Victorian Numbered Acts

HEALTH LEGISLATION (MISCELLANEOUS AMENDMENTS) ACT 2005 (NO 42 OF 2005) - SECT 33

    (1)     In section 3 of the Optometrists Registration Act 1996 insert the following definition—

' "professional indemnity insurance" includes insurance against civil liability in connection with the provision of optometry services by a registered optometrist and an agreement or arrangement for discretionary indemnity in respect of that liability;'.

    (2)     After section 7(2)(g) of the Optometrists Registration Act 1996 insert —

    "(ga)     that, in the opinion of the Board, the optometrist does not have adequate arrangements for professional indemnity insurance that meet the minimum terms and conditions set out in the guidelines of the Board;".

    (3)     After section 7(3) of the Optometrists Registration Act 1996 insert —

    "(3A)     Without limiting the Board's powers under sub-section (3), it may impose a condition—

        (a)     that—

              (i)     the optometrist must hold professional indemnity insurance; or

              (ii)     the optometry services provided by the optometrist must be covered by professional indemnity insurance; or

              (iii)     the optometrist must be specified or referred to in professional indemnity insurance, whether by name or otherwise, as a person to whom the professional indemnity insurance extends even though the optometrist is not a party to the professional indemnity insurance; and

        (b)     that the professional indemnity insurance must meet the minimum terms and conditions set out in the guidelines of the Board.

    (3B)     If the applicant's arrangements satisfy the minimum terms and conditions set out in the guidelines of the Board, the Board must not—

        (a)     refuse to grant registration on the basis that the optometrist's arrangements for professional indemnity insurance are in the form of insurance or a discretionary indemnity; or

        (b)     impose a condition on the registration of an optometrist to require that the optometrist's arrangements for professional indemnity insurance must be in the form of insurance or a discretionary indemnity.".

    (4)     In section 7(4) of the Optometrists Registration Act 1996 after "(3)" insert "or (3A)".

    (5)         After section 8(1)(b) of the Optometrists Registration Act 1996 insert —

    "(ba)     if the Board is satisfied that, in order to meet an identified need for an optometrist, it is necessary for a person having qualifications and training in the nature of the applicant's to practise as an optometrist in Victoria; or".