Australian Capital Territory
Health Act 1993    
A1993-13
Republication No 24
Effective:  1 March 2011 – 12 April 2011
Republication date: 1 March 2011
Last amendment made by A2011-3

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Health Act 1993 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 March 2011.  It also includes any amendment, repeal or expiry affecting the republished law to 1 March 2011.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory
Health Act 1993

Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	2	Dictionary	2
	3	Notes	2
	4	Offences against Act—application of Criminal Code etc	3
Part 2	Important concepts
	5	What is a health service?	4
	6	What is a health facility?	4
	7	Who is a health service provider?	5
Part 3	Health care principles
	10	Objectives	6
	11	Medicare principles and commitments	6
	12	Legal effect	8
Part 4	Quality assurance
Division 4.1	Quality assurance—important concepts
	20	Definitions—pt 4	9
	21	What is a health professional organisation?	9
	22	Who is the CEO of a health facility?	10
	23	Who is the CEO of a health professional organisation?	10
Division 4.2	Quality assurance—quality assurance committees
	24	What is a quality assurance committee?	10
	25	Approval of health facility QACs	11
	26	Approval of health professional organisation QACs	11
	27	Approval of special purpose QACs	11
	28	Quality assurance committees—criteria for approval	11
	29	Quality assurance committees—revocation of approval	12
	30	Quality assurance committees—functions	12
	31	Quality assurance committees—appointment of members	13
	32	Quality assurance committees—disclosure of interests	13
	33	Quality assurance committees—procedure	13
	34	Quality assurance committees—protection of members etc from liability	14
	35	Quality assurance committees—obtaining information	15
Division 4.3	Assessment and evaluation of health services
	36	Assessment and evaluation of health services	15
	37	Approval of quality assurance activities	16
	38	Preparing health service reports	17
	39	Giving health service reports to CEO or chief executive	17
	40	Monitoring implementation of recommendations	18
Division 4.4	Quality assurance committees—reporting
	41	Annual quality assurance committee report to Minister	18
	42	Other quality assurance committee reports	19
Division 4.5	Quality assurance committees—information sharing
	43	Quality assurance committees—giving information to the Coroner’s Court	19
	44	Quality assurance committees—giving information to other quality assurance committees	20
	45	Quality assurance committees—giving information to health board	20
	46	Quality assurance committees—giving information to Minister	20
	47	Quality assurance committees—admissibility of evidence	20
Part 5	Reviewing clinical privileges
	50	Definitions—pt 5	22
	51	What is a clinical privileges committee?	22
	52	Who is a doctor or dentist for a health facility?	22
	53	Who is the CEO of a health facility?	23
	54	What are clinical privileges?	23
	55	Meaning of review clinical privileges	23
	56	Approval of clinical privileges committees	23
	57	Clinical privileges committees—criteria for approval	24
	58	Clinical privileges committees—revocation of approval	24
	59	Clinical privileges committees—functions	24
	60	Clinical privileges committees—appointment of members	25
	61	Clinical privileges committees—disclosure of interests	25
	62	Clinical privileges committees—procedure	25
	63	Clinical privileges committees—protection of members etc from liability	26
	64	Clinical privileges committees—obtaining information	26
	65	Review of clinical privileges	27
	66	Clinical privileges committee must give doctor or dentist opportunity to explain	27
	67	Preparing clinical privileges reports	28
	68	Giving clinical privileges reports to CEO of health facility and doctor or dentist	29
	69	CEO to make decision on clinical privileges report	29
	70	CEO to tell doctor or dentist of decision on clinical privileges report	30
	71	When decision on clinical privileges report takes effect	31
	72	Clinical privileges committees—giving information to health board	31
	73	Clinical privileges committees—admissibility of evidence	32
	74	Pt 5 obligations—no contracting out	32
Part 6	Abortions
	80	Meaning of abortion for pt 6	33
	81	Only doctor may carry out abortion	33
	82	Abortion to be carried out in approved medical facility	33
	83	Approval of facilities	33
	84	No obligation to carry out abortion	34
Part 7	VMO service contracts
	100	Definitions for pt 7	35
	101	Service contracts	35
	102	Core conditions	36
	103	Collective negotiations	36
	104	Negotiating agents	37
	105	Authorised representatives	38
	106	Arbitration	39
	107	Competition and Consumer Act authorisation	40
Part 8	Secrecy
	120	Definitions—pt 8	41
	121	When is information divulged?	41
	122	Who is an information holder?	41
	123	What is protected information?	42
	124	What is sensitive information?	42
	125	Offence—secrecy of protected information	43
	126	Information may be given to Medicare Australia	44
Part 8A	Offence—provision of health services by non-health practitioners
	127	Provision of regulated health service by person not health practitioner	46
Part 9	Pharmacists and pharmacy premises
	128	Meaning of community pharmacy—pt 9	48
	128A	Complying pharmacy corporation	48
	128B	Standard of premises	49
	129	Restriction on pharmacy premises—supermarkets	50
	129A	Ownership of pharmacy business	50
Part 10	Review of decisions
	130	Review of decisions	51
	131	Pt 9 obligations—no contracting out	51
Part 15	Miscellaneous
	190	Disclosure of interests by committee members	52
	191	References to Health and Community Care Service	54
	192	Determination of fees	54
	193	Payment of fees and interest	55
	194	Approved forms	56
	195	Regulations about nurse practitioners	56
	196	Regulation-making power	57
Dictionary		58
Endnotes
	1	About the endnotes	62
	2	Abbreviation key	62
	3	Legislation history	63
	4	Amendment history	66
	5	Earlier republications	84
	6	Renumbered provisions	85
	7	Modifications of republished law with temporary effect	86

Australian Capital Territory
Health Act 1993

An Act relating to the provision of health services

    

Part 1	Preliminary
    
1	Name of Act
This Act is the Health Act 1993.
2	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.
For example, the signpost definition ‘health facility—see section 6.’ means that the term ‘health facility’ is defined in that section.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
3	Notes
A note included in this Act is explanatory and is not part of this Act.
Note	See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

4	Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1	Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).  
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2	Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 2	Important concepts
5	What is a health service?
For this Act, a health service is a service provided to someone (the service user) for any of the following purposes:
	(a)	assessing, recording, maintaining or improving the physical, mental or emotional health, comfort or wellbeing of the service user;
	(b)	diagnosing, treating or preventing an illness, disability, disorder or condition of the service user.
6	What is a health facility?
	(1)	In this Act:
health facility means the following facilities where health services are provided:
	(a)	a hospital, including a day hospital;
	(b)	a hospice;
	(c)	a nursing home;
	(d)	a health practitioner’s consulting room;
	(e)	another facility ordinarily used by the Territory to provide health services;
	(f)	any other facility prescribed by regulation for this section.
7	Who is a health service provider?
In this Act:
health service provider—
	(a)	means a health practitioner or other person who provides a health service; and
	(b)	for a health facility, means a health service provider who—
	(i)	provides a health service at the health facility; or
	(ii)	uses the equipment or other facilities of the health facility to provide a health service elsewhere.
Examples of people who may be health service providers
1	a chiropractor
2	a dentist
3	a dental technician
4	a dental prosthetist
5	a doctor
6	a nurse
7	an osteopath
8	an optometrist
9	a pharmacist
10	a physiotherapist
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

Part 3	Health care principles
    
10	Objectives
In providing health services the Territory must have regard to the following objectives:
	(a)	to improve the efficiency, effectiveness and quality of health services;
	(b)	to guarantee equitable access to and participation in health services and to ensure that language and cultural differences are not barriers to such access or participation;
	(c)	to maintain a strong and viable public hospital system and a full range of community health services;
	(d)	to support worker and community participation in the development of policies for the delivery of health services;
	(e)	to ensure that the community is aware of the range of health services that is available and that patients have information that is sufficient to enable them to make informed choices;
	(f)	to foster disease prevention and primary health care;
	(g)	to cooperate with community groups in the provision of health services.
11	Medicare principles and commitments
	(1)	The following guidelines govern the delivery of public hospital services to eligible persons in the ACT:
Note	The guidelines focus on the provision of public hospital services to eligible persons, but operate in an environment where eligible persons have the right to choose private health care in public and private hospitals supported by private health insurance.
	(a)	eligible persons must be given the choice to receive public hospital services free of charge as public patients;
Note 1	Hospital services include in-patient, outpatient, emergency services (including primary care where appropriate) and day patient services consistent with currently acceptable medical and health service standards.
Note 2	At the time of admission to a hospital, or as soon as practicable after that, an eligible person will be required to elect or confirm whether he or she wishes to be treated as a public or private patient.
	(b)	access to public hospital services is to be on the basis of clinical need;
Note 1	None of the following factors are to be a determinant of an eligible person’s priority for receiving hospital services:
	(a)	whether or not an eligible person has health insurance;
	(b)	an eligible person’s financial status or place of residence;
	(c)	whether or not an eligible person intends to elect, or elects, to be treated as a public or private patient.
Note 2	This guideline applies equally to waiting times for elective surgery.
	(c)	to the maximum practicable extent, the Territory will ensure the provision of public hospital services equitably to all eligible persons, regardless of their geographical location;
Note 1	This guideline does not require a local hospital to be equipped to provide eligible persons with every hospital service they may need.
Note 2	In rural and remote areas, the Territory should ensure provision of reasonable public access to a basic range of hospital services that are in accord with clinical practices.
	(d)	the Commonwealth and the Territory must make available information on the public hospital services eligible persons can expect to receive as public patients;
Note 1	The joint Commonwealth/Territory development of a Public Patients Hospital Charter for the Territory will be a vehicle for the public dissemination of this information.
Note 2	The Charter will set out the public hospital services available to public patients.
	(e)	the Commonwealth and the Territory are committed to making improvements in the efficiency, effectiveness and quality of hospital service delivery.
Note	This includes a commitment to quality improvement, outcome measurement, management efficiency and effort to integrate the delivery of hospital and other health and community services.
	(2)	A word or expression used in the Medicare Agreements Act 1992 (Cwlth) has the same meaning in subsection (1).
12	Legal effect
Nothing in this part is to be taken to create any legal rights not in existence before the enactment of this part or to affect any legal rights in existence before that enactment or that would, apart from this part, have come into existence after that enactment.

Part 4	Quality assurance
Division 4.1	Quality assurance—important concepts
20	Definitions—pt 4
In this part:
CEO—
	(a)	of a health facility—see section 22; and
	(b)	of a health professional organisation—see section 23.
health facility QAC, for a health facility, means a committee approved under section 25 as a quality assurance committee for the health facility.
health professional organisation—see section 21.
health professional organisation QAC, for a health professional organisation, means a committee approved under section 26 as a quality assurance committee for the health professional organisation.
health service report—see section 38.
ministerial report—see section 41.
special purpose QAC means a committee approved under section 27 for a purpose.
Note	Quality assurance committee is defined for the Act in s 24.
21	What is a health professional organisation?
In this part:
health professional organisation means an entity that—
	(a)	is an association, society, college, faculty or other body of professionals who provide a health service; and
	(b)	is prescribed by regulation for this section.
22	Who is the CEO of a health facility?
In this part:
CEO, of a health facility, means—
	(a)	for a health facility operated by the Territory—the chief executive; or
	(b)	in any other case—the person with overall responsibility for the control of the health facility.
23	Who is the CEO of a health professional organisation?
In this part:
CEO, of a health professional organisation, means the person with overall responsibility for the control of the health professional organisation.
Division 4.2	Quality assurance—quality assurance committees
24	What is a quality assurance committee?
In this Act:
quality assurance committee means—
	(a)	a health facility QAC; or
	(b)	a health professional organisation QAC; or
	(c)	a special purpose QAC.
25	Approval of health facility QACs
	(1)	The Minister may approve a stated committee as a quality assurance committee for a stated health facility.
	(2)	An approval is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
26	Approval of health professional organisation QACs
	(1)	The Minister may approve a stated committee as a quality assurance committee for a stated health professional organisation.
	(2)	An approval is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
27	Approval of special purpose QACs
	(1)	The Minister may approve a stated committee as a quality assurance committee for a stated purpose.
	(2)	An approval is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
28	Quality assurance committees—criteria for approval
The Minister may approve a committee as a quality assurance committee under section 25, section 26 or section 27 only if satisfied that—
	(a)	the committee’s functions would be facilitated by the members, and other people mentioned in section 34, being protected from liability under section 34 (Quality assurance committees—protection of members etc from liability); and
	(b)	it is in the public interest for part 8 (Secrecy) to apply to information held by the committee members.
29	Quality assurance committees—revocation of approval
The Minister may revoke the approval of a committee as a quality assurance committee if—
	(a)	the Minister is not satisfied about 1 or both of the criteria mentioned in section 28 in relation to the committee; or
	(b)	the committee has failed to prepare a health service report as required under section 38; or
	(c)	the committee has failed to give a health service report as required under section 39; or
	(d)	the committee has failed to prepare, or give, a ministerial report as required under section 41 (Annual quality assurance committee report to Minister); or
	(e)	the committee has failed to prepare a report as required by a regulation made under section 42 (Other quality assurance reports); or
	(f)	for the last year, none of the members of the committee has held sensitive information in the exercise of a function under this Act.
Note 1	Sensitive information is defined in s 124.
Note 2	Power to make a statutory instrument includes power to amend or repeal the instrument.  The power to amend or repeal the instrument is exercisable in the same way, and subject to the same conditions, as the power to make the instrument (see Legislation Act, s 46).
30	Quality assurance committees—functions
A quality assurance committee has the following functions:
	(a)	to facilitate the improvement of health services provided in the ACT;
	(b)	any other function given to the committee under this Act.
31	Quality assurance committees—appointment of members
	(1)	The CEO of a health facility must appoint the members of a health facility QAC for the health facility.
	(2)	The CEO of a health professional organisation must appoint the members of a health professional organisation QAC for the health professional organisation.
	(3)	The chief executive must appoint the members of a special purpose QAC.
Note 1	For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2	In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
Note 3	A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint).
32	Quality assurance committees—disclosure of interests
	(1)	Section 190 (Disclosure of interests by committee members) applies to quality assurance committees.
	(2)	If a person acting under the direction of a quality assurance committee has a material interest in an issue being considered, or about to be considered, by the committee, the person must disclose the nature of the interest at a committee meeting as soon as practicable after the relevant facts come to the person’s knowledge.
	(3)	In this section:
material interest—see section 190 (4).
33	Quality assurance committees—procedure
In exercising its functions, a quality assurance committee—
	(a)	must comply with the rules of natural justice; and
	(b)	is not bound by the rules of evidence but may inform itself of anything in the way it considers appropriate; and
	(c)	may do whatever it considers necessary or convenient for the fair and prompt conduct of its functions.
34	Quality assurance committees—protection of members etc from liability
	(1)	In this section:
relevant person, for a quality assurance committee—
	(a)	means a person who is, or has been, a member of the committee; and
	(b)	includes anyone engaging in conduct under the direction of a person who is a member of the committee.
	(2)	A relevant person for a quality assurance committee is not personally liable for anything done or omitted to be done honestly and without recklessness—
	(a)	in the exercise of a function under this Act; or
	(b)	in the reasonable belief that the act or omission was in the exercise of a function under this Act.
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).
	(3)	Any civil liability that would, apart from this section, attach to a relevant person for a quality assurance committee attaches instead to—
	(a)	if the committee is a health facility QAC for a health facility—the health facility; or
	(b)	if the committee is a health professional organisation QAC for a health professional organisation—the health professional organisation; or
	(c)	if the committee is a special purpose QAC—the Territory.
35	Quality assurance committees—obtaining information
	(1)	A quality assurance committee carrying out a function under this Act may ask anyone to give the committee information, including protected information, that is relevant to the committee carrying out the function.
Note	The identity of a person who gives information to a committee under this section is protected (see pt 8).
	(2)	When asking anyone for information, the committee must tell the person that giving false or misleading information is an offence against the Criminal Code, section 338 (Giving false or misleading information).
	(3)	If someone gives information honestly and without recklessness to a quality assurance committee under subsection (1)—
	(a)	the giving of the information is not—
	(i)	a breach of confidence; or
	(ii)	a breach of professional etiquette or ethics; or
	(iii)	a breach of a rule of professional conduct; and
	(b)	the person does not incur civil or criminal liability only because of the giving of the information.
Division 4.3	Assessment and evaluation of health services
36	Assessment and evaluation of health services
	(1)	A health facility QAC for a health facility may assess and evaluate health services provided by health service providers for the health facility by carrying out a quality assurance activity with the health service providers.
	(2)	A health professional organisation QAC for a health professional organisation may assess and evaluate health services provided by health service providers who are members of a health professional organisation by carrying out a quality assurance activity with the health service providers.
	(3)	A special purpose QAC may, for a purpose for which it was approved, assess and evaluate health services provided by health service providers for any health facility by carrying out a quality assurance activity with the health service providers.
	(4)	In this section:
quality assurance activity means an activity approved as a quality assurance activity under section 37.
37	Approval of quality assurance activities
	(1)	The Minister may approve an activity as a quality assurance activity if satisfied that the activity is designed to evaluate, monitor or improve the quality of a health service.
	(2)	An approval is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
Examples of activities designed to evaluate, monitor or improve the quality of a health service
1	clinical audits
2	records audits
3	peer review
4	quality review
5	investigation into disease and death.
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
38	Preparing health service reports
	(1)	This section applies to a quality assurance committee if it completes an assessment and evaluation under section 36.
	(2)	The quality assurance committee must prepare a report (a health service report) about the assessment and evaluation.
Note	The report must be prepared as soon as possible (see Legislation Act, s 151B).
	(3)	The health service report must include the following:
	(a)	details of the health services assessed and evaluated;
	(b)	the results of the assessment and evaluation;
	(c)	the committee’s conclusions;
	(d)	the committee’s recommendations (if any).
39	Giving health service reports to CEO or chief executive
	(1)	This section applies to a quality assurance committee if it prepares a health service report.
	(2)	The quality assurance committee must give a copy of the report to—
	(a)	if the committee is a health facility QAC for a health facility—the CEO of the health facility; or
	(b)	if the committee is a health professional organisation QAC for a health professional organisation—the CEO of the health professional organisation; or
	(c)	if the committee is a special purpose QAC—the chief executive.
Note	The report must be given as soon as possible (see Legislation Act, s 151B).
40	Monitoring implementation of recommendations
If a quality assurance committee makes a recommendation in a health service report, the committee may monitor the implementation of the recommendation.
Division 4.4	Quality assurance committees—reporting
41	Annual quality assurance committee report to Minister
	(1)	A quality assurance committee must, for each financial year, prepare a report (a ministerial report) about the committee’s operation during the year.
	(2)	The ministerial report must include information for the financial year about—
	(a)	the committee’s functions under division 4.3 (Assessment and evaluation of health services); and
	(b)	how the committee’s functions were facilitated by the members, and other people mentioned in section 34, being protected from liability under section 34 (Quality assurance committees—protection of members etc from liability); and
	(c)	why it was in the public interest for part 8 (Secrecy) to apply to information held by the committee members.
	(3)	The ministerial report must comply with any requirements prescribed by regulation for this section.
	(4)	The ministerial report must not include sensitive information.
Note	Sensitive information is defined in s 124.
	(5)	The ministerial report must be given to the Minister not later than 3 months after the end of the financial year.
42	Other quality assurance committee reports
	(1)	A quality assurance committee must prepare a report prescribed by regulation for this section.
	(2)	The report must include the following information about the operation of the committee—
	(a)	how the committee’s functions were facilitated by the members, and other people mentioned in section 34, being protected from liability under section 34 (Quality assurance committees—protection of members etc from liability); and
	(b)	why it was in the public interest for part 8 (Secrecy) to apply to information held by the committee members.
	(3)	The report must not include sensitive information.
Note	Sensitive information is defined in s 124.
Division 4.5	Quality assurance committees—information sharing
43	Quality assurance committees—giving information to the Coroner’s Court
A quality assurance committee must not give protected information to the Coroner’s Court unless the committee is satisfied that giving the information would be likely to facilitate the improvement of health services provided in the ACT.
Note	Protected information includes sensitive information (see s 123).
44	Quality assurance committees—giving information to other quality assurance committees
A quality assurance committee must not give protected information to another quality assurance committee unless the committee is satisfied that giving the information would be likely to facilitate the improvement of health services provided in the ACT.
Note	Protected information includes sensitive information (see s 123).
45	Quality assurance committees—giving information to health board
A quality assurance committee must not give protected information to a health board unless the committee is satisfied that giving the information would be likely to facilitate the improvement of health services provided in the ACT.
Note	Protected information includes sensitive information (see s 123).
46	Quality assurance committees—giving information to Minister
A quality assurance committee must not give protected information to the Minister unless—
	(a)	the information is not sensitive information; and
	(b)	the committee is satisfied that giving the information would be likely to facilitate the improvement of health services provided in the ACT.
47	Quality assurance committees—admissibility of evidence
	(1)	The following are not admissible as evidence in a proceeding before a court:
	(a)	an oral statement made in a proceeding before a quality assurance committee;
	(b)	a document given to a quality assurance committee, but only to the extent that it was prepared only for the committee;
	(c)	a document prepared by a quality assurance committee.
	(2)	In this section:
court includes a tribunal, authority or person with power to require the production of documents or the answering of questions.

Part 5	Reviewing clinical privileges
    
50	Definitions—pt 5
In this part:
CEO, of a health facility—see section 53.
clinical privileges, of a doctor or dentist, for a health facility—see section 54.
clinical privileges report—see section 67.
clinical privileges review notice—see section 70.
dentist, for a health facility—see section 52.
doctor, for a health facility—see section 52.
hospital includes a day hospital.
review clinical privileges—see section 55.
Note	Clinical privileges committee is defined for the Act in s 51.
51	What is a clinical privileges committee?
In this Act:
clinical privileges committee means a committee approved under section 56 as a clinical privileges committee.
52	Who is a doctor or dentist for a health facility?
In this Act:
dentist, for a health facility, means a dentist who—
	(a)	provides health services at the health facility; or
	(b)	uses the equipment or other facilities of the health facility to provide health services elsewhere.
doctor, for a health facility, means a doctor who—
	(a)	provides health services at the health facility; or
	(b)	uses the equipment or other facilities of the health facility to provide health services elsewhere.
53	Who is the CEO of a health facility?
In this part:
CEO, of a health facility, means—
	(a)	for a health facility operated by the Territory—the chief executive; or
	(b)	in any other case—the person with overall responsibility for the control of the health facility.
54	What are clinical privileges?
In this part:
clinical privileges, of a doctor, or dentist for a health facility, means the rights of the doctor or dentist—
	(a)	to treat patients or carry out other procedures at the health facility; or
	(b)	to use the equipment or other facilities of the health facility.
55	Meaning of review clinical privileges
In this part:
review clinical privileges includes assess and evaluate clinical privileges.
56	Approval of clinical privileges committees
	(1)	The Minister may approve a stated committee as a clinical privileges committee.
	(2)	An approval is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
57	Clinical privileges committees—criteria for approval
The Minister may approve a committee as a clinical privileges committee under section 56 only if satisfied that—
	(a)	the committee’s functions would be facilitated by the members, and other people mentioned in section 63, being protected from liability under section 63 (Clinical privileges committees—protection of members etc from liability); and
	(b)	it is in the public interest for part 8 (Secrecy) to apply to information held by the committee members.
58	Clinical privileges committees—revocation of approval
The Minister may revoke the approval of a committee as a clinical privileges committee if the Minister is not satisfied about 1 or both of the criteria mentioned in section 57 in relation to the committee.
Note	Power to make a statutory instrument includes power to amend or repeal the instrument.  The power to amend or repeal the instrument is exercisable in the same way, and subject to the same conditions, as the power to make the instrument (see Legislation Act, s 46).
59	Clinical privileges committees—functions
A clinical privileges committee has the following functions:
	(a)	to review the clinical privileges of doctors, and dentists, for health facilities;
	(b)	any other function given to the committee under this Act.
60	Clinical privileges committees—appointment of members
The chief executive must appoint the members of a clinical privileges committee.
Note 1	For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2	In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
Note 3	A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint).
61	Clinical privileges committees—disclosure of interests
	(1)	Section 190 (Disclosure of interests by committee members) applies to clinical privileges committees.
	(2)	If a person acting under the direction of a clinical privileges committee has a material interest in an issue being considered, or about to be considered, by the committee, the person must disclose the nature of the interest at a committee meeting as soon as practicable after the relevant facts come to the person’s knowledge.
	(3)	In this section:
material interest—see section 190 (4).
62	Clinical privileges committees—procedure
In exercising its functions, a clinical privileges committee—
	(a)	must comply with the rules of natural justice; and
	(b)	is not bound by the rules of evidence but may inform itself of anything in the way it considers appropriate; and
	(c)	may do whatever it considers necessary or convenient for the fair and prompt conduct of its functions.
63	Clinical privileges committees—protection of members etc from liability
	(1)	In this section:
relevant person, for a clinical privileges committee—
	(a)	means a person who is, or has been, a member of the committee; and
	(b)	includes anyone engaging in conduct under the direction of a person who is a member of the committee.
	(2)	A relevant person for a clinical privileges committee is not personally liable for anything done or omitted to be done honestly and without recklessness—
	(a)	in the exercise of a function under this Act; or
	(b)	in the reasonable belief that the act or omission was in the exercise of a function under this Act.
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).
	(3)	Any civil liability that would, apart from this section, attach to a relevant person for a clinical privileges committee attaches instead to the Territory.
64	Clinical privileges committees—obtaining information
	(1)	A clinical privileges committee carrying out a function under this Act may ask anyone to give the committee information, including protected information, that is relevant to the committee carrying out the function.
Note	The identity of a person who gives information to a committee under this section is protected (see pt 8).
	(2)	When asking anyone for information, the committee must tell the person that giving false or misleading information is an offence against the Criminal Code, section 338 (Giving false or misleading information).
	(3)	If someone gives information honestly and without recklessness to a clinical privileges committee under subsection (1)—
	(a)	the giving of the information is not—
	(i)	a breach of confidence; or
	(ii)	a breach of professional etiquette or ethics; or
	(iii)	a breach of a rule of professional conduct; and
	(b)	the person does not incur civil or criminal liability only because of the giving of the information.
65	Review of clinical privileges
A clinical privileges committee may review the clinical privileges of a doctor, or dentist, for a health facility.
66	Clinical privileges committee must give doctor or dentist opportunity to explain
	(1)	This section applies to a clinical privileges committee if—
	(a)	the committee is reviewing the clinical privileges of a doctor, or dentist, for a health facility; and
	(b)	the committee proposes to recommend in a clinical privileges report that—
	(i)	the clinical privileges of the doctor or dentist should be amended or be withdrawn; or
	(ii)	the terms of engagement of the doctor or dentist by the health facility should be amended; or
	(iii)	the engagement of the doctor or dentist by the health facility should be suspended or ended.
Note	Clinical privileges reports are prepared under s 67.
	(2)	The committee must give the doctor or dentist a written notice (a recommendation notice) stating—
	(a)	the committee’s proposed recommendation; and
	(b)	the reasons for the committee’s proposed recommendation; and
	(c)	that the doctor or dentist may, not later than 21 days after the day the recommendation notice is given to the doctor or dentist, make a submission to the committee about the proposed recommendation.
	(3)	A recommendation notice must not include sensitive information.
Note	Sensitive information is defined in s 124.
	(4)	The committee must consider any submission made by the doctor or dentist to the committee in accordance with the notice.
67	Preparing clinical privileges reports
	(1)	This section applies to a clinical privileges committee if—
	(a)	the committee is reviewing the clinical privileges of a doctor, or dentist, for a health facility, under section 65; and
	(b)	if the committee has given the doctor or dentist a recommendation notice under section 66—the committee has considered any submission made by the doctor or dentist in accordance with the notice; and
	(c)	the committee has completed the review.
	(2)	The clinical privileges committee must prepare a report (a clinical privileges report) about the review.
Note	The report must be prepared as soon as possible (see Legislation Act, s 151B).
	(3)	The clinical privileges report must include the committee’s recommendations about whether—
	(a)	the clinical privileges of the doctor or dentist should stay the same, be amended or be withdrawn; and
	(b)	the terms of engagement of the doctor or dentist by the health facility should be amended; and
	(c)	the engagement of the doctor or dentist by the health facility should be suspended or ended.
68	Giving clinical privileges reports to CEO of health facility and doctor or dentist
	(1)	This section applies to a clinical privileges committee if the committee prepares a clinical privileges report about a doctor, or dentist, for a health facility.
	(2)	The committee must give a copy of the report to—
	(a)	the CEO of the health facility; and
	(b)	the doctor or dentist.
Note	The report must be given as soon as possible (see Legislation Act, s 151B).
69	CEO to make decision on clinical privileges report
	(1)	This section applies if the CEO of a health facility is given a clinical privileges report about a doctor, or dentist, for the health facility.
	(2)	The CEO must—
	(a)	consider the recommendations in the clinical privileges report; and
	(b)	decide whether to take—
	(i)	the action recommended in the clinical privileges report; or
	(ii)	any other action that the committee could have recommended under section 67 (3) that the CEO considers appropriate.
Note 1	The CEO must consider the recommendations and make a decision as soon as possible (see Legislation Act, s 151B).
Note 2	A decision of the CEO under this section is a reviewable decision (see pt 9).
70	CEO to tell doctor or dentist of decision on clinical privileges report
	(1)	This section applies if the CEO of a health facility—
	(a)	is given a clinical privileges report about a doctor, or dentist, for the health facility; and
	(b)	decides under section 69 whether to take action on the report.
	(2)	The CEO of the health facility must tell the following people about the decision (a clinical privileges review notice):
	(a)	each doctor or dentist for the health facility whose clinical privileges or engagement will be affected by the action the CEO has decided to take;
	(b)	the clinical privileges committee that prepared the clinical privileges report that the CEO considered in making the decision.
	(3)	The clinical privileges review notice must include the following information:
	(a)	if a doctor or dentist’s clinical privileges are to stay the same—a statement to that effect;
	(b)	if a doctor or dentist’s clinical privileges are being amended—how the clinical privileges are being amended;
	(c)	if a doctor or dentist’s clinical privileges are being withdrawn—a statement to that effect;
	(d)	if a term of engagement of a doctor or dentist by a health facility is being amended—how the term is being amended;
	(e)	if the engagement of a doctor or dentist by a health facility is being suspended—the period for which the engagement is being suspended;
	(f)	if the engagement of a doctor or dentist by a health facility is being ended—a statement to that effect;
	(g)	when the decision takes effect.
	(4)	The clinical privileges review notice must be in accordance with the requirements for a reviewable decision notice.
Note	The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.
71	When decision on clinical privileges report takes effect
A decision of the CEO of a health facility under section 69 in relation to a doctor, or dentist, for the health facility takes effect on the later of the following days:
	(a)	the day stated in the clinical privileges review notice for the decision;
	(b)	the day the clinical privileges review notice is given to the doctor or dentist.
72	Clinical privileges committees—giving information to health board
A clinical privileges committee must not give protected information to a health board unless the committee is satisfied that giving the information would be likely to facilitate the improvement of health services provided in the ACT.
Note	Protected information includes sensitive information (see s 123).
73	Clinical privileges committees—admissibility of evidence
	(1)	The following are not admissible as evidence in a proceeding before a court:
	(a)	an oral statement made in a proceeding before a clinical privileges committee;
	(b)	a document given to a clinical privileges committee, but only to the extent that it was prepared only for the committee;
	(c)	a document prepared by a clinical privileges committee.
	(2)	In this section:
court includes a tribunal, authority or person with power to require the production of documents or the answering of questions.
74	Pt 5 obligations—no contracting out
To remove any doubt, this part applies in relation to a doctor or dentist for a health facility despite anything to the contrary in a term of the doctor’s or dentist’s engagement.

Part 6	Abortions
    
80	Meaning of abortion for pt 6
In this part: 
abortion means causing a woman’s miscarriage by:
	(a)	administering a drug; or
	(b)	using an instrument; or
	(c)	any other means.
81	Only doctor may carry out abortion
A person who is not a doctor must not carry out an abortion.
Maximum penalty:  imprisonment for 5 years.
82	Abortion to be carried out in approved medical facility
A person must not carry out an abortion except in a medical facility, or part of a medical facility, approved under section 83 (1). 
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
83	Approval of facilities
	(1)	If a medical facility is suitable on medical grounds for carrying out abortions, the Minister may approve the medical facility or an appropriate part of the medical facility.
	(2)	An approval is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act 2001.
	(3)	The Minister must not unreasonably refuse or delay a request for approval of a medical facility under subsection (1).
84	No obligation to carry out abortion
	(1)	No-one is under a duty (by contract or by statutory or other legal requirement) to carry out or assist in carrying out an abortion.
	(2)	A person is entitled to refuse to assist in carrying out an abortion.

Part 7	VMO service contracts
100	Definitions for pt 7
In this part:
authorised representative means an entity authorised as a representative under section 105.
core conditions means conditions determined under section 102.
entity means a corporation or an unincorporated association.
negotiating agent means an entity approved as a negotiating agent under section 104.
negotiating period—see section 103 (2).
practice corporation, of a VMO, means a corporation that is controlled or conducted by the VMO and by which the VMO conducts his or her practice as a doctor or dentist.
service contract means a contract for services, between the Territory and a VMO (or the VMO’s practice corporation), under which the VMO is to provide health services to or for the Territory.
VMO (visiting medical officer) means a doctor or dentist who is engaged, or who the Territory proposes to engage, under a service contract.
101	Service contracts
	(1)	The Territory must not enter into a service contract unless it includes the core conditions that apply to the contract.
	(2)	A service contract entered into in contravention of subsection (1) is void.
	(3)	A condition of a service contract that is inconsistent with a core condition that applies to the contract is void to the extent of the inconsistency.
102	Core conditions
	(1)	The Minister may determine core conditions for service contracts.
	(2)	The Minister must not determine a condition as a core condition unless the condition has been—
	(a)	agreed in collective negotiations under section 103; or
	(b)	decided by arbitration under section 106. 
	(3)	A determination of core conditions is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
103	Collective negotiations
	(1)	The Territory may negotiate with a negotiating agent, or negotiating agents, to establish proposed core conditions for service contracts.
	(2)	Before beginning collective negotiations, the Minister must determine a period (the negotiating period) for the negotiations.
	(3)	A negotiating period determined after 31 December 2003 must not be shorter than 3 months unless the parties to the negotiations agree to a shorter negotiating period.
	(4)	A determination of a negotiating period is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
104	Negotiating agents
	(1)	The Minister may, in writing, approve an entity as a negotiating agent.
	(2)	The Minister must not approve an entity as a negotiating agent unless the Minister is satisfied that—
	(a)	the entity is the authorised representative of at least 50 VMOs who, between them, belong to at least 3 of the following categories:
	(i)	physician;
	(ii)	surgeon;
	(iii)	obstetrician and gynaecologist;
	(iv)	anaesthetist;
	(v)	general practitioner or other doctor or dentist; and
	(b)	the entity is not disqualified under subsection (3); and
	(c)	the entity is otherwise suitable to be a negotiating agent having regard to anything that may reasonably influence that decision, including the following:
	(i)	any criminal or civil court proceedings in which the entity or an executive officer of the entity has been concerned in the previous 10 years;
	(ii)	any levy of execution against the entity or an executive officer of the entity that is not satisfied;
	(iii)	whether an executive officer of the entity has ceased to carry on business, or has been involved in the management of an entity that has ceased to carry on business, with the result that creditors were not fully paid or are unlikely to be fully paid.
	(3)	For subsection (2) (b), an entity is disqualified if—
	(a)	the entity, or an executive officer of the entity, has been convicted, in the ACT or elsewhere, of—
	(i)	an offence punishable by imprisonment for longer than 1 year; or
	(ii)	an offence that involves dishonesty and is punishable by imprisonment for 3 months or longer; or
	(b)	the entity has a receiver, receiver and manager, or provisional liquidator appointed over part or all of its affairs, or is otherwise under external administration; or
	(c)	the entity is insolvent, enters into voluntary administration or makes an arrangement with its creditors or takes the benefit of any law for the relief of insolvent debtors; or
	(d)	the executive officer of the entity is disqualified from managing corporations under the Corporations Act, part 2D.6 (Disqualification from managing corporations).
	(4)	In this section:
executive officer, of an entity, means a person, by whatever name called, and whether or not the person is a director of the entity, who is concerned with or takes part in the management of the entity. 
105	Authorised representatives
	(1)	A VMO may, in writing, authorise 1 entity to represent the VMO in collective negotiations under section 103.
Note	If a form is approved under s 194 for an authorisation, the form must be used.
	(2)	The authorisation must nominate 1 of the categories mentioned in section 104 (2) (a) as the category to which the VMO belongs.
106	Arbitration
	(1)	This section applies if agreement is not reached in collective negotiations between the Territory and a negotiating agent or negotiating agents in relation to a matter before the end of the negotiating period.
	(2)	Unless resolved by mediation beforehand, the matter must be decided by arbitration.
	(3)	The arbitration must be conducted under the Commercial Arbitration Act 1986 and in accordance with principles and rules determined by the Minister.
	(4)	That Act applies to the arbitration as if the determined principles and rules were an arbitration agreement between the Territory and the negotiating agent or negotiating agents.
	(5)	The principles and rules—
	(a)	must be determined by the Minister having regard to the objective of improving the efficiency, effectiveness and quality of health services, and other public interest considerations; and
	(b)	must include a requirement that the arbitrator has appropriate experience, including in determining industrial awards; and
	(c)	must be fair and reasonable.
	(6)	A determination of principles and rules for arbitration is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
107	Competition and Consumer Act authorisation
For the Competition and Consumer Act 2010 (Cwlth) and the Competition Code of the ACT, the following are authorised:
	(a)	collective negotiations between the Territory and an approved negotiating agent, or approved negotiating agents, under this part;
	(b)	the conditions agreed in those negotiations; 
	(c)	service contracts containing core conditions;
	(d)	everything done under a service contract.

Part 8	Secrecy
120	Definitions—pt 8
In this part:
divulge—see section 121.
information holder—see section 122.
protected information—see section 123.
Note	Sensitive information is defined for the Act in s 124.
121	When is information divulged?
In this part:
divulge includes communicate.
122	Who is an information holder?
For this part, a person is an information holder if—
	(a)	the person is or has been—
	(i)	a member of a quality assurance committee; or
	(ii)	a member of a clinical privileges committee; or
	(iii)	someone else exercising a function under part 4 (Quality assurance) or part 5 (Reviewing clinical privileges); or
	(iv)	someone else engaged in the administration of part 4 (Quality assurance) or part 5 (Reviewing clinical privileges); or
	(b)	the person has been given information under this Act by a person mentioned in paragraph (a).
Note	Information may be given to people under various provisions of pt 4 and pt 5, including:
·	s 39 (Giving health service reports to CEO or chief executive)
·	s 43 (Quality assurance committees—giving information to the Coroner’s Court)
·	s 44 (Quality assurance committees—giving information to other quality assurance committees)
·	s 45 (Quality assurance committees—giving information to health board)
·	s 72 (Clinical privileges committees—giving information to health board).
123	What is protected information?
	(1)	For this part, information is protected information about a person if it is information about the person that is disclosed to, or obtained by, an information holder because of the exercise of a function under this Act by the information holder or someone else.
	(2)	Without limiting subsection (1), protected information includes sensitive information.
124	What is sensitive information?
In this Act:
sensitive information means information that—
	(a)	identifies a person who—
	(i)	has received a health service; or
	(ii)	is a health service provider; or
	(iii)	has provided information to a quality assurance committee under section 35 (Quality assurance committees—obtaining information) or otherwise in the course of the committee carrying out the committee’s functions under this Act; or
	(iv)	has provided information to a clinical privileges committee under section 64 (Clinical privileges committees—obtaining information) or otherwise in the course of the committee carrying out the committee’s functions under this Act; or
	(b)	would allow the identity of the person to be worked out.
125	Offence—secrecy of protected information
	(1)	An information holder commits an offence if—
	(a)	the information holder—
	(i)	makes a record of protected information about someone else; and
	(ii)	is reckless about whether the information is protected information about someone else; or
	(b)	the information holder—
	(i)	does something that divulges protected information about someone else; and
	(ii)	is reckless about whether—
	(A)	the information is protected information about someone else; and
	(B)	doing the thing would result in the information being divulged to another person.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
	(2)	This section does not apply to the making of a record or the divulging of information if the record is made or the information divulged—
	(a)	under this Act; or
	(b)	in the exercise of a function, as an information holder, under this Act.
	(3)	This section does not apply to the making of a record or the divulging of information if—
	(a)	the protected information is not sensitive information; and
	(b)	the record is made or the information divulged—
	(i)	under another territory law; or
	(ii)	in the exercise of a function, as an information holder, under another territory law.
	(4)	This section does not apply to the divulging of protected information about someone with the person’s agreement.
	(5)	An information holder must not divulge protected information to a court, or produce a document containing protected information to a court, unless it is necessary to do so for this Act.
Note	A quality assurance committee may give protected information to the Coroner’s Court (see s 43).
	(6)	In this section:
court includes a tribunal, authority or person with power to require the production of documents or the answering of questions.
produce includes allow access to.
126	Information may be given to Medicare Australia
	(1)	The CEO of a health facility may give protected information about a health service provided by a health service provider for the health facility to—
	(a)	Medicare Australia; or
	(b)	the auditor-general.
Note	Protected information includes sensitive information (see s 123).
	(2)	However, the CEO must not give the information unless—
	(a)	the CEO is satisfied that the giving of the information will help the prevention or detection of fraud; and
	(b)	the Minister agrees, in writing, to the giving of the information.
	(3)	In this section:
CEO, of a health facility—see section 22.
Medicare Australia—see the Medicare Australia Act 1973 (Cwlth).

Part 8A	Offence—provision of health services by non-health practitioners
127	Provision of regulated health service by person not health practitioner
	(1)	A person commits an offence if—
	(a)	the person intentionally provides a regulated health service; and
	(b)	the person is not a health practitioner.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
Example—someone providing a regulated health service to someone in the ACT when not a health practitioner
A person (Dr W) provides a medical service by a video link from an island in the south Pacific to Mary Smith in the ACT.  Dr W advises Mary that she needs to have her tonsils removed.  Dr W is not a health practitioner. Dr W contravenes this subsection.
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	This section does not apply to—
	(a)	a health service provided in an emergency; or
	(b)	the provision, by mail order, or over the internet or by other electronic means, of manufactured aids to rehabilitation or surgical prosthetics and orthotics; or
	(c)	a health service ordinarily provided in the ordinary course of business by people other than health practitioners.
Example—par (b)
dental restorative or corrective devices
	(3)	In this section:
regulated health service means a health service ordinarily provided by a health practitioner.

Part 9	Pharmacists and pharmacy premises
128	Meaning of community pharmacy—pt 9
In this part:
community pharmacy—see the Medicines, Poisons and Therapeutic Goods Act 2008, dictionary.
128A	Complying pharmacy corporation
A corporation is a complying pharmacy corporation if the corporation—
	(a)	has a constitution that provides that—
	(i)	the object of the corporation is to practise as a pharmacist; and
	(ii)	only an individual who is a pharmacist may be a director; and
	(iii)	a director cannot be a director of another incorporated pharmacist without the written consent of the board; and
	(iv)	all voting rights exercisable at a general meeting of the corporation are exercisable only by or on behalf of pharmacists who are directors or employees of the corporation; and
	(v)	a shareholder in the corporation must be either a pharmacist or a close relative of a shareholder; and
	(b)	has a constitution that ensures that each share in the corporation is beneficially owned by—
	(i)	a pharmacist who is a director or employee of the corporation; or
	(ii)	a close relative of a person mentioned in subparagraph (i); and
	(c)	for a corporation that is to practise pharmacy as a trustee—is only a party to a trust deed that relates to the corporation’s practice as a pharmacist if—
	(i)	the deed provides that all beneficiaries are to be pharmacists who are directors or employees of the corporation or close relatives of the pharmacists; and
	(ii)	the proposed trust deed has been approved in writing by the national board; and
	(d)	has a constitution that is appropriate to a corporation formed to practise as a pharmacist.
128B	Standard of premises
	(1)	To protect the public, premises where a pharmacist operates a community pharmacy must—
	(a)	be under the direct, personal control of a pharmacist; and
	(b)	have direct access, or through access, to the premises; and
	(c)	comply with standards approved under subsection (2).
	(2)	The Minister may approve standards about premises for community pharmacies for subsection (1) (c).
	(3)	An approved standard is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
	(4)	A pharmacist must comply with any standard approved under this section.
	(5)	In this section:
through access, to premises, means access to the premises through the public area of a shopping centre, mall, plaza or health centre.
129	Restriction on pharmacy premises—supermarkets
	(1)	A person commits an offence if the person operates a community pharmacy inside, or partly inside, premises being used as a supermarket.
Maximum penalty:  200 penalty units, imprisonment for 2 years or both.
	(2)	A pharmacist commits an offence if the pharmacist practises as a pharmacist in a community pharmacy inside, or partly inside, premises being used as a supermarket.
Maximum penalty:  200 penalty units, imprisonment for 2 years or both.
	(3)	In this section:
supermarket means a large shop selling food and other household items where the selection of goods is organised on a self-serve basis.
Note	This definition is the same as the definition of supermarket in the territory plan.
 M 	129A	Ownership of pharmacy business

Part 10	Review of decisions
130	Review of decisions
A doctor, or dentist, for a health facility may apply to the ACAT for review of a decision of the CEO of the health facility under section 69—
	(a)	to amend or withdraw the clinical privileges of the doctor or dentist; or
	(b)	to amend the terms of engagement of the doctor or dentist; or
	(c)	to suspend or end the engagement of the doctor or dentist.
131	Pt 9 obligations—no contracting out
To remove any doubt, this part applies in relation to a doctor, or dentist, for a health facility despite anything to the contrary in a term of the doctor’s or dentist’s engagement.

Part 15	Miscellaneous
    
190	Disclosure of interests by committee members
	(1)	If a member of a committee to which this section applies has a material interest in an issue being considered, or about to be considered, by the committee, the member must disclose the nature of the interest at a committee meeting as soon as practicable after the relevant facts come to the member’s knowledge.
Note 1	This section applies to a quality assurance committee (see s 32) and a clinical privileges review committee (see s 61).
Note 2	Material interest is defined in s (4).  The definition of indirect interest in s (4) applies to the definition of material interest.
	(2)	The disclosure must be recorded in the committee’s minutes and, unless the committee otherwise decides, the member must not—
	(a)	be present when the committee considers the issue; or
	(b)	take part in a decision of the committee on the issue.
Example
Adam, Ben and Charlotte are members of a quality assurance committee.  They have an interest in an issue being considered at a committee meeting and they disclose the interest as soon as they become aware of it.  Adam’s and Ben’s interests are minor but Charlotte has a direct financial interest in the issue.
The committee considers the disclosures and decides that because of the nature of the interests:
·	Adam may be present when the committee considers the issue but not take part in the decision
·	Ben may be present for the consideration and take part in the decision.
The committee does not make a decision allowing Charlotte to be present or take part in the committee’s decision.  Accordingly, since Charlotte has a material interest she cannot be present for the consideration of the issue or take part in the decision.
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(3)	Any other committee member who also has a material interest in the issue must not be present when the committee is considering its decision under subsection (2).
	(4)	In this section:
associate, of a person, means—
	(a)	the person’s business partner; or
	(b)	a close friend of the person; or
	(c)	a family member of the person.
executive officer, of a corporation, means a person (however described) who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director of the corporation.
indirect interest—without limiting the kinds of indirect interests a person may have, a person has an indirect interest in an issue if any of the following has an interest in the issue:
	(a)	an associate of the person;
	(b)	a corporation if the corporation has not more than 100 members and the person, or an associate of the person, is a member of the corporation;
	(c)	a subsidiary of a corporation mentioned in paragraph (b);
	(d)	a corporation if the person, or an associate of the person, is an executive officer of the corporation;
	(e)	the trustee of a trust if the person, or an associate of the person, is a beneficiary of the trust;
	(f)	a member of a firm or partnership if the person, or an associate of the person, is a member of the firm or partnership;
	(g)	someone else carrying on a business if the person, or an associate of the person, has a direct or indirect right to participate in the profits of the business.
material interest—a committee member has a material interest in an issue if the member has—
	(a)	a direct or indirect financial interest in the issue; or
	(b)	a direct or indirect interest of any other kind if the interest could conflict with the proper exercise of the member’s functions in relation to the committee’s consideration of the issue.
191	References to Health and Community Care Service
	(1)	In any Act, instrument made under an Act, contract or other document, a reference to the Health and Community Care Service is, for the application of that Act, instrument, contract or other document after the commencement of this section, a reference to the Territory.
	(2)	In this section:
Health and Community Care Service means the Australian Capital Territory Health and Community Care Service established by the Health and Community Care Services Act 1996 (repealed).
192	Determination of fees
	(1)	The Minister may determine fees for this Act.
Note	The Legislation Act contains provisions about the making of determinations and regulations relating to fees (see pt 6.3)
	(2)	Without limiting subsection (1), the Minister may determine fees in relation to the provision of health and community care services.
	(3)	A determination is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
	(4)	A determination may adopt a Commonwealth law or a health benefits agreement (or a provision of a Commonwealth law or health benefits agreement) as in force from time to time.
Note 1	The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)).
Note 2	A notifiable instrument must be notified under the Legislation Act.
	(5)	In this section:
Commonwealth law means a Commonwealth Act, or any regulations, rules, ordinance or disallowable instrument under a Commonwealth Act.
disallowable instrument, for a Commonwealth Act, means a disallowable instrument under the Acts Interpretation Act 1901 (Cwlth), section 46A.
health benefits agreement means an agreement between the Territory and an entity that provides health benefits to contributors of a health benefits fund conducted by the entity.
193	Payment of fees and interest
	(1)	A fee is payable to the Territory on or before the payment date.
	(2)	If an amount for a fee remains unpaid after the payment date, in addition to that amount, interest calculated on the aggregate amount at the rate determined by the Minister is payable to the Territory in relation to every month or part of a month that the aggregate amount remains unpaid.
	(3)	A determination is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
	(4)	In this section:
aggregate amount, for a month, means the total of—
	(a)	the amount of the fee; and
	(b)	the amount of interest;
remaining unpaid at the end of the previous month.
payment date, for a fee, means the 28th day after the day when the account for the fee was issued.
194	Approved forms
	(1)	The Minister may approve forms for this Act.
	(2)	If the Minister approves a form for a particular purpose, the form must be used for that purpose.
Note	For other provisions about forms, see Legislation Act, s 255.
	(3)	An approved form is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
195	Regulations about nurse practitioners
	(1)	The regulations may make provision in relation to nurse practitioner positions and the scopes of practice for nurse practitioner positions.
	(2)	In this section:
nurse practitioner position means a position approved under the regulations as a nurse practitioner position.
position means a position (however described) in the public or private sector, whether or not the occupant is an employee.
scope of practice, for a nurse practitioner position, means the manner in which the nurse practitioner who occupies the position may practise as a nurse practitioner, including, for example, the aspects of practice that the nurse practitioner may perform as a nurse practitioner.
Examples for def scope of practice
1	prescribing particular medication
2	referring patients to other health care professionals
3	ordering particular diagnostic investigations
Note	An example is part of the regulations, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
196	Regulation-making power
The Executive may make regulations for this Act.
Note	Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act.

Dictionary
(see s 2)
Note 1	The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2	For example, the Legislation Act, dict, pt 1 defines the following terms:
·	ACAT
·	Act
·	ACT
·	appoint
·	chief executive (see s 163)
·	Commonwealth
·	Coroner’s Court
·	entity
·	exercise
·	function
·	health practitioner
·	in relation to
·	interest
·	make
·	pharmacist
·	proceeding
·	territory authority
·	territory law
·	the Territory
·	tribunal.
abortion, for part 6 (Abortions)—see section 80.
authorised representative, for part 7 (VMO service contracts)—see section 100.
CEO—
	(a)	of a health facility, for part 4 (Quality assurance)—see section 22; and
	(b)	of a health professional organisation, for part 4 (Quality assurance)—see section 23; and
	(c)	of a health facility, for part 5 (Reviewing clinical privileges)—see section 53.
clinical privileges, of a doctor or dentist, for a health facility, for part 5 (Reviewing clinical privileges)—see section 54.
clinical privileges committee—see section 51.
clinical privileges report, for part 5 (Reviewing clinical privileges)—see section 67.
clinical privileges review notice, for part 5 (Reviewing clinical privileges)—see section 70.
community pharmacy, for part 9 (Pharmacists and pharmacy premises)—see section 128.
core conditions, for part 7 (VMO service contracts)—see section 100.
day hospital means a facility where a person is admitted for surgical or medical treatment and discharged on the same day.
dentist, for a health facility, for part 5 (Reviewing clinical privileges)—see section 52.
divulge, for part 8 (Secrecy)—see section 121.
doctor, for a health facility, for part 5 (Reviewing clinical privileges)—see section 52.
engage in conduct means—
	(a)	do an act; or
	(b)	omit to do an act.
entity, for part 7 (VMO service contracts)—see section 100.
health board means—
	(a)	a national board under the Health Practitioner Regulation National Law (ACT); or
	(b)	a health profession board under the Health Professionals Act 2004.
health facility—see section 6.
health facility QAC, for a health facility, for part 4 (Quality assurance)—see section 20.
health professional organisation, for part 4 (Quality assurance)—see section 21.
health professional organisation QAC, for a health professional organisation, for part 4 (Quality assurance)—see section 20.
health service—see section 5.
health service provider—see section 7.
health service report, for part 4 (Quality assurance)—see section 38.
hospital, for part 5 (Reviewing clinical privileges)—see section 50.
information holder, for part 8 (Secrecy)—see section 122.
ministerial report, for part 4 (Quality assurance)—section 41.
negotiating agent, for part 7 (VMO service contracts)—see section 100.
negotiating period, for part 7 (VMO service contracts)—see section 103 (2).
practice corporation, for part 7 (VMO service contracts)—see section 100.
protected information—see section 123.
quality assurance committee—see section 24.
review clinical privileges, for part 5 (Reviewing clinical privileges)—see section 55.
sensitive information—see section 124.
service contract, for part 7 (VMO service contracts)—see section 100.
special purpose QAC, for part 4 (Quality assurance), for a purpose stated in the approval—see section 20.
VMO, or visiting medical officer, for part 7 (VMO service contracts)—see section 100.

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
2	Abbreviation key

A = Act	NI = Notifiable instrument	
AF = Approved form	o = order	
am = amended	om = omitted/repealed	
amdt = amendment	ord = ordinance	
AR = Assembly resolution	orig = original	
ch = chapter	par = paragraph/subparagraph	
CN = Commencement notice	pres = present	
def = definition	prev = previous	
DI = Disallowable instrument	(prev...) = previously	
dict = dictionary	pt = part	
disallowed = disallowed by the Legislative 	r = rule/subrule	
Assembly	reloc = relocated	
div = division	renum = renumbered	
exp = expires/expired	R[X] = Republication No	
Gaz = gazette	RI = reissue	
hdg = heading	s = section/subsection	
IA = Interpretation Act 1967	sch = schedule	
ins = inserted/added	sdiv = subdivision	
LA = Legislation Act 2001	SL = Subordinate law	
LR = legislation register	sub = substituted	
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced	
mod = modified/modification	or to be expired	
3	Legislation history
Health Act 1993 No 13
notified 1 March 1993 (Gaz 1993 No S23)
commenced 1 March 1993 (s 2)
as amended by
Health (Amendment) Act 1994 No 23
notified 20 May 1994 (Gaz 1994 No S87)
commenced 20 May 1994 (s 2)
Public Sector Management (Consequential and Transitional Provisions) Act 1994 No 38 sch 1 pt 44
notified 30 June 1994 (Gaz 1994 No S121)
s 1, s 2 commenced 30 June 1994 (s 2 (1))
sch 1 pt 44 commenced 1 July 1994 (s 2 (2) and Gaz 1994 No S142)
Administrative Appeals (Consequential Amendments) Act 1994 No 60 sch 1 
notified 11 October 1994 (Gaz 1994 No S197)
s 1, s 2 commenced 11 October 1994 (s 2 (1))
sch 1 commenced 14 November 1994 (s 2 (2) and see Gaz 1994 No S250)
Health and Community Care Services (Consequential Provisions) Act 1996 No 35 sch
notified 1 July 1996 (Gaz 1996 No S130)
commenced 1 July 1996 (s 2)
Health (Amendment) Act 1998 No 50
notified 16 November 1998 (Gaz 1998 No S205)
commenced 16 November 1998 (s 2)
Statute Law Revision (Penalties) Act 1998 No 54 sch
notified 27 November 1998 (Gaz 1998 No S207)
s 1, s 2 commenced 27 November 1998 (s 2 (1))
sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)
Legislation (Consequential Amendments) Act 2001 No 44 pt 175
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 175 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Statute Law Amendment Act 2001 (No 2) 2001 No 56 pt 1.3
notified 5 September 2001 (Gaz 2001 No S65)
s 1, s 2 commenced 5 September 2001 (IA s 10B)
amdts 1.3-1.8, 1.10-1.13, 1.15, 1.16, 1.17, 1.35 commenced 12 September 2001 (s 2 (2))
pt 1.3 remainder commenced 5 September 2001 (s 2 (1))
Health and Community Care Services (Repeal and Consequential Amendments) Act 2002 No 47 pt 1.2
notified LR 20 December 2002
s 1, s 2 commenced 20 December 2002 (LA s 75 (1))
pt 1.2 commenced 31 December 2002 (s 2)
Statute Law Amendment Act 2003 A2003-41 sch 1 pt 1.1
notified LR 11 September 2003
s 1, s 2 commenced 11 September 2003 (LA s 75 (1))
sch 1 pt 1.1 commenced 9 October 2003 (s 2 (1))
Health Amendment Act 2003 A2003-43
notified LR 29 September 2003
s 1, s 2 commenced 29 September 2003 (LA s 75 (1))
remainder commenced 30 September 2003 (s 2)
Nurse Practitioners Legislation Amendment Act 2004 A2004-10 pt 2
notified LR 19 March 2004
s 1, s 2 commenced 19 March 2004 (LA s 75 (1))
pt 2 commenced 27 May 2004 (s 2 and CN2004-9)
Health Professionals Legislation Amendment Act 2004 A2004-39 sch 1 pt 1.3
notified LR 8 July 2004
s 1, s 2 commenced 8 July 2004 (LA s 75 (1))
sch 1 pt 1.3 commenced 7 July 2005 (s 2 and see Health Professionals Act 2004 A2004-38, s 2 and CN2005-11)
Health Legislation Amendment Act 2005 A2005-28 amdt 1.70
notified LR 6 July 2005
s 1, s 2 commenced 6 July 2005 (LA s 75 (1))
amdt 1.70 commenced 7 July 2005 (s 2)
Criminal Code Harmonisation Act 2005 A2005-54 sch 1 pt 1.24
notified LR 27 October 2005
s 1, s 2 commenced 27 October 2005 (LA s 75 (1))
sch 1 pt 1.24 commenced 24 November 2005 (s 2)
Statute Law Amendment Act 2005 (No 2) A2005-62 sch 3 pt 3.10
notified LR 21 December 2005
s 1, s 2 commenced 21 December 2005 (LA s 75 (1))
sch 3 pt 3.10 commenced 11 January 2006 (s 2 (1))
Health Legislation Amendment Act 2006 A2006-27 pt 2, sch 1
notified LR 14 June 2006
s 1, s 2 commenced 14 June 2006 (LA s 75 (1))
pt 2, sch 1 commenced 14 December 2006 (s 2 and LA s 79)
Health Legislation Amendment Act 2006 (No 2) A2006-46 sch 2 pt 2.8
notified LR 17 November 2006
s 1, s 2 commenced 17 November 2006 (LA s 75 (1))
sch 2 pt 2.8 commenced 18 November 2006 (s 2 (2))
Statute Law Amendment Act 2007 (No 2) A2007-16 sch 3 pt 3.18
notified LR 20 June 2007
s 1, s 2 taken to have commenced 12 April 2007 (LA s 75 (2))
sch 3 pt 3.18 commenced 11 July 2007 (s 2 (1))
Medicines, Poisons and Therapeutic Goods Act 2008 A2008-26 sch 2 pt 2.12
notified LR 14 August 2008
s 1, s 2 commenced 14 August 2008 (LA s 75 (1))
sch 2 pt 2.12 commenced 14 February 2009 (s 2 and LA s 79)
ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.53
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.53 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)
Health Practitioner Regulation National Law (ACT) Act 2010 A2010-10 sch 2 pt 2.7
notified LR 31 March 2010
s 1, s 2 commenced 31 March 2010 (LA s 75 (1))
sch 2 pt 2.7 commenced 1 July 2010 (s 2 (1) (a))
as modified by
Health Practitioner Regulation National Law (ACT) (Transitional Provisions) Regulation 2010 (No 2) SL2010-39 s 3 and sch 1
notified LR 11 October 2010
s 1, s 2 commenced 11 October 2010 (LA s 75 (1))
s 3 and sch 1 commenced 12 October 2010 (s 2)
as amended by
Fair Trading (Australian Consumer Law) Amendment Act 2010 A2010‑54 sch 3 pt 3.11
notified LR 16 December 2010
s 1, s 2 commenced 16 December 2010 (LA s 75 (1))
sch 3 pt 3.11 commenced 1 January 2011 (s 2 (1))
Statute Law Amendment Act 2011 A2011-3 sch 3 pt 3.22
notified LR 22 February 2011
s 1, s 2 commenced 22 February 2011 (LA s 75 (1))
sch 3 pt 3.22 commenced 1 March 2011 (s 2)
4	Amendment history
Long title
long title	sub 1998 No 50 s 4
	am 2002 No 47 amdt 1.10
Name of Act
s 1	sub 2001 No 56 amdt 1.3
Dictionary
s 2	om 2001 No 44 amdt 1.2022
	ins 2001 No 56 amdt 1.3
	am A2006-27 s 4; A2010-10 amdt 2.27
Notes
s 3	defs reloc to dict 2001 No 56 amdt 1.6
	sub 2001 No 56 amdt 1.7
Declaration of quality assurance activity
s 3A	renum as s 4
Offences against Act—application of Criminal Code etc
s 4	orig s 4
	renum as s 5 and then s 10
	prev s 4
	(prev s 3A) ins 2001 No 56 amdt 1.8
	renum as s 4 R4 LA (see 2001 No 56 amdt 1.36)
	om A2006-27 s 5
	pres s 4
	(prev s 3A) ins A2005-54 amdt 1.167
	renum as s 4 A2006-27 amdt 1.1
Important concepts
pt 2 hdg	orig pt 2 hdg
	renum as pt 3 hdg
	pres pt 2 hdg
	ins A2006-27 s 5
What is a health service?
s 5	orig s 5
	renum as s 6 and then s 11
	prev s 5
	renum as s 10
	pres s 5
	ins A2006-27 s 5
What is a health facility?
s 6	orig s 6
	renum as s 7 and then s 12
	prev s 6
	renum as s 11
	pres s 6
	ins A2006-27 s 5
	am A2010-10 amdt 2.28
Who is a health service provider?
s 7	orig s 7
	renum as s 8
	prev s 7
	renum as s 12
	pres s 7
	ins A2006-27 s 5
	am A2010-10 amdt 2.29
Appointment of members
s 7A	renum as s 9
Approval of public sector committees
s 8 hdg	(prev s 7 hdg) sub 2001 No 56 amdt 1.10
s 8	(prev s 7) am 1994 No 38 sch 1 pt 44; 1996 No 35 sch; 2001 No 56 amdts 1.10-1.12
	renum as s 8 R4 LA (see 2001 No 56 amdt 1.36)
	am 2002 No 47 amdt 1.12, amdt 1.13
	om A2006-27 s 6
Disclosure of interest
s 8A	renum as s 11
Appointment of members
s 9	(prev s 7A) ins 2001 No 56 amdt 1.13
	renum as s 9 R4 LA (see 2001 No 56 amdt 1.36)
	om A2006-27 s 6
Health care principles
pt 3 hdg	orig pt 3 hdg
	sub 1998 No 50 s 6
	om A2006-27 s 6
	pres pt 3 hdg
	(prev pt 2 hdg) renum as pt 3 hdg A2006-27 amdt 1.2
General
div 3.1 hdg	(prev pt 3 div 1 hdg) renum R4 LA (see 2001 No 56 amdt 1.36)
	om A2006-27 s 6
Confidentiality and evidentiary matters
div 3.2 hdg	(prev pt 3 div 2 hdg) renum R4 LA (see 2001 No 56 amdt 1.36)
	om A2006-27 s 6
Objectives
s 10	orig s 10
	renum as s 13
	prev s 10
	(prev s 8) am 1998 No 50 s 7
	renum as s 10 R4 LA (see 2001 No 56 amdt 1.36)
	om A2006-27 s 6
	pres s 10
	(prev s 4) am 1996 No 35 sch
	renum as s 5 R4 LA (see 2001 No 56 amdt 1.36)
	am 2002 No 47 amdt 1.11
	renum as s 10 A2006-27 amdt 1.3
	am A2011-3 amdt 3.220
Medicare principles and commitments
s 11	orig s 11
	renum as s 14
	prev s 11
	(prev s 8A) ins 1998 No 50 s 8
	renum as s 11 R4 LA (see 2001 No 56 amdt 1.36)
	om A2006-27 s 6
	pres s 11
	(prev s 5) am 1994 No 23 s 4; 2001 No 56 amdt 1.9
	renum as s 6 R4 LA (see 2001 No 56 amdt 1.36)
	renum as s 11 A2006-27 amdt 1.3
Legal effect
s 12	orig s 12
	renum as s 15
	prev s 12
	(prev s 9) am 1998 No 50 s 9; 2001 No 56 amdts 1.14-1.17
	renum as s 12 R4 LA (see 2001 No 56 amdt 1.36)
	am A2003-41 amdt 1.1
	om A2006-27 s 6
	pres s 12
	(prev s 6) renum as s 7 R4 LA (see 2001 No 56 amdt 1.36)
	renum as s 12 A2006-27 amdt 1.3
Nondisclosure of identity—approved public sector committee member
s 13	(prev s 10) am 1998 No 50 s 10; 1998 No 54 sch
	renum as s 13 R4 LA (see 2001 No 56 amdt 1.36)
	sub A2005-54 amdt 1.168
	om A2006-27 s 6
Protection of people assisting committee
s 13AA	renum as s 17
Private sector quality assurance committees
pt 3A hdg	renum as pt 4 hdg
Definitions for pt 4
s 13AB	renum as s 18
Committee to be approved
s 13AC	renum as s 19
Procedure and conduct of matters
s 13AD	renum as s 20
Disclosure of interest
s 13AE	renum as s 21
Nondisclosure of identity
s 13AF	renum as s 22
Admissibility of evidence
s 13AG	renum as s 23
Members not compellable
s 13AH	renum as s 24
Protection of members
s 13AI	renum as s 25
Protection of people assisting committee
s 13AJ	renum as s 26
Interpretation for pt 5
s 13A	renum as s 27
Admissibility of evidence
s 14	(prev s 11) sub 1998 No 50 s 11
	renum as s 14 R4 LA (see 2001 No 56 amdt 1.36)
	om A2006-27 s 6
Members not compellable
s 15 hdg	(prev s 12 hdg) sub A2003-41 amdt 1.1
s 15	(prev s 12) am 1998 No 50 s 12
	renum as s 15 R4 LA (see 2001 No 56 amdt 1.36)
	om A2006-27 s 6
Protection of members
s 16	(prev s 13) am 1996 No 35 sch; 1998 No 50 s 13; 2001 No 56 amdts 1.18-1.24
	renum as s 16 R4 LA (see 2001 No 56 amdt 1.36)
	am 2002 No 47 amdt 1.14
	om A2006-27 s 6
Protection of people assisting committee
s 17	orig s 17
	om 1996 No 35 sch
	pres s 17
	(prev s 13AA) ins 1998 No 50 s 14
	am 2001 No 56 amdt 1.25
	renum as s 17 R4 LA (see 2001 No 56 amdt 1.36)
	am 2002 No 47 amdt 1.14
	om A2006-27 s 6
Quality assurance
pt 4 hdg	(prev pt 3A hdg) ins 1998 No 50 s 15
	renum as pt 4 hdg R4 LA (see 2001 No 56 amdt 1.36)
	sub A2006-27 s 6
Quality assurance—important concepts
div 4.1 hdg	(prev pt 3A div 1 hdg) renum R4 LA (see 2001 No 56 amdt 1.36)
	sub A2006-27 s 6
Definitions for pt 4
s 18	orig s 18
	om 1996 No 35 sch
	pres s 18
	(prev s 13AB) ins 1998 No 50 s 15
	def prescribed body ins 1998 No 50 s 15
	am 2001 No 56 amdt 1.26
	def private day hospital facility ins 1998 No 50 s 15
	renum as s 18 R4 LA (see 2001 No 56 amdt 1.36)
	om A2006-27 s 6
Interpretation for pt 6
s 19A	renum as s 31
Committee to be approved
s 19	(prev s 13AC) ins 1998 No 50 s 15
	am 2001 No 44 amdt 1.2023, amdt 1.2024
	renum as s 19 R4 LA (see 2001 No 56 amdt 1.36)
	om A2006-27 s 6
Definitions—pt 4
s 20	(prev s 13AD) ins 1998 No 50 s 15
	renum as s 20 R4 LA (see 2001 No 56 amdt 1.36)
	sub A2006-27 s 6
	def CEO ins A2006-27 s 6
	def health facility QAC ins A2006-27 s 6
	def health professional organisation ins A2006-27 s 6
	def health professional organisation QAC ins A2006-27 s 6
	def health service report ins A2006-27 s 6
	def ministerial report ins A2006-27 s 6
	def special purpose QAC ins A2006-27 s 6
What is a health professional organisation?
s 21	orig s 21
	renum as s 34
	pres s 21
	(prev s 13AE) ins 1998 No 50 s 15
	renum as s 21 R4 LA (see 2001 No 56 amdt 1.36)
	sub A2006-27 s 6
Who is the CEO of a health facility?
s 22	orig s 22
	renum as s 35 and then s 191
	pres s 22
	(prev s 13AF) ins 1998 No 50 s 15
	renum as s 22 R4 LA (see 2001 No 56 amdt 1.36)
	sub A2005-54 amdt 1.169; A2006-27 s 6
Who is the CEO of a health professional organisation?
s 23	(prev s 13AG) ins 1998 No 50 s 15
	renum as s 23 R4 LA (see 2001 No 56 amdt 1.36)
	sub A2006-27 s 6
Quality assurance—quality assurance committees
div 4.2 hdg	(prev pt 3A div 2 hdg) renum R4 LA (see 2001 No 56 amdt 1.36)
	sub A2006-27 s 6
What is a quality assurance committee?
s 24	(prev s 13AH) ins 1998 No 50 s 15
	renum as s 24 R4 LA (see 2001 No 56 amdt 1.36)
	sub A2006-27 s 6
Approval of health facility QACs
s 25	(prev s 13AI) ins 1998 No 50 s 15
	am 2001 No 56 amdts 1.27-1.33
	renum as s 25 R4 LA (see 2001 No 56 amdt 1.36)
	sub A2006-27 s 6
Approval of health professional organisation QACs
s 26	(prev s 13AJ) ins 1998 No 50 s 15
	am 2001 No 56 amdt 1.34
	renum as s 26 R4 LA (see 2001 No 56 amdt 1.36)
	sub A2006-27 s 6
Approval of special purpose QACs
s 27	(prev s 13A) ins 1996 No 35 sch
	renum as s 27 R4 LA (see 2001 No 56 amdt 1.36)
	sub A2006-27 s 6
Quality assurance committees—criteria for approval
s 28	(prev s 14) am 1994 No 38 sch 1 pt 44; 1998 No 50 s 16
	renum as s 28 R4 LA (see 2001 No 56 amdt 1.36)
	sub A2006-27 s 6
Quality assurance committees—revocation of approval
s 29	(prev s 15) renum as s 29 R4 LA (see 2001 No 56 amdt 1.36)
	sub A2006-27 s 6
Quality assurance committees—functions
s 30	(prev s 16) renum as s 30 R4 LA (see 2001 No 56 amdt 1.36)
	sub A2006-27 s 6
Meaning of abortion for pt 6
s 30A 	renum as s 80
Only doctor may carry out abortion
s 30B	renum as s 81
Abortion to be carried out in approved medical facility
s 30C	renum as s 82
Approval of facilities
s 30D	renum as s 83
No obligation to carry out abortion
s 30E	renum as s 84
Quality assurance committees—appointment of members
s 31	(prev s 19A) ins 1996 No 35 sch
	renum as s 31 R4 LA (see 2001 No 56 amdt 1.36)
	sub A2006-27 s 6
Quality assurance committees—disclosure of interests
s 32	(prev s 19) am 1994 No 38 sch 1 pt 44; 1994 No 60 sch 1
	sub 1998 No 50 s 17
	renum as s 32 R4 LA (see 2001 No 56 amdt 1.36)
	sub A2006-27 s 6
Quality assurance committees—procedure
s 33	(prev s 20) am 1994 No 38 sch 1 pt 44; 1994 No 60 sch 1
	sub 1998 No 50 s 17
	renum as s 33 R4 LA (see 2001 No 56 amdt 1.36)
	sub A2006-27 s 6
Definitions for pt 7
s 33A	renum as s 100
Service contracts
s 33B	renum as s 101
Core conditions
s 33C	renum as s 102
Collective negotiations
s 33D	renum as s 103
Negotiating agents
s 33E	renum as s 104
Authorised representatives
s 33F	renum as s 105
Arbitration
s 33G	renum as s 106
Trade Practices Act authorisation
s 33H	renum as s 107
Quality assurance committees—protection of members etc from liability
s 34	(prev s 21) ins 1994 No 23 s 5
	renum as s 34 R4 LA (see 2001 No 56 amdt 1.36)
	om A2006-27 amdt 1.25
	ins A2006-27 s 6
Quality assurance committees—obtaining information
s 35	orig s 35
	renum as s 191
	pres s 35
	ins A2006-27 s 6
Assessment and evaluation of health services
div 4.3 hdg	ins A2006-27 s 6
Assessment and evaluation of health services
s 36	orig s 36
	renum as s 192
	pres s 36
	ins A2006-27 s 6
Approval of quality assurance activities
s 37	orig s 37
	renum as s 193
	pres s 37
	ins A2006-27 s 6
Approved forms
s 37A	renum as s 194
Regulations about nurse practitioners
s 37B	renum as s 195
Preparing health service reports
s 38	orig s 38
	renum as s 196
	pres s 38
	ins A2006-27 s 6
Giving health service reports to CEO or chief executive
s 39	orig s 39
	ins 2002 No 47 amdt 1.16
	exp 31 December 2003 (s 46)
	prev s 39
	renum as s 240
	pres s 39
	ins A2006-27 s 6
Monitoring implementation of recommendations
s 40	orig s 40
	ins 2002 No 47 amdt 1.16
	exp 31 December 2003 (s 46)
	prev s 40
	renum as s 241
	pres s 40
	ins A2006-27 s 6
Quality assurance committees—reporting
div 4.4 hdg	ins A2006-27 s 6
Annual quality assurance committee report to Minister
s 41	ins 2002 No 47 amdt 1.16
	exp 31 December 2003 (s 46)
	ins A2006-27 s 6
Other quality assurance committee reports
s 42	ins 2002 No 47 amdt 1.16
	exp 31 December 2003 (s 46)
	ins A2006-27 s 6
Quality assurance committees—information sharing
div 4.5 hdg	ins A2006-27 s 6
Quality assurance committees—giving information to the Coroner’s Court
s 43	ins 2002 No 47 amdt 1.16
	exp 31 December 2003 (s 46)
	ins A2006-27 s 6
Quality assurance committees—giving information to other quality assurance committees
s 44	ins 2002 No 47 amdt 1.16
	exp 31 December 2003 (s 46)
	ins A2006-27 s 6
Quality assurance committees—giving information to health board
s 45 hdg	am A2010-10 amdt 2.30
s 45	ins 2002 No 47 amdt 1.16
	exp 31 December 2003 (s 46)
	ins A2006-27 s 6
	am A2010-10 amdt 2.30
Quality assurance committees—giving information to Minister
s 46	ins 2002 No 47 amdt 1.16
	exp 31 December 2003 (s 46)
	ins A2006-27 s 6
Quality assurance committees—admissibility of evidence
s 47	ins A2006-27 s 6
Reviewing clinical privileges
pt 5 hdg	orig pt 5 hdg
	om 1996 No 35 sch
	pres pt 5 hdg
	(prev pt 4 hdg) renum as pt 5 hdg R4 LA (see 2001 No 56 amdt 1.36)
	sub A2006-27 s 6
Definitions—pt 5
s 50	ins A2006-27 s 6
	def CEO ins A2006-27 s 6
	def clinical privileges ins A2006-27 s 6
	def clinical privileges report ins A2006-27 s 6
	def clinical privileges review notice ins A2006-27 s 6
	def dentist ins A2006-27 s 6
	def doctor ins A2006-27 s 6
	def hospital ins A2006-27 s 6
	def review ins A2006-27 s 6
What is a clinical privileges committee?
s 51	ins A2006-27 s 6
Who is a doctor or dentist for a health facility?
s 52	ins A2006-27 s 6
Who is the CEO of a health facility?
s 53	ins A2006-27 s 6
What are clinical privileges?
s 54	ins A2006-27 s 6
Meaning of review clinical privileges
s 55	ins A2006-27 s 6
Approval of clinical privileges committees
s 56	ins A2006-27 s 6
Clinical privileges committees—criteria for approval
s 57	ins A2006-27 s 6
Clinical privileges committees—revocation of approval
s 58	ins A2006-27 s 6
Clinical privileges committees—functions
s 59	ins A2006-27 s 6
Clinical privileges committees—appointment of members
s 60	ins A2006-27 s 6
Clinical privileges committees—disclosure of interests
s 61	ins A2006-27 s 6
Clinical privileges committees—procedure
s 62	ins A2006-27 s 6
Clinical privileges committees—protection of members etc from liability
s 63	ins A2006-27 s 6
Clinical privileges committees—obtaining information
s 64	ins A2006-27 s 6
Review of clinical privileges
s 65	ins A2006-27 s 6
Clinical privileges committee must give doctor or dentist opportunity to explain
s 66	ins A2006-27 s 6
Preparing clinical privileges reports
s 67	ins A2006-27 s 6
Giving clinical privileges reports to CEO of health facility and doctor or dentist
s 68	ins A2006-27 s 6
CEO to make decision on clinical privileges report
s 69	ins A2006-27 s 6
CEO to tell doctor or dentist of decision on clinical privileges report
s 70	ins A2006-27 s 6
	am A2008-37 amdt 1.232
When decision on clinical privileges report takes effect
s 71	ins A2006-27 s 6
Clinical privileges committees—giving information to health board
s 72 hdg	am A2010-10 amdt 2.30
s 72	ins A2006-27 s 6
	am A2010-10 amdt 2.30
Clinical privileges committees—admissibility of evidence
s 73	ins A2006-27 s 6
Pt 5 obligations—no contracting out
s 74	ins A2006-27 s 6
Abortions
pt 5A hdg	renum as pt 6 hdg
Abortions
pt 6 hdg	orig pt 6 hdg
	om A2006-27 amdt 1.9
	pres pt 6 hdg
	(prev pt 5A hdg) reloc from Medical Practitioners Act 1930 pt 4B by A2005-28 amdt 1.70
	renum as pt 6 hdg A2006-27 amdt 1.4
Meaning of abortion for pt 6
s 80 hdg	(prev s 30A hdg) am A2006-27 amdt 1.5
s 80	(prev s 30A) reloc from Medical Practitioners Act 1930 s 55A by A2005-28 amdt 1.70
	renum as s 80 A2006-27 amdt 1.6
Only doctor may carry out abortion
s 81	(prev s 30B) reloc from Medical Practitioners Act 1930 s 55B by A2005-28 amdt 1.70
	renum as s 81 A2006-27 amdt 1.6
Abortion to be carried out in approved medical facility
s 82	(prev s 30C) reloc from Medical Practitioners Act 1930 s 55C by A2005-28 amdt 1.70
	am A2006-27 amdt 1.7
	renum as s 82 A2006-27 amdt 1.8
Approval of facilities
s 83	(prev s 30D) reloc from Medical Practitioners Act 1930 s 55D by A2005-28 amdt 1.70
	renum as s 83 A2006-27 amdt 1.8
	am A2011-3 amdt 3.221
No obligation to carry out abortion
s 84	(prev s 30E) reloc from Medical Practitioners Act 1930 s 55E by A2005-28 amdt 1.70
	renum as s 84 A2006-27 amdt 1.8
VMO service contracts
pt 7 hdg	orig pt 7 hdg
	renum as pt 15 hdg
	pres pt 7 hdg
	(prev pt 6A hdg) ins A2003-43 s 4
	renum as pt 7 hdg A2006-27 amdt 1.10
Definitions for pt 7
s 100 hdg	(prev s 33A hdg) am A2006-27 amdt 1.11
s 100	(prev s 33A) ins A2003-43 s 4
	renum as s 100 A2006-27 amdt 1.16
	def authorised representative ins A2003-43 s 4
	am A2006-27 amdt 1.12
	def core conditions ins A2003-43 s 4
	am A2006-27 amdt 1.13
	def entity ins A2003-43 s 4
	def negotiating agent ins A2003-43 s 4
	am A2006-27 amdt 1.14
	def negotiating period ins A2003-43 s 4
	am A2006-27 amdt 1.15
	def practice corporation ins A2003-43 s 4
	def service contract ins A2003-43 s 4
	def VMO ins A2003-43 s 4
Service contracts
s 101	(prev s 33B) ins A2003-43 s 4
	renum as s 101 A2006-27 amdt 1.16
Core conditions
s 102	(prev s 33C) ins A2003-43 s 4
	am A2006-27 amdt 1.17, amdt 1.18
	renum as s 102 A2006-27 amdt 1.19
	am A2011-3 amdt 3.222
Collective negotiations
s 103	(prev s 33D) ins A2003-43 s 4
	renum as s 103 A2006-27 amdt 1.19
Negotiating agents
s 104	(prev s 33E) ins A2003-43 s 4
	am A2005-62 amdt 3.119
	renum as s 104 A2006-27 amdt 1.19
Authorised representatives
s 105	(prev s 33F) ins A2003-43 s 4
	am A2006-27 amdts 1.20-1.22
	renum as s 105 A2006-27 amdt 1.23
Arbitration
s 106	(prev s 33G) ins A2003-43 s 4
	renum as s 106 A2006-27 amdt 1.23
	am A2011-3 amdt 3.223
Competition and Consumer Act authorisation
s 107 hdg	am A2010-54 amdt 3.32
s 107	(prev s 33H) ins A2003-43 s 4
	renum as s 107 A2006-27 amdt 1.23
	am A2010-54 amdt 3.33
Secrecy
pt 8 hdg	orig pt 8 hdg
	ins 2002 No 47 amdt 1.16
	exp 31 December 2003 (s 46)
	prev pt 8 hdg
	renum as pt 20 hdg
	pres pt 8 hdg
	ins A2006-27 s 7
Definitions—pt 8
s 120	ins A2006-27 s 7
	def divulge ins A2006-27 s 7
	def information holder ins A2006-27 s 7
	def protected information ins A2006-27 s 7
When is information divulged?
s 121	ins A2006-27 s 7
Who is an information holder?
s 122	ins A2006-27 s 7
	am A2010-10 amdt 2.31
What is protected information?
s 123	ins A2006-27 s 7
What is sensitive information?
s 124	ins A2006-27 s 7
Offence—secrecy of protected information
s 125	ins A2006-27 s 7
	am A2011-3 amdt 3.224
Information may be given to Medicare Australia
s 126	ins A2006-27 s 7
Offence—provision of health services by non-health practitioners
pt 8A hdg	ins A2010-10 amdt 2.32
Provision of regulated health service by person not health practitioner
s 127	ins A2010-10 amdt 2.32
Pharmacists and pharmacy premises
pt 9 hdg	orig pt 9 hdg renum as pt 10 hdg
	ins A2008-26 amdt 2.74
	sub A2010-10 amdt 2.33
Meaning of community pharmacy—pt 9
s 128	ins A2010-10 amdt 2.33
Complying pharmacy corporation
s 128A	ins A2010-10 amdt 2.33
Standard of premises
s 128B	ins A2010-10 amdt 2.33
Restriction on pharmacy premises—supermarkets
s 129	ins A2008-26 amdt 2.74
	am A2010-10 amdt 2.34
Ownership of pharmacy business
s 129A	ins as mod SL2010-39 mod 1.1 (see endnote 7)
	exp 1 July 2012 (see A2010-10 s 12A (2))
Review of decisions
pt 10 hdg	(prev pt 9 hdg) ins A2006-27 s 7
	renum as pt 10 hdg A2008-26 amdt 2.75
Review of decisions
s 130	ins A2006-27 s 7
	am A2008-37 amdt 1.233
Pt 9 obligations—no contracting out
s 131	ins A2006-27 s 7
Miscellaneous
pt 15 hdg	(prev pt 7 hdg) ins 1994 No 23 s 5
	renum as pt 15 hdg A2006-27 amdt 1.24
Disclosure of interests by committee members
s 190	ins A2006-27 s 8
References to Health and Community Care Service
s 191	(prev s 22) ins 1994 No 23 s 5
	sub 2001 No 44 amdt 1.2025
	renum as s 35 R4 LA (see 2001 No 56 amdt 1.36)
	sub 2002 No 47 amdt 1.15
	renum as s 191 A2006-27 amdt 1.26
Determination of fees
s 192	(prev s 36) ins 2002 No 47 amdt 1.15
	renum as s 192 A2006-27 amdt 1.26
	am A2011-3 amdt 3.225
Payment of fees and interest
s 193	(prev s 37) ins 2002 No 47 amdt 1.15
	renum as s 193 A2006-27 amdt 1.26
	am A2011-3 amdt 3.226
Approved forms
s 194	(prev s 37A) ins A2003-43 s 5
	renum as s 194 A2006-27 amdt 1.26
	am A2011-3 amdt 3.227
Regulations about nurse practitioners
s 195	(prev s 37B) ins A2004-10 s 4
	renum as s 195 A2006-27 amdt 1.26
Regulation-making power
s 196	(prev s 38) ins 2002 No 47 amdt 1.15
	renum as s 196 A2006-27 amdt 1.26
Transitional—Health Professionals Act 2004
pt 20 hdg	(prev pt 8 hdg) ins A2004-39 amdt 1.15
	renum as pt 20 hdg A2006-27 amdt 1.27
	exp 9 January 2009 (s 241)
Transitional—definitions in Health (Fees) Determination
s 240 hdg	(prev s 39 hdg) sub A2006-27 amdt 1.28
s 240	(prev s 39) ins A2004-39 amdt 1.15
	renum as s 240 A2006-27 amdt 1.28
	exp 9 January 2009 (s 241)
Expiry—pt 20
s 241 hdg	(prev s 40 hdg) sub A2006-27 amdt 1.29
s 241	(prev s 40) ins A2004-39 amdt 1.15
	renum as s 241 A2006-27 amdt 1.29
	exp 9 January 2009 (s 241)
Transitional—Health Legislation Amendment Act 2006
pt 21 hdg	ins A2006-27 s 9
	exp 14 December 2007 (s 243)
Transitional—protection of former members from liability
s 242	ins A2006-27 s 9
	exp 14 December 2007 (s 243)
Expiry—pt 21
s 243	ins A2006-27 s 9
	am A2007-16 amdt 3.68
	exp 14 December 2007 (s 243)
Approval of facilities—transitional
s 250	ins A2006-46 amdt 2.25
	exp 18 November 2006 (s 250 (3) (LA s 88 declaration applies))
Dictionary
dict	ins 2001 No 56 amdt 1.35
	sub A2006-27 s 10
	am A2008-37 amdt 1.234, amdt 1.235; A2010-10 amdt 2.35
	def abortion ins R17 LA
	def approved committee om 1998 No 50 s 5
	def approved private sector committee ins 1998 No 50 s 5
	om A2006-27 s 10
	def approved public sector committee ins 1998 No 50 s 5
	sub 2001 No 56 amdt 1.4
	am A2003-41 amdt 1.2
	om A2006-27 s 10
	def authorised representative ins A2003-43 s 6
	sub A2006-27 s 10
	def CEO ins A2006-27 s 10
	def clinical privileges sub A2006-27 s 10
	def clinical privileges committee ins A2006-27 s 10
	def clinical privileges report ins A2006-27 s 10
	def clinical privileges review notice ins A2006-27 s 10
	def community pharmacy ins A2010-10 amdt 2.36
	def core conditions ins A2003-43 s 6
	sub A2006-27 s 10
	def day hospital ins A2006-27 s 10
	def dentist ins A2006-27 s 10
	def divulge ins A2006-27 s 10
	def doctor ins A2006-27 s 10
	def engage ins A2006-27 s 10
	def entity ins A2006-27 s 10
	def health board ins A2010-10 amdt 2.36
	def health facility am 1996 No 35 sch; 2002 No 47 amdt 1.17
	sub A2006-27 s 10
	def health facility QAC ins A2006-27 s 10
	def health profession board ins A2006-27 s 10
	om A2010-10 amdt 2.37
	def health professional ins A2006-27 s 10
	om A2010-10 amdt 2.37
	def health professional organisation ins A2006-27 s 10
	def health professional organisation QAC ins A2006-27 s 10
	def health service ins A2006-27 s 10
	def health service provider sub A2004-39 amdt 1.16; A2006‑27 s 10
	def health service report ins A2006-27 s 10
	def hospital ins A2006-27 s 10
	def information holder ins A2006-27 s 10
	def ministerial report ins A2006-27 s 10
	def negotiating agent ins A2003-43 s 6
	sub A2006-27 s 10
	def negotiating period ins A2003-43 s 6
	sub A2006-27 s 10
	def practice corporation ins A2003-43 s 6
	sub A2006-27 s 10
	def prescribed body ins 2001 No 56 amdt 1.35
	om A2006-27 s 10
	def private day hospital facility ins 2001 No 56 amdt 1.35
	om A2006-27 s 10
	def protected information ins A2006-27 s 10
	def quality assurance activities om 2001 No 56 amdt 1.5
	def quality assurance activity ins 2001 No 56 amdt 1.5
	om A2006-27 s 10
	def quality assurance committee ins A2006-27 s 10
	def review ins A2006-27 s 10
	def sensitive information ins A2006-27 s 10
	def service contract ins A2003-43 s 6
	sub A2006-27 s 10
	def special purpose QAC ins A2006-27 s 10
	def tribunal om 1994 No 60 sch 1
	def VMO ins A2003-43 s 6
	sub A2006-27 s 10
5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical. 

Republication No	Amendments to	Republication date	
1	Act 1994 No 60	28 February 1995	
2	Act 1996 No 35	31 January 1998	
3	Act 1998 No 54	28 February 1999	
4	Act 2001 No 56	19 April 2002	
5	A2002-47	31 December 2002	
6	A2003-43	30 September 2003	
7	A2003-43	9 October 2003	
8	A2003-43	24 December 2003	
9	A2004-10	27 May 2004	
10	A2005-28	7 July 2005	
11	A2005-54	24 November 2005	
12*	A2005-62	11 January 2006	
13	A2006-46	18 November 2006	
14	A2006-46	19 November 2006	
15	A2006-46	14 December 2006	
16	A2007-16	11 July 2007	
17	A2007-16	15 December 2007	
18	A2008-37	10 January 2009	
19	A2008-37	2 February 2009	
20	A2008-37	14 February 2009	
21*	A2010-10	1 July 2010	
22	A2010-10	12 October 2010	
23	A2010-54	1 January 2011	
6	Renumbered provisions
This Act was renumbered under the Legislation Act 2001, in R4 (see Act 2001 No 56).  Details of renumbered provisions are shown in endnote 4 (Amendment history).  For a table showing the renumbered provisions, see R4.

7	Modifications of republished law with temporary effect
The following modifications have not been included in this republication:
	Health Practitioner Regulation National Law (ACT) (Transitional Provisions) Regulation 2010 (No 2) SL2010‑39 s 3 and sch 1
3	Modification of Act, pt 3—Act, s 13 (2)
The Act, part 3 applies as if the following section were inserted in division 3.1:
‘12A	Modification—Health Act 1993
	(1)	The Health Act 1993 is modified as set out in the Health Practitioner Regulation National Law (ACT) (Transitional Provisions) Regulation 2010 (No 2), schedule 1.
	(2)	This section expires on the day the Health Practitioner Regulation National Law (ACT) (Transitional Provisions) Regulation 2010 (No 2) expires.’
Schedule 1	Modification—Health Act 1993
(see s 3)
[1.1]	New section 129A
in part 9, insert
129A	Ownership of pharmacy business
	(1)	A person must not own a pharmacy business unless the person is—
	(a)	a pharmacist; or
	(b)	a complying pharmacy corporation.
Maximum penalty:  200 penalty units.
	(2)	In this section:
medicine—see the Medicines, Poisons and Therapeutic Goods Act 2008, dictionary. 
own, for a pharmacy business, includes having a legal or beneficial interest in the pharmacy business.
pharmacy business means a business providing pharmacy services at a community pharmacy.
pharmacy services includes—
	(a)	the supply, compounding or dispensing of a medicine; and
	(b)	advice and counselling on the effective use of a medicine.

©  Australian Capital Territory 2011