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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Health Legislation Amendment Bill
2003
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of various Acts 2
Schedules
1 Amendment of Health Services Act 1997 No 154 3
2 Amendment of Mental Health Act 1990 No 9 5
3 Amendment of New South Wales Institute of Psychiatry Act
1964 No 44 6
4 Amendment of Poisons and Therapeutic Goods Act 1966
No 31 7
5 Amendment of Royal Society for the Welfare of Mothers and
Babies' Incorporation Act 1919 No 52 10
6 Amendment of Smoke-free Environment Act 2000 No 69 11
7 Amendment of Statutory and Other Offices Remuneration
Act 1975 (1976 No 4) 12
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2003
New South Wales
Health Legislation Amendment Bill
2003
Act No , 2003
An Act to make miscellaneous amendments to various Acts relating to health
and associated matters; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Health Legislation Amendment Bill 2003
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Health Legislation Amendment Act 2003.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Amendment of various Acts
Each Act specified in Schedules 17 is amended as set out in those
Schedules.
Page 2
Health Legislation Amendment Bill 2003
Amendment of Health Services Act 1997 No 154 Schedule 1
Schedule 1 Amendment of Health Services Act 1997
No 154
(Section 3)
[1] Section 49 Membership of health corporation board
Omit section 49 (2). Insert instead:
(2) Of the persons appointed by the Minister, 1 is to be a person
elected or, in the case of a statutory health corporation that has
fewer than 50 employees, elected or appointed, in the manner
prescribed by clause 2 of Schedule 5 or regulations made
under that clause.
[2] Section 85 When can medical practitioners elect to provide their
services through their practice companies?
Omit section 85 (2). Insert instead:
(2) However, no such election may be made unless the medical
practitioner's practice company:
(a) carries public liability insurance to a level approved by
the Director-General from time to time, and
(b) carries medical indemnity insurance.
(3) Subsection (2) (b) does not apply to the extent that the
medical practitioner's practice company is exempt under
section 19 (4) of the Health Care Liability Act 2001 from the
requirement to be covered by approved professional
indemnity insurance in respect of medical services to be
provided under the relevant service contract.
(4) In this section:
medical indemnity insurance means approved professional
indemnity insurance within the meaning of the Health Care
Liability Act 2001.
[3] Schedule 5 Provisions relating to members and procedure of area
health boards and health corporation boards
Insert "(other than an elected staff member appointed under
subclause (11))" after "office of an elected staff member" in clause 2 (9).
Page 3
Health Legislation Amendment Bill 2003
Schedule 1 Amendment of Health Services Act 1997 No 154
[4] Schedule 5, clause 2
Insert after clause 2 (10):
(11) If a statutory health corporation has fewer than 50 employees:
(a) the Minister may direct that an election for an appointed
staff member of the Board for the corporation not be
held and the Minister may appoint any person to be an
appointed member, and
(b) that person is, on being appointed, taken to be a person
elected in the manner prescribed by the regulations
made under this clause.
(12) If a vacancy occurs in the office of a member appointed under
subclause (11) otherwise than by reason of the expiration of
the period for which the member was appointed:
(a) the Minister may appoint any person to hold, subject to
this Schedule, the office for a term commencing on the
date of appointment or a later date specified in the
relevant instrument of appointment and ending on the
commencement of the term of office of the next
member elected or appointed under this clause, and
(b) the person is, on being so appointed, taken to be a
person elected in the manner prescribed by the
regulations made under this clause.
Page 4
Health Legislation Amendment Bill 2003
Amendment of Mental Health Act 1990 No 9 Schedule 2
Schedule 2 Amendment of Mental Health Act 1990 No 9
(Section 3)
[1] Section 252 Constitution of the Tribunal
Insert "or part-time" after "full-time" in section 252 (2) (b).
[2] Section 252A
Insert after section 252:
252A Part-time arrangements
A Deputy President, although not appointed on a part-time
basis, may, by agreement in writing entered into with the
President, exercise the functions of Deputy President on a
part-time basis.
Page 5
Health Legislation Amendment Bill 2003
Schedule 3 Amendment of New South Wales Institute of Psychiatry Act 1964 No 44
Schedule 3 Amendment of New South Wales Institute
of Psychiatry Act 1964 No 44
(Section 3)
[1] Section 4 Objects of the Institute
Insert after section 4 (2):
(2A) Without limiting subsection (2), the Institute may charge such
fees as are reasonable in respect of the programmes of training
conducted by the Institute.
[2] Section 22
Insert after section 21:
22 Recovery of fees
Any fee due or payable to the Institute may be recovered by
the Institute as a debt in a court of competent jurisdiction.
Page 6
Health Legislation Amendment Bill 2003
Amendment of Poisons and Therapeutic Goods Act 1966 No 31 Schedule 4
Schedule 4 Amendment of Poisons and Therapeutic
Goods Act 1966 No 31
(Section 3)
[1] Section 16 Offences relating to prescribed restricted substances
Omit the matter relating to the maximum penalty from section 16 (1).
Insert instead:
Maximum penalty:
(a) for an offence relating to a prescribed restricted
substance that is an anabolic or androgenic steroidal
agent, 20 penalty units or imprisonment for 2 years, or
both, and
(b) for an offence relating to a prescribed restricted
substance other than an anabolic or androgenic
steroidal agent, 20 penalty units or imprisonment for 6
months, or both.
[2] Section 28A Approval of prescribers of drugs of addiction
Omit "for the purposes of section 29 (2) (b)" from section 28A (1).
[3] Section 28A (7)
Insert "or before referring the matter to the Medical Committee for a
recommendation if the circumstances are sufficiently urgent to require
immediate action" after "subsection (6)".
[4] Section 28A (10)
Insert after section 28A (9):
(10) For the purposes of subsection (7), the circumstances are
sufficiently urgent to require immediate action with respect to
a medical practitioner's approval if the Director-General is of
the opinion that the action is necessary for the purpose of
protecting the life, or the physical or mental health, of the
medical practitioner or any other person (whether or not any
other such person is identifiable).
Page 7
Health Legislation Amendment Bill 2003
Schedule 4 Amendment of Poisons and Therapeutic Goods Act 1966 No 31
[5] Section 29 Director-General may authorise prescription or supply
of drugs of addiction
Omit section 29 (1). Insert instead:
(1) An application for the authority of the Director-General
referred to in section 28 is to be in a form approved by the
Director-General.
[6] Section 29 (5) (a)
Omit "quantity". Insert instead "maximum quantity".
[7] Section 29 (5) (d)
Omit the paragraph. Insert instead:
(d) is to be in a form approved by the Director-General.
[8] Section 29 (6)
Insert "or by electronic communication" after "in writing".
[9] Section 30AA
Insert after section 30:
30AA Power of Medical Committee to obtain information
(1) This section applies if:
(a) under section 28A (8) the Director-General refers an
approval to the Medical Committee for review, and
(b) the review of the approval is with respect to a possible
contravention of this Act or the regulations, or a failure
to comply with any conditions to which the approval is
subject.
(2) For the purposes of conducting the review and preparing its
report and the recommendation, the Medical Committee may
require the Health Care Complaints Commission or New
South Wales Medical Board to provide the Medical
Committee with any information in the Commission's or
Board's possession that is relevant to the Medical
Committee's review.
(3) A requirement made by the Medical Committee under this
section must be made in writing.
Page 8
Health Legislation Amendment Bill 2003
Amendment of Poisons and Therapeutic Goods Act 1966 No 31 Schedule 4
(4) The Health Care Complaints Commission or New South
Wales Medical Board must comply with any reasonable
requirement given to the Commission or Board under this
section.
(5) This section applies despite any provision of:
(a) the Health Care Complaints Act 1993, or
(b) the Medical Practice Act 1992, including section 190B
of that Act.
[10] Section 43 Powers of entry and seizure
Insert ", or any condition of an approval, authority or licence given or
issued for the purposes of this Act or the regulations," after "regulations"
where firstly occurring in section 43 (2).
[11] Section 43 (2) (h)
Insert ", or a condition of an approval, authority or licence given or issued
for the purposes of this Act or the regulations," after "regulations".
[12] Section 43 (2) (i) and (j)
Insert after section 43 (2) (h):
(i) examine any records (including prescriptions), that may
be relevant to investigating or auditing compliance with
an approval given, or authority or licence issued, for the
purposes of Part 4 or with respect to a prescribed
restricted substance,
(j) remove any records referred to in paragraph (i).
[13] Section 43 (8), definition of "prescribed restricted substance"
Insert in alphabetical order:
prescribed restricted substance means a substance listed in
Appendix D to the Poisons and Therapeutic Goods
Regulation 2002.
Page 9
Health Legislation Amendment Bill 2003
Schedule 5 Amendment of Royal Society for the Welfare of Mothers and Babies'
Incorporation Act 1919 No 52
Schedule 5 Amendment of Royal Society for the
Welfare of Mothers and Babies'
Incorporation Act 1919 No 52
(Section 3)
[1] Section 11 By-laws and rules
Omit all the words from "It" to "particular:" from section 11 (1).
Insert instead "The body corporate may make by-laws and rules, not
inconsistent with this Act, for or with respect to any matter that by this Act
is required or permitted to be prescribed and, in particular, for or with
respect to the following:".
[2] Section 11 (1) (a) and (b)
Omit "as to" wherever occurring.
[3] Section 11 (2) (iii)
Omit the paragraph.
[4] Section 11 (4)
Insert after section 11 (3):
(4) A by-law or rule made by the Governor and in force
immediately before the commencement of Schedule 5 [1] to
the Health Legislation Amendment Act 2003 continues in
force after that commencement as if the by-law or rule had
been made by the body corporate.
Page 10
Health Legislation Amendment Bill 2003
Amendment of Smoke-free Environment Act 2000 No 69 Schedule 6
Schedule 6 Amendment of Smoke-free Environment
Act 2000 No 69
(Section 3)
[1] Section 11 Exempt premises
Omit section 11 (1) (d). Insert instead:
(d) any part of the premises of a casino or casino environs
that is used solely for the purposes of gaming machines
or solely for the purposes of a bar (whether or not such
gaming machines are situated in the bar area),
[2] Section 11 (3)
Insert after section 11 (2):
(3) In this section:
casino has the same meaning as in the Casino Control Act
1992.
casino environs means the whole or a specified part of
premises the subject of an order under section 89 (3) of the
Casino Control Act 1992.
gaming machine has the same meaning as in the Casino
Control Act 1992.
Page 11
Health Legislation Amendment Bill 2003
Schedule 7 Amendment of Statutory and Other Offices Remuneration Act 1975 (1976
No 4)
Schedule 7 Amendment of Statutory and Other Offices
Remuneration Act 1975 (1976 No 4)
(Section 3)
Schedule 2 Public offices
Omit "Deputy President of the Mental Health Review Tribunal" from
Part 1.
Insert instead:
Full-time Deputy President of the Mental Health Review
Tribunal
Part-time Deputy President of the Mental Health Review
Tribunal
Page 12
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