ZG.   Power of the Secretary to vary licences  
   42ZH.   Variation of first aid service licence on the motion of the Secretary  
   42ZI.   Application to vary a first aid service licence  
   42ZJ.   Matters the Secretary must consider in deciding on certain applications for variation  
   42ZK.   Time limit for making decision on application for variation of first aid service licence  

           Division 5--Surrender and suspension of first aid service licences

   42ZL.   Surrender of first aid service licence  
   42ZM.   Immediate suspension of first aid service licence where serious risk to health or safety  
   42ZN.   Licence holder may give written response to notice of suspension  
   42ZO.   Review of suspension  
   42ZP.   Powers of Secretary on review of suspension  
   42ZQ.   Notice before suspension  
   42ZR.   Licence holder may give written response to proposal to suspend licence  
   42ZS.   Suspension of first aid service licence  
   42ZT.   Secretary to give notice of suspension  
   42ZU.   Taking of effect of suspension and period of suspension  
   42ZV.   Effect of suspension  

           Division 6--Cancellation of first aid service licence

   42ZW.   Notice before cancellation of first aid service licence  
   42ZX.   First aid service licence holder may give written response to proposal to cancel licence  
   42ZY.   Cancellation of first aid service licence  
   42ZZ.   Matters for Secretary to consider in cancelling a first aid service licence  
   42ZZA.  Secretary to serve notice of cancellation  
   42ZZB.  Taking of effect of cancellation  

           Division 7--Special notification requirements

   42ZZC.  Change of trading name—first aid service licence holder  
   42ZZD.  First aid service licence holder must notify Secretary as to certain matters  

   PART 3--REVIEW BY VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL

   43.     Review by VCAT  
   44.     Time period for making application for review  

   PART 4--INSPECTION AND ENFORCEMENT POWERS

           Division 1--Inspection

   45.     Appointment of authorised officers  
   46.     Authorised officer's identity card  
   47.     Production of identity card  
   48.     Production of vehicles or documents for inspection  
   49.     Self-incrimination  
   50.     Offences relating to inspection  

           Division 2--Enforcement

   51.     Proceedings for offences  
   52.     Service of documents  
   53.     Offences by bodies corporate  
   54.     Imputing states of mind to bodies corporate  
   55.     Liability of body corporate or employer for acts of others  

   PART 6--GENERAL MATTERS

           Division 1--Particular conditions on licences

   58.     Use of paramedic  

           Division 2--Directions of the Secretary

   59.     Directions of the Secretary  

           Division 3--Miscellaneous matters

   60.     Fit and proper person  
   61.     Endorsement of licence  
   62.     Change of directors etc.  
   62A.    Annual report  
   63.     Legal personal representatives  
   63A.    Power to require information to be given  
   63B.    Secretary may approve standards  
   63C.    Secretary may approve schemes for accreditation  
   63D.    Inconsistency with the Occupational Health and Safety Act 2004  
   63E.    Inconsistency with the Ambulance Services Act 1986  

           Division 4--Regulations

   64.     Regulations  

   PART 7--TRANSITIONAL PROVISIONS

   65.     Transitional provision—change of title of Act  
   66.     Transitional provision—non-emergency patient transport service licence  
           ENDNOTES