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This is a Bill, not an Act. For current law, see the Acts databases.
HEALTH LEGISLATION AMENDMENT BILL 2005
2005
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Health)
Health
Legislation Amendment Bill 2005
Contents
Page
Part 1.1 Health
Professionals Act 2004 3
Part 1.2 Health
Professionals Legislation Amendment Act 2004 9
Part 1.3 Health
Professionals Regulation 2004 12
Part 1.4 Medical
Practitioners Act 1930 13
2005
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Health)
Health Legislation
Amendment Bill 2005
A Bill for
An Act to amend the law relating to health, and for other
purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Health Legislation Amendment Act 2005.
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
3 Legislation
amended—sch 1
This Act amends the legislation mentioned in schedule 1.
The Medical Services (Fees) Act 1984 A1984-7 is repealed.
(see s 3)
Part
1.1 Health Professionals Act
2004
substitute
(2) If this Act has not commenced before 9 July 2006, it automatically
commences on that day.
substitute
(2) For the application of this Act in relation to a health professional
who is a veterinary surgeon, a health service is a service
provided to an animal (the service user) for any of the purposes
mentioned in subsection (1) (a) or (b).
(3) Also, a health service includes a service provided by a health
professional in the professional’s capacity as a health
professional.
omit
substitute
(3) If a health profession board wants a health professional’s
registration suspended or cancelled, the board cannot suspend or cancel the
registration itself, but may apply to the health professions tribunal for
suspension or cancellation.
substitute
(c) when (in addition to the circumstances already prescribed under this
Act) a health profession board may apply for the suspension or cancellation of
registration; and
omit
substitute
(c) to hear applications for review of decisions of health profession
boards and professional standards panels;
(d) to hear applications from health profession boards to suspend or
cancel the registration of health professionals.
substitute
48 Parties to proceeding
(1) The following are parties to the proceeding on an application relating
to a decision about a person (other than an application mentioned in subsection
(2)):
(a) the person;
(b) the health profession board that made the decision or that established
the professional standards panel that made the decision;
(c) anyone else with the leave of the health professions
tribunal.
(2) The following are parties to the proceeding on an application to
suspend or cancel a health professional’s registration:
(a) the health professional;
(b) the health profession board that made the application;
(c) anyone else with the leave of the health professions
tribunal.
in division 7.3, insert
49A Application to suspend or cancel health
professional’s registration
(1) This section applies to an application to suspend or cancel a health
professional’s registration.
(2) In deciding whether to suspend or cancel the registration, the health
professions tribunal must consider whether—
(a) the health professional has contravened a standard of practice that
applied to the health professional; or
(b) the health professional is putting, or has put, public safety at
risk.
[1.10] Section
84 (2) (e) and (3)
omit
period
substitute
maximum period
[1.11] Section
86 (3) (b)
substitute
(b) apply to the tribunal for the suspension or cancellation of the
registration of the health professional to whom the matter relates;
[1.12] Section
122 (2) (i)
substitute
(i) refer the report, complaint, or application for a condition review, to
the health profession board with—
(i) a recommendation that an application be made to the health professions
tribunal for the suspension or cancellation of the health professional’s
registration; and
(ii) the standards inquiry report on which the recommendation is
based;
substitute
(3) If the professional standards panel acts under subsection (2) (other
than under paragraph (i)), the act is an act of the health profession
board.
[1.14] Section
136 (1) (l)
substitute
(l) Psychologists Act 1994 A 1994-87
(m) Veterinary Surgeons Act 1965 A1965-3.
omit
or (l)
substitute
, (l) or (m)
substitute
(1) This section applies to a health profession regulated under a repealed
Act.
[1.17] New
section 137 (3)
insert
(3) To remove any doubt, midwifery is a health profession that was
regulated under the Nurses Act 1988.
substitute
(1) This section applies if a person was registered under a repealed Act
immediately before its repeal and the registration was subject to a
condition.
[1.19] New
sections 150A to 150D
insert
150A People previously registered under repealed
Act
A reference in section 77 (Meaning of registered health professional
for div 9.2) to a person who was registered at the time of an act or
omission includes a reference to a person who was registered under a repealed
Act at that time, whether or not the person is, or has at any time been,
registered under this Act.
150B People previously registered under Act or
repealed Act
In this Act:
registered health professional, in relation to a report under
division 9.2 or a complaint, includes a person who was registered under
this Act or a repealed Act at the time of the act or omission reported or
complained about.
150C Existing inquiries
To remove any doubt, in an inquiry to which section 140 applies, anything
done by a board in relation to a person registered at any time by the board, as
part of an inquiry or otherwise, may, but need not, be done again under this Act
by the health profession board that regulates a profession in relation to which
the board was established.
150D Appointment and election of health profession
board members before Act fully commenced
(1) This section applies to any of the following powers under this Act
that are to be, or have been, exercised in relation to a health profession
board:
(a) a power to make an appointment to the board;
(b) a power to make a statutory instrument for the purposes of the
board;
(c) a power to do anything in relation to the conduct of an election for
members of the board.
Note A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including any regulation (see
Legislation Act, s 104).
(2) To remove any doubt, the Legislation Act, section 81 (Exercise of
powers between notification and commencement) is taken to apply, or is taken to
have applied, to the exercise of the power even if—
(a) the power was exercised before the commencement of this section;
or
(b) the power is exercised before this Act has fully commenced.
(3) For the exercise of the power, this Act is taken to have fully
commenced at the time of the exercise of the power.
(4) Anything done, or purported to have been done, under this Act before
the commencement of this section has effect after that commencement as if this
section (and every other provision of this Act) had been in force when the thing
was done.
Note A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including any regulation (see
Legislation Act, s 104).
(5) Subsection (4) is additional to subsections (2) and (3).
(6) This section is additional to the Legislation Act, section
81.
[1.20] Dictionary,
new definition of public
insert
public, in relation to health services provided by veterinary
surgeons, includes animals.
Part
1.2 Health Professionals Legislation
Amendment Act 2004
[1.21] Section
2 (1), table 2, new item 11
insert
11
|
sch 11A (Veterinary surgeons)
|
s 136 (m)
|
[1.22] Section
2 (1), note, paragraph (l)
substitute
(l) Psychologists Act 1994 A1994-87
(m) Veterinary Surgeons Act 1965 A1965-3.
[1.23] Schedule
1, amendment 1.18, new section 3, definition of election,
note
substitute
Note The Health Professionals Act 2004, s 136 repeals the
Acts mentioned in this definition.
[1.24] Schedule
1, amendment 1.19, new section 3, definition of prescribed Act,
note
substitute
Note The Health Professionals Act 2004, s 136 repeals the
Acts mentioned in this definition.
[1.25] Schedule
1, amendment 1.20, new section 3, definition of register,
note
substitute
Note The Health Professionals Act 2004, s 136 repeals the
Acts mentioned in this definition.
[1.26] Schedule
1, amendment 1.21, new section 3, definition of registered practitioner,
note
substitute
Note The Health Professionals Act 2004, s 136 repeals the
Acts mentioned in this definition.
[1.27] Schedule
1, amendment 1.23, new section 8 (3), note
substitute
Note The Health Professionals Act 2004, s 136 repeals the
Acts mentioned in pars (a) – (h).
[1.28] Schedule
1, amendment 1.25, new section 3, definition of board,
note
substitute
Note The Health Professionals Act 2004, s 136 repeals the
Acts mentioned in this definition.
[1.29] Schedule
1, amendment 1.26, new section 3, definition of proceeding,
note
substitute
Note The Health Professionals Act 2004, s 136 repeals the
Acts mentioned in this definition.
[1.30] Schedule
1, amendment 1.27, new section 11 (4), note
substitute
Note The Health Professionals Act 2004, s 136 repeals the
Acts mentioned in this definition.
[1.31] Schedule
1, amendment 1.33, new modification 15, definition of Health Professionals
Act, paragraph (b) (ix)
substitute
(ix) Psychologists Act 1994;
(x) Veterinary Surgeons Act 1965.
[1.32] Schedule
5, part 5.11
omit
insert
Schedule 11A Veterinary
surgeons
(see s 3)
Part 11A.1 Legislation Act
2001
[11A.1] Dictionary, part 1, definition of
veterinary surgeon
substitute
veterinary surgeon—
(a) means a person unconditionally registered as a veterinary surgeon
under the Health Professionals Act 2004; and
(b) for an activity, includes a person conditionally registered as a
veterinary surgeon under the Health Professionals Act 2004 to the extent
that the person is allowed to do the activity under the person’s
conditional registration.
Part 11A.2 Drugs of Dependence Act
1989
[11A.2] Section 3 (1), definition of veterinary
surgeon
omit
Part 11A.3 Pharmacy Act
1931
[11A.3] Section 2 (1), definition of veterinary
surgeon
omit
Part 11A.4 Repeal of legislation
consequential on repeal of Veterinary Surgeons Act 1965
• Veterinary Surgeons Determination of Fees 2003 (No1)
DI2003-113
[1.34] Schedule
12, part 12.1
omit
Part
1.3 Health Professionals
Regulation 2004
omit
8 July 2005
substitute
9 July 2006
omit
omit
Part
1.4 Medical Practitioners Act
1930
[1.38] Section
55A heading
omit
pt 4B
substitute
pt 5A
[1.39] Section
55B heading
omit
medical practitioner
substitute
doctor
omit
registered medical practitioner
substitute
doctor
omit
section 55D (1)
substitute
section 30D (1)
[1.42] Part
4B (as amended)
relocate to Health Act 1993 as part 5A (section 30A to section
30E)
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2005.
2 Notification
Notified under the Legislation Act on 2005.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2005
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