Commonwealth Numbered Acts

HEALTH AND COMMUNITY SERVICES LEGISLATION AMENDMENT ACT (No. 2) 1993 No. 76 of 1993 - SECT 8

8. Section 23DK of the Principal Act is amended:

   (a)  by inserting after subsection (1) the following subsection:

"(1A) Subsection (1) does not apply to the approved pathology practitioner in
relation to a particular pathology service if:

   (a)  at the time the service was rendered, he or she was employed by an
        approved pathology authority; and

   (b)  he or she is no longer employed by the approved pathology authority;
        and

   (c)  before ceasing to be so employed, he or she notified the Managing
        Director of the Commission in writing of the place where the written
        request, or written confirmation of the request, relating to the
        service is stored and the approved pathology authority who is
        retaining it; but the approved pathology authority shall retain the
        written request, or written confirmation of the request, until the end
        of the period referred to in subsection (1).";

   (b)  by omitting from paragraph (2)(a) "subsection" and substituting
        "section";

   (c)  by inserting after subsection (2) the following subsection:

"(2A) Subsection (2) does not apply to the relevant pathologist in relation to
a request if:

   (a)  at the time the request is made, he or she was employed by an approved
        pathology authority; and

   (b)  he or she is no longer employed by the approved pathology authority;
        and

   (c)  before ceasing to be so employed, he or she notified the Managing
        Director of the Commission in writing of the place where the written
        request, or written confirmation of the request, relating to the
        service is stored and the approved pathology authority who is
        retaining it; but the approved pathology authority shall retain the
        written request, or written confirmation of the request, until the end
        of the period referred to in subsection (2).";
(d) by inserting in subsection (3) "or an approved pathology authority" after
"approved pathology practitioner" (wherever occurring);

   (e)  by adding at the end of subsection (3) "or by the approved pathology
        authority under subsection (1A) or (2A)".