HEALTH LEGISLATION AMENDMENT BILL 2009 Explanatory Statement

This clause repeals Part 9 of the Drugs of Dependence Act 1989 which deals with assessment and treatment orders, treatment assessment panels and approval of treatment centres.

It is intended that all matters relating to the treatment of drug and alcohol dependencies as prescribed under Part 9 of the Drugs of Dependence Act 1989 be assumed or consolidated under Part 6.2 of the Crimes (Sentencing) Act 2005, which deals with good behaviour orders.

Where ‘treatment’ and all matters relating to ‘treatment’ are referred to in the Drugs of Dependence Act 1989, these references are now intended to be read consistently with rehabilitation programs (however named) as envisioned by section 93 of the Crimes (Sentencing) Act 2005 and relevant Regulations.

It is the intention of the legislature that there should be a consolidated legislative authority to handle the rehabilitation of individuals captured within the criminal justice system as a result, either in whole or in part, of alcohol and/or drug dependencies. For this reason, there should not be duplication or repetition of laws, or inconsistencies in approach between two separate pieces of legislation dealing with the same or similar subject matters.

As such, to avoid confusion and unnecessary complication, it is the intention of the legislature that the treatment scheme under the Drugs of Dependence Act 1989 be replaced entirely by the good behaviour orders scheme as envisioned in ACT crimes legislation, despite any residual appearance or implication that may be derived from the Drugs of Dependence Act 1989.

Division 11.2

This clause repeals Division 11.2 dealing with inspections of treatment centres which will become redundant following the commencement of Clause 4.

Clause 6 Notification and review of decisions
Part 12

This clause repeals Part 12 dealing with the review of decisions relating to the approval of treatment centres which will become redundant following the commencement of Clause 4.

Clause 7 Secrecy
Section 201 (1)

The clause removes reference to ‘a treatment centre inspector’ from section 201(1) which will become redundant following the commencement of
Clause 4.

Clause 8 Section 201(3)(a)

This clause removes paragraph 201(3)(a) regarding the disclosure of information to a treatment centre which will become redundant following the commencement of Clause 4.

Clause 9 Reviewable decisions
Schedule 1

This clause repeals Schedule 1 outlining reviewable decisions relating to the approval of treatment centres to remain consistent with Clause 6.

Clause 10 Dictionary

This clause removes definitions from the dictionary to remain consistent with Clause 4.

Part 3 Health Records (Privacy and
Access) Act 1997

Clause 11 Legislation amended—pt 3

This clause identifies the second Act to be amended, namely the Health Records (Privacy and Access) Act 1997.

Clause 12 The privacy principles
Schedule 1, principle 4.1, new clause 3(c)

This clause adds a new paragraph 3(c) to principle 4.1. It is the intention of the legislature that where an electronic copy of a health record has been generated in accordance with the Electronic Transactions Act 2001 and has been done so to continue the life of a physical copy and/or original, then the physical copy and/or original can be destroyed without attracting sanction. The word ‘physical’ is intended to be read broadly, and may, but is not limited to the inclusion of x-rays, photographs, paper medical notes, assessments and histories, prescription forms etc. An alternative intention to generate an electronic copy of a health record other than to continue the life of a physical copy and/or original does not exclude the generation from the intended operation of this clause.

Schedule 1 Consequential amendments

Part 1.1 Children and Young People
Act 2008

[1.1] Dictionary, definition of drug of dependence

The clause corrects a previous referencing error to the definition of drug of dependence.

[1.2] Rule 4700, definition of sentence, example 3

This clause removes example 3 of Rule 4700 referring to treatment orders under the Drugs of Dependence Act 1989 which will become incorrect following the commencement of Clause 4.

[1.3] Rule 5000, definition of sentence, example 3

This clause removes example 3 of Rule 5000 referring to treatment orders under the Drugs of Dependence Act 1989 for the same reason as stated in Clause [1.2].

Part 1.3 Crimes Sentencing Act 2005

[1.4] Section 13(3)(g), note 1

This clause removes note 1 from paragraph 13(3)(g) referring to treatment orders under the Drugs of Dependence Act 1989 for the same reason as stated in Clause [1.2].

[1.5] Section 29(1)(i)

This clause removes paragraph 29(1)(i) referring to treatment orders under the Drugs of Dependence Act 1989 for the same reason as stated in
Clause [1.2].

Australian Capital Territory Bills Explanatory Statements

HEALTH LEGISLATION AMENDMENT BILL 2009

OVERVIEW

Clause 1 Name of Act

Clause 2 Commencement

Clause 3 Legislation amended—part 2

Clause 4 Treatment
Part 9

Clause 5 Inspection

Australian Capital Territory Bills Explanatory Statements