2005
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Health)
Health Legislation Amendment Bill 2005

Contents
	Page
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended—sch 1	2
	4	Legislation repealed	2
Schedule 1	Amendments	3
Part 1.1	Health Professionals Act 2004	3
Part 1.2	Health Professionals Legislation Amendment Act 2004	9
Part 1.3	Health Professionals Regulation 2004	12
Part 1.4	Medical Practitioners Act 1930	13

2005
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Health)
Health Legislation Amendment Bill 2005

A Bill for
An Act to amend the law relating to health, and for other purposes

    

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

1	Name of Act
This Act is the Health Legislation Amendment Act 2005.
2	Commencement
This Act commences on the day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended—sch 1
This Act amends the legislation mentioned in schedule 1.
4	Legislation repealed
The Medical Services (Fees) Act 1984 A1984-7 is repealed.

Schedule 1	Amendments
(see s 3)
Part 1.1	Health Professionals Act 2004
[1.1]	Section 2 (2)
substitute
	(2)	If this Act has not commenced before 9 July 2006, it automatically commences on that day.
[1.2]	Section 15 (2)
substitute
	(2)	For the application of this Act in relation to a health professional who is a veterinary surgeon, a health service is a service provided to an animal (the service user) for any of the purposes mentioned in subsection (1) (a) or (b).
	(3)	Also, a health service includes a service provided by a health professional in the professional’s capacity as a health professional.
[1.3]	Section 22 (4)
omit
[1.4]	Section 26 (3)
substitute
	(3)	If a health profession board wants a health professional’s registration suspended or cancelled, the board cannot suspend or cancel the registration itself, but may apply to the health professions tribunal for suspension or cancellation.
[1.5]	Section 37 (5) (c)
substitute
	(c)	when (in addition to the circumstances already prescribed under this Act) a health profession board may apply for the suspension or cancellation of registration; and
[1.6]	Section 37 (7)
omit
[1.7]	Section 40 (2) (c)
substitute
	(c)	to hear applications for review of decisions of health profession boards and professional standards panels;
	(d)	to hear applications from health profession boards to suspend or cancel the registration of health professionals.
[1.8]	Section 48
substitute
48	Parties to proceeding
	(1)	The following are parties to the proceeding on an application relating to a decision about a person (other than an application mentioned in subsection (2)):
	(a)	the person;
	(b)	the health profession board that made the decision or that established the professional standards panel that made the decision;
	(c)	anyone else with the leave of the health professions tribunal.
	(2)	The following are parties to the proceeding on an application to suspend or cancel a health professional’s registration:
	(a)	the health professional;
	(b)	the health profession board that made the application;
	(c)	anyone else with the leave of the health professions tribunal.
[1.9]	New section 49A
in division 7.3, insert
49A	Application to suspend or cancel health professional’s registration
	(1)	This section applies to an application to suspend or cancel a health professional’s registration.
	(2)	In deciding whether to suspend or cancel the registration, the health professions tribunal must consider whether—
	(a)	the health professional has contravened a standard of practice that applied to the health professional; or
	(b)	the health professional is putting, or has put, public safety at risk.
[1.10]	Section 84 (2) (e) and (3)
omit
period
substitute
maximum period
[1.11]	Section 86 (3) (b)
substitute
	(b)	apply to the tribunal for the suspension or cancellation of the registration of the health professional to whom the matter relates;
[1.12]	Section 122 (2) (i)
substitute
	(i)	refer the report, complaint, or application for a condition review, to the health profession board with—
	(i)	a recommendation that an application be made to the health professions tribunal for the suspension or cancellation of the health professional’s registration; and
	(ii)	the standards inquiry report on which the recommendation is based;
[1.13]	Section 122 (3)
substitute
	(3)	If the professional standards panel acts under subsection (2) (other than under paragraph (i)), the act is an act of the health profession board.
[1.14]	Section 136 (1) (l)
substitute
	(l)	Psychologists Act 1994 A 1994-87
	(m)	Veterinary Surgeons Act 1965 A1965-3.
[1.15]	Section 136 (2)
omit
or (l)
substitute
, (l) or (m)
[1.16]	Section 137 (1)
substitute
	(1)	This section applies to a health profession regulated under a repealed Act.
[1.17]	New section 137 (3)
insert
	(3)	To remove any doubt, midwifery is a health profession that was regulated under the Nurses Act 1988.
[1.18]	Section 139 (1)
substitute
	(1)	This section applies if a person was registered under a repealed Act immediately before its repeal and the registration was subject to a condition.
[1.19]	New sections 150A to 150D
insert
150A	People previously registered under repealed Act
A reference in section 77 (Meaning of registered health professional for div 9.2) to a person who was registered at the time of an act or omission includes a reference to a person who was registered under a repealed Act at that time, whether or not the person is, or has at any time been, registered under this Act.
150B	People previously registered under Act or repealed Act
In this Act:
registered health professional, in relation to a report under division 9.2 or a complaint, includes a person who was registered under this Act or a repealed Act at the time of the act or omission reported or complained about.
150C	Existing inquiries
To remove any doubt, in an inquiry to which section 140 applies, anything done by a board in relation to a person registered at any time by the board, as part of an inquiry or otherwise, may, but need not, be done again under this Act by the health profession board that regulates a profession in relation to which the board was established.
150D	Appointment and election of health profession board members before Act fully commenced
	(1)	This section applies to any of the following powers under this Act that are to be, or have been, exercised in relation to a health profession board:
	(a)	a power to make an appointment to the board;
	(b)	a power to make a statutory instrument for the purposes of the board;
	(c)	a power to do anything in relation to the conduct of an election for members of the board.
Note	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
	(2)	To remove any doubt, the Legislation Act, section 81 (Exercise of powers between notification and commencement) is taken to apply, or is taken to have applied, to the exercise of the power even if—
	(a)	the power was exercised before the commencement of this section; or
	(b)	the power is exercised before this Act has fully commenced.
	(3)	For the exercise of the power, this Act is taken to have fully commenced at the time of the exercise of the power.
	(4)	Anything done, or purported to have been done, under this Act before the commencement of this section has effect after that commencement as if this section (and every other provision of this Act) had been in force when the thing was done.
Note	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
	(5)	Subsection (4) is additional to subsections (2) and (3).
	(6)	This section is additional to the Legislation Act, section 81.
[1.20]	Dictionary, new definition of public
insert
public, in relation to health services provided by veterinary surgeons, includes animals.
Part 1.2	Health Professionals Legislation Amendment Act 2004
[1.21]	Section 2 (1), table 2, new item 11
insert
11	sch 11A (Veterinary surgeons)	s 136 (m)	
[1.22]	Section 2 (1), note, paragraph (l)
substitute
	(l)	Psychologists Act 1994 A1994-87
	(m)	Veterinary Surgeons Act 1965 A1965-3.
[1.23]	Schedule 1, amendment 1.18, new section 3, definition of election, note
substitute
Note	The Health Professionals Act 2004, s 136 repeals the Acts mentioned in this definition.
[1.24]	Schedule 1, amendment 1.19, new section 3, definition of prescribed Act, note
substitute
Note	The Health Professionals Act 2004, s 136 repeals the Acts mentioned in this definition.
[1.25]	Schedule 1, amendment 1.20, new section 3, definition of register, note
substitute
Note	The Health Professionals Act 2004, s 136 repeals the Acts mentioned in this definition.
[1.26]	Schedule 1, amendment 1.21, new section 3, definition of registered practitioner, note
substitute
Note	The Health Professionals Act 2004, s 136 repeals the Acts mentioned in this definition.
[1.27]	Schedule 1, amendment 1.23, new section 8 (3), note
substitute
Note	The Health Professionals Act 2004, s 136 repeals the Acts mentioned in pars (a) – (h).
[1.28]	Schedule 1, amendment 1.25, new section 3, definition of board, note
substitute
Note	The Health Professionals Act 2004, s 136 repeals the Acts mentioned in this definition.
[1.29]	Schedule 1, amendment 1.26, new section 3, definition of proceeding, note
substitute
Note	The Health Professionals Act 2004, s 136 repeals the Acts mentioned in this definition.
[1.30]	Schedule 1, amendment 1.27, new section 11 (4), note
substitute
Note	The Health Professionals Act 2004, s 136 repeals the Acts mentioned in this definition.
[1.31]	Schedule 1, amendment 1.33, new modification 15, definition of Health Professionals Act, paragraph (b) (ix)
substitute
	(ix)	Psychologists Act 1994;
	(x)	Veterinary Surgeons Act 1965.
[1.32]	Schedule 5, part 5.11
omit
[1.33]	New schedule 11A
insert
Schedule 11A	Veterinary surgeons
(see s 3)
Part 11A.1	Legislation Act 2001
[11A.1]	Dictionary, part 1, definition of veterinary surgeon
substitute
veterinary surgeon—
	(a)	means a person unconditionally registered as a veterinary surgeon under the Health Professionals Act 2004; and
	(b)	for an activity, includes a person conditionally registered as a veterinary surgeon 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 11A.2	Drugs of Dependence Act 1989
[11A.2]	Section 3 (1), definition of veterinary surgeon
omit
Part 11A.3	Pharmacy Act 1931
[11A.3]	Section 2 (1), definition of veterinary surgeon
omit
Part 11A.4	Repeal of legislation consequential on repeal of Veterinary Surgeons Act 1965
·	Veterinary Surgeons Determination of Fees 2003 (No1) DI2003-113
[1.34]	Schedule 12, part 12.1
omit
Part 1.3	Health Professionals Regulation 2004
[1.35]	Section 2 (3)
omit
8 July 2005
substitute
9 July 2006
[1.36]	Section 158
omit
[1.37]	Schedule 15
omit
Part 1.4	Medical Practitioners Act 1930
[1.38]	Section 55A heading
omit
pt 4B
substitute
pt 5A
[1.39]	Section 55B heading
omit
medical practitioner
substitute
doctor
[1.40]	Section 55B
omit
registered medical practitioner
substitute
doctor
[1.41]	Section 55C
omit
section 55D (1)
substitute
section 30D (1)
[1.42]	Part 4B (as amended)
relocate to Health Act 1993 as part 5A (section 30A to section 30E)

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on	2005.
2	Notification
	Notified under the Legislation Act on	2005.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2005