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CLAUSE NOTES Health Practitioner Regulation National Law (Tasmania) (Consequential Amendments) Bill 2010 Clause 1 Short Title Clause 2 The Act will commence on a day or days to be proclaimed. Clause 3 This clause provides that any regulations, rules or by-laws that are amended by this Act may be amended or rescinded by a subsequent regulation, rule or by-law Clause 4 This clause provides that the legislation set out in Schedule 1 is amended as specified in the Schedule. Clause 5 This clause provides that the Act is repealed on the 90th day after all the provisions of the Act commence. Schedule 1 Consequential amendments The Schedule sets out the 75 Acts and regulations that are amended. See attached list for the titles of all Acts and regulations amended in the Schedule. Most of the amendments relate to the definitions and terminology of the various health practitioners. The following three Acts have specific amendments in response to the National Law. Acts Interpretation New definitions of "medical practitioner", "registered nurse" Act 1931 and "enrolled nurse" are inserted in the Acts Interpretation Act. As a result these terms are not defined in other Acts. Hence any definitions in those Acts are omitted by these consequential amendments. Annulled The National Law provides that the relevant annulled Convictions Act convictions Acts in the participating jurisdictions do not apply to 2003 health practitioners' police checks. The amendment to the Annulled Convictions Act confirms that such checks are non-exempt applications under that Act. Health Complaints The National Law sets out the relationship between the Act 1995 National Boards and the Health Complaints Commissioner and the process for deciding which entity will deal with a complaint or notification about a health practitioner. The amendments to the Health Complaints Act complement the changes brought about by the National Law. Page 1 of 3
LIST OF LEGISLATION AMENDED IN SCHEDULE 1 Acts Interpretation Act 1931 Forensic Procedures Act 2000 Adoption Act 1988 Freedom of Information Act 1991 Adoption Regulations 2006 Guardianship and Administration Act 1995 Agricultural and Veterinary Chemicals Guardianship and Administration Regulations (Control of Use) Act 1995 2007 Alcohol and Drug Dependency Act 1968 Health (Fees) Regulations 2007 Ambulance Service (Fees) Regulations 2001 Health Complaints Act 1995 Annulled Convictions Act 2003 Health Professionals (Special Events Exemption) Act 1998 Births, Deaths and Marriages Registration Act 1999 Health Services Act 1960 Blood Transfusion (Limitation of Liability) Act HIV/AIDS Preventive Measures Act 1993 1986 Human Tissue Act 1985 Burial and Cremation (Cremation) Industrial Relations Act 1984 Regulations 2002 Juries Act 2003 Burial and Cremation (Handling Of Human Remains) Regulations 2005 Justices Act 1959 Children, Young Persons and Their Families Legal Profession Act 2007 Act 1997 Long Service Leave (Casual Wharf Civil Liability Act 2002 Employees) Act 1982 Conveyancing Act 2004 Long Service Leave (State Employees) Act 1994 Coroners Act 1995 Marine Safety (Misuse of Alcohol) Act 2006 Corrections Act 1997 Marine Safety (Pilotage and Navigation) Criminal Code Act 1924 Regulations 2007 Criminal Justice (Mental Impairment) Act Medical Radiation Science Professionals 1999 Registration Act 2000 Dangerous Goods (Road and Rail Transport) Mental Health Act 1996 Regulations 1998 Misuse of Drugs Act 2001 Disability Services Act 1992 Motor Accidents (Liabilities and Education Act 1994 Compensation) Act 1973 Family Violence Act 2004 Motor Accidents (Liabilities and Firearms Act 1996 Compensation) Regulations 2000 Fluoridation Act 1968 Perinatal Registry Act 1994 Page 2 of 3
Personal Information Protection Act 2004 Retirement Benefits Regulations 2005 Petroleum (Submerged Lands) (Management Right to Information Act 2009 of Safety on Offshore Facilities) Regulations Road Rules 2009 2008 Road Safety (Alcohol and Drugs) Act 1970 Petroleum (Submerged Lands) (Occupational Health and Safety) Regulations 2008 State Service Regulations 2001 Pharmacists Registration Act 2001 Status of Children (Parentage Testing) Regulations 2007 Poisons Act 1971 Therapeutic Goods Act 2001 Poisons List Order 2001 Traffic Act 1925 Poisons Regulations 2008 Vehicle and Traffic Act 1999 Police Service Act 2003 Workers' (Occupational Diseases) Relief Fund Police Service Regulations 2003 Act 1954 Public Health Act 1997 Workers Rehabilitation and Compensation Public Trustee Act 1930 Act 1988 Radiation Protection Regulations 2006 Workplace Health and Safety Regulations 1998 Rail Safety Regulations 1999 Youth Justice Act 1997 Retirement Benefits (Parliamentary Superannuation) Regulations 2002 Page 3 of 3