Health Professions Registration (Repeal) Act 2012FILE/12-027a.docx · Web viewHealth Professions Registration (Repeal) Act 2012 No. 27 of 2012 Part 1—Preliminary Health Professions

Health Professions Registration (Repeal) Act 2012 No. 27 of 2012

TABLE OF PROVISIONSSection Page

PART 1—PRELIMINARY 1

1 Purposes 12 Commencement 2

PART 2—REPEAL OF HEALTH PROFESSIONS REGISTRATION ACT 2005 AND TRANSITIONAL PROVISIONS 3

3 Repeal of Health Professions Registration Act 2005 34 Abolition of Boards 35 Reports 3

PART 3—CONSEQUENTIAL AMENDMENTS 5

Division 1—Amendment of the Abortion Law Reform Act 2008 5

6 Definitions 5

Division 2—Amendment of the Accident Compensation Act 1985 5

7 Findings of relevant bodies 58 Schedule 6 6

Division 3—Amendment of the Drugs, Poisons and Controlled Substances Act 1981 6

9 Definitions 610 Act not to derogate from provisions of certain other Acts 711 The Poisons List 712 Persons authorized to have possession etc. of poisons or

controlled substances 713 Restrictions on authorisations for certain health practitioners 814 Minister to approve scope of prescribing rights or supply of

poisons 815 Offences concerning labelling and other matters 816 Construction of section 129 8

1

Division 4—Amendment of the Education and Training Reform Act 2006 9

17 Definitions 918 Findings and determinations of medical panel hearing 9

Division 5—Amendment of the Health Practitioners (Special Events Exemption) Act 1999 9

19 Definitions 920 Pharmacists exempt from certain offences 10

Division 6—Amendment of the Health Services (Conciliation and Review) Act 1987 10

21 Schedule 10

Division 7—Amendment of the Public Health and Wellbeing Act 2008 10

22 Definitions 10

Division 8—Amendment of the Radiation Act 2005 11

23 Further considerations in relation to use licence applications 1124 Suspension or cancellation 1125 Disclosure of information to other agencies 11

Division 9—Amendment of the Summary Offences Act 1966 12

26 Definitions 12

Division 10—Amendment of the Transport Accident Act 1986 12

27 Definitions 12

Division 11—Amendment of the Victorian Civil and Administrative Tribunal Act 1998 13

28 Schedule 1 13

Division 12—Amendment of the Working with Children Act 2005 13

29 Category 3 application 13

Division 13—Amendment of the Wrongs Act 1958 14

30 Definitions 14

PART 4—REPEAL OF ACT 15

31 Repeal of Act 15═══════════════

ENDNOTES 16

Health Professions Registration (Repeal) Act 2012†

No. 27 of 2012

[Assented to 29 May 2012]

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1 Purposes

The main purposes of this Act are—

(a) to repeal the Health Professions Registration Act 2005 due to the regulation of Chinese medicine practitioners and medical radiation practitioners under the Health Practitioner Regulation National Law;

Victoria

1

(b) to make minor and consequential amendments to other Acts.

2 Commencement

This Act comes into operation on 1 July 2012.

__________________

s. 2 Section Page

2

PART 2—REPEAL OF HEALTH PROFESSIONS REGISTRATION ACT 2005 AND TRANSITIONAL

PROVISIONS

3 Repeal of Health Professions Registration Act 2005s. 3

See:Act No. 97/2005. Reprint No. 1 as at1 September 2007 and amending Act Nos 46/2008, 64/2008, 79/2008, 68/2009, 69/2009, 13/2010, 39/2010, 43/2010 and 29/2011. LawToday: www. legislation. vic.gov.au

The Health Professions Registration Act 2005 is repealed.

4 Abolition of Boards

(1) On 1 July 2012 the following responsible boards within the meaning of the Health Professions Registration Act 2005 are abolished—

(a) the Chinese Medicine Registration Board of Victoria;

(b) the Medical Radiation Practitioners Board of Victoria.

(2) On the abolition of a board under subsection (1) its members go out of office.

5 Reports

Part 1—Preliminary

Health Professions Registration (Repeal) Act 2012No. 27 of 2012

3

(1) Despite section 4, the report of operations and financial statements of a board abolished under section 4(1) for a period of time prior to the financial year ending 30 June 2012 must be prepared under the Financial Management Act 1994.

(2) For the purposes of subsection (1)—

(a) the board continues in operation as if the board were a responsible board within the meaning of the Health Professions Registration Act 2005; and

(b) that board had not been abolished.

__________________

s. 5Part 1—Preliminary


4

PART 3—CONSEQUENTIAL AMENDMENTS

Division 1—Amendment of the Abortion Law Reform Act 2008

6 DefinitionsSee:Act No. 58/2008 and amending Act Nos 58/2008 and 13/2010. LawToday: www. legislation. vic.gov.aus. 6

(1) In section 3 of the Abortion Law Reform Act 2008, for the definition of registered health practitioner substitute—

"registered health practitioner means a person registered under the Health Practitioner Regulation National Law to practise a health profession (other than as a student);".

(2) In section 3 of the Abortion Law Reform Act 2008, for the definition of regulated health profession substitute—

"regulated health profession means a health profession within the meaning of the Health Practitioner Regulation National Law;".

Division 2—Amendment of the Accident Compensation Act 1985

7 Findings of relevant bodies

In section 249BA(4) of the Accident Compensation Act 1985, in the definition of relevant body for paragraph (a) substitute—

"(a) a National Board within the meaning of the Health Practitioner Regulation National Law;".

See:Act No.10191.Reprint No. 18 as at1 July 2011 and amending Act Nos 107/1997, 80/2010 and 76/2011. LawToday: www. legislation. vic.gov.au



5

8 Schedule 6

In Schedule 6 to the Accident Compensation Act 1985, for item 17 substitute—

"17. A National Board within the meaning of the Health Practitioner Regulation National Law.".

Division 3—Amendment of the Drugs, Poisons and Controlled Substances Act 1981

9 Definitions

In section 4(1) of the Drugs, Poisons and Controlled Substances Act 1981—

(a) for the definition of registered Chinese herbal dispenser substitute—

"registered Chinese herbal dispenser means a person registered under the Health Practitioner Regulation National Law to practise in the Chinese medicine profession in the division of Chinese herbal dispenser;";

(b) for the definition of registered Chinese medicine practitioner substitute—

"registered Chinese medicine practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the Chinese medicine profession in the division of Chinese herbal medicine practitioner;".

s. 8

See:Act No. 9719.Reprint No. 9as at1 July 2010 and amending Act Nos 39/2010, 43/2010, 64/2010, 29/2011, 41/2011, 43/2011 and 51/2011. LawToday: www. legislation. vic.gov.au



6

10 Act not to derogate from provisions of certain other Acts

In section 7 of the Drugs, Poisons and Controlled Substances Act 1981 omit "Health Professions Registration Act 2005,".

11 The Poisons List

In section 12A(1)(a) of the Drugs, Poisons and Controlled Substances Act 1981, for "Registration Board of Victoria under the Health Professions Registration Act 2005" substitute "Board of Australia under the Health Practitioner Regulation National Law".

12 Persons authorized to have possession etc. of poisons or controlled substances

(1) In section 13(1)(d) of the Drugs, Poisons and Controlled Substances Act 1981, for "the Health Professions Registration Act 2005" substitute "section 94 of the Health Practitioner Regulation National Law".

(2) In section 13(1)(e) of the Drugs, Poisons and Controlled Substances Act 1981, for "the Health Professions Registration Act 2005" substitute "section 94 of the Health Practitioner Regulation National Law".

(3) In section 13(3A) of the Drugs, Poisons and Controlled Substances Act 1981, for "the Health Professions Registration Act 2005" substitute "section 94 of the Health Practitioner Regulation National Law".

(4) In section 13(5) of the Drugs, Poisons and Controlled Substances Act 1981, for "registered as a" substitute "a registered".



7

(5) In section 13(5) of the Drugs, Poisons and Controlled Substances Act 1981, after "Chinese medicine practitioner or" insert "registered".

13 Restrictions on authorisations for certain health practitioners

In section 14(2) of the Drugs, Poisons and Controlled Substances Act 1981, for "Registration Board of Victoria continued in operation under the Health Professions Registration Act 2005" substitute "Board of Australia acting under the Health Practitioner Regulation National Law".

14 Minister to approve scope of prescribing rights or supply of poisons

In section 14A(3) of the Drugs, Poisons and Controlled Substances Act 1981 omit "a responsible board continued or established under the Health Professions Registration Act 2005 or".

15 Offences concerning labelling and other matters

In section 27A(4) of the Drugs, Poisons and Controlled Substances Act 1981, for "Health Professions Registration Act 2005" substitute "Health Practitioner Regulation National Law".

16 Construction of section 129

Section 130(b) of the Drugs, Poisons and Controlled Substances Act 1981 is repealed.



8

Division 4—Amendment of the Education and Training Reform Act 2006

17 DefinitionsSee:Act No. 24/2006.Reprint No. 2as at6 May 2010 and amending Act Nos 27/2010, 28/2010, 39/2010, 71/2010, 11/2011, 61/2011 and 76/2011. LawToday: www. legislation. vic.gov.aus. 17

In section 2.6.35A of the Education and Training Reform Act 2006, for the definition of registered health practitioner substitute—

"registered health practitioner means a person registered under the Health Practitioner Regulation National Law to practise a health profession other than as a student;".

18 Findings and determinations of medical panel hearing

In section 2.6.41E(3)(d) of the Education and Training Reform Act 2006 omit "a health practitioner registered under the Health Professions Registration Act 2005 or".

Division 5—Amendment of the Health Practitioners (Special Events Exemption) Act 1999

19 Definitions



9

In section 3 of the Health Practitioners (Special Events Exemption) Act 1999, for the definition of health registration Act substitute—

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

20 Pharmacists exempt from certain offences

In section 16(2) of the Health Practitioners (Special Events Exemption) Act 1999 omit "the Health Professions Registration Act 2005 or".

Division 6—Amendment of the Health Services (Conciliation and Review) Act 1987

21 Schedule

For the Schedule to the Health Services (Conciliation and Review) Act 1987 substitute—

"SCHEDULE

1. A National Board established under the Health Practitioner Regulation National Law.".

Division 7—Amendment of the Public Health and Wellbeing Act 2008

22 Definitions

In section 3(1) of the Public Health and Wellbeing Act 2008, for the definition of registered health practitioner substitute—

"registered health practitioner means a person registered under the Health Practitioner

See:Act No. 51/1999.Reprint No. 1as at19 May 2011.LawToday: www. legislation. vic.gov.au

s. 20

See:Act No. 25/1987.Reprint No. 5as at19 May 2011. LawToday: www. legislation. vic.gov.au

See:Act No. 46/2008.Reprint No. 1as at1 July 2011 and amending Act Nos 56/2011 and 80/2011.LawToday: www. legislation. vic.gov.au



10

Regulation National Law to practise a health profession other than as a student;".

Division 8—Amendment of the Radiation Act 2005

23 Further considerations in relation to use licence applications

See:Act No. 62/2005.Reprint No. 1as at14 February 2008and amending Act Nos 46/2008, 66/2008, 68/2009, 13/2010, 24/2010, 29/2010 and 29/2011. LawToday: www. legislation. vic.gov.aus. 23

In section 44(2) of the Radiation Act 2005, in the definition of relevant practitioner registration board for paragraph (a) substitute—

"(a) registered to practise a health profession other than as a student by a National Board under the Health Practitioner Regulation National Law—the National Board that registered that person;".

24 Suspension or cancellation



11

In section 60(5) of the Radiation Act 2005, in the definition of relevant practitioner registration board for paragraph (a) substitute—

"(a) registered to practise a health profession other than as a student by a National Board under the Health Practitioner Regulation National Law—the National Board that registered that person;".

25 Disclosure of information to other agencies

In section 136(1)(b) of the Radiation Act 2005 omit "a responsible board established or continued in operation under the Health Professions Registration Act 2005,".

Division 9—Amendment of the Summary Offences Act 1966

26 DefinitionsSee:Act No. 7405.Reprint No. 10as at1 January 2009and amending Act Nos 1/2009,7/2009, 68/2009, 92/2009, 13/2010, 18/2010, 29/2010, 63/2010, 12/2011, 27/2011, 29/2011, 43/2011, 58/2011, 80/2011 and 5/2012. LawToday: www. legislation. vic.gov.aus. 26

(1) In section 43(1) of the Summary Offences Act 1966, for the definition of registered health practitioner substitute—

"registered health practitioner means a person registered under the Health Practitioner Regulation National Law to practise a health profession;".



12

(2) In section 43(1) of the Summary Offences Act 1966 for the definition of registered student substitute—

"registered student means a person whose name is entered in a student register for a health profession kept by a National Board under the Health Practitioner Regulation National Law;".

(3) In section 43(1) of the Summary Offences Act 1966, in the definition of regulated health service omit "a responsible board under the Health Professions Registration Act 2005 or".

Division 10—Amendment of the Transport Accident Act 1986

27 Definitions

In section 3(1) of the Transport Accident Act 1986, in the definition of medical service for paragraph (ba) substitute—

"(ba) the provision of acupuncture by a person—

(i) registered as a Chinese medicine practitioner in the Division of Acupuncturists under the Health Practitioner Regulation National Law; or

(ii) whose registration is endorsed under section 97 of the Health Practitioner Regulation National Law as being qualified to practise as an acupuncturist; and".

Division 11—Amendment of the Victorian Civil and Administrative Tribunal Act 1998

28 Schedule 1See:Act No. 53/1998.

See:Act No.111/1986.Reprint No. 12 as at1 July 2011 and amending Act No. 49/2010.LawToday: www. legislation. vic.gov.au



13

Reprint No. 7as at1 January 2011and amending Act Nos 11/2010, 16/2010, 74/2010 and 6/2012.LawToday: www. legislation. vic.gov.aus. 28

In clause 11A in Part 5A of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998 after "Health Professions Registration Act 2005" insert "as in force immediately before its repeal".

Division 12—Amendment of the Working with Children Act 2005

29 Category 3 application

In section 14(1)(a) of the Working with Children Act 2005—

(a) in subparagraph (ii) after "Health Professions Registration Act 2005" insert "as in force immediately before its repeal";

(b) after subparagraph (ii) insert—

"(iii) a determination under section 196(2)(d) or (e) or section 197(2)(b) of the Health Practitioner Regulation National Law by VCAT or by another responsible tribunal within the meaning of that Law; or".

Division 13—Amendment of the Wrongs Act 1958

30 Definitions

See:Act No.57/2005.Reprint No. 3as at1 August 2011and amendingAct Nos51/2010, 34/2011, 65/2011 and 80/2011.LawToday:www.legislation.vic.gov.au



14

See:Act No. 6420.Reprint No. 10as at1 December 2009and amending Act Nos 7/2009, 68/2009, 69/2009, 13/2010, 16/2010, 72/2010, 80/2010 and 79/2011. LawToday: www. legislation. vic.gov.aus. 30

(1) In section 28LB of the Wrongs Act 1958, in the definition of registered health practitioner after paragraph (c) insert—

"(ca) a person registered under the Health Practitioner Regulation National Law to practise in the occupational therapy profession (other than as a student); or".

(2) In section 28LB of the Wrongs Act 1958, in the definition of registered health practitioner for paragraph (i) substitute—

"(i) a person registered under the Health Practitioner Regulation National Law to practise in the Chinese medicine profession—

(i) in the Division of Chinese herbal medicine practitioner; or

(ii) in the Division of Acupuncturists;".

__________________



15

PART 4—REPEAL OF ACT

31 Repeal of Act

This Act is repealed on 1 July 2013.Note

The repeal of this Act does not affect the continuing operation of the repeal or the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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16

ENDNOTES

Endnotes


17

† Minister's second reading speech—

Legislative Assembly: 28 March 2012

Legislative Council: 19 April 2012

The long title for the Bill for this Act was "A Bill for an Act to repeal the Health Professions Registration Act 2005, to make related and consequential amendments to other Acts and for other purposes."

Documents

Health Professions Registration (Repeal) Act 2012FILE/12-027a.docx · Web viewHealth Professions Registration (Repeal) Act 2012 No. 27 of 2012 Part 1—Preliminary Health Professions