AMBULANCE SERVICES (SA AMBULANCE SERVICE INC) AMENDMENT BILL 2005

Contents

Part 1—Preliminary

1 Short title

2 Commencement

3 Amendment provisions

Part 2—Amendment of Ambulance Services Act 1992

4 Amendment of section 4—Interpretation

5 Amendment of section 5—Offence

6 Amendment of section 7—Conditions of licence

7 Substitution of Part 3

Part 3—SA Ambulance Service Inc

11 SA St John Ambulance Service Inc to continue as SA Ambulance Service Inc

12 Legal status, management and control of SAAS

13 Establishment of Country Ambulance Advisory Committee

14 Accounts and audit

15 Limitation on SAAS's powers to borrow or invest money

16 Annual report

16A Application of Associations Incorporation Act 1985

8 Amendment of section 17—Fees for ambulance services

9 Amendment of section 18—Holding out etc

Part 2—Amendment of Ambulance Services Act 1992

4—Amendment of section 4—Interpretation

(1) Section 4—after the definition of ambulance insert:

Ambulance Board means the committee appointed by the Minister to manage the affairs of SAAS (see section 12 and the rules);

(2) Section 4—definition of the Priory—delete the definition and substitute:

rules means the rules of SAAS made by regulation under Part 3;

SAAS means SA Ambulance Service Inc.

5—Amendment of section 5—Offence

(1) Section 5—before paragraph (a) insert:

(aa) the service is provided by SAAS; or

(2) Section 5, penalty provision—delete the penalty provision and insert:

Maximum penalty: $20 000.

6—Amendment of section 7—Conditions of licence

Section 7(4), penalty provision—delete the penalty provision and insert:

Maximum penalty: $20 000.

7—Substitution of Part 3

Part 3—delete the Part and substitute:

Part 3—SA Ambulance Service Inc

11—SA St John Ambulance Service Inc to continue as SA Ambulance Service Inc

(1) The SA St John Ambulance Service Inc continues in existence under the name SA Ambulance Service Inc (SAAS).

Note—

The SA St John Ambulance Service Inc was incorporated on 1 July 1993 under the Associations Incorporation Act 1985 for the purpose of carrying on the business of providing ambulance services.

(2) The object of SAAS is to provide ambulance services of high quality, wherever they may be required in the State, making use of the services of both volunteer and employed personnel.

12—Legal status, management and control of SAAS

(1) SAAS continues as an association incorporated under the Associations Incorporation Act 1985.

(2) Any profits made by SAAS are to be applied towards improving ambulance services for the South Australian community.

(3) Management of the affairs of SAAS is vested in a committee to be known as the Ambulance Board to be appointed by the Minister in accordance with the rules.

(4) The Ambulance Board must manage SAAS's affairs in accordance with this Act, the rules and the Associations Incorporation Act 1985.

(5) The Minister is the sole member of SAAS and may exercise control over SAAS by giving written directions to the Ambulance Board.

(6) The rules of SAAS are to be made, varied or revoked by regulation.

(7) The rules are made for the purposes of the Associations Incorporation Act 1985 and will be taken to conform with the requirements of that Act.

(8) The Ambulance Board must, within 1 month after a rule comes into operation, provide the Corporate Affairs Commission with a copy of the rule.

(9) If SAAS is wound up, any assets that are not required to meet SAAS's liabilities are to be used, as directed by the Minister, for improving ambulance services for the South Australian community.

13—Establishment of Country Ambulance Advisory Committee

(1) SAAS will establish the Country Ambulance Advisory Committee to advise it about the provision of ambulance services in country regions.

(2) At least one third of the members of the Advisory Committee must be volunteer ambulance officers and at least another third must be persons serving as volunteers in the administration of the provision of ambulance services.

14—Accounts and audit

(1) SAAS must keep proper accounting records of its financial affairs and must have annual statements of account prepared in respect of each financial year.

(2) The Auditor-General may at any time, and must at least once in each year, audit SAAS's accounts.

(3) Part 3 of the Public Finance and Audit Act 1987 applies to, and in relation to, SAAS as if it were a public authority within the meaning of that Act.

(4) The Auditor-General must, within 2 months after auditing SAAS's accounts, prepare a report relating to the audit and forward a copy of the report to SAAS and the Minister.

15—Limitation on SAAS's powers to borrow or invest money

(1) SAAS must not, without the written approval of the Treasurer, borrow money or accept any other form of financial accommodation.

(2) SAAS must not, without the written approval of the Treasurer, invest money.

16—Annual report

(1) SAAS must, on or before 30 September in each year, deliver to the Minister a report on its operations during the 12 months ending on the preceding 30 June.

(2) The report must—

(a) incorporate the Auditor-General's report for the relevant financial year; and

(b) include any direction given by the Minister under section 12(5) during the relevant financial year.

(3) The Minister must, within 12 sitting days after receiving a report under this section, have copies of the report laid before both Houses of Parliament.

16A—Application of Associations Incorporation Act 1985

(1) The Associations Incorporation Act 1985 is modified, in its application to SAAS, so far as necessary to give effect to this Part.

(2) In particular (but without limiting subsection (1))—

(a) sections 24 and 24A do not apply; and

(b) Divisions 2 and 3 of Part 4 do not apply; and

(d) the Act is, in its application to SAAS, subject to such further modifications as may be prescribed by regulation.

8—Amendment of section 17—Fees for ambulance services

Section 17(3), penalty provision—delete the penalty provision and substitute:

Maximum penalty: $20 000.

9—Amendment of section 18—Holding out etc

(1) Section 18(1), penalty provision—delete the penalty provision and substitute:

Maximum penalty: $2 500.

(2) Section 18(2), penalty provision—delete the penalty provision and substitute:

Maximum penalty: $2 500.

South Australian Bills

AMBULANCE SERVICES (SA AMBULANCE SERVICE INC) AMENDMENT BILL 2005