Health Legislation Amendment Bill
2003

Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The objects of this Bill are as follows:

(a) to amend the Health Services Act 1997:

        (i) to provide for “medical indemnity insurance” under section 85 of
that Act to have the same meaning as “approved professional
indemnity insurance” under the Health Care Liability Act 2001, and
        (ii) to enable theMinister to appoint a person as a member of the Board
of a statutory health corporation that has fewer than 50 employees,
rather than holding an election for the position of Board member,

(b) to amend the Mental Health Act 1990 to provide for the appointment of
part-time Deputy Presidents of the Mental Health Review Tribunal,

(c) to amend the New South Wales Institute of Psychiatry Act 1964 to clarify
that the Institute has power to charge fees for the programmes of training
it conducts, and may recover any fee due or payable to the Institute as a
debt,

(d) to amend the Poisons and Therapeutic Goods Act 1966 with respect to:

        (i) the maximum penalty for unlawful possession of steroids, and
        (ii) approvals relating to drugs of addiction, and
        (iii) powers of investigators in regard to entry and seizure,

(e) to amend the Royal Society for the Welfare of Mothers and Babies’
Incorporation Act 1919:

        (i) to replace the requirement for any by-laws or rules to be made by
the Governor with a power for the Royal Society for the Welfare of
Mothers and Babies (incorporated under section 3 of the Act) to
make its own by-laws and rules, and
        (ii) to omit the requirement for by-laws and rules to be laid before
Parliament and be subject to disallowance by Parliament,

(f) to amend the Smoke-free Environment Act 2000 to exempt certain licensed
premises within the environs of a casino from the operation of the Act,

(g) to amend the Statutory and Other Offices Remuneration Act 1975 to make
a change to the remuneration arrangements for the Deputy Presidents of
the Mental Health Review Tribunal consequent on the amendments to the
Mental Health Act 1990 described in paragraph (b) above.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on a day or days
to be appointed by proclamation.

Clause 3 is a formal provision giving effect to the amendments to the Acts set
out in Schedules 1–7.

Schedule 1 Amendment of Health Services Act 1997
No 154
Schedule 1 amends the Health Services Act 1997 as described in paragraph (a)
of the Overview above.

Schedule 2 Amendment of Mental Health Act 1990 No 9
Schedule 2 amends the Mental Health Act 1990 as described in paragraph (b) of
the Overview above.

Schedule 3 Amendment of New South Wales Institute
of Psychiatry Act 1964 No 44
Schedule 3 amends the New South Wales Institute of Psychiatry Act 1964 as
described in paragraph (c) of the Overview above.

Schedule 4 Amendment of Poisons and Therapeutic
Goods Act 1966 No 31
Schedule 4 [1] amends section 16 of the Poisons and Therapeutic Goods Act
1966 to increase the maximum penalty for offences relating to possession of
anabolic or androgenic steroidal agents. The maximum penalty is increased from
20 penalty units or 6 months imprisonment, or both to 20 penalty units or 2 years
imprisonment, or both.

Schedule 4 [3] amends section 28A (7) of the Act to provide that the Director-
General of the Department of Health may, if the circumstances are sufficiently
urgent, take immediate action to suspend, or impose or amend a condition of, an
approval of a medical practitioner as a prescriber of drugs of addiction.

Schedule 4 [4] inserts proposed section 28A (10). The proposed subsection
provides that circumstances are sufficiently urgent to require immediate action
if the Director-General is of the opinion that the action is necessary for the
purpose of protecting the life, or the physical or mental health, of the medical
practitioner or any other person.

Schedule 4 [6] amends section 29 (5) (a) of the Act to provide that an authority
issued by the Director-General under that section must specify the maximum
quantity of the drug of addiction that may be prescribed under the authority by a
medical practitioner.

Schedule 4 [5], [7] and [8] amend section 29 of the Act to make it explicit that
forms, including applications and authorities, are to be generated and provided
in a form approved by the Director-General of the Department of Health,
including in an electronic form.

Schedule 4 [9] inserts proposed section 30AA into the Act. Proposed section
30AA applies if the Director-General of the Department of Health refers an
approval to the Medical Committee (established under section 30 of the Act) for
review and the review is with respect to a possible contravention of the Act or
regulations by the approval holder or a failure to comply with conditions
imposed on the approval. The Medical Committee may require the Health Care
Complaints Commission or New South Wales Medical Board to provide the
Committee with information in the Commission’s or Board’s possession that is
relevant to the review.

Schedule 4 [10]–[13] amend section 43 of the Act to clarify inspectors’ powers
of entry and seizure in relation to records:

(a) relevant to investigating or auditing compliance with the conditions of an
approval, authority or licence given or issued for the purposes of Part 4 of
the Act, or

(b) with respect to a substance listed in Appendix D to the Poisons and
Therapeutic Goods Regulation 2002.

Schedule 4 [2] omits a redundant cross-reference.

Schedule 5 Amendment of Royal Society for the
Welfare of Mothers and Babies’
Incorporation Act 1919 No 52
Schedule 5 amends the Royal Society for the Welfare of Mothers and Babies’
Incorporation Act 1919 as described in paragraph (e) of the Overview above.

Schedule 6 Amendment of Smoke-free Environment
Act 2000 No 69
Schedule 6 amends the Smoke-free Environment Act 2000 as described in
paragraph (f) of the Overview above.

Schedule 7 Amendment of Statutory and Other Offices
Remuneration Act 1975 (1976 No 4)
Schedule 7 amends the Statutory and Other Offices Remuneration Act 1975 as
described in paragraph (g) of the Overview above.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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