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Pathology Services Accreditation (Amendment)
Bill
Circulation Print
EXPLANATORY MEMORANDUM
General
The purpose of this Bill is to amend the Pathology Services Accreditation
Act 1984 ("the Act") to enable the Pathology Services Accreditation Board
("the Board") to impose limitations or restrictions including limitations or
restrictions about the type of pathology testing that may be carried out by an
accredited pathology service.
Clause Notes
Clause 1 sets out the purpose of the Bill.
Clause 2 states the date of commencement of the Bill is the day after
Royal Assent.
Clause 3 inserts a new definition in section 3(1) of the Act of "accredited
pathology service" which includes a pathology service that is
deemed to be accredited.
Clause 4 inserts a new paragraph in section 11(1) of the Act to provide that
any limitation or restriction imposed on the accreditation of a
pathology service is recorded on the Register.
Clause 5 amends section 12 of the Act to provide that a certificate
purporting to be signed by the Registrar about the limitations or
restrictions imposed on the accreditation of a pathology service,
or the absence of such limitations and restrictions, is prima facie
evidence of the facts stated in the certificate.
Clause 6 Inserts a new section 17A which--
· empowers the Board to impose limitations or
restrictions on the types of tests that a pathology service
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can perform when either granting, deeming or renewing
the accreditation of the service under the Act
· outlines the procedure to be followed by the Board
when imposing limitations or restrictions.
Clause 7 amends section 18 of the Act to provide that if in the opinion of
the Board a serious breach of a limitation or restriction could be a
serious risk to the public health the Board may suspend or cancel
the accreditation of a pathology service.
Clause 8 amends section 26 of the Act to allow appeals by the proprietor
of an accredited pathology service against a decision of the Board
to impose limitations and restriction on the accreditation of the
service.
Clause 9 amends section 27 of the Act to provide that where the Board has
imposed limitations or restrictions on the accreditation of a
pathology service the proprietor must surrender to the Board the
current accreditation certificate issued by the Board.
Clause 10 amends section 30(1) of the Act to provide that a person who in
an accredited pathology service performs a test which it is not
permitted to perform due to a limitation or restriction placed on
its accreditation is not entitled to recover in any court any fee or
charge for or in relation to the performance of the test.
Clause 11 amends section 32 of the Act to provide that--
· if the Board is of the opinion that a limitation or
restriction on an accredited pathology service is not
being complied with, the Board may direct the
proprietor to comply.
· if the proprietor does not comply, the Board may
impose further limitations or restrictions.
Clause 12 amends sections 33(1) and (2) (dealing with the effect of
suspension or cancellation of registrations) and section 34
(dealing with offences concerning fraud) of the Act to provide
that these sections apply to both the accreditation and deemed
accreditation of a pathology service.
Clause 13 increases the penalties in sections 20, 21, 34, 35 and 36 of the
Act from a maximum 20 penalty units to a maximum of
60 penalty units.
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This clause repeals section 37 of the Act which provided for a
general offence and penalty provision which is no longer
necessary because of the specific offence provisions.
Clause 14 amends section 35 of the Act to provide that it is an offence for a
person to perform or caused to be performed, other than in an
accredited pathology service, any test unless that test is permitted
by or under the Act to be performed outside an accredited
pathology service.
Clause 15 amends section 36 of the Act to provide that it is an offence for a
person in an accredited pathology service to perform a test that is
not permitted to be performed in that service because of a
limitation or restriction on its accreditation. The maximum
penalty for the offence is 60 penalty units.
Clause 16 inserts a transitional provision to provide that the Board may
impose any limitation or restriction on an accreditation or
deemed accreditation existing at the commencement of the Bill.
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