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This is a Bill, not an Act. For current law, see the Acts databases.
Health Legislation Amendment Bill
2012
No , 2012
A Bill for
An Act to make miscellaneous amendments to various Acts that relate to health and
associated matters.
Clause 1 Health Legislation Amendment Bill 2012
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Health Legislation Amendment Act 2012. 3
2 Commencement 4
(1) This Act commences on the date of assent to this Act, except as 5
provided by subsection (2). 6
(2) Schedule 1.2 commences on a day to be appointed by proclamation. 7
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Health Legislation Amendment Bill 2012
Amendments of Acts Schedule 1
Schedule 1 Amendments of Acts 1
1.1 Health Practitioner Regulation (Adoption of National Law) 2
Act 2009 No 86 3
[1] Section 6A Adjudication body 4
Omit section 6A (d). 5
[2] Schedule 1 Modification of Health Practitioner Regulation National Law 6
Insert before Schedule 1 [1]: 7
[1A] Section 3A 8
Insert after section 3: 9
3A Objective and guiding principle [NSW] 10
In the exercise of functions under a NSW provision, the 11
protection of the health and safety of the public must be the 12
paramount consideration. 13
Note. This section is an additional New South Wales provision. 14
[3] Schedule 1 [3] 15
Omit ", Performance Review Panels and Impaired Registrants Panels" from 16
the note. 17
Insert instead "and Performance Review Panels". 18
[4] Schedule 1 [5A] 19
Insert after Schedule 1 [5]: 20
[5A] Section 5, definitions of "NSW provision" and "NSW regulation" 21
Insert in alphabetical order: 22
NSW provision means-- 23
(a) a provision that forms part of this Law because of a 24
modification made by the Health Practitioner Regulation 25
(Adoption of National Law) Act 2009; or 26
(b) a NSW regulation. 27
Note. This definition is an additional New South Wales provision. 28
NSW regulation means a regulation made under section 247A. 29
Note. This definition is an additional New South Wales provision. 30
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Health Legislation Amendment Bill 2012
Schedule 1 Amendments of Acts
[5] Schedule 1 [13] 1
Omit "Department of Health" from the definition of Director-General in 2
section 138 (1). 3
Insert instead "Ministry of Health". 4
[6] Schedule 1 [13] 5
Omit the definitions of NSW provision and NSW regulation from 6
section 138 (1). 7
[7] Schedule 1 [14A] 8
Insert after Schedule 1 [14]: 9
[14A] Section 143A 10
Insert after section 143: 11
143A Mandatory notifications [NSW] 12
A mandatory notification is taken to be a complaint 13
both for the purposes of this Part and for the 14
purposes of the Health Care Complaints Act 1993 15
(including sections 96 and 98 of that Act). 16
Note. This section is an additional New South Wales 17
provision. 18
[8] Schedule 1 [15] 19
Insert "(including, but not limited to, psychological counselling)" after 20
"counselling" wherever occurring in sections 146B (1) (c), 148E (1) (d) and 21
(2) (c), 149A (1) (c) and (2) (c) and 152I (2) (a). 22
[9] Schedule 1 [15] 23
Omit section 150 (7). Insert instead: 24
(7) If a Council delegates any function of the Council under this 25
section to a group of 2 or more persons, at least one of those 26
persons must be a person who-- 27
(a) is not a registered health practitioner or student in the 28
health profession for which the Council is established; and 29
(b) has not at any time been registered as a health practitioner 30
or student in that health profession under this Law or a 31
corresponding prior Act. 32
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Health Legislation Amendment Bill 2012
Amendments of Acts Schedule 1
[10] Schedule 1 [15] 1
Insert after section 159 (2): 2
(3) The appeal is to be dealt with by reconsideration of the matter by 3
the Tribunal and fresh evidence, or evidence in addition to or in 4
substitution for the evidence that was before the Council when it 5
considered the matter, may be given. 6
[11] Schedule 1 [15] 7
Omit "Division 13" from section 161. Insert instead "Division 14A". 8
[12] Schedule 1 [15] 9
Insert after section 163 (1) (a): 10
(a1) if the Chairperson of the Tribunal decides, on application 11
by the person the subject of the review or the Commission, 12
that a Council is the appropriate review body, the Council; 13
or 14
[13] Schedule 1 [15] 15
Insert after paragraph (b) of the definition of decision-making entity in 16
section 163A (4): 17
(b1) a Council, but only in relation to orders made under this 18
Division or under Subdivision 5 of Division 3; 19
[14] Schedule 1 [15] 20
Omit section 163B (3). Insert instead: 21
(3) A reinstatement order is an order that the person may be 22
registered in accordance with Part 7 if-- 23
(a) the person makes an application for registration to the 24
National Board; and 25
(b) the relevant National Board decides to register the person. 26
(3A) Any condition imposed on a person's registration by the National 27
Board under Part 7 applies but only to the extent that it is not 28
inconsistent with conditions imposed or altered by the 29
appropriate review body under subsection (4). 30
[15] Schedule 1 [15] 31
Omit section 167A (2) (c). 32
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Health Legislation Amendment Bill 2012
Schedule 1 Amendments of Acts
[16] Schedule 1 [15] 1
Omit section 169B (1) (c). Insert instead: 2
(c) one person, appointed from among a panel of persons for 3
the time being nominated by the Minister, who-- 4
(i) is not a registered health practitioner or student in 5
the same health profession as the relevant health 6
practitioner the subject of the proceedings before the 7
Committee; and 8
(ii) has not at any time been registered as a health 9
practitioner or student in that health profession 10
under this Law or a corresponding prior Act. 11
[17] Schedule 1 [15] 12
Omit section 171 (4) (c). 13
[18] Schedule 1 [15] 14
Omit section 172B (1) (b). Insert instead: 15
(b) one person, appointed from among a panel of persons for 16
the time being nominated by the Minister, who-- 17
(i) is not a registered health practitioner or student in 18
the same health profession as the relevant health 19
practitioner the subject of the proceedings before the 20
Committee; and 21
(ii) has not at any time been registered as a health 22
practitioner or student in that health profession 23
under this Law or a corresponding prior Act. 24
[19] Schedule 1 [15] 25
Omit section 174A (2) (b). Insert instead: 26
(b) one is to be a person who-- 27
(i) is not a registered health practitioner or student in 28
the same health profession as the health practitioner 29
to whom the proceedings relate; and 30
(ii) has not at any time been registered as a health 31
practitioner or student in that health profession 32
under this Law or a corresponding prior Act. 33
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Health Legislation Amendment Bill 2012
Amendments of Acts Schedule 1
[20] Schedule 1 [18] 1
Omit "provision." from section 244A (e). Insert instead: 2
provision; 3
(f) on a stated day before 1 July 2010, or during a stated period 4
before 1 July 2010, a stated person was or was not 5
registered as a health practitioner or a student under a 6
repealed Act; 7
(g) on a stated day before 1 July 2010, or during a stated period 8
before 1 July 2010, a registration under a repealed Act was 9
or was not subject to a stated condition; 10
(h) on a stated day before 1 July 2010, a registration under a 11
repealed Act was suspended or cancelled or otherwise 12
ceased to have effect (whether or not for a specified 13
period). 14
[21] Schedule 1 [18] 15
Insert at the end of section 244A: 16
(2) In this section-- 17
registration under a repealed Act includes any other form of 18
authorisation, for example, a practising certificate, endorsement, 19
or the like. 20
repealed Act means an Act that was repealed by the Health 21
Practitioner Regulation Amendment Act 2010. 22
[22] Schedule 1 [19] 23
Omit "Department of Health" from section 247A (2) (e). 24
Insert instead "Ministry of Health". 25
[23] Schedule 1 [24A] 26
Insert after Schedule 1 [24]: 27
[24A] Schedule 5 Investigators 28
Omit "(section 163)". 29
[24] Schedule 1 [25] 30
Insert at the end of clause 1 (1) of Schedule 5A: 31
the Health Legislation Amendment Act 2012 32
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Health Legislation Amendment Bill 2012
Schedule 1 Amendments of Acts
[25] Schedule 1 [25] 1
Insert after Part 3 of Schedule 5A: 2
Part 4 Provisions consequent on enactment of 3
Health Legislation Amendment Act 2012 4
[NSW] 5
30 Definition [NSW] 6
In this Part: 7
amending Act means the Health Legislation Amendment Act 8
2012. 9
31 Mandatory notifications [NSW] 10
Section 143A as inserted by the amending Act does not extend to 11
a notification under Division 2 of Part 8 that was made before the 12
commencement of that section. 13
32 Suspension or conditions of registration to protect public [NSW] 14
Section 150 (7) as substituted by the amending Act does not 15
apply to a delegation made by a Council before that substitution. 16
33 Membership of Committees [NSW] 17
(1) The substitution of section 169B (1) (c) by the amending Act 18
does not affect any Committee that was established before that 19
substitution. 20
(2) The substitution of section 172B (1) (b) by the amending Act 21
does not affect any Committee that was established before that 22
substitution. 23
34 Membership of Performance Review Panels [NSW] 24
The substitution of section 174A (2) (b) by the amending Act 25
does not affect any Performance Review Panel that was 26
established before that substitution. 27
[26] Schedule 1 [25] 28
Insert after clause 2 (2) of Schedule 5B: 29
(2A) The notice referred to in subclause (2) (b) may be given by the 30
assessor or by another person on behalf of the assessor. 31
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Health Legislation Amendment Bill 2012
Amendments of Acts Schedule 1
[27] Schedule 1 [25] 1
Omit "Department of Health" wherever occurring in Schedules 5C and 5D. 2
Insert instead "Ministry of Health". 3
1.2 Health Records and Information Privacy Act 2002 No 71 4
[1] Section 4 Definitions 5
Insert in alphabetical order in section 4 (1): 6
genetic information means health information of a type 7
described in section 6 (d). 8
genetic relative means a person who is related to an individual by 9
blood, for example, a sibling, parent or descendant of the 10
individual. 11
[2] Section 6 Definition of "health information" 12
Omit "any sibling, relative or descendant" from section 6 (d). 13
Insert instead "a genetic relative". 14
[3] Schedule 1 Health Privacy Principles 15
Insert after clause 10 (1) (c): 16
(c1) Genetic information 17
the information is genetic information and the use of the 18
information for the secondary purpose: 19
(i) is reasonably believed by the organisation to be 20
necessary to lessen or prevent a serious threat to the 21
life, health or safety (whether or not the threat is 22
imminent) of a genetic relative of the individual to 23
whom the genetic information relates, and 24
(ii) is in accordance with guidelines, if any, issued by 25
the Privacy Commissioner for the purposes of this 26
paragraph, or 27
[4] Schedule 1, clause 11 (1) (c1) 28
Insert after clause 11 (1) (c): 29
(c1) Genetic information 30
the information is genetic information and the disclosure 31
of the information for the secondary purpose: 32
(i) is to a genetic relative of the individual to whom the 33
genetic information relates, and 34
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Health Legislation Amendment Bill 2012
Schedule 1 Amendments of Acts
(ii) is reasonably believed by the organisation to be 1
necessary to lessen or prevent a serious threat to the 2
life, health or safety (whether or not the threat is 3
imminent) of a genetic relative of the individual to 4
whom the genetic information relates, and 5
(iii) is in accordance with guidelines, if any, issued by 6
the Privacy Commissioner for the purposes of this 7
paragraph, or 8
1.3 Poisons and Therapeutic Goods Act 1966 No 31 9
[1] Section 8 Poisons List 10
Insert ", podiatrist authorised to prescribe the substance under section 17C" 11
after "section 17B" in section 8 (2). 12
[2] Section 10 Prohibition on supply of certain substances otherwise than 13
by wholesale 14
Insert after section 10 (2) (a3): 15
(a4) by a podiatrist, who is authorised under section 17C to 16
supply the substance, in the lawful practice of his or her 17
profession as such, or 18
[3] Section 10 (4) (a4) 19
Insert after section 10 (4) (a3): 20
(a4) by a podiatrist, who is authorised under section 17C to 21
supply the substance, in the lawful practice of his or her 22
profession as such, or 23
[4] Sections 10 (4) (b), 16 (1) (b) and (d1), (2), (3) (a) (i) and (5), 17 (1) (j1), 18A 24
(1) (b) and 34 (4) 25
Insert ", podiatrist" after "optometrist" wherever occurring. 26
[5] Section 11 Restriction on wholesale supply of certain substances 27
Insert after section 11 (2) (a3): 28
(a4) a podiatrist authorised under section 17C to supply or use, 29
or have possession of, the substance concerned, or 30
[6] Section 12 Obtaining substances by false representation 31
Insert after section 12 (2) (a3): 32
(a4) a podiatrist authorised under section 17C to supply or use, 33
or have possession of, the substance concerned, or 34
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Health Legislation Amendment Bill 2012
Amendments of Acts Schedule 1
[7] Section 16 Offences relating to prescribed restricted substances 1
Insert after section 16 (1) (a3): 2
(a4) the person is a podiatrist who is authorised under 3
section 17C to possess the substance and the person 4
obtains possession or attempts to obtain possession of it in 5
the lawful practice of his or her profession, 6
[8] Section 36AA Medicines to be dispensed by pharmacists 7
Insert "a podiatrist," after "an optometrist," wherever occurring. 8
Page 11
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