2009 THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY (As presented) (Minister for Health) Health Legislation Amendment Bill 2009 Contents Page Part 1 Preliminary 1 Name of Act 2 2 Commencement 2 Part 2 Drugs of Dependence Act 1989 3 Legislation amended--pt 2 3 4 Treatment Part 9 3 5 Inspection Division 11.2 3 6 Notification and review of decisions Part 12 3 7 Secrecy Section 201 (1) 3 J2009-462 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Page 8 Section 201 (3) (a) 3 9 Reviewable decisions Schedule 1 3 10 Dictionary 4 Part 3 Health Records (Privacy and Access) Act 1997 11 Legislation amended--pt 3 5 12 The privacy principles Schedule 1, principle 4.1, new clause 3 (c) 5 Schedule 1 Consequential amendments 6 Part 1.1 Children and Young People Act 2008 6 Part 1.2 Court Procedures Rules 2006 6 Part 1.3 Crimes Sentencing Act 2005 6 contents 2 Health Legislation Amendment Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY (As presented) (Minister for Health) Health Legislation Amendment Bill 2009 A Bill for An Act to amend legislation about health, and for other purposes The Legislative Assembly for the Australian Capital Territory enacts as follows: J2009-462 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 1 1 Part 1 Preliminary 2 1 Name of Act 3 This Act is the Health Legislation Amendment Act 2009. 4 2 Commencement 5 This Act commences on a day fixed by the Minister by written 6 notice. 7 Note 1 The naming and commencement provisions automatically commence on 8 the notification day (see Legislation Act, s 75 (1)). 9 Note 2 A single day or time may be fixed, or different days or times may be 10 fixed, for the commencement of different provisions (see Legislation 11 Act, s 77 (1)). 12 Note 3 If a provision has not commenced within 6 months beginning on the 13 notification day, it automatically commences on the first day after that 14 period (see Legislation Act, s 79). page 2 Health Legislation Amendment Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 3 1 Part 2 Drugs of Dependence Act 1989 2 3 Legislation amended--pt 2 3 This part amends the Drugs of Dependence Act 1989. 4 4 Treatment 5 Part 9 6 omit 7 5 Inspection 8 Division 11.2 9 omit 10 6 Notification and review of decisions 11 Part 12 12 omit 13 7 Secrecy 14 Section 201 (1) 15 omit 16 a treatment centre inspector, 17 8 Section 201 (3) (a) 18 omit 19 9 Reviewable decisions 20 Schedule 1 21 omit Health Legislation Amendment Bill 2009 page 3 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 10 1 10 Dictionary 2 omit the definitions of 3 approval 4 approval holder 5 approved treatment centre 6 assessment order 7 director 8 member 9 offender 10 opioid dependency treatment centre 11 panel 12 proper officer 13 responsible officer 14 reviewable decision 15 treatment 16 treatment centre 17 treatment centre inspector 18 treatment order page 4 Health Legislation Amendment Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 11 1 Part 3 Health Records (Privacy and 2 Access) Act 1997 3 11 Legislation amended--pt 3 4 This part amends the Health Records (Privacy and Access) 5 Act 1997. 6 12 The privacy principles 7 Schedule 1, principle 4.1, new clause 3 (c) 8 before the example, insert 9 (c) an electronic copy of the record has been generated-- 10 (i) by a method described in the Electronic Transactions 11 Act 2001, section 11 (2) (b); and 12 (ii) when the record is destroyed it is reasonable to expect 13 that the information contained in the electronic copy will 14 be readily accessible so as to be useable for subsequent 15 reference. 16 Note The Electronic Transactions Act 2001, section 11 (Retention of 17 information and documents) provides that, if a person is required to 18 retain a document, the requirement is taken to be met if the person 19 retains an electronic form of the document. Health Legislation Amendment Bill 2009 page 5 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.1 Children and Young People Act 2008 Amendment [1.1] 1 Schedule 1 Consequential amendments 2 Part 1.1 Children and Young People 3 Act 2008 4 [1.1] Dictionary, definition of drug of dependence 5 substitute 6 drug of dependence--see the Drugs of Dependence Act 1989, 7 dictionary. 8 Part 1.2 Court Procedures Rules 2006 9 [1.2] Rule 4700, definition of sentence, example 3 10 omit 11 [1.3] Rule 5000, definition of sentence, example 3 12 omit 13 Part 1.3 Crimes Sentencing Act 2005 14 [1.4] Section 13 (3) (g), note 1 15 omit 16 [1.5] Section 29 (1) (i) 17 omit page 6 Health Legislation Amendment Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 Presentation speech Presentation speech made in the Legislative Assembly on 2009. 2 Notification Notified under the Legislation Act on 2009. 3 Republications of amended laws For the latest republication of amended laws, see www.legislation.act.gov.au. © Australian Capital Territory 2009 Health Legislation Amendment Bill 2009 page 7 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au