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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Health Legislation Further Amendment
Bill 2010
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Mental Health Act 2007 No 8 3
Schedule 2 Amendment of Mental Health (Forensic Provisions) Act
1990 No 10 5
Schedule 3 Amendment of Health Records and Information Privacy
Act 2002 No 71 6
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, , 2010
New South Wales
Health Legislation Further Amendment
Bill 2010
Act No , 2010
An Act to make miscellaneous amendments to various Acts that relate to health and
associated matters.
I have examined this bill and find it to correspond in all respects with the bill as
finally passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Clause 1 Health Legislation Further Amendment Bill 2010
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Health Legislation Further Amendment Act 2010.
2 Commencement
This Act commences on the date of assent to this Act.
Page 2
Health Legislation Further Amendment Bill 2010
Amendment of Mental Health Act 2007 No 8 Schedule 1
Schedule 1 Amendment of Mental Health Act 2007
No 8
[1] Section 37 Reviews of involuntary patients by Tribunal
Omit section 37 (2). Insert instead:
(1A) The Tribunal may review the case of an involuntary patient at
such other times as it sees fit.
(2) An authorised medical officer must cause an involuntary patient
to be brought before the Tribunal:
(a) as soon as practicable before the end of the initial period of
detention, if it appears to the officer that the person should
continue to be detained, and
(b) at such other times as may be required by the Tribunal for
the purposes of any review under this section.
[2] Section 40 Re-classification of involuntary patients as voluntary patients
Omit section 40 (1). Insert instead:
(1) An involuntary patient may be classified as a voluntary patient of
the mental health facility in which the patient is detained:
(a) by an authorised medical officer at any time, or
(b) by the Tribunal when conducting a review of the patient.
[3] Section 40 (2) (a)
Insert "or Tribunal" after "authorised medical officer".
[4] Section 53 Determination of applications for community treatment
orders
Insert "a forensic patient or" after "12 months been" in section 53 (3A).
[5] Section 58 Breach of community treatment order
Insert after section 58 (4):
(5) For the purposes of subsection (3), the director causes a person to
be given a breach notice if the director ensures that:
(a) the notice is handed directly to the person, or
(b) if it is not reasonably practicable to hand the notice directly
to the person, the notice is posted to the last known address
of the person.
Page 3
Health Legislation Further Amendment Bill 2010
Schedule 1 Amendment of Mental Health Act 2007 No 8
[6] Section 96 Purpose and findings of ECT inquiries
Omit "necessary and desirable" from section 96 (3) (b) (ii).
Insert instead "necessary or desirable".
[7] Section 150 Composition of Tribunal
Omit section 150 (3) (b). Insert instead:
(b) a member referred to in section 141 (2) (c).
[8] Schedule 6 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Health Legislation Further Amendment Act 2010
[9] Schedule 6
Insert after Part 4:
Part 5 Provisions consequent on enactment of
Health Legislation Further Amendment Act
2010
22 Service of notices
Section 58 as amended by the Health Legislation Further
Amendment Act 2010 extends to a refusal or failure to comply
with a community treatment order that occurred before the
commencement of that amendment.
Page 4
Health Legislation Further Amendment Bill 2010
Amendment of Mental Health (Forensic Provisions) Act 1990 No 10 Schedule 2
Schedule 2 Amendment of Mental Health (Forensic
Provisions) Act 1990 No 10
[1] Section 67 Community treatment orders
Omit section 67 (1) (a). Insert instead:
(a) a forensic patient, or
[2] Schedule 1 Savings and transitional provisions
Insert at the end of clause 1A (1):
Health Legislation Further Amendment Act 2010
Page 5
Health Legislation Further Amendment Bill 2010
Schedule 3 Amendment of Health Records and Information Privacy Act 2002 No 71
Schedule 3 Amendment of Health Records and
Information Privacy Act 2002 No 71
[1] Section 4 Definitions
Insert in alphabetical order in section 4 (1):
healthcare identifier has the same meaning as it has in the
Healthcare Identifiers Act 2010 of the Commonwealth.
[2] Section 6 Definition of "health information"
Insert at the end of section 6 (d):
or
(e) healthcare identifiers,
[3] Section 75A
Insert after section 75:
75A Regulations with respect to healthcare identifiers
(1) Without limiting section 75, regulations may be made for or with
respect to healthcare identifiers.
(2) In particular, the regulations may specify the circumstances in
which a person may or may not use or disclose a healthcare
identifier.
(3) A person who uses or discloses a healthcare identifier in
contravention of a regulation made under subsection (2) is guilty
of an offence.
Maximum penalty:
(a) 600 penalty units in the case of a body corporate, or
(b) 120 penalty units or imprisonment for 2 years, or both, in
any other case.
Page 6
Health Legislation Further Amendment Bill 2010
Amendment of Health Records and Information Privacy Act 2002 No 71 Schedule 3
[4] Schedule 2 Savings and transitional provisions
Insert at the end of clause 1 (1):
Health Legislation Further Amendment Act 2010
Page 7
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