Australian Capital Territory Numbered Acts

HEALTH LEGISLATION AMENDMENT ACT 2006 (NO 2) (NO. 46 OF 2006) - SCHEDULE 2

Schedule 2     Other amendments

(see s 3)

Part 2.1     Cemeteries and Crematoria Regulation 2003

[2.1]     Section 9 (1) (b)

omit

doctor or nurse

substitute

doctor, nurse or midwife

Part 2.2     Children and Young People Act 1999

[2.2]     Section 159 (1) (c)

substitute

        (c)     a nurse; or

        (ca)     an enrolled nurse; or

        (cb)     a midwife; or

[2.3]     Dictionary, note 2, new dot points

insert

              •     enrolled nurse

              •     midwife

              •     nurse

Part 2.3     Crimes Act 1900

[2.4]     Section 76 (2)

substitute

    (2)     A medical procedure has a genuine therapeutic purpose only if—

        (a)     performed on a person in labour, or who has just given birth, and for medical purposes connected with the labour or birth, by a doctor or midwife; or

        (b)     it is necessary for the health of the person on whom it is performed and is performed by a doctor.

[2.5]     Dictionary, note 2, new dot points

insert

              •     doctor

              •     midwife

Part 2.4     Drugs of Dependence Act 1989

[2.6]     Section 3  (1), note

substitute

Note 1     The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2     For example, the Legislation Act, dict, pt 1 defines the following terms:

              •     dentist

              •     enrolled nurse

              •     midwife

              •     nurse

              •     pharmacist

              •     veterinary surgeon.

[2.7]     Section 3 (1), definitions of enrolled nurse and nurse

omit

[2.8]     Section 43 (1) (b)

substitute

        (b)     a nurse or midwife employed to provide first aid to workers in the course of their employment; or

[2.9]     Section 61 (2) (b) (ii)

substitute

              (ii)     in a class 1 institution, if no pharmacist is available when the drug is required—a nurse or midwife in the institution.

[2.10]     Section 61 (3), (4) and (5) and section 84 (2)

omit

or nurse

substitute

, nurse or midwife

[2.11]     Section 86 (1)

substitute

    (1)     A doctor, pharmacist, nurse, midwife or health worker may apply to the chief health officer for approval to supply syringes.

[2.12]     Section 120 (4) (a) (i)

substitute

              (i)     a doctor, intern, dentist, pharmacist, nurse or midwife; or

[2.13]     Section 160 (1), definition of exempt person , paragraph (c) (i) and (ii)

substitute

              (i)     a doctor, intern, pharmacist, nurse or midwife; or

              (ii)     a student nurse, or student midwife, who has completed the pharmacology units of his or her nursing or midwifery studies; or

[2.14]     Section 160 (1), new definitions

insert

"student midwife "means a person who is conditionally registered as a midwife under the Health Professionals Act 2004 while undertaking a midwifery course to achieve the standard required to be unconditionally registered as a midwife in the ACT.

"student nurse" means a person who is conditionally registered as a nurse under the Health Professionals Act 2004 while undertaking a nursing course to achieve the standard required to be unconditionally registered as a nurse in the ACT.

[2.15]     Section 170 (1) (b)

substitute

        (b)     a doctor, pharmacist, nurse or midwife employed within a class 1 institution or a class 2 institution acting in the course of his or her employment; or

[2.16]     Section 170 (3) (c)

omit

nurse or

substitute

nurse, midwife or

[2.17]     Sections 171 (4) (d)

substitute

        (d)     a doctor, pharmacist, nurse or midwife employed within a class 1 institution or a class 2 institution acting in the course of his or her employment; or

[2.18]     Section 173 (6) (b)

substitute

        (b)     if the person is a doctor, intern, dentist, veterinary surgeon, pharmacist, nurse or midwife—the health profession board that has responsibility under the Health Professionals Act 2004 for the registration of members of the person's profession.

Part 2.5     Firearms Act 1996

[2.19]     Section 115 (4), definition of health professional , paragraph (a)

substitute

        (a)     a doctor, psychologist, nurse, midwife or social worker;

Part 2.6     Food Act 2001

[2.20]     Section 145 (2)

omit

this Act or another Act.

substitute

this Act, another territory law or another law applying in the ACT.

[2.21]     Section 145 (4)

substitute

    (4)     A person to whom this section applies need not divulge or communicate protected information to a court, or produce a document containing protected information to a court, unless it is necessary to do so for this Act, another territory law or another law applying in the ACT.

Part 2.7     Gene Technology Act 2003

[2.22]     Section 172 (4) (c)

substitute

        (c)     state the day (not later than 28 days after the day the warrant is issued) that the warrant ceases to have effect; and

[2.23]     New section 194 (3A)

insert

    (3A)     However, the Minister is taken to have complied with this section if the Minister presents a copy of a Commonwealth independent review report to the Legislative Assembly not later than 5 years after the commencement of this Act.

[2.24]     Section 194 (4), new definition of Commonwealth independent review report

insert

"Commonwealth independent review" report means the report of an independent review of the Commonwealth Act undertaken under that Act, section 194 (Review of operation of Act).

Part 2.8     Health Act 1993

[2.25]     New section 250

insert

250     Approval of facilities—transitional

    (1)     To remove any doubt, anything done during the prescribed period in a medical facility, or a part of a medical facility, approved under a prescribed notified instrument is taken, for all purposes, to have been done in a medical facility, or part of a medical facility, approved under section 30D (1).

    (2)     In this section:

"prescribed notified instrument"—each of the following is a prescribed notified instrument :

        (a)     Health (Medical Facilities) Approval 2006 (No 1) , NI2006-289;

        (b)     Health (Medical Facilities) Approval 2006 (No 2) , NI2006-288;

        (c)     Health (Medical Facilities) Approval 2006 (No 3) , NI2006-287;

        (d)     Health (Medical Facilities) Approval 2006 (No 4) , NI2006-266.

"prescribed period" means—

        (a)     for an instrument mentioned in the definition of prescribed notified instrument , paragraph (a), (c) or (d)—the period starting on 7 July 2005 and ending on 31 July 2006; or

        (b)     for an instrument mentioned in the definition of prescribed notified instrument , paragraph (b)—the period starting on 1 July 2004 and ending on 31 July 2006.

    (3)     This section expires on the day it commences.

    (4)     This section is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

(commencement: on the day after this Act's notification day)

Part 2.9     Health Records (Privacy and Access) Act 1997

[2.26]     Schedule 1, principle 12

substitute

Principle 12:     Transfer of consumer to another health service provider or of health service provider to another practice

    1     If a consumer transfers from 1 health service provider (the first provider ) to another health service provider (the second provider )—

        (a)     the consumer may ask the first provider to give the second provider the consumer's health record; and

        (b)     the first provider—

              (i)     must give the second provider the consumer's record or a copy of the record; and

              (ii)     may also give the second provider a written summary of the consumer's health record.

    2     If a health service provider transfers from 1 practice (the first practice ) to another practice and a consumer continues to see the provider—

        (a)     the consumer may ask the first practice to give the provider the consumer's health record; and

        (b)     the first practice—

              (i)     must give the provider the consumer's record or a copy of the record; and

              (ii)     may also give the provider a written summary of the consumer's health record.

    3     The fee chargeable for giving a health record, or a copy or written summary of a health record, under this principle is—

        (a)     if a fee has been determined under section 34 for this principle—the determined fee; or

        (b)     in any other case—nil.

Part 2.10     Juries Act 1967

[2.27]     Schedule 2, part 2.2, item 5

substitute

5	a practising nurse, practising enrolled nurse or practising midwife

Part 2.11     Legislation Act 2001

[2.28]     Dictionary, part 1, new definitions

insert

"enrolled nurse"—

        (a)     means a person unconditionally enrolled as a nurse under the Health Professionals Act 2004 ; and

        (b)     for an activity, includes a person conditionally enrolled as a nurse under the Health Professionals Act 2004 to the extent that the person is allowed to do the activity under the person's conditional registration.

"midwife"—

        (a)     means a person unconditionally registered as a midwife under the Health Professionals Act 2004 ; and

        (b)     for an activity, includes a person conditionally registered as a midwife 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 2.12     Optometrists Act 1956

[2.29]     Part 4A, heading

omit

(commencement: immediately before the commencement of the Health Professionals Act 2004 , section 136 (1) (h))

[2.30]     Section 45A heading

substitute

129A     Definitions—pt 13A

(commencement: immediately before the commencement of the Health Professionals Act 2004 , section 136 (1) (h))

[2.31]     Section 45A, definition of ACT requirements

substitute

"ACT requirements"—see section 129B.

(commencement: immediately before the commencement of the Health Professionals Act 2004 , section 136 (1) (h))

[2.32]     Section 45A, new definition of board

insert

"board" means the ACT Optometrists Board established under the Health Professionals Regulation 2004 , schedule 11.

(commencement: immediately before the commencement of the Health Professionals Act 2004 , section 136 (1) (h))

[2.33]     Sections 45A to 45E (as amended)

relocate to Health Professionals Act 2004, part 13A as sections 129A to 129E

(commencement: immediately before the commencement of the Health Professionals Act 2004 , section 136 (1) (h))

Part 2.13     Physiotherapists Act 1977

[2.34]     Section 3 (1), definition of nurse

omit

[2.35]     Section 3 (2)

after

nurse,

insert

enrolled nurse, midwife,

Part 2.14     Prostitution Act 1992

[2.36]     Dictionary, definition of sexually transmitted disease

substitute

"sexually transmitted disease" means—

        (a)     chancroid, chlamydial disease, donovanosis, gonorrhoea, HIV/AIDS, lymphogranuloma venereum or syphilis; or

        (b)     a disease prescribed by regulation.

Part 2.15     Public Health Act 1997

[2.37]     Section 76 (1) (b) and (c)

substitute

        (b)     for any other place—enter the place at any time with the consent of the occupier, or in accordance with a warrant issued under section 80 or section 81.

[2.38]     New section 100 (1A)

insert

    (1A)     However, the Minister must not make a determination under subsection (1) unless the Minister believes, on reasonable grounds, that the determination is necessary to protect public health.

[2.39]     Section 101 (1)

substitute

    (1)     The chief health officer may declare, in writing—

        (a)     a disease or medical condition to be a notifiable condition; and

        (b)     a disease mentioned in paragraph (a) or section 100 (1) (a) to be a transmissible notifiable condition.

    (1A)     However, the chief health officer must not make a declaration under subsection (1) unless the chief health officer believes, on reasonable grounds, that the declaration is necessary to protect public health.

[2.40]     New section 115A

insert

115A     Public health direction—confinement

    (1)     This section applies if the chief health officer gives a public health direction under section 113 (1) (e) requiring a person who has a transmissible notifiable condition, or a contact of the person, (the confined person ) to be confined to a stated place for a stated period.

    (2)     The chief health officer must review the public health direction not later than 48 hours after the confined person was first confined under the direction.

Part 2.16     Public Health Regulation 2000

[2.41]     New section 9 (2) (ba) and (bb)

insert

        (ba)     an enrolled nurse;

        (bb)     a midwife;