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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Health Services Amendment (Ambulance
Fees) Bill 2014
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The object of this Bill is to amend the Health Services Act 1997 (the Act) to establish a scheme
for the charging and recovery of ambulance fees.
Under the new scheme:
(a) an ambulance fee can be charged to any person who is provided with ambulance services
(including the parent or guardian of a child provided with ambulance services), unless the
person is exempt, and
(b) an ambulance fee will be charged by way of a fee invoice served on the person liable to pay
the fee, and
(c) if the fee is not paid, a debt notice (which functions similarly to a reminder notice) will be
served on the person liable for payment of the fee, and
(d) if the fee is still not paid, the Secretary of the Ministry of Health (the Health Secretary) can
then refer the matter to the Commissioner of Fines Administration (the Commissioner) for
fee recovery action, and
(e) the Commissioner will be able to take fee recovery action similar to the civil enforcement
action available to the Commissioner for fines under the Fines Act 1996.
At present, the Health Services Act 1997 permits the Health Secretary to charge fees for the
provision of ambulance services but does not provide any scheme for how those fees are charged
or recovered in the event of non-payment.
b2013-181-40.d18
Health Services Amendment (Ambulance Fees) Bill 2014 [NSW]
Explanatory note
Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on a day or days to be appointed
by proclamation.
Schedule 1 Amendment of Health Services Act 1997 No 154
Schedule 1 [4] inserts proposed Parts 3-7 into Chapter 5A of the Act. These Parts set out the new
scheme for the charging of ambulance fees.
Proposed Part 3 of Chapter 5A empowers the Health Secretary to charge fees (ambulance fees)
for the provision of ambulance services by or on behalf of the Health Secretary.
The Health Secretary may charge an ambulance fee to any person who has been provided with
ambulance services, other than a child. If ambulance services are provided to a child, the Health
Secretary may charge an ambulance fee for those services to any parent or guardian of the child.
Fees are to be charged in accordance with a scale of fees approved by the Minister. This is also
the case at present.
An exemption from ambulance fees applies to health benefits fund contributors and concession
card holders. Further exemptions may be provided for by the regulations and by payment rules
issued by the Health Secretary. The payment rules may also make provision for waiver and
reduction of fees, extension of time to pay and payment by instalment.
Proposed Part 4 of Chapter 5A provides for the method by which ambulance fees are to be
charged.
The Health Secretary charges an ambulance fee by issuing an invoice (a fee invoice) for the
ambulance fee and serving the fee invoice on the person liable for payment of the fee.
If the fee is not paid within 7 days of the due date specified in the fee invoice, the Health Secretary
may issue a notice (a debt notice) for the outstanding amount. The debt notice is required to inform
the recipient that, if the fee is not paid, fee recovery action may be taken by the Commissioner and
that, if fee recovery action is taken, the person liable for the fee may also be liable for fee recovery
costs.
Both the fee invoice and the debt notice are required to include information about fee reviews (this
is dealt with by proposed Part 6).
The due date for payment specified in a fee invoice or debt notice must be at least 21 days after it
is served on the person.
Proposed Part 5 of Chapter 5A provides that an ambulance fee specified in a debt notice served
on a person is recoverable by the Health Secretary as a debt in a court of competent jurisdiction.
The provisions permit the Health Secretary, instead of taking court proceedings to recover an
ambulance fee, to refer the ambulance fee to the Commissioner for fee recovery action. The
referral may be made only if the ambulance fee is not paid within 7 days of the due date for
payment specified in the debt notice. The Health Secretary may, at any time, revoke the referral
of an ambulance fee to the Commissioner or request the Commissioner to suspend fee recovery
action.
The provisions permit the Health Secretary to disclose certain information to the Commissioner
in connection with that fee recovery action.
Fee recovery action is dealt with by proposed Schedule 9.
Proposed Part 6 of Chapter 5A allows any person who is charged an ambulance fee to apply to
the Health Secretary for a review of the decision to charge the fee. The Health Secretary is
required to conduct a review if the application is duly made. While an on-time application for
review is before the Health Secretary, fee recovery action is to be suspended. After conducting a
Page 2
Health Services Amendment (Ambulance Fees) Bill 2014 [NSW]
Explanatory note
review, the Health Secretary may revoke the decision to charge an ambulance fee, waive payment
of the ambulance fee or confirm the decision to charge an ambulance fee with or without changing
the payment arrangements for the fee.
Proposed Part 7 of Chapter 5A provides for the writing off of unpaid fees and the service and
form of notices under the new scheme.
Schedule 1 [6] inserts proposed Schedule 9 into the Act. This Schedule sets out the new scheme
for the recovery of ambulance fees. The scheme is modelled on parts of the Fines Act 1996, in
particular, the civil enforcement mechanisms for fines under that Act.
Proposed Schedule 9 permits the Commissioner to make a fee recovery order in respect of any
ambulance fee referred to the Commissioner by the Health Secretary. Notice of a fee recovery
order must be served on the person liable for payment of the ambulance fee (the debtor). If the
ambulance fee is not paid in accordance with the fee recovery order, the Commissioner may take
fee recovery action.
The following fee recovery action may be taken by the Commissioner:
(a) the Commissioner may make a property seizure order in relation to any property of the
debtor,
(b) the Commissioner may make a garnishee order in relation to wages, salary or other amounts
payable to the debtor,
(c) the Commissioner may have the ambulance fee registered as a charge on land owned by the
debtor.
Certain ancillary powers may be exercised in connection with those fee recovery actions,
including powers to examine the debtor and to enter land.
If fee recovery action is taken, the Commissioner may charge, and recover from the debtor, fee
recovery costs in addition to the ambulance fee payable by the debtor.
The proposed Schedule also gives the Commissioner discretion to suspend or cancel fee recovery
action, to withdraw a fee recovery order and reverse fee recovery action and to grant further time
to pay. Specific provision is made for hardship. The Hardship Review Board will have similar
functions with respect to ambulance fees as it has with respect to fines under the Fines Act 1996.
The Commissioner may enter into arrangements with the Health Secretary for the payment of
ambulance fees recovered under the new scheme, and may retain a fee for services provided under
the scheme.
The new provisions ensure that personal information obtained by the Commissioner or staff under
the scheme is disclosed and used only in connection with the fee recovery scheme. It is not
permitted to use the information for fines enforcement or taxation purposes.
Other administrative arrangements under the scheme are similar to the administrative
arrangements in relation to fines under the Fines Act 1996, and certain provisions of that Act apply
(with modifications) to the scheme.
Schedule 1 [3] is a consequential amendment.
Schedule 1 [1] defines expressions used in the new provisions and re-enacts existing definitions.
Schedule 1 [2] repeals a provision that is re-enacted in the new scheme.
Schedule 1 [5] provides for transitional matters. Among other things, the provisions enable the
Health Secretary to issue a debt notice for a fee that was charged before the commencement of the
scheme. Accordingly, if the ambulance fee is not paid in accordance with the debt notice, the fee
can be referred to the Commissioner and fee recovery action can be taken under the new scheme.
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Health Services Amendment (Ambulance Fees) Bill 2014 [NSW]
Explanatory note
Schedule 2 Amendment of other Acts
Schedule 2.1 amends the Fines Act 1996 to permit the name "State Debt Recovery" to be used in
connection with fee recovery action under the new scheme.
Schedule 2.2 amends the Law Enforcement (Powers and Responsibilities) Act 2002 to permit
search warrants to be issued in connection with fee recovery action under the new scheme.
Page 4
First print
New South Wales
Health Services Amendment (Ambulance
Fees) Bill 2014
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Health Services Act 1997 No 154 3
Schedule 2 Amendment of other Acts 24
b2013-181-40.d18
New South Wales
Health Services Amendment (Ambulance
Fees) Bill 2014
No , 2014
A Bill for
An Act to amend the Health Services Act 1997 to make further provision for the charging and
recovery of ambulance fees; and for related purposes.
Health Services Amendment (Ambulance Fees) Bill 2014 [NSW]
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Health Services Amendment (Ambulance Fees) Act 2014. 3
2 Commencement 4
This Act commences on a day or days to be appointed by proclamation. 5
Page 2
Health Services Amendment (Ambulance Fees) Bill 2014 [NSW]
Schedule 1 Amendment of Health Services Act 1997 No 154
Schedule 1 Amendment of Health Services Act 1997 No 154 1
[1] Chapter 5A, Part 1 and Part 2 (heading) 2
Omit section 67AA. Insert instead: 3
Part 1 Preliminary 4
67AA Definitions 5
In this Chapter: 6
ambulance fee means a fee for ambulance services charged by the Health 7
Secretary under this Chapter. 8
appointed body means a committee, board or other body appointed by the 9
Health Secretary under section 67AB. 10
child means a person under 16 years of age. 11
Commissioner means the Commissioner of Fines Administration. 12
debt notice means a debt notice issued by the Health Secretary under 13
section 67Q. 14
fee invoice means a fee invoice issued by the Health Secretary under 15
section 67P. 16
fee recovery order has the meaning given by Schedule 9. 17
fee review means a review of a decision to charge an ambulance fee conducted 18
under Part 6. 19
payment rules means the payment rules made by the Health Secretary under 20
section 67O. 21
scale of fees means the scale of fees for the provision of ambulance services 22
fixed by the Minister under section 67L. 23
Part 2 Provision of ambulance services 24
[2] Section 67D Scale of fees 25
Omit the section. 26
[3] Section 67F Unauthorised collections 27
Insert at the end of section 67F (3) (c): 28
, or 29
(d) any person acting as authorised by this Act. 30
[4] Chapter 5A, Parts 3-7 31
Insert after section 67J: 32
Part 3 Fees for ambulance services 33
67K Health Secretary may charge fee for ambulance services 34
(1) The Health Secretary may charge a fee for ambulance services provided by or 35
on behalf of the Health Secretary. 36
(2) An ambulance fee may be charged to any person liable for payment of the 37
ambulance fee. 38
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Health Services Amendment (Ambulance Fees) Bill 2014 [NSW]
Schedule 1 Amendment of Health Services Act 1997 No 154
(3) An ambulance fee is not to exceed the fee fixed for the relevant service by the 1
scale of fees in force at the time that the fee is charged. 2
67L Scale of fees 3
The Minister may, by order published in the Gazette: 4
(a) fix a scale of fees in respect of ambulance services provided by the 5
Health Secretary, and 6
(b) amend or revoke any scale of fees so fixed. 7
67M Who is liable for payment of ambulance fee 8
(1) A person is liable for payment of an ambulance fee for ambulance services 9
provided to the person. 10
(2) A person is not liable for payment of an ambulance fee if the person is a child. 11
(3) However, if ambulance services are provided to a child, each parent or 12
guardian of the child is jointly and severally liable for payment of an 13
ambulance fee for the provision of those ambulance services. 14
(4) A parent or guardian of a child who pays an ambulance fee for the provision 15
of ambulance services to that child is entitled to recover a contribution from 16
any other parent or guardian who is also liable for payment of that fee. 17
(5) The contribution payable: 18
(a) is to be determined as if each parent or guardian of the child were liable 19
for an equal share of the ambulance fee, and 20
(b) is recoverable as a debt in a court of competent jurisdiction. 21
(6) A court may reduce a person's contribution, or exempt a person from making 22
a contribution, if the court considers it just and equitable in the circumstances. 23
67N Exemptions 24
A person is exempt from the requirement to pay an ambulance fee if: 25
(a) a fee is not payable for ambulance services provided to the person under 26
section 17 of the Health Insurance Levies Act 1982, or 27
(b) the person is the holder of a concession card of a kind prescribed by the 28
regulations, or 29
(c) the person is otherwise exempt from payment under the regulations or 30
the payment rules. 31
Note. Under section 17 of the Health Insurance Levies Act 1982, a fee is not payable 32
if the person was, at the time the service was provided: 33
(a) a contributor to a health benefits fund conducted by an organisation to which 34
section 10 of that Act applies, or 35
(b) a contributor to the State Ambulance Insurance Plan. 36
67O Payment rules 37
(1) The Health Secretary may, by order published in the Gazette, make rules about 38
the payment of ambulance fees (payment rules). 39
(2) The payment rules may provide for the following: 40
(a) exemptions from the payment of ambulance fees, 41
(b) waiver or reduction of ambulance fees, 42
(c) extension of time to pay, 43
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Health Services Amendment (Ambulance Fees) Bill 2014 [NSW]
Schedule 1 Amendment of Health Services Act 1997 No 154
(d) payment by instalments, 1
(e) fee reviews, 2
(f) any other matters permitted by this Act. 3
(3) The payment rules must not be inconsistent with this Act or the regulations. 4
Part 4 How ambulance fees are charged 5
67P How fee is charged--fee invoices 6
(1) The Health Secretary charges an ambulance fee by: 7
(a) issuing an invoice (a fee invoice) for the ambulance fee, and 8
(b) serving the fee invoice on a person liable for payment of the fee. 9
(2) The fee invoice must: 10
(a) specify the amount of the ambulance fee and the ambulance services for 11
which the fee is payable (including the date on which the services were 12
provided), and 13
(b) specify a due date for payment of the ambulance fee, and 14
(c) include the required information about fee reviews, and 15
(d) include any other information that the regulations require to be included 16
in the fee invoice. 17
(3) The regulations may prescribe a form in which a fee invoice is to be given. 18
(4) Information required to be included in a fee invoice may be incorporated in the 19
fee invoice or accompany the fee invoice. 20
67Q Debt notice may be issued if fee not paid 21
(1) If an ambulance fee specified in a fee invoice served on a person is not paid in 22
full by the date that is 7 days after the due date for payment specified in the fee 23
invoice, the Health Secretary may: 24
(a) issue a notice (a debt notice) for the outstanding amount, and 25
(b) serve the debt notice on the person. 26
(2) The debt notice must: 27
(a) specify the amount of the ambulance fee that is unpaid and the 28
ambulance services for which the fee is payable (including the date on 29
which the services were provided), and 30
(b) specify a due date for payment of the ambulance fee, and 31
(c) include advice to the effect that, if the ambulance fee is not paid in full 32
by the due date: 33
(i) the Health Secretary can refer the fee to the Commissioner for the 34
taking of fee recovery action under Schedule 9, and 35
(ii) fee recovery costs may be payable by the person if fee recovery 36
action is taken under that Schedule, and 37
(d) include the required information about fee reviews, and 38
(e) include advice to the effect that the Health Secretary is not required to 39
conduct a fee review if the application for review is received after the 40
date for payment of the ambulance fee specified in the debt notice, and 41
(f) include any other information that the regulations require to be included 42
in the debt notice. 43
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Health Services Amendment (Ambulance Fees) Bill 2014 [NSW]
Schedule 1 Amendment of Health Services Act 1997 No 154
(3) The date specified in a debt notice as the due date for payment of the 1
ambulance fee has effect as the due date for payment of the ambulance fee 2
instead of the date specified as the due date in the relevant fee invoice. 3
(4) The regulations may prescribe a form in which a debt notice is to be given. 4
(5) Information required to be included in a debt notice may be incorporated in the 5
debt notice or accompany the debt notice. 6
67R Required information about fee reviews 7
For the purposes of a fee invoice or debt notice, the required information 8
about fee reviews is the following information: 9
(a) advice to the effect that the person served with the fee invoice or debt 10
notice can apply for a review by the Health Secretary of the decision to 11
charge the ambulance fee, in accordance with the payment rules, if the 12
person seeks an exemption, waiver or reduction of the fee, extension of 13
time to pay or to pay by instalments, 14
(b) the process for applying for such a review, 15
(c) the circumstances in which a person is exempt from payment of an 16
ambulance fee under this Act or the regulations or the payment rules, 17
(d) advice to the effect that any decision to waive or reduce the fee, extend 18
the time to pay or permit payment by instalments will be made in 19
accordance with the payment rules, 20
(e) information on how a copy of the payment rules can be obtained. 21
67S Due date for payment of ambulance fee 22
(1) The due date for payment of an ambulance fee specified in a fee invoice or 23
debt notice must be at least 21 days after it is served on the person. 24
(2) A fee invoice or debt notice served by post is not invalid merely because it 25
specifies as the due date a date that is less than 21 days after it was served on 26
the person. 27
(3) In such a case however, the due date is extended to a date that is 21 days after 28
the fee invoice or debt notice was served and the fee invoice or debt notice is 29
taken to specify that date as the due date. 30
67T Change of payment arrangements 31
(1) The Health Secretary may, in accordance with the payment rules, change the 32
payment arrangements for an ambulance fee charged to a person by: 33
(a) reducing the amount payable, or 34
(b) extending the time to pay, or 35
(c) permitting the fee to be paid by instalments or reducing instalments. 36
(2) The Health Secretary changes the payment arrangements for an ambulance fee 37
by serving notice in writing of the change on the person who has been charged 38
the fee. 39
(3) Any fee invoice or debt notice served on the person before notice of the change 40
is taken to be amended in accordance with the changed payment arrangements. 41
(4) If the Health Secretary permits payment of an ambulance fee by instalment 42
and an instalment of the ambulance fee is not paid by a due date for payment 43
of an instalment, the remaining instalments immediately become payable. 44
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Health Services Amendment (Ambulance Fees) Bill 2014 [NSW]
Schedule 1 Amendment of Health Services Act 1997 No 154
(5) The Health Secretary must not change payment arrangements for an 1
ambulance fee after the ambulance fee has been referred to the Commissioner 2
for the making of a fee recovery order, unless the referral is revoked. 3
Note. The Commissioner must withdraw a fee recovery order made in relation to an 4
ambulance fee if the referral is revoked. 5
Part 5 Recovery of ambulance fees 6
67U Ambulance fee is debt payable to Health Secretary 7
(1) An ambulance fee specified in a debt notice served on a person is recoverable 8
by the Health Secretary as a debt in a court of competent jurisdiction. 9
(2) However, the Health Secretary cannot take proceedings to recover the debt if 10
the fee is referred to the Commissioner for the making of a fee recovery order, 11
unless the referral is revoked. 12
67V Referral of fee to Commissioner for fee recovery action 13
(1) The Health Secretary may, by notice in writing to the Commissioner, refer an 14
ambulance fee to the Commissioner for the making of a fee recovery order if: 15
(a) a debt notice for the ambulance fee has been served on the person 16
charged with the fee, and 17
(b) the fee has not been paid in full by the date that is 7 days after the due 18
date for payment specified in the debt notice. 19
Note. After making a fee recovery order, the Commissioner can take fee recovery 20
action to recover the ambulance fee, and fee recovery costs, under Schedule 9. 21
(2) The Health Secretary may at any time, by notice in writing to the 22
Commissioner, revoke the referral of an ambulance fee to the Commissioner. 23
Note. The Commissioner must withdraw a fee recovery order made in relation to an 24
ambulance fee if the referral is revoked. 25
67W Provision of information to Commissioner 26
(1) The Health Secretary may, for the purpose of enabling the recovery of 27
ambulance fees under Schedule 9, provide the following information to the 28
Commissioner: 29
(a) identifying information about a person provided with ambulance 30
services and, if that person was a child, about any parent or guardian of 31
the child, 32
(b) the date the service was provided, 33
(c) the time the service was provided, 34
(d) the location or pick up address at which services were provided, 35
(e) the destination to which the person was taken after pick up, 36
(f) the distance travelled as part of the service, 37
(g) the unique identifying number allocated to the service by the Health 38
Secretary, 39
(h) any other information of a kind prescribed by the regulations. 40
(2) The following information is identifying information about a person: 41
(a) name, 42
(b) date of birth, 43
(c) gender, 44
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Health Services Amendment (Ambulance Fees) Bill 2014 [NSW]
Schedule 1 Amendment of Health Services Act 1997 No 154
(d) address, 1
(e) contact telephone details, 2
(f) driver licence number, 3
(g) information declared to be identifying information by the regulations. 4
(3) A regulation under this section is to be made only with the concurrence of the 5
Attorney General. 6
(4) The Minister administering this Act is not to recommend the making of a 7
regulation under this section unless the Minister certifies that: 8
(a) the Attorney General has concurred in the making of the regulation, and 9
(b) the Privacy Commissioner was consulted about the proposed 10
regulation. 11
67X Suspension of fee recovery action 12
The Health Secretary may, at any time, by notice in writing to the 13
Commissioner: 14
(a) request the Commissioner to suspend fee recovery action in relation to 15
an ambulance fee that has been referred to the Commissioner, or 16
(b) request the Commissioner to revoke the suspension of fee recovery 17
action in relation to an ambulance fee referred to the Commissioner. 18
Note. Under Schedule 9, the Commissioner is required to suspend fee recovery action 19
if such a request is made. 20
Part 6 Fee reviews 21
67Y Application for review of ambulance fee 22
(1) A person who is charged an ambulance fee may apply to the Health Secretary 23
for a review of the decision to charge the ambulance fee. 24
(2) An application for a review is to be made in accordance with the payment 25
rules. 26
(3) An applicant for review must provide to the Health Secretary, in support of an 27
application, any supporting information or evidence that the payment rules 28
require. 29
67Z Review by Health Secretary 30
(1) If an application for a fee review is duly made to the Health Secretary, the 31
Health Secretary must, subject to this section, conduct a review of the decision 32
to charge an ambulance fee. 33
(2) The Health Secretary is not required to conduct a review: 34
(a) if a review of the decision has already been conducted under this Part, or 35
(b) if the application is received more than 7 days after the due date for 36
payment specified in a debt notice served on the person, or 37
(c) if the applicant has failed to provide any supporting information or 38
evidence required to be provided by the payment rules, or 39
(d) in such other circumstances as may be prescribed by the regulations. 40
(3) The Health Secretary may also conduct a review of a decision to charge an 41
ambulance fee of his or her own motion. 42
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Health Services Amendment (Ambulance Fees) Bill 2014 [NSW]
Schedule 1 Amendment of Health Services Act 1997 No 154
67ZA Extension of time to pay--on-time review application 1
(1) During the period in which an on-time review application is before the Health 2
Secretary: 3
(a) the Health Secretary must not issue a debt notice for the ambulance fee 4
(if a debt notice has not yet been issued) or refer the fee to the 5
Commissioner for the making of a fee recovery order, and 6
(b) the requirement to pay the ambulance fee is suspended. 7
(2) The period in which an on-time review application is before the Health 8
Secretary is the period starting on (and including) the day on which the 9
application is received by the Health Secretary and ending on (and including) 10
the day on which notice of the outcome of the review application is served on 11
the person charged the ambulance fee. 12
Note. Notice served by post is taken to be served on the person 7 days after it is sent, 13
unless the person establishes otherwise. 14
(3) After conducting the review or deciding not to conduct the review, the Health 15
Secretary must change the payment arrangements for the ambulance fee by 16
extending the time for payment of the ambulance fee by at least the number of 17
days in the period in which the application was before the Health Secretary. 18
(4) Subsection (3) does not apply if the Health Secretary decides to revoke the 19
decision to charge the ambulance fee or waive the ambulance fee. 20
(5) In this section: 21
on-time review application means an application for review of a decision to 22
charge an ambulance fee that is duly made to the Health Secretary and 23
received by the Health Secretary: 24
(a) before the issue of a debt notice for the ambulance fee, or 25
(b) no later than 7 days after the due date for payment of the ambulance fee 26
specified in a debt notice for the ambulance fee. 27
Note. If the Health Secretary decides to conduct a review in relation to an application 28
that is not an on-time review application, the Health Secretary may request the 29
Commissioner to suspend fee recovery action in relation to the ambulance fee. 30
67ZB Request for additional information 31
(1) The Health Secretary may, for the purpose of conducting a fee review, request 32
additional information from an applicant for review. 33
(2) The applicant must provide the additional information to the Health Secretary 34
within 14 days of the request or within such greater period as the Health 35
Secretary specifies. 36
(3) If the information is not provided within the time specified, the review may be 37
conducted without that information. 38
67ZC Actions to be taken after review 39
(1) After conducting a fee review, the Health Secretary may: 40
(a) revoke the decision to charge the ambulance fee, or 41
(b) waive payment of the ambulance fee, or 42
(c) confirm the decision to charge the ambulance fee with or without 43
changing the payment arrangements for the fee. 44
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Health Services Amendment (Ambulance Fees) Bill 2014 [NSW]
Schedule 1 Amendment of Health Services Act 1997 No 154
(2) The Health Secretary must, after conducting a fee review, revoke the decision 1
to charge an ambulance fee: 2
(a) if the person charged the fee is exempt from payment of the ambulance 3
fee under this Act, the regulations or the payment rules, or 4
(b) if the issue of the fee invoice or debt notice involved a mistake of 5
identity, or 6
(c) if the amount of the fee charged is incorrect, or 7
(d) in any circumstances prescribed by the regulations. 8
(3) The Health Secretary must, after conducting a fee review, change the payment 9
arrangements for the ambulance fee if that action is required by this Act or the 10
payment rules. 11
(4) The payment rules may also make provision for circumstances in which the 12
Health Secretary may, at his or her discretion, revoke a decision to charge an 13
ambulance fee, waive payment of an ambulance fee or change the payment 14
arrangements for an ambulance fee. 15
(5) If the Health Secretary revokes a decision to charge a person with an 16
ambulance fee, or waives payment of an ambulance fee, the Health Secretary 17
must: 18
(a) withdraw the fee invoice and any debt notice issued for the fee, and 19
(b) if the matter has already been referred to the Commissioner for the 20
making of a fee recovery order, revoke the referral. 21
(6) If a decision is revoked because of a mistake of identity, the Health Secretary 22
may issue a new fee invoice for the fee to a person who is liable for payment 23
of the fee. 24
(7) If a decision is revoked because the amount of the fee charged was incorrect, 25
the Health Secretary may issue a new fee invoice for the correct amount. 26
(8) The regulations may provide for other circumstances in which a new fee 27
invoice can be issued. 28
67ZD Notice of outcome of application 29
(1) The Health Secretary is to notify an applicant for a fee review in writing of the 30
outcome of the application within 42 days of receipt of the application. 31
(2) If the Health Secretary requests additional information from the applicant, the 32
42-day period is extended by the number of days specified by the Health 33
Secretary in the request as the period in which the additional information must 34
be provided to the Health Secretary. 35
(3) A reference to the outcome of an application includes a reference to a decision 36
not to conduct a review on an application. 37
Part 7 Miscellaneous 38
67ZE Unpaid fees may be written off 39
(1) The Health Secretary may write off an unpaid ambulance fee, in whole or in 40
part. 41
(2) If the ambulance fee has already been referred to the Commissioner for the 42
making of a fee recovery order, the Health Secretary must not write off the 43
unpaid ambulance fee unless the referral has been revoked or fee recovery 44
action has been suspended or cancelled. 45
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Health Services Amendment (Ambulance Fees) Bill 2014 [NSW]
Schedule 1 Amendment of Health Services Act 1997 No 154
67ZF Service of notices 1
(1) A fee invoice, debt notice or notice of the outcome of an application for a fee 2
review may be served on a person personally or by post. 3
(2) Any other notice or other document required to be served on a person by this 4
Chapter may be served: 5
(a) personally, or 6
(b) by post, or 7
(c) by electronic transmission. 8
(3) A notice or other document may be served by electronic transmission only if 9
the person has consented to service of notices or other documents under this 10
Chapter by electronic transmission. If a notice or other document is served 11
electronically, the address for service is the address provided by the person. 12
(4) It is to be presumed that a notice or other document sent to a person under this 13
Chapter by post is served on the person 7 days after it is posted, unless the 14
person establishes that it was not served within that 7-day period. 15
67ZG Form of notices given to Commissioner 16
Any notice given by the Health Secretary to the Commissioner under this 17
Chapter may be given by post, by means of document exchange or by 18
electronic transmission. 19
[5] Schedule 7 Savings, transitional and other provisions 20
Insert at the end of the Schedule with appropriate Part and clause numbering: 21
Part Provisions consequent on enactment of Health 22
Services Amendment (Ambulance Fees) Act 2014 23
Scale of fees 24
An order made under section 67D of this Act and in force immediately before 25
the repeal of that section by the Health Services Amendment (Ambulance Fees) 26
Act 2014 is taken, on that repeal, to have been made under section 67L. 27
Recovery of fees for services provided before commencement 28
(1) A debt notice may be issued under Part 4 of Chapter 5A in respect of an 29
existing ambulance fee, as if a fee invoice had already been served on the 30
person by whom the fee is payable, if: 31
(a) a notice specifying the existing ambulance fee and the person by whom 32
it was payable was issued by or on behalf of the Health Secretary before 33
the relevant commencement date, and 34
(b) the person by whom the fee was payable was given a copy of the notice, 35
and 36
(c) the fee specified in the notice was not greater than the fee for the 37
relevant ambulance services fixed by the scale of fees in force under 38
section 67D at the time that the notice was issued, and 39
(d) the fee is not paid in full by the date that is 7 days after the due date for 40
payment specified in the notice. 41
(2) In such a case, the person is taken to have been served with a fee invoice for 42
the purposes of this Act. 43
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(3) This clause does not prevent the Health Secretary from issuing a fee invoice, 1
in accordance with Part 4 of Chapter 5A, for ambulance services provided 2
before the relevant commencement date if the Health Secretary charges the fee 3
after the relevant commencement date. 4
(4) This clause is subject to the Limitation Act 1969. 5
(5) In this clause: 6
existing ambulance fee means an ambulance fee charged by the Health 7
Secretary before the relevant commencement date. 8
relevant commencement date means the date of commencement of 9
section 67P (as inserted by the Health Services Amendment (Ambulance Fees) 10
Act 2014). 11
Charging of parents for services provided to child 12
Section 67M (3), as inserted by the Health Services Amendment (Ambulance 13
Fees) Act 2014, does not apply to ambulance services provided before the 14
commencement of that subsection. 15
References to Health Secretary 16
(1) In Chapter 5A and Schedule 9, as inserted by the Health Services Amendment 17
(Ambulance Fees) Act 2014, and in this Part, a reference to the Health 18
Secretary is a reference to the Secretary of the Ministry of Health. 19
(2) A reference in this Part to anything done by or on behalf of the Health 20
Secretary includes, in relation to anything done before the commencement of 21
the Government Sector Employment Act 2013, a reference to anything done by 22
or on behalf of the Head of the Government Department or Division 23
responsible for charging ambulance fees for ambulance services or a delegate 24
of the Head. 25
[6] Schedule 9 26
Insert after Schedule 8: 27
Schedule 9 Recovery of ambulance fees 28
Part 1 Preliminary 29
1 Definitions 30
(1) In this Schedule: 31
approved form means a form approved by the Commissioner for the purposes 32
of the provision in which the term is used. 33
Commissioner means the Commissioner of Fines Administration. 34
debtor means a person liable to pay an ambulance fee under a debt notice. 35
enforcement officer has the meaning given by clause 31. 36
fee recovery costs means the fee recovery costs payable under a fee recovery 37
order, being: 38
(a) the prescribed fee recovery costs, and 39
(b) the Sheriff's additional costs (if any). 40
fee recovery order means an order under clause 2. 41
garnishee order means an order under clause 16. 42
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Hardship Review Board means the Hardship Review Board constituted under 1
the Fines Act 1996. 2
order for examination means an order under clause 18. 3
pay an ambulance fee or amount means to pay the ambulance fee or amount in 4
full by its due date and, if payment by instalments is permitted under this Act, 5
includes to pay each instalment in full by its due date. 6
prescribed fee recovery costs means the fee recovery costs prescribed under 7
clause 11. 8
property seizure order means an order under clause 15. 9
Sheriff's additional costs means the costs payable in respect of the Sheriff 10
under clause 12. 11
(2) Other expressions used in this Schedule that are defined in Chapter 5A have 12
the same meaning as they have in that Chapter. 13
Part 2 Fee recovery orders 14
Division 1 Making of fee recovery orders 15
2 What is a fee recovery order? 16
(1) The Commissioner may make an order (a fee recovery order) for the recovery 17
of an ambulance fee. 18
(2) A single order may be made for the recovery of 2 or more ambulance fees 19
payable by a person. 20
Note. Division 2 provides for the debtor to be notified by the Commissioner of the fee 21
recovery order and of the fee recovery action that may be taken if the outstanding 22
balance of the ambulance fee (and fee recovery costs) is not paid within 28 days. 23
3 When an order may be made 24
(1) The Commissioner may make a fee recovery order only if the Health Secretary 25
refers the ambulance fee to the Commissioner for the making of a fee recovery 26
order under Chapter 5A. 27
Note. Chapter 5A permits a referral only if the ambulance fee has not been paid within 28
7 days of the due date for payment. 29
(2) A fee recovery order may be made in the absence of, and without notice to, the 30
person liable to pay the ambulance fee. 31
(3) The Commissioner may, but is not required to, make a fee recovery order if an 32
ambulance fee to which it is to apply has previously been the subject of a fee 33
recovery order in respect of which any fee recovery action has been taken. 34
(4) The Commissioner is not to make a fee recovery order in relation to an 35
ambulance fee if, before an order is made, the Health Secretary revokes the 36
referral of the ambulance fee to the Commissioner. 37
4 Form of fee recovery order 38
A fee recovery order must specify the following matters: 39
(a) the debtor's name, address and date of birth (if known), 40
(b) a description of the services in respect of which the ambulance fee is 41
payable, 42
(c) the date or dates on which the services were provided, 43
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(d) the amount required to be paid, being the amount of the ambulance fee 1
that remains to be paid, together with specified fee recovery costs. 2
Division 2 Service of fee recovery order 3
5 Service on debtor of notice of order 4
As soon as practicable after a fee recovery order is made, the Commissioner is 5
to serve notice of the order on the debtor. 6
6 What notice must say 7
(1) The notice of a fee recovery order must inform the debtor that: 8
(a) the order has been made, and 9
(b) the debtor has until the final date specified in the notice to pay the 10
ambulance fee and fee recovery costs specified in the notice, and 11
(c) if the payment is not made by that final date, further fee recovery action 12
will be taken against the debtor to recover the ambulance fee in 13
accordance with this Schedule, and 14
(d) if the payment is not made by that final date, further fee recovery costs 15
will be payable (indicating the amount of the prescribed fee recovery 16
costs and the circumstances in which they are payable), and 17
(e) review options are available relating to the fee recovery order, including 18
withdrawal, time to pay and the cancellation of fee recovery action 19
because of hardship. 20
(2) The notice of a fee recovery order may (but need not) contain information 21
relating to the Sheriff's additional costs. 22
(3) If there is an approved form for such a notice, the notice must be in that form. 23
(4) The inclusion in the notice of additional information and directions for the 24
assistance or guidance of the person on whom it is served does not affect the 25
validity of the notice. 26
7 Service of notice 27
(1) Notice of a fee recovery order may be served on a person: 28
(a) personally, or 29
(b) by post, or 30
(c) by electronic transmission, or 31
(d) by any other manner prescribed by the regulations. 32
(2) The address for service of any such notice includes, subject to this section: 33
(a) the address supplied by the person in connection with the provision of 34
the service for which the ambulance fee is payable, or 35
(b) the address obtained for the person by the Commissioner under this 36
Schedule, if the Commissioner is satisfied that it is the most recent 37
address available for the person. 38
(3) Notice of a fee recovery order may be served by electronic transmission only 39
if the person has consented to service of notices or other documents under 40
Chapter 5A or this Schedule by electronic transmission. If the notice is served 41
electronically, the address for service is the address provided by the person. 42
(4) Despite any other provision of this Act, it is presumed that a notice of a fee 43
recovery order sent to a person by post is served on the person 7 days after it 44
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is posted, unless the person establishes that it was not served within that 7-day 1
period. 2
8 Final date for payment in notices 3
(1) The final date for payment in a notice of a fee recovery order must be at least 4
21 days after it is served on the person. 5
(2) Accordingly, a notice that is posted may specify a date that is at least 28 days 6
after the notice of the fee recovery order is posted as the final date for making 7
the payment concerned. 8
9 Extension of final date if notice takes more than 7 days 9
(1) If a notice is served on a person more than 7 days after it was posted, the notice 10
is not invalid merely because it specifies as the final date a date that is less than 11
21 days after it was served on the person. 12
(2) In such a case however, the final date is extended to a date that is 21 days after 13
the notice was served and the notice is taken to specify that date as the final 14
date. 15
Division 3 Cost recovery 16
10 Fee recovery costs to be paid 17
(1) Fee recovery costs are payable under a fee recovery order. 18
(2) The following amounts are the only amounts payable as fee recovery costs 19
under a fee recovery order: 20
(a) the prescribed fee recovery costs, 21
(b) the Sheriff's additional costs (if any). 22
(3) Any amount recovered in consequence of the making of a fee recovery order 23
is to be applied firstly towards fee recovery costs and the balance towards the 24
ambulance fee. 25
11 Prescribed fee recovery costs 26
(1) The regulations may prescribe the fee recovery costs payable under a fee 27
recovery order. 28
(2) The regulations may: 29
(a) prescribe an amount as the fee recovery costs payable to the 30
Commissioner on the making of the order, and 31
(b) prescribe an amount as the fee recovery costs payable into the 32
Consolidated Fund for any fee recovery action taken by the Sheriff or 33
other official under Part 3 before payment is made under the order. 34
12 Sheriff's additional costs 35
(1) The Commissioner may approve any costs and expenses reasonably incurred 36
by the Sheriff in taking fee recovery action under Part 3 as fee recovery costs 37
payable by the debtor under the fee recovery order. 38
(2) The amount of those costs and expenses is to be determined in accordance with 39
the scale applicable to the enforcement of judgment debts under the Civil 40
Procedure Act 2005, but is to be reduced by the prescribed fee recovery costs 41
payable to the Consolidated Fund for any fee recovery action taken by the 42
Sheriff or other official under Part 3. 43
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(3) For the purposes of this clause, the Commissioner has the functions of the 1
registrar of the relevant court with respect to the approval of those costs and 2
expenses. 3
(4) Fee recovery costs recoverable under this clause are payable to the Sheriff and 4
not to the Consolidated Fund. 5
(5) The power of the Local Court to review a decision of a registrar of the court in 6
respect of any such fee recovery costs applies to a decision of the 7
Commissioner under this clause. 8
13 Fee recovery costs included in ambulance fee 9
(1) After a fee recovery order is made, the ambulance fee to which it applies is 10
taken to include the fee recovery costs payable under the fee recovery order. 11
(2) Accordingly, a reference in Parts 3-6 to an ambulance fee includes a reference 12
to any fee recovery costs payable under the fee recovery order. 13
Part 3 Fee recovery action 14
Division 1 Fee recovery action 15
14 When fee recovery action can be taken 16
(1) Fee recovery action may be taken against a debtor under this Part if: 17
(a) the debtor has not paid the ambulance fee as required by the notice of 18
the fee recovery order served on the debtor, and 19
(b) the ambulance fee remains unpaid. 20
(2) Fee recovery action may be taken under this Part by means of a property 21
seizure order, a garnishee order or a charge on land, or by all or any 22
combination of those means. 23
15 Order to seize property of debtor 24
(1) The Commissioner may make an order for the seizure of the property of a 25
debtor for the purpose of levying the ambulance fee payable by the debtor on 26
that property. The order is called a property seizure order. 27
Note. The Interpretation Act 1987 defines property to include land as well as personal 28
property. 29
(2) The Commissioner may make a property seizure order only if satisfied that fee 30
recovery action is authorised against the debtor under this Part. 31
(3) Section 72 of the Fines Act 1996 applies in relation to a property seizure order 32
made under this clause in the same way as it applies in relation to a property 33
seizure order made under that section. 34
16 Order to garnishee debts, wages or salary of debtor 35
(1) The Commissioner may make an order that all debts due and accruing to a 36
debtor from any person specified in the order are attached for the purposes of 37
satisfying the ambulance fee payable by the debtor (including an order 38
expressed to be for the continuous attachment of the wage or salary of the 39
debtor). The order is called a garnishee order. 40
(2) The Commissioner may make a garnishee order only if satisfied that fee 41
recovery action is authorised against the debtor under this Part. 42
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(3) Section 73 of the Fines Act 1996 applies in relation to a garnishee order made 1
under this clause in the same way as it applies in relation to a garnishee order 2
made under that section. 3
17 Registration of fee recovery order as charge on land 4
(1) The Commissioner may apply to the Registrar-General for registration of a fee 5
recovery order in relation to any land owned by the debtor (including any land 6
owned jointly with another person). 7
(2) An application may not be made under this clause unless the amount payable 8
under the order (or the total amount payable under the orders) to which the 9
application relates exceeds $1,000 or such other amount as is prescribed by the 10
regulations. 11
(3) Section 74 of the Fines Act 1996 applies in relation to an application under this 12
clause, and a charge registered under this clause, in the same way as it applies 13
to an application under that section, and a charge registered under that section. 14
Division 2 Ancillary provisions 15
18 Examination of debtor 16
(1) The Commissioner may issue an order (an order for examination) under this 17
clause for the purpose of enabling fee recovery action to be taken under this 18
Part. 19
(2) If a person who is issued with an order for examination fails to attend in 20
accordance with the order, the Commissioner may issue a warrant for the 21
apprehension of the person and for the person to be brought before the 22
Commissioner or other specified enforcement officer, or before a specified 23
officer of a court, for examination in accordance with this clause. 24
(3) Sections 75 and 75A of the Fines Act 1996 apply in relation to an order for 25
examination, an examination, or warrant of apprehension under this clause in 26
the same way as they apply in relation to an order for examination, 27
examination or warrant for apprehension under those sections. 28
19 Power of entry to execute property seizure order 29
(1) The person executing a property seizure order may, at any reasonable time of 30
the day or night, enter any premises for the purposes of executing the order. 31
(2) Subclause (1) does not authorise any such person to enter any part of premises 32
used only for residential purposes without the permission of the occupier of 33
the premises or the authority of a search warrant under this clause. 34
(3) Any such person may apply to an authorised officer for the issue of a search 35
warrant if the person believes on reasonable grounds that there may be 36
property liable to seizure under the property seizure order in any premises. 37
(4) An authorised officer to whom any such application is made may, if satisfied 38
that there are reasonable grounds for doing so, issue a search warrant 39
authorising any person who is executing the property seizure order to enter the 40
premises and seize property in the premises in accordance with that or any 41
other property seizure order. 42
(5) Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 43
2002 applies to a search warrant issued under this clause. 44
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(6) Without affecting the generality of section 71 of the Law Enforcement 1
(Powers and Responsibilities) Act 2002, a police officer: 2
(a) may accompany a person executing a search warrant, and 3
(b) may take all reasonable steps to assist the person in the exercise of the 4
person's functions under this clause. 5
(7) This clause does not authorise a person to seize property under any warrant of 6
execution or order (other than a property seizure order) while the person is in 7
premises in pursuance only of the authority conferred by this clause. 8
(8) In this clause: 9
authorised officer has the same meaning as it has in the Law Enforcement 10
(Powers and Responsibilities) Act 2002. 11
premises includes any structure, building, aircraft, vehicle, vessel or place 12
(whether built upon or not). 13
20 Power of person executing order or warrant to demand name and address 14
(1) The Sheriff or other person executing an order or warrant under this Part may 15
require a person whom the Sheriff or other person suspects on reasonable 16
grounds to be the debtor to state his or her full name and residential address 17
and to produce evidence of his or her identity. 18
(2) A person is not required to comply with such a requirement unless the person 19
was warned on that occasion that a failure to comply is an offence. 20
(3) A person who, without reasonable excuse, fails to comply with such a 21
requirement is guilty of an offence. 22
Maximum penalty: 10 penalty units. 23
21 Electronic transmission of documents 24
(1) The following directions, orders and warrants under this Part may be 25
transmitted electronically to the persons to whom they are given or directed: 26
(a) a property seizure order directed to the Sheriff, 27
(b) a garnishee order, or a summons requiring a garnishee under such a 28
garnishee order to show cause, given to the Sheriff for service, 29
(c) an order for examination given to the Sheriff for service, 30
(d) a warrant of apprehension directed to the Sheriff. 31
(2) For the purpose of executing any such order or warrant, the Sheriff or other 32
officer to whom the order or warrant is so transmitted is to cause a copy of the 33
order or warrant to be converted into written form and to be endorsed with the 34
following words: 35
This document has been transmitted electronically by the Commissioner of 36
Fines Administration in accordance with clause 21 of Schedule 9 to the Health 37
Services Act 1997. 38
Part 4 Suspension, withdrawal and cancellation of fee 39
recovery action 40
22 Fee recovery action may be suspended 41
(1) The Commissioner may make an order (a suspension order) for the 42
suspension of fee recovery action in relation to an ambulance fee referred to 43
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the Commissioner by the Health Secretary if the Commissioner is satisfied 1
that: 2
(a) the person charged with the ambulance fee may be exempt from 3
payment of the ambulance fee under Chapter 5A, or 4
(b) the matter should be referred back to the Health Secretary for some 5
other reason. 6
(2) A suspension order must be made if the Health Secretary requests the making 7
of the suspension order. 8
(3) A suspension order may be made: 9
(a) before or after the making of a fee recovery order, and 10
(b) on application or on the Commissioner's own initiative. 11
(4) While a suspension order has effect: 12
(a) a fee recovery order is not to be made in relation to the ambulance fee, 13
and 14
(b) if a fee recovery order has already been made in relation to the 15
ambulance fee, any fee recovery action already taken in relation to the 16
order is to be suspended. 17
(5) Fee recovery action is to be suspended as follows: 18
(a) any property seizure order that has already been made in relation to the 19
ambulance fee that has not been executed is to be cancelled, 20
(b) any garnishee order that has already been made in relation to the 21
ambulance fee is to be cancelled. 22
(6) However, any property obtained as a result of fee recovery action is not 23
required to be returned, and a charge on land created under Part 3 need not be 24
cancelled, unless the relevant fee recovery order is withdrawn. 25
(7) A suspension order has effect until the Commissioner revokes the suspension 26
order or the Health Secretary revokes the referral of the ambulance fee to the 27
Commissioner (whichever happens first). 28
Note. The Commissioner must withdraw any fee recovery order that has been made 29
and reverse any fee recovery action taken if the referral of the fee to the Commissioner 30
is revoked. 31
(8) The Commissioner may revoke a suspension order only if the Health Secretary 32
requests the revocation of the suspension order. 33
(9) The Commissioner must give notice in writing of the making or revocation of 34
a suspension order: 35
(a) to the Health Secretary, and 36
(b) to the Sheriff, but only if a property seizure order has already been made 37
in relation to the ambulance fee. 38
(10) The suspension of fee recovery action does not prevent further fee recovery 39
action being taken after the suspension has ceased to have effect. 40
23 Withdrawal of order and reversal of fee recovery action 41
(1) The Commissioner may, on application or on the Commissioner's own 42
initiative, withdraw a fee recovery order if satisfied that: 43
(a) the person named in the fee recovery order is exempt from payment of 44
an ambulance fee specified in the order under Chapter 5A, or 45
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(b) the person was not aware that a debt notice had been issued before the 1
fee recovery order was served, or 2
(c) the person was otherwise hindered by accident, illness, misadventure or 3
other cause from taking action in relation to the debt notice, or 4
(d) an ambulance fee to which it applies has previously been the subject of 5
a fee recovery order in respect of which any fee recovery action has 6
been taken, or 7
(e) the person named in the fee recovery order is not the person by whom 8
the ambulance fee is payable, or 9
(f) the order was otherwise made in error. 10
(2) The Commissioner must withdraw a fee recovery order in relation to an 11
ambulance fee if the Health Secretary revokes the referral of the ambulance fee 12
to the Commissioner. 13
(3) A fee recovery order may be withdrawn completely or only to the extent of 14
some of the amount or amounts to which it applies. 15
(4) If a fee recovery order is withdrawn completely: 16
(a) the order then ceases to have effect, and 17
(b) any fee recovery action already taken is to be reversed, unless the same 18
recovery action is authorised under another fee recovery order, and 19
(c) fee recovery costs are not payable under the order and, if paid, are 20
repayable. 21
(5) If a fee recovery order is withdrawn only to the extent of some of the amount 22
or amounts to which it applies: 23
(a) the order continues to have effect in respect of the remaining amount or 24
amounts to which it applies, and 25
(b) any amount that has been paid under the order is to be applied to 26
payment of the remaining amount or amounts to which it applies and 27
any fee recovery costs payable under the order. 28
(6) The withdrawal of a fee recovery order does not prevent the making of a 29
further fee recovery order in respect of the ambulance fee. 30
24 Cancellation of fee recovery action generally 31
(1) The Commissioner may cancel any or all fee recovery action in respect of an 32
ambulance fee at any time for any good reason. 33
(2) The Commissioner cancels fee recovery action by cancelling a property 34
seizure order, garnishee order or charge on land in respect of the ambulance 35
fee. 36
(3) A property seizure order, garnishee order or charge on land under this Part is 37
taken to be cancelled on the payment of the ambulance fee concerned. 38
(4) The cancellation of a charge on land does not take effect until the 39
Registrar-General registers the cancellation of the charge. 40
(5) The Commissioner must give the Health Secretary notice in writing of a 41
decision to cancel fee recovery action in respect of an ambulance fee. 42
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Part 5 Hardship and time to pay 1
25 Cancellation of fee recovery action because of hardship 2
(1) The Commissioner may, on the application of a debtor or at the 3
Commissioner's own discretion, cancel fee recovery action in respect of the 4
whole or part of an unpaid ambulance fee if satisfied that, due to any or all of 5
the financial, medical or personal circumstances of the debtor: 6
(a) the debtor does not have sufficient means to pay the ambulance fee and 7
is not likely to have sufficient means to pay the ambulance fee, and 8
(b) fee recovery action has not been or is unlikely to be successful in 9
satisfying the ambulance fee. 10
(2) The Commissioner must cancel fee recovery action in respect of the whole or 11
part of an unpaid ambulance fee if directed to do so by the Hardship Review 12
Board. 13
(3) This section does not prevent the Commissioner from making a further fee 14
recovery order for an unpaid ambulance fee at any time within 5 years after the 15
fee recovery action is cancelled under this clause if: 16
(a) the Health Secretary again refers the matter to the Commissioner for the 17
making of a fee recovery order, and 18
(b) the Commissioner is satisfied that the debtor has sufficient means to pay 19
the ambulance fee and that fee recovery action is likely to be successful 20
in satisfying the ambulance fee. 21
26 Time to pay 22
(1) A debtor may apply to the Commissioner for time to pay an ambulance fee any 23
time after a fee recovery order is made. 24
(2) The Commissioner may, by order, allow further time to pay the ambulance fee 25
if satisfied the application is genuine and it appears expedient to do so. 26
(3) Section 100 of the Fines Act 1996 applies in relation to an order made under 27
this clause in the same way as it applies in relation to an order made under that 28
section. 29
27 Functions of Hardship Review Board 30
(1) The Hardship Review Board has the same functions with respect to ambulance 31
fees as it has with respect to fines under the Fines Act 1996. 32
(2) Section 101B of the Fines Act 1996 applies in relation to reviews by the 33
Hardship Review Board under this Schedule in the same way as it applies in 34
relation to reviews by the Hardship Review Board under that Act. 35
(3) The Hardship Review Board, a member of the Board, or a person otherwise 36
engaged in the administration of this clause, may disclose to the 37
Commissioner, or any other person engaged in the administration of this 38
Schedule, information obtained in the administration of this clause. 39
Part 6 Administration 40
28 Form of notices 41
Any notice given by the Commissioner to the Health Secretary under this 42
Schedule may be given by post, by means of document exchange or by 43
electronic transmission. 44
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29 Arrangements with Health Secretary 1
(1) The Commissioner may enter into arrangements with the Health Secretary for 2
the payment to the Health Secretary of ambulance fees that are recovered 3
under this Schedule. 4
(2) The arrangements may permit the Commissioner to deduct or retain from any 5
amount paid to the Health Secretary a fee or payment for services provided 6
under this Schedule. 7
(3) An ambulance fee recovered under this Schedule is, when recovered, payable 8
in accordance with those arrangements. 9
(4) This clause does not affect the requirements of this Schedule with respect to 10
the payment of fee recovery costs. 11
30 Delegation 12
(1) The Commissioner may delegate to any person employed in the Public Service 13
any function of the Commissioner under this Act, other than this power of 14
delegation. 15
(2) The Commissioner may delegate to any person any of the following functions 16
of the Commissioner: 17
(a) the function of serving notice of a fee recovery order on a debtor, 18
(b) the function of serving (but not issuing) an order for examination. 19
31 Exercise of enforcement functions 20
(1) An enforcement function may be exercised by the Commissioner or by any 21
person employed in the Public Service who is authorised by the Commissioner 22
to exercise that function. 23
(2) A person authorised to exercise enforcement functions is an enforcement 24
officer for the purposes of this Schedule. 25
(3) The Commissioner and any enforcement officers have, in the exercise of 26
enforcement functions, the same protection and immunities as officers of a 27
court. 28
(4) In this clause, enforcement function means a function of the Commissioner of 29
making or issuing an order or warrant under this Schedule. 30
32 Disclosure of information 31
(1) The Commissioner, or any other person engaged in the administration of this 32
Schedule, may disclose personal information obtained in relation to a person 33
in the administration or execution of this Schedule or Chapter 5A: 34
(a) in connection with the administration or execution of this Schedule or 35
Chapter 5A (including for the purpose of the recovery of an ambulance 36
fee), or 37
(b) to the Health Secretary or a delegate of the Health Secretary for the 38
purposes of the administration or execution of Chapter 5A, or 39
(c) with the consent of the person to whom the information relates or at the 40
request of a person acting on behalf of the person to whom the 41
information relates, or 42
(d) to the Hardship Review Board, or 43
(e) as authorised or required by or under this Act or any other Act or law. 44
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(2) Without limiting subclause (1) (a), personal information may be disclosed to 1
an employer or past employer of a debtor for the purposes of the 2
administration, enforcement or execution of a garnishee order. 3
(3) A person engaged in the administration of this Schedule must not disclose any 4
personal information obtained in relation to any person in the administration 5
or execution of this Schedule or Chapter 5A except as authorised or required 6
by this Act or any other Act or law. 7
Maximum penalty: 100 penalty units. 8
(4) In this clause: 9
personal information means personal information under the Privacy and 10
Personal Information Protection Act 1998 or personal information that is 11
health information under the Health Records and Information Privacy Act 12
2002. 13
33 Administrative provisions of Fines Act 1996 apply 14
(1) The administrative provisions of the Fines Act 1996 apply in respect of the 15
exercise of functions under this Schedule in the same way as they apply in 16
respect of the exercise of functions under that Act. 17
(2) In this clause, the administrative provisions of the Fines Act 1996 are: 18
(a) section 102, and 19
(b) Part 8, except sections 116A, 116B, 117A and 117B. 20
34 Interpretation of Fines Act 1996 provisions that are applied by this Schedule 21
(1) A provision of this Schedule that applies a provision of the Fines Act 1996 is 22
to be read subject to the modifications set out in this clause and to any other 23
modifications necessary or required under this Act. 24
(2) For the purposes of any such provision, a reference in the Fines Act 1996: 25
(a) to the Fines Act 1996 or a provision of that Act includes a reference to 26
this Schedule or a corresponding provision of this Schedule, and 27
(b) to a fine, fine defaulter or fine enforcement order includes a reference 28
to an ambulance fee, debtor or fee recovery order respectively, and 29
(c) to enforcement action or other action in respect of a fine includes a 30
reference to fee recovery action or other action in respect of an 31
ambulance fee, and 32
(d) to the writing off of an unpaid fine includes a reference to the 33
cancellation of fee recovery action in respect of an unpaid ambulance 34
fee, and 35
(e) to an order under that Act includes a reference to a corresponding order 36
under this Schedule, and 37
(f) to an authorised officer under that Act includes a reference to an 38
enforcement officer under this Schedule, and 39
(g) to the regulations under that Act includes a reference to the regulations 40
under this Schedule, and 41
(h) to a person engaged in the administration of that Act includes a 42
reference to a person engaged in the administration of this Schedule. 43
(3) References to work and development orders and combined payment 44
arrangements are to be disregarded. 45
Page 23
Health Services Amendment (Ambulance Fees) Bill 2014 [NSW]
Schedule 2 Amendment of other Acts
Schedule 2 Amendment of other Acts 1
2.1 Fines Act 1996 No 99 2
Section 115 Use of name "State Debt Recovery" 3
Insert "or any other Act" after "Act" in section 115 (4). 4
2.2 Law Enforcement (Powers and Responsibilities) Act 2002 No 103 5
Schedule 2 Search warrants under other Acts 6
Insert in alphabetical order: 7
Health Services Act 1997, clause 19 of Schedule 9 8
Page 24
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