2009
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Health)
Health Legislation Amendment Bill 2009

Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	2	Commencement	2
Part 2	Drugs of Dependence Act 1989
	3	Legislation amended—pt 2	3
	4	Treatment 
Part 9	3
	5	Inspection 
Division 11.2	3
	6	Notification and review of decisions
Part 12	3
	7	Secrecy
Section 201 (1)	3
	8	Section 201 (3) (a)	3
	9	Reviewable decisions
Schedule 1	3
	10	Dictionary	4
Part 3	Health Records (Privacy and Access) Act 1997
	11	Legislation amended—pt 3	5
	12	The privacy principles
Schedule 1, principle 4.1, new clause 3 (c)	5
Schedule 1	Consequential amendments	6
Part 1.1	Children and Young People Act 2008	6
Part 1.2	Court Procedures Rules 2006	6
Part 1.3	Crimes Sentencing Act 2005	6

2009
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Health)
Health Legislation Amendment Bill 2009

A Bill for
An Act to amend legislation about health, and for other purposes 

    

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

Part 1	Preliminary
1	Name of Act
This Act is the Health Legislation Amendment Act 2009.
2	Commencement
This Act commences on a day fixed by the Minister by written notice.
Note 1	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
Note 2	A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).
Note 3	If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).

Part 2	Drugs of Dependence Act 1989
3	Legislation amended—pt 2
This part amends the Drugs of Dependence Act 1989.
4	Treatment 
Part 9
omit
5	Inspection 
Division 11.2
omit
6	Notification and review of decisions
Part 12
omit
7	Secrecy
Section 201 (1)
omit
a treatment centre inspector,
8	Section 201 (3) (a)
omit
9	Reviewable decisions
Schedule 1
omit
10	Dictionary
omit the definitions of
approval
approval holder
approved treatment centre
assessment order
director
member 
offender
opioid dependency treatment centre
panel
proper officer
responsible officer
reviewable decision
treatment
treatment centre
treatment centre inspector
treatment order

Part 3	Health Records (Privacy and Access) Act 1997
11	Legislation amended—pt 3
This part amends the Health Records (Privacy and Access) Act 1997.
12	The privacy principles
Schedule 1, principle 4.1, new clause 3 (c)
before the example, insert
	(c)	an electronic copy of the record has been generated—
	(i)	by a method described in the Electronic Transactions Act 2001, section 11 (2) (b); and
	(ii)	when the record is destroyed it is reasonable to expect that the information contained in the electronic copy will be readily accessible so as to be useable for subsequent reference.
Note	The Electronic Transactions Act 2001, section 11 (Retention of information and documents) provides that, if a person is required to retain a document, the requirement is taken to be met if the person retains an electronic form of the document.

Schedule 1	Consequential amendments
Part 1.1	Children and Young People Act 2008
[1.1]	Dictionary, definition of drug of dependence
substitute
drug of dependence—see the Drugs of Dependence Act 1989, dictionary.
Part 1.2	Court Procedures Rules 2006
[1.2]	Rule 4700, definition of sentence, example 3
omit
[1.3]	Rule 5000, definition of sentence, example 3
omit
Part 1.3	Crimes Sentencing Act 2005
[1.4]	Section 13 (3) (g), note 1
omit
[1.5]	Section 29 (1) (i)
omit

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on	2009.
2	Notification
	Notified under the Legislation Act on	2009.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2009