2002 THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY (As presented) (Minister for Health) Health and Community Care Services (Repeal and Consequential Amendments) Bill 2002 Contents Page 1 Name of Act 2 2 Commencement 2 3 Notes 2 4 Repeal of Health and Community Care Services Act 1996 2 5 Acts and regulations amended--sch 1 2 Schedule 1 Consequential amendments 3 Part 1.1 Drugs of Dependence Act 1989 3 Part 1.2 Health Act 1993 4 Authorised when accessed at www.legislation.act.gov.au or in authorised printed form Authorised by the ACT Parliamentary Counsel­also accessible at www.legislation.act.gov.au [Page Break] Page Part 1.3 Mental Health (Treatment and Care) Act 1994 12 Part 1.4 Victims of Crime Regulations 2000 14 contents 2 Health and Community Care Services (Repeal and Consequential Amendments) Bill 2002 Authorised when accessed at www.legislation.act.gov.au or in authorised printed form Authorised by the ACT Parliamentary Counsel­also accessible at www.legislation.act.gov.au [Page Break] THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY (As presented) (Minister for Health) Health and Community Care Services (Repeal and Consequential Amendments) Bill 2002 A Bill for An Act to repeal the Health and Community Care Services Act 1996, and for other purposes. The Legislative Assembly for the Australian Capital Territory enacts as follows: Authorised when accessed at www.legislation.act.gov.au or in authorised printed form Authorised by the ACT Parliamentary Counsel­also accessible at www.legislation.act.gov.au [Page Break] 1 Name of Act 1 This Act is the Health and Community Care Services (Repeal and 2 Consequential Amendments) Act 2002. 3 2 Commencement 4 This Act commences on the day after its notification day. 5 Note The naming and commencement provisions automatically commence on 6 the notification day (see Legislation Act, s 75 (1)). 7 3 Notes 8 A note included in this Act is explanatory and is not part of this Act. 9 Note See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. 10 4 Repeal of Health and Community Care Services Act 1996 11 The Health and Community Care Services Act 1996 No 34 is 12 repealed. 13 5 Acts and regulations amended--sch 1 14 Schedule 1 amends the Acts and regulations mentioned in it. 15 page 2 Health and Community Care Services (Repeal and Consequential Amendments) Bill 2002 Authorised when accessed at www.legislation.act.gov.au or in authorised printed form Authorised by the ACT Parliamentary Counsel­also accessible at www.legislation.act.gov.au [Page Break] Consequential amendments Part 1.1 Drugs of Dependence Act 1989 Amendment [1.1] Schedule 1 Consequential amendments 1 (see s 5) 2 Part 1.1 Drugs of Dependence 3 Act 1989 4 [1.1] Section 3 (1), definition of director 5 substitute 6 director means the Director, Alcohol and Drug Service. 7 [1.2] Section 3 (1), definition of treatment centre 8 omit 9 or a Territory authority 10 [1.3] Section 3A 11 substitute 12 3A Director 13 The chief executive must appoint a public servant as Director, 14 Alcohol and Drug Service. 15 Note 1 For the making of appointments (including acting appointments), see 16 Legislation Act, pt 19.3. 17 Note 2 In particular, a person may be appointed for a particular provision of a 18 law (see Legislation Act, s 7 (3)) and an appointment may be made by 19 naming a person or nominating the occupant of a position (see s 207). 20 [1.4] Section 80 (1) (e) 21 omit 22 or a Territory authority 23 Health and Community Care Services (Repeal and page 3 Consequential Amendments) Bill 2002 Authorised when accessed at www.legislation.act.gov.au or in authorised printed form Authorised by the ACT Parliamentary Counsel­also accessible at www.legislation.act.gov.au [Page Break] Part 1.2 Health Act 1993 Amendment [1.5] [1.5] Section 84 (1), definition of institution 1 omit 2 or a Territory authority 3 [1.6] Section 121, definition of approved treatment centre 4 omit 5 or a Territory authority 6 [1.7] Section 150 (1) (a) (iii) 7 omit 8 subject to subsection (4), 9 [1.8] Section 150 (4) 10 omit 11 [1.9] Section 164 (4) (c) and (d) 12 omit 13 or a Territory authority 14 Part 1.2 Health Act 1993 15 [1.10] Title 16 omit 17 certain 18 [1.11] Section 5 19 omit 20 , or arranging for the provision of, 21 page 4 Health and Community Care Services (Repeal and Consequential Amendments) Bill 2002 Authorised when accessed at www.legislation.act.gov.au or in authorised printed form Authorised by the ACT Parliamentary Counsel­also accessible at www.legislation.act.gov.au [Page Break] Consequential amendments Part 1.2 Health Act 1993 Amendment [1.12] [1.12] Section 8 (2) (a) 1 omit 2 or arranged to be provided by the Territory or a Territory authority 3 substitute 4 the Territory 5 [1.13] Section 8 (2) (c) 6 substitute 7 (c) to investigate, assess, review and evaluate the clinical 8 privileges provided to health service providers and to report, 9 and make recommendations, to the chief executive in relation 10 to whether those clinical privileges should be preserved, varied 11 or withdrawn. 12 [1.14] Sections 16 and 17 13 omit 14 or a Territory authority, as the case requires, 15 [1.15] Section 35 16 substitute 17 35 References to Health and Community Care Service 18 (1) In any Act, instrument made under an Act, contract or other 19 document, a reference to the Health and Community Care Service 20 is, for the application of that Act, instrument, contract or other 21 document after the commencement of this section, a reference to the 22 Territory. 23 (2) In this section: 24 Health and Community Care Service means the Australian Capital 25 Territory Health and Community Care Service established by the 26 Health and Community Care Services Act 1996 (repealed). 27 Health and Community Care Services (Repeal and page 5 Consequential Amendments) Bill 2002 Authorised when accessed at www.legislation.act.gov.au or in authorised printed form Authorised by the ACT Parliamentary Counsel­also accessible at www.legislation.act.gov.au [Page Break] Part 1.2 Health Act 1993 Amendment [1.15] 36 Determination of fees 1 (1) The Minister may, in writing, determine fees for this Act. 2 Note The Legislation Act contains provisions about the making of 3 determinations and regulations relating to fees (see pt 6.3) 4 (2) Without limiting subsection (1), the Minister may determine fees in 5 relation to the provision of health and community care services. 6 (3) A determination is a disallowable instrument. 7 Note A disallowable instrument must be notified, and presented to the 8 Legislative Assembly, under the Legislation Act. 9 (4) A determination may adopt a Commonwealth law or a health 10 benefits agreement (or a provision of a Commonwealth law or 11 health benefits agreement) as in force from time to time. 12 Note 1 The text of an applied, adopted or incorporated law or instrument, 13 whether applied as in force from time to time or at a particular time, is 14 taken to be a notifiable instrument if the operation of the Legislation 15 Act, s 47 (5) or (6) is not disapplied (see s 47 (7)). 16 Note 2 A notifiable instrument must be notified under the Legislation Act. 17 (5) In this section: 18 Commonwealth law means a Commonwealth Act, or any 19 regulations, rules, ordinance or disallowable instrument under a 20 Commonwealth Act. 21 disallowable instrument, for a Commonwealth Act, means a 22 disallowable instrument under the Acts Interpretation Act 1901 23 (Cwlth), section 46A. 24 health benefits agreement means an agreement between the 25 Territory and an entity that provides health benefits to contributors 26 of a health benefits fund conducted by the entity. 27 page 6 Health and Community Care Services (Repeal and Consequential Amendments) Bill 2002 Authorised when accessed at www.legislation.act.gov.au or in authorised printed form Authorised by the ACT Parliamentary Counsel­also accessible at www.legislation.act.gov.au [Page Break] Consequential amendments Part 1.2 Health Act 1993 Amendment [1.15] 37 Payment of fees and interest 1 (1) A fee is payable to the Territory on or before the payment date. 2 (2) If an amount for a fee remains unpaid after the payment date, in 3 addition to that amount, interest calculated on the aggregate amount 4 at the rate determined in writing by the Minister is payable to the 5 Territory in relation to every month or part of a month that the 6 aggregate amount remains unpaid. 7 (3) A determination is a disallowable instrument. 8 Note A disallowable instrument must be notified, and presented to the 9 Legislative Assembly, under the Legislation Act. 10 (4) In this section: 11 aggregate amount, for a month, means the total of-- 12 (a) the amount of the fee; and 13 (b) the amount of interest; 14 remaining unpaid at the end of the previous month. 15 payment date, for a fee, means the 28th day after the day when the 16 account for the fee was issued. 17 38 Regulation-making power 18 The Executive may make regulations for this Act. 19 Note Regulations must be notified, and presented to the Legislative 20 Assembly, under the Legislation Act. 21 Health and Community Care Services (Repeal and page 7 Consequential Amendments) Bill 2002 Authorised when accessed at www.legislation.act.gov.au or in authorised printed form Authorised by the ACT Parliamentary Counsel­also accessible at www.legislation.act.gov.au [Page Break] Part 1.2 Health Act 1993 Amendment [1.16] [1.16] New part 8 1 insert 2 Part 8 Transitional provisions for 3 repeal of Health and 4 Community Care Services 5 Act 1996 6 39 Definitions for pt 8 7 In this part: 8 repealed Act means the Health and Community Care Services Act 9 1996 (repealed). 10 service means the Australian Capital Territory Health and 11 Community Care Service established under the repealed Act. 12 40 Transfer of assets, rights and liabilities 13 On the commencement of this part, all assets, rights and liabilities of 14 the service vest in the Territory. 15 41 Registration of changes in ownership of certain assets 16 (1) This section applies if-- 17 (a) an asset, including an interest in land, vests in the Territory 18 under section 40; and 19 (b) information about ownership of the asset may be entered in a 20 statutory property register. 21 (2) On application by the chief executive, a person responsible for the 22 statutory property register must make the entries in the register and 23 do anything else that is necessary or desirable to reflect the 24 operation of section 40. 25 page 8 Health and Community Care Services (Repeal and Consequential Amendments) Bill 2002 Authorised when accessed at www.legislation.act.gov.au or in authorised printed form Authorised by the ACT Parliamentary Counsel­also accessible at www.legislation.act.gov.au [Page Break] Consequential amendments Part 1.2 Health Act 1993 Amendment [1.16] (3) The evidentiary value of a statutory property register is not affected 1 by-- 2 (a) the making of an entry under this section; or 3 (b) the failure to make an entry under this section; or 4 (c) the failure by the chief executive to make an application under 5 this section. 6 (4) In this section: 7 statutory property register means a register kept under a Territory 8 law, or a law of the Commonwealth, a State or another Territory, for 9 recording ownership of property (including interests in property) 10 if-- 11 (a) title to the property is passed by registration in the register of 12 ownership of the property; or 13 (b) the owner of an interest in the property may lose the interest if 14 the interest is not registered in the register. 15 Examples 16 1 the register of land titles kept under the Land Titles Act 1925, section 43 17 2 the register of interests in goods mentioned in the Sale of Motor Vehicles Act 18 1977, part 4A 19 Note An example is part of the Act, is not exhaustive and may extend, but 20 does not limit, the meaning of the provision in which it appears (see 21 Legislation Act, s 126 and s 132). 22 42 Proceedings and evidence 23 (2) For a proceeding begun before the commencement of this part and 24 to which the service is a party, the Territory is substituted as a party. 25 (3) If, before the commencement of this part-- 26 (a) a cause of action had accrued against the service; and 27 (b) proceedings had not begun in relation to the cause of action; 28 and 29 Health and Community Care Services (Repeal and page 9 Consequential Amendments) Bill 2002 Authorised when accessed at www.legislation.act.gov.au or in authorised printed form Authorised by the ACT Parliamentary Counsel­also accessible at www.legislation.act.gov.au [Page Break] Part 1.2 Health Act 1993 Amendment [1.16] (c) the limitation period for the cause of action had not ended; 1 proceedings may be brought against the Territory. 2 (4) The Limitation Act 1985, part 3 applies to the beginning of a 3 proceeding by or against the Territory as if the cause of action had 4 been accrued by, or had accrued against, the Territory. 5 (5) The court or other entity in which, or before which, a proceeding 6 has been begun or continued under this section may give directions 7 about the proceeding. 8 (6) Any evidence that, apart from the repeal of the Health and 9 Community Care Services Act 1996, would have been admissible for 10 or against the service is admissible for or against the Territory. 11 (7) In this section: 12 proceeding includes a proceeding by way of appeal or review 13 (including review under the Ombudsman Act 1989) or any other 14 civil proceeding in relation to an asset, right or liability vested in the 15 Territory under section 40. 16 43 Continuation of determinations 17 (1) The determination in effect under the repealed Act, section 32 (Fees 18 and charges for health and community care services) immediately 19 before the commencement of this part has effect as if it were a 20 determination made under this Act, section 36 (Determination of 21 fees) until the earlier of-- 22 (a) the commencement of a determination made under this Act, 23 section 36; and 24 (b) the end of 3 months after the commencement of this part. 25 (2) The determination in effect under the repealed Act, section 33 26 (Payment of fees, charges and interest) immediately before the 27 commencement of this part has effect as if it were a determination 28 page 10 Health and Community Care Services (Repeal and Consequential Amendments) Bill 2002 Authorised when accessed at www.legislation.act.gov.au or in authorised printed form Authorised by the ACT Parliamentary Counsel­also accessible at www.legislation.act.gov.au [Page Break] Consequential amendments Part 1.2 Health Act 1993 Amendment [1.17] made under this Act, section 37 (Payment of fees and interest) until 1 the earlier of-- 2 (a) the commencement of a determination made under this Act, 3 section 37; and 4 (b) the end of 3 months after the commencement of this part. 5 44 Transitional regulations 6 (1) The regulations may prescribe savings or transitional matters 7 necessary or convenient to be prescribed because of the enactment 8 of the Health and Community Care Services (Repeal and 9 Consequential Amendments) Act 2002. 10 (2) Regulations made for this section must not be taken to be 11 inconsistent with this Act so far as they can operate concurrently 12 with this Act. 13 (3) This section is additional to, and does not limit, section 45. 14 45 Modification of pt 8's operation 15 The regulations may modify this part to make provision in relation 16 to any matter that, in the Executive's opinion, is not adequately dealt 17 with in this part. 18 46 Expiry of pt 8 19 (1) This part expires 1 year after the day it commences. 20 (2) To prevent doubt, this part is declared to be a law to which the 21 Legislation Act 2001, section 88 (Repeal does not end transitional or 22 validating effect etc) applies. 23 [1.17] Dictionary, definition of health facility 24 omit 25 or a Territory authority 26 Health and Community Care Services (Repeal and page 11 Consequential Amendments) Bill 2002 Authorised when accessed at www.legislation.act.gov.au or in authorised printed form Authorised by the ACT Parliamentary Counsel­also accessible at www.legislation.act.gov.au [Page Break] Part 1.3 Mental Health (Treatment and Care) Act 1994 Amendment [1.18] Part 1.3 Mental Health (Treatment and 1 Care) Act 1994 2 [1.18] Section 4, definition of psychiatric institution 3 substitute 4 psychiatric institution means a hospital or other institution for the 5 treatment, care, rehabilitation or accommodation of people who 6 have a mental illness, that is-- 7 (a) an institution conducted by the Territory; or 8 (b) a private mental institution. 9 [1.19] Section 8 10 omit 11 , or arranging for the provision of, 12 [1.20] Section 49, definition of responsible person, 13 paragraph (b) 14 omit 15 or a Territory authority 16 [1.21] Section 49 (c) 17 substitute 18 (c) in relation to any other mental health institution conducted by 19 the Territory--means the chief executive who has control of 20 the administrative unit to which responsibility for the conduct 21 of the facility is allocated. 22 [1.22] Section 53 23 omit 24 or a Territory authority 25 page 12 Health and Community Care Services (Repeal and Consequential Amendments) Bill 2002 Authorised when accessed at www.legislation.act.gov.au or in authorised printed form Authorised by the ACT Parliamentary Counsel­also accessible at www.legislation.act.gov.au [Page Break] Consequential amendments Part 1.3 Mental Health (Treatment and Care) Act 1994 Amendment [1.23] [1.23] Section 89 (1) (g) 1 omit 2 , or arranging for the provision, 3 [1.24] Section 89 (1) (h) 4 omit 5 [1.25] Section 89 6 renumber paragraphs when Act next republished under Legislation 7 Act 2001 8 [1.26] Section 94 (h) 9 omit 10 , or arranging for the provision of, 11 [1.27] Section 94 (i) 12 omit 13 [1.28] Section 94 14 renumber paragraphs when Act next republished under Legislation 15 Act 2001 16 [1.29] Section 112 17 substitute 18 112 Chief psychiatrist 19 (1) The Minister must appoint a public servant as Chief Psychiatrist. 20 Note 1 For the making of appointments (including acting appointments), see 21 Legislation Act, pt 19.3. 22 Note 2 In particular, a person may be appointed for a particular provision of a 23 law (see Legislation Act, s 7 (3)) and an appointment may be made by 24 naming a person or nominating the occupant of a position (see s 207). 25 Health and Community Care Services (Repeal and page 13 Consequential Amendments) Bill 2002 Authorised when accessed at www.legislation.act.gov.au or in authorised printed form Authorised by the ACT Parliamentary Counsel­also accessible at www.legislation.act.gov.au [Page Break] Part 1.4 Victims of Crime Regulations 2000 Amendment [1.30] (2) A person is not eligible for appointment as the chief psychiatrist 1 unless the person is a psychiatrist. 2 [1.30] Sections 114, 115 and 117 3 omit 4 [1.31] Section 118 5 substitute 6 118 Delegation by chief psychiatrist 7 The chief psychiatrist may, with the Minister's approval, delegate 8 the chief psychiatrist's functions under this Act to a psychiatrist who 9 is a public employee or is engaged by the Territory. 10 Note For the making of delegations and the exercise of delegated functions, 11 see Legislation Act, pt 19.4. 12 [1.32] Section 123, definition of psychiatric institution, 13 paragraph (b) 14 omit 15 or a Territory authority 16 Part 1.4 Victims of Crime Regulations 17 2000 18 [1.33] Regulation 21 19 omit 20 the Australian Capital Territory Health and Community Care 21 Service 22 substitute 23 the chief executive for the Health Act 1993 24 page 14 Health and Community Care Services (Repeal and Consequential Amendments) Bill 2002 Authorised when accessed at www.legislation.act.gov.au or in authorised printed form Authorised by the ACT Parliamentary Counsel­also accessible at www.legislation.act.gov.au [Page Break] Republications of amended laws For the latest republication of amended laws, see www.legislation.act.gov.au. © Australian Capital Territory 2002 Health and Community Care Services (Repeal and page 15 Consequential Amendments) Bill 2002 Authorised when accessed at www.legislation.act.gov.au or in authorised printed form Authorised by the ACT Parliamentary Counsel­also accessible at www.legislation.act.gov.au