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


HEALTH PROFESSIONS REGISTRATION (REPEAL) BILL 2012

                 PARLIAMENT OF VICTORIA

 Health Professions Registration (Repeal) Bill 2012



                       TABLE OF PROVISIONS
Clause                                                                     Page

PART 1--PRELIMINARY                                                           1
  1      Purposes                                                             1
  2      Commencement                                                         2

PART 2--REPEAL OF HEALTH PROFESSIONS
REGISTRATION ACT 2005 AND TRANSITIONAL
PROVISIONS                                                                    3
  3      Repeal of Health Professions Registration Act 2005                   3
  4      Abolition of Boards                                                  3
  5      Reports                                                              3

PART 3--CONSEQUENTIAL AMENDMENTS                                              5
Division 1--Amendment of the Abortion Law Reform Act 2008                     5
  6      Definitions                                                          5
Division 2--Amendment of the Accident Compensation Act 1985                   5
  7      Findings of relevant bodies                                          5
  8      Schedule 6                                                           6
Division 3--Amendment of the Drugs, Poisons and Controlled
Substances Act 1981                                                           6
  9      Definitions                                                          6
  10     Act not to derogate from provisions of certain other Acts            7
  11     The Poisons List                                                     7
  12     Persons authorized to have possession etc. of poisons or
         controlled substances                                                7
  13     Restrictions on authorisations for certain health practitioners      8
  14     Minister to approve scope of prescribing rights or supply of
         poisons                                                              8
  15     Offences concerning labelling and other matters                      8
  16     Construction of section 129                                          8




571295B.I-27/3/2012                     i       BILL LA INTRODUCTION 27/3/2012

 


 

Clause Page Division 4--Amendment of the Education and Training Reform Act 2006 9 17 Definitions 9 18 Findings and determinations of medical panel hearing 9 Division 5--Amendment of the Health Practitioners (Special Events Exemption) Act 1999 9 19 Definitions 9 20 Pharmacists exempt from certain offences 10 Division 6--Amendment of the Health Services (Conciliation and Review) Act 1987 10 21 Schedule 10 Division 7--Amendment of the Public Health and Wellbeing Act 2008 10 22 Definitions 10 Division 8--Amendment of the Radiation Act 2005 11 23 Further considerations in relation to use licence applications 11 24 Suspension or cancellation 11 25 Disclosure of information to other agencies 11 Division 9--Amendment of the Summary Offences Act 1966 12 26 Definitions 12 Division 10--Amendment of the Transport Accident Act 1986 12 27 Definitions 12 Division 11--Amendment of the Victorian Civil and Administrative Tribunal Act 1998 13 28 Schedule 1 13 Division 12--Amendment of the Working with Children Act 2005 13 29 Category 3 application 13 Division 13--Amendment of the Wrongs Act 1958 14 30 Definitions 14 PART 4--REPEAL OF ACT 15 31 Repeal of Act 15 ENDNOTES 16 571295B.I-27/3/2012 ii BILL LA INTRODUCTION 27/3/2012

 


 

PARLIAMENT OF VICTORIA Introduced in the Assembly Health Professions Registration (Repeal) Bill 2012 A Bill for an Act to repeal the Health Professions Registration Act 2005, to make related and consequential amendments to other Acts and for other purposes. The Parliament of Victoria enacts: PART 1--PRELIMINARY 1 Purposes The main purposes of this Act are-- (a) to repeal the Health Professions 5 Registration Act 2005 due to the regulation of Chinese medicine practitioners and medical radiation practitioners under the Health Practitioner Regulation National Law; 10 (b) to make minor and consequential amendments to other Acts. 571295B.I-27/3/2012 1 BILL LA INTRODUCTION 27/3/2012

 


 

Health Professions Registration (Repeal) Bill 2012 Part 1--Preliminary s. 2 2 Commencement This Act comes into operation on 1 July 2012. __________________ 571295B.I-27/3/2012 2 BILL LA INTRODUCTION 27/3/2012

 


 

Health Professions Registration (Repeal) Bill 2012 Part 2--Repeal of Health Professions Registration Act 2005 and Transitional s. 3 Provisions PART 2--REPEAL OF HEALTH PROFESSIONS REGISTRATION ACT 2005 AND TRANSITIONAL PROVISIONS 3 Repeal of Health Professions Registration Act 2005 5 The Health Professions Registration Act 2005 is See: Act No. repealed. 97/2005. Reprint No. 1 as at 1 September 2007 and amending Act Nos 46/2008, 64/2008, 79/2008, 68/2009, 69/2009, 13/2010, 39/2010, 43/2010 and 29/2011. LawToday: www. legislation. vic.gov.au 4 Abolition of Boards (1) On 1 July 2012 the following responsible boards within the meaning of the Health Professions 10 Registration Act 2005 are abolished-- (a) the Chinese Medicine Registration Board of Victoria; (b) the Medical Radiation Practitioners Board of Victoria. 15 (2) On the abolition of a board under subsection (1) its members go out of office. 5 Reports (1) Despite section 4, the report of operations and financial statements of a board abolished under 20 section 4(1) for a period of time prior to the financial year ending 30 June 2012 must be 571295B.I-27/3/2012 3 BILL LA INTRODUCTION 27/3/2012

 


 

Health Professions Registration (Repeal) Bill 2012 Part 2--Repeal of Health Professions Registration Act 2005 and Transitional s. 5 Provisions prepared under the Financial Management Act 1994. (2) For the purposes of subsection (1)-- (a) the board continues in operation as if the 5 board were a responsible board within the meaning of the Health Professions Registration Act 2005; and (b) that board had not been abolished. __________________ 571295B.I-27/3/2012 4 BILL LA INTRODUCTION 27/3/2012

 


 

Health Professions Registration (Repeal) Bill 2012 Part 3--Consequential Amendments s. 6 PART 3--CONSEQUENTIAL AMENDMENTS Division 1--Amendment of the Abortion Law Reform Act 2008 6 Definitions 5 (1) In section 3 of the Abortion Law Reform Act See: Act No. 2008, for the definition of registered health 58/2008 practitioner substitute-- and amending Act Nos "registered health practitioner means a person 58/2008 and registered under the Health Practitioner 13/2010. 10 Regulation National Law to practise a health LawToday: www. profession (other than as a student);". legislation. vic.gov.au (2) In section 3 of the Abortion Law Reform Act 2008, for the definition of regulated health profession substitute-- 15 "regulated health profession means a health profession within the meaning of the Health Practitioner Regulation National Law;". Division 2--Amendment of the Accident Compensation Act 1985 20 7 Findings of relevant bodies In section 249BA(4) of the Accident See: Act No. Compensation Act 1985, in the definition of 10191. relevant body for paragraph (a) substitute-- Reprint No. 18 as at 1 July 2011 "(a) a National Board within the meaning of the and 25 Health Practitioner Regulation National amending Act Nos Law;". 107/1997, 80/2010 and 76/2011. LawToday: www. legislation. vic.gov.au 571295B.I-27/3/2012 5 BILL LA INTRODUCTION 27/3/2012

 


 

Health Professions Registration (Repeal) Bill 2012 Part 3--Consequential Amendments s. 8 8 Schedule 6 In Schedule 6 to the Accident Compensation Act 1985, for item 17 substitute-- "17. A National Board within the meaning of the 5 Health Practitioner Regulation National Law.". Division 3--Amendment of the Drugs, Poisons and Controlled Substances Act 1981 9 Definitions 10 See: Act No. 9719. In section 4(1) of the Drugs, Poisons and Reprint No. 9 Controlled Substances Act 1981-- as at 1 July 2010 (a) for the definition of registered Chinese and amending herbal dispenser substitute-- Act Nos 39/2010, "registered Chinese herbal dispenser means 15 43/2010, a person registered under the Health 64/2010, 29/2011, Practitioner Regulation National Law to 41/2011, practise in the Chinese medicine 43/2011 and 51/2011. profession in the division of Chinese LawToday: herbal dispenser;"; www. 20 legislation. (b) for the definition of registered Chinese vic.gov.au medicine practitioner substitute-- "registered Chinese medicine practitioner means a person registered under the Health Practitioner Regulation National 25 Law to practise in the Chinese medicine profession in the division of Chinese herbal medicine practitioner;". 571295B.I-27/3/2012 6 BILL LA INTRODUCTION 27/3/2012

 


 

Health Professions Registration (Repeal) Bill 2012 Part 3--Consequential Amendments s. 10 10 Act not to derogate from provisions of certain other Acts In section 7 of the Drugs, Poisons and Controlled Substances Act 1981 omit 5 "Health Professions Registration Act 2005,". 11 The Poisons List In section 12A(1)(a) of the Drugs, Poisons and Controlled Substances Act 1981, for "Registration Board of Victoria under the Health 10 Professions Registration Act 2005" substitute "Board of Australia under the Health Practitioner Regulation National Law". 12 Persons authorized to have possession etc. of poisons or controlled substances 15 (1) In section 13(1)(d) of the Drugs, Poisons and Controlled Substances Act 1981, for "the Health Professions Registration Act 2005" substitute "section 94 of the Health Practitioner Regulation National Law". 20 (2) In section 13(1)(e) of the Drugs, Poisons and Controlled Substances Act 1981, for "the Health Professions Registration Act 2005" substitute "section 94 of the Health Practitioner Regulation National Law". 25 (3) In section 13(3A) of the Drugs, Poisons and Controlled Substances Act 1981, for "the Health Professions Registration Act 2005" substitute "section 94 of the Health Practitioner Regulation National Law". 30 (4) In section 13(5) of the Drugs, Poisons and Controlled Substances Act 1981, for "registered as a" substitute "a registered". 571295B.I-27/3/2012 7 BILL LA INTRODUCTION 27/3/2012

 


 

Health Professions Registration (Repeal) Bill 2012 Part 3--Consequential Amendments s. 13 (5) In section 13(5) of the Drugs, Poisons and Controlled Substances Act 1981, after "Chinese medicine practitioner or" insert "registered". 13 Restrictions on authorisations for certain health 5 practitioners In section 14(2) of the Drugs, Poisons and Controlled Substances Act 1981, for "Registration Board of Victoria continued in operation under the Health Professions 10 Registration Act 2005" substitute "Board of Australia acting under the Health Practitioner Regulation National Law". 14 Minister to approve scope of prescribing rights or supply of poisons 15 In section 14A(3) of the Drugs, Poisons and Controlled Substances Act 1981 omit "a responsible board continued or established under the Health Professions Registration Act 2005 or". 20 15 Offences concerning labelling and other matters In section 27A(4) of the Drugs, Poisons and Controlled Substances Act 1981, for "Health Professions Registration Act 2005" substitute "Health Practitioner Regulation National Law". 25 16 Construction of section 129 Section 130(b) of the Drugs, Poisons and Controlled Substances Act 1981 is repealed. 571295B.I-27/3/2012 8 BILL LA INTRODUCTION 27/3/2012

 


 

Health Professions Registration (Repeal) Bill 2012 Part 3--Consequential Amendments s. 17 Division 4--Amendment of the Education and Training Reform Act 2006 17 Definitions In section 2.6.35A of the Education and See: Act No. 5 Training Reform Act 2006, for the definition of 24/2006. registered health practitioner substitute-- Reprint No. 2 as at 6 May 2010 "registered health practitioner means a person and registered under the Health Practitioner amending Act Nos Regulation National Law to practise a health 27/2010, 10 profession other than as a student;". 28/2010, 39/2010, 71/2010, 11/2011, 61/2011 and 76/2011. LawToday: www. legislation. vic.gov.au 18 Findings and determinations of medical panel hearing In section 2.6.41E(3)(d) of the Education and Training Reform Act 2006 omit "a health 15 practitioner registered under the Health Professions Registration Act 2005 or". Division 5--Amendment of the Health Practitioners (Special Events Exemption) Act 1999 19 Definitions 20 In section 3 of the Health Practitioners (Special See: Act No. Events Exemption) Act 1999, for the definition 51/1999. of health registration Act substitute-- Reprint No. 1 as at 19 May 2011. "health registration Act means the Health LawToday: Practitioner Regulation National Law and www. 25 includes any regulations made under that legislation. vic.gov.au Act;". 571295B.I-27/3/2012 9 BILL LA INTRODUCTION 27/3/2012

 


 

Health Professions Registration (Repeal) Bill 2012 Part 3--Consequential Amendments s. 20 20 Pharmacists exempt from certain offences In section 16(2) of the Health Practitioners (Special Events Exemption) Act 1999 omit "the Health Professions Registration Act 2005 5 or". Division 6--Amendment of the Health Services (Conciliation and Review) Act 1987 21 Schedule See: For the Schedule to the Health Services Act No. 10 25/1987. (Conciliation and Review) Act 1987 Reprint No. 5 substitute-- as at 19 May 2011. LawToday: "SCHEDULE www. legislation. 1. A National Board established under the vic.gov.au Health Practitioner Regulation National 15 Law.". Division 7--Amendment of the Public Health and Wellbeing Act 2008 22 Definitions See: In section 3(1) of the Public Health and Act No. 20 46/2008. Wellbeing Act 2008, for the definition of Reprint No. 1 registered health practitioner substitute-- as at 1 July 2011 and "registered health practitioner means a person amending registered under the Health Practitioner Act Nos 56/2011 and Regulation National Law to practise a health 25 80/2011. profession other than as a student;". LawToday: www. legislation. vic.gov.au 571295B.I-27/3/2012 10 BILL LA INTRODUCTION 27/3/2012

 


 

Health Professions Registration (Repeal) Bill 2012 Part 3--Consequential Amendments s. 23 Division 8--Amendment of the Radiation Act 2005 23 Further considerations in relation to use licence applications In section 44(2) of the Radiation Act 2005, in the See: Act No. 5 definition of relevant practitioner registration 62/2005. board for paragraph (a) substitute-- Reprint No. 1 as at 14 February "(a) registered to practise a health profession 2008 other than as a student by a National Board and amending under the Health Practitioner Regulation Act Nos 10 National Law--the National Board that 46/2008, 66/2008, registered that person;". 68/2009, 13/2010, 24/2010, 29/2010 and 29/2011. LawToday: www. legislation. vic.gov.au 24 Suspension or cancellation In section 60(5) of the Radiation Act 2005, in the definition of relevant practitioner registration 15 board for paragraph (a) substitute-- "(a) registered to practise a health profession other than as a student by a National Board under the Health Practitioner Regulation National Law--the National Board that 20 registered that person;". 25 Disclosure of information to other agencies In section 136(1)(b) of the Radiation Act 2005 omit "a responsible board established or continued in operation under the Health 25 Professions Registration Act 2005,". 571295B.I-27/3/2012 11 BILL LA INTRODUCTION 27/3/2012

 


 

Health Professions Registration (Repeal) Bill 2012 Part 3--Consequential Amendments s. 26 Division 9--Amendment of the Summary Offences Act 1966 26 Definitions See: (1) In section 43(1) of the Summary Offences Act Act No. 7405. Reprint No. 10 1966, for the definition of registered health 5 as at 1 January practitioner substitute-- 2009 and "registered health practitioner means a person amending registered under the Health Practitioner Act Nos 1/2009, Regulation National Law to practise a health 7/2009, profession;". 68/2009, 10 92/2009, (2) In section 43(1) of the Summary Offences Act 13/2010, 18/2010, 1966 for the definition of registered student 29/2010, substitute-- 63/2010, 12/2011, "registered student means a person whose name is 27/2011, 29/2011, entered in a student register for a health 15 43/2011, 58/2011, profession kept by a National Board under 80/2011 and the Health Practitioner Regulation National 5/2012. Law;". LawToday: www. legislation. (3) In section 43(1) of the Summary Offences Act vic.gov.au 1966, in the definition of regulated health service 20 omit "a responsible board under the Health Professions Registration Act 2005 or". Division 10--Amendment of the Transport Accident Act 1986 27 Definitions 25 See: Act No. In section 3(1) of the Transport Accident Act 111/1986. 1986, in the definition of medical service for Reprint No. 12 paragraph (ba) substitute-- as at 1 July 2011 and "(ba) the provision of acupuncture by a person-- amending Act No. (i) registered as a Chinese medicine 30 49/2010. practitioner in the Division of LawToday: www. Acupuncturists under the Health legislation. Practitioner Regulation National Law; vic.gov.au or 571295B.I-27/3/2012 12 BILL LA INTRODUCTION 27/3/2012

 


 

Health Professions Registration (Repeal) Bill 2012 Part 3--Consequential Amendments s. 28 (ii) whose registration is endorsed under section 97 of the Health Practitioner Regulation National Law as being qualified to practise as an 5 acupuncturist; and". Division 11--Amendment of the Victorian Civil and Administrative Tribunal Act 1998 28 Schedule 1 In clause 11A in Part 5A of Schedule 1 to the See: Act No. 10 Victorian Civil and Administrative Tribunal 53/1998. Act 1998 after "Health Professions Registration Reprint No. 7 as at Act 2005" insert "as in force immediately before 1 January its repeal". 2011 and amending Act Nos 11/2010, 16/2010, 74/2010 and 6/2012. LawToday: www. legislation. vic.gov.au Division 12--Amendment of the Working with Children 15 Act 2005 29 Category 3 application In section 14(1)(a) of the Working with Children See: Act No. Act 2005-- 57/2005. Reprint No. 3 (a) in subparagraph (ii) after "Health as at 20 Professions Registration Act 2005" insert 1 August 2011 and "as in force immediately before its repeal"; amending Act Nos (b) after subparagraph (ii) insert-- 51/2010, 34/2001, "(iii) a determination under section 196(2)(d) 65/2011 and 80/2011. or (e) or section 197(2)(b) of the Health LawToday: 25 Practitioner Regulation National Law www. legislation. by VCAT or by another responsible vic.gov.au 571295B.I-27/3/2012 13 BILL LA INTRODUCTION 27/3/2012

 


 

Health Professions Registration (Repeal) Bill 2012 Part 3--Consequential Amendments s. 30 tribunal within the meaning of that Law; or". Division 13--Amendment of the Wrongs Act 1958 30 Definitions 5 See: Act No. 6420. (1) In section 28LB of the Wrongs Act 1958, in the Reprint No. 10 definition of registered health practitioner after as at paragraph (c) insert-- 1 December 2009 and "(ca) a person registered under the Health amending Practitioner Regulation National Law to 10 Act Nos 7/2009, practise in the occupational therapy 68/2009, profession (other than as a student); or". 69/2009, 13/2010, (2) In section 28LB of the Wrongs Act 1958, in the 16/2010, 72/2010, definition of registered health practitioner for 80/2010 and paragraph (i) substitute-- 79/2011. 15 LawToday: www. "(i) a person registered under the Health legislation. Practitioner Regulation National Law to vic.gov.au practise in the Chinese medicine profession-- (i) in the Division of Chinese herbal 20 medicine practitioner; or (ii) in the Division of Acupuncturists;". __________________ 571295B.I-27/3/2012 14 BILL LA INTRODUCTION 27/3/2012

 


 

Health Professions Registration (Repeal) Bill 2012 Part 4--Repeal of Act s. 31 PART 4--REPEAL OF ACT 31 Repeal of Act This Act is repealed on 1 July 2013. Note 5 The repeal of this Act does not affect the continuing operation of the repeal or the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). 571295B.I-27/3/2012 15 BILL LA INTRODUCTION 27/3/2012

 


 

Health Professions Registration (Repeal) Bill 2012 Endnotes ENDNOTES By Authority. Government Printer for the State of Victoria. 571295B.I-27/3/2012 16 BILL LA INTRODUCTION 27/3/2012

 


 

 


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