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This is a Bill, not an Act. For current law, see the Acts databases.


HEALTH LEGISLATION (AMENDMENT) BILL 2003

                                                                     PARLIAMENT OF VICTORIA

                                                             Health Legislation (Amendment) Act 2003
                                                                                     Act No.
Victorian Legislation and Parliamentary Documents




                                                                          TABLE OF PROVISIONS
                                                    Clause                                                                Page
                                                      1.     Purpose                                                         1
                                                      2.     Commencement                                                    2
                                                      3.     Nurse practitioners                                             2
                                                      4.     Health Services Act--patient information                        3
                                                      5.     Health Services Act--Numurkah District Health Service           4
                                                             PART 11--DEEMED PUBLICATION                                     4
                                                             231.     Deemed publication of Order in Council                 4
                                                      6.     Human Tissue Act--new section 39A inserted                      4
                                                             39A. Recovery of certain costs of tissue banks                  4
                                                      7.     Human Tissue Act--regulations                                   5
                                                      8.     Lord Mayor's Charitable Fund--Board members                     5
                                                      9.     New section 34 inserted                                         5
                                                             34.      Further transitional                                   5
                                                      10.    Mental Health Act--apprehension of mentally ill persons         6
                                                      11.    Mental Health Act--patient information                          8
                                                      12.    Nurses Act--qualifications                                      9
                                                      13.    Statute law revision                                            9
                                                                                 

                                                    ENDNOTES                                                                10




                                                                                         i
                                                    551041B.I1-1/5/2003                            BILL LC CIRCULATION 1/5/2003

 


 

PARLIAMENT OF VICTORIA Initiated in Council 30 April 2003 Victorian Legislation and Parliamentary Documents A BILL to make miscellaneous amendments to the Drugs, Poisons and Controlled Substances Act 1981, the Health Services Act 1988, the Human Tissue Act 1982, the Lord Mayor's Charitable Fund Act 1996, the Mental Health Act 1986 and the Nurses Act 1993 and for other purposes. Health Legislation (Amendment) Act 2003 The Parliament of Victoria enacts as follows: 1. Purpose The main purpose of this Act is to make miscellaneous amendments to the Drugs, Poisons and Controlled Substances Act 1981, the Health Services Act 1988, the Human Tissue Act 1982, 5 the Lord Mayor's Charitable Fund Act 1996, 1 551041B.I1-1/5/2003 BILL LC CIRCULATION 1/5/2003

 


 

Health Legislation (Amendment) Act 2003 s. 2 Act No. the Mental Health Act 1986 and the Nurses Act 1993. Victorian Legislation and Parliamentary Documents 2. Commencement (1) This Act, except section 6, comes into operation on the day after the day on which it receives the 5 Royal Assent. (2) Subject to sub-section (3), section 6 comes into operation on a day to be proclaimed. (3) If section 6 does not come into operation before 1 June 2004, it comes into operation on that day. 10 3. Nurse practitioners See: After section 14(2) of the Drugs, Poisons and Act No. Controlled Substances Act 1981 insert-- 9719/1981. Reprint No. 6 "(3) If the Nurses Board of Victoria established as at 14 February under the Nurses Act 1993 has imposed in 15 2002 relation to the practice of a nurse practitioner and amending conditions, limitations or restrictions Act No. including a condition, limitation or 11/2002. LawToday: restriction prohibiting the prescription of any www.dms. drug or substance or class of drugs or 20 dpc.vic. gov.au substances, being a poison or controlled substance or drug of dependence or poisons or controlled substances or drugs of dependence that nurse practitioner for the purposes of this Act and the regulations is 25 deemed to be not authorized to obtain and have in his or her possession or to use sell or supply in the lawful practice of his or her profession the poison or controlled substance or drug of dependence or the poisons or 30 controlled substances or drugs of dependence to which the condition, limitation or restriction relates.". 2 551041B.I1-1/5/2003 BILL LC CIRCULATION 1/5/2003

 


 

Health Legislation (Amendment) Act 2003 s. 4 Act No. 4. Health Services Act--patient information See: (1) In section 141 of the Health Services Act 1988-- Act No. Victorian Legislation and Parliamentary Documents 49/1988. (a) in sub-section (1), in the definition of Reprint No. 8 "person to whom this section applies" for as at 19 February "person to whom this section applies" 5 2003. substitute "relevant person"; LawToday: www.dms. (b) in sub-section (2), for "person to whom this dpc.vic. gov.au section applies" (wherever occurring) substitute "relevant person". (2) After section 141(2A) of the Health Services Act 10 1988 insert-- "(2B) Sub-section (2) does not apply to a person (other than an independent contractor) who is a relevant person in relation to a relevant health service who gives information in 15 accordance with HPP 2 of the Health Privacy Principles in the Health Records Act 2001 to another person (other than an independent contractor) who is a relevant person in relation to that relevant health service.". 20 (3) In section 141 of the Health Services Act 1988-- (a) in sub-section (3)(a), after "consent" (where twice occurring) insert "(which may be express or implied)"; (b) in sub-section (3)(eb), for "2.2(f), 2.2(h)" 25 substitute "2.2(a), 2.2(f), 2.2(h), 2.2(k), 2.2(l)"; (c) in sub-section (3), after paragraph (eb) insert-- "(ec) to the giving of information relating to 30 a notification, claim or potential claim to a person or body providing insurance or indemnity (including discretionary indemnity) for any liability of the relevant health service or a person who 35 3 551041B.I1-1/5/2003 BILL LC CIRCULATION 1/5/2003

 


 

Health Legislation (Amendment) Act 2003 s. 5 Act No. is a relevant person in relation to the relevant health service arising from the provision of services by, on behalf of or Victorian Legislation and Parliamentary Documents at the relevant health service; or"; (d) in sub-section (5)(a), omit "employed or". 5 5. Health Services Act--Numurkah District Health Service After section 230 of the Health Services Act 1988 insert-- 'PART 11--DEEMED PUBLICATION 10 231. Deemed publication of Order in Council The Order in Council made under section 8(1)(c) on 30 September 1997 changing the name of the Numurkah and District War Memorial Hospital to the 15 Numurkah District Health Service is deemed to have been published on 2 October 1997 in the Government Gazette as if the words "Numurkah and District Health Service" were "Numurkah District Health Service".'. 20 6. Human Tissue Act--new section 39A inserted See: After section 39 of the Human Tissue Act 1982 Act No. insert-- 9860/1982. Reprint No. 2 "39A. Recovery of certain costs of tissue banks as at 14 November (1) A person who owns or controls a tissue bank 25 1996 and prescribed by the regulations may charge an amending amount to recover the reasonable costs Act Nos 63/1995, associated with the removal, evaluation, 12/1998 and storage, processing at the tissue bank and 27/2001. LawToday: distribution from the tissue bank of tissue 30 www.dms. removed in accordance with this Act. dpc.vic. gov.au 4 551041B.I1-1/5/2003 BILL LC CIRCULATION 1/5/2003

 


 

Health Legislation (Amendment) Act 2003 s. 7 Act No. (2) Section 38(1) does not apply to a person who only charges an amount in accordance with sub-section (1). Victorian Legislation and Parliamentary Documents (3) Section 39(1) does not apply to a person who only pays an amount charged in accordance 5 with sub-section (1).". 7. Human Tissue Act--regulations At the end of section 46 of the Human Tissue Act 1982 insert-- "(2) The regulations-- 10 (a) may be of general or limited application; and (b) may differ according to differences in time, place or circumstance.". 8. Lord Mayor's Charitable Fund--Board members 15 See: (1) In section 11(b)(i) of the Lord Mayor's Act No. Charitable Fund Act 1996, for "one year" 54/1996. LawToday: substitute "2 years". www.dms. dpc.vic. (2) In section 12(1)(b), (2)(b) and (3) of the Lord gov.au Mayor's Charitable Fund Act 1996, for "the 20 annual" substitute "the second annual". 9. New section 34 inserted After section 33 of the Lord Mayor's Charitable Fund Act 1996 insert-- "34. Further transitional 25 (1) A person who held office as a member of the Board immediately before the commencement of section 8 of the Health Legislation (Amendment) Act 2003 whose name is drawn by lot by the President under 30 sub-section (3) continues to hold office until the commencement of the first ordinary meeting of the Board after the second annual 5 551041B.I1-1/5/2003 BILL LC CIRCULATION 1/5/2003

 


 

Health Legislation (Amendment) Act 2003 s. 10 Act No. meeting of the Board after that member was elected. Victorian Legislation and Parliamentary Documents (2) The remaining members of the Board who held office as members of the Board immediately before the commencement of 5 section 8 of the Health Legislation (Amendment) Act 2003 hold office until the commencement of the first ordinary meeting of the Board after the annual meeting of the Board after that member was elected. 10 (3) The President must draw by lot the names of 2 members of the Board appointed under section 11(b)(iii) and 2 members appointed under section 11(b)(iv) who are to hold office in accordance with sub-section (1).". 15 10. Mental Health Act--apprehension of mentally ill persons See: (1) In section 10(3) of the Mental Health Act 1986 Act No. after "practitioner" insert "or a mental health 59/1986. Reprint No. 7 practitioner". 20 as at 1 July 2002 (2) In section 10 of the Mental Health Act 1986, for and sub-sections (4) and (5) substitute-- amending Act Nos '(4) A member of the police force must, as soon 67/1998 and 41/2002. as practicable after apprehending a person LawToday: under sub-section (1), arrange for-- 25 www.dms. dpc.vic. (a) an examination of the person by a gov.au registered medical practitioner; or (b) an assessment of the person by a mental health practitioner. (5) The mental health practitioner may assess 30 the person, having regard to the criteria in section 8(1) and-- (a) advise the member of the police force to-- 6 551041B.I1-1/5/2003 BILL LC CIRCULATION 1/5/2003

 


 

Health Legislation (Amendment) Act 2003 s. 10 Act No. (i) arrange for an examination of the person by a registered medical practitioner; or Victorian Legislation and Parliamentary Documents (ii) release the person from apprehension under this section; 5 or (b) complete an authority to transport the person to an approved mental health service in accordance with section 9(7A). 10 (6) If the mental health practitioner assesses the person and advises the member of the police force to arrange for an examination of the person by a registered medical practitioner the member of the police force must do so as 15 soon as practicable. (7) If the mental health practitioner assesses the person and advises the member of the police force to release the person from apprehension under this section the member 20 must do so unless the member arranges for a personal examination of the person by a registered medical practitioner. (8) If an arrangement is made under this section to have a person examined by a registered 25 medical practitioner, a registered medical practitioner may examine the person for the purposes of section 9. (9) Nothing in this section limits-- (a) any other powers of a registered 30 medical practitioner or mental health practitioner in relation to that person under this Act; or (b) any other powers of a member of the police force in relation to that person. 35 7 551041B.I1-1/5/2003 BILL LC CIRCULATION 1/5/2003

 


 

Health Legislation (Amendment) Act 2003 s. 11 Act No. (10) In this section, "mental health practitioner" has the same meaning as in section 9.'. Victorian Legislation and Parliamentary Documents 11. Mental Health Act--patient information In section 120A of the Mental Health Act 5 1986-- (a) in sub-section (1), in the definition of "person to whom this section applies" for "person to whom this section applies" substitute "relevant person"; 10 (b) in sub-section (2), for "person to whom this section applies"(wherever occurring) substitute "relevant person"; (c) in sub-section (3)(a) after "consent" (where twice occurring) insert "(which may be 15 express or implied)"; (d) in sub-section (3)(ea) for "2.2(f), 2.2(h)" substitute "2.2(a), 2.2(f), 2.2(h), 2.2(k), 2.2(l)"; (e) in sub-section (3), after paragraph (ea) 20 insert-- "(eb) to the giving of information relating to a notification, claim or potential claim to a person or body providing insurance or indemnity (including discretionary 25 indemnity) for any liability of the relevant psychiatric service or a person who is a relevant person in relation to the relevant psychiatric service arising from the provision of services by, on 30 behalf of or at the relevant psychiatric service; or". 8 551041B.I1-1/5/2003 BILL LC CIRCULATION 1/5/2003

 


 

Health Legislation (Amendment) Act 2003 s. 12 Act No. 12. Nurses Act--qualifications See: For section 6(2)(a) of the Nurses Act 1993 Act No. Victorian Legislation and Parliamentary Documents substitute-- 111/1993. Reprint No. 3 "(a) has successfully completed a course as at 1 January approved by the Board or an examination set 5 2002 by the Board or, if the Board so requires, and amending both a course approved by the Board and an Act Nos examination set by the Board; or 2/2001, 11/2002 and (ab) has successfully completed units in a course 14/2002. LawToday: of study accredited by the Board for the 10 www.dms. purposes of sub-section (1) that the Board is dpc.vic. gov.au satisfied are substantially equivalent or based on similar competencies to a course or examination to which paragraph (a) applies; or". 15 13. Statute law revision (1) In sections 35(2A) and 35A of the Drugs, Poisons and Controlled Substances Act 1981 for "Chief General Manager" (wherever occurring) substitute "Secretary". 20 (2) In the Health Practitioner Acts (Further Amendments) Act 2002-- (a) in section 12(1) omit "29."; (b) in section 17(1) omit "39."; (c) in section 21(1) omit "46."; 25 (d) in section 27(1) omit "57."; (e) in section 28(1) omit "58.". 9 551041B.I1-1/5/2003 BILL LC CIRCULATION 1/5/2003

 


 

Health Legislation (Amendment) Act 2003 Endnotes Act No. ENDNOTES Victorian Legislation and Parliamentary Documents By Authority. Government Printer for the State of Victoria. 10 551041B.I1-1/5/2003 BILL LC CIRCULATION 1/5/2003

 


 

 


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