Australian Capital Territory

HEALTH PROFESSIONALS AMENDMENT REGULATION 2006 (No 5)

Explanatory Statement

Circulated with the authority of
Katy Gallagher MLA
Minister for Health

EXPLANATORY STATEMENT

Authority

This Regulation is authorised by section 134 of the Health Professionals Act 2004.

Outline

The amendments proposed in this Regulation provide for an extension of some default dates that occur in the Health Professionals Regulation 2004. The extension of the default provisions will allow all health professions required to be regulated under the Health Professionals Act 2004 to complete this transition before the current expiry date of 9 July 2006. The amendments also provide for the new ACT Medical Radiation Scientists Board to be established. The Regulation contains the Medical Radiation Scientists Schedule, which provides the specific membership requirements for the new ACT Medical Radiation Scientists Board in the ACT.  The Schedule is the result of extensive consultation with members of the diagnostic radiographer, radiation therapist and nuclear medicine scientist professions and key stakeholders.

Revenue/Cost Implications

There is no additional cost involved in this Regulation.

Formal Clauses

Clause 1 – Name of Regulation – states the title of the Regulation, which is the Health Professionals Amendment Regulation 2006 (No 5).

Clause 2 – Commencement – states when the Regulation commences. The Regulation commences on 8 July 2006.  

Clause 3 –Legislation amended – provides that this Regulation amends the Health Professionals Regulation 2004.

Clause 4-Section 2 (3) changes the default provision for provisions not commenced in the Health Professionals Regulation 2004 from 9 July 2006 to 9 January 2007.

Clause 5-Section 52A (11) changes the default provision relating to professions regulated under a repealed Act in respect of making appointments to a health profession board, from 8 July 2006 to 9 January 2007. This changed expiry date also applies to the definition of a repealed Act, the exclusion of medical practitioners from the provisions of this section, and the expiry of Section 52A.

Clause 6 – Schedule 1, inserts a new item 12 – inserts Medical Radiation Scientists into Schedule 1 which lists the regulated professions under the Act.

Clause 7 – New Schedule 13 – inserts the Medical Radiation Scientists Schedule. The purpose of this Schedule is to allow for the election and appointment of members to a new ACT Medical Radiation Scientists Board, so the Board can take responsibility for a range of professional issues (including professional registration) by further developing this Schedule. 

Item 13.1 of Schedule 13 defines medical radiation scientists as 
(a)	a diagnostic radiographer; or
(b)	a radiation therapist; or
(c)	a nuclear medicine scientist

Item 13.2 prescribes the membership of the ACT Medical Scientists Board. The membership requirements were developed in consultation with members of the medical radiation scientists professions and key stakeholders. The appointed members include two diagnostic radiographers, two radiation therapists and two nuclear radiation scientists. The new Board also includes a community representative as required by Section 24 of the Health Professionals Act 2004.

Clause 8 –Health Professionals Amendment Regulation 2005 (No1) Section 2(4)
Changes the default date for the provisions in the above Amendment Regulation concerning a range of health professional related issues from 9 July 2006 to 9 January 2007.