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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Health Legislation Amendment
(Unregistered Health Practitioners)
Bill 2006
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Acts 2
4 Repeal of Act 2
Schedule 1 Amendment of Public Health Act 1991 No 10 3
Schedule 2 Amendment of Health Care Complaints Act 1993 No 105 17
Schedule 3 Amendment of other Acts 25
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, , 2006
New South Wales
Health Legislation Amendment
(Unregistered Health Practitioners)
Bill 2006
Act No , 2006
An Act to amend various Acts to provide for the regulation of health practitioners
who are not registered under a health registration Act or whose registration under
such an Act has been cancelled or suspended; 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 (Unregistered Health Practitioners) Bill 2006
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Health Legislation Amendment (Unregistered Health
Practitioners) Act 2006.
2 Commencement
This Act commences on the date of assent to this Act.
3 Amendment of Acts
The Acts specified in Schedules 13 are amended as set out in those
Schedules.
4 Repeal of Act
This Act is repealed on the day following the date of assent to this Act.
Page 2
Health Legislation Amendment (Unregistered Health Practitioners) Bill 2006
Amendment of Public Health Act 1991 No 10 Schedule 1
Schedule 1 Amendment of Public Health Act 1991
No 10
(Section 3)
[1] Section 3 Definitions
Insert after section 3 (2):
(3) Notes included in this Act do not form part of this Act.
[2] Part 2A
Omit the Part. Insert instead:
Part 2A Provision and promotion of health services
Division 1 Preliminary
10AA Definitions
In this Part:
health practitioner, health registration Act, health service and
registration authority have the same meanings as in the Health
Care Complaints Act 1993.
Note. The Health Care Complaints Act 1993 defines those terms as
follows:
health practitioner means a natural person who provides a health
service (whether or not the person is registered under a health
registration Act).
health registration Act means any of the following Acts:
Chiropractors Act 2001
Dental Technicians Registration Act 1975
Dental Practice Act 2001
Medical Practice Act 1992
Nurses and Midwives Act 1991
Optical Dispensers Act 1963
Optometrists Act 2002
Osteopaths Act 2001
Pharmacy Act 1964
Physiotherapists Act 2001
Podiatrists Act 2003
Psychologists Act 2001.
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Health Legislation Amendment (Unregistered Health Practitioners) Bill 2006
Schedule 1 Amendment of Public Health Act 1991 No 10
health service includes the following services, whether provided as
public or private services:
(a) medical, hospital and nursing services,
(b) dental services,
(c) mental health services,
(d) pharmaceutical services,
(e) ambulance services,
(f) community health services,
(g) health education services,
(h) welfare services necessary to implement any services referred to
in paragraphs (a)(g),
(i) services provided by podiatrists, chiropractors, osteopaths,
optometrists, physiotherapists, psychologists and optical
dispensers,
(j) services provided by dietitians, masseurs, naturopaths,
acupuncturists, occupational therapists, speech therapists,
audiologists, audiometrists and radiographers,
(k) services provided in other alternative health care fields,
(k1) forensic pathology services,
(l) a service prescribed by the regulations as a health service for the
purposes of this Act.
registration authority means the person who has the function, under a
health registration Act, of determining an application for registration
under the Act.
medical student has the same meaning as in the Medical Practice
Act 1992.
registered midwife and registered nurse have the same meanings
as in the Nurses and Midwives Act 1991.
10AB Proceedings for offences under this Part
(1) Proceedings for an offence under this Part may be instituted by
the Director-General, a registration authority, the Health Care
Complaints Commission or by any other person.
(2) Proceedings for an offence under this Part may be commenced at
any time within, but not later than, 2 years after the date on which
the offence is alleged to have been committed.
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Health Legislation Amendment (Unregistered Health Practitioners) Bill 2006
Amendment of Public Health Act 1991 No 10 Schedule 1
Division 2 Restricted health services
10AC Spinal manipulation
(1) A person must not engage in spinal manipulation in the course of
providing a health service unless the person:
(a) is a registered chiropractor, or a chiropractic student acting
under the appropriate supervision of a registered
chiropractor, or
(b) is a registered medical practitioner, or a medical student
acting under the appropriate supervision of a registered
medical practitioner, or
(c) is a registered osteopath, or an osteopathy student acting
under the appropriate supervision of a registered
osteopath, or
(d) is a registered physiotherapist, or a physiotherapy student
acting under the appropriate supervision of a registered
physiotherapist.
Maximum penalty: 50 penalty units or imprisonment for 12
months, or both.
(2) For the purposes of this Division, spinal manipulation is a
restricted health service.
(3) An authorised person or inspector appointed under any of the
following Acts is authorised to ascertain whether this section is
being complied with:
(a) Chiropractors Act 2001,
(b) Medical Practice Act 1992,
(c) Osteopaths Act 2001,
(d) Physiotherapists Act 2001.
(4) In this section:
spinal manipulation means the rapid application of a force
(whether by manual or mechanical means) to any part of a
person's body that affects a joint or segment of the vertebral
column.
10AD Prescribed electrophysical treatments
(1) A person must not provide a prescribed electrophysical treatment
in the course of providing a health service unless the person:
(a) is a registered chiropractor, or a chiropractic student acting
under the appropriate supervision of a registered
chiropractor, or
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Health Legislation Amendment (Unregistered Health Practitioners) Bill 2006
Schedule 1 Amendment of Public Health Act 1991 No 10
(b) is a registered medical practitioner, or a medical student
acting under the appropriate supervision of a registered
medical practitioner, or
(c) is a registered osteopath, or an osteopathy student acting
under the appropriate supervision of a registered
osteopath, or
(d) is a registered physiotherapist, or a physiotherapy student
acting under the appropriate supervision of a registered
physiotherapist, or
(e) is a registered podiatrist, or a podiatry student acting under
the appropriate supervision of a registered podiatrist.
Maximum penalty: 50 penalty units or imprisonment for 12
months, or both.
(2) For the purposes of this Division, prescribed electrophysical
treatment is a restricted health service.
(3) An inspector or authorised person appointed under any of the
following Acts is authorised to ascertain whether this section is
being complied with:
(a) Chiropractors Act 2001,
(b) Medical Practice Act 1992,
(c) Osteopaths Act 2001,
(d) Physiotherapists Act 2001,
(e) Podiatrists Act 2003.
(4) In this section:
prescribed electrophysical treatment means an electrophysical
treatment prescribed by the regulations for the purposes of this
section.
10AE Prescribing of contact lenses, spectacle lenses and other
appliances
(1) A person must not prescribe an optical appliance unless the
person:
(a) is a registered optometrist, or
(b) is a registered medical practitioner, or
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Health Legislation Amendment (Unregistered Health Practitioners) Bill 2006
Amendment of Public Health Act 1991 No 10 Schedule 1
(c) is a member of a class of persons declared by the
regulations to be authorised to prescribe an optical
appliance and the person acts in compliance with any
conditions or limitations prescribed by the regulations.
Maximum penalty: 50 penalty units or imprisonment for 12
months, or both.
(2) For the purposes of this Division, prescribing an optical
appliance is a restricted health service.
(3) A person who prescribes an optical appliance for a person must
on request provide the person, at no extra charge, with a copy of
the prescription.
Maximum penalty: 5 penalty units.
(4) A person who does not prescribe, but dispenses, an optical
appliance for a person must provide the person, at no extra
charge, with a copy of the prescription relating to the appliance.
Maximum penalty: 5 penalty units.
(5) A person who prescribes contact lenses for a person is not
required to comply with subsection (3) until after he or she has
completed the prescription and fitting process in relation to the
contact lenses.
(6) An authorised person or inspector appointed under any of the
following Acts is authorised to ascertain whether this section is
being complied with:
(a) Optometrists Act 2002,
(b) Medical Practice Act 1992.
(7) In this section:
optical appliance means contact lenses, spectacle lenses or any
other appliance designed to correct, remedy or relieve any
refractive abnormality or defect of sight.
10AF Restricted dental practices
(1) A person must not carry out a restricted dental practice unless the
person is:
(a) a registered dentist, or
(b) a registered medical practitioner, or
(c) a registered dental student undertaking clinical studies, or
undertaking a clinical placement at a public health
organisation, or
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Health Legislation Amendment (Unregistered Health Practitioners) Bill 2006
Schedule 1 Amendment of Public Health Act 1991 No 10
(d) a registered dental auxiliary who is carrying out dental
auxiliary activities subject to the practice oversight of a
registered dentist, or
(e) a person performing radiographic work at a public health
organisation, or on the order or at the request of a
registered medical practitioner or registered dentist, or
(f) a dental prosthetist carrying out a practice of dental
prosthetics, or
(g) a dental technician carrying out technical work on the
written order of a registered dentist or of a dental
prosthetist.
Maximum penalty: 50 penalty units or imprisonment for
12 months, or both.
(2) For the purposes of this Division, restricted dental practice is a
restricted health service.
(3) An authorised person or inspector appointed under any of the
following Acts is authorised to ascertain whether this section is
being complied with:
(a) Dental Practice Act 2001,
(b) Dental Technicians Registration Act 1975,
(c) Medical Practice Act 1992.
(4) In this section:
dental auxiliary activity has the same meaning as in the Dental
Practice Act 2001.
dental prosthetist has the same meaning as in the Dental
Technicians Registration Act 1975.
dental technician means any of the following:
(a) a person registered as a dental technician under the Dental
Technicians Registration Act 1975,
(b) a person approved by the Dental Technicians Registration
Board under section 13 (2) (f) of the Dental Technicians
Registration Act 1975,
(c) a person undergoing in good faith training in technical
work under the supervision of a registered dentist or of a
person referred to in paragraph (a),
(d) an apprentice, within the meaning of the Apprenticeship
and Traineeship Act 2001, employed by a person referred
to in paragraph (a), or by a person employing a person
referred to in paragraph (a).
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Health Legislation Amendment (Unregistered Health Practitioners) Bill 2006
Amendment of Public Health Act 1991 No 10 Schedule 1
practice of dental prosthetics has the same meaning as in
section 5 (3) of the Dental Technicians Registration Act 1975.
practice oversight means oversight by a registered dentist in
accordance with guidelines approved by the Director-General
from time to time.
public health organisation has the same meaning as in the
Health Services Act 1997.
registered dental student means a person registered as a dentistry
student or a dental auxiliary student under section 138 of the
Dental Practice Act 2001.
restricted dental practice means any of the following practices:
(a) the performance of any operation on the human teeth or
jaws or associated structures,
(b) the correction of malpositions of the human teeth or jaws
or associated structures,
(c) the performance of radiographic work in connection with
the human teeth or jaws or associated structures,
(d) the mechanical construction or the renewal or repair of
artificial dentures or restorative dental appliances,
(e) the performance of any operation on, or the giving of any
treatment or advice to, any person that is preparatory to or
for the purpose of the fitting, insertion, adjusting, fixing,
constructing, repairing or renewing of artificial dentures or
restorative dental appliances.
technical work has the same meaning as in section 5 (1) of the
Dental Technicians Registration Act 1975.
written order means an order:
(a) in a form prescribed for the purposes of issuing directions
to dental technicians under the Dental Practice Act 2001,
or
(b) in a form prescribed for the purposes of section 27 (b) (ii)
of the Dental Technicians Registration Act 1975.
10AG Restricted birthing practices
(1) A person must not engage in a restricted birthing practice unless
the person is:
(a) a registered midwife, or
(b) a registered medical practitioner, or
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Health Legislation Amendment (Unregistered Health Practitioners) Bill 2006
Schedule 1 Amendment of Public Health Act 1991 No 10
(c) a medical student or a registered nurse acting under the
appropriate supervision of a medical practitioner or of a
registered midwife, or
(d) a midwifery student acting under the appropriate
supervision of a registered midwife.
Maximum penalty: 50 penalty units or imprisonment for 12
months, or both.
(2) For the purposes of this Division, a restricted birthing practice is
a restricted health service.
(3) This section does not apply to the rendering of assistance to a
woman who is giving birth to a child where the assistance is
rendered in an emergency.
(4) An authorised person or inspector appointed under any of the
following Acts is authorised to ascertain whether this section is
being complied with:
(a) Nurses and Midwives Act 1991,
(b) Medical Practice Act 1992.
(5) In this section:
restricted birthing practice means the care of a pregnant woman
involving the management of the 3 stages of labour and child
birth.
10AH Restricted foot care services
(1) A person must not, in the course of providing a foot care service,
perform any invasive procedure on the feet or toenails under
anaesthesia unless the person is:
(a) a registered podiatrist, or
(b) a registered medical practitioner.
Maximum penalty: 50 penalty units.
(2) A person must not, in the course of providing a foot care service,
carry out surgical debridement of hypertrophic tissue of the foot
using a sharp instrument unless the person is:
(a) a registered podiatrist, or
(b) a registered medical practitioner, or
(c) a registered nurse and the debridement is carried out to the
extent necessary to provide immediate relief from pain or
discomfort.
Maximum penalty: 50 penalty units.
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Health Legislation Amendment (Unregistered Health Practitioners) Bill 2006
Amendment of Public Health Act 1991 No 10 Schedule 1
(3) A person must not, in the course of providing a foot care service,
treat a disorder of or injury to the foot knowing that the person
treated:
(a) has a medical condition causing inadequate blood
circulation to their feet, or
(b) has peripheral neuropathy affecting their feet,
unless the person providing that treatment is:
(c) a registered podiatrist, or
(d) a registered medical practitioner, or
(e) a registered nurse, or
(f) a registered chiropractor, or
(g) a registered osteopath, or
(h) a registered physiotherapist, or
(i) a pharmacist registered under the Pharmacy Act 1964.
Maximum penalty: 50 penalty units.
(4) For the purposes of this Division, a procedure or treatment
referred to in subsection (1), (2) or (3) that is carried out in the
circumstances set out in those subsections is a restricted health
service.
(5) An authorised person or inspector appointed under any of the
following Acts is authorised to ascertain whether this section is
being complied with:
(a) Podiatrists Act 2003,
(b) Medical Practice Act 1992,
(c) Nurses and Midwives Act 1991.
(6) An authorised person or inspector is not to exercise any function
under subsection (5) except with the approval of the
Director-General given in a particular case.
10AI Restricted health services--powers of authorised officers
appointed under other Acts
(1) An authorised officer, who is authorised under this Division to
ascertain whether a provision of this Division is being complied
with, has and may exercise for that purpose all the functions that
the authorised officer has under the officer's Act for the purpose
of ascertaining whether a provision of the officer's Act is being
complied with or has been contravened.
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Health Legislation Amendment (Unregistered Health Practitioners) Bill 2006
Schedule 1 Amendment of Public Health Act 1991 No 10
(2) For the purposes of subsection (1):
(a) the functions of the authorised officer under the officer's
Act apply in respect of premises on which a person
engages in a restricted health service in the course of
providing a health service in the same way as those
functions apply in respect of premises on which a person
engages in professional practice under the officer's Act,
and
(b) the functions of the authorised officer under the officer's
Act apply in respect of engaging in the restricted health
service in the course of providing a health service in the
same way as they apply in respect of professional practice
engaged in under the officer's Act, and
(c) the provisions of an officer's Act with respect to the
functions of an inspector, authorised officer or authorised
person (including any provision that creates an offence in
connection with those functions) extend to the exercise of
functions of the authorised officer under this section as if
the functions under this section were exercised under the
officer's Act.
(3) In this section:
authorised officer means an authorised person or inspector who
is authorised to ascertain whether a particular section of this
Division is being complied with.
officer's Act, in relation to an authorised officer, means the Act
under which the authorised officer is appointed as an authorised
person or inspector.
restricted health service means a health service that is specified
to be a restricted health service for the purposes of this Division.
Division 3 Health practitioners who are de-registered or
subject to prohibition orders
10AJ Definitions
(1) In this Division:
corresponding health registration legislation means legislation
of another State or Territory that provides for the registration of
health practitioners.
de-registered health practitioner means a health practitioner
whose registration as a health practitioner under a health
registration Act or corresponding health registration legislation is
cancelled or suspended as a result of disciplinary proceedings.
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Health Legislation Amendment (Unregistered Health Practitioners) Bill 2006
Amendment of Public Health Act 1991 No 10 Schedule 1
prohibition order means a prohibition order made under a health
registration Act or under section 41A of the Health Care
Complaints Act 1993.
(2) For the purposes of this Division, a person's registration as a
health practitioner under a health registration Act or
corresponding health registration legislation is cancelled if:
(a) any of the following happen as a result of an action,
decision, determination or order of a registration board,
tribunal or court under that Act or legislation:
(i) the person's registration is cancelled,
(ii) the person is de-registered,
(iii) the person's name is removed from, or struck off, a
register or a roll,
(iv) the person's practising certificate is cancelled, or
(b) the person's name is removed from the Register of Optical
Dispensers for New South Wales under section 25 of the
Optical Dispensers Act 1963.
(3) For the purposes of this Division, a health practitioner is subject
to a prohibition order if the health practitioner is, because of the
order, subject to conditions when providing health services or is
prohibited from providing some or all health services.
10AK Provision of health services by persons who are de-registered or
subject to prohibition orders
(1) A person must not provide a health service in contravention of a
prohibition order.
Maximum penalty: 50 penalty units or imprisonment for
12 months, or both.
(2) A de-registered health practitioner must, before providing a
health service to a person, ensure that the following persons are
notified, in accordance with the regulations, that the health
practitioner was registered under a particular health registration
Act or corresponding health registration legislation and that the
health practitioner's registration under that Act or legislation has
been cancelled or suspended:
(a) the person to whom the health practitioner intends to
provide the health service or, if that person is under 16
years of age or under guardianship, a parent or guardian of
the person,
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Health Legislation Amendment (Unregistered Health Practitioners) Bill 2006
Schedule 1 Amendment of Public Health Act 1991 No 10
(b) if the health service is to be provided by the health
practitioner as an employee, the health practitioner's
employer.
Maximum penalty: 50 penalty units.
(3) A health practitioner who is subject to a prohibition order must,
before providing a health service to a person, ensure that the
following persons are notified, in accordance with the
regulations, that the health practitioner is subject to the order:
(a) the person to whom the health practitioner intends to
provide the health service or, if that person is under
16 years of age or under guardianship, a parent or guardian
of the person,
(b) if the health service is to be provided by the health
practitioner as an employee, the health practitioner's
employer.
Maximum penalty: 50 penalty units.
10AL Advertising of health services if person is de-registered or subject
to a prohibition order
(1) A person must not advertise a health service that is to be provided
by a de-registered health practitioner unless the advertisement
specifies that the health practitioner was registered under a
particular health registration Act or corresponding health
registration legislation and that the health practitioner's
registration under that Act or legislation is cancelled or
suspended.
Maximum penalty: 50 penalty units.
(2) A person must not advertise a health service that is to be provided
by a health practitioner who is subject to a prohibition order
unless the advertisement specifies that the health practitioner is
subject to the order.
Maximum penalty: 50 penalty units.
(3) A person is not guilty of an offence under this section if he or she
did not know, and could not reasonably have known, that the
health practitioner was de-registered or subject to a prohibition
order.
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Health Legislation Amendment (Unregistered Health Practitioners) Bill 2006
Amendment of Public Health Act 1991 No 10 Schedule 1
Division 4 Miscellaneous
10AM Codes of conduct for unregistered health practitioners
(1) The regulations may prescribe codes of conduct for the provision
of health services by:
(a) health practitioners who are not required to be registered
under a health registration Act (including de-registered
health practitioners), and
(b) health practitioners who are registered under a health
registration Act who provide health services that are
unrelated to their registration.
(2) Before a code of practice is prescribed under subsection (1), the
Minister is to:
(a) give public notice of the code in a form and manner
determined by the Minister, specifying where the code can
be inspected and the time and manner in which
submissions may be made, and
(b) place the draft code and an impact assessment statement
for the code on public exhibition for not less than 21 days,
and
(c) consider any submission received within 21 days (or such
longer period as the Minister may determine) after the end
of that exhibition period.
Note. Section 41A of the Health Care Complaints Act 1993 permits the
Health Care Complaints Commission to make a prohibition order in
respect of a health practitioner if the Commission finds that the health
practitioner has breached the code of conduct and poses a substantial
risk to the health of members of the public. The Commission is also able
to cause a public statement to be issued in such circumstances
identifying and giving warnings about the health practitioner.
10AN Advertisement or promotion of health services
A person must not advertise or otherwise promote the provision
of a health service in a manner that:
(a) is false, misleading or deceptive, or
(b) is likely to mislead or deceive, or
(c) creates, or is likely to create, an unjustified expectation of
beneficial treatment.
Maximum penalty:
(a) for a first offence--100 penalty units, or
(b) for a second or subsequent offence--200 penalty units.
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Health Legislation Amendment (Unregistered Health Practitioners) Bill 2006
Schedule 1 Amendment of Public Health Act 1991 No 10
[3] Section 71 Inquiries by Director-General
Insert at the end of section 71 (1) (b):
, or
(c) any alleged offence under this Act.
[4] Section 79 Proceedings for offences
Insert "10AB," after "section" where secondly occurring in section 79 (2).
[5] Schedule 4 Savings and transitional provisions
Insert at the end of clause 1 (2A):
Health Legislation Amendment (Unregistered Health
Practitioners) Act 2006
[6] Schedule 4, Part 7
Insert after Part 6:
Part 7 Provisions consequent on enactment of
the Health Legislation Amendment
(Unregistered Health Practitioners)
Act 2006
20 De-registered health practitioners
Division 3 of Part 2A, as inserted by the Health Legislation
Amendment (Unregistered Health Practitioners) Act 2006,
extends to a health practitioner whose registration is,
immediately before that Division commences, cancelled (within
the meaning of that Division) or suspended.
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Health Legislation Amendment (Unregistered Health Practitioners) Bill 2006
Amendment of Health Care Complaints Act 1993 No 105 Schedule 2
Schedule 2 Amendment of Health Care Complaints
Act 1993 No 105
(Section 3)
[1] Section 4 Definitions
Insert in alphabetical order:
disciplinary action includes the making of an order or the issue
of a statement under section 41A.
[2] Section 7 What can a complaint be made about?
Insert "(including any alleged breach by the health practitioner of Division 3
of Part 2A of the Public Health Act 1991 or of a code of conduct prescribed
under section 10AM of that Act)" after "health practitioner" in
section 7 (1) (a).
[3] Section 12 Consultation between the Commission, a registration
authority and the Registrar
Insert "(if any)" after "appropriate registration authority" in section 12 (1).
[4] Section 18 Can a complaint be withdrawn?
Insert at the end of section 18 (2) (d):
, or
(e) the matter, if substantiated, would result in the health
practitioner being found guilty of an offence under
Division 3 of Part 2A of the Public Health Act 1991.
[5] Section 23 Investigation of complaint
Insert at the end of section 23 (1) (b) (iv):
, or
(v) if substantiated, would result in the health
practitioner being found guilty of an offence under
Division 3 of Part 2A of the Public Health Act 1991.
[6] Section 25 Notification of certain complaints to the Director-General
Insert "(other than Division 3 of Part 2A and any regulations made under that
Division)" after "Public Health Act 1991" in section 25 (1).
[7] Section 25, note
Insert "(other than Division 3 of Part 2A of the Public Health Act 1991)" after
"section 25".
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Health Legislation Amendment (Unregistered Health Practitioners) Bill 2006
Schedule 2 Amendment of Health Care Complaints Act 1993 No 105
[8] Part 2, Division 5, note
Insert "for matters relating to unregistered health practitioners and" after
"powers under this Division".
[9] Section 39 What action is taken after an investigation?
Insert after section 39 (1) (f):
(g) take action under section 41A.
[10] Section 39 (3)
Omit the subsection.
[11] Section 40 Opportunity for persons investigated to make submissions
Omit "(b), (c) or (d)" from section 40 (1). Insert instead "(c), (d) or (g)".
[12] Part 2, Division 6A
Insert after Division 6:
Division 6A Action against unregistered health
practitioners
41A Prohibition orders and public statements
(1) The Commission may take action under this section if:
(a) it has complied with Division 6 with respect to an
investigation of a complaint against a health practitioner,
and
(b) it finds that the health practitioner has breached a code of
conduct for unregistered health practitioners or has been
convicted of a relevant offence, and
(c) it is of the opinion that the health practitioner poses a
substantial risk to the health of members of the public.
(2) The action that the Commission may take under this section is
either or both of the following:
(a) make an order (a prohibition order) that does any one or
more of the following:
(i) prohibits the health practitioner from providing
health services or specified health services for the
period specified in the order or permanently,
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Health Legislation Amendment (Unregistered Health Practitioners) Bill 2006
Amendment of Health Care Complaints Act 1993 No 105 Schedule 2
(ii) places such conditions as the Commission thinks
appropriate on the provision of health services or
specified health services by the health practitioner
for the period specified in the order or permanently,
Note. Section 10AK (1) of the Public Health Act 1991 provides
that it is an offence for a person to provide a health service in
contravention of a prohibition order.
(b) cause a public statement to be issued in a manner
determined by the Commission identifying and giving
warnings or information about the health practitioner and
health services provided by the health practitioner.
(3) If the Commission is aware that a person in respect of whom it is
proposing to make a prohibition order is registered under a health
registration Act, the Commission is, before making the
prohibition order, to notify the board constituted under that other
Act of the proposed order and give that board an opportunity to
make a submission.
(4) The Commission may revoke or revise a statement under
subsection (2) (b).
(5) In this section:
code of conduct for unregistered health practitioners means a
code of conduct prescribed by regulations under section 10AM of
the Public Health Act 1991.
relevant offence means:
(a) an offence under Part 2A of the Public Health Act 1991, or
(b) an offence under the Fair Trading Act 1987 or the Trade
Practices Act 1974 of the Commonwealth that relates to
the provision of health services.
41B Commission to provide details of its decision
(1) If the Commission makes any of the following decisions in
respect of a health practitioner under section 41A, it must provide
the health practitioner with a written statement of the decision as
soon as practicable after the decision is made:
(a) a decision that the health practitioner has breached a code
of conduct for unregistered health practitioners,
(b) a decision to make a prohibition order in respect of the
health practitioner,
(c) a decision to issue, revoke or revise a public statement
about the health practitioner under section 41A.
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Health Legislation Amendment (Unregistered Health Practitioners) Bill 2006
Schedule 2 Amendment of Health Care Complaints Act 1993 No 105
(2) The statement of a decision must:
(a) set out any findings on material questions of fact, and
(b) refer to any evidence or other material on which the
findings were based, and
(c) give the reasons for the decision.
(3) The Commission, subject to subsections (4) and (5):
(a) must provide a statement of the decision to the
complainant, and
(b) must provide a statement of the decision to any
professional body or association that the Commission
considers to be relevant to the health practitioner or to the
area of practice to which the complaint relates, and
(c) may make a statement of the decision publicly available.
(4) The Commission may remove from a statement of a decision that
is provided to a person or body, or made publicly available, under
subsection (3), any material that it considers to be confidential
information.
(5) When confidential material is not included in the statement of a
decision the statement should indicate that such material has been
removed.
(6) This section does not affect the power of a court to make an order
for the discovery of documents or to require the giving of
evidence or the production of documents to a court.
(7) In this section:
confidential information means information that:
(a) has not previously been published or made available to the
public when a written statement of a decision to which it is
or may be relevant is being prepared, and
(b) relates to the personal or business affairs of a person, other
than the person to whom the Commission is required to
provide the written statement of the decision, and
(c) is information:
(i) that was supplied in confidence, or
(ii) the publication of which would reveal a trade secret,
or
(iii) that was provided in compliance with a duty
imposed by or under an Act, or
(iv) the provision of which by the Commission would be
in breach of an Act or law.
Page 20
Health Legislation Amendment (Unregistered Health Practitioners) Bill 2006
Amendment of Health Care Complaints Act 1993 No 105 Schedule 2
41C Appeals to Administrative Decisions Tribunal
(1) A health practitioner may apply to the Administrative Decisions
Tribunal for a review of the following decisions under section
41A:
(a) a decision that the health practitioner has breached a code
of conduct for unregistered health practitioners,
(b) a decision to make a prohibition order in respect of the
health practitioner,
(c) a decision to issue, revoke or revise a public statement
about the health practitioner.
(2) An application under this section is to be made within 28 days
after the day on which the health practitioner is provided with the
statement of the decision.
41D Commission to provide registration authority with details of
prohibition orders
If the Commission makes a prohibition order under section 41A
in respect of a health practitioner, it is to provide a copy of the
statement of the decision in respect of that order to each
registration authority.
[13] Sections 94A94C
Insert after section 94:
94A Warnings about unsafe treatments or services
(1) If following an investigation, the Commission is of the view that
a particular treatment or health service poses a risk to public
health or safety, the Commission may cause a public statement to
be issued in a manner determined by the Commission identifying
and giving warnings or information about the treatment or health
service.
(2) The Commission may revoke or revise a statement under
subsection (1).
94B Tribunal decisions and names of de-registered practitioners to be
publicly available
(1) The Commission:
(a) must make publicly available a statement of a decision of
a tribunal if the statement is provided to it under a health
registration Act and is in respect of a complaint that has
been proved or admitted in whole or in part, and
Page 21
Health Legislation Amendment (Unregistered Health Practitioners) Bill 2006
Schedule 2 Amendment of Health Care Complaints Act 1993 No 105
(b) must make publicly available the statement of a decision of
the following bodies if the statement is provided to it under
a health registration Act:
(i) the Dental Technicians Registration Board, but only
if the statement is in respect of a decision to make an
order under section 19A of the Dental Technicians
Registration Act 1975,
(ii) the Optical Dispensers Licensing Board, but only if
the statement is in respect of a decision under
section 25 of the Optical Dispensers Act 1963 to
reprimand or caution an optical dispenser or to
remove the optical dispenser's name from the
register or to suspend the optical dispenser's
licence,
(iii) the Pharmacy Board of New South Wales, but only
if the statement is in respect of a decision to take
action against a pharmacist under section 20 of the
Pharmacy Act 1964, and
(c) may disseminate any other statement of a decision
provided to it under a health registration Act as the
Commission thinks fit,
unless the relevant tribunal or board has ordered otherwise.
(2) The Commission is to make publicly available information
required to be provided to it under a health registration Act about
a person whose registration as a health practitioner under a health
registration Act is cancelled or suspended as a result of
disciplinary proceedings.
(3) For the purposes of this section, a person's registration as a health
practitioner under a health registration Act is cancelled if:
(a) any of the following happen as a result of an action,
decision, determination or order of a registration board,
tribunal or court under that Act:
(i) the person's registration is cancelled,
(ii) the person is de-registered,
(iii) the person's name is removed from, or struck off, a
register or a roll,
(iv) the person's practising certificate is cancelled, or
(b) the person's name is removed from the Register of Optical
Dispensers for New South Wales under section 25 of the
Optical Dispensers Act 1963.
Page 22
Health Legislation Amendment (Unregistered Health Practitioners) Bill 2006
Amendment of Health Care Complaints Act 1993 No 105 Schedule 2
94C Protection from liability for certain publications
(1) A publication in good faith under section 41A, 41B, 94A or 94B
does not subject a protected person to any liability (including
liability in defamation).
(2) In this section:
protected person means:
(a) the Commission or the Administrative Decisions Tribunal
or a member of the Commission or Tribunal, or
(b) a board or tribunal established under a health registration
Act or a member of any such board or tribunal, or
(c) the proprietor, editor or publisher of a newspaper, or
(d) the proprietor or broadcaster of a radio or television station
or the producer of a radio or television show, or
(e) an internet service provider or internet content host, or
(f) a member of staff of or a person acting at the direction of
any person or entity referred to in this definition, or
(g) any person, or person belonging to a class of persons,
prescribed by the regulations for the purposes of this
section.
[14] Schedule 4 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Health Legislation Amendment (Unregistered Health
Practitioners) Act 2006 (but only to the extent that it amends
this Act)
[15] Schedule 4, Part 5
Insert after Part 4:
Part 5 Provisions consequent on enactment of
Health Legislation Amendment
(Unregistered Health Practitioners)
Act 2006
14 Definition
In this Part:
amending Act means the Health Legislation Amendment
(Unregistered Health Practitioners) Act 2006.
Page 23
Health Legislation Amendment (Unregistered Health Practitioners) Bill 2006
Schedule 2 Amendment of Health Care Complaints Act 1993 No 105
15 Prohibition orders
The Commission may make a prohibition order or cause a public
statement to be issued under section 41A with respect to either or
both of the following:
(a) conduct or any other matter or thing that occurred before,
or partly before and partly after, that section was inserted
by the amending Act,
(b) a complaint that has been made but not fully dealt with
before that section was inserted by the amending Act.
16 Warnings about unsafe treatments or services
Section 94A, as inserted by the amending Act, extends to an
investigation that is completed before the commencement of that
section.
17 Decisions of boards and tribunals
Section 94B (1), as inserted by the amending Act, applies only in
respect of a statement of a decision that is given after the
commencement of that subsection.
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Health Legislation Amendment (Unregistered Health Practitioners) Bill 2006
Amendment of other Acts Schedule 3
Schedule 3 Amendment of other Acts
(Section 3)
3.1 Chiropractors Act 2001 No 15
[1] Section 4 Definitions
Insert in alphabetical order:
health service has the same meaning as in the Health Care
Complaints Act 1993.
prohibition order has the same meaning as in section 53 (3A).
[2] Section 53 Powers of the Tribunal
Insert after section 53 (3):
(3A) If the Tribunal makes an order under subsection (2) in respect of
a person and it is satisfied that the person poses a substantial risk
to the health of members of the public, it may by order (a
prohibition order) do any one or more of the following:
(a) prohibit the person from providing health services or
specified health services for the period specified in the
order or permanently,
(b) place such conditions as the Tribunal thinks appropriate on
the provision of health services or specified health services
by the person for the period specified in the order or
permanently.
Note. Section 10AK (1) of the Public Health Act 1991 provides that it is
an offence for a person to provide a health service in contravention of a
prohibition order.
(3B) If the Tribunal is aware that a person in respect of whom it is
proposing to make a prohibition order is registered under a health
registration Act other than this Act, the Tribunal is, before
making the prohibition order, to notify the board constituted
under that other Act of the proposed order and give that board an
opportunity to make a submission.
[3] Section 81 Right of review
Omit "an order" from section 81 (1).
Insert instead "a prohibition order in respect of the person or of an order".
Page 25
Health Legislation Amendment (Unregistered Health Practitioners) Bill 2006
Schedule 3 Amendment of other Acts
[4] Section 83 Powers on review
Insert after section 83 (1) (d):
(e) by its order terminate or shorten the period of a prohibition
order or alter the conditions to which the person is subject
under a prohibition order (including by imposing new
conditions).
[5] Section 115 Tribunal to provide details of its decision
Omit section 115 (4). Insert instead:
(4) The Board:
(a) must make publicly available a statement of a decision
provided to it under this section if the decision is in respect
of a complaint that has been proved or admitted in whole
or in part, and
(b) may disseminate any other statement of a decision as the
Board thinks fit,
unless the Tribunal has ordered otherwise.
[6] Sections 121A and 121B
Insert after section 121:
121A Cancelled registrations to be publicly available
(1) The Board is to make publicly available:
(a) the name of each person who is subject to an order of the
Tribunal or the Supreme Court that the person's
registration be cancelled or that the person not be
re-registered, and
(b) such other information about the person as may be
prescribed by the regulations.
(2) The Board is to ensure that the information required to be made
publicly available under subsection (1) is provided to the
Commission.
(3) The Board is not required to make publicly available information
about a person:
(a) who is deceased, or
(b) who belongs to a class of persons prescribed by the
regulations for the purposes of this section.
Page 26
Health Legislation Amendment (Unregistered Health Practitioners) Bill 2006
Amendment of other Acts Schedule 3
121B Protection from liability for certain publications
(1) A publication in good faith under section 115 or 121A does not
subject a protected person to any liability (including liability in
defamation).
(2) In this section:
protected person means:
(a) the Board or Tribunal or a member of the Board or
Tribunal, or
(b) the proprietor, editor or publisher of a newspaper, or
(c) the proprietor or broadcaster of a radio or television station
or the producer of a radio or television show, or
(d) an internet service provider or internet content host, or
(e) a member of staff of or a person acting at the direction of
any person or entity referred to in this definition, or
(f) any person, or person belonging to a class of persons,
prescribed by the regulations for the purposes of this
section.
[7] Schedule 7 Savings and transitional provisions
Insert at the end of clause 2 (1):
Health Legislation Amendment (Unregistered Health
Practitioners) Act 2006 (but only to the extent that it amends
this Act)
[8] Schedule 7, Part 3
Insert after Part 2:
Part 3 Provisions consequent on enactment of
Health Legislation Amendment
(Unregistered Health Practitioners)
Act 2006
16 Definition
In this Part:
amending Act means the Health Legislation Amendment
(Unregistered Health Practitioners) Act 2006.
Page 27
Health Legislation Amendment (Unregistered Health Practitioners) Bill 2006
Schedule 3 Amendment of other Acts
17 Prohibition orders
The Tribunal may make a prohibition order under section 53 (3A)
with respect to either or both of the following:
(a) conduct or any other matter or thing that occurred before,
or partly before and partly after, that subsection was
inserted by the amending Act,
(b) a complaint that has been made but not fully dealt with
before that subsection was inserted by the amending Act.
18 Decisions of the Tribunal
Section 115 (4), as substituted by the amending Act, applies only
in respect of a statement of a decision that is given after the
commencement of that subsection.
19 Cancelled registrations to be publicly available
Section 121A, as inserted by the amending Act, extends to a
person who was, immediately before the commencement of that
section, subject to an order of the Tribunal or the Supreme Court
that the person's registration be cancelled or that the person not
be re-registered.
3.2 Dental Practice Act 2001 No 64
[1] Section 4 Definitions
Insert in alphabetical order:
health service has the same meaning as in the Health Care
Complaints Act 1993.
prohibition order has the same meaning as in section 71 (3A).
[2] Section 71 Powers of the Tribunal
Insert after section 71 (3):
(3A) If the Tribunal makes an order under subsection (2) in respect of
a person and it is satisfied that the person poses a substantial risk
to the health of members of the public, it may by order (a
prohibition order) do any one or more of the following:
(a) prohibit the person from providing health services or
specified health services for the period specified in the
order or permanently,
Page 28
Health Legislation Amendment (Unregistered Health Practitioners) Bill 2006
Amendment of other Acts Schedule 3
(b) place such conditions as the Tribunal thinks appropriate on
the provision of health services or specified health services
by the person for the period specified in the order or
permanently.
Note. Section 10AK (1) of the Public Health Act 1991 provides that it is
an offence for a person to provide a health service in contravention of a
prohibition order.
(3B) If the Tribunal is aware that a person in respect of whom it is
proposing to make a prohibition order is registered under a health
registration Act other than this Act, the Tribunal is, before
making the prohibition order, to notify the board constituted
under that other Act of the proposed order and give that board an
opportunity to make a submission.
[3] Section 102 Right of review
Omit "an order" from section 102 (1).
Insert instead "a prohibition order in respect of the person or of an order".
[4] Section 104 Powers on review
Insert after section 104 (1) (d):
(e) by its order terminate or shorten the period of a prohibition
order or alter the conditions to which the person is subject
under a prohibition order (including by imposing new
conditions).
[5] Section 136 Tribunal to provide details of its decision
Omit section 136 (4). Insert instead:
(4) The Board:
(a) must make publicly available a statement of a decision
provided to it under this section if the decision is in respect
of a complaint that has been proved or admitted in whole
or in part, and
(b) may disseminate any other statement of a decision as the
Board thinks fit,
unless the Tribunal has ordered otherwise.
Page 29
Health Legislation Amendment (Unregistered Health Practitioners) Bill 2006
Schedule 3 Amendment of other Acts
[6] Sections 147A and 147B
Insert after section 147:
147A Cancelled registrations to be publicly available
(1) The Board is to make publicly available:
(a) the name of each person who is subject to an order of the
Tribunal or the Supreme Court that the person's
registration be cancelled or that the person not be
re-registered, and
(b) such other information about the person as may be
prescribed by the regulations.
(2) The Board is to ensure that the information required to be made
publicly available under subsection (1) is provided to the
Commission.
(3) The Board is not required to make publicly available information
about a person:
(a) who is deceased, or
(b) who belongs to a class of persons prescribed by the
regulations for the purposes of this section.
147B Protection from liability for certain publications
(1) A publication in good faith under section 136 or 147A does not
subject a protected person to any liability (including liability in
defamation).
(2) In this section:
protected person means:
(a) the Board or Tribunal or a member of the Board or
Tribunal, or
(b) the proprietor, editor or publisher of a newspaper, or
(c) the proprietor or broadcaster of a radio or television station
or the producer of a radio or television show, or
(d) an internet service provider or internet content host, or
(e) a member of staff of or a person acting at the direction of
any person or entity referred to in this definition, or
(f) any person, or person belonging to a class of persons,
prescribed by the regulations for the purposes of this
section.
Page 30
Health Legislation Amendment (Unregistered Health Practitioners) Bill 2006
Amendment of other Acts Schedule 3
[7] Schedule 7 Savings and transitional provisions
Insert at the end of clause 2 (1):
Health Legislation Amendment (Unregistered Health
Practitioners) Act 2006 (but only to the extent that it amends
this Act)
[8] Schedule 7, Part 3
Insert after Part 2:
Part 3 Provisions consequent on enactment of
Health Legislation Amendment
(Unregistered Health Practitioners)
Act 2006
21 Definition
In this Part:
amending Act means the Health Legislation Amendment
(Unregistered Health Practitioners) Act 2006.
22 Prohibition orders
The Tribunal may make a prohibition order under section 71 (3A)
with respect to either or both of the following:
(a) conduct or any other matter or thing that occurred before,
or partly before and partly after, that subsection was
inserted by the amending Act,
(b) a complaint that has been made but not fully dealt with
before that subsection was inserted by the amending Act.
23 Decisions of the Tribunal
Section 136 (4), as substituted by the amending Act, applies only
in respect of a statement of a decision that is given after the
commencement of that subsection.
24 Cancelled registrations to be publicly available
Section 147A, as inserted by the amending Act, extends to a
person who was, immediately before the commencement of that
section, subject to an order of the Tribunal or the Supreme Court
that the person's registration be cancelled or that the person not
be re-registered.
Page 31
Health Legislation Amendment (Unregistered Health Practitioners) Bill 2006
Schedule 3 Amendment of other Acts
3.3 Dental Technicians Registration Act 1975 No 40
[1] Section 5 Definitions
Insert in alphabetical order in section 5 (1):
Commission means the Health Care Complaints Commission
constituted under the Health Care Complaints Act 1993.
health registration Act has the same meaning as in the Health
Care Complaints Act 1993.
health service has the same meaning as in the Health Care
Complaints Act 1993.
prohibition order has the same meaning as in section 19B.
[2] Section 5 (5)
Insert after section 5 (4):
(5) Notes included in this Act do not form part of this Act.
[3] Sections 19 (1), 19A (1) and 20A
Omit "Health Care Complaints Commission" wherever occurring.
Insert instead "Commission".
[4] Section 19B
Insert after section 19A:
19B Prohibition orders against dental technicians and dental
prosthetists
(1) If the board is satisfied after an inquiry under section 20, or after
the investigation by the Commission under the Health Care
Complaints Act 1993 of a complaint of which the Commission is
notified under section 20A, that a dental technician or a dental
prosthetist poses a substantial risk to the health of members of the
public, the board may by order (a prohibition order) do any one
or more of the following:
(a) prohibit the person from providing health services or
specified health services for the period specified in the
order or permanently,
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Health Legislation Amendment (Unregistered Health Practitioners) Bill 2006
Amendment of other Acts Schedule 3
(b) place such conditions as the board thinks appropriate on
the provision of health services or specified health services
by the person for the period specified in the order or
permanently.
Note. Section 10AK (1) of the Public Health Act 1991 provides that it is
an offence for a person to provide a health service in contravention of a
prohibition order.
(2) If the board is aware that a person in respect of whom it is
proposing to make a prohibition order is registered under a health
registration Act other than this Act, the board is, before making
the prohibition order, to notify the board constituted under that
other Act of the proposed order and give that board an
opportunity to make a submission.
[5] Sections 21 (1) (b), 30 (c) and 34A (1) and (7)
Omit "19 or 19A" wherever occurring. Insert instead "19, 19A or 19B".
[6] Section 22 Notations in register
Insert at the end of the section:
(2) Where the board makes an order under section 19B, or the
District Court confirms such an order or makes some other order
in respect of an appeal made to it in respect of such an order the
secretary is to make a notation of the terms of the order made by
the board and, as the case may require, of the order made by the
District Court:
(a) if the person in respect of whom the order has been made
is not a dental prosthetist--in the register adjacent to the
name of the person, and
(b) if the person in respect of whom the order has been made
is a dental prosthetist--in the index adjacent to the name
of the person.
[7] Section 34A Written statements of decisions
Omit "sections 19 and 19A" from section 34A (2).
Insert instead "section 19, 19A or 19B".
Page 33
Health Legislation Amendment (Unregistered Health Practitioners) Bill 2006
Schedule 3 Amendment of other Acts
[8] Section 34A (7A)
Insert after section 34A (7):
(7A) The board:
(a) must make publicly available a statement of a decision if
the decision is in respect of a complaint about misconduct
with respect to the practice of dental prosthetics that has
been proved or admitted in whole or in part and ensure that
any such statement is provided to the Commission, and
(b) may disseminate any other statement of a decision as the
board thinks fit.
[9] Sections 34B and 34C
Insert after section 34A:
34B Cancelled registrations to be publicly available
(1) The board is to make publicly available:
(a) the name of each person who is subject to an order of the
board or the District Court that the person's name be
removed from the register or that the person's dental
prosthetist's practising certificate be cancelled, and
(b) such other information about the person as may be
prescribed by the regulations.
(2) The board is to ensure that the information required to be made
publicly available under subsection (1) is provided to the
Commission.
(3) The board is not required to make publicly available information
about a person:
(a) who is deceased, or
(b) who belongs to a class of persons prescribed by the
regulations for the purposes of this section.
34C Protection from liability for certain publications
(1) A publication in good faith under section 34A or 34B does not
subject a protected person to any liability (including liability in
defamation).
(2) In this section:
protected person means:
(a) the board or a member of the board, or
(b) the proprietor, editor or publisher of a newspaper, or
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Health Legislation Amendment (Unregistered Health Practitioners) Bill 2006
Amendment of other Acts Schedule 3
(c) the proprietor or broadcaster of a radio or television station
or the producer of a radio or television show, or
(d) an internet service provider or internet content host, or
(e) a member of staff of or a person acting at the direction of
any person or entity referred to in this definition, or
(f) any person, or person belonging to a class of persons,
prescribed by the regulations for the purposes of this
section.
[10] Section 37 and Schedule 1
Omit the heading to Part 5. Insert instead:
37 Savings, transitional and other provisions
Schedule 1 has effect.
Schedule 1 Savings, transitional and other
provisions
(Section 37)
Part 1 Preliminary
1 Regulations
(1) The regulations may contain provisions of a savings or
transitional nature consequent on the enactment of the following
Acts:
Health Legislation Amendment (Unregistered Health
Practitioners) Act 2006 (but only to the extent that it amends this
Act)
(2) Any such provision may, if the regulations so provide, take effect
from the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect from a date
that is earlier than the date of its publication in the Gazette, the
provision does not operate so as:
(a) to affect, in a manner prejudicial to any person (other than
the State or an authority of the State), the rights of that
person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or
an authority of the State) in respect of anything done or
omitted to be done before the date of its publication.
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Health Legislation Amendment (Unregistered Health Practitioners) Bill 2006
Schedule 3 Amendment of other Acts
Part 2 Provisions consequent on enactment of
Health Legislation Amendment
(Unregistered Health Practitioners)
Act 2006
2 Definition
In this Part:
amending Act means the Health Legislation Amendment
(Unregistered Health Practitioners) Act 2006.
3 Prohibition orders
The board may make a prohibition order under section 19B (1)
with respect to either or both of the following:
(a) conduct or any other matter or thing that occurred before,
or partly before and partly after, that subsection was
inserted by the amending Act,
(b) a complaint that has been made but not fully dealt with
before that subsection was inserted by the amending Act.
4 Decisions of the board
Section 34A (7A), as inserted by the amending Act, applies only
in respect of a statement of a decision that is given after the
commencement of that subsection.
5 Cancelled registrations to be publicly available
Section 34B, as inserted by the amending Act, extends to a person
who was, immediately before the commencement of that section,
subject to an order of the board or the District Court that the
person's name be removed from the register or that the person's
dental prosthetist's practising certificate be cancelled.
Page 36
Health Legislation Amendment (Unregistered Health Practitioners) Bill 2006
Amendment of other Acts Schedule 3
3.4 Medical Practice Act 1992 No 94
[1] Section 64 Tribunal can suspend or deregister in certain cases
Insert after section 64 (2):
(2A) If the Tribunal makes an order under subsection (1) in respect of
a person and it is satisfied that the person poses a substantial risk
to the health of members of the public, it may by order (a
prohibition order) do any one or more of the following:
(a) prohibit the person from providing health services or
specified health services for the period specified in the
order or permanently,
(b) place such conditions as the Tribunal thinks appropriate on
the provision of health services or specified health services
by the person for the period specified in the order or
permanently.
Note. Section 10AK (1) of the Public Health Act 1991 provides that it is
an offence for a person to provide a health service in contravention of a
prohibition order.
(2B) If the Tribunal is aware that a person in respect of whom it is
proposing to make a prohibition order is registered under a health
registration Act other than this Act, the Tribunal is, before
making the prohibition order, to notify the board constituted
under that other Act of the proposed order and give that board an
opportunity to make a submission.
[2] Section 92 Right of review
Omit "an order" from section 92 (1).
Insert instead "a prohibition order in respect of the person or of an order".
[3] Section 94 Powers on review
Insert after section 94 (1) (d):
(e) by its order terminate or shorten the period of a prohibition
order or alter the conditions to which the person is subject
under a prohibition order (including by imposing new
conditions).
Page 37
Health Legislation Amendment (Unregistered Health Practitioners) Bill 2006
Schedule 3 Amendment of other Acts
[4] Section 165 Tribunal to provide details of its decision
Omit section 165 (4). Insert instead:
(4) The Board:
(a) must make publicly available a statement of a decision
provided to it under this section if the decision is in respect
of a complaint that has been proved or admitted in whole
or in part, and
(b) may disseminate any other statement of a decision as the
Board thinks fit,
unless the Tribunal has ordered otherwise.
[5] Sections 191C and 191D
Insert after section 191B:
191C Cancelled registrations to be publicly available
(1) The Board is to make publicly available:
(a) the name of each person who is subject to an order of the
Tribunal or the Supreme Court that the person's name be
removed from the Register or that the person not be
re-registered, and
(b) such other information about the person as may be
prescribed by the regulations.
(2) The Board is to ensure that the information required to be made
publicly available under subsection (1) is provided to the
Commission.
(3) The Board is not required to make publicly available information
about a person:
(a) who is deceased, or
(b) who belongs to a class of persons prescribed by the
regulations for the purposes of this section.
191D Protection from liability for certain publications
(1) A publication in good faith under section 165 or 191C does not
subject a protected person to any liability (including liability in
defamation).
(2) In this section:
protected person means:
(a) the Board or Tribunal or a member of the Board or
Tribunal, or
Page 38
Health Legislation Amendment (Unregistered Health Practitioners) Bill 2006
Amendment of other Acts Schedule 3
(b) the proprietor, editor or publisher of a newspaper, or
(c) the proprietor or broadcaster of a radio or television station
or the producer of a radio or television show, or
(d) an internet service provider or internet content host, or
(e) a member of staff of or a person acting at the direction of
any person or entity referred to in this definition, or
(f) any person, or person belonging to a class of persons,
prescribed by the regulations for the purposes of this
section.
[6] Schedule 5 Savings and transitional provisions
Insert at the end of clause 2 (1):
Health Legislation Amendment (Unregistered Health
Practitioners) Act 2006 (but only to the extent that it amends
this Act)
[7] Schedule 5, Part 6
Insert after Part 5:
Part 6 Provisions consequent on enactment of
Health Legislation Amendment
(Unregistered Health Practitioners)
Act 2006
32 Definition
In this Part:
amending Act means the Health Legislation Amendment
(Unregistered Health Practitioners) Act 2006.
33 Prohibition orders
The Tribunal may make a prohibition order under section 64 (2A)
with respect to either or both of the following:
(a) conduct or any other matter or thing that occurred before,
or partly before and partly after, that subsection was
inserted by the amending Act,
(b) a complaint that has been made but not fully dealt with
before that subsection was inserted by the amending Act.
Page 39
Health Legislation Amendment (Unregistered Health Practitioners) Bill 2006
Schedule 3 Amendment of other Acts
34 Decisions of the Tribunal
Section 165 (4), as substituted by the amending Act, applies only
in respect of a statement of a decision that is given after the
commencement of that subsection.
35 Cancelled registrations to be publicly available
Section 191C, as inserted by the amending Act, extends to a
person who was, immediately before the commencement of that
section, subject to an order of the Tribunal or the Supreme Court
that the person's name be removed from the Register or that the
person not be re-registered.
[8] Dictionary
Insert in alphabetical order in clause 1:
health registration Act has the same meaning as in the Health
Care Complaints Act 1993.
prohibition order has the same meaning as in section 64 (2A).
3.5 Nurses and Midwives Act 1991 No 9
[1] Section 3 Definitions
Insert in alphabetical order in section 3 (1):
health service has the same meaning as in the Health Care
Complaints Act 1993.
prohibition order has the same meaning as in section 64 (5A).
[2] Section 64 Determinations of the Tribunal
Insert after section 64 (5):
(5A) If the Tribunal makes an order under subsection (1) (g) or (5) in
respect of a person and it is satisfied that the person poses a
substantial risk to the health of members of the public, it may by
order (a prohibition order) do any one or more of the following:
(a) prohibit the person from providing health services or
specified health services for the period specified in the
order or permanently,
(b) place such conditions as the Tribunal thinks appropriate on
the provision of health services or specified health services
by the person for the period specified in the order or
permanently.
Note. Section 10AK (1) of the Public Health Act 1991 provides that it is
an offence for a person to provide a health service in contravention of a
prohibition order.
Page 40
Health Legislation Amendment (Unregistered Health Practitioners) Bill 2006
Amendment of other Acts Schedule 3
(5B) If the Tribunal is aware that a person in respect of whom it is
proposing to make a prohibition order is registered under a health
registration Act other than this Act, the Tribunal is, before
making the prohibition order, to notify the board constituted
under that other Act of the proposed order and give that board an
opportunity to make a submission.
[3] Section 66 Decisions of the Tribunal
Insert ", the Board" after "midwife concerned" in section 66 (3).
[4] Section 66 (6A)
Insert after section 66 (6):
(6A) The Board:
(a) must make publicly available a statement of a decision
provided to it under this section if the decision is in respect
of a complaint that has been proved or admitted in whole
or in part, and
(b) may disseminate any other statement of a decision as the
Board thinks fit,
unless the Tribunal has ordered otherwise.
[5] Section 68 Review of suspension or cancellation of registration or
enrolment by the Tribunal
Insert at the end of section 68 (1) (b):
or
(c) who is the subject of a prohibition order,
[6] Section 68 (1)
Omit "suspension or removal".
Insert instead "suspension, removal or prohibition order".
[7] Section 68 (4) (d)
Insert at the end of section 68 (4) (c) (ii):
, or
(d) by its order terminate or shorten the period of a prohibition
order or alter the conditions to which the person is subject
under a prohibition order (including by imposing new
conditions).
Page 41
Health Legislation Amendment (Unregistered Health Practitioners) Bill 2006
Schedule 3 Amendment of other Acts
[8] Sections 69A and 69B
Insert after section 69:
69A Cancelled registrations or enrolments to be publicly available
(1) The Board is to make publicly available:
(a) the name of each person who is subject to an order of the
Tribunal or the Supreme Court that the person's name be
removed from a Register or the Roll, and
(b) such other information about the person as may be
prescribed by the regulations.
(2) The Board is to ensure that the information required to be made
publicly available under subsection (1) is provided to the
Commission.
(3) The Board is not required to make publicly available information
about a person:
(a) who is deceased, or
(b) who belongs to a class of persons prescribed by the
regulations for the purposes of this section.
69B Protection from liability for certain publications
(1) A publication in good faith under section 66 or 69A does not
subject a protected person to any liability (including liability in
defamation).
(2) In this section:
protected person means:
(a) the Board or Tribunal or a member of the Board or
Tribunal, or
(b) the proprietor, editor or publisher of a newspaper, or
(c) the proprietor or broadcaster of a radio or television station
or the producer of a radio or television show, or
(d) an internet service provider or internet content host, or
(e) a member of staff of or a person acting at the direction of
any person or entity referred to in this definition, or
(f) any person, or person belonging to a class of persons,
prescribed by the regulations for the purposes of this
section.
Page 42
Health Legislation Amendment (Unregistered Health Practitioners) Bill 2006
Amendment of other Acts Schedule 3
[9] Schedule 3 Savings and transitional provisions
Insert at the end of clause 2 (1):
Health Legislation Amendment (Unregistered Health
Practitioners) Act 2006 (but only to the extent that it amends
this Act)
[10] Schedule 3, Part 5
Insert after Part 4:
Part 5 Provisions consequent on enactment of
Health Legislation Amendment
(Unregistered Health Practitioners)
Act 2006
26 Definition
In this Part:
amending Act means the Health Legislation Amendment
(Unregistered Health Practitioners) Act 2006.
27 Prohibition orders
The Tribunal may make a prohibition order under section 64 (5A)
with respect to either or both of the following:
(a) conduct or any other matter or thing that occurred before,
or partly before and partly after, that subsection was
inserted by the amending Act,
(b) a complaint that has been made but not fully dealt with
before that subsection was inserted by the amending Act.
28 Decisions of the Tribunal
Section 66 (6A), as inserted by the amending Act, applies only in
respect of a statement of a decision that is given after the
commencement of that subsection.
29 Cancelled registrations to be publicly available
Section 69A, as inserted by the amending Act, extends to a
person who was, immediately before the commencement of that
section, subject to an order of the Tribunal or the Supreme Court
that the person's name be removed from a Register or the Roll.
Page 43
Health Legislation Amendment (Unregistered Health Practitioners) Bill 2006
Schedule 3 Amendment of other Acts
3.6 Optical Dispensers Act 1963 No 35
[1] Section 2 Definitions
Insert in alphabetical order in section 2 (1):
Commission means the Health Care Complaints Commission
constituted under the Health Care Complaints Act 1993.
Health registration Act has the same meaning as in the Health
Care Complaints Act 1993.
Health service has the same meaning as in the Health Care
Complaints Act 1993.
Prohibition order has the same meaning as in section 25 (5).
[2] Section 2 (3)
Insert after section 2 (2):
(3) Notes included in this Act do not form part of this Act.
[3] Section 25 Proceedings before board against optical dispenser
Insert after section 25 (4):
(5) The board may, after inquiry under this section, if it is satisfied
that a person poses a substantial risk to the health of members of
the public, by order (a prohibition order) do any one or more of
the following:
(a) prohibit the person from providing health services or
specified health services for the period specified in the
order or permanently,
(b) place such conditions as the board thinks appropriate on
the provision of health services or specified health services
by the person for the period specified in the order or
permanently.
Note. Section 10AK (1) of the Public Health Act 1991 provides that it is
an offence for a person to provide a health service in contravention of a
prohibition order.
(6) If the board is aware that a person in respect of whom it is
proposing to make a prohibition order is registered under a health
registration Act other than this Act, the board is, before making
the prohibition order, to notify the board constituted under that
other Act of the proposed order and give that board an
opportunity to make a submission.
Page 44
Health Legislation Amendment (Unregistered Health Practitioners) Bill 2006
Amendment of other Acts Schedule 3
[4] Section 25A Notification of complaints to, and their investigation by, the
Commission
Omit "Health Care Complaints Commission" wherever occurring.
Insert instead "Commission".
[5] Section 26A Written statements of decisions
Omit "or to suspend a person's licence," from section 26A (1).
Insert instead ", to suspend a person's licence or to make a prohibition order
in respect of a person,".
[6] Section 26A (7A)
Insert after section 26A (7):
(7A) The board:
(a) must make publicly available a statement of a decision if
the decision is in respect of a complaint that has been
proved or admitted in whole or in part and ensure that any
such statement is provided to the Commission, and
(b) may disseminate any other statement of a decision as the
board thinks fit.
[7] Section 27 Right of appeal
Omit "a district court" from section 27 (1). Insert instead "the District Court".
[8] Section 27 (3)
Insert "a prohibition order, a" after "An appeal against".
[9] Sections 33A and 33B
Insert after section 33:
33A Cancelled registrations to be publicly available
(1) The board is to make publicly available:
(a) the name of each person whose name is removed from the
register under section 25 (1) or by order of a judge of the
District Court, and
(b) such other information about the person as may be
prescribed by the regulations.
(2) The board is to ensure that the information required to be made
publicly available under subsection (1) is provided to the
Commission.
Page 45
Health Legislation Amendment (Unregistered Health Practitioners) Bill 2006
Schedule 3 Amendment of other Acts
(3) The board is not required to make publicly available information
about a person:
(a) who is deceased, or
(b) who belongs to a class of persons prescribed by the
regulations for the purposes of this section.
33B Protection from liability for certain publications
(1) A publication in good faith under section 26A or 33A does not
subject a protected person to any liability (including liability in
defamation).
(2) In this section:
protected person means:
(a) the board or a member of the board, or
(b) the proprietor, editor or publisher of a newspaper, or
(c) the proprietor or broadcaster of a radio or television station
or the producer of a radio or television show, or
(d) an internet service provider or internet content host, or
(e) a member of staff of or a person acting at the direction of
any person or entity referred to in this definition, or
(f) any person, or person belonging to a class of persons,
prescribed by the regulations for the purposes of this
section.
[10] Schedule 1 Savings and transitional provisions
Insert before clause 1:
Part 1 Preliminary
[11] Schedule 1, clause 1 (1)
Insert at the end of the subclause:
Health Legislation Amendment (Unregistered Health
Practitioners) Act 2006 (but only to the extent that it amends
this Act)
Page 46
Health Legislation Amendment (Unregistered Health Practitioners) Bill 2006
Amendment of other Acts Schedule 3
[12] Schedule 1, Part 2
Insert after clause 1:
Part 2 Provisions consequent on enactment of
Health Legislation Amendment
(Unregistered Health Practitioners)
Act 2006
2 Definition
In this Part:
amending Act means the Health Legislation Amendment
(Unregistered Health Practitioners) Act 2006.
3 Prohibition orders
The board may make a prohibition order under section 25 (5)
with respect to either or both of the following:
(a) conduct or any other matter or thing that occurred before,
or partly before and partly after, that subsection was
inserted by the amending Act,
(b) a complaint that has been made but not fully dealt with
before that subsection was inserted by the amending Act.
4 Decisions of the board
Section 26 (7A), as inserted by the amending Act, applies only in
respect of a statement of a decision that is given after the
commencement of that subsection.
5 Cancelled registrations to be publicly available
Section 33A, as inserted by the amending Act, extends to a
person whose name is removed from the register, before the
commencement of that section, under section 25 (1) or by order
of a judge of the District Court.
3.7 Optometrists Act 2002 No 30
[1] Section 4 Definitions
Insert in alphabetical order:
health service has the same meaning as in the Health Care
Complaints Act 1993.
prohibition order has the same meaning as in section 57 (3A).
Page 47
Health Legislation Amendment (Unregistered Health Practitioners) Bill 2006
Schedule 3 Amendment of other Acts
[2] Section 57 Powers of the Tribunal
Insert after section 57 (3):
(3A) If the Tribunal makes an order under subsection (2) in respect of
a person and it is satisfied that the person poses a substantial risk
to the health of members of the public, it may by order (a
prohibition order) do any one or more of the following:
(a) prohibit the person from providing health services or
specified health services for the period specified in the
order or permanently,
(b) place such conditions as the Tribunal thinks appropriate on
the provision of health services or specified health services
by the person for the period specified in the order or
permanently.
Note. Section 10AK (1) of the Public Health Act 1991 provides that it is
an offence for a person to provide a health service in contravention of a
prohibition order.
(3B) If the Tribunal is aware that a person in respect of whom it is
proposing to make a prohibition order is registered under a health
registration Act other than this Act, the Tribunal is, before
making the prohibition order, to notify the board constituted
under that other Act of the proposed order and give that board an
opportunity to make a submission.
[3] Section 85 Right of review
Omit "an order" from section 85 (1).
Insert instead "a prohibition order in respect of the person or of an order".
[4] Section 87 Powers on review
Insert after section 87 (1) (d):
(e) by its order terminate or shorten the period of a prohibition
order or alter the conditions to which the person is subject
under a prohibition order (including by imposing new
conditions).
[5] Section 119 Tribunal to provide details of its decision
Omit section 119 (4). Insert instead:
(4) The Board:
(a) must make publicly available a statement of a decision
provided to it under this section if the decision is in respect
of a complaint that has been proved or admitted in whole
or in part, and
Page 48
Health Legislation Amendment (Unregistered Health Practitioners) Bill 2006
Amendment of other Acts Schedule 3
(b) may disseminate any other statement of a decision as the
Board thinks fit,
unless the Tribunal has ordered otherwise.
[6] Sections 125A and 125B
Insert after section 125:
125A Cancelled registrations to be publicly available
(1) The Board is to make publicly available:
(a) the name of each person who is subject to an order of the
Tribunal or the Supreme Court that the person's
registration be cancelled or that the person not be
re-registered, and
(b) such other information about the person as may be
prescribed by the regulations.
(2) The Board is to ensure that the information required to be made
publicly available under subsection (1) is provided to the
Commission.
(3) The Board is not required to make publicly available information
about a person:
(a) who is deceased, or
(b) who belongs to a class of persons prescribed by the
regulations for the purposes of this section.
125B Protection from liability for certain publications
(1) A publication in good faith under section 119 or 125A does not
subject a protected person to any liability (including liability in
defamation).
(2) In this section:
protected person means:
(a) the Board or Tribunal or a member of the Board or
Tribunal, or
(b) the proprietor, editor or publisher of a newspaper, or
(c) the proprietor or broadcaster of a radio or television station
or the producer of a radio or television show, or
(d) an internet service provider or internet content host, or
(e) a member of staff of or a person acting at the direction of
any person or entity referred to in this definition, or
Page 49
Health Legislation Amendment (Unregistered Health Practitioners) Bill 2006
Schedule 3 Amendment of other Acts
(f) any person, or person belonging to a class of persons,
prescribed by the regulations for the purposes of this
section.
[7] Schedule 7 Savings and transitional provisions
Insert at the end of clause 2 (1):
Health Legislation Amendment (Unregistered Health
Practitioners) Act 2006 (but only to the extent that it amends
this Act)
[8] Schedule 7, Part 3
Insert after Part 2:
Part 3 Provisions consequent on enactment of
Health Legislation Amendment
(Unregistered Health Practitioners)
Act 2006
14 Definition
In this Part:
amending Act means the Health Legislation Amendment
(Unregistered Health Practitioners) Act 2006.
15 Prohibition orders
The Tribunal may make a prohibition order under section 57 (3A)
with respect to either or both of the following:
(a) conduct or any other matter or thing that occurred before,
or partly before and partly after, that subsection was
inserted by the amending Act,
(b) a complaint that has been made but not fully dealt with
before that subsection was inserted by the amending Act.
16 Decisions of the Tribunal
Section 119 (4), as substituted by the amending Act, applies only
in respect of a statement of a decision that is given after the
commencement of that subsection.
Page 50
Health Legislation Amendment (Unregistered Health Practitioners) Bill 2006
Amendment of other Acts Schedule 3
17 Cancelled registrations to be publicly available
Section 125A, as inserted by the amending Act, extends to a
person who was, immediately before the commencement of that
section, subject to an order of the Tribunal or the Supreme Court
that the person's registration be cancelled or that the person not
be re-registered.
3.8 Osteopaths Act 2001 No 16
[1] Section 4 Definitions
Insert in alphabetical order:
health service has the same meaning as in the Health Care
Complaints Act 1993.
prohibition order has the same meaning as in section 53 (3A).
[2] Section 53 Powers of the Tribunal
Insert after section 53 (3):
(3A) If the Tribunal makes an order under subsection (2) in respect of
a person and it is satisfied that the person poses a substantial risk
to the health of members of the public, it may by order (a
prohibition order) do any one or more of the following:
(a) prohibit the person from providing health services or
specified health services for the period specified in the
order or permanently,
(b) place such conditions as the Tribunal thinks appropriate on
the provision of health services or specified health services
by the person for the period specified in the order or
permanently.
Note. Section 10AK (1) of the Public Health Act 1991 provides that it is
an offence for a person to provide a health service in contravention of a
prohibition order.
(3B) If the Tribunal is aware that a person in respect of whom it is
proposing to make a prohibition order is registered under a health
registration Act other than this Act, the Tribunal is, before
making the prohibition order, to notify the board constituted
under that other Act of the proposed order and give that board an
opportunity to make a submission.
[3] Section 81 Right of review
Omit "an order" from section 81 (1).
Insert instead "a prohibition order in respect of the person or of an order".
Page 51
Health Legislation Amendment (Unregistered Health Practitioners) Bill 2006
Schedule 3 Amendment of other Acts
[4] Section 83 Powers on review
Insert after section 83 (1) (d):
(e) by its order terminate or shorten the period of a prohibition
order or alter the conditions to which the person is subject
under a prohibition order (including by imposing new
conditions).
[5] Section 115 Tribunal to provide details of its decision
Omit section 115 (4). Insert instead:
(4) The Board:
(a) must make publicly available a statement of a decision
provided to it under this section if the decision is in respect
of a complaint that has been proved or admitted in whole
or in part, and
(b) may disseminate any other statement of a decision as the
Board thinks fit,
unless the Tribunal has ordered otherwise.
[6] Sections 121A and 121B
Insert after section 121:
121A Cancelled registrations to be publicly available
(1) The Board is to make publicly available:
(a) the name of each person who is subject to an order of the
Tribunal or the Supreme Court that the person's
registration be cancelled or that the person not be
re-registered, and
(b) such other information about the person as may be
prescribed by the regulations.
(2) The Board is to ensure that the information required to be made
publicly available under subsection (1) is provided to the
Commission.
(3) The Board is not required to make publicly available information
about a person:
(a) who is deceased, or
(b) who belongs to a class of persons prescribed by the
regulations for the purposes of this section.
Page 52
Health Legislation Amendment (Unregistered Health Practitioners) Bill 2006
Amendment of other Acts Schedule 3
121B Protection from liability for certain publications
(1) A publication in good faith under section 115 or 121A does not
subject a protected person to any liability (including liability in
defamation).
(2) In this section:
protected person means:
(a) the Board or Tribunal or a member of the Board or
Tribunal, or
(b) the proprietor, editor or publisher of a newspaper, or
(c) the proprietor or broadcaster of a radio or television station
or the producer of a radio or television show, or
(d) an internet service provider or internet content host, or
(e) a member of staff of or a person acting at the direction of
any person or entity referred to in this definition, or
(f) any person, or person belonging to a class of persons,
prescribed by the regulations for the purposes of this
section.
[7] Schedule 7 Savings and transitional provisions
Insert at the end of clause 2 (1):
Health Legislation Amendment (Unregistered Health
Practitioners) Act 2006 (but only to the extent that it amends
this Act)
[8] Schedule 7, Part 3
Insert after Part 2:
Part 3 Provisions consequent on enactment of
Health Legislation Amendment
(Unregistered Health Practitioners)
Act 2006
15 Definition
In this Part:
amending Act means the Health Legislation Amendment
(Unregistered Health Practitioners) Act 2006.
Page 53
Health Legislation Amendment (Unregistered Health Practitioners) Bill 2006
Schedule 3 Amendment of other Acts
16 Prohibition orders
The Tribunal may make a prohibition order under section 53 (3A)
with respect to either or both of the following:
(a) conduct or any other matter or thing that occurred before,
or partly before and partly after, that subsection was
inserted by the amending Act,
(b) a complaint that has been made but not fully dealt with
before that subsection was inserted by the amending Act.
17 Decisions of the Tribunal
Section 115 (4), as substituted by the amending Act, applies only
in respect of a statement of a decision that is given after the
commencement of that subsection.
18 Cancelled registrations to be publicly available
Section 121A, as inserted by the amending Act, extends to a
person who was, immediately before the commencement of that
section, subject to an order of the Tribunal or the Supreme Court
that the person's registration be cancelled or that the person not
be re-registered.
3.9 Pharmacy Act 1964 No 48
[1] Section 3 Definitions
Insert in alphabetical order in section 3 (1):
Commission means the Health Care Complaints Commission
constituted under the Health Care Complaints Act 1993.
Health registration Act has the same meaning as in the Health
Care Complaints Act 1993.
Health service has the same meaning as in the Health Care
Complaints Act 1993.
Prohibition order has the same meaning as in section 20 (2A).
[2] Sections 19B (1), 19D (2), 19E (1) and 19F (b1)
Omit "Health Care Complaints Commission" wherever occurring.
Insert instead "Commission".
Page 54
Health Legislation Amendment (Unregistered Health Practitioners) Bill 2006
Amendment of other Acts Schedule 3
[3] Section 20 Consequences of misconduct etc
Insert after section 20 (2):
(2A) If the Board makes an order under subsection (1) (h) or (i) in
respect of a person and it is satisfied that the person poses a
substantial risk to the health of members of the public, it may by
order (a prohibition order) do any one or more of the following:
(a) prohibit the person from providing health services or
specified health services for the period specified in the
order or permanently,
(b) place such conditions as the Board thinks appropriate on
the provision of health services or specified health services
by the person for the period specified in the order or
permanently.
Note. Section 10AK (1) of the Public Health Act 1991 provides that it is
an offence for a person to provide a health service in contravention of a
prohibition order.
(2B) If the Board is aware that a person in respect of whom it is
proposing to make a prohibition order is registered under a health
registration Act other than this Act, the Board is, before making
the prohibition order, to notify the board constituted under that
other Act of the proposed order and give that board an
opportunity to make a submission.
[4] Section 21A Written statements of decisions
Insert after section 21A (7):
(7A) The Board:
(a) must make publicly available a statement of a decision if
the decision is in respect of a complaint that has been
proved or admitted in whole or in part and ensure that any
such statement is provided to the Commission, and
(b) may disseminate any other statement of a decision as the
Board thinks fit.
[5] Sections 33A and 33B
Insert after section 33:
33A Cancelled registrations to be publicly available
(1) The Board is to make publicly available:
(a) the name of each person who is subject to an order of the
Board or the District Court that the person's name be
removed from the register, and
Page 55
Health Legislation Amendment (Unregistered Health Practitioners) Bill 2006
Schedule 3 Amendment of other Acts
(b) such other information about the person as may be
prescribed by the regulations.
(2) The Board is to ensure that the information required to be made
publicly available under subsection (1) is provided to the
Commission.
(3) The Board is not required to make publicly available information
about a person:
(a) who is deceased, or
(b) who belongs to a class of persons prescribed by the
regulations for the purposes of this section.
33B Protection from liability for certain publications
(1) A publication in good faith under section 21A or 33A does not
subject a protected person to any liability (including liability in
defamation).
(2) In this section:
protected person means:
(a) the Board or a member of the Board, or
(b) the proprietor, editor or publisher of a newspaper, or
(c) the proprietor or broadcaster of a radio or television station
or the producer of a radio or television show, or
(d) an internet service provider or internet content host, or
(e) a member of staff of or a person acting at the direction of
any person or entity referred to in this definition, or
(f) any person, or person belonging to a class of persons,
prescribed by the regulations for the purposes of this
section.
[6] Part 7, heading
Insert before section 39:
Part 7 Savings and transitional provisions
[7] Section 40 Savings and transitional regulations
Insert at the end of section 40 (1):
Health Legislation Amendment (Unregistered Health
Practitioners) Act 2006 (but only to the extent that it amends
this Act)
Page 56
Health Legislation Amendment (Unregistered Health Practitioners) Bill 2006
Amendment of other Acts Schedule 3
[8] Sections 4143
Insert after section 40A:
41 Prohibition orders
The Board may make a prohibition order under section 20 (2A)
with respect to either or both of the following:
(a) conduct or any other matter or thing that occurred before,
or partly before and partly after, that subsection was
inserted by the Health Legislation Amendment
(Unregistered Health Practitioners) Act 2006,
(b) a complaint that has been made but not fully dealt with
before that subsection was inserted by that Act.
42 Decisions of the Board
Section 21A (7A), as inserted by the Health Legislation
Amendment (Unregistered Health Practitioners) Act 2006,
applies only in respect of a statement of a decision that is given
after the commencement of that subsection.
43 Cancelled registrations to be publicly available
Section 33A, as inserted by the Health Legislation Amendment
(Unregistered Health Practitioners) Act 2006, extends to a
person who was, immediately before the commencement of that
section, subject to an order of the Board or the District Court that
the person's name be removed from the register.
3.10 Pharmacy Practice Act 2006 No 59
[1] Section 4 Definitions
Insert in alphabetical order in section 4 (1):
health service has the same meaning as in the Health Care
Complaints Act 1993.
prohibition order has the same meaning as in section 66 (3A).
Page 57
Health Legislation Amendment (Unregistered Health Practitioners) Bill 2006
Schedule 3 Amendment of other Acts
[2] Section 66 Powers of Tribunal
Insert after section 66 (3):
(3A) If the Tribunal makes an order under subsection (2) in respect of
a person and it is satisfied that the person poses a substantial risk
to the health of members of the public, it may by order (a
prohibition order) do any one or more of the following:
(a) prohibit the person from providing health services or
specified health services for the period specified in the
order or permanently,
(b) place such conditions as the Tribunal thinks appropriate on
the provision of health services or specified health services
by the person for the period specified in the order or
permanently.
Note. Section 10AK (1) of the Public Health Act 1991 provides that it is
an offence for a person to provide a health service in contravention of a
prohibition order.
(3B) If the Tribunal is aware that a person in respect of whom it is
proposing to make a prohibition order is registered under a health
registration Act other than this Act, the Tribunal is, before
making the prohibition order, to notify the board constituted
under that other Act of the proposed order and give that board an
opportunity to make a submission.
[3] Section 94 Right of review
Omit "an order" from section 94 (1).
Insert instead "a prohibition order in respect of the person or of an order".
[4] Section 96 Powers on review
Insert after section 96 (1) (d):
(e) by its order terminate or shorten the period of a prohibition
order or alter the conditions to which the person is subject
under a prohibition order (including by imposing new
conditions).
[5] Section 128 Tribunal to provide details of its decision
Omit section 128 (4). Insert instead:
(4) The Board:
(a) must make publicly available a statement of a decision
provided to it under this section if the decision is in respect
of a complaint that has been proved or admitted in whole
or in part, and
Page 58
Health Legislation Amendment (Unregistered Health Practitioners) Bill 2006
Amendment of other Acts Schedule 3
(b) may disseminate any other statement of a decision as the
Board thinks fit,
unless the Tribunal has ordered otherwise.
[6] Sections 144A and 144B
Insert after section 144:
144A Cancelled registrations to be publicly available
(1) The Board is to make publicly available:
(a) the name of each person who is subject to an order of the
Tribunal or the Supreme Court that the person's
registration be cancelled or that the person not be
re-registered, and
(b) such other information about the person as may be
prescribed by the regulations.
(2) The Board is to ensure that the information required to be made
publicly available under subsection (1) is provided to the
Commission.
(3) The Board is not required to make publicly available information
about a person:
(a) who is deceased, or
(b) who belongs to a class of persons prescribed by the
regulations for the purposes of this section.
144B Protection from liability for certain publications
(1) A publication in good faith under section 128 or 144A does not
subject a protected person to any liability (including liability in
defamation).
(2) In this section:
protected person means:
(a) the Board or Tribunal or a member of the Board or
Tribunal, or
(b) the proprietor, editor or publisher of a newspaper, or
(c) the proprietor or broadcaster of a radio or television station
or the producer of a radio or television show, or
(d) an internet service provider or internet content host, or
(e) a member of staff of or a person acting at the direction of
any person or entity referred to in this definition, or
Page 59
Health Legislation Amendment (Unregistered Health Practitioners) Bill 2006
Schedule 3 Amendment of other Acts
(f) any person, or person belonging to a class of persons,
prescribed by the regulations for the purposes of this
section.
[7] Schedule 7 Amendment of other Acts and instruments
Omit "person registered as a pharmacist under the Pharmacy Practice Act
2006" from Schedule 7.17.
Insert instead "a registered pharmacist".
[8] Schedule 8 Savings and transitional provisions
Insert at the end of clause 2 (1):
Health Legislation Amendment (Unregistered Health
Practitioners) Act 2006 (but only to the extent that it amends
this Act)
[9] Schedule 8, Part 3
Insert after Part 2:
Part 3 Provisions consequent on enactment of
Health Legislation Amendment
(Unregistered Health Practitioners)
Act 2006
21 Definition
In this Part:
amending Act means the Health Legislation Amendment
(Unregistered Health Practitioners) Act 2006.
22 Prohibition orders
The Tribunal may make a prohibition order under section 66 (3A)
with respect to either or both of the following:
(a) conduct or any other matter or thing that occurred before,
or partly before and partly after, that subsection was
inserted by the amending Act,
(b) a complaint that has been made but not fully dealt with
before that subsection was inserted by the amending Act.
Page 60
Health Legislation Amendment (Unregistered Health Practitioners) Bill 2006
Amendment of other Acts Schedule 3
23 Decisions of the Tribunal
Section 128 (4), as substituted by the amending Act, applies only
in respect of a statement of a decision that is given after the
commencement of that subsection.
24 Cancelled registrations to be publicly available
Section 144A, as inserted by the amending Act, extends to a
person who was, immediately before the commencement of that
section, subject to an order of the Tribunal or the Supreme Court
that the person's registration be cancelled or that the person not
be re-registered.
3.11 Physiotherapists Act 2001 No 67
[1] Section 4 Definitions
Insert in alphabetical order:
health service has the same meaning as in the Health Care
Complaints Act 1993.
prohibition order has the same meaning as in section 54 (3A).
[2] Section 54 Powers of the Tribunal
Insert after section 54 (3):
(3A) If the Tribunal makes an order under subsection (2) in respect of
a person and it is satisfied that the person poses a substantial risk
to the health of members of the public, it may by order (a
prohibition order) do any one or more of the following:
(a) prohibit the person from providing health services or
specified health services for the period specified in the
order or permanently,
(b) place such conditions as the Tribunal thinks appropriate on
the provision of health services or specified health services
by the person for the period specified in the order or
permanently.
Note. Section 10AK (1) of the Public Health Act 1991 provides that it is
an offence for a person to provide a health service in contravention of a
prohibition order.
(3B) If the Tribunal is aware that a person in respect of whom it is
proposing to make a prohibition order is registered under a health
registration Act other than this Act, the Tribunal is, before
making the prohibition order, to notify the board constituted
under that other Act of the proposed order and give that board an
opportunity to make a submission.
Page 61
Health Legislation Amendment (Unregistered Health Practitioners) Bill 2006
Schedule 3 Amendment of other Acts
[3] Section 82 Right of review
Omit "an order" from section 82 (1).
Insert instead "a prohibition order in respect of the person or of an order".
[4] Section 84 Powers on review
Insert after section 84 (1) (d):
(e) by its order terminate or shorten the period of a prohibition
order or alter the conditions to which the person is subject
under a prohibition order (including by imposing new
conditions).
[5] Section 116 Tribunal to provide details of its decision
Omit section 116 (4). Insert instead:
(4) The Board:
(a) must make publicly available a statement of a decision
provided to it under this section if the decision is in respect
of a complaint that has been proved or admitted in whole
or in part, and
(b) may disseminate any other statement of a decision as the
Board thinks fit,
unless the Tribunal has ordered otherwise.
[6] Sections 122A and 122B
Insert after section 122:
122A Cancelled registrations to be publicly available
(1) The Board is to make publicly available:
(a) the name of each person who is subject to an order of the
Tribunal or the Supreme Court that the person's
registration be cancelled or that the person not be
re-registered, and
(b) such other information about the person as may be
prescribed by the regulations.
(2) The Board is to ensure that the information required to be made
publicly available under subsection (1) is provided to the
Commission.
(3) The Board is not required to make publicly available information
about a person:
(a) who is deceased, or
Page 62
Health Legislation Amendment (Unregistered Health Practitioners) Bill 2006
Amendment of other Acts Schedule 3
(b) who belongs to a class of persons prescribed by the
regulations for the purposes of this section.
122B Protection from liability for certain publications
(1) A publication in good faith under section 116 or 122A does not
subject a protected person to any liability (including liability in
defamation).
(2) In this section:
protected person means:
(a) the Board or Tribunal or a member of the Board or
Tribunal, or
(b) the proprietor, editor or publisher of a newspaper, or
(c) the proprietor or broadcaster of a radio or television station
or the producer of a radio or television show, or
(d) an internet service provider or internet content host, or
(e) a member of staff of or a person acting at the direction of
any person or entity referred to in this definition, or
(f) any person, or person belonging to a class of persons,
prescribed by the regulations for the purposes of this
section.
[7] Schedule 7 Savings and transitional provisions
Insert at the end of clause 2 (1):
Health Legislation Amendment (Unregistered Health
Practitioners) Act 2006 (but only to the extent that it amends
this Act)
[8] Schedule 7, Part 3
Insert after Part 2:
Part 3 Provisions consequent on enactment of
Health Legislation Amendment
(Unregistered Health Practitioners)
Act 2006
16 Definition
In this Part:
amending Act means the Health Legislation Amendment
(Unregistered Health Practitioners) Act 2006.
Page 63
Health Legislation Amendment (Unregistered Health Practitioners) Bill 2006
Schedule 3 Amendment of other Acts
17 Prohibition orders
The Tribunal may make a prohibition order under section 54 (3A)
with respect to either or both of the following:
(a) conduct or any other matter or thing that occurred before,
or partly before and partly after, that subsection was
inserted by the amending Act,
(b) a complaint that has been made but not fully dealt with
before that subsection was inserted by the amending Act.
18 Decisions of the Tribunal
Section 116 (4), as substituted by the amending Act, applies only
in respect of a statement of a decision that is given after the
commencement of that subsection.
19 Cancelled registrations to be publicly available
Section 122A, as inserted by the amending Act, extends to a
person who was, immediately before the commencement of that
section, subject to an order of the Tribunal or the Supreme Court
that the person's registration be cancelled or that the person not
be re-registered.
3.12 Podiatrists Act 2003 No 69
[1] Section 4 Definitions
Insert in alphabetical order:
health service has the same meaning as in the Health Care
Complaints Act 1993.
prohibition order has the same meaning as in section 53 (3A).
[2] Section 53 Powers of the Tribunal
Insert after section 53 (3):
(3A) If the Tribunal makes an order under subsection (2) in respect of
a person and it is satisfied that the person poses a substantial risk
to the health of members of the public, it may by order (a
prohibition order) do any one or more of the following:
(a) prohibit the person from providing health services or
specified health services for the period specified in the
order or permanently,
Page 64
Health Legislation Amendment (Unregistered Health Practitioners) Bill 2006
Amendment of other Acts Schedule 3
(b) place such conditions as the Tribunal thinks appropriate on
the provision of health services or specified health services
by the person for the period specified in the order or
permanently.
Note. Section 10AK (1) of the Public Health Act 1991 provides that it is
an offence for a person to provide a health service in contravention of a
prohibition order.
(3B) If the Tribunal is aware that a person in respect of whom it is
proposing to make a prohibition order is registered under a health
registration Act other than this Act, the Tribunal is, before
making the prohibition order, to notify the board constituted
under that other Act of the proposed order and give that board an
opportunity to make a submission.
[3] Section 81 Right of review
Omit "an order" from section 81 (1).
Insert instead "a prohibition order in respect of the person or of an order".
[4] Section 83 Powers on review
Insert after section 83 (1) (d):
(e) by its order terminate or shorten the period of a prohibition
order or alter the conditions to which the person is subject
under a prohibition order (including by imposing new
conditions).
[5] Section 115 Tribunal to provide details of its decision
Omit section 115 (4). Insert instead:
(4) The Board:
(a) must make publicly available a statement of a decision
provided to it under this section if the decision is in respect
of a complaint that has been proved or admitted in whole
or in part, and
(b) may disseminate any other statement of a decision as the
Board thinks fit,
unless the Tribunal has ordered otherwise.
Page 65
Health Legislation Amendment (Unregistered Health Practitioners) Bill 2006
Schedule 3 Amendment of other Acts
[6] Sections 121A and 121B
Insert after section 121:
121A Cancelled registrations to be publicly available
(1) The Board is to make publicly available:
(a) the name of each person who is subject to an order of the
Tribunal or the Supreme Court that the person's
registration be cancelled or that the person not be
re-registered, and
(b) such other information about the person as may be
prescribed by the regulations.
(2) The Board is to ensure that the information required to be made
publicly available under subsection (1) is provided to the
Commission.
(3) The Board is not required to make publicly available information
about a person:
(a) who is deceased, or
(b) who belongs to a class of persons prescribed by the
regulations for the purposes of this section.
121B Protection from liability for certain publications
(1) A publication in good faith under section 115 or 121A does not
subject a protected person to any liability (including liability in
defamation).
(2) In this section:
protected person means:
(a) the Board or Tribunal or a member of the Board or
Tribunal, or
(b) the proprietor, editor or publisher of a newspaper, or
(c) the proprietor or broadcaster of a radio or television station
or the producer of a radio or television show, or
(d) an internet service provider or internet content host, or
(e) a member of staff of or a person acting at the direction of
any person or entity referred to in this definition, or
(f) any person, or person belonging to a class of persons,
prescribed by the regulations for the purposes of this
section.
Page 66
Health Legislation Amendment (Unregistered Health Practitioners) Bill 2006
Amendment of other Acts Schedule 3
[7] Schedule 7 Savings and transitional provisions
Insert at the end of clause 2 (1):
Health Legislation Amendment (Unregistered Health
Practitioners) Act 2006 (but only to the extent that it amends
this Act)
[8] Schedule 7, Part 3
Insert after Part 2:
Part 3 Provisions consequent on enactment of
Health Legislation Amendment
(Unregistered Health Practitioners)
Act 2006
16 Definition
In this Part:
amending Act means the Health Legislation Amendment
(Unregistered Health Practitioners) Act 2006.
17 Prohibition orders
The Tribunal may make a prohibition order under section 53 (3A)
with respect to either or both of the following:
(a) conduct or any other matter or thing that occurred before,
or partly before and partly after, that subsection was
inserted by the amending Act,
(b) a complaint that has been made but not fully dealt with
before that subsection was inserted by the amending Act.
18 Decisions of the Tribunal
Section 115 (4), as substituted by the amending Act, applies only
in respect of a statement of a decision that is given after the
commencement of that subsection.
19 Cancelled registrations to be publicly available
Section 121A, as inserted by the amending Act, extends to a
person who was, immediately before the commencement of that
section, subject to an order of the Tribunal or the Supreme Court
that the person's registration be cancelled or that the person not
be re-registered.
Page 67
Health Legislation Amendment (Unregistered Health Practitioners) Bill 2006
Schedule 3 Amendment of other Acts
3.13 Psychologists Act 2001 No 69
[1] Section 4 Definitions
Insert in alphabetical order:
health service has the same meaning as in the Health Care
Complaints Act 1993.
prohibition order has the same meaning as in section 53 (3A).
[2] Section 53 Powers of the Tribunal
Insert after section 53 (3):
(3A) If the Tribunal makes an order under subsection (2) in respect of
a person and it is satisfied that the person poses a substantial risk
to the health of members of the public, it may by order (a
prohibition order) do any one or more of the following:
(a) prohibit the person from providing health services or
specified health services for the period specified in the
order or permanently,
(b) place such conditions as the Tribunal thinks appropriate on
the provision of health services or specified health services
by the person for the period specified in the order or
permanently.
Note. Section 10AK (1) of the Public Health Act 1991 provides that it is
an offence for a person to provide a health service in contravention of a
prohibition order.
(3B) If the Tribunal is aware that a person in respect of whom it is
proposing to make a prohibition order is registered under a health
registration Act other than this Act, the Tribunal is, before
making the prohibition order, to notify the board constituted
under that other Act of the proposed order and give that board an
opportunity to make a submission.
[3] Section 81 Right of review
Omit "an order" from section 81 (1).
Insert instead "a prohibition order in respect of the person or of an order".
[4] Section 83 Powers on review
Insert after section 83 (1) (d):
(e) by its order terminate or shorten the period of a prohibition
order or alter the conditions to which the person is subject
under a prohibition order (including by imposing new
conditions).
Page 68
Health Legislation Amendment (Unregistered Health Practitioners) Bill 2006
Amendment of other Acts Schedule 3
[5] Section 115 Tribunal to provide details of its decision
Omit section 115 (4). Insert instead:
(4) The Board:
(a) must make publicly available a statement of a decision
provided to it under this section if the decision is in respect
of a complaint that has been proved or admitted in whole
or in part, and
(b) may disseminate any other statement of a decision as the
Board thinks fit,
unless the Tribunal has ordered otherwise.
[6] Sections 121A and 121B
Insert after section 121:
121A Cancelled registrations to be publicly available
(1) The Board is to make publicly available:
(a) the name of each person who is subject to an order of the
Tribunal or the Supreme Court that the person's
registration be cancelled or that the person not be
re-registered, and
(b) such other information about the person as may be
prescribed by the regulations.
(2) The Board is to ensure that the information required to be made
publicly available under subsection (1) is provided to the
Commission.
(3) The Board is not required to make publicly available information
about a person:
(a) who is deceased, or
(b) who belongs to a class of persons prescribed by the
regulations for the purposes of this section.
121B Protection from liability for certain publications
(1) A publication in good faith under section 115 or 121A does not
subject a protected person to any liability (including liability in
defamation).
(2) In this section:
protected person means:
(a) the Board or Tribunal or a member of the Board or
Tribunal, or
Page 69
Health Legislation Amendment (Unregistered Health Practitioners) Bill 2006
Schedule 3 Amendment of other Acts
(b) the proprietor, editor or publisher of a newspaper, or
(c) the proprietor or broadcaster of a radio or television station
or the producer of a radio or television show, or
(d) an internet service provider or internet content host, or
(e) a member of staff of or a person acting at the direction of
any person or entity referred to in this definition, or
(f) any person, or person belonging to a class of persons,
prescribed by the regulations for the purposes of this
section.
[7] Schedule 7 Savings and transitional provisions
Insert at the end of clause 2 (1):
Health Legislation Amendment (Unregistered Health
Practitioners) Act 2006 (but only to the extent that it amends
this Act)
[8] Schedule 7, Part 3
Insert after Part 2:
Part 3 Provisions consequent on enactment of
Health Legislation Amendment
(Unregistered Health Practitioners)
Act 2006
14 Definition
In this Part:
amending Act means the Health Legislation Amendment
(Unregistered Health Practitioners) Act 2006.
15 Prohibition orders
The Tribunal may make a prohibition order under section 53 (3A)
with respect to either or both of the following:
(a) conduct or any other matter or thing that occurred before,
or partly before and partly after, that subsection was
inserted by the amending Act,
(b) a complaint that has been made but not fully dealt with
before that subsection was inserted by the amending Act.
Page 70
Health Legislation Amendment (Unregistered Health Practitioners) Bill 2006
Amendment of other Acts Schedule 3
16 Decisions of the Tribunal
Section 115 (4), as substituted by the amending Act, applies only
in respect of a statement of a decision that is given after the
commencement of that subsection.
17 Cancelled registrations to be publicly available
Section 121A, as inserted by the amending Act, extends to a
person who was, immediately before the commencement of that
section, subject to an order of the Tribunal or the Supreme Court
that the person's registration be cancelled or that the person not
be re-registered.
Page 71
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