HEALTH AND OTHER LEGISLATION AMENDMENT BILL 1998

Queensland Bills

[Index] [Search] [Download] [Related Items] [Help]

This is a Bill, not an Act. For current law, see the Acts databases.

HEALTH AND OTHER LEGISLATION AMENDMENT BILL 1998

Queensland HEALTH AND OTHER LEGISLATION AMENDMENT BILL 1998

Queensland HEALTH AND OTHER LEGISLATION AMENDMENT BILL 1998 TABLE OF PROVISIONS Section Page PART 1--PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 PART 2--AMENDMENT OF HEALTH ACT 1937 3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4 Insertion of new s 8A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 8A Manager of public health services for the State . . . . . . . . . . . . . . . . 6 5 Amendment of s 100B (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 6 Amendment of s 100C (Furnishing returns to chief health officer) . . . . . . . 8 7 Replacement of s 100D (Register) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 100D Register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 100DA Responsibility for maintenance of register . . . . . . . . . . . . . . . . . . . . 9 100DB Directions to give returns about cancer to contractor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 100DC Further information may be required . . . . . . . . . . . . . . . . . . . . . . . . . 10 8 Amendment of s 100E (Confidentiality) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 9 Insertion of new s 100EA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 100EA Arrangements about transfer of information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 10 Renumbering of pt 3, div 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 11 Insertion of new pt 3, div 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Division 11--Pap Smear Register Subdivision 1--Definitions and application 100FA Definitions for div 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

2 Health and Other Legislation Amendment 100FB Application of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Subdivision 2--Establishment and purposes of register 100FC Pap Smear Register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 100FD Purposes of register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 100FE Women may elect to withhold, remove or change information on register . . . . . . . . . . . . . . . . . . . . . 18 Subdivision 3--Duties of persons involved in obtaining and testing Pap smears and histological samples 100FF Definition for sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 100FG Initial duty of person obtaining Pap smear or histological sample . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 100FH Duty if woman elects for her identifying and clinical information not to be included on register . 19 100FI Provider's duty if woman previously elected for information not to be included on register . . . . . . . . . . . . . . . . . . . . . 20 100FJ Duty of director to provide information . . . . . . . . . . . . . . . . . . . . . . . 20 Subdivision 4--Duties of chief executive concerning registered screening histories and authority to send reminder notices 100FK Duty of chief executive on receipt of information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 100FL Chief executive may send reminder notices to certain women . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 100FM Duty of chief executive to remove registered screening history . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 100FN Duty of chief executive to change identifying information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Subdivision 5--Confidentiality of, and access to, registered screening histories of women 100FO Confidentiality of all information in register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 100FP Disclosures about woman's registered screening history . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 100FQ Access to register by health practitioners . . . . . . . . . . . . . . . . . . . . . 24 100FR Access to register by directors of, and nominated persons at, pathology laboratories . . . . . . . . . . . . . . 25 100FS Unauthorised access to registered screening histories . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

3 Health and Other Legislation Amendment 100FT Health practitioners, directors and nominated persons to keep registered screening histories confidential . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 100FU Chief executive to monitor access to information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Subdivision 6--Agreements and arrangements about confidential information, and designation of certain persons 100FV Agreements for sending out notices under ss 100FK and 100FL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 100FW Arrangements about transfer of information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 100FX Chief executive may designate certain persons as health practitioners . . . . . . . . . . . . . . . . . . . . . . . . 29 12 Amendment of s 180 (Regulation making power) . . . . . . . . . . . . . . . . . . . . 30 13 Replacement of pt 7 (Transitional provisions) . . . . . . . . . . . . . . . . . . . . . . . 30 PART 7--TRANSITIONAL PROVISIONS FOR THE HEALTH AND OTHER LEGISLATION AMENDMENT ACT 1998 182 Chief health officer may transfer documents to chief executive . . . 30 183 Preservation of certain evidentiary matters . . . . . . . . . . . . . . . . . . . . 31 PART 3--AMENDMENTS OF OTHER ACTS 14 Acts amended in schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 33 AMENDMENTS TO CHANGE REFERENCES TO `CHIEF HEALTH OFFICER' AND MINOR CONSEQUENTIAL AMENDMENTS CHILDREN'S SERVICES ACT 1965 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 CRIMINAL LAW AMENDMENT ACT 1945 . . . . . . . . . . . . . . . . . . . . . . . 33 DRUGS MISUSE ACT 1986 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 EVIDENCE ACT 1977 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 FLUORIDATION OF PUBLIC WATER SUPPLIES ACT 1963 . . . . . . . . . 34 FOOD ACT 1981 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 HEALTH ACT 1937 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 HEALTH PRACTITIONERS (SPECIAL EVENTS EXEMPTION) ACT 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 MENTAL HEALTH ACT 1974 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 PHARMACY ACT 1976 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43

4 Health and Other Legislation Amendment RACING AND BETTING ACT 1980 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 RADIOACTIVE SUBSTANCES ACT 1958 . . . . . . . . . . . . . . . . . . . . . . . . . 44 TRANSPLANTATION AND ANATOMY ACT 1979 . . . . . . . . . . . . . . . . . 44 WORKCOVER QUEENSLAND ACT 1996 . . . . . . . . . . . . . . . . . . . . . . . . . 44 SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 45 AMENDMENTS OF ACTS FOR OTHER PURPOSES DENTAL TECHNICIANS AND DENTAL PROSTHETISTS ACT 1991 . . 45 HEALTH ACT 1937 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 HEALTH SERVICES ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 MEDICAL ACT 1939 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 NURSING ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 SPEECH PATHOLOGISTS ACT 1979 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48

1998 A BILL FOR An Act to amend the Health Act 1937 and other various Acts

s1 6 s4 Health and Other Legislation Amendment The Parliament of Queensland enacts-- 1 PART 1--PRELIMINARY 2 title 3 Short Clause 1. This Act may be cited as the Health and Other Legislation Amendment 4 Act 1998. 5 6 Commencement Clause 2.(1) Schedule 2, amendment 1 of the Speech Pathologists Act 1979, and 7 section 14(2) for the purpose of the amendment, are taken to have 8 commenced on 28 November 1995 immediately after the amendments of 9 section 37 of that Act made by the Statute Law Revision Act 1995. 10 (2) The remaining provisions commence on a day to be fixed by 11 proclamation. 12 ART 2--AMENDMENT OF HEALTH ACT 1937 13 P amended in pt 2 14 Act Clause 3. This part amends the Health Act 1937. 15 of new s 8A 16 Insertion Clause 4. After section 8-- 17 of public health services for the State 18 `Manager `8A.(1) There is to be a manager of public health services for the State. 19 `(2) The manager-- 20 (a) must be a medical practitioner; and 21

s5 7 s5 Health and Other Legislation Amendment (b) is to be employed as a public service officer, or as a health service 1 employee under the Health Services Act 1991. 2 `(3) The manager must, subject to the chief executive, manage the 3 delivery of services dealing with public health in the State, including, for 4 example, the prevention and control of disease and sickness and the 5 prevention of injury.'. 6 of s 100B (Interpretation) 7 Amendment Clause 5.(1) Section 100B, heading-- 8 omit, insert-- 9 `Definitions for div 10'. 10 (2) Section 100B, definition "nursing home"-- 11 omit. 12 (3) Section 100B-- 13 insert-- 14 ` "contractor" see section 100DA(1). 15 "health service employee" means a person appointed under the Health 16 Services Act 1991, section 24.1 17 "nursing home" see section 76B(1). 18 "register" means the register established under section 100D. 19 "return about cancer" means a return under section 100C.'. 20 (4) Section 100B, definition "prescribed person", paragraph (b)-- 21 omit, insert-- 22 `(b) in relation to a nursing home--the person in control of the 23 nursing home;'. 24 1 Section 24 (Appointment of health service employees)

s6 8 s6 Health and Other Legislation Amendment of s 100C (Furnishing returns to chief health officer) 1 Amendment Clause 6.(1) Section 100C, heading-- 2 omit, insert-- 3 `Returns about cancer to be given to chief executive'. 4 (2) Section 100C(1), after `attending'-- 5 insert-- 6 `, or resident of,'. 7 (3) Section 100C(1), `or a resident in a charitable institution'-- 8 omit. 9 (4) Section 100C(1), `class of person'-- 10 omit, insert-- 11 `class of patient'. 12 (5) Section 100C(1), `home, hospital or institution shall'-- 13 omit, insert-- 14 `home or hospital must'. 15 (6) Section 100C(1), `furnish to the chief health officer'-- 16 omit, insert-- 17 `give to the chief executive'. 18 (7) After section 100C(1)-- 19 insert-- 20 `Maximum penalty--10 penalty units.'. 21 (8) Section 100C(2)(b), `shall furnish such return'-- 22 omit, insert-- 23 `must give the completed return'. 24 (9) Section 100C(2)(b), `chief health officer'-- 25 omit, insert-- 26 `chief executive'. 27

s7 9 s7 Health and Other Legislation Amendment (10) After section 100C(2)-- 1 insert-- 2 `Maximum penalty--10 penalty units.'. 3 (11) Section 100C(3) and (4)-- 4 omit, insert-- 5 `(3) A medical practitioner to whom a completed return is given under 6 subsection (2)(b) must give the return, or a copy of it, to the chief executive 7 within the time prescribed under a regulation. 8 Maximum penalty for subsection (3)--10 penalty units.'. 9 of s 100D (Register) 10 Replacement Clause 7. Section 100D-- 11 omit, insert-- 12 13 `Register `100D. The chief executive must establish and maintain a register of the 14 persons in relation to whom returns about cancer have been given to the 15 chief executive or the contractor. 16 for maintenance of register 17 `Responsibility `100DA.(1) The chief executive may enter into a written agreement with 18 a person prescribed under a regulation (the "contractor") for the contractor 19 to maintain the register for the chief executive. 20 `(2) The chief executive must take reasonable steps to ensure the 21 contractor complies with the agreement. 22 to give returns about cancer to contractor 23 `Directions `100DB.(1) If a person must, under section 100C(1),(2)(b)(ii) or (3), 24 give a completed return about cancer to the chief executive, the chief 25 executive may give a written direction to the person to give the return to the 26 contractor in place of the chief executive. 27 `(2) If a person may, under section 100C(2)(b)(i), give a completed 28

s7 10 s7 Health and Other Legislation Amendment return about cancer to the chief executive, the chief executive may give a 1 written direction to the person to give the return to the contractor in place of 2 the chief executive. 3 `(3) A direction must state-- 4 (a) the name and address of the contractor; and 5 (b) the day the direction is to take effect. 6 `(4) A person to whom a direction is given under subsection (1) must 7 comply with the direction. 8 Maximum penalty--10 penalty units. 9 `(5) A person to whom a direction is given under subsection (2) must 10 comply with the direction, unless the person has given the return about 11 cancer to a medical practitioner under section 100C(2)(b)(i). 12 Maximum penalty--10 penalty units. 13 `(6) If, under a direction, a person gives a return about cancer to the 14 contractor and does not give it to the chief executive, the person does not 15 contravene section 100C in relation to the return. 16 `(7) The chief executive must monitor compliance with this section. 17 information may be required 18 `Further `100DC.(1) The chief executive or contractor may ask a person who has 19 completed a return about cancer to give further information about the return 20 to the chief executive or contractor to ensure the accuracy, completeness or 21 integrity of the data making up the register. 22 `(2) If the chief executive considers further information is required in 23 relation to a return about cancer to ensure the accuracy, completeness or 24 integrity of the data making up the register, the chief executive may give the 25 person who completed the return a written notice mentioned in 26 subsection (3). 27 `(3) The written notice must-- 28 (a) require the person who completed the return to give the further 29 information stated in the notice to the chief executive within the 30 time prescribed under a regulation; and 31

s8 11 s8 Health and Other Legislation Amendment (b) warn the person that failure to comply with the notice is an 1 offence under this Act. 2 `(4) A person given a notice under subsection (2) must comply with the 3 notice. 4 Maximum penalty for subsection (4)--10 penalty units.'. 5 of s 100E (Confidentiality) 6 Amendment Clause 8.(1) Section 100E(1)(a), (b) and (c)-- 7 omit, insert-- 8 `(a) the chief executive; and 9 (b) a person involved in administering this Act, including, for 10 example, a delegate of the chief executive; and 11 (c) a person who in any way helps in the administration of this Act, 12 including, for example, a contractor and an employee of a 13 contractor.'. 14 (2) Section 100E(2), penalty, `16'-- 15 omit, insert-- 16 `50'. 17 (3) Section 100E(3)-- 18 omit, insert-- 19 `(3) However, the chief executive may disclose information from the 20 register if the disclosure is made-- 21 (a) in a form the chief executive reasonably believes does not identify 22 any person; or 23 (b) to a contractor, or an employee of a contractor, for maintaining 24 the register; or 25 (c) to a person when the chief executive is asking or requiring the 26 person to give information under section 100DC; or 27 (d) to a person authorised to conduct scientific research and studies 28

s8 12 s8 Health and Other Legislation Amendment under section 154M;2 or 1 (e) to the Commonwealth, another State or an entity of the 2 Commonwealth or other State and the disclosure-- 3 (i) is decided by the chief executive to be in the public interest; 4 and 5 (ii) is required to be made, or may be made, under an agreement 6 that-- 7 (A) is between the State and the Commonwealth, the other 8 State or the entity; and 9 (B) is prescribed under a regulation for this subsection. 10 `(4) Also, a contractor may disclose information from the register if the 11 disclosure is made-- 12 (a) in a form the contractor reasonably believes does not identify any 13 person; or 14 (b) to the chief executive, at the written request of the chief executive 15 stating the chief executive considers the disclosure is necessary 16 for ensuring the proper administration of this division; or 17 (c) to a person when the contractor is asking the person to give 18 information under section 100DC(1); or 19 (d) to a person or entity to which the chief executive may make the 20 disclosure under subsection (3)(d) or (e), if the chief executive 21 authorises the contractor, in writing, to disclose the information. 22 `(5) The Commonwealth, another State or an entity, that receives 23 information under subsection (3)(e) or (4)(d)-- 24 (a) must not disclose it to anyone else; and 25 (b) must ensure the information is used only for the purpose for 26 which it was given under the agreement. 27 2 Section 154M (Authority to conduct scientific research and studies)

s9 13 s 11 Health and Other Legislation Amendment `(6) The Health Services Act 1991, section 63,3 does not apply to a 1 person to whom this section applies in relation to information gained by the 2 person under this division. 3 `(7) The chief executive must monitor compliance with this section.'. 4 of new s 100EA 5 Insertion Clause 9. After section 100E-- 6 insert-- 7 about transfer of information 8 `Arrangements `100EA.(1) The chief executive may arrange for the transfer of 9 information in the register for inclusion in the register required to be 10 established under section 100FC.4 11 `(2) A person does not commit an offence against section 100E merely 12 because the person does something under the arrangement.'. 13 of pt 3, div 11 14 Renumbering Clause 10. Part 3, division 11-- 15 renumber as part 3, division 12. 16 of new pt 3, div 11 17 Insertion Clause 11. Part 3-- 18 insert-- 19 3 Section 100E(2) protects information gained under this division by providing for an offence for disclosing or making use of confidential information. As a specific offence is created under subsection (2), subsection (6) provides that the more general provision in the Health Services Act 1991, section 63 does not apply. 4 Section 100FC (Pap Smear Register)

s 11 14 s 11 Health and Other Legislation Amendment `Division 11--Pap Smear Register 1 `Subdivision 1--Definitions and application 2 for div 11 3 `Definitions `100FA. In this division-- 4 "abnormal Pap smear" means a Pap smear indicating abnormal cell 5 growth and appearances in the cervix of the woman from whom the 6 Pap smear was obtained. 7 "clinical information" means the following information about a woman 8 appearing in the register as part of her registered screening history-- 9 (a) the dates and results of the Pap smear tests and histology tests for 10 the woman; 11 (b) other information prescribed under a regulation. 12 "clinical management" means a course of action for managing a precursor 13 to cancer of a woman's cervix or cancer of a woman's cervix, 14 including, for example, diagnosing, treating, monitoring and following 15 up with the woman, and making recommendations to her. 16 "confidential information" means all information in the register about a 17 woman. 18 "director", of a pathology laboratory, means the person who has effective 19 control of-- 20 (a) the laboratory premises, whether or not the person has an interest 21 in the premises; and 22 (b) the use of equipment used at the laboratory; and 23 (c) the work performed by the staff in the laboratory. 24

s 11 15 s 11 Health and Other Legislation Amendment "disclosure section" means section 100FP, 100FQ, 100FR, 100FV or 1 100FW.5 2 "health practitioner" means-- 3 (a) a medical practitioner; or 4 (b) a registered nurse under the Nursing Act 1992, section 4; or 5 (c) a person designated as a heath practitioner for this division.6 6 "health service employee" means a person appointed under the Health 7 Services Act 1991, section 24.7 8 "histological sample" means a biopsy or excision of the cervix, uterine 9 body or vagina of a woman. 10 "histology test" means the processes for testing a histological sample. 11 "identifying information" means the following information about a 12 woman appearing in the register as part of her registered screening 13 history-- 14 (a) full name or names, including, for example, other names 15 previously or currently used; 16 (b) date of birth; 17 (c) address for correspondence; 18 (d) other information prescribed under a regulation. 19 "nominated person", at a pathology laboratory, means a person 20 nominated by the director of the laboratory under section 100FR(1). 21 "Pap smear" means the cells scraped from a woman's cervix for detecting 22 whether the woman has-- 23 5 Section 100FP (Disclosures about woman's registered screening history) Section 100FQ (Access to register by health practitioners) Section 100FR (Access to register by directors of, and nominated persons at, pathology laboratories) Section 100FV (Agreements for sending out notices under ss 100FK and 100FL) Section 100FW (Arrangements about transfer of information) 6 See section 100FX (Chief executive may designate certain persons as health practitioners). 7 Section 24 (Appointment of health service employees)

s 11 16 s 11 Health and Other Legislation Amendment (a) a precursor to cancer of the cervix; or 1 (b) cancer of the cervix. 2 "Pap Smear Register" see section 100FC.8 3 "Pap smear test" means the processes for testing a Pap smear for-- 4 (a) a precursor to cancer of the cervix; or 5 (b) cancer of the cervix. 6 "pathology laboratory" means premises used for the pathological 7 examination of Pap smears and histological samples. 8 "provider" see section 100FF.9 9 "register" means the Pap Smear Register. 10 "registered screening history", for a woman, means her identifying and 11 clinical information, as appearing in the register. 12 "woman" means a female person. 13 "written" or "in writing", in relation to a consent by or request from a 14 woman, means a consent or request signed by the woman. 15 of division 16 `Application `100FB.(1) This division applies to a procedure performed in 17 Queensland after the commencement of this section to obtain a Pap smear 18 or histological sample from a woman. 19 `(2) However, this division does not apply to the procedure if the 20 woman's usual place of residence is outside of Queensland when the Pap 21 smear or histological sample is obtained. 22 8 Section 100FC (Pap Smear Register) 9 Section 100FF (Definition for sdiv 3)

s 11 17 s 11 Health and Other Legislation Amendment `Subdivision 2--Establishment and purposes of register 1 Smear Register 2 `Pap `100FC.(1) The chief executive must establish and keep a register under 3 this Act to record identifying and clinical information about women. 4 `(2) The chief executive may keep the register in a form the chief 5 executive considers appropriate, including an electronic form. 6 `(3) The register is to be known as the Pap Smear Register. 7 of register 8 `Purposes `100FD. The purposes for establishing the register are as follows-- 9 (a) to establish mechanisms to advise a woman who has an 10 abnormal Pap smear result about appropriate medical 11 investigation and intervention; 12 (b) to establish mechanisms to advise a woman to have the procedure 13 to obtain another Pap smear because her previous Pap smear is 14 technically unsatisfactory and cannot be assessed, including, for 15 example, due to poor fixation of the smear; 16 (c) to supply a woman's registered screening history to the director 17 of, or a nominated person at, the pathology laboratory, where a 18 Pap smear or histological sample obtained from the woman is 19 being tested, to help the director or person interpret the smear or 20 sample and make clinical management recommendations; 21 (d) to supply a woman's registered screening history to a health 22 practitioner to help the practitioner in advising the woman about 23 options for clinical management; 24 (e) to use information in the register for sending notices to certain 25 women about Pap smears, or the results of Pap smear tests or 26 histology tests; 27 (f) to enhance access by pathology laboratories to information to help 28 in assessing the proportion of correct predictions of detected 29 lesions made by the pathology laboratory; 30 (g) to supply data to help-- 31

s 11 18 s 11 Health and Other Legislation Amendment (i) in monitoring changing disease trends; and 1 (ii) in studying the efficacy of the management and treatment of 2 abnormal Pap smears; and 3 (iii) in monitoring and evaluating the effectiveness of cervical 4 screening programs; and 5 (iv) in increasing public awareness of cancer of the cervix; 6 (h) to help in formulating strategies to encourage all women to 7 participate in regular Pap smear testing, and, in particular-- 8 (i) women who have not had a procedure to obtain a Pap 9 smear; and 10 (ii) women who, according to their registered screening 11 histories, are overdue for their next procedure to obtain a Pap 12 smear. 13 may elect to withhold, remove or change information on 14 `Women register 15 `100FE.(1) Clinical and identifying information about a woman is to be 16 included in the register unless the woman elects for it not to be included. 17 `(2) The process stated in subdivision 3 is designed to achieve a balance 18 between maximising participation and ensuring women are informed about 19 their right to elect not to have their clinical and identifying information 20 included in the register.10 21 `(3) However, a woman may, in writing, ask for-- 22 (a) her registered screening history to be removed from the register; 23 or 24 (b) her identifying information to be changed.11 25 10 Subdivision 3 (Duties of persons involved in obtaining and testing Pap smears and histological samples) 11 See sections 100FM (Duty of chief executive to remove registered screening history) and 100FN (Duty of chief executive to change identifying information).

s 11 19 s 11 Health and Other Legislation Amendment 3--Duties of persons involved in obtaining and testing Pap 1 `Subdivision smears and histological samples 2 for sdiv 3 3 `Definition `100FF. In this subdivision-- 4 "provider" means-- 5 (a) a medical practitioner who intends to perform a procedure to 6 obtain a Pap smear or histological sample from a woman; or 7 (b) another person who intends to perform a procedure to obtain a 8 Pap smear from a woman. 9 duty of person obtaining Pap smear or histological sample 10 `Initial `100FG. A provider must be satisfied, on reasonable grounds, the 11 woman has been informed about each of the following-- 12 (a) the existence and purposes of the register; 13 (b) the identifying and clinical information about the woman that may 14 be recorded in the register; 15 (c) that the woman may elect for her identifying and clinical 16 information not to be automatically included in the register. 17 if woman elects for her identifying and clinical information not 18 `Duty to be included on register 19 `100FH.(1) This section applies if-- 20 (a) a provider's health records do not indicate the woman has 21 previously elected not to have her identifying and clinical 22 information automatically included in the register; and 23 (b) the woman tells the provider she does not want her identifying 24 and clinical information to be automatically included. 25 `(2) The provider must make a notation in the provider's health 26 records-- 27 (a) about the woman's decision; and 28

s 11 20 s 11 Health and Other Legislation Amendment (b) that the woman's identifying and clinical information must not be 1 given to the chief executive. 2 `(3) Also, the provider must ensure each request by the provider for a 3 Pap smear test or histology test for the woman includes a notation that the 4 woman's identifying and clinical information must not be given to the chief 5 executive. 6 duty if woman previously elected for information not to be 7 `Provider's included on register 8 `100FI.(1) This section applies to a provider if the provider's health 9 records indicate the woman has previously elected not to have her 10 identifying and clinical information automatically included in the register. 11 `(2) The provider must ask the woman whether she wants to reconsider 12 her decision. 13 `(3) If the woman reconsiders her decision and tells the provider she now 14 wants her identifying and clinical information to be automatically included 15 in the register, the provider must make a notation in the provider's health 16 records-- 17 (a) about the woman's decision; and 18 (b) that the woman's identifying and clinical information must be 19 given to the chief executive. 20 `(4) If the woman reconsiders her decision and tells the provider she still 21 does not want her identifying and clinical information to be automatically 22 included in the register, the provider must ensure each request by the 23 provider for a Pap smear test or histology test for the woman includes a 24 notation that the woman's identifying and clinical information must not be 25 given to the chief executive. 26 of director to provide information 27 `Duty `100FJ.(1) The director of a pathology laboratory, who receives a 28 request to test a Pap smear or histological sample obtained from a woman, 29 must give the woman's identifying and clinical information, as required 30 under a regulation, to the chief executive. 31 `(2) The director must give the information to the chief executive no later 32

s 11 21 s 11 Health and Other Legislation Amendment than 4 weeks after the results of the tests are given to the person who asked 1 for the test. 2 `(3) However, if the request for the test of the Pap smear or histological 3 sample includes a notation that the woman's identifying and clinical 4 information must not be given to the chief executive, the director must not 5 give the information to the chief executive. 6 4--Duties of chief executive concerning registered 7 `Subdivision screening histories and authority to send reminder notices 8 of chief executive on receipt of information 9 `Duty `100FK.(1) This section applies if the chief executive receives 10 identifying and clinical information under this division for a woman about 11 whom there is no registered screening history. 12 `(2) After the identifying and clinical information is included in the 13 register, the chief executive must send the woman a notice stating that the 14 information has been included in the register. 15 `(3) The notice must also state-- 16 (a) the woman may have her registered screening history removed 17 from the register; and 18 (b) the woman may have her identifying information changed if she 19 considers the information is incorrect; and 20 (c) the way the woman may have her registered screening history 21 removed or her identifying information changed. 22 executive may send reminder notices to certain women 23 `Chief `100FL. The chief executive may send a written notice to a woman who, 24 according to her registered screening history, may-- 25 (a) be overdue for the procedure for obtaining her next Pap smear; or 26 (b) need to have the procedure for obtaining a Pap smear repeated 27 because her previous Pap smear is technically unsatisfactory and 28 cannot be assessed; or 29

s 11 22 s 11 Health and Other Legislation Amendment (c) require appropriate medical investigation and intervention because 1 of an abnormal Pap smear result. 2 of chief executive to remove registered screening history 3 `Duty `100FM.(1) This section applies if a woman, in writing, asks the chief 4 executive to remove her registered screening history from the register. 5 `(2) As soon as is practicable after 6 weeks from receiving the request, 6 the chief executive must remove the woman's history from the register, 7 unless the woman withdraws her request before the period ends. 8 `(3) If the woman's request states or otherwise indicates that her 9 registered screening history was included in the register when, under this 10 division, it should not have been included, the chief executive must remove 11 the history from the register as soon as is practicable after receiving the 12 request. 13 of chief executive to change identifying information 14 `Duty `100FN. If a woman, in writing, asks the chief executive to change her 15 identifying information because she considers the information is incorrect, 16 the chief executive must comply with the request as soon as is practicable 17 after its receipt. 18 5--Confidentiality of, and access to, registered screening 19 `Subdivision histories of women 20 of all information in register 21 `Confidentiality `100FO.(1) This section applies to the chief executive and each of the 22 following persons involved in keeping the register or exercising powers 23 involving the register, whether under a delegation from the chief executive 24 or otherwise-- 25 (a) a health service employee; 26 (b) a public service employee within the department. 27 `(2) A person to whom this section applies must not, whether directly or 28 indirectly-- 29

s 11 23 s 11 Health and Other Legislation Amendment (a) disclose confidential information gained by the person under this 1 division, unless the disclosure is made under a disclosure section; 2 or 3 (b) make use of confidential information gained by the person under 4 this division, unless the information is used for this division. 5 Maximum penalty--50 penalty units. 6 `(3) The Health Services Act 1991, section 63, does not apply to a person 7 to whom this section applies in relation to a woman's registered screening 8 history.12 9 about woman's registered screening history 10 `Disclosures `100FP.(1) This section applies to a person to whom section 100FO 11 applies. 12 `(2) If the person receives a written request from a woman for her 13 registered screening history, the person must give the woman a copy of her 14 history. 15 `(3) Also, the person may disclose confidential information if-- 16 (a) the woman to whom the confidential information relates gives her 17 written consent for the disclosure; or 18 (b) the disclosure is made in a form the person reasonably believes 19 does not identify any woman; or 20 (c) the disclosure is authorised or permitted under an Act or is 21 required by law. 22 `(4) Further, the person may disclose confidential information to the 23 following-- 24 (a) a health service employee, or public service employee within the 25 department, who is involved in maintaining the accuracy, 26 completeness or integrity of the data making up the register; 27 12 Section 100FO(2) protects information gained under this division by providing for an offence for disclosing or making use of confidential information. As a specific offence is created under subsection (2), subsection (3) provides that the more general provision in the Health Services Act 1991, section 63 (Confidentiality) does not apply.

s 11 24 s 11 Health and Other Legislation Amendment (b) a person authorised to conduct scientific research and studies 1 under section 154M;13 2 (c) the Commonwealth, another State or an entity of the 3 Commonwealth or other State if the disclosure-- 4 (i) is decided by the chief executive to be in the public interest; 5 and 6 (ii) is required to be made, or may be made, under an agreement 7 that-- 8 (A) is between the State and the Commonwealth, the other 9 State or the entity; and 10 (B) is prescribed under a regulation for this subsection. 11 `(5) The Commonwealth, another State or an entity, that receives 12 confidential information under subsection (4)-- 13 (a) must not give it to anyone else; and 14 (b) must ensure the information is used only for the purpose for 15 which it was given under the agreement. 16 to register by health practitioners 17 `Access `100FQ.(1) This section applies if a health practitioner asks the chief 18 executive to give the health practitioner a woman's registered screening 19 history. 20 `(2) The chief executive may give the health practitioner a woman's 21 registered screening history if the chief executive is satisfied, on reasonable 22 grounds-- 23 (a) the woman is a patient of the health practitioner; and 24 (b) the registered screening history may help the health practitioner 25 make-- 26 (i) a clinical diagnosis about the woman; or 27 (ii) decisions about clinical management for the woman; or 28 13 Section 154M (Authority to conduct scientific research and studies)

s 11 25 s 11 Health and Other Legislation Amendment (iii) decisions about the timing for performing a procedure for 1 obtaining another Pap smear from the woman. 2 `(3) Subsection (2) does not authorise-- 3 (a) the disclosure of a woman's address to a health practitioner; or 4 (b) the disclosure of information identifying another health 5 practitioner or a pathology laboratory, without the written consent 6 of the other health practitioner or the director of the pathology 7 laboratory, identified in the disclosure. 8 to register by directors of, and nominated persons at, 9 `Access pathology laboratories 10 `100FR.(1) The director of a pathology laboratory may nominate, by 11 written notice to the chief executive, a person or persons employed at the 12 laboratory to whom a woman's registered screening history may be given 13 for the laboratory. 14 `(2) Subsection (3) applies if-- 15 (a) a Pap smear or histological sample from a woman has been sent 16 to a pathology laboratory for testing; and 17 (b) the director of, or a nominated person at, the pathology laboratory 18 asks the chief executive to give the director or nominated person 19 the woman's registered screening history. 20 `(3) The chief executive may give the director or nominated person the 21 woman's registered screening history if the chief executive is satisfied, on 22 reasonable grounds-- 23 (a) the director or person is interpreting results of the Pap smear test 24 or histology test and making recommendations about clinical 25 management for the woman; or 26 (b) the pathology laboratory has tested a Pap smear or histological 27 sample for the woman and the director or person is assessing the 28 performance of the pathology laboratory in accurately assessing 29 the proportion of correct predictions of detected lesions, 30 including, for example, for quality assurance purposes. 31 `(4) Subsection (3) does not authorise-- 32

s 11 26 s 11 Health and Other Legislation Amendment (a) the disclosure of a woman's address to the director of, or a 1 nominated person at, a pathology laboratory; or 2 (b) the disclosure of information identifying a particular health 3 practitioner or another pathology laboratory, without the written 4 consent of the health practitioner, or the director of the other 5 pathology laboratory, identified in the disclosure. 6 access to registered screening histories 7 `Unauthorised `100FS. A person must not knowingly obtain, or attempt to obtain, from 8 the register or any of the following persons confidential information the 9 person is not authorised under this division to obtain-- 10 (a) the chief executive; 11 (b) a health service employee, or a public service employee within the 12 department, involved in keeping the register or exercising powers 13 involving the register, whether under a delegation from the chief 14 executive or otherwise. 15 Maximum penalty--50 penalty units. 16 practitioners, directors and nominated persons to keep 17 `Health registered screening histories confidential 18 `100FT.(1) This section applies to a person to whom confidential 19 information is given under section 100FQ or 100FR.14 20 `(2) The person must not, whether directly or indirectly, disclose the 21 confidential information given to the person, unless the disclosure is made 22 under subsection (3) or (4). 23 Maximum penalty--50 penalty units. 24 `(3) A health practitioner may disclose a woman's registered screening 25 history to any of the following persons-- 26 (a) the woman; 27 (b) another health practitioner to whom the health practitioner has 28 14 Sections 100FQ (Access to register by health practitioners) and 100FR (Access to register by directors of, and nominated persons at, pathology laboratories)

s 11 27 s 11 Health and Other Legislation Amendment referred, or intends to refer, the woman or with whom the health 1 practitioner considers it necessary or desirable to discuss the 2 woman's history for the clinical management for the woman. 3 `(4) The director of, or a nominated person at, a pathology laboratory 4 may disclose a woman's registered screening history to any of the 5 following persons-- 6 (a) the woman; 7 (b) the person who performed the procedure to obtain the Pap smear 8 or histological sample; 9 (c) a medical practitioner that the director or nominated person is 10 satisfied, on reasonable grounds, is involved in the clinical 11 management for the woman; 12 (d) another person employed at the pathology laboratory involved 13 in-- 14 (i) the interpretation of Pap smear tests or histology tests, to the 15 extent the director or nominated person considers it 16 necessary or desirable to discuss the history with the other 17 person; or 18 (ii) assessing the performance of the laboratory in accurately 19 assessing the proportion of correct predictions of detected 20 lesions, including, for example, for quality assurance 21 purposes. 22 executive to monitor access to information 23 `Chief `100FU.(1) The chief executive must cause processes to be put into place 24 to monitor access to the registered screening history of women by-- 25 (a) health practitioners; and 26 (b) the directors of, and nominated persons at, pathology laboratories. 27 `(2) The processes for a health practitioner must allow the chief executive 28 to decide-- 29 (a) whether the health practitioner is accessing only the registered 30 screening history for women for whom the health practitioner is 31 making-- 32

s 11 28 s 11 Health and Other Legislation Amendment (i) clinical diagnoses; or 1 (ii) decisions about clinical management; or 2 (iii) decisions about the timing for performing procedures for 3 obtaining Pap smears; and 4 (b) whether someone else is accessing a woman's registered 5 screening history other than the woman's health practitioner. 6 `(3) The processes for a pathology laboratory must allow the chief 7 executive to decide-- 8 (a) whether the director of, or nominated persons at, a pathology 9 laboratory are accessing only the registered screening histories of 10 women for whom the pathology laboratory-- 11 (i) is testing Pap smears or histological samples, interpreting 12 the results of the Pap smear tests or histology tests and 13 making recommendations about clinical management for the 14 women; or 15 (ii) tested Pap smears or histological samples and the director or 16 nominated persons are assessing the performance of the 17 pathology laboratory in accurately assessing the proportion 18 of correct predictions of detected lesions, including, for 19 example, for quality assurance purposes; and 20 (b) whether someone is accessing the registered screening history of 21 women, other than the director of, or a nominated person at, the 22 pathology laboratory. 23 `Subdivision 6--Agreements and arrangements about confidential 24 information, and designation of certain persons 25 for sending out notices under ss 100FK and 100FL 26 `Agreements `100FV.(1) The chief executive may enter into a written agreement with 27 a person (the "contractor") for the contractor to send out notices under 28

s 11 29 s 11 Health and Other Legislation Amendment section 100FK or 100FL15 for the chief executive. 1 `(2) The chief executive may disclose confidential information to the 2 contractor to the extent it is necessary for the contractor to perform the 3 contractor's functions under the agreement. 4 `(3) For sending out a notice under section 100FK or 100FL-- 5 (a) the contractor may disclose confidential information to the 6 contractor's employees and the persons to whom the notices are 7 sent; and 8 (b) the contractor's employees may disclose confidential information 9 to the persons to whom the notices are sent. 10 `(4) A contractor, or an employee of the contractor, in receipt of 11 confidential information must not disclose it to another person, or use the 12 information, other than for sending out notices as mentioned in 13 subsection (3). 14 Maximum penalty for subsection (4)--50 penalty units. 15 about transfer of information 16 `Arrangements `100FW.(1) The chief executive may arrange for the transfer of 17 confidential information for inclusion in the register required to be 18 established under section 100D.16 19 `(2) A person does not commit an offence against section 100FO merely 20 because the person does something under the arrangement.17 21 executive may designate certain persons as health practitioners 22 `Chief `100FX. The chief executive may, by gazette notice, designate a person 23 who performs procedures to obtain Pap smears as a health practitioner for 24 this division. 25 15 Sections 100FK (Duty of chief executive on receipt of information) and 100FL (Chief executive may send reminder notices to certain women) 16 Section 100D (Register) 17 Section 100FO (Confidentiality of all information in register)

s 12 30 s 13 Health and Other Legislation Amendment 1 Example-- 2 An enrolled nurse working in a remote area.'. of s 180 (Regulation making power) 3 Amendment Clause 12.(1) Section 180(2)(e)-- 4 renumber as section 180(2)(f). 5 (2) Section 180(2)-- 6 insert-- 7 `(e) the information to be given to the chief executive for entering in 8 the Pap Smear Register and the timing for giving the 9 information;'. 10 of pt 7 (Transitional provisions) 11 Replacement Clause 13. Part 7-- 12 omit, insert-- 13 ART 7--TRANSITIONAL PROVISIONS FOR THE 14 `P HEALTH AND OTHER LEGISLATION AMENDMENT 15 ACT 1998 16 health officer may transfer documents to chief executive 17 `Chief `182.(1) This section applies to a document that, before the commencement 18 of this section-- 19 (a) was filed with, served on or otherwise given to the chief health 20 officer; or 21 (b) the chief health officer was required to prepare or keep under this 22 Act or another Act; or 23 (c) was created by or for, or otherwise possessed or controlled by, 24 the chief health officer because the document was necessary or 25 convenient for, or incidental to, performing functions or 26 exercising powers under this Act or another Act by the chief 27 health officer. 28

s 13 31 s 13 Health and Other Legislation Amendment `(2) The chief health officer may make the document available to the 1 chief executive. 2 `(3) If the chief health officer makes a document available to the chief 3 executive under subsection (2), the chief health officer does not contravene a 4 provision of this Act or another Act that-- 5 (a) states the chief health officer must not publish or disclose the 6 document or the information in the document, other than as 7 prescribed in this Act or the other Act; or 8 (b) states the chief health officer must not use the document for a 9 purpose other than a purpose allowed under this Act or the other 10 Act. 11 of certain evidentiary matters 12 `Preservation `183.(1) This section applies to a provision of this Act or another Act, 13 that, as in force immediately before the commencement of the Health and 14 Other Legislation Amendment Act 1998, section 14(1), (the 15 "commencement") provided it was not necessary to prove-- 16 (a) the appointment of the chief health officer; or 17 (b) a signature purporting to be the chief health officer's signature. 18 `(2) The provision, as in force immediately before the commencement, 19 continues to apply in a proceeding in relation to a matter that arose before 20 the commencement.'. 21

s 14 32 s 14 Health and Other Legislation Amendment PART 3--AMENDMENTS OF OTHER ACTS 1 amended in schedules 2 Acts Clause 14.(1) Schedule 1 amends the Acts mentioned in it. 3 (2) Schedule 2 amends the Acts mentioned in it.18 4 5 18 The Acts mentioned in schedule 1 change certain references from `chief health officer' and include some minor consequential amendments. The Acts mentioned in schedule 2 are amended for other reasons.

33 Health and Other Legislation Amendment CHEDULE 1 1 �S MENDMENTS TO CHANGE REFERENCES TO 2 A `CHIEF HEALTH OFFICER' AND MINOR 3 CONSEQUENTIAL AMENDMENTS 4 section 14(1) 5 CHILDREN'S SERVICES ACT 1965 6 � 1. Section 8-- 7 insert-- 8 ` "chief executive (health)" means the chief executive of the department in 9 which the Health Services Act 1991 is administered.'. 10 2. Sections 104(2) and (2A) and 144(1A), `chief health officer'-- 11 omit, insert-- 12 `chief executive (health)'. 13 RIMINAL LAW AMENDMENT ACT 1945 14 �C 1. Section 18(8A) from `chief health officer' to `administered)'-- 15 omit, insert-- 16 `chief executive of the department in which the Health Services Act 1991 17 is administered'. 18

34 Health and Other Legislation Amendment SCHEDULE 1 (continued) DRUGS MISUSE ACT 1986 1 � 1. Section 52A(2)(b), `by the chief health officer'-- 2 omit. 3 VIDENCE ACT 1977 4 �E 1. Schedule 1, item 6-- 5 omit. 6 2. Schedule 1, items 7 to 18-- 7 renumber as schedule 1, items 6 to 17. 8 LUORIDATION OF PUBLIC WATER SUPPLIES 9 �F ACT 1963 10 1. Section 2, definition "chief health officer"-- 11 omit. 12 2. Section 6(3)(f), `chief health officer'-- 13 omit, insert-- 14 `chief executive'. 15

35 Health and Other Legislation Amendment SCHEDULE 1 (continued) FOOD ACT 1981 1 � 1. Sections 8, 20, 21, 24, 26, 28A(1), 33(8), 36, 37, 39A, 40, 45(1)(b), 2 52(6), 53(1), 54(e), 55(1), 56, 57 and the schedule, sections 3, 4, 13(i) 3 and 26, `chief health officer'-- 4 omit, insert-- 5 `chief executive'. 6 2. Section 25, heading, `chief health officer'-- 7 omit, insert-- 8 `Minister'. 9 3. Section 25, from `In a case' to `in writing'-- 10 omit, insert-- 11 `If, after seeking advice from the chief executive and the chief health 12 officer, the Minister considers there is a case of emergency or sudden 13 necessity, the Minister, by written order'. 14 4. Section 25(a)(ii) and (b), `chief health officer'-- 15 omit, insert-- 16 `Minister'. 17 5. Section 39A(1), `chief health officer's'-- 18 omit, insert-- 19 `chief executive's'. 20

36 Health and Other Legislation Amendment SCHEDULE 1 (continued) EALTH ACT 1937 1 �H 1. Sections 9, 10, 15A, 16, 17(4), 18 to 20, 22, 24, 27B to 27D, 32A to 2 36, 38 to 40, 47 to 49, 76K(2) and (5), 76L(16)(a), 100H, 100I, 109, 3 110(2), 113(2), 124(2)(f), 124A, 129H, 130B to 130H, 131F, 131L, 4 131O, 131P, 131R to 131V, 131WB(1), 131WF(1), 132(1), 136(3), 5 137(a), 147, 150(1) and (2), 151(1) and (4), 152(i), (l) and (za), 165, 170, 6 173 and 177, `chief health officer'-- 7 omit, insert-- 8 `chief executive'. 9 2. Part 2, division 2, heading-- 10 omit. 11 3. Section 15(1), `chief health officer may'-- 12 omit, insert-- 13 `Minister may'. 14 4. Section 15(1), ` chief health officer thinks'-- 15 omit, insert-- 16 `Minister thinks'. 17 5. Section 15(1), `chief health officer's'-- 18 omit, insert-- 19 `chief executive's'. 20

37 Health and Other Legislation Amendment SCHEDULE 1 (continued) 6. Section 15(1), `chief health officer shall'-- 1 omit, insert-- 2 `chief executive must'. 3 7. Section 15(2), from `chief health officer may' to `of this Act'-- 4 omit, insert-- 5 `chief executive may make orders as to the costs of an inspection, 6 investigation or inquiry under subsection (1)'. 7 8. Section 15(4), `chief health officer'-- 8 omit, insert-- 9 `Minister'. 10 9. Section 15-- 11 insert-- 12 `(5) Before the Minister causes an inspection, investigation or inquiry to 13 be made under subsection (1), the Minister must seek advice from the chief 14 executive and the chief health officer.'. 15 10. Section 17, heading, `of chief health officer to act'-- 16 omit. 17 11. Section 17(1), from `In any emergency' to `and shall'-- 18 omit, insert-- 19 `If the Minister, after seeking advice from the chief executive and the 20 chief health officer, considers there is an emergency, the Minister may, and 21 must'. 22

38 Health and Other Legislation Amendment SCHEDULE 1 (continued) 12. Section 17(1), from `chief health officer shall deem' to `chief health 1 officer's judgment'-- 2 omit, insert-- 3 `Minister considers necessary or expedient or as are in the Minister's 4 opinion'. 5 13. Section 17(1), `upon the chief health officer or upon'-- 6 omit, insert-- 7 `on the Minister, the chief executive, the chief health officer or'. 8 14. Section 17(2) and (3), `chief health officer'-- 9 omit, insert-- 10 `Minister'. 11 15. Section 17(2), `chief health officer's'-- 12 omit, insert-- 13 `Minister's'. 14 16. Sections 47(7), 49(2), 110(1), 131R(2), 131S and 150(1), `chief 15 health officer's'-- 16 omit, insert-- 17 `chief executive's'. 18 17. Section 129H, heading, `Chief health officer'-- 19 omit, insert-- 20 `Chief executive'. 21

39 Health and Other Legislation Amendment SCHEDULE 1 (continued) 18. Section 158(1), before `chief health officer'-- 1 insert-- 2 `Minister, the chief executive, the'. 3 19. Sections 160(1), from `chief health officer and' to `have power 4 to'-- 5 omit, insert-- 6 `chief executive, the chief health officer, the local government and an 7 officer of the department or local government may'. 8 20. Section 164(5)-- 9 omit, insert-- 10 `(5) A document may be served on the chief executive by delivering it to 11 the chief executive or an officer appointed by the chief executive for the 12 purpose, or by forwarding it by post in a prepaid letter addressed to the 13 chief executive. 14 `(5A) A document may be served on the chief health officer by 15 delivering it to the chief health officer or an officer appointed by the chief 16 health officer for the purpose, or by forwarding it by post in a prepaid letter 17 addressed to the chief health officer. 18 `(5B) A document may be served on a local government by delivering it 19 to the chief executive officer of the local government, or by forwarding it by 20 post in a prepaid letter addressed to the local government.'. 21 21. Section 167(1) and (5), `chief health officer'-- 22 omit, insert-- 23 `chief executive, the chief health officer '. 24

40 Health and Other Legislation Amendment SCHEDULE 1 (continued) 22. Sections 167(2), `or the chief health officer'-- 1 omit, insert-- 2 `, the chief executive, the chief health officer'. 3 23. Section 178(b), from `signature' to `shall'-- 4 omit, insert-- 5 `signatures of the chief executive and chief health officer must'. 6 24. Sections 178(e), `chief health officer'-- 7 omit, insert-- 8 `chief executive or the chief health officer'. 9 HEALTH PRACTITIONERS (SPECIAL EVENTS 10 � EXEMPTION) ACT 1998 11 1. Section 10(b), 12 and 13(2), `chief health officer'-- 12 omit, insert-- 13 `chief executive'. 14 ENTAL HEALTH ACT 1974 15 �M 1. Section 5(1), definition "chief executive"-- 16 omit. 17 2. Sections 7, 8, 11(2), 13(1) and (2)(a), 50(1), 53(2)(a), (3) and (4) and 18 65(b), `chief health officer'-- 19

41 Health and Other Legislation Amendment SCHEDULE 1 (continued) omit, insert-- 1 `chief executive'. 2 3. Sections 8, 11(2) and 53(2)(b), `chief health officer's'-- 3 omit, insert-- 4 `chief executive's'. 5 4. Section 9, heading-- 6 omit, insert-- 7 `Minister'. 8 5. Section 9, `chief health officer'-- 9 omit, insert-- 10 `Minister'. 11 6. Section 9(1), from `, and shall make' to `by this Act'-- 12 omit. 13 7. Section 9-- 14 insert-- 15 `(3) Before the Minister makes, or causes to be made, an inspection, 16 investigation or inquiry under subsection (1), the Minister must seek advice 17 from the chief executive and the chief health officer.'. 18 8. Section 10(2), from `upon the chief health officer'-- 19 omit, insert-- 20 `on the Minister, under section 9(1), for visiting and inspecting 21 hospitals.'. 22

42 Health and Other Legislation Amendment SCHEDULE 1 (continued) 9. Section 28A-- 1 insert-- 2 ` "chief executive (justice)" means the chief executive of the department in 3 which the Criminal Code is administered.'. 4 10. Sections 29A(5) and (6), 29B(2), 29C(4), 30(5), 31(5) and (9), 5 31A(1)(c)(i), 33(4)(a), 38(3), (11)(a) and (13)(a) and 39(3), `chief 6 executive'-- 7 omit, insert-- 8 `chief executive (justice)'. 9 11. Part 8, heading-- 10 omit, insert-- 11 `PART 8--TRANSITIONAL PROVISIONS 12 `Division 1--Provisions for Act before commencement of Health and 13 Other Legislation Amendment Act 1998'. 14 12. After section 79-- 15 insert-- 16 `Division 2--Provision for Health and Other Legislation Amendment 17 Act 1998 18 `Chief executive's first report under s 8 to include a report by chief 19 health officer for period when chief health officer administering Act 20 `80. The report the chief executive must first give the Minister under 21 section 8 must include a report by the chief health officer about the chief 22 health officer's administration of this Act since the end of the period 23

43 Health and Other Legislation Amendment SCHEDULE 1 (continued) covered by the report that was the last report under the section before it was 1 amended by the Health and Other Legislation Amendment Act 1998.'. 2 PHARMACY ACT 1976 3 � 1. Section 32(2)(b), `chief health officer, Department of Health'-- 4 omit, insert-- 5 `chief executive'. 6 RACING AND BETTING ACT 1980 7 � 1. Section 228(3), from `Chief Health Officer' to `Health Act 1937'-- 8 omit, insert-- 9 `chief executive (health)'. 10 2. Section 228(3), `Chief Health Officer's records'-- 11 insert-- 12 `records of the chief executive (health)'. 13 3. Section 228-- 14 insert-- 15 `(4) In subsection (3)-- 16 ` "chief executive (health)" means the chief executive of the department in 17 which the Health Act 1937 is administered.'. 18

44 Health and Other Legislation Amendment SCHEDULE 1 (continued) RADIOACTIVE SUBSTANCES ACT 1958 1 � 1. Sections 8(6), 10(5), 12(1) and (2), 32A and 33(1A)(n), `chief health 2 officer'-- 3 omit, insert-- 4 `chief executive'. 5 TRANSPLANTATION AND ANATOMY ACT 1979 6 � 1. Section 6(1)-- 7 omit. 8 2. Section 6(2) and (3)-- 9 renumber as section 6(1) and (2). 10 ORKCOVER QUEENSLAND ACT 1996 11 �W 1. Section 448(2)(a) `chief health officer' to `Health Act 1937'-- 12 omit, insert-- 13 `chief executive of the department in which the Health Services Act 1991 14 is administered'. 15

45 Health and Other Legislation Amendment CHEDULE 2 1 �S AMENDMENTS OF ACTS FOR OTHER PURPOSES 2 section 14(2) 3 ENTAL TECHNICIANS AND DENTAL 4 �D PROSTHETISTS ACT 1991 5 1. Section 55(1), `(other than the by-laws)'-- 6 omit. 7 2. Section 55(2)-- 8 omit, insert-- 9 `(2) The penalty of 17 penalty units mentioned in subsection (1) does not 10 apply for a contravention of a by-law.'. 11 EALTH ACT 1937 12 �H 1. Section 5(1), definition "drug", `Therapeutic Goods Act 1993 13 (Cwlth)'-- 14 omit, insert-- 15 `Therapeutic Goods Act 1989 (Cwlth)'. 16 2. Section 100F(b) and (c) `furnished'-- 17 omit, insert-- 18 `given'. 19

46 Health and Other Legislation Amendment SCHEDULE 2 (continued) 3. Section 140A(2), `subsection (3)'-- 1 omit, insert-- 2 `subsection (1)'. 3 4. Section 152(u), (v), (y) and (z), `Therapeutic Goods Act 1993 4 (Cwlth)'-- 5 omit, insert-- 6 `Therapeutic Goods Act 1989 (Cwlth)'. 7 HEALTH SERVICES ACT 1991 8 � 1. Part 7-- 9 omit. 10 EDICAL ACT 1939 11 �M 1. Section 40(2), `section 14(2)'-- 12 omit, insert-- 13 `section 14A(1)'. 14 NURSING ACT 1992 15 � 1. Section 4, definitions "nurse education", "nursing practice" and 16 "nursing qualifications", `psychiatric'-- 17 omit, insert-- 18 `mental health'. 19

47 Health and Other Legislation Amendment SCHEDULE 2 (continued) 2. Section 50(1), `2 months'-- 1 omit, insert-- 2 `21 days'. 3 3. Section 50(1), `written'-- 4 omit. 5 4. Section 76(1)(b) and (2) and 77(2),`psychiatric'-- 6 omit, insert-- 7 `mental health'. 8 5. Section 78(4)-- 9 omit, insert-- 10 `(4) The council may give accreditation to a nursing course in a form it 11 considers appropriate, including full accreditation or accreditation that is 12 subject to conditions.'. 13 6. Section 78(9), `or enrolment'-- 14 omit, insert-- 15 `, enrolment, or endorsement to practise in an area of nursing,'. 16 7. Part 9, before section 149-- 17 insert-- 18 `Division 1--Provisions consequential on passing of Nursing Act 1992'. 19 8. After section 150-- 20 insert-- 21

48 Health and Other Legislation Amendment SCHEDULE 2 (continued) `Division 2--Provisions for the Health and Other Legislation 1 Amendment Act 1998 2 `Existing time for notification of change of particulars to continue etc. 3 `151.(1) This section applies to a person who, immediately before the 4 commencement of this section, was required to give notice about the change 5 of either of the following within 2 months of the change-- 6 (a) a particular entered in the register or roll; 7 (b) a particular given to the council to gain entry or remain in the 8 register or roll. 9 `(2) Despite section 50, the person still has the same time to give notice 10 to the council about the change that the person had before the 11 commencement. 12 `(3) However, the person need not give notice of the change in writing. 13 `Endorsement to practise as psychiatric nurse 14 `152.(1) This section applies to an annual licence certificate issued before 15 the commencement of this section and endorsed to show an authorisation to 16 practise as a psychiatric nurse. 17 `(2) This certificate is taken to be endorsed to show an authorisation to 18 practise as a mental health nurse.'. 19 PEECH PATHOLOGISTS ACT 1979 20 �S 1. Section 37-- 21 insert-- 22 `(3) A by-law must be approved by the Governor in Council.19'. 23 19 A by-law is subordinate legislation (see the Statutory Instruments Act 1992, sections 7, 8(b)(i) and 9(1)(a)).

49 Health and Other Legislation Amendment � State of Queensland 1998

[Index] [Search] [Download] [Related Items] [Help]