Commonwealth Numbered Acts

Health Legislation Amendment Act 1982 No. 49 of 1982 - SECT 15

15. Section 79 of the Principal Act is amended-

(a) by inserting after the definition of ''member'' in sub-section (1) the
following definition:

'' 'officer', in relation to a body corporate, means-

   (a)  a director, secretary or employee of the body corporate;

   (b)  a receiver and manager of any part of the undertaking of the body
        corporate appointed under a power contained in any instrument; or

   (c)  a liquidator of the body corporate appointed in a voluntary winding
        up;'';

   (b)  by adding after the definition of ''reference'' in sub-section (1) the
        following definition:

'' 'relevant person', in relation to a hearing, means-

   (a)  where notice of that hearing is given under sub-section 95 (1) to a
        person other than a body corporate-that person;

   (b)  where notice of that hearing is given under sub-section 95 (1) to a
        body corporate-each officer of that body corporate;'';

   (c)  by omitting from sub-section (1A) ''96, 104, 105 or 106'' and
        substituting ''104 or 105'';

   (d)  by omitting from paragraph (1B) (a) '', that are not reasonably
        necessary for the adequate medical'' and substituting ''and which were
        not reasonably necessary for the adequate medical or dental''; and

   (e)  by adding at the end thereof the following sub-sections:

''(3) In this Division, a reference to a practitioner who is employed by a
person includes a reference to a practitioner who provides professional
services for or on behalf of that person by reason of a contract, agreement or
other arrangement for the provision of his services between-

   (a)  that person; and

   (b)  the practitioner or another person.

''(4) Where a practitioner provides a professional service or initiates a
pathology service in the course of his employment by another person, then, for
the purposes of this Division, that service shall be taken to have been
rendered or that pathology service to have been initiated, as the case may be,
by that practitioner and not by that other person.

''(5) Any conduct, not being conduct referred to in sub-section (4), engaged
in on behalf of a body corporate by an officer of the body corporate or
engaged in by an agent of the body corporate at the direction or with the
consent or agreement (whether express or implied) of an officer of the body
corporate shall be deemed, for the purposes of this Division, to have been
engaged in also by the body corporate.''.