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Version No. 012
Non-Emergency Patient Transport Regulations 2005
S.R. No. 135/2005
Version incorporating amendments as at4 November 2015
TABLE OF PROVISIONSRegulation Page
Part 1—Preliminary 1
1 Objective 12 Authorising provision 13 Commencement 14 Definitions 2
Part 2—Classes of non-emergency patient transport services 7
Division 1—Classes of transport service 7
5 Classes of transport service 7
Division 2—Transport of low acuity patients 7
6 Definition 77 Staffing of vehicles used for the transport of low acuity
patients by a non-emergency patient transport service 88 Staffing of aeromedical services for transport of low acuity
patients 9
Division 3—Transport of medium acuity patients 9
9 Definition 910 Staffing of vehicles used for the transport of medium acuity
patients by a non-emergency patient transport service 1011 Staffing of aeromedical services for transport of medium
acuity patients 11
Division 4—Transport of high acuity patients 12
12 Definition 1213 Staffing of vehicles used for the transport of high acuity
patients by a non-emergency patient transport service 1214 Staffing of aeromedical services for transport of high acuity
patients 14
1
Part 3—Staffing of non-emergency patient transport services 15
19 Qualifications for staff of non-emergency patient transport services 15
20 Qualifications for staff of an aeromedical service 1721 Currency of qualifications 1722 Staff identification 1823 Standardisation of qualifications and experience 1824 Skills maintenance training 19
Part 4—Licensing 21
25 Application for a licence 2126 Application for renewal of licence 2127 Application for variation of a licence 2128 Application for approval in principle 2129 Application for variation of approval in principle 2230 Quality accreditation 2231 Loss of quality accreditation 23
Part 5—Stand-by services at public events 24
32 Application for stand-by accreditation at public events 2433 Accreditation for stand-by services at public events 24
Part 6—Records 25
34 Records to be kept 2535 Patient Care Records 2536 Staff records 2737 Records of an aeromedical service 28
Part 7—Patient rights and information 29
38 Establishment of complaints register 2939 Contents of complaints register 2940 Contact details of a provider 2941 Provision of information brochure 2942 Content of information brochure 30
Part 8—Infection control 31
43 Infection control management plan 3144 Vehicles 3145 Linen 32
Part 9—Provision, inspection and maintenance of vehicles and equipment 33
46 Maintenance of vehicles and equipment 3347 Records of maintenance 3348 Restraints 3349 Interiors of road vehicles 34
2
50 Exterior of vehicles and livery 3651 Equipment 3652 Communication devices 37
Part 10—General 39
53 Licence to be prominently displayed 3954 Public and professional liability insurance 39
Part 11—Aeromedical services 40
56 Report of breach of CASA requirements 4057 Aircraft equipment 4058 Configuration 4159 Stowage 4160 Loading 4161 Cabin 4262 Medical equipment 4363 Other equipment requirements 44
Part 12—Infringements 45
64 Infringement notices 4565 Infringement penalties 45
Schedules 46
Schedule 1—Application for a non-emergency patient transport service licence 46
Schedule 2—Application for the renewal of a non-emergency patient transport service licence 48
Schedule 3—Application for variation of a non-emergency patient transport service licence 49
Schedule 4—Application for approval in principle to operate a non-emergency patient transport service 50
Schedule 5—Application for variation or transfer of certificate of approval in principle to operate a non-emergency patient transport service 51
Schedule 6—Application for stand-by service accreditation 53
Schedule 7—Fees 54
Schedule 8 55
Schedule 9 57
Schedule 10 59
Schedule 11—Infringement notices and penalties 60
═══════════════
3
Endnotes 61
1 General information 61
2 Table of Amendments 63
3 Amendments Not in Operation 64
4 Explanatory details 65
4
Version No. 012
Non-Emergency Patient Transport Regulations 2005
S.R. No. 135/2005
Version incorporating amendments as at4 November 2015
Part 1—Preliminary1 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.
2 Authorising provision
These Regulations are made under section 64 of the Non-Emergency Patient Transport Act 2003.
3 Commencement
(1) These Regulations (apart from regulations 19(b), 30(1), 48(5) and 51(4)) come into operation on 1 February 2006.
(2) Regulations 19(b) and 48(5) come into operation on 1 February 2007.
(3) Regulation 30(1) comes into operation on 1 September 2007.
(4) Regulation 51(4) comes into operation on 1 February 2009.
1
4 Definitions
In these Regulations—
additives means any drug or therapeutic substance that is prescribed for the patient by a registered medical practitioner;
aeromedical service means a non-emergency patient transport service that transports patients by air;
air transport pilot licence means a licence by that name issued by CASA;
ARV means Adult Retrieval Victoria, a business unit of Ambulance Victoria that transports critically ill patients to a higher level of health care service;
AS/NZS 1754:2013 means Australian/New Zealand Standard 1754:2013, Child restraint systems for use in motor vehicles, as published jointly by Standards Australia and Standards New Zealand on 7 June 2013;
AS/NZS 4535:1999 means Australia/New Zealand Standard 4535:1999, Ambulance restraint systems, as published jointly by Standards Australia and Standards New Zealand on 5 February 1999;
AS/NZS ISO/IEC 27001:2006 means Australian/New Zealand Standard ISO/IEC 27001:2006, Information technology-Security techniques-Information security management systems-Requirements, as published jointly by Standards Australia and Standards New Zealand on 23 June 2006;
CASA means the Civil Aviation Safety Authority;
2
Reg. 4 def. of ARV inserted by S.R. No. 117/2014 reg. 4(3).
Reg. 4 def. of AS/NZS 1754:2013 inserted by S.R. No. 117/2014 reg. 4(3).
Reg. 4 def. of AS/NZS ISO/IEC 27001:2006 inserted by S.R. No. 117/2014 reg. 4(3).
clinical practice protocols means the clinical practice protocols determined by the Secretary from time to time;
infection control guidelines means the National Health and Medical Research Council's Australian Guidelines for the Prevention and Control of Infection in Healthcare published by the Commonwealth of Australia in 2010;
intervention, in relation to the treatment of a high acuity patient, means any treatment which may be administered by staff involved in high acuity patient care and includes any invasive procedure;
management, in relation to the treatment of a patient, includes the administration of those drugs which are permitted to be administered according to the clinical practice protocols and other general treatment not including intervention;
monitoring, in relation to the treatment of a patient, includes monitoring of cardiac, respiratory, metabolic, neurological or fluid status or any combination thereof, and monitoring of equipment;
* * * * *
3
Reg. 4 def. of clinical practice protocols inserted by S.R. No. 117/2014 reg. 4(3).
Reg. 4 def. of infection control guidelines substituted by S.R. No. 117/2014 reg. 4(1).
Reg. 4 def. of National Training Information Service revoked by S.R. No. 117/2014 reg. 4(2)(a).
* * * * *
nurse means a person registered under the Health Practitioner Regulation National Law—
(a) to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student); and
(b) in the registered nurses division of that profession;
obtund means to blunt or deaden in a manner which reduces or causes complete loss of sensation in nerves;
* * * * *
PIPER means Paediatric Infant Perinatal Emergency Retrieval operated under the auspices of the Royal Children's Hospital;
provider means—
(a) a person who provides non-emergency patient transport services in accordance with a licence under section 5(1) of the Act; and
(b) an ambulance service within the meaning of the Ambulance Services Act 1986 when providing a non-emergency patient transport service; and
4
Reg. 4 def. of NETS revoked by S.R. No. 117/2014 reg. 4(2)(b).
Reg. 4 def. of nurse substituted by S.R. No. 78/2010 reg. 3(1).
Reg. 4 def. of PETS revoked by S.R. No. 117/2014 reg. 4(2)(c).Reg. 4 def. of PIPER inserted by S.R. No. 117/2014 reg. 4(3).
(c) a public hospital or denominational hospital when providing a non-emergency patient transport service; and
(d) any other person providing non-emergency patient transport services in accordance with the Act;
registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);
registered training organisation means a person or body registered in accordance with the Victorian Qualifications Authority Act 2000 to deliver an accredited course or issue a recognised qualification;
rural location means a location within the Barwon South Western Region, Gippsland Region, Grampians Region, Hume Region or Loddon Mallee Region, as prescribed in the Health Services (Prescribed Regions) Regulations 20041;
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;
* * * * *
5
Reg. 4 def. of registered medical practitioner inserted by S.R. No. 78/2010 reg. 3(2).
Reg. 4 def. of the clinical practice protocols revoked by S.R. No. 117/2014 reg. 4(2)(d).
time critical in relation to the condition of a patient, means that the condition is such that immediate medical attention is necessary and requires a response by the public emergency ambulance service;
Training.gov.au means the service managed by the Commonwealth on behalf of Victoria and the other States and Territories that includes the National Register of Vocational Education and Training in Australia;
* * * * *
Victorian Qualifications Authority means the Victorian Qualifications Authority established by the Victorian Qualifications Authority Act 2000.
6
Reg. 4 def. of Training.gov.au inserted by S.R. No. 117/2014 reg. 4(3).
Reg. 4 def. of VAERCS revoked by S.R. No. 117/2014 reg. 4(2)(e).
Part 2—Classes of non-emergency patient transport services
Division 1—Classes of transport service5 Classes of transport service
For the purposes of section 64(1)(d) of the Act, the following classes of non-emergency patient transport service are prescribed—
(a) low acuity patient road transport service;
(b) low acuity patient air transport service;
(c) medium acuity patient road transport service;
(d) medium acuity patient air transport service;
(e) high acuity patient road transport service;
(f) high acuity patient air transport service.
Division 2—Transport of low acuity patients6 Definition
In this Division a low acuity patient is a patient who requires active monitoring and has one or more of the following conditions—
(a) impaired cognitive function requiring supervision;
(b) chronic diagnosed shortness of breath if there has been no recent change in that condition;
(c) an inability to travel in a normal seated position;
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(d) an inability to walk more than a few steps unaided—
but does not include a patient—
* * * * *
(f) referred to in paragraph (b), if being transported by an aeromedical service;
(g) whose condition is time critical or whose condition is likely to become time critical during transport.
7 Staffing of vehicles used for the transport of low acuity patients by a non-emergency patient transport service
A provider, if transporting a low acuity patient in a vehicle by road, must provide the following staff—
(a) if the patient is able to walk to the vehicle and lie down on a stretcher unaided, 1 patient transport officer; or
(b) if the patient is unable to walk to the vehicle and lie down on a stretcher unaided, 2 patient transport officers; or
(c) if a risk assessment is carried out in accordance with the Occupational Health and Safety (Manual Handling) Regulations 19992, and it is deemed safe on the grounds that assistance at either end of the journey will be provided, 1 patient transport officer.
Penalty:20 penalty units.
Reg. 6(e) revoked by S.R. No. 117/2014 reg. 5.
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8 Staffing of aeromedical services for transport of low acuity patients
A provider of an aeromedical service, if transporting a low acuity patient by air, must provide the following staff—
(a) 1 pilot; and
(b) either—
(i) if the patient is able to walk into the aircraft and lie down on a stretcher unaided, 1 ambulance transport attendant; or
(ii) if a risk assessment is carried out in accordance with the Occupational Health and Safety (Manual Handling) Regulations 1999, and it is deemed safe on the grounds that the road crew at either end of the journey or aircrew can assist, 1 ambulance transport attendant; or
(iii) if paragraph (b)(i) and (ii) do not apply, 1 ambulance transport attendant and 1 patient transport officer.
Penalty:20 penalty units.
Division 3—Transport of medium acuity patients9 Definition
In this Division a medium acuity patient is a patient—
(a) who requires active monitoring or management; and
(b) who is assessed by a registered medical practitioner as being haemodynamically stable for the duration of the transport; and
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(c) who may also require—
(i) specialised equipment requiring monitoring; or
(ii) observation and monitoring of an intravenous infusion that does not contain any vasoactive agents; or
(iii) in cases where the patient has been pain-free for a period of not less than 2 hours from the time of presentation, observation and monitoring of an intravenous infusion that contains glyceryl trinitrate—
but does not include a patient whose condition is time critical or whose condition is likely to become time critical during the transport.
10 Staffing of vehicles used for the transport of medium acuity patients by a non-emergency patient transport service
(1) A provider, if transporting a medium acuity patient in a vehicle by road, must provide the following staff—
(a) 1 ambulance transport attendant; and
(b) 1 patient transport officer.
Penalty:20 penalty units.
(2) Subregulation (1) does not apply to a provider that is an ambulance service if—
(a) the service is operating at a rural location; and
(b) it is not reasonably practicable for the service, by reason of its location, to comply with the requirements of that subregulation.
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(3) Despite subregulation (2), subregulation (1) applies if a provider that is an ambulance service is transporting a sedated patient.
(4) If subregulation (2) applies, the provider must take reasonable steps to secure the services of another provider to undertake the transport.
(5) A provider that has been unable to secure the services of another provider in accordance with subregulation (4) may transport the patient using the staff available at the rural location.
11 Staffing of aeromedical services for transport of medium acuity patients
A provider of an aeromedical service, if transporting a medium acuity patient by air, must provide the following staff—
(a) 1 pilot; and
(b) either—
(i) if a risk assessment has been carried out in accordance with the Occupational Health and Safety (Manual Handling) Regulations 1999, and it is deemed safe on the grounds that the road crew at either end of the journey or aircrew can assist, 1 ambulance transport attendant; or
(ii) if paragraph (b)(i) does not apply, 1 ambulance transport attendant and 1 patient transport officer.
Penalty:20 penalty units.
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Division 4—Transport of high acuity patients12 Definition
In this Division a high acuity patient is a patient—
(a) who requires active monitoring, management or intervention; and
(b) who is assessed by a registered medical practitioner as being haemodynamically stable for the duration of the transport; and
(c) who requires one or more of the following—
(i) cardiorespiratory support;
(ii) a higher level of care than that required by regulation 9 for the transport of a medium acuity patient;
(iii) in cases where the patient has been pain free for at least 2 hours from the time of presentation, observation and monitoring of an intravenous line with additives including glyceryl trinitrate;
(iv) transport by PIPER's neonatal emergency transport service, PIPER's paediatric emergency transport service or ARV in a vehicle used to transport patients by a non-emergency patient transport service—
but does not include a patient whose condition is time critical or whose condition is likely to become time critical during the transport.
13 Staffing of vehicles used for the transport of high acuity patients by a non-emergency patient transport service
(1) A provider, if transporting a high acuity patient in a vehicle by road, must provide the following staff in accordance with paragraph (a), (b) or (c)—
Reg. 12(c)(iv) substituted by S.R. No. 117/2014 reg. 6.
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(a) (i) 1 patient transport officer; and
(ii) 1 ambulance transport attendant; and
(iii) a nurse or registered medical practitioner escort from the health service from which the patient is being transported; or
(b) (i) 1 patient transport officer; and
(ii) 1 nurse with the qualifications set out in regulation 19(f); or
(c) (i) 1 patient transport officer; and
(ii) 1 member of staff of PIPER's neonatal emergency transport service, PIPER's paediatric emergency transport service or ARV.
Penalty:20 penalty units.
(2) Subregulation (1) does not apply to a provider that is an ambulance service if—
(a) the service is operating at a rural location; and
(b) it is not reasonably practicable for the service, by reason of its location, to achieve the staffing requirements set out in that subregulation.
(3) Despite subregulation (2), subregulation (1) applies if a provider that is an ambulance service is transporting a sedated patient.
(4) If subregulation (2) applies, the provider must take reasonable steps to secure the services of another provider to undertake the transport.
(5) A provider that has been unable to secure the services of another provider in accordance with subregulation (4) may transport the patient using the staff available at the rural location.
Reg. 13(1)(c)(ii) substituted by S.R. No. 117/2014 reg. 7.
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14 Staffing of aeromedical services for transport of high acuity patients
A provider of an aeromedical service, if transporting a high acuity patient by air, must provide the following staff—
(a) 1 pilot; and
(b) either—
(i) a nurse or registered medical practitioner escort from the health service from which the patient is being transported and 1 ambulance transport attendant; or
(ii) 1 nurse with the qualifications set out in regulation 19(f); or
(iii) 1 ambulance transport attendant and 1 staff member of PIPER's neonatal emergency transport service, PIPER's paediatric emergency transport service or ARV.
Penalty:20 penalty units.
* * * * *
Reg. 14(b)(iii) substituted by S.R. No. 117/2014 reg. 8.
Pt 2 Div. 5 (Heading and regs 15–18) revoked by S.R. No. 117/2014 reg. 9.
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Part 3—Staffing of non-emergency patient transport services
19 Qualifications for staff of non-emergency patient transport services
A provider must ensure that staff members of the provider have the following minimum qualifications—
(a) for a person driving a vehicle used for the transport of a patient by a non-emergency patient transport service, a full driver licence.
Penalty:20 penalty units;
(b) for a patient transport officer, Certificate III in Non-Emergency Patient Transport, or equivalent.
Penalty:20 penalty units;
(c) for an ambulance transport attendant—
(i) Diploma of Paramedical Science (Ambulance) or equivalent, and not less than 400 hours of supervised clinical practice; or
(ii) Diploma of Health Sciences (Emergency Care), and not less than 400 hours of supervised clinical practice.
Penalty:20 penalty units;
(d) for an ambulance officer—
(i) Associate Diploma of Health Science (Ambulance Officer); or
(ii) Certificate of Applied Science (Ambulance Officer); or
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(iii) Diploma in Health Science (Ambulance) or equivalent.
Penalty:20 penalty units;
(e) for a nurse employed by a provider, completion of an appropriate bridging course for practice in the non-emergency patient transport sector.
Penalty:20 penalty units;
(f) for a nurse employed by a provider to undertake the primary care role in the transport of high acuity patients—
(i) a critical care qualification; and
(ii) experience in the intensive care unit, coronary care unit, emergency department or equivalent unit of a hospital, within the preceding 24 months; and
(iii) an appropriate bridging course for practice in the non-emergency patient transport sector.
Penalty:20 penalty units;
(g) for a clinical instructor—
(i) full time work for a period of not less than 18 months or equivalent as—
(A) an ambulance paramedic with an ambulance service; or
(B) an ambulance transport attendant or nurse with a non-emergency patient transport service provider; and
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(ii) completion of a clinical instructors programme, consisting of not less than the following units of the certificate level IV Training and Assessment recognised by Training.gov.au—
(A) Provide work skill instruction;
(B) Plan assessment activities and processes;
(C) Assess competence;
(D) Participate in assessment validation.
Penalty:20 penalty units.
20 Qualifications for staff of an aeromedical service
(1) A provider must ensure that in addition to the requirements of regulation 19, staff of an aeromedical service, other than a pilot and patient transport officer, must have successfully completed the introductory unit of the Monash University Centre of Paramedic Studies Certificate in Aeromedical Retrieval, or equivalent.
Penalty:20 penalty units.
(2) A provider must ensure that a pilot transporting a patient holds an air transport pilot licence.
Penalty:20 penalty units.
21 Currency of qualifications
A provider must ensure that all staff referred to in regulation 19—
(a) have been actively employed by a non-emergency patient transport service or an ambulance service within the 2 years prior to commencing work with the provider; or
Reg. 19(g)(ii) substituted by S.R. No. 117/2014 reg. 10.
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(b) undertake supervised clinical practice for a period equivalent to not less than 10 full time weeks.
Penalty:20 penalty units.
22 Staff identification
(1) A provider must ensure that all staff referred to in regulation 19 wear an identification tag while on duty displaying one of the following titles as appropriate—
(a) Non-Emergency Patient Transport—Patient Transport Officer;
(b) Non-Emergency Patient Transport—Ambulance Transport Attendant;
(c) Non-Emergency Patient Transport—Ambulance Officer;
(d) Non-Emergency Patient Transport—Division 1 Registered Nurse;
(e) Non-Emergency Patient Transport—Division 1 Registered Nurse—Critical Care.
Penalty: 1 penalty unit.
(2) A provider must ensure that the words "Non-Emergency Patient Transport" are dominant on the identification tag and that the title appears in a less prominent manner.
Penalty: 1 penalty unit.
23 Standardisation of qualifications and experience
(1) In accordance with regulation 19(b), (c) and (d) and regulation 20(1), a provider must, before employing any staff member whose qualifications are equivalent to the qualifications set out in those regulations—
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(a) commission a registered training organisation to undertake an assessment of the prospective staff member's qualifications, currency of qualifications and clinical experience to ensure that they are of an equivalent standard to the qualifications set out in those regulations; or
(b) require the prospective staff member to produce a certificate that states that the qualifications of the prospective staff member are equivalent to the qualifications set out in those regulations.
Penalty:10 penalty units.
(2) Before engaging a registered training organisation to undertake an assessment, the provider must ensure that the registered training organisation is registered with the Victorian Qualifications Authority to deliver training in a course set out in regulations 19 and 20 that is relevant to the job classification of the prospective staff member.
24 Skills maintenance training
(1) A provider must ensure that all staff referred to in regulation 19 are provided with annual training in the following areas—
(a) basic life support; and
(b) occupational health and safety, with particular attention to manual handling and infection control; and
(c) the clinical practice protocols
Penalty:10 penalty units.
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(2) A provider must ensure that in addition to the requirements of subregulation (1), ambulance transport attendants, ambulance officers and nurses undertaking medium and high acuity patient transport are provided with training in defibrillator and electrocardiogram rhythm recognition.
Penalty:10 penalty units.
(3) Subregulation (2) does not apply to PIPER's neonatal emergency transport service.
(4) A provider must keep a record of the names of staff who have participated in training in respect of each subject area set out in subregulations (1) and (2), and the level of accreditation achieved by each staff member.
Penalty:10 penalty units.
Reg. 24(3) amended by S.R. No. 117/2014 reg. 11.
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Part 4—Licensing25 Application for a licence
(1) For the purposes of section 14(2)(a) of the Act, the prescribed form is the form set out in Schedule 1.
(2) For the purposes of section 14(2)(b) of the Act, the prescribed fee is to be calculated in accordance with items 3 and 4 of Schedule 7.
26 Application for renewal of licence
(1) For the purposes of section 21(2)(a) of the Act, the prescribed form is the form set out in Schedule 2.
(2) For the purposes of section 21(2)(b) of the Act, the prescribed fee is to be calculated in accordance with item 6 of Schedule 7.
27 Application for variation of a licence
(1) For the purposes of section 26(2)(a) of the Act, the prescribed form is the form set out in Schedule 3.
(2) For the purposes of section 26(2)(b) of the Act, the prescribed fee is to be calculated in accordance with item 5 of Schedule 7.
28 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 4.
(2) For the purposes of section 8(2)(b) of the Act, the prescribed fee is to be calculated in accordance with item 1 of Schedule 7.
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29 Application for variation of approval in principle
(1) For the purposes of sections 8(2)(a) and 12 of the Act, the prescribed form is the form set out in Schedule 5.
(2) For the purposes of section 8(2)(b) and section 12 of the Act, the prescribed fee is to be calculated in accordance with item 2 of Schedule 7.
30 Quality accreditation
(1) A person applying for a licence under section 5(1) of the Act must—
(a) have obtained quality accreditation from the Australian Council on Healthcare Standards or the Quality Improvement Council or a similarly recognised body, or certification of a quality improvement system from a company accredited by the Joint Accreditation System of Australia and New Zealand; or
(b) (i) obtain quality accreditation or certification as described in paragraph (a) within 18 months of being granted a licence; and
(ii) provide a plan with the application that sets out what steps will be taken to achieve accreditation or certification within 18 months of being granted a licence.
(2) A person granted a licence must maintain the quality accreditation or certification for the duration of the licence.
Penalty:10 penalty units.
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31 Loss of quality accreditation
A licence holder must report immediately to the Department any suspension or revocation of their quality accreditation during the period of their licence.
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Part 5—Stand-by services at public events32 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 to be calculated in accordance with item 7 of Schedule 7.
33 Accreditation for stand-by services at public events
A provider that applies for stand-by service accreditation under section 35(3) of the Act and that can demonstrate on application a capability to transport medium acuity or high acuity patients may be granted stand-by service accreditation.
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Part 6—Records34 Records to be kept
(1) A provider must ensure that all the following records are accurately maintained—
(a) patient care records;
(b) staff records;
(c) vehicle and equipment registers.
Penalty:10 penalty units.
(2) A provider must ensure that the records referred to in subregulation (1) are stored in a secure manner in accordance with AS/NZS ISO/IEC 27001:2006.
Penalty:10 penalty units.
35 Patient Care Records
(1) In the case of a low acuity patient, a provider must ensure that a patient care record includes the following information—
(a) the patient's name; and
(b) the patient's address; and
(c) the patient's date of birth; and
(d) the patient's gender; and
(e) the time and date of the patient's transport and, in the case of aeromedical services, the flight time; and
(f) the reason for the patient's transport; and
(g) the patient's pick up location and final destination; and
(h) the printed names and titles of staff undertaking the patient's transport.
Penalty:10 penalty units.
Reg. 34(2) amended by S.R. No. 117/2014 reg. 12.
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(2) If a low acuity patient's destination is a health or aged care service, a provider must ensure that the information contained in the patient care record is verbally communicated to the person receiving the patient.
(3) In the case of a medium or a high acuity patient, the provider must ensure that the patient care record includes the following information—
(a) the patient's name; and
(b) the patient's address; and
(c) the patient's date of birth; and
(d) the patient's gender; and
(e) all relevant clinical details of the patient including any co-morbidities; and
(f) the admission diagnosis of the patient; and
(g) the time and date of the patient's transport and, in the case of an aeromedical service, the flight time; and
(h) the reason for the patient's transport; and
(i) the name of the registered medical practitioner that has assessed the patient as being haemodynamically stable for the duration of the transport; and
(j) the patient's pick up location and final destination; and
(k) details of any monitoring or treatment provided to the patient during transportation; and
(l) the printed names and titles of staff undertaking the patient's transport.
Penalty:10 penalty units.
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(4) If a medium or high acuity patient's destination is a health or aged care service, a provider must ensure that—
(a) the information contained in the patient care record is communicated verbally to the person receiving the patient at the health or aged care service; and
(b) a copy of the patient care record is provided to the person receiving the patient at the health or aged care service.
36 Staff records
(1) For the purposes of regulation 34, staff records must include the following information in relation to each staff member—
(a) full name; and
(b) date of birth; and
(c) job classification; and
(d) qualifications; and
(e) relevant clinical experience; and
(f) if registered with a professional body, the relevant registration number; and
(g) immunisation records as recommended in the infection control guidelines; and
(h) mandatory skills maintenance training and accreditation record.
Penalty:10 penalty units.
(2) In the case of an aeromedical service, in addition to the information specified in subregulation (1), staff records must contain—
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(a) details of a pre-employment examination by a CASA appointed designated aviation medical examiner who is not a staff member of the service; and
(b) a schedule of and report on health and fitness reviews of staff members.
Penalty:10 penalty units.
(3) A provider must retain the staff records for a period of not less than 2 years following cessation of employment of the staff member.
Penalty:10 penalty units.
37 Records of an aeromedical service
A provider of an aeromedical service must produce a copy of its current Air Operators Certificate issued by CASA to the Department at the request of the Department.
Penalty:10 penalty units.
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Part 7—Patient rights and information38 Establishment of complaints register
A provider must establish a complaints register for all complaints received about the service, whether the complaints were made in writing or verbally.
Penalty:10 penalty units.
39 Contents of complaints register
A provider must ensure that its complaints register contains the following information—
(a) the nature of the complaint; and
(b) the date of the complaint; and
(c) details of any investigation of the complaint; and
(d) the outcome of any investigation of the complaint; and
(e) any action taken.
Penalty:10 penalty units.
40 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.
41 Provision of information brochure
A provider must ensure that an information brochure containing the information set out in regulation 42 is made available on request to a patient transported by the service.
Penalty:10 penalty units.
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42 Content of information brochure
An information brochure provided to a patient in accordance with regulation 41 must contain the following information—
(a) the patient's rights when using a non-emergency patient transport service; and
(b) the non-emergency patient transport service's complaints procedure, including—
(i) contact details of the non-emergency patient transport service; and
(ii) how a complaint about the service will be managed and the associated time frames; and
(iii) alternative avenues for making a complaint about the service.
Penalty:10 penalty units.
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Part 8—Infection control43 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 the generality of subregulation (1) the plan must—
(a) identify all possible areas where there is a risk of transmission of infection; and
(b) identify areas that require ongoing infection control education; and
(c) state the name and qualifications of the person responsible for identifying areas of risk; and
(d) identify the mechanism by which compliance with the infection control management plan will be monitored.
Penalty:20 penalty units.
(3) A provider must ensure that the infection control management plan is reviewed annually.
Penalty:20 penalty units.
44 Vehicles
(1) A provider must ensure that a vehicle-cleaning plan is developed in compliance with the infection control guidelines.
Penalty:20 penalty units.
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(2) The vehicle-cleaning plan must include—
(a) an associated cleaning schedule; and
(b) guidelines on cleaning practices.
Penalty:20 penalty units.
(3) A provider must ensure that all vehicles used for the transport of patients by a non-emergency patient transport service are kept in a clean and hygienic condition.
Penalty:20 penalty units.
45 Linen
A provider must ensure that the use, disposal and laundering of linen is included in the infection control management plan developed under regulation 43.
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Part 9—Provision, inspection and maintenance of vehicles and equipment46 Maintenance of vehicles and equipment
A provider must ensure that an annual maintenance schedule is developed to ensure all vehicles and equipment are kept in good working order in accordance with the manufacturers' specifications.
Penalty:10 penalty units.
47 Records of maintenance
(1) A provider must keep an accurate record of all maintenance and repairs to vehicles and equipment.
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 any vehicle or equipment to which it relates.
Penalty:10 penalty units.
48 Restraints
(1) A provider must ensure that all stretcher and seating positions within a road vehicle are provided with restraints in accordance with AS/NZS 4535:1999 and AS/NZS 1754:2013.
Penalty:20 penalty units.
(2) If a non-emergency patient transport service transports neonates within incubators, the provider must ensure that—
Reg. 48(1) amended by S.R. No. 117/2014 reg. 13.
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(a) the incubator is fastened to the stretcher using restraint devices compliant with AS/NZS 4535:1999 in a manner that does not obstruct access to the infant; and
(b) the neonate is restrained within the incubator with netting or a harness designed for this purpose.
Penalty:20 penalty units.
(3) A provider must ensure that vehicle interiors are provided with adequate infant and child restraint devices to accommodate infants and children being transported.
Penalty:20 penalty units.
(4) A provider must ensure that vehicle interiors are provided with adequate restraint devices compliant with AS/NZS 4535:1999 to allow for the restraint of equipment within the vehicle.
Penalty:20 penalty units.
(5) A provider must ensure that vehicle interiors are provided with restraint devices adequate to secure a mobility device of up to 1 metre 06 metres 03 metres in size.
Penalty:20 penalty units.
49 Interiors of road vehicles
(1) A provider must ensure that vehicle interiors are provided with adequate room between stretchers and seats that is sufficient to facilitate proper patient care.
Penalty:10 penalty units.
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(2) A provider must ensure that vehicle interiors are provided with seating in the patient compartment to allow for at least one attendant and for adequate seating for all persons travelling in the vehicle.
Penalty:10 penalty units.
(3) A provider must ensure that vehicle interiors allow the patient to be viewed at all times by staff working in an operational role.
Penalty: 5 penalty units.
(4) A provider must ensure that vehicle interiors are provided with heating and air-conditioning sufficient to ensure patient comfort within the vehicle.
Penalty: 5 penalty units.
(5) A provider must ensure that vehicles are provided with windows fitted to all doors.
Penalty: 5 penalty units.
(6) A provider must ensure that vehicle interiors are provided with window tinting, to a degree which is legally acceptable, to maintain patient privacy.
Penalty: 5 penalty units.
(7) 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, together with the ability to adjust lighting from the patient compartment and from the driver compartment.
Penalty:10 penalty units.
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(8) A provider must ensure that vehicle interiors are provided with a 240 volt (2 amp) power supply with two outlets within the vehicle that must be installed by a qualified electrical contractor, and where the transport of incubators or other 12 volt devices is required, that a 12 volt (10 amp) power supply compliant with applicable electrical standards is available.
Penalty:10 penalty units.
(9) A provider must ensure that vehicle interiors are provided with smooth, impermeable, seamless materials for the surface of floors and walls in accordance with the infection control guidelines.
Penalty: 5 penalty units.
50 Exterior of vehicles and livery
A provider must ensure that all vehicles used for the transport of patients by a non-emergency patient transport service are clearly distinguishable from an ambulance operated by an ambulance service within the meaning of section 39(1) of the Ambulance Services Act 1986, and that if the word "paramedic" or any variation to the word appears on the vehicle, the letters must be no larger than 6 centimetres in height.
Penalty:10 penalty units.
51 Equipment
(1) A provider, if transporting a low acuity patient in a vehicle by road or by air, must ensure that the vehicle or aircraft carries all the equipment and supplies specified in Schedule 8 and that the equipment is maintained in working order.
Penalty:20 penalty units.
(2) A provider, other than PIPER's neonatal emergency transport service, if transporting a
Reg. 51(2) amended by S.R. No. 117/2014 reg. 14(1).
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medium or high acuity patient in a vehicle by road or by air, must ensure that the vehicle or aircraft carries all the equipment and supplies specified in Schedule 9 and that the equipment is maintained in working order.
Penalty:20 penalty units.
(3) PIPER's neonatal emergency transport service, if transporting a medium or high acuity patient in a vehicle by road or by air, must ensure that the vehicle or aircraft carries all the equipment and supplies specified in Schedule 10 and that the equipment is maintained in working order.
Penalty:20 penalty units.
(4) A provider must ensure that any defibrillator carried is a shock advisory external defibrillator.
Penalty:20 penalty units.
(5) A provider may use any additional health equipment supplied by the health service from which the patient is being transported, provided the health equipment complies with AS/NZS 4535:1999.
(6) A provider must ensure that all electrical equipment is adequately charged for use during all hours of vehicle operation.
Penalty:10 penalty units.
52 Communication devices
(1) A provider must ensure that communication devices are available during a non-emergency patient transport service's hours of operations to enable the service to maintain contact with the non-emergency patient transport service base, the
health service destination and an ambulance service.
Reg. 51(3) amended by S.R. No. 117/2014 reg. 14(2).
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Penalty:20 penalty units.
(2) In the case of an aeromedical service, the provider must ensure that all aircraft have a clinical communication system that facilitates direct, duplex communication between staff and other medical and transport services on the ground or any health service by the public switched telephone network.
Penalty:20 penalty units.
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Part 10—General53 Licence to be prominently displayed
A provider must display its non-emergency patient transport service licence in a prominent position in the reception or administrative area of the non-emergency patient transport service office.
Penalty: 5 penalty units.
54 Public and professional liability insurance
A provider must obtain public liability insurance and professional indemnity insurance, each to the value of 10 million dollars.
55 Clinical practice protocols
A provider must comply with the clinical practice protocols.
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Part 11—Aeromedical services56 Report of breach of CASA requirements
(1) A provider of an aeromedical service must report immediately to the Department if it is issued by CASA with—
(a) a non-conformance notice; or
(b) a show just cause notice.
Penalty:20 penalty units.
(2) A provider of an aeromedical service must notify the Department of any exemptions granted by CASA to CASA's requirements for the provision of an aeromedical service.
Penalty:20 penalty units.
57 Aircraft equipment
A provider of an aeromedical service must ensure that any aircraft it uses for an aeromedical service is fitted with—
(a) the minimum equipment required by CASA to fly the aircraft solely using the aircraft's instruments, without visual references; and
(b) anti-icing and de-icing facilities; and
(c) a 240 volt (2 amp) power supply with two outlets; and
(d) if the transport of incubators or other 12 volt devices is required, a 12 volt (10 amp) power supply compliant with applicable electrical standards.
Penalty:20 penalty units.
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58 Configuration
(1) A provider of an aeromedical service must ensure that the clinical facilities and equipment in an aircraft used by it for an aeromedical service are placed in a position to allow continued patient treatment at all times, including during adverse weather conditions.
Penalty:10 penalty units.
(2) A provider of an aeromedical service must ensure that a seat is provided for any person travelling on the aircraft.
Penalty:10 penalty units.
59 Stowage
(1) A provider of an aeromedical service must ensure that an aircraft used by it for an 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 provision is made in an aircraft used by it for an aeromedical service for the carriage and stowage of passenger or patient cabin baggage and five kilograms of luggage per passenger.
Penalty:10 penalty units.
60 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 an aeromedical service are designed to permit boarding and disembarking of both ambulatory and stretcher patients.
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Penalty:10 penalty units.
(2) A provider of an aeromedical service must ensure that stretcher loading and unloading requires the assistance of not more than two persons.
Penalty:10 penalty units.
(3) A provider of an aeromedical service must ensure that loading and unloading of stretcher patients is achievable without rotating the patient more than ten degrees in roll, or eight degrees in pitch, measured relative to the floor of the aircraft.
Penalty:10 penalty units.
(4) A provider of an aeromedical service must ensure the stretcher-loading device allows access to patients to be maintained at all times during loading and unloading.
Penalty:10 penalty units.
61 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) for night flights, opaque washable curtains or dividers are fitted between the cockpit and cabin.
Penalty:10 penalty units.
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62 Medical equipment
A provider of an aeromedical service must ensure that any aircraft used by it for an aeromedical service is provided with the equipment and supplies set out in Schedule 9 with the following additional requirements—
(a) oxygen, with the following minimum requirements—
(i) medical aircraft must be fitted with a CASA approved medical oxygen system capable of supplying adequate oxygen for any foreseeable mission profile; and
(ii) warning device or devices for main medical oxygen supply exhaustion; and
(iii) oxygen must be able to be turned off during flight;
(b) suction, with the following minimum requirements—
(i) medical aircraft must be fitted with a suction system capable of performing in all foreseeable cabin pressures; and
(ii) there should be one suction outlet and apparatus per stretcher, plus one reserve method of applying suction; and
(iii) suction equipment is able to operate when aircraft is not in flight.
Penalty:20 penalty units.
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63 Other equipment requirements
A provider of an aeromedical service must ensure that all patients dependent on a mechanical ventilator during non-emergency transport by air are protected with a disconnect alarm and have capnography available to them.
Penalty:20 penalty units.
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Part 12—Infringements64 Infringement notices
For the purposes of section 56(1) of the Act, a prescribed offence is an offence set out in column 1 of the Table in Schedule 11.
65 Infringement penalties
For the purposes of section 57 of the Act, the infringement penalty for an offence set out in column 1 of the Table in Schedule 11 is the amount in penalty units set out opposite that infringement in column 2 of that Table.
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Schedules
Schedule 1—Application for a non-emergency patient transport service
licenceRegulation 25
SECTION A
(1) Full name of applicant:
(2) Postal address of applicant:
(3) The name, telephone and facsimile numbers 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; or
transport of medium acuity patients; or
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 business is located:
(3) The proposed number and types of vehicles:
Type of vehicle Number of vehicles
road
fixed wing aircraft
rotary wing aircraft
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Signature of applicant:
Name of each signatory (in BLOCK LETTERS):
Date:
*Delete if inapplicable.
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Schedule 2—Application for the renewal of a non-emergency patient transport service
licenceRegulation 26
Non-Emergency Patient Transport Regulations 2005
SECTION A
(1) Full name of applicant:
(2) Postal address of applicant:
(3) The name, telephone and facsimile numbers 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 name of the non-emergency patient transport service and its street address:
(2) Date of expiry of current licence:
Signature of applicant:
Name of each signatory (in BLOCK LETTERS):
Date:
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Schedule 3—Application for variation of a non-emergency patient transport service
licenceRegulation 27
Non-Emergency Patient Transport Regulations 2005
SECTION A
(1) Full name of applicant:
(2) Postal address of applicant:
(3) The name, telephone and facsimile numbers and email address of a contact person for the purposes of the application:
SECTION B
(1) The nature of the variation sought—
variation of any condition to which the licence is subject; or
an alteration in the number of vehicles to which the licence relates; or
an alteration in the type of vehicles to which the licence relates.
(2) Details of the variation sought:
Signature of applicant:
Name of each signatory (in BLOCK LETTERS):
Date:
*Delete if inapplicable.
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Schedule 4—Application for approval in principle to operate a non-emergency patient
transport serviceRegulation 28
SECTION A
(1) Full name of applicant:
(2) Postal address of applicant:
(3) The name, telephone and facsimile numbers 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; or
transport of medium acuity patients; or
transport of high acuity patients.
(3) The proposed number and types of vehicles:
Type of vehicle Number of vehicles
road
fixed wing aircraft
rotary wing aircraft
Signature of applicant:
Name of each signatory (in BLOCK LETTERS):
Date:
*Delete if inapplicable.
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Schedule 5—Application for variation or transfer of certificate of approval in principle to operate a non-emergency patient transport
serviceRegulation 29
SECTION A
(1) Full name of applicant:
(2) Postal address of applicant:
(3) The name, telephone and facsimile numbers 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 approval in principle 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) Reason for the proposed variation:
(4) If the application relates to the transfer of the certificate to another person:
(a) the name of that person; and
(b) the postal address of that person; and
(c) that person's, telephone and facsimile numbers and email address.
(5) If the 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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Signature of applicant:
Name of each signatory (in BLOCK LETTERS):
Date:
*Delete if inapplicable.
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Schedule 6—Application for stand-by service accreditation
Regulation 32
Non-Emergency Patient Transport Regulations 2005
SECTION A
(1) Full name of applicant:
(2) Postal address of applicant:
(3) The name, telephone and facsimile numbers 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:
Signature of applicant:
Name of each signatory (in BLOCK LETTERS):
Date:
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Schedule 7—FeesRegulations 25, 26, 27, 28, 29, 32
No.
Item Fee
1 Fee for application for approval in principle 126 fee units
2 Fee for variation or transfer of approval in principle
28 fee units
3 Fee for application for non-emergency patient transport licence0–9 vehicles10–19 vehicles20–29 vehicles30–39 vehicles40–49 vehicles50+ vehicles
48 fee units154 fee units250 fee units336 fee units441 fee units537 fee units
4 Surcharge per aircraft 10 fee units
5 Fee for variation of licence 82 fee units
6 Fee for renewal of licence0–9 vehicles10–19 vehicles20–29 vehicles30–39 vehicles40–49 vehicles50+ vehicles
48 fee units154 fee units250 fee units336 fee units441 fee units537 fee units
7 Fee for stand-by accreditation 33 fee units
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Schedule 8Regulation 51
EQUIPMENT AND SUPPLIES TO BE PROVIDED IN NON-EMERGENCY PATIENT TRANSPORT VEHICLES INCLUDING AIRCRAFT USED TO TRANSPORT LOW
ACUITY PATIENTS
Portable suction
Fixed oxygen supply
Fixed oxygen flowmeter
Suction catheter set
Sharps container
Personal protective equipment
Stethoscope
Urine bottle
Bedpan
Toilet paper
Drinking water
Emesis bags
Portable oxygen resuscitator capable of providing oxygen therapy
Spare portable oxygen bottles
Oxygen key wheel (if required)
Oxygen tubing and connectors
Oxygen masks/nasal cannula (adult and child)
Disposable gloves
Assortment of pads and bandages
Infectious waste bags
Eye pads
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Linen to adequately service stretchers
Alcohol hand rub
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Schedule 9Regulations 51 and 62
EQUIPMENT AND SUPPLIES TO BE PROVIDED IN NON-EMERGENCY PATIENT TRANSPORT VEHICLES
INCLUDING AIRCRAFT USED TO PROVIDE TRANSPORT FOR MEDIUM AND HIGH ACUITY PATIENTS
Portable suction
Fixed oxygen supply
Fixed oxygen flowmeter
Suction catheter set
Sharps container
Portable intravenous mounting equipment for stretcher
Intravenous cannulae and equipment
Intravenous fluids
Defibrillator (cardiac monitor if not incorporated in defibrillator)
Defibrillation pad set
Personal protective equipment
Stethoscope
Urine bottle
Bedpan
Toilet paper
Drinking water
Portable oxygen resuscitator capable of providing oxygen therapy
Spare portable oxygen bottles
Oxygen bottle wheel (if required)
Oxygen tubing and connector
Oxygen masks/nasal cannula (adult and child)
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Disposable gloves
Spare ECG electrodes
Assortment of pads and bandages
Infectious waste bags
Eye pads
Sphygmomanometer (not mercury)
Emesis bags
Linen to adequately service stretchers
Alcohol hand rub
Nebulisers and masks (adult and child) for use in accordance with a health services permit issued under section 19 of the Drugs, Poisons and Controlled Substances Act 1981.
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Schedule 10Regulation 51
EQUIPMENT AND SUPPLIES TO BE PROVIDED IN NON-EMERGENCY PATIENT TRANSPORT VEHICLES INCLUDING AIRCRAFT USED BY PIPER'S NEONATAL
EMERGENCY TRANSPORT SERVICE TO PROVIDE TRANSPORT FOR MEDIUM AND HIGH ACUITY PATIENTS
Portable suction
Fixed oxygen supply
Fixed oxygen flowmeter
Suction catheter set
Sharps container
Intravenous cannulae and equipment
Intravenous fluids
Personal protective equipment
Stethoscope
Portable oxygen resuscitator capable of providing oxygen therapy
Spare portable oxygen bottles
Oxygen bottle wheel (if required)
Oxygen tubing and connector
Disposable gloves
Assortment of pads and bandages
Infectious waste bags
Emesis bags
Linen to adequately service stretchers
Alcohol hand rub
Sch. 10 (Heading) amended by S.R. No. 117/2014 reg. 15.
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Schedule 11—Infringement notices and penalties
Regulations 64 and 65
Infringement Offence Penalty
An offence against regulation 36(1) 2 penalty units
An offence against regulation 36(2) 2 penalty units
An offence against regulation 36(3) 2 penalty units
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Endnotes1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.
The Non-Emergency Patient Transport Regulations 2005, S.R. No. 135/2005 were made on 8 November 2005 by the Governor in Council under section 64 of the Non-Emergency Patient Transport Act 2003, No. 69/2003 and came into operation as follows:
Regulations 1–18, 19(a)(c)–(g), 20–29, 30(2), 31–47, 48(1)–(4), 49, 50, 51(1)–(3)(5)(6), 52–65 and Schedules 1–11 on 1 February 2006: regulation 3(1); regulations 19(b) and 48(5) on 1 February 2007: regulation 3(2); regulation 30(1) on 1 September 2007: regulation 3(3); regulation 51(4) on 1 February 2009: regulation 3(4).
The Non-Emergency Patient Transport Regulations 2005 will sunset on 7 May 2016: see the Subordinate Legislation (Non-Emergency Patient Transport Regulations 2005) Extension Regulations 2015, S.R. No. 126/2015.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule. This includes headings to Parts, Divisions or Subdivisions in a Schedule;
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Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after 1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule. See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after 1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
Part 1—Preliminary
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63
2 Table of AmendmentsThis publication incorporates amendments made to the Non-Emergency Patient Transport Regulations 2005 by statutory rules, subordinate instruments and Acts.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Non-Emergency Patient Transport Amendment Regulations 2010, S.R. No. 78/2010
Date of Making: 17.8.10Date of Commencement: 17.8.10
Non-Emergency Patient Transport Amendment Regulations 2014, S.R. No. 117/2014Date of Making: 26.8.14Date of Commencement: 26.8.14
Subordinate Legislation (Non-Emergency Patient Transport Regulations 2005) Extension Regulations 2015, S.R. No. 126/2015
Date of Making: 4.11.15Date of Commencement: 4.11.15
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Part 1—Preliminary
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3 Amendments Not in OperationThere are no amendments which were Not in Operation at the date of this publication.
Part 1—Preliminary
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4 Explanatory details
Part 1—Preliminary
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1 Reg. 4 def. of rural location: S.R. No. 19/2004.2 Reg. 7(c): S.R. No. 84/1999.
——Fee Units
These Regulations provide for fees by reference to fee units established under 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 2014, is $13.24. 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.
——
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 2004.
Table of Applied, Adopted or Incorporated Matter
Statutory Rule Provision
Title of applied, adopted or incorporated document
Matter in applied, adopted or incorporated document
Regulation 4Definition of AS/NZS 4535:1999
Definition of the clinical practice protocols
Definition of infection control guidelines
Australia/New Zealand Standard 4535:1999, Ambulance restraint systems, as published jointly by Standards Australia and Standards New Zealand on 5 February 1999.Clinical Practice Protocols Manual published by the Department of Human Services in September 2005.Infection Control Guidelines for the Prevention of Transmission of Infectious Diseases in the Health Care Setting published by the Commonwealth Department of Health and Ageing in January 2004.
The whole
The whole
The whole
Statutory Rule Provision
Title of applied, adopted or incorporated document
Matter in applied, adopted or incorporated document
Regulation 24(1)(c) Clinical Practice Protocols Manual published by the Department of Human Services in September 2005.
The whole
Regulation 34(2) Australian/New Zealand Standard 7799.2.2003, Information Security Management, Part 2: Specification for information security management systems, as published jointly by Standards Australia/Standards New Zealand on 11 February 2003.
The whole
Regulation 36(1)(g) Infection Control Guidelines for the Prevention of Transmission of Infectious Diseases in the Health Care Setting published by the Commonwealth Department of Health and Ageing in January 2004.
Part 15.3 Health care workers
Regulation 43(1) Infection Control Guidelines for the Prevention of Transmission of Infectious Diseases in the Health Care Setting published by the Commonwealth Department of Health and Ageing in January 2004.
Part 1Part 28.2 Implementing an infection control program
Statutory Rule Provision
Title of applied, adopted or incorporated document
Matter in applied, adopted or incorporated document
Regulation 44(1) Infection Control Guidelines for the Prevention of Transmission of Infectious Diseases in the Health Care Setting published by the Commonwealth Department of Health and Ageing in January 2004.
Part 1 6.1 Clean technique and 7.2 Chemical disinfectants and sterilants
Regulation 48(1) and 48(2)(a)
Australia/New Zealand Standard 4535:1999, Ambulance restraint systems, as published jointly by Standards Australia and Standards New Zealand on 5 February 1999.
The whole
Regulation 48(1) Australia/New Zealand Standard on Child restraint systems for use in motor vehicles, AS/NZS 1754:2000 incorporating Amendment No. 1, published jointly by Standards Australia International and Standards New Zealand in April 2001.
The whole
Regulation 49(9) Infection Control Guidelines for the Prevention of Transmission of Infectious Diseases in the Health Care Setting published by the Commonwealth Department of Health and Ageing in January 2004.
Part 1Part 311.2 Surfaces
Regulation 55 Clinical Practice Protocols Manual published by the Department of Human Services in September 2005.
The whole
——Table of Applied, Adopted or Incorporated Matter
The following table of applied, adopted or incorporated matter was included in S.R. No. 117/2014 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.
In this table Principal Regulations means the Non-Emergency Patient Transport Regulations 2005.
Statutory rule provision
Title of applied, adopted or incorporated document
Matter in applied, adopted or incorporated document
Regulation 4(1), which amends the definition of infection control guidelines for regulation 4, 36(1)(g), 43(1), 44(1) and 49(9) of the Principal Regulations.
National Health and Medical Research Council's Australian Guidelines for the Prevention and Control of Infection in Healthcare published by the Commonwealth of Australia in 2010.
For regulation 4 of the Principal Regulations the whole.For regulation 36(1)(g) of the Principal Regulations Part C, C2.2.3 Staff records.For regulation 43(1) of the Principal Regulations Part C, C1.3 Infection Prevention and control program.
Statutory rule provision
Title of applied, adopted or incorporated document
Matter in applied, adopted or incorporated document
For regulation 44(1) of the Principal Regulations Part B, B1.4 Routine management of the physical environment.For regulation 49(9) of the Principal Regulations Part B, B1.4 Routine management of the physical environment and Part C, C6.2.3 Control of surface contamination through material selection.
Regulation 4(3), which inserts the definition of:AS/NZS 1754:2013 in the Principal Regulations; and
Australian/New Zealand Standard 1754:2013, Child restraint systems for use in motor vehicles, as published jointly by Standards Australia and Standards New Zealand on 7 June 2013.
The whole.
Statutory rule provision
Title of applied, adopted or incorporated document
Matter in applied, adopted or incorporated document
AS/NZS ISO IEC 27001:2006 in the Principal Regulations.
Australian/New Zealand Standard ISO/IEC 27001:2006, Information technology-Security techniques-Information security management systems-Requirements, as published jointly by Standards Australia and Standards New Zealand on 23 June 2006.
The whole.
Regulation 12, which amends regulation 34(2) of the Principal Regulations.
Australian/New Zealand Standard ISO/IEC 27001:2006, Information technology-Security
The whole.