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This is a Bill, not an Act. For current law, see the Acts databases.
NURSE PRACTITIONERS LEGISLATION AMENDMENT BILL 2003
2003
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Health)
Nurse
Practitioners Legislation Amendment Bill 2003
Contents
Page
2003
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Health)
Nurse Practitioners
Legislation Amendment Bill 2003
A Bill for
An Act to amend legislation because of the enactment of the Nurses
Amendment Act 2003, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Nurse Practitioners Legislation Amendment Act
2003.
This Act commences on a day fixed by the Minister by written
notice.
Note 1 The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
Note 2 A single day or time may be fixed, or different days or times
may be fixed, for the commencement of different provisions (see Legislation Act,
s 77 (1)).
Note 3 If a provision has not commenced within 6 months beginning on
the notification day, it automatically commences on the first day after that
period (see Legislation Act, s 79).
3 Legislation
amended—pt 2
This part amends the Health Act 1993.
insert
37B Regulations about nurse
practitioners
(1) The regulations may make provision in relation to nurse practitioner
positions and the scopes of practice for nurse practitioner positions.
(2) In this section:
nurse practitioner position means a position approved under
the regulations as a nurse practitioner position.
position means a position (however described) in the public
or private sector, whether or not the occupant is an employee.
scope of practice, for a nurse practitioner position, means
the manner in which the nurse practitioner who occupies the position may
practise as a nurse practitioner, including, for example, the aspects of
practice that the nurse practitioner may perform as a nurse
practitioner.
Examples for def scope of
practice
1 prescribing particular medication
2 referring patients to other health care professionals
3 ordering particular diagnostic investigations
Note An example is part of the
regulations, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
Part
3 Legislation Act
2001
5 Legislation
amended—pt 3
This part amends the Legislation Act 2001.
6 Dictionary,
part 1, new definition of nurse practitioner
insert
nurse practitioner means a person who is registered as a
nurse practitioner under the Nurses Act 1988.
Part
4 Mental Health (Treatment and Care)
Act 1994
7 Legislation
amended—pt 4
This part amends the Mental Health (Treatment and Care) Act
1994.
insert
4A Offences against Act—application of Criminal
Code etc
Other legislation applies in relation to offences against this
Act.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to the following offence against this Act
(see Code, pt 2.1):
• s 119B (2) (Identity cards for mental health officers).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms used for
offences to which the Code applies (eg conduct,
intention, recklessness and strict
liability).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that
are expressed in penalty units.
substitute
119 Mental health officers
(1) The Minister may appoint a person as a mental health
officer.
Note 1 For the making of appointments (including acting
appointments), see Legislation Act, pt 19.3.
Note 2 In particular, a person may be appointed for a particular
provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made
by naming a person or nominating the occupant of a position (see
s 207).
Note 3 Certain Ministerial appointments require consultation with an
Assembly committee and are disallowable (see Legislation Act,
div 19.3.3).
(2) A person is not eligible for appointment as a mental health officer
unless the person is a mental health nurse, authorised nurse practitioner,
psychologist or social worker.
(3) In this section:
authorised nurse practitioner means a nurse practitioner who
is the occupant of a nurse practitioner position acting within the scope of
practice for the position.
nurse practitioner position—see the Health Act
1993, section 37B (2).
scope of practice—see the Health Act 1993,
section 37B (2).
119A Functions of mental health
officers
The functions of a mental health officer for this Act are the functions
that the chief psychiatrist directs.
Note Function includes authority, duty and power (see
Legislation Act, dict, pt 1).
119B Identity cards for mental health
officers
(1) The chief executive must give a mental health officer an identity card
that states the person is a mental health officer for this Act and
shows—
(a) the name of the person; and
(b) a recent photograph of the person.
(2) A person commits an offence if—
(a) the person was appointed as a mental health officer; and
(b) the person ceases to be a mental health officer; and
(c) the person does not return the person’s identity card to the
chief executive as soon as practicable (but within 7 days) after the day
the person ceases to be a mental health officer.
Maximum penalty: 1 penalty unit.
(3) An offence against subsection (2) is a strict liability
offence.
10 Legislation
amended—pt 5
This part amends the Pharmacy Act 1931.
in part 1, insert
4A Offences against Act—application of Criminal
Code etc
Other legislation applies in relation to offences against this
Act.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to the following offence against this Act
(see Code, pt 2.1):
• s 51 (Restrictions on supply of certain medicines etc).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms used for
offences to which the Code applies (eg conduct,
intention, recklessness and strict
liability).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that
are expressed in penalty units.
substitute
46 Prescriptions to be signed and dated
etc
A person who issues a prescription (the prescriber)
must—
(a) issue the prescription on which the prescriber’s full name is
printed; and
(b) sign and date the prescription.
Note The Poisons Regulations 1933 also contain provisions
about prescriptions.
47 Record of prescriptions
(1) A pharmacist must keep a record of every prescription dispensed,
compounded or made up by the pharmacist.
(2) The record must be made in accordance with the regulations (if
any).
substitute
51 Restrictions on supply of certain medicines
etc
(1) A person commits an offence if—
(a) the person is not—
(i) a doctor; or
(ii) an authorised nurse practitioner; or
(iii) acting in accordance with a doctor’s direct instructions to
the person; and
(b) the person intentionally attends on, prescribes for, or supplies a
substance or instrument to, someone else—
(i) for the treatment or cure of a sexual health condition (whether or not
the other person has the condition); or
(ii) for menstrual problems; or
(iii) to influence the course of a pregnancy.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(2) Absolute liability applies to subsection (1) (a) (i).
(3) Strict liability applies to subsection (1) (a) (ii) and
(iii).
(4) Subsection (1) does not apply to—
(a) a registered pharmacist who dispenses a substance or instrument to
someone else under a prescription given by a doctor or nurse practitioner;
or
(b) a registered pharmacist who, in the ordinary course of the
pharmacist’s business, sells or supplies a substance or instrument (other
than a substance or instrument prescribed under the regulations) for a purpose
other than a purpose mentioned in subsection (1) (b).
(5) In this section:
authorised nurse practitioner means a nurse practitioner who
is the occupant of a nurse practitioner position acting within the scope of
practice for the position.
nurse practitioner position—see the Health Act
1993, section 37B (2).
scope of practice—see the Health Act 1993,
section 37B (2).
sexual health condition means—
(a) a sexually transmitted disease; or
(b) a disease affecting a reproductive organ or function; or
(c) impotence; or
(d) an ailment relating to sexual intercourse.
sexually transmitted disease—see the Sexually
Transmitted Diseases Act 1956, section 4.
Note Under the Sexually Transmitted Diseases Act 1956, s 4 a
sexually transmitted disease is chancroid, chlamydial disease,
donovanosis, gonorrhoea, HIV/AIDS, lymphogranuloma venereum, syphilis or a
disease prescribed by regulations under that Act.
14 Legislation
amended—pt 6
This part amends the Poisons Act 1933.
in part 1, insert
3A Offences against Act—application of Criminal
Code etc
Other legislation applies in relation to offences against this
Act.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to the following offence against this Act
(see Code, pt 2.1):
• s 16 (Sale etc of biological preparations and restricted
substances).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms used for
offences to which the Code applies (eg conduct,
intention, recklessness and strict
liability).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that
are expressed in penalty units.
substitute
16 Sale etc of biological preparations and restricted
substances
(1) A person commits an offence if—
(a) the person sells or otherwise supplies to, or dispenses for, someone
else a biological preparation or restricted substance; and
(b) the other person is not an eligible receiver; and
(c) the person is reckless about whether the other person is an eligible
receiver.
Maximum penalty: 100 penalty units, imprisonment for 1 year or
both.
(2) A person commits an offence if—
(a) the person sells or otherwise supplies a biological preparation or
restricted substance; and
(b) the person is not—
(i) a doctor; or
(ii) an authorised nurse practitioner; or
(iii) a dentist; or
(iv) a pharmacist; or
(v) a veterinary surgeon; or
(vi) the holder of a licence to sell or otherwise supply the preparation
or substance; or
(vii) a public employee who is authorised in writing by the Minister for
this section.
Maximum penalty: 100 penalty units, imprisonment for 1 year or
both.
(3) Absolute liability applies to subsection (2) (b) (i) to (v).
(4) Strict liability applies to subsection (2) (b) (vi) and
(vii).
(5) In this section:
authorised nurse practitioner means a nurse practitioner who
is the occupant of a nurse practitioner position acting within the scope of
practice for the position, if the scope of practice for the position includes
prescribing stated biological preparations or restricted substances (however
described).
eligible receiver, in relation to a biological preparation or
restricted substance, means—
(a) a doctor; or
(b) an authorised nurse practitioner; or
(c) a dentist; or
(d) a pharmacist; or
(e) a veterinary surgeon; or
(f) the holder of a licence to sell the preparation or substance;
or
(g) a public employee who is authorised in writing by the Minister for
this section; or
(h) a person who presents a prescription authorising the supply of the
preparation or substance to the person or someone else for whom the person is
acting.
nurse practitioner position—see the Health Act
1993, section 37B (2).
prescription means a prescription, given by a doctor,
authorised nurse practitioner, dentist or veterinary surgeon, that complies with
the regulations.
scope of practice—see the Health Act 1993,
section 37B (2).
17 Maximum
penalty where offence is due to
inadvertenceSection 18
(b)
omit
issued by doctors
18 Regulation-making
powerSection 22 (2)
(i)
substitute
(i) the issue of prescriptions;
Part
7 Poisons Regulations
1933
19 Legislation
amended—pt 7
This part amends the Poisons Regulations 1933.
20 DispensingRegulation
5 (2) (k)
substitute
(k) a prescription for a substance containing a biological preparation or
restricted substance must be kept by the pharmacist to whom it is presented,
whether or not the prescription has been dispensed, if—
(i) the pharmacist suspects that the prescription is forged or
fraudulently issued; or
(ii) the prescription does not contain the signature of a person
authorised to prescribe it.
Part
8 Prostitution Act
1992
21 Legislation
amended—pt 8
This part amends the Prostitution Act 1992.
insert
3A Offences against Act—application of Criminal
Code etc
Other legislation applies in relation to offences against this
Act.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to the following offence against this Act
(see Code, pt 2.1):
• s 26 (Medical tests and examinations).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms used for
offences to which the Code applies (eg conduct,
intention, recklessness and strict
liability).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that
are expressed in penalty units.
substitute
26 Medical tests and
examinations
(1) A person commits an offence if—
(a) the person is an operator or owner of a brothel or escort agency;
and
(b) the person fails to take reasonable steps to ensure that 1 or more of
the following is not used to induce someone else to believe that the prostitute
is not infected with a sexually transmitted disease:
(i) the fact that a prostitute had a medical test;
(ii) the fact that a prostitute had a medical examination by a doctor or
authorised nurse practitioner;
(iii) the result of a prostitute’s medical test;
(iv) the result of a prostitute’s medical examination by a doctor or
authorised nurse practitioner.
Maximum penalty: 20 penalty units.
(2) A prostitute commits an offence if—
(a) the prostitute tells someone else—
(i) that the prostitute had a medical test; or
(ii) that the prostitute had a medical examination by a doctor or
authorised nurse practitioner; or
(iii) the result of the prostitute’s medical test; or
(iv) the result of the prostitute’s medical examination by a doctor
or authorised nurse practitioner; and
(b) the prostitute—
(i) intends the person to believe that the prostitute is not infected with
a sexually transmitted disease; or
(ii) is reckless about whether the person believes that the prostitute is
not infected with a sexually transmitted disease.
Maximum penalty: 20 penalty units.
(3) An offence against subsection (1) is a strict liability
offence.
(4) This section does not apply to an operator or owner of a brothel or
escort agency if the operator or owner uses a prostitute’s medical test, a
prostitute’s medical examination by a doctor or authorised nurse
practitioner, or the result of a prostitute’s medical test or medical
examination by a doctor or authorised nurse practitioner, to satisfy himself or
herself that the prostitute is not infected with a sexually transmitted
disease.
(5) In this section:
medical test means the taking of a sample of tissue, blood,
urine or other bodily material for medical testing.
24 Disqualifying
offences—this ActSchedule 2, item 8,
column 3
omit
medical examination
substitute
medical test and medical examination
25 Dictionary,
new definition of authorised nurse practitioner
insert
authorised nurse practitioner means a nurse practitioner who
is the occupant of a nurse practitioner position acting within the scope of
practice for the position.
26 Dictionary,
definition of medical examination
omit
27 Dictionary,
new definitions
insert
nurse practitioner position—see the Health Act
1993, section 37B (2).
scope of practice—see the Health Act 1993,
section 37B (2).
Part
9 Public Health Act
1997
28 Legislation
amended—pt 9
This part amends the Public Health Act 1997.
in part 1, insert
6A Offences against Act—application of Criminal
Code etc
Other legislation applies in relation to offences against this
Act.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to the following offences against this Act
(see Code, pt 2.1):
• s 102A (Doctors and authorised nurse practitioners—failure to
notify)
• s 111 (Disclosure of information that identifies doctor
etc).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms used for
offences to which the Code applies (eg conduct,
intention, recklessness and strict
liability).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that
are expressed in penalty units.
substitute
102 Notification by doctors and authorised nurse
practitioners
(1) If a doctor or authorised nurse practitioner has reasonable grounds to
believe that a patient has, or may have, a notifiable condition, the doctor or
nurse practitioner must—
(a) give the patient information about—
(i) the transmission of the condition and how to prevent the transmission
of the condition to others; and
(ii) anything determined in writing by the chief health officer;
and
(b) advise the patient of the patient’s rights under section 99 (c);
and
(c) if the patient agrees, make reasonable arrangements for the patient to
receive counselling in accordance with any applicable code of practice;
and
(d) ask the patient to give the doctor or nurse practitioner information
for the purpose of complying with section 102A (Doctors and authorised nurse
practitioners—failure to notify).
(2) A determination under subsection (1) (a) (ii) is a notifiable
instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
(3) Subsection (1) does not apply if the doctor or authorised nurse
practitioner proves that he or she had reasonable grounds to believe that the
patient had been given the information mentioned in subsection (1) (a) by
another doctor or authorised nurse practitioner.
(4) Failure to comply with subsection (1) by a doctor—
(a) is taken to be unsatisfactory professional conduct for the Medical
Practitioners Act 1930, part 4 (The conduct of medical practice);
and
(b) is a ground for the patient to make a complaint to the commissioner
for health complaints under the Community and Health Services Complaints Act
1993, section 22 (1).
(5) Failure to comply with subsection (1) by an authorised nurse
practitioner—
(a) is taken to be a failure to exercise adequate care in practising
nursing for the Nurses Act 1988, section 61 (l) (Cancellation or
suspension of registration or enrolment); and
(b) is a ground for the patient to make a complaint to the commissioner
for health complaints under the Community and Health Services Complaints Act
1993, section 22 (1).
102A Doctors and authorised nurse
practitioners—failure to notify
(1) A doctor or authorised nurse practitioner commits an offence
if—
(a) the doctor or nurse practitioner has reasonable grounds to believe
that a patient has, or may have, a notifiable condition; and
(b) the doctor or nurse practitioner fails to notify the chief health
officer, in accordance with the applicable code of practice, about the
patient’s notifiable condition as soon as practicable.
Maximum penalty: 5 penalty units.
(2) A doctor commits an offence if—
(a) the doctor has reasonable grounds to believe that a dead person had,
or may have had, a notifiable condition at the time of death; and
(b) the person was a patient of the doctor immediately before death, or
was examined by the doctor after death; and
(c) the doctor fails to notify the chief health officer, in accordance
with the applicable code of practice, about the person’s notifiable
condition as soon as practicable.
Maximum penalty: 5 penalty units.
(3) An offence against this section is a strict liability
offence.
(4) It is a defence to a prosecution for an offence against subsection (1)
or (2) if the doctor or authorised nurse practitioner proves that he or she
believed on reasonable grounds that the chief health officer had already been
told about the notifiable condition of the patient or dead person.
31 Authorised
notification of contactsSection 108 (4)
(a)
substitute
(a) a doctor or authorised nurse practitioner; or
substitute
111 Disclosure of information that identifies doctor
etc
(1) A person commits an offence if the person—
(a) intentionally discloses information notified under this division;
and
(b) is reckless about whether the person who made the notification, or the
pathology laboratory or hospital to which the notification relates, is
reasonably able to be identified from the information.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(2) Subsection (1) does not apply if—
(a) the person who made the notification, or the person in charge of the
pathology laboratory or hospital, consents in writing to the disclosure;
or
(b) the person has a reasonable excuse for the disclosure.
(3) In this section:
person who made the notification means the doctor, authorised
nurse practitioner, pathologist or responsible person who made the
notification.
responsible person means a counsellor mentioned in section
105 (1) (Notification by responsible people) or person mentioned in
section 105 (2) who is responsible for the care, support or education of
someone else.
substitute
114 Public health directions—notice to doctor
or authorised nurse practitioner
(1) This section applies if the chief health officer gives a public health
direction about a person for reasons including the chief health officer’s
belief that the person has a disease or notifiable condition.
(2) The chief health officer must give written notice of the direction to
any doctor or authorised nurse practitioner professionally attending the person
at the time of the direction.
34 Dictionary,
new definitions
insert
authorised nurse practitioner means a nurse practitioner who
is the occupant of a nurse practitioner position acting within the scope of
practice for the position.
nurse practitioner position—see the Health Act
1993, section 37B (2).
35 Dictionary,
definition of responsible person
substitute
responsible person, in relation to a person having a
notifiable condition, means—
(a) a doctor; or
(b) an authorised nurse practitioner; or
(c) a counsellor who has counselled the person in relation to the
condition; or
(d) a person who is responsible for the care, support or education of the
person.
36 Dictionary,
new definition of scope of practice
insert
scope of practice—see the Health Act 1993,
section 37B (2).
Part
10 Public Health Regulations
2000
37 Legislation
amended—pt 10
This part amends the Public Health Regulations 2000.
38 Sale
of injurious drugs, articles and
apparatusRegulation 51 (7) (c) and
(d)
substitute
(c) the supply of drugs by prescription or order, signed by a doctor or
authorised nurse practitioner; or
(d) the supply of drugs by a doctor or authorised nurse practitioner to a
patient or person acting on behalf of a patient.
Part
11 Road Transport (Alcohol and Drugs)
Act 1977
39 Legislation
amended—pt 11
This part amends the Road Transport (Alcohol and Drugs) Act
1977.
40 Restrictions
on screening tests and breath
analysesSection 14 (3)
(b)
substitute
(b) if the person is in hospital and the doctor or authorised nurse
practitioner attending the person certifies in writing that, in his or her
opinion, complying with the requirement would be detrimental to the
person’s medical condition; or
insert
(4) If the person is in hospital, the police officer must, before making
the requirement, tell the doctor or authorised nurse practitioner attending the
person of the officer’s intention to make the requirement.
42 Medical
examinationsSection 16 (4) and
(5)
omit
doctor
substitute
doctor or authorised nurse practitioner
omit
doctor or a police officer
substitute
doctor, authorised nurse practitioner or police officer
44 Refusing
blood test etcSection 23 (2)
(b)
omit
doctor
substitute
doctor or authorised nurse practitioner
renumber subsections when Act next republished under Legislation
Act
46 Driver
etc intoxicatedSection 24A
(2)
substitute
(2) A person arrested for an offence against this section is entitled to
be examined by a doctor or authorised nurse practitioner if the person asks to
be examined.
47 Certificate
of evidenceSection 41 (1)
(e)
substitute
(e) a certificate purporting to be signed by a doctor or authorised nurse
practitioner stating all of the following is evidence of the matters stated in
the certificate:
(i) that he or she is a doctor or authorised nurse practitioner;
(ii) that at a stated hospital, on a stated date and at a stated time, he
or she was attending the person named in the certificate;
(iii) that he or she was told by a police officer of the officer’s
intention to require a person to undergo a screening test under section 8 (Power
to require screening test if vehicle not involved in accident), section 9 (Power
to require screening test if motor vehicle involved in accident) or section 10
(Power to require screening test for culpable driving) or to provide a sample of
the person’s breath for breath analysis under section 12 (Breath
analysis);
(iv) that he or she was of the opinion at the time he or she was told
that—
(A) complying with the requirement would be detrimental to the
person’s medical condition; or
(B) complying with the requirement would not be detrimental to the
person’s medical condition; and
renumber subparagraphs when Act next republished under Legislation
Act
49 Right
of arrested person to medical
examinationSection 47
(1)
substitute
(1) A police officer who arrests a person for an offence against this Act
must tell the arrested person, or someone else acting on behalf of the arrested
person, that the arrested person is entitled to be examined by a doctor or
authorised nurse practitioner nominated by the arrested person or other
person.
substitute
Note 2 For example, the Legislation Act, dict, pt 1, defines the
following terms:
• doctor
• exercise
• fail
• function
• nurse
• nurse practitioner.
51 Dictionary,
new definitions
insert
authorised nurse practitioner means a nurse practitioner who
is the occupant of a nurse practitioner position acting within the scope of
practice for the position.
medical examination means an examination by a doctor or
authorised nurse practitioner.
nurse practitioner position—see the Health Act
1993, section 37B (2).
scope of practice—see the Health Act 1993,
section 37B (2).
Part
12 Sexually Transmitted Diseases Act
1956
52 Legislation
amended—pt 12
This part amends the Sexually Transmitted Diseases Act
1956.
53 Definitions
for ActSection 4, new
definitions
insert
authorised nurse practitioner means a nurse practitioner who
is the occupant of a nurse practitioner position acting within the scope of
practice for the position.
nurse practitioner position—see the Health Act
1993, section 37B (2).
scope of practice—see the Health Act 1993,
section 37B (2).
insert
4A Offences against Act—application of Criminal
Code etc
Other legislation applies in relation to offences against this
Act.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to the following offence against this Act
(see Code, pt 2.1):
• s 5 (Obligations on people with sexually transmitted
diseases)
• s 5A (Notification about case of sexually transmitted
disease)
• s 6 (Notification about person contravening s 5 (2))
• s 6A (Notification by pathologist etc)
• s 7A (Notice requiring medical examination of young
person).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms used for
offences to which the Code applies (eg conduct,
intention, recklessness and strict
liability).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that
are expressed in penalty units.
substitute
5 Obligations on people with sexually transmitted
diseases
(1) A person commits an offence if—
(a) the person is reckless about whether the person has, or may have, a
sexually transmitted disease; and
(b) the person fails to consult a doctor or authorised nurse practitioner
about the disease as soon as possible.
Maximum penalty: 5 penalty units.
(2) A person commits an offence if—
(a) the person is a patient of a doctor or authorised nurse practitioner
and is told by the doctor or nurse practitioner that the person has, or may
have, a sexually transmitted disease; and
(b) the person fails to have the treatment recommended by the doctor or
nurse practitioner until the person is cured of, or is free from, the
disease.
Maximum penalty: 5 penalty units.
(3) Strict liability applies to subsection (1) (b).
(4) An offence against subsection (2) is a strict liability
offence.
5A Notification about case of sexually transmitted
disease
(1) A doctor or authorised nurse practitioner commits an offence
if—
(a) the doctor or nurse practitioner has reasonable grounds to believe
that a patient has, or may have, a sexually transmitted disease; and
(b) the doctor or nurse practitioner fails to notify the chief health
officer about the case as soon as possible.
Maximum penalty: 5 penalty units.
(2) A person commits an offence if the person includes in a notification
mentioned in subsection (1) details that may identify the patient or the
patient’s address.
Maximum penalty: 5 penalty units.
(3) Subsection (2) does not apply if another Territory law requires or
permits the details to be given.
(4) An offence against subsection (2) is a strict liability
offence.
6 Notification about person contravening s 5
(2)
(1) If a patient of a doctor or authorised nurse practitioner fails to
have the treatment recommended by the doctor or nurse practitioner as mentioned
in section 5 (2), the doctor or nurse practitioner must notify the chief health
officer about the case as soon as possible, giving details that may identify the
patient and the patient’s address.
Maximum penalty: 5 penalty units.
(2) An offence against this section is a strict liability
offence.
6A Notification by pathologist
etc
(1) A person (the responsible person) commits an offence
if—
(a) a pathologist tests a specimen to find out if a person has, or may
have, a sexually transmitted disease; and
(b) the test is positive; and
(c) the responsible person—
(i) is the pathologist, and is self-employed; or
(ii) employs the pathologist; or
(iii) is in charge of a laboratory at a hospital that employs the
pathologist; and
(d) the responsible person fails to notify the chief health officer as
soon as practicable—
(i) that the test is positive; and
(ii) the name and address of the doctor or authorised nurse practitioner
who ordered the test or from whom the specimen was received.
Maximum penalty: 5 penalty units.
(2) A person commits an offence if the person includes in a notification
under subsection (1) the name of the person from whom the specimen was
taken.
Maximum penalty: 5 penalty units.
(3) Subsection (2) does not apply if another Territory law requires or
permits the name to be given.
(4) An offence against this section is a strict liability
offence.
(5) In this section:
pathologist includes a laboratory assistant or technical
officer employed in a laboratory.
7 Notice requiring medical
examination
(1) The chief health officer may, by written notice, require a person to
have a medical examination at the time and place stated in the notice if the
chief health officer—
(a) receives a notification under section 6 (Notification about person
contravening s 5 (2)) about the person; or
(b) has another reason for believing that the person has, or may have, a
sexually transmitted disease.
(2) The person must have the medical examination.
(3) In this section:
medical examination means an examination by a doctor or
authorised nurse practitioner.
7A Notice requiring medical examination of young
person
(1) If a notice under section 7 (Notice requiring medical examination) is
given to a person under 16 years old (the young person), the chief
health officer may give a copy of the notice to a parent or other person who has
parental responsibility for the young person.
(2) A person commits an offence if—
(a) the person is given a copy of a notice under subsection (1);
and
(b) the person fails to take all reasonable steps to ensure that the young
person complies with the notice.
Maximum penalty: 50 penalty units.
(3) An offence against subsection (2) is a strict liability
offence.
(4) In this section:
parental responsibility—see the Children and Young
People Act 1999, section 18.
56 Apprehension
of person failing to attend for
examinationSection 8
(1)
substitute
(1) This section applies to a person if—
(a) the person is given a notice under section 7 (Notice requiring medical
examination); and
(b) the person fails to comply with the notice.
(1A) On application by the chief health officer, the Magistrates Court may
issue a warrant for the person’s apprehension.
substitute
(a) fix a time and place for the person to be examined by a doctor, or
authorised nurse practitioner, appointed by the chief health officer;
and
Note 1 For the making of appointments (including acting
appointments), see Legislation Act, pt 19.3.
Note 2 In particular, a person may be appointed for a particular
provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made
by naming a person or nominating the occupant of a position (see
s 207).
substitute
(8) If a person apprehended under this section refuses to be examined by a
doctor or authorised nurse practitioner as mentioned in subsection (5) (a),
the doctor or nurse practitioner may forcibly examine the person, with any
assistance the doctor or nurse practitioner considers necessary.
renumber subsections when Act next republished under Legislation
Act
Part
13 Tuberculosis Act
1950
60 Legislation
amended—pt 13
This part amends the Tuberculosis Act 1950.
insert
3A Offences against Act—application of Criminal
Code etc
Other legislation applies in relation to offences against this
Act.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to the following offence against this Act
(see Code, pt 2.1):
• s 4 (Doctors and authorised nurse practitioners—failure to
notify).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms used for
offences to which the Code applies (eg conduct,
intention, recklessness and strict
liability).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that
are expressed in penalty units.
substitute
4 Doctors and authorised nurse
practitioners—failure to notify
(1) A doctor or authorised nurse practitioner commits an offence
if—
(a) the doctor or nurse practitioner has reasonable grounds to believe
that a patient has, or may have, tuberculosis; and
(b) the doctor or nurse practitioner fails to notify the chief health
officer about the patient’s condition as soon as possible,
including—
(i) whether the tuberculosis is or was in an active form or is suspected
of being or having been in that form; and
(ii) whether the patient is or was in an infectious condition or is
suspected of being or having been in that condition.
Maximum penalty: 5 penalty units.
(2) A doctor commits an offence if—
(a) the doctor has reasonable grounds to believe that a dead person had,
or may have had, tuberculosis at the time of death; and
(b) the person was a patient of the doctor immediately before death, or
was examined by the doctor after death; and
(c) the doctor fails to notify the chief health officer about the
person’s condition as soon as possible, including—
(i) whether the tuberculosis is or was in an active form or is suspected
of being or having been in that form; and
(ii) whether the person is or was in an infectious condition or is
suspected of being or having been in that condition.
Maximum penalty: 5 penalty units.
(3) An offence against this section is a strict liability
offence.
(4) It is a defence to a prosecution for an offence against subsection (1)
or (2) if the doctor or authorised nurse practitioner proves that he or she
believed on reasonable grounds that the chief health officer had already been
told about the condition of the patient or dead person.
(5) In this section:
authorised nurse practitioner means a nurse practitioner who
is the occupant of a nurse practitioner position acting within the scope of
practice for the position.
nurse practitioner position—see the Health Act
1993, section 37B (2).
scope of practice—see the Health Act 1993,
section 37B (2).
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2003.
2 Notification
Notified under the Legislation Act on 2003.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2003
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