Health Practitioners (Special Events Exemption) Act 1999FILE/99-51… · Web view · 2017-01-31... 80/2004 s. 150(Sch. 2 item 3.1), substituted by No. 97/2005 s. 182(Sch. 4 item

Version No. 012

Health Practitioners (Special Events Exemption) Act 1999

No. 51 of 1999

Version incorporating amendments as at1 February 2017

TABLE OF PROVISIONSSection Page

1 Purpose 12 Commencement 13 Definitions 14 Meaning of visiting health practitioner 35 Meaning of visitor 36 Minister may make special event Order 47 Special event Order must specify exemption period 48 Special event Order must specify notice procedure 59 Conditions, restrictions or limitations 510 Special event Order may authorise supply and use of certain

poisons 511 Provision of health care services by visiting health practitioner 712 Prescribing of certain poisons 713 Visiting health practitioner exempt from certain offences 814 Visitor exempt from certain drug offences 815 Wholesale suppliers exempt from certain drug offences 916 Pharmacists exempt from certain offences 917 Complaints about visiting health practitioners 1018 Act does not limit the practice of registered health

practitioners 1019 Regulations 10

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Endnotes 12

1 General information 12

2 Table of Amendments 14

3 Amendments Not in Operation 16

4 Explanatory details 17

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Version No. 012

Health Practitioners (Special Events Exemption) Act 1999

No. 51 of 1999

Version incorporating amendments as at1 February 2017

The Parliament of Victoria enacts as follows:

1 Purpose

The main purpose of this Act is to allow visiting health practitioners to provide health care services in the State in connection with special events without becoming registered under State law.

2 Commencement

(1) This Act (except section 20) comes into operation on 1 January 2000.

(2) Section 20 comes into operation on the day on which section 100 of the Dental Practice Act 1999 comes into operation.

3 Definitions

In this Act—

exemption period means a period or periods specified in a special event Order as an exemption period relating to a special event;

health care service means a service ordinarily provided by a person registered under a health registration Act;

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health registration Act means the Health Practitioner Regulation National Law and includes any regulations made under that Act;

Schedule 2 poison has the same meaning as it has in the Drugs, Poisons and Controlled Substances Act 1981;




special event means a sporting, cultural or other event or class of events declared to be a special event by a special event Order;

special event Order means an Order made under section 6;

visiting health practitioner has the meaning given in section 4;

visitor has the meaning given in section 5.

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S. 3 def. of health registration Act amended by Nos 51/1999 s. 20, 80/2004 s. 150(Sch. 2 item 3.1), substituted by No. 97/2005 s. 182(Sch. 4 item 25.1), amended by No. 13/2010 s. 51(Sch. item 27.1), substituted by No. 27/2012 s. 19.

4 Meaning of visiting health practitioner

A person is a visiting health practitioner if—

(a) the person is an individual who is a resident of another country; and

(b) the person is appointed, employed, contracted or otherwise engaged to provide health care services to a visitor; and

(c) notice is given, in accordance with the procedure specified in the special event Order for the special event concerned, of the person's intention to provide health care services in the State to a visitor.

5 Meaning of visitor

A person is a visitor if—

(a) the person is a resident of another country who is in the State for the purpose of—

(i) officially participating in a special event; or

(ii) preparing, training, practising, rehearsing or acclimatising for a special event; or

(b) the person is a resident of Australia who—

(i) is in the State for a purpose referred to in paragraph (a); and

(ii) is a member of a group, the majority of the members of which is comprised of persons referred to in paragraph (a) who are in the State for the same purpose.

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6 Minister may make special event Order

(1) The Minister may, by Order published in the Government Gazette, declare an event or class of events specified in the Order to be a special event for the purposes of this Act.

(2) A special event Order may be made in relation to any sporting, cultural or other event that—

(a) is to take place or is taking place in the State; and

(b) in the opinion of the Minister, will attract a significant number of participants from other countries.

(3) A special event Order—

(a) may be of general or limited application; and

(b) may differ according to differences in time, place or circumstance; and

(c) may provide for any matter ancillary to any matter included in an Order.

(4) A special event Order may be revoked, varied, substituted or amended by a further Order or Orders made under this section.

7 Special event Order must specify exemption period

(1) A special event Order must specify a period or periods as an exemption period during which an exemption or authorisation under this Act has effect in respect of a special event.

(2) The exemption period for a special event may include any period or periods before or after the special event takes place.

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8 Special event Order must specify notice procedure

A special event Order must specify a procedure by which notice of a person's intention to provide health care services in the State to a visitor is to be given for the purposes of section 4.

9 Conditions, restrictions or limitations

(1) A special event Order may impose conditions, restrictions or limitations on the provision of health care services by a visiting health practitioner.

(2) A condition, restriction or limitation may apply—

(a) generally; or

(b) to a particular special event; or

(c) to a particular class of persons.

10 Special event Order may authorise supply and use of certain poisons

(1) The Minister, in a special event Order, may—

(a) authorise a visiting health practitioner, all visiting health practitioners or a class of visiting health practitioners, in the course of providing health care services to visitors—

(i) to prescribe, write prescriptions for or supply Schedule 4 poisons or Schedule 8 poisons; and

(ii) to sell or supply Schedule 2 poisons or Schedule 3 poisons;

(b) authorise a visiting health practitioner, all visiting health practitioners or a class of visiting health practitioners to obtain any Schedule 2 poison, Schedule 3 poison, Schedule 4 poison or Schedule 8 poison by wholesale;

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(c) authorise any person or class of persons to sell or supply Schedule 4 poisons or Schedule 8 poisons on a prescription written by a visiting health practitioner;

(d) authorise a person or class of persons licensed or otherwise authorised under the Drugs, Poisons and Controlled Substances Act 1981 to sell or supply any poison or controlled substance by wholesale to sell or supply by wholesale a Schedule 2 poison, Schedule 3 poison, Schedule 4 poison or Schedule 8 poison to any visiting health practitioner authorised to obtain such poison by wholesale.

(2) The Minister must not make a special event Order containing any authorisation referred to in subsection (1) unless the Minister is satisfied that adequate arrangements are in place to ensure that the Schedule 2 poisons, Schedule 3 poisons, Schedule 4 poisons or Schedule 8 poisons concerned will only be prescribed for and supplied to visitors to whom visiting health practitioners are authorised to provide health care services under this Act.

(3) A special event Order may impose conditions, restrictions or limitations on any authorisation referred to in this section.

(4) Without limiting subsection (3), a special event Order may impose conditions, restrictions or limitations on a visiting health practitioner, all visiting health practitioners or a class of visiting health practitioners in relation to the security of storage of any Schedule 4 poison or Schedule 8 poison in the practitioner's possession.

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(5) A condition, restriction or limitation imposed on an authorisation made under this section may apply—

(a) generally; or

(b) to a particular special event; or

(c) to a particular class of persons.

11 Provision of health care services by visiting health practitioner

(1) A visiting health practitioner is authorised to provide health care services to visitors for whom the visiting health practitioner has been appointed, employed, contracted or otherwise engaged to provide those services.

(2) This section has effect in relation to a visiting health practitioner only—

(a) during the exemption period for the relevant special event; and

(b) while the health practitioner is complying with—

(i) the relevant special event Order; and

(ii) this Act; and

(iii) any applicable conditions, restrictions or limitations imposed in accordance with this Act.

12 Prescribing of certain poisons

Despite section 11(1), a visiting health practitioner may only prescribe, write a prescription for or supply a Schedule 4 poison or a Schedule 8 poison if authorised to do so by a special event Order.

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13 Visiting health practitioner exempt from certain offences

(1) A visiting health practitioner does not commit an offence under a health registration Act for—

(a) providing health care services authorised by this Act; or

(b) holding himself or herself out as being able to provide health care services authorised by this Act; or

(c) using any name, initials, description, word, symbol, addition or title that he or she ordinarily uses.

(2) A visiting health practitioner does not commit an offence under the Drugs, Poisons and Controlled Substances Act 1981 or any regulations under that Act for—

(a) obtaining, possessing, selling or supplying any Schedule 2 poison, Schedule 3 poison, Schedule 4 poison or Schedule 8 poison in the course of providing health care services authorised by this Act; or

(b) administering or using any Schedule 2 poison, Schedule 3 poison, Schedule 4 poison or Schedule 8 poison in the course of providing health care services authorised by this Act; or

(c) prescribing or writing a prescription for any Schedule 4 poison or Schedule 8 poison in accordance with this Act.

14 Visitor exempt from certain drug offences

A visitor does not commit an offence under the Drugs, Poisons and Controlled Substances Act 1981 or any regulations under that Act for possessing or using any Schedule 2 poison, Schedule 3 poison, Schedule 4 poison or

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Schedule 8 poison as a result of being prescribed or supplied with that poison by a visiting health practitioner in accordance with this Act.

15 Wholesale suppliers exempt from certain drug offences

A person who is licensed or otherwise authorised under the Drugs, Poisons and Controlled Substances Act 1981 to sell or supply by wholesale any Schedule 2 poison, Schedule 3 poison, Schedule 4 poison or Schedule 8 poison does not commit an offence under that Act or any regulations under that Act for selling or supplying any Schedule 2 poison, Schedule 3 poison, Schedule 4 poison or Schedule 8 poison by wholesale to a visiting health practitioner if the visiting health practitioner is authorised in accordance with this Act to be supplied with the poison by wholesale.

16 Pharmacists exempt from certain offences

(1) A pharmacist does not commit an offence under the Drugs, Poisons and Controlled Substances Act 1981 or any regulations under that Act for selling or supplying or dispensing a Schedule 4 poison or a Schedule 8 poison in accordance with a prescription written by a visiting health practitioner if—

(a) the visiting health practitioner is authorised in accordance with this Act to write the prescription; and

(b) the visiting health practitioner has written the prescription for a visitor.

(2) In this section pharmacist means a person registered as a pharmacist under the Health Practitioner Regulation National Law.

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S. 16(2) amended by Nos 80/2004 s. 150(Sch. 2 item 3.2), 97/2005 s. 182(Sch. 4 item 25.2), 13/2010 s. 51(Sch. item 27.2), 27/2012 s. 20.

17 Complaints about visiting health practitioners

(1) No complaint may be made about a visiting health practitioner under the Health Complaints Act 2016 or a health registration Act and no disciplinary action may be taken against a visiting health practitioner under those Acts.

(2) This section does not prevent the bringing of proceedings for an offence under any Act referred to in subsection (1).

18 Act does not limit the practice of registered health practitioners

This Act does not prejudice or affect the lawful occupation, trade or business of any person who is registered under a health registration Act.

19 Regulations

The Governor in Council may make regulations for or with respect to any matter or thing that is required or permitted by this Act to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.

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S. 17(1) amended by No. 22/2016 s. 177.

S. 20 repealed by No. 28/2007 s. 3(Sch. item 29).

Endnotes1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 11 November 1999

Legislative Council: 30 November 1999

The long title for the Bill for this Act was "to allow visiting health practitioners to provide health care services in the State in connection with special events without becoming registered under State law and for other purposes."

The Health Practitioners (Special Events Exemption) Act 1999 was assented to on 7 December 1999 and came into operation as follows:

All of Act (except section 20) on 1 January 2000: section 2(1); section 20 on 1 July 2000: section 2(2).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

Health Practitioners (Special Events Exemption) Act 1999No. 51 of 1999

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http://www.legislation.vic.gov.au/

• Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

• Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

• Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. See section 36(3)(3D)(3E).


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2 Table of AmendmentsThis publication incorporates amendments made to the Health Practitioners (Special Events Exemption) Act 1999 by Acts and subordinate instruments.

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Health Practitioners (Special Events Exemption) Act 1999, No. 51/1999Assent Date: 7.12.99Commencement Date: S. 20 on 1.7.00: s. 2(2)Current State: This information relates only to the provision/s

amending the Health Practitioners (Special Events Exemption) Act 1999

Pharmacy Practice Act 2004, No. 80/2004Assent Date: 16.11.04Commencement Date: S. 150(Sch. 2 item 3) on 1.7.05: s. 2(3)Current State: This information relates only to the provision/s


Health Professions Registration Act 2005, No. 97/2005Assent Date: 7.12.05Commencement Date: S. 182(Sch. 4 item 25) on 1.7.07: s. 2(3)Current State: This information relates only to the provision/s


Statute Law Revision Act 2007, No. 28/2007Assent Date: 26.6.07Commencement Date: S. 3(Sch. item 29) on 27.6.07: s. 2(1)Current State: This information relates only to the provision/s


Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010

Assent Date: 30.3.10Commencement Date: S. 51(Sch. item 27) on 1.7.10: s. 2(2)Current State: This information relates only to the provision/s


Health Professions Registration (Repeal) Act 2012, No. 27/2012Assent Date: 29.5.12Commencement Date: Ss 19, 20 on 1.7.12: s. 2Current State: This information relates only to the provision/s



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Health Complaints Act 2016, No. 22/2016Assent Date: 3.5.16Commencement Date: S. 177 on 1.2.17: s. 2(2)Current State: This information relates only to the provision/s


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3 Amendments Not in OperationThere are no amendments which were Not in Operation at the date of this publication.


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4 Explanatory detailsNo entries at date of publication.


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Documents

Health Practitioners (Special Events Exemption) Act 1999FILE/99-51… · Web view · 2017-01-31... 80/2004 s. 150(Sch. 2 item 3.1), substituted by No. 97/2005 s. 182(Sch. 4 item