2009

THE LEGISLATIVE ASSEMBLY FOR THE
AUSTRALIAN CAPITAL TERRITORY

health legislation AMENDMENT bill 2009

EXPLANATORY STATEMENT

Presented by 
Katy Gallagher MLA
Minister for Health

EXPLANATORY STATEMENT

OVERVIEW

The Health Legislation Amendment Bill 2009 intends to amend:

(a)	The Drugs of Dependence Act 1989 to consolidate the laws regarding alcohol and drug rehabilitation; and 
(b)	The Health Records (Privacy and Access) Act 1997 to allow the destruction of health records when they are replaced by an electronic copy.

DETAIL

Part 1  			Preliminary

Clause 1	Name of Act

This clause is a technical clause and sets out the name of the proposed Act as the Health Legislation Amendment Act 2009.

Clause 2	Commencement

This clause is a technical clause setting out when commencement of the Act will occur.  It is intended that commencement will occur on a day/or days fixed by the Minister by written notice.

Part 2	 		Drugs of Dependence Act 1989

Clause 3	Legislation amended—part 2

This clause identifies the first Act to be amended, namely the Drugs of Dependence Act 1989.

Clause 4 	Treatment
	Part 9

This clause repeals Part 9 of the Drugs of Dependence Act 1989 which deals with assessment and treatment orders, treatment assessment panels and approval of treatment centres.  

It is intended that all matters relating to the treatment of drug and alcohol dependencies as prescribed under Part 9 of the Drugs of Dependence Act 1989 be assumed or consolidated under Part 6.2 of the Crimes (Sentencing) Act 2005, which deals with good behaviour orders.  

Where ‘treatment’ and all matters relating to ‘treatment’ are referred to in the Drugs of Dependence Act 1989, these references are now intended to be read consistently with rehabilitation programs (however named) as envisioned by section 93 of the Crimes (Sentencing) Act 2005 and relevant Regulations.  

It is the intention of the legislature that there should be a consolidated legislative authority to handle the rehabilitation of individuals captured within the criminal justice system as a result, either in whole or in part, of alcohol and/or drug dependencies.  For this reason, there should not be duplication or repetition of laws, or inconsistencies in approach between two separate pieces of legislation dealing with the same or similar subject matters.  

As such, to avoid confusion and unnecessary complication, it is the intention of the legislature that the treatment scheme under the Drugs of Dependence Act 1989 be replaced entirely by the good behaviour orders scheme as envisioned in ACT crimes legislation, despite any residual appearance or implication that may be derived from the Drugs of Dependence Act 1989.     

Clause 5	Inspection
		Division 11.2

This clause repeals Division 11.2 dealing with inspections of treatment centres which will become redundant following the commencement of Clause 4.

Clause 6	Notification and review of decisions
		Part 12

This clause repeals Part 12 dealing with the review of decisions relating to the approval of treatment centres which will become redundant following the commencement of Clause 4.

Clause 7	Secrecy
		Section 201 (1)

The clause removes reference to ‘a treatment centre inspector’ from section 201(1) which will become redundant following the commencement of 
Clause 4.

Clause 8	Section 201(3)(a)

This clause removes paragraph 201(3)(a) regarding the disclosure of information to a treatment centre which will become redundant following the commencement of Clause 4.

Clause 9	Reviewable decisions
		Schedule 1

This clause repeals Schedule 1 outlining reviewable decisions relating to the approval of treatment centres to remain consistent with Clause 6.

Clause 10	Dictionary

This clause removes definitions from the dictionary to remain consistent with Clause 4.

Part 3  	Health Records (Privacy and 
Access) Act 1997

Clause 11	Legislation amended—pt 3

This clause identifies the second Act to be amended, namely the Health Records (Privacy and Access) Act 1997.

Clause 12	The privacy principles 
		Schedule 1, principle 4.1, new clause 3(c)

This clause adds a new paragraph 3(c) to principle 4.1.  It is the intention of the legislature that where an electronic copy of a health record has been generated in accordance with the Electronic Transactions Act 2001 and has been done so to continue the life of a physical copy and/or original, then the physical copy and/or original can be destroyed without attracting sanction.  The word ‘physical’ is intended to be read broadly, and may, but is not limited to the inclusion of x-rays, photographs, paper medical notes, assessments and histories, prescription forms etc.  An alternative intention to generate an electronic copy of a health record other than to continue the life of a physical copy and/or original does not exclude the generation from the intended operation of this clause. 

Schedule 1		Consequential amendments

Part 1.1			Children and Young People
				Act 2008

[1.1]		Dictionary, definition of drug of dependence

The clause corrects a previous referencing error to the definition of drug of dependence.

[1.2]		Rule 4700, definition of sentence, example 3

This clause removes example 3 of Rule 4700 referring to treatment orders under the Drugs of Dependence Act 1989 which will become incorrect following the commencement of Clause 4.

[1.3]		Rule 5000, definition of sentence, example 3

This clause removes example 3 of Rule 5000 referring to treatment orders under the Drugs of Dependence Act 1989 for the same reason as stated in Clause [1.2].

Part 1.3			Crimes Sentencing Act 2005

[1.4]		Section 13(3)(g), note 1

This clause removes note 1 from paragraph 13(3)(g) referring to treatment orders under the Drugs of Dependence Act 1989 for the same reason as stated in Clause [1.2].

[1.5]		Section 29(1)(i)

This clause removes paragraph 29(1)(i) referring to treatment orders under the Drugs of Dependence Act 1989 for the same reason as stated in 
Clause [1.2].