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Health Professions Registration
(Repeal) Bill 2012
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
PART 1--PRELIMINARY
Clause 1 sets out the main purpose of the Bill, which is to repeal the
Health Professions Registration Act 2005.
Until 1 July 2012 the Health Professions Registration Act 2005
and the boards formed under it regulate the professions of
Chinese medicine and medical radiation practice. As of that date,
those professions will be regulated under the Health Practitioner
Regulation National Law and there will be no further role for the
Health Professions Registration Act 2005. The Bill repeals the
Health Professions Registration Act 2005, abolishes the boards
operating under it and replaces references to the repealed Act and
abolished boards in other Victorian Acts with references to the
Health Practitioner Regulation National Law and the National
Boards formed under it.
Clause 1 further sets out the other purpose of the Bill to make
minor and consequential amendments required as a result of the
repeal of the Health Professions Registration Act 2005 and on
the regulation of the professions of occupational therapy and
Aboriginal and Torres Strait Islander health practice under the
Health Practitioner Regulation National Law on 1 July 2012.
Clause 2 is the commencement provision.
The Bill will come into operation on 1 July 2012.
571295 1 BILL LA INTRODUCTION 27/3/2012
PART 2--REPEAL OF HEALTH PROFESSIONS
REGISTRATION ACT 2005 AND TRANSITIONAL
PROVISIONS
Clause 3 repeals the Health Professions Registration Act 2005.
Clause 4 abolishes the Chinese Medicine Registration Board of Victoria
and the Medical Radiation Practitioners Board of Victoria that
until 1 July 2012 operate under the Health Professions
Registration Act 2005. On the abolition of the boards the
members go out of office.
Clause 5 makes provision for the Chinese Medicine Registration Board of
Victoria and the Medical Radiation Practitioners Board of
Victoria despite having been abolished to continue in operation
for the sole purpose of preparing an annual report under the
Financial Management Act 1994 for the financial year ending
30 June 2012.
PART 3--CONSEQUENTIAL AMENDMENTS
Division 1--Amendment of the Abortion Law Reform Act 2008
Clause 6 removes references to the Health Professions Registration Act
2005 in the definition of registered health practitioner and
regulated health profession in the Abortion Law Reform Act
2008.
Division 2--Amendment of the Accident Compensation Act 1985
Clause 7 Section 249BA(4) of the Accident Compensation Act 1985
contains a definition of a relevant body for the purposes of that
section which deals with the standard of professional services
provided under that Act. The relevant body in relation to
professional services provided by a health practitioner is the
registration board. This clause replaces the reference in the
definition to "a responsible board within the meaning of the
Health Professions Registration Act 2005" (the boards
abolished by clause 4) with a reference to "a National Board
within the meaning of the Health Practitioner Regulation
National Law".
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Clause 8 Schedule 6 of the Accident Compensation Act 1985 contains a
list of persons to whom documents or information may be
provided. The reference in item 17 to "a responsible board
within the meaning of the Health Professions Registration Act
2005" has been replaced with a reference to "a National Board
within the meaning of the Health Practitioner Regulation
National Law".
Division 3--Amendment of the Drugs, Poisons and Controlled
Substances Act 1981
Clause 9 amends section 4 (1) of the Drugs, Poisons and Controlled
Substances Act 1981 to define Chinese medicine practitioners,
including herbal dispensers, with reference to the Health
Practitioner Regulation National Law instead of the Health
Professions Registration Act 2005.
Clause 10 amends section 7 of the Drugs, Poisons and Controlled
Substances Act 1981 to remove a reference to the Health
Professions Registration Act 2005.
Clause 11 amends section 12A(1)(a) of the Drugs, Poisons and
Controlled Substances Act 1981 to replace a reference to the
Chinese Medicine Board of Victoria with a reference to the
Chinese Medicine Board of Australia, and a reference to the
Health Professions Registration Act 2005 with a reference to
the Health Practitioner Regulation National Law.
Clause 12 amends section 13 of the Drugs, Poisons and Controlled
Substances Act 1981 to replace references to the endorsement of
the registration of a Chinese medicine practitioner and Chinese
herbal dispenser under the Health Professions Registration Act
2005 with references to endorsement under section 94 of the
Health Practitioner Regulation National Law.
Clause 13 amends section 14(2) of the Drugs, Poisons and Controlled
Substances Act 1981 to replace a reference to the Chinese
Medicine Board of Victoria with a reference to the Chinese
Medicine Board of Australia, and a reference to the Health
Professions Registration Act 2005 with a reference to the
Health Practitioner Regulation National Law.
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Clause 14 omits a reference in section 14A(3) of the Drugs, Poisons and
Controlled Substances Act 1981 to "a responsible board
continued or established under the Health Professions
Registration Act 2005" that is no longer relevant to the
Minister's power to approve prescribing rights or the supply of
poisons.
Clause 15 replaces a reference in section 27A(4) of the Drugs, Poisons and
Controlled Substances Act 1981 to the Health Professions
Registration Act 2005 with a reference to the Health Practitioner
Regulation National Law that ensures offences concerning
labelling and other matters do not apply to a Schedule 1 poison
sold or supplied by Chinese medicine practitioners.
Clause 16 removes a reference to the Health Professions Registration Act
2005 from section 130(b) of the Drugs, Poisons and Controlled
Substances Act 1981 that is no longer relevant to the regulation
making power.
Division 4--Amendment of the Education and Training Reform
Act 2006
Clause 17 removes a reference to the Health Professions Registration Act
2005 from the definition of a registered health practitioner in
section 2.6.35A of the Education and Training Reform Act
2006.
Clause 18 removes a reference to "a health practitioner registered under the
Health Professions Registration Act 2005" in section
2.6.41E(3)(d) of the Education and Training Reform Act 2006
that is no longer relevant to a medical panel hearing.
Division 5--Amendment of the Health Practitioners (Special
Events Exemption) Act 1999
Clause 19 removes a reference to the Health Professions Registration Act
2005 in the definition of health registration Act in the Health
Practitioners (Special Events Exemption) Act 1999.
Clause 20 removes a reference to the Health Professions Registration Act
2005 in section 16(2) of the Health Practitioners (Special
Events Exemption) Act 1999 that is no longer relevant to the
meaning of a pharmacist within the provision.
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Division 6--Amendment of the Health Services (Conciliation and
Review) Act 1987
Clause 21 removes the names of the abolished registration boards from the
Schedule to the Health Services (Conciliation and Review) Act
1987 by substituting a new Schedule. The definition of
registration board in section 3 of the Act refers to the bodies in
the Schedule.
Division 7--Amendment of the Public Health and Wellbeing
Act 2008
Clause 22 removes a reference to the Health Professions Registration Act
2005 from the definition of registered health practitioner in the
Public Health and Wellbeing Act 2008.
Division 8--Amendment of the Radiation Act 2005
Clause 23 amends the definition of relevant practitioner registration board
in section 44(2) of the Radiation Act 2005 to replace the
reference to a registration board under the Health Professions
Registration Act 2005 with a reference to a National Board
under the Health Practitioner Regulation National Law. This is
for the purpose of identifying who may be able to provide
information to the Secretary regarding an applicant for a licence
to use a radiation source.
Clause 24 amends the definition of relevant practitioner registration board
in section 60(5) of the Radiation Act 2005 to replace the
reference to a registration board under the Health Professions
Registration Act 2005 with a reference to a National Board
under the Health Practitioner Regulation National Law. This is
for the purpose of identifying who should be notified by the
Secretary of the cancellation of an authority under the Act.
Clause 25 removes a reference to "a responsible board under the Health
Professions Registration Act 2005" from section 136(1)(b) of
the Radiation Act 2005, which lists agencies to whom the
Secretary may disclose information.
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Division 9--Amendment of the Summary Offences Act 1966
Clause 26 amends Division 6 of the Summary Offences Act regulating
body piercing. Currently there is an exemption in section 43A so
that the offence provisions do not apply to "body piercing
performed in good faith in the course of a registered health
service provided by a registered health practitioner".
Subclause (1) substitutes the definition of registered health
practitioner in section 43(1) to remove the reference to the
Health Professions Registration Act 2005.
Subclause (2) substitutes the definition of registered student in
section 43(1) to remove the reference to the Health Professions
Registration Act 2005.
Subclause (3) amends the definition of regulated health service
in section 43(1) to omit the reference to "a responsible board
under the Health Professions Registration Act 2005".
Division 10--Amendment of the Transport Accident Act 1986
Clause 27 In section 3(1) of the Transport Accident Act 1986 there is a
definition of medical service that includes the provision of
acupuncture. Paragraph (ba) describes who is registered to
provide acupuncture as a medical service. This clause amends
the existing paragraph (ba) to describe those practitioners
registered to provide acupuncture as of 1 July 2012 under the
Health Practitioner Regulation National Law.
Division 11--Amendment of the Victorian Civil and
Administrative Tribunal Act 1998
Clause 28 The Health Practitioner Regulation National Law contains
transitional provisions in section 289 and 294 that provide for
complaints and notifications received and commenced prior to
1 July 2012 to continue to be dealt with under the Health
Professions Registration Act 2005 although it will be repealed.
Part 5A of Schedule 1 to the Victorian Civil and
Administrative Tribunal Act 1998 provides for the constitution
of the Tribunal for the purposes of making a final determination
under Part 4 of the Health Professions Registration Act 2005.
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This clause amends clause 11A in Part 5A of Schedule 1 so the
requirements for the constitution of the tribunal making a
determination under the repealed Part 4 of the Health
Professions Registration Act 2005 continue to apply to a
complaint or notification received prior to 1 July 2012 despite
that repeal.
Division 12--Amendment of the Working with Children Act 2005
Clause 29 Section 14(1)(a) of the Working with Children Act 2005
specifies a list of persons in relation to whom an application is a
category 3 application for the purposes of the Act.
The list includes a person who has at any time been subject to a
determination by the Victorian Civil and Administrative
Tribunal under sections 77(4)(g) or (h) and 77(5)(e) or (f) of the
Health Professions Registration Act 2005. A determination
under those sections suspends or cancels the registration of a
health practitioner or a registered student.
Clause 29(a) amends section 14(1)(a)(ii) to provide that an
application with regard to a person who has been subject to such
a determination continues to be a Category 3 application after the
Health Professions Registration Act 2005 is repealed.
Clause 29(b) adds to the list a person who has at any time been
made subject to a similar determination under the equivalent
sections 196(2)(d) or (e) and section 197(2)(b) of the Health
Practitioner National Law. It includes a determination to suspend
or cancel a practitioner's or a student's registration made by the
responsible tribunal in Victoria or in another jurisdiction.
Division 13--Amendment of the Wrongs Act 1958
Clause 30 Section 28LB of the Wrongs Act 1958 contains a definition of
registered health practitioner. This relates to section 28LB
which provides that a registered health practitioner who has
examined the claimant must meet with a Medical Panel and
provide documents on request in the circumstances specified in
the section.
Subclause (1) inserts a new category of registered health
practitioner into the definition, namely occupational therapists.
Prior to 1 July 2012 occupational therapy was not a regulated
profession. After that date, occupational therapy is a regulated
health profession under the Health Practitioner Regulation
National Law.
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There are three Divisions in the Register of Chinese Medicine
Practitioners under the Health Practitioner Regulation National
Law. Subclause (2) identifies the Chinese medicine practitioners
who may have examined a claimant and be requested to attend
before a Medical Panel. It does not include practitioners
registered in the Division of Chinese herbal dispensers.
PART 4--REPEAL OF ACT
Clause 31 provides for the repeal of this Act. This repeal does not affect the
continuing operation of the repeal or the amendments made by
this Act (see section 15(1) of the Interpretation of Legislation
Act 1984).
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