2004
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Health)

Health Professionals Legislation Amendment Bill 2004

Contents
	Page
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended or repealed	3
Schedule 1	General health profession amendments	4
Part 1.1	Community and Health Services Complaints Act 1993	4
Part 1.2	Electoral Act 1992	9
Part 1.3	Health Act 1993	9
Part 1.4	Health Professions Boards (Elections) Act 1980	11
Part 1.5	Health Professions Boards (Procedures) Act 1981	15
Part 1.6	Health Professionals (Special Events Exemptions) Act 2000	18
Part 1.7	Medical Treatment Act 1994	20
Part 1.8	Public Health Act 1997	20
Part 1.9	Victims of Crime Regulations 2000	22
Part 1.10	Workers Compensation Act 1951	24
Part 1.11	Workers Compensation Regulations 2002	26
Schedule 2	Chiropractors and osteopaths	29
Part 2.1	Repeal of legislation consequential on repeal of Chiropractors and Osteopaths Act 1983	29
Schedule 3	Dental technicians and dental prosthetists	30
Part 3.1	Legislation Act 2001	30
Part 3.2	Podiatrists Act 1994	30
Part 3.3	Psychologists Act 1994	31
Part 3.4	Repeal of legislation consequential on repeal of Dental Technicians and Dental Prosthetists Act 1988	31
Schedule 4	Dentists	32
Part 4.1	Dental Technicians and Dental Prosthetists Registration Act 1988	32
Part 4.2	Drugs of Dependence Act 1989	32
Part 4.3	Legislation Act 2001	32
Part 4.4	Periodic Detention Act 1995	33
Part 4.5	Pharmacy Act 1931	33
Part 4.6	Repeal of legislation consequential on repeal of Dentists Act 1931	33
Schedule 5	Medical practitioners	34
Part 5.1	Birth (Equality of Status) Act 1988	34
Part 5.2	Births, Deaths and Marriages Registration Act 1997	34
Part 5.3	Boxing Control Act 1993	34
Part 5.4	Chiropractors and Osteopaths Act 1983	35
Part 5.5	Coroners Act 1997	35
Part 5.6	Dentists Act 1931	35
Part 5.7	Drugs of Dependence Act 1989	35
Part 5.8	Health Records (Privacy and Access) Act 1997	36
Part 5.9	Legislation Act 2001	36
Part 5.10	Long Service Leave (Building and Construction Industry) Act 1981	37
Part 5.11	Medical Services (Fees) Act 1984	38
Part 5.12	Optometrists Act 1956	38
Part 5.13	Periodic Detention Act 1995	38
Part 5.14	Pharmacy Act 1931	38
Part 5.15	Physiotherapists Act 1931	39
Part 5.16	Podiatrists Act 1994	39
Part 5.17	Public Sector Management Act 1994	39
Part 5.18	Radiation Act 1983	40
Part 5.19	Remand Centres Act 1976	40
Part 5.20	Sexually Transmitted Diseases Act 1956	40
Part 5.21	Trans-Tasman Mutual Recognition Act 1997	41
Part 5.22	Tuberculosis Act 1950	41
Part 5.23	Repeal of legislation consequential on repeal of Medical Practitioners Act 1930	41
Schedule 6	Nurses	43
Part 6.1	Birth (Equality of Status) Act 1988	43
Part 6.2	Children and Young People Act 1999	43
Part 6.3	Crimes Act 1900	44
Part 6.4	Drugs of Dependence Act 1989	44
Part 6.5	Juries Act 1967	44
Part 6.6	Legislation Act 2001	45
Part 6.7	Mental Health (Treatment and Care) Act 1994	46
Part 6.8	Periodic Detention Act 1995	46
Part 6.9	Physiotherapists Act 1977	46
Part 6.10	Transplantation and Anatomy Act 1978	47
Part 6.11	Repeal of legislation consequential on repeal of Nurses Act 1988	47
Schedule 7	Optometrists	49
Part 7.1	Repeal of legislation consequential on repeal of Optometrists Act 1956	49
Schedule 8	Pharmacists	50
Part 8.1	Drugs of Dependence Act 1989	50
Part 8.2	Legislation Act 2001	50
Part 8.3	Repeal of legislation consequential on repeal of Pharmacy Act 1931	50
Schedule 9	Physiotherapists	52
Part 9.1	Chiropractors and Osteopaths Act 1983	52
Part 9.2	Podiatrists Act 1994	52
Part 9.3	Repeal of legislation consequential on repeal of Physiotherapists Act 1977	52
Schedule 10	Podiatrists	53
Part 10.1	Poisons Act 1933	53
Part 10.2	Repeal of legislation consequential on repeal of Podiatrists Act 1994	53
Schedule 11	Psychologists	54
Part 11.1	Victims of Crime (Financial Assistance) Act 1983	54
Part 11.2	Repeal of legislation consequential on repeal of Psychologists Act 1994	54
Schedule 12	Miscellaneous	55
Part 12.1	Veterinary Surgeons Act 1965	55
Part 12.2	Repeal of legislation consequential on repeal of Health Professions Boards (Elections) Act 1980	55

2004
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Health)

Health Professionals Legislation Amendment Bill 2004

A Bill for
An Act to amend various laws about health professionals, and for other purposes

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1	Name of Act
This Act is the Health Professionals Legislation Amendment Bill 2004.
2	Commencement
	(1)	A schedule mentioned in table 2, column 2 commences on the day the provision of the Health Professionals Act 2004 mentioned in column 3 commences.
Table 2	Commencements
column 1
item	column 2
schedule	column 3	
1	sch 2 (Chiropractors and osteopaths)	s 136 (a)	
2	sch 3 (Dental technicians and dental prosthetists)	s 136 (b)	
3	sch 4 (Dentists)	s 136 (c)	
4	sch 5 (Medical Practitioners)	s 136 (f)	
5	sch 6 (Nurses)	s 136 (g)	
6	sch 7 (Optometrists)	s 136 (h)	
7	sch 8 (Pharmacists)	s 136 (i)	
8	sch 9 (Physiotherapists)	s 136 (j)	
9	sch 10 (Podiatrists)	s 136 (k)	
10	sch 11 (Psychologists)	s 136 (l)	
Note	The Health Professionals Act 2004, s 136 is as follows:
136	Repeals
The following Acts are repealed:
	(a)	Chiropractors and Osteopaths Act 1983 A1983-28
	(b)	Dental Technicians and Dental Prosthetists Registration Act 1988 A1988-85
	(c)	Dentists Act 1931 A1931-8
	(d)	Health Professions Boards (Elections) Act 1980 A1980-45
	(e)	Health Professions Boards (Procedures) Act 1981 A1981-46
	(f)	Medical Practitioners Act 1930 A1930-13
	(g)	Nurses Act 1988 A1988-61
	(h)	Optometrists Act 1956 A1956-4
	(i)	Pharmacy Act 1931 A1931-10
	(j)	Physiotherapists Act 1977 A1977-60
	(k)	Podiatrists Act 1994 A1994-82
	(l)	Psychologists Act 1994 A1994-87.
	(2)	Schedule 12 commences on the day the Health Professionals Act 2004, section 136 expires.
	(3)	The remainder of the Act commences on the day the Health Professionals Act 2004, section 3 commences.
Note 	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended or repealed
This Act amends or repeals the legislation mentioned in the schedules.

Schedule 1	General health profession amendments
(see s 3)
Part 1.1	Community and Health Services Complaints Act 1993
[1.1]	Section 3
omit everything after paragraph (c), substitute
	(d)	to encourage an awareness of the rights and responsibilities of users and providers of community services and health services; and
	(e)	to assist in the maintenance of minimum standards of health services by the investigation and resolution of complaints about registered health professionals;
	(f)	to ensure that health services and community services are provided by people who are suitable and able to provide them.
[1.2]	Section 4 (1), definition of board
substitute
board means a health profession board under the Health Professionals Act 2004.
[1.3]	Section 4 (1), definitions of registered provider and relevant board
substitute
registered provider means a provider registered under the Health Professionals Act 2004.
relevant board—see the Health Professionals Act 2004, section 19 (1), definition of relevant health profession board.
[1.4]	Section 4 (1)
insert
HPA report means a report made under the Health Professionals Act 2004, section 81 (How must report be made?).
[1.5]	Section 9
insert
	(ka)	to assist health professional boards by investigating matters that need to be investigated, including an HPA report;
[1.6]	Section 9
renumber paragraphs when Act next republished under Legislation Act
[1.7]	Section 11 (3) and (5)
omit
[1.8]	New section 22A
in division 3.1, insert
22A	HPA reports
For this Act—
	(a)	an HPA report is taken to be a complaint made under this division; and
	(b)	a person who makes an HPA report is taken to be a person mentioned in section 21 (Who may complain).
[1.9]	New section 31A
in part 3, insert
31A	HPA report complaints
	(1)	This section applies to a complaint—
	(a)	that is an HPA report in relation to which a health profession board is required to consult the commissioner; or
	(b)	that suggests to the commissioner that a registered health professional may not be satisfying the suitability to practise requirements, or meeting the required standard of practice, under the Health Professionals Act 2004.
	(2)	The commissioner must consult the health profession board in relation to the complaint and try to make any decision allowed or required to be made about the matter jointly with the health profession board.
	(3)	If the commissioner and the health profession board cannot agree about what to do about the complaint, the Health Professionals Act 2004, section 86 (2) and (3) applies to the complaint.
	(4)	If the commissioner makes an assessment of the complaint, the commissioner must tell the health profession board in writing about the results of the assessment.
[1.10]	New section 51 (1A)
insert
	(1A)	However, the commissioner must not prepare a report in relation to a complaint that is an HPA report during an investigation unless the commissioner has consulted the relevant board.
Note	The commissioner cannot complete an investigation into a complaint that is an HPA report without consulting the relevant board (see s 31A (2)).
[1.11]	New section 51 (5)
insert
	(5)	A report prepared under this section in relation to a complaint that is an HPA report must reflect the action required to be taken in relation to the complaint under the Health Professionals Act 2004, section 86 (2) and (3).
[1.12]	Section 60
substitute
Note	See Health Professionals Act 2004, s 116 for the role of the commissioner in a standards inquiry under that Act.
[1.13]	New part 10
insert
Part 10	Modifications of Act
83	Application of pt 10
This part modifies this Act.
84	Section 4 (1), new definition of old board
insert
old board—
	(a)	means a board mentioned in the definition of board as in force immediately before the commencement of part 10; but
	(b)	does not include a board that has ceased to exist.
Note	Board was defined to mean each of the following boards:
·	the chiropractic board
·	the dental board
·	the dental technicians and dental prosthetists board
·	the medical board
·	the nurses board
·	the optometrists board
·	the pharmacy board
·	the physiotherapists board
·	the podiatrists board
·	the psychologists board.
85	Section 4 (1), definition of board
substitute
board—
	(a)	means a health profession board under the Health Professionals Act 2004; and
	(b)	includes an old board.
86	Section 4 (1), definitions of registered provider and relevant board
substitute
registered provider—
	(a)	means a provider registered under the Health Professionals Act 2004; and
	(b)	includes a provider registered by an old board.
relevant board, in relation to a registered provider—
	(a)	see the Health Professionals Act 2004, section 19 (1), definition of relevant health profession board; and
	(b)	includes a provider registered by an old board.
87	Expiry of pt 10
This part expires on the day the Health Professionals Act 2004, section 136 (Repeals) expires.
Part 1.2	Electoral Act 1992
[1.14]	Section 33 (1)
after
Act
insert
, or any other Act under which the commissioner exercises a function
Part 1.3	Health Act 1993
[1.15]	New part 8
insert
Part 8	Transitional
Division 8.1	Modification of Act
39	Application of div 8.1
This division modifies this Act.
40	Dictionary, definition of health service provider
substitute
health service provider—
	(a)	means a person who provides health services at a health facility or uses the equipment or other facilities of a health facility for the purpose of providing health services elsewhere; and
	(b)	includes the following people:
	(i)	a person registered under the Health Professionals Act 2004; 
	(ii)	a person registered under the Chiropractors and Osteopaths Act 1983;
	(iii)	a person registered under the Dental Technicians and Dental Prosthetists Registration Act 1988;
	(iv)	a person registered under the Dentists Act 1931;
	(v)	a person registered under the Nurses Act 1988;
	(vi)	a person registered under the Optometrists Act 1956;
	(vii)	a person registered under the Pharmacy Act 1931;
	(viii)	a person registered under the Physiotherapists Act 1977.
Division 8.2	Health (Fees) Determination 2003‑04
41	Definitions in Health (Fees) Determination
	(1)	This section applies to the Health (Fees) Determination 2003‑04 DI2003-150.
	(2)	A reference in the determination to a medical practitioner is taken to be a reference to a person registered as a medical practitioner under the Health Professionals Act 2004.
	(3)	The reference in the determination, clause 1, definition of physiotherapy service to ‘the definition of physiotherapy in the Physiotherapists Act 1977’ is taken to be a reference to—
	(a)	the regulated health service of physiotherapy under the Health Professionals Act 2004; or
	(b)	the definition of physiotherapy under the Physiotherapists Act 1977, section 3 (1); but
	(c)	does not include the definition mentioned in paragraph (b) if the Physiotherapists Act 1977 has been repealed.
Division 8.3	Expiry
42	Expiry of pt 8
This part expires on the day the Health Professionals Act 2004, section 136 (Repeals) expires.
[1.16]	Dictionary, definition of health service provider
substitute
health service provider—
	(a)	means a person who provides health services at a health facility or uses the equipment or other facilities of a health facility for the purpose of providing health services elsewhere; and
	(b)	includes a person registered under the Health Professionals Act 2004.
Part 1.4	Health Professions Boards (Elections) Act 1980
[1.17]	Section 3, definition of board
substitute
board means 1 of the following boards, unless the board has ceased to exist:
	(a)	the chiropractors and osteopaths board;
	(b)	the dental board;
	(c)	the nurses board;
	(d)	the optometrists board;
	(e)	the pharmacy board;
	(f)	the physiotherapists board;
	(g)	the veterinary surgeons board.
[1.18]	Section 3, definition of election
substitute
election means an election held for 1 of the following Acts:
	(a)	the Chiropractors and Osteopaths Act;
	(b)	the Dentists Act;
	(c)	the Nurses Act;
	(d)	the Optometrists Act;
	(e)	the Pharmacy Act;
	(f)	the Physiotherapists Act;
	(g)	the Veterinary Surgeons Act.
Note	The Health Professionals Act 2004, s 136 repeals the Acts mentioned in pars (a) – (f).
[1.19]	Section 3, definition of prescribed Act
substitute
prescribed Act means the Chiropractors and Osteopaths Act, the Dentists Act, the Nurses Act, the Optometrists Act, the Pharmacy Act, the Physiotherapists Act or the Veterinary Surgeons Act.
Note	The Health Professionals Act 2004, s 136 repeals the Acts, other than the Veterinary Surgeons Act, mentioned in this definition.
[1.20]	Section 3, definition of register
substitute
register means each of the following registers:
	(a)	for an election held for the Chiropractors and Osteopaths Act—the register of chiropractors or the register of osteopaths kept under that Act;
	(b)	for an election held for the Dentists Act—the register of dentists kept under that Act; 
	(c)	for an election held for the Nurses Act—the register of nurses kept under that Act; 
	(d)	for an election held for the Optometrists Act—the register of optometrists kept under that Act; 
	(e)	for an election held for the Pharmacy Act—the register of pharmacists kept under that Act; 
	(f)	for an election held for the Physiotherapists Act—the register of physiotherapists kept under that Act; 
	(g)	for an election held for the Veterinary Surgeons Act—the register of veterinary surgeons kept under that Act.
Note	The Health Professionals Act 2004, s 136 repeals the Acts mentioned in pars (a) – (f).
[1.21]	Section 3, definition of registered practitioner
substitute
registered practitioner means the following:
	(a)	for an election held for the Chiropractors and Osteopaths Act—a person registered as a chiropractor or osteopath under that Act;
	(b)	for an election held for the Dentists Act—a person registered as a dentist under that Act;
	(c)	for an election held for the Nurses Act—a person registered under that Act;
	(d)	for an election held for the Optometrists Act—a person registered under that Act; 
	(e)	for an election held for the Pharmacy Act—a person registered under that Act; 
	(f)	for an election held for the Physiotherapists Act—a person registered under that Act; 
	(g)	for an election held for the Veterinary Surgeons Act—a person registered under that Act.
Note	The Health Professionals Act 2004, s 136 repeals the Acts mentioned in pars (a) – (f).
[1.22]	Section 8 (3) (c)
omit
[1.23]	Section 8 (3), new note
insert
Note	The Health Professionals Act 2004, s 136 repeals the Acts mentioned in pars (a) – (g).
[1.24]	Section 8 (3)
renumber paragraphs when Act next republished under Legislation Act
Part 1.5	Health Professions Boards (Procedures) Act 1981
[1.25]	Section 3, definition of board
substitute
board means 1 of the following boards, unless the board has ceased to exist:
	(a)	the chiropractors and osteopaths board established under the Chiropractors and Osteopaths Act;
	(b)	the dental board established under the Dentists Act;
	(c)	the nurses board established under the Nurses Act;
	(d)	the optometrists board established under the Optometrists Act;
	(e)	the pharmacy board established under the Pharmacy Act;
	(f)	the physiotherapists board established under the Physiotherapists Act;
	(g)	the podiatrists board established under the Podiatrists Act;
	(h)	the psychologists board established under the Psychologists Act;
	(i)	the veterinary surgeons board established under the Veterinary Surgeons Act.
Note	The Health Professionals Act 2004, s 136 repeals the Acts mentioned in pars (a) – (h).
[1.26]	Section 3, definition of proceeding
substitute
proceeding means the following:
	(a)	in relation to the chiropractors and osteopaths board—an inquiry by the board under the Chiropractors and Osteopaths Act, section 32;
	(b)	in relation to the dental board—an inquiry by the board under the Dentists Act, section 31;
	(c)	in relation to the nurses board—an inquiry by the board under the Nurses Act, section 66;
	(d)	in relation to the optometrists board—an inquiry by the board under the Optometrists Act, section 40;
	(e)	in relation to the pharmacy board—an inquiry by the board under the Pharmacy Act, section 41;
	(f)	in relation to the physiotherapists board—an inquiry under the Physiotherapists Act, section 30F;
	(g)	in relation to the podiatrists board—an inquiry by the board under the Podiatrists Act, section 38;
	(h)	in relation to the psychologists board—an inquiry by the board under the Psychologists Act, section 38;
	(i)	in relation to the veterinary surgeons board—an inquiry by the board under the Veterinary Surgeons Act, section 45.
Note	The Health Professionals Act 2004, s 136 repeals the Acts mentioned in pars (a) – (h).
[1.27]	Section 11 (4)
substitute
	(4)	In this section:
registered practitioner means the following:
	(a)	in relation to a member of the chiropractors and osteopaths board—a person registered as a chiropractor or osteopath under the Chiropractors and Osteopaths Act;
	(b)	in relation to a member of the dental board—a person registered as a dentist under the Dentists Act;
	(c)	in relation to a member of the nurses board—a person registered or enrolled as a nurse under the Nurses Act; 
	(d)	in relation to a member of the optometrists board—a person registered as an optometrist under the Optometrists Act; 
	(e)	in relation to a member of the pharmacy board—a person registered as a pharmacist under the Pharmacy Act; 
	(f)	relation to a member of the physiotherapists board—a person registered as a physiotherapist under the Physiotherapists Act; 
	(g)	in relation to a member of the podiatrists board—a person registered as a podiatrist under the Podiatrists Act; 
	(h)	in relation to a member of the psychologists board—a person registered as a psychologist under the Psychologists Act; 
	(i)	in relation to a member of the veterinary surgeons board—a person registered as a veterinary surgeon under the Veterinary Surgeons Act.
Note	The Health Professionals Act 2004, s 136 repeals the Acts mentioned in pars (a) – (h).
Part 1.6	Health Professionals (Special Events Exemptions) Act 2000
[1.28]	New part 1 heading
insert
Part 1	Preliminary
[1.29]	New part 2 heading
after section 4, insert
Part 2	Special events
[1.30]	Section 11 (1)
omit
a Health Registration Act
insert
the Health Professionals Act
[1.31]	New part 3 heading
after section 11, insert
Part 3	Miscellaneous
[1.32]	Section 12
omit
a Health Registration Act
insert
the Health Professionals Act
[1.33]	New part 4
insert
Part 4	Modification of Act
14	Application of pt 4
This part modifies this Act.
15	Dictionary, definition of Health Professionals Act
substitute
Health Professionals Act—
	(a)	means the Health Professionals Act 2004; and
	(b)	includes the following Acts:
	(i)	Chiropractors and Osteopaths Act 1983;
	(ii)	Dental Technicians and Dental Prosthetists Registration Act 1988;
	(iii)	Dentists Act 1931;
	(iv)	Nurses Act 1988;
	(v)	Optometrists Act 1956;
	(vi)	Pharmacy Act 1931;
	(vii)	Physiotherapists Act 1977;
	(viii)	Podiatrists Act 1994;
	(ix)	Psychologists Act 1994.
16	Expiry of pt 4
This part expires on the day the Health Professionals Act 2004, section 136 (Repeals) expires.
[1.34]	Dictionary, definition of Health Registration Act
substitute
Health Professionals Act means the Health Professionals Act 2004.
Part 1.7	Medical Treatment Act 1994
[1.35]	Section 3, definition of health professional
substitute
health professional means a doctor or nurse.
Part 1.8	Public Health Act 1997
[1.36]	Section 102 (4) (a)
omit
Medical Practitioners Act 1930, part 4 (The conduct of medical practice)
substitute
Health Professionals Act 2004
[1.37]	Section 102 (5) (a)
omit
Nurses Act 1988, section 61 (l) (Cancellation or suspension of registration or enrolment)
substitute
Health Professionals Act 2004
[1.38]	New section 139 and part 11
insert
139	References to health care professional in DI2001-187
	(1)	This section applies to the Public Health Act 1997 Determination of a Code of Practice DI2001-187.
	(2)	A reference in the code of practice under the determination to a health care professional is taken to be a reference to—
	(a)	a person registered under the Health Professionals Act 2004; or
	(b)	a person mentioned in the dictionary to the code, definition of health care professional; but
	(c)	does not include a person mentioned under paragraph (b) if the board with which the person was registered has ceased to exist.
	(3)	This section expires on the day the Health Professionals Act 2004, section 136 (Repeals) expires.
Part 11	Modification of Act
140	Application of pt 11
This part modifies this Act.
141	Section 102 (5) (a)
substitute
	(a)	is taken to be a failure to exercise adequate care in practising nursing for the Health Professionals Act 2004 or the Nurses Act 1988, section 61 (l) (Cancellation or suspension of registration or enrolment) (unless the Nurses Act 1988 is repealed); and
142	Dictionary, definition of counsellor, paragraph (a)
substitute
	(a)	a person registered as a psychologist under the Health Professionals Act 2004; or
	(ab)	a registered psychologist under the Psychologists Act 1994 (unless repealed); or
143	Expiry of pt 11
This part expires on the day the Health Professionals Act 2004, section 136 (Repeals) expires.
[1.39]	Dictionary, definition of counsellor, paragraph (a)
substitute
	(a)	a person registered as a psychologist under the Health Professionals Act 2004; or
Part 1.9	Victims of Crime Regulations 2000
[1.40]	New part 5
insert
Part 5	Modification of regulations
52	Application of pt 4
This part modifies these regulations.
53	Dictionary, definition of health professional
substitute
health professional—
	(a)	means a person registered under the Health Professionals Act 2004; and
	(b)	includes a person registered under 1 of the following Acts (unless repealed):
	(i)	Chiropractors and Osteopaths Act 1983;
	(ii)	Dental Technicians and Dental Prosthetists Registration Act 1988;
	(iii)	Dentists Act 1931;
	(iv)	Nurses Act 1988;
	(v)	Optometrists Act 1956;
	(vi)	Pharmacy Act 1931;
	(vii)	Physiotherapists Act 1977;
	(viii)	Podiatrists Act 1994;
	(ix)	Psychologists Act 1994.
54	Dictionary, definition of psychologist
substitute
psychologist means—
	(a)	a person registered as a psychologist under the Health Professionals Act 2004; and
	(b)	a person registered under the Psychologists Act 1994 (unless repealed).
55	Expiry of pt 5
This part expires on the day the Health Professionals Act 2004, section 136 (Repeals) expires.
[1.41]	Dictionary, definitions of health professional and health professions Act
substitute
health professional means a person registered under the Health Professionals Act 2004.
[1.42]	Dictionary, definition of psychologist
substitute
psychologist means a person registered as a psychologist under the Health Professionals Act 2004.
Part 1.10	Workers Compensation Act 1951
[1.43]	New chapter 17
insert
Chapter 17	Modification of Act
247	Application of ch 17
This chapter modifies this Act.
248	Dictionary, definition of chiropractor
after
Health Professionals Act 2004
insert
or the Chiropractors and Osteopaths Act 1983 (unless repealed)
249	Dictionary, definition of osteopath
after
Health Professionals Act 2004
insert
or the Chiropractors and Osteopaths Act 1983 (unless repealed)
250	Dictionary, definition of physiotherapist
after
Health Professionals Act 2004
insert
or the Physiotherapists Act 1977 (unless repealed)
251	Expiry of ch 17
This chapter expires on the day the Health Professionals Act 2004, section 136 (Repeals) expires.
[1.44]	Dictionary, definition of chiropractor
omit
Chiropractors and Osteopaths Act 1983
substitute
Health Professionals Act 2004
[1.45]	Dictionary, definition of osteopath
omit
Chiropractors and Osteopaths Act 1983
substitute
Health Professionals Act 2004
[1.46]	Dictionary, definition of physiotherapist
omit
Physiotherapists Act 1977
substitute
Health Professionals Act 2004
Part 1.11	Workers Compensation Regulations 2002
[1.47]	Regulation 22 (2), table
substitute
column 1
item	column 2
service	column 3
qualification	
1	occupational therapy	eligibility for membership of the Australian Association of Occupational Therapists	
2	physiotherapy	registration as a physiotherapist under the Health Professionals Act 2004	
3	rehabilitation counselling	eligibility for membership of the Australian Society of Rehabilitation Counsellors	
4	psychology services	registration as a psychologist under the Health Professionals Act 2004	
5	social work services	eligibility for membership of the Australian Association of Social Workers	
[1.48]	Regulation 22 (3), note
substitute
Note	For the meaning of nurse, see the Legislation Act, dict, pt 1.
[1.49]	Part 12
substitute
Part 12	Modification of regulations
101	Application of pt 12
This part modifies these regulations.
102	Regulation 22 (2), table
substitute
column 1
item	column 2
service	column 3
qualification	
1	occupational therapy	eligibility for membership of the Australian Association of Occupational Therapists	
2	physiotherapy	registration as a physiotherapist under the Health Professionals Act 2004 or the Physiotherapists Act 1977 (unless repealed)	
3	rehabilitation counselling	eligibility for membership of the Australian Society of Rehabilitation Counsellors	
4	psychology services	registration as a psychologist under the Health Professionals Act 2004 or the Psychologists Act 1994 (unless repealed)	
5	social work services	eligibility for membership of the Australian Association of Social Workers	
103	Expiry of pt 12
This part expires on the day the Health Professionals Act 2004, section 136 (Repeals) expires.
[1.50]	Schedule 4
omit

Schedule 2	Chiropractors and osteopaths
(see s 3)
Part 2.1	Repeal of legislation consequential on repeal of Chiropractors and Osteopaths Act 1983
·	Chiropractors and Osteopaths (Examination) Determination 2002 (No 1) NI2002‑326
·	Chiropractors and Osteopaths (Examination) Determination 2002 (No 2) NI2002‑327
·	Chiropractors and Osteopaths (Fees) Determination 2003 (No 1) DI2003‑241 
·	Health Professions Boards (Elections) – Election of One Member of the Chiropractors and Osteopaths Board of the Australian Capital Territory 2003 Declaration of Nominations NI2003‑115
·	Election of Two Members of the Chiropractors and Osteopaths Board of the Australian Capital Territory Declarations of Nominations and Successful Candidates NI2002‑35
·	Health Professions Boards (Elections)—Election of One Member of the Chiropractors and Osteopaths Board of the Australian Capital Territory 2003 Declaration of Successful Candidate 2003 NI2003‑171
·	Health Professions Boards (Procedures)—Chiropractors and Osteopaths Board of the ACT 2003 (No 1) DI2003‑166

Schedule 3	Dental technicians and dental prosthetists
(see s 3)
Part 3.1	Legislation Act 2001
[3.1]	Dictionary, part 1, definition of dental prosthetist
substitute
dental prosthetist means a person registered as a dental prosthetist under the Health Professionals Act 2004.
[3.2]	Dictionary, part 1, definition of dental technician
substitute
dental technician means a person registered as a dental technician under the Health Professionals Act 2004.
Part 3.2	Podiatrists Act 1994
[3.3]	Section 7 (1) (b)
omit
Dental Technicians and Dental Prosthetists Act 1988
substitute
Health Professionals Act 2004
Part 3.3	Psychologists Act 1994
[3.4]	Section 7 (1) (b) (i)
omit
Dental Technicians and Dental Prosthetists Act 1988
substitute
Health Professionals Act 2004
Part 3.4	Repeal of legislation consequential on repeal of Dental Technicians and Dental Prosthetists Act 1988
·	Dental Technicians and Dental Prosthetists—Determination of Fees 2003 (No 1) DI2003-115
·	Health Professions Boards (Procedures)—Dental Technicians and Dental Prosthetists Board of the ACT 2003 (No 1) DI2003‑43

Schedule 4	Dentists
(see s 3)
Part 4.1	Dental Technicians and Dental Prosthetists Registration Act 1988
[4.1]	Section 40 (a)
omit
registered under the Dentists Registration Act 1931
Part 4.2	Drugs of Dependence Act 1989
[4.2]	Section 3 (1), definition of dentist
omit
Part 4.3	Legislation Act 2001
[4.3]	Dictionary, part 1, definition of dentist
substitute
dentist—
	(a)	means a person unconditionally registered as a dentist under the Health Professionals Act 2004; and
	(b)	for an activity, includes a person conditionally registered as a dentist under the Health Professionals Act 2004 to the extent that the person is allowed to do the activity under the person’s conditional registration.
Part 4.4	Periodic Detention Act 1995
[4.4]	Section 3 (1), definition of dentist
omit
Part 4.5	Pharmacy Act 1931
[4.5]	Section 2 (1), definition of dentist
omit
Part 4.6	Repeal of legislation consequential on repeal of Dentists Act 1931
·	Dentists Act 1931—Determination of Fees 2002 DI2002‑100
·	Election of Three Members of the Dental Board of the Australian Capital Territory 2002 Declaration of Nominations NI2002‑159
·	Health Professions Boards (Elections) Election of Three Members of the Dental Board of the Australian Capital Territory 2002 Declaration of Successful Candidates NI2002‑219
·	Health Professions Boards (Procedures)—Dental Board of the ACT 2002 (No 1) DI2002-205

Schedule 5	Medical practitioners
(see s 2)
Part 5.1	Birth (Equality of Status) Act 1988
[5.1]	Section 3, definition of registered medical practitioner
omit
[5.2]	Section 19 (3)
omit
registered medical practitioner
substitute
doctor
Part 5.2	Births, Deaths and Marriages Registration Act 1997
[5.3]	Section 4 (1), definition of doctor
omit
[5.4]	Section 23, definition of doctor
omit
Part 5.3	Boxing Control Act 1993
[5.5]	Section 3, definition of medical practitioner
omit
Part 5.4	Chiropractors and Osteopaths Act 1983
[5.6]	Section 3 (1), definition of medical practitioner
omit
Part 5.5	Coroners Act 1997
[5.7]	Section 3 (1), definition of medical practitioner
omit
Part 5.6	Dentists Act 1931
[5.8]	Section 3, definition of registered medical practitioner
omit
[5.9]	Section 77
substitute
77	Doctor may give dental services
	(1)	A doctor may give a dental service.
	(2)	If a doctor gives a dental service, the service is taken to be a medical service for the purpose of recovering payment for the service.
Part 5.7	Drugs of Dependence Act 1989
[5.10]	Section 3 (1), definition of intern
substitute
intern means a person who is conditionally registered as a medical practitioner under the Health Professionals Act 2004 because the person would be entitled to apply for unconditional registration if the person had completed a period of supervised training that the person has started.
[5.11]	Section 3 (1), definition of medical practitioner
omit
Part 5.8	Health Records (Privacy and Access) Act 1997
[5.12]	Section 4, definition of medical board
substitute
medical board means the medical board established under the Health Professionals Act 2004.
Part 5.9	Legislation Act 2001
[5.13]	Dictionary, part 1, definition of doctor
substitute
doctor—
	(a)	means a person unconditionally registered as a medical practitioner under the Health Professionals Act 2004; and
	(b)	for an activity, includes a person conditionally registered as a medical practitioner under the Health Professionals Act 2004 to the extent that the person is allowed to do the activity under the person’s conditional registration.
Part 5.10	Long Service Leave (Building and Construction Industry) Act 1981
[5.14]	Section 3 (1), definition of registered medical practitioner
omit
[5.15]	Section 56A
omit
registered medical practitioner’s
substitute
doctor’s
[5.16]	Further amendments, mentions of registered medical practitioner
omit
registered medical practitioner
substitute
doctor
in
·	section 42 (2) (c)
·	section 56
·	section 56B (2) (b)
[5.17]	Further amendments, mentions of registered medical practitioners
omit
registered medical practitioners
substitute
doctors
in
·	section 56 (3)
·	section 56B (2) (b) (ii)
Part 5.11	Medical Services (Fees) Act 1984
[5.18]	Section 2, definition of medical practitioner
omit
Part 5.12	Optometrists Act 1956
[5.19]	Section 3 (1), definition of medical practitioner
omit
Part 5.13	Periodic Detention Act 1995
[5.20]	Section 3 (1), definition of medical practitioner
omit
Part 5.14	Pharmacy Act 1931
[5.21]	Section 2 (1), definition of medical practitioner
omit
Part 5.15	Physiotherapists Act 1931
[5.22]	Section 3 (1), definition of medical practitioner
omit
Part 5.16	Podiatrists Act 1994
[5.23]	Section 3 (1), definition of medical practitioner
omit
Part 5.17	Public Sector Management Act 1994
[5.24]	Section 3, definition of medical practitioner
omit
[5.25]	Further amendments, mentions of medical practitioner
omit
medical practitioner
substitute
doctor
in
·	section 3, definition of authorised medical practitioner
·	section 70 (9) (a)
·	section 146 (1)
·	section 173
·	section 206 (6) (b)
Part 5.18	Radiation Act 1983
[5.26]	section 8 (1) (a)
substitute
	(a)	a member who is a doctor registered under the Health Professionals Act 2003 in the specialist area of radiology; and
Part 5.19	Remand Centres Act 1976
[5.27]	Section 3, definition of registered medical practitioner
omit
[5.28]	Further amendments, mentions of registered medical practitioner
omit
registered medical practitioner
substitute
doctor
in
·	section 6AA (3) (b)
·	section 14
·	section 20 (f)
Part 5.20	Sexually Transmitted Diseases Act 1956
[5.29]	Section 4, definition of medical practitioner
omit
Part 5.21	Trans-Tasman Mutual Recognition Act 1997
[5.30]	Schedule 4, clause 2
omit
Medical Practitioners Act 1930
substitute
Health Professionals Act 2004
Part 5.22	Tuberculosis Act 1950
[5.31]	Section 3, definition of medical practitioner
omit
Part 5.23	Repeal of legislation consequential on repeal of Medical Practitioners Act 1930
·	Health Professions Boards (Elections) Election of Three Members of the Medical Board of the Australian Capital Territory 2002 Declaration of Nominations NI2002‑192
·	Health Professions Boards (Elections) Election of Three Members of the Medical Board of the Australian Capital Territory 2002 Declaration of Successful Candidates NI2002‑270
·	Health Professions Boards (Procedures)—Appointment of Solicitor 2003 (No 2) NI2003-63
·	Health Professions Boards (Procedures)—Appointment of Solicitor 2003 (No 3) NI2003-331
·	Health Professions Boards (Procedures)—Appointment of Solicitor 2003 (No 4) NI2003-343
·	Health Professions Boards (Procedures)—Medical Board Appointments 2003 (No 1) DI2003-187
·	Health Professions Boards (Procedures)—Medical Board of the ACT Appointments 2002 (No 1) DI2002-174
·	Health Professions Boards (Procedures)—Medical Board of the ACT Appointments 2002 (No 2) DI2002-188
·	Health Professions Boards (Procedures) Election of Deputy Chairperson of the Medical Board 2003 (No 1) NI2003-310
·	Medical Practitioners – Abortion – Approval of a medical facility 2002 (No 1) NI2002-294
·	Medical Practitioners – Abortion – Approval of a medical facility 2002 (No 2) NI2002-295
·	Medical Practitioners – Abortion – Approval of a medical facility 2002 (No 3) NI2002-296
·	Medical Practitioners – Abortion – Approval of a medical facility 2002 (No 4) NI2002-297
·	Medical Practitioners – Abortion – Approval of a medical facility 2002 (No 5) NI2002-298
·	Medical Practitioners (Advertising) Regulations 1985 SL1985‑14
·	Medical Practitioners Act 1930 Determination of Fees 2001 DI2001-91
·	Medical Practitioners – Publication of registered medical practitioners 2003 (No 1) NI2003-117

Schedule 6	Nurses
(see s 3)
Part 6.1	Birth (Equality of Status) Act 1988
[6.1]	Section 3, definition of registered nurse
substitute
registered nurse—
	(a)	see the Legislation Act, dictionary, part 1, definition of nurse; and
	(b)	includes a person registered under a corresponding law of a State.
Part 6.2	Children and Young People Act 1999
[6.2]	Section 159 (1) (c)
substitute
	(c)	a person registered under the Health Professionals Act 2004 as a nurse; or
Note	Registered includes enrolled (see Health Professionals Act 2004, dict).
Part 6.3	Crimes Act 1900
[6.3]	Section 76 (2) (a)
omit
registered midwife under the Nurses Act 1988
insert
a person registered as a nurse under the Health Professionals Act 2004 in the specialist area of midwifery
Part 6.4	Drugs of Dependence Act 1989
[6.4]	Section 3 (1), definition of enrolled nurse
substitute
enrolled nurse means a person enrolled as a nurse under the Health Professionals Act 2004.
[6.5]	Section 3 (1), definition of nurse
substitute
nurse—see Legislation Act, dictionary, part 1.
Part 6.5	Juries Act 1967
[6.6]	Schedule 2, part 2.2, item 5, column 2
omit
Nurses Act 1988
insert
Health Professionals Act 2004
Part 6.6	Legislation Act 2001
[6.7]	Dictionary, part 1, definition of nurse
substitute
nurse—
	(a)	means a person unconditionally registered as a nurse under the Health Professionals Act 2004; and
	(b)	for an activity, includes a person conditionally registered as a nurse under the Health Professionals Act 2004 to the extent that the person is allowed to do the activity under the person’s conditional registration; but
	(c)	does not include an enrolled nurse.
Note	Under the Mutual Recognition Act 1992 (Cwlth), s 25 people registered as nurses in a State may be deemed to be registered in the ACT.
[6.8]	Dictionary, part 1, definition of nurse practitioner
substitute
nurse practitioner means a person registered as a nurse under the Health Professionals Act 2004 in the specialist area of nurse practitioner.
Note	Under the Mutual Recognition Act 1992 (Cwlth), s 25 people registered as nurses in a specialty in a State may be deemed to be registered in the specialty in the ACT.
Part 6.7	Mental Health (Treatment and Care) Act 1994
[6.9]	Section 4, definition of mental health nurse
substitute
mental health nurse means a person registered as a nurse under the Health Professionals Act 2004 in the specialist area of mental health nurse.
Note	Under the Mutual Recognition Act 1992 (Cwlth), s 25 people registered as nurses in a specialty in a State may be deemed to be registered in the specialty in the ACT.
Part 6.8	Periodic Detention Act 1995
[6.10]	Section 3 (1), definition of nurse
omit
Part 6.9	Physiotherapists Act 1977
[6.11]	Section 3 (1), definition of nurse
substitute
nurse—
	(a)	see the Legislation Act, dictionary, part 1, definition of nurse; and
	(b)	includes a person enrolled as a nurse under the Health Professionals Act 2004.
Note	Under the Mutual Recognition Act 1992 (Cwlth), section 25 people registered or enrolled as nurses in a State may be deemed to be registered or enrolled in the ACT.
Part 6.10	Transplantation and Anatomy Act 1978
[6.12]	Section 4 (1), definition of enrolled nurse
substitute
enrolled nurse means a person enrolled as a nurse under the Health Professionals Act 2004.
[6.13]	Section 4 (1), definition of registered nurse
substitute
registered nurse—see Legislation Act, dictionary, part 1, definition of nurse.
Part 6.11	Repeal of legislation consequential on repeal of Nurses Act 1988
·	Health Professions Boards (Elections) Election of Two Members of the Nurses Board of the Australian Capital Territory 2002 Declaration of Nominations  NI2002-372
·	Health Professions Boards (Elections) Election of Four Members of the Nurses Board of the Australian Capital Territory 2002 Declarations of Nominations and Successful Candidates NI2002-324
·	Health Professions Boards (Elections)—Election of Two Members of the Nurses Board of the Australian Capital Territory 2003 Declaration of successful candidates NI2003-46
·	Health Professions Boards (Procedures)—Nurses Board of the ACT Appointments 2002 (No 2) DI2002-219
·	Health Professions Boards (Procedures)—Appointment of Solicitor 2003 (No 1) NI2003-56
·	Health Professions Boards (Procedures) - Nurses Board of the ACT Appointment 2003 (No 1) NI2003-72
·	Nurses Act 1998 Determination of Fees 1996 DI1996-5
·	Nurses (Registered or Enrolled) Notice 2003 (No 1) NI2003‑188

Schedule 7	Optometrists
(see s 3)
Part 7.1	Repeal of legislation consequential on repeal of Optometrists Act 1956
·	Health Professions Boards (Elections) Election of One Members of the Optometrists Board of the Australian Capital Territory 2003 Declarations of Nominations and Successful Candidates NI2003‑45
·	Health Professions Boards (Procedures) Optometrist Board Appointments 2002 (No 1) DI2002-175
·	Optometrists—Determination of Fees 2003 (No 1) DI2003‑117

Schedule 8	Pharmacists
(see s 3)
Part 8.1	Drugs of Dependence Act 1989
[8.1]	Section 3 (1), definition of pharmacist
omit
Part 8.2	Legislation Act 2001
[8.2]	Dictionary, pt 1, definition of pharmacist
substitute
pharmacist—
	(a)	means a person unconditionally registered as a pharmacist under the Health Professionals Act 2004; and
	(b)	for an activity, includes a person conditionally registered as a pharmacist under the Health Professionals Act 2004 to the extent that the person is allowed to do the activity under the person’s conditional registration.
Part 8.3	Repeal of legislation consequential on repeal of Pharmacy Act 1931
·	Election of three members of the Pharmacy Board of the Australian Capital Territory Declaration of Nominations NI2002‑101
·	Election of Three Members of the Pharmacy Board of the Australian Capital Territory 2002 Declaration of Successful Candidates NI2002‑151
·	Health Professions Boards (Elections) Election of Three Members of the Pharmacy Board of the Australian Capital Territory 2002 Declaration of Successful Candidates NI2002‑191
·	Health Professions Boards (Procedures) (Pharmacy Board Deputy Chairperson Election) Notice 2004 (No 1) NI2004‑37
·	Health Professions Boards (Procedures)—Pharmacy Board of the ACT 2002 (No 1) DI2002-199
·	Health Professions Boards (Procedures)—Pharmacy Board of the ACT 2003 (No 1) DI2003-188
·	Health Professions Boards (Procedures)—Pharmacy Board of the ACT 2003 (No 1) NI2003-263
·	Pharmacy (Fees) Determination 2003 (No 1) DI2003-114

Schedule 9	Physiotherapists
(see s 3)
Part 9.1	Chiropractors and Osteopaths Act 1983
[9.1]	Section 3 (1), definition of physiotherapist
substitute
physiotherapist means a person registered as a physiotherapist under the Health Professionals Act 2004.
Part 9.2	Podiatrists Act 1994
[9.2]	Section 3 (1), definition of physiotherapist
substitute
physiotherapist means a person registered as a physiotherapist under the Health Professionals Act 2004.
Part 9.3	Repeal of legislation consequential on repeal of Physiotherapists Act 1977
·	Health Professions Boards (Elections) Election of Three Members of the Physiotherapists Board of the Australian Capital Territory 2002 Declarations of Nominations and Successful Candidates NI2002‑299
·	Physiotherapists Board of the ACT Appointments 2002 (No 1) DI2002-168
·	Physiotherapists—Determination of Fees 2003 (No 1) DI2003‑116

Schedule 10	Podiatrists
(see s 3)
Part 10.1	Poisons Act 1933
[10.1]	New section 23
insert
23	References to podiatrist in DI2004‑8
	(1)	This section applies to the Poisons (Fees) Determination 2004 (No 1) DI2004-8.
	(2)	A reference in the determination to a registered podiatrist under the Podiatrist Act 1994 is taken to be a reference to a person registered as a podiatrist under the Health Professionals Act 2004.
	(3)	This section expires on the day the Health Professionals Act 2004, section 136 (Repeals) expires.
Part 10.2	Repeal of legislation consequential on repeal of Podiatrists Act 1994
·	Podiatrists Act 1994 Appointment DI2001‑194
·	Podiatrists Act 1994 Appointment DI2001‑195
·	Podiatrists Act 1994 Appointment DI2001‑196
·	Podiatrists Act 1994 Appointment DI2001‑197
·	Podiatrists Act 1994 Appointment DI2001‑198
·	Podiatrists (Fees) Determination 2004 (No 1) DI2004‑6

Schedule 11	Psychologists
(see s 3)
Part 11.1	Victims of Crime (Financial Assistance) Act 1983
[11.1]	Section 2, definition of health professional
substitute
health professional—see the Health Professionals Act 2004, section 14.
Part 11.2	Repeal of legislation consequential on repeal of Psychologists Act 1994
·	Health Professions Boards (Procedures) (Psychologists Board Chairperson Election) Notice 2004 (No 1) NI2004‑44
·	Health Professions Boards (Procedures)—Psychologists Board of the ACT 2003 (No 1) DI2003-42
·	Health Professions Boards (Procedures)—Psychologists Board of the ACT 2003 (No 2) DI2003-80
·	Psychologists Board Appointments 2001 DI2001-318
·	Psychologists Act 1994 Determination of Fees 1997 DI1997‑163
·	Psychologists—Determination of Fees 2003 (No 1) DI2003‑94

Schedule 12	Miscellaneous
(see s 3)
Part 12.1	Veterinary Surgeons Act 1965
[12.1]	Section 7 (1)
substitute
	(1)	The board consists of—
	(a)	a chairperson appointed under the Health Professions Boards (Procedures) Act 1981 (repealed); and
	(b)	2 other members appointed under that Act; and
	(c)	2 members elected, as occasion requires, under the Health Professions Boards (Elections) Act 1980 (repealed).
[12.2]	Section 7
renumber subsections when Act next republished under Legislation Act
Part 12.2	Repeal of legislation consequential on repeal of Health Professions Boards (Elections) Act 1980
·	Health Professions Boards (Elections) Act 1980—Form 1 AF2002-98
·	Health Professions Boards (Elections) Act 1980—Form 2 AF2002-99
·	Health Professions Boards (Elections) Act 1980—Form 3 AF2002-100

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on	2004.
2	Notification
	Notified under the Legislation Act on	2004.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2004