Queensland Bills Queensland Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
HEALTH LEGISLATION
AMENDMENT BILL 2003
Queensland
HEALTH LEGISLATION AMENDMENT
BILL 2003
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
PART 2--AMENDMENT OF CHIROPRACTORS REGISTRATION
ACT 2001
3 Act amended in pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
4 Insertion of new pt 4, div 1A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Division 1A--Restricted core practice
120A Restriction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
5 Replacement of pt 10, hdg (Repeal, transitional and savings provisions). . . 11
6 Omission of pt 10, div 3 (Savings provisions) . . . . . . . . . . . . . . . . . . . . . . . 11
PART 3--AMENDMENT OF DENTAL PRACTITIONERS
REGISTRATION ACT 2001
7 Act amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
8 Amendment of s 15 (Membership of board) . . . . . . . . . . . . . . . . . . . . . . . . . 12
9 Amendment of s 16 (Registrant members) . . . . . . . . . . . . . . . . . . . . . . . . . . 12
10 Amendment of s 18 (Certain nominee board members) . . . . . . . . . . . . . . . . 13
11 Amendment of s 22 (Vacation of office) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
12 Insertion of new pt 3, div 9A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Division 9A--Dental auxiliary registration
Subdivision 1--Applications for dental auxiliary registration
133A Procedural requirements for applications . . . . . . . . . . . . . . . . . . . . . 13
Subdivision 2--Eligibility for dental auxiliary registration
133B Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
2
Health Legislation Amendment Bill 2003
133C When applicant is qualified for dental auxiliary registration. . . . . . . 14
Subdivision 3--Decision on applications
133D Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Subdivision 4--Information in certificates of dental auxiliary registration
133E Forms of certificates of dental auxiliary registration . . . . . . . . . . . . . 16
Subdivision 5--Conditions of dental auxiliary registration
133F Imposition of conditions by board . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Subdivision 6--Application of certain provisions
133G Application of certain provisions about general registration to
dental auxiliary registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
13 Amendment of s 139 (Notification of certain events to interstate
regulatory authorities and other entities). . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
14 Insertion of new pt 4, div 1A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Division 1A--Restricted practice of dentistry
139A Restriction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
15 Replacement of s 140 (Taking of restricted titles etc.) . . . . . . . . . . . . . . . . . 21
140 Taking of restricted dental auxiliary registrant title etc. . . . . . . . . . . 21
140A Taking of restricted general registrant title etc. . . . . . . . . . . . . . . . . . 23
140B Taking of restricted dental auxiliary registrant title for which
not registered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
140C Restriction on use of titles by special purpose registrants and
provisional special purpose registrants . . . . . . . . . . . . . . . . . . . . . . . 25
16 Amendment of s 141 (Taking of restricted specialist title etc.). . . . . . . . . . . 26
17 Amendment of s 144 (Claims by persons as to other persons' registration) . 26
18 Replacement of ss 145 and 146. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
145 Restrictions on registrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
19 Amendment of s 153 (Persons may be prohibited from supplying
health services etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
20 Amendment of s 154 (Injunctions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
21 Amendment of s 201 (Powers of court on appeal) . . . . . . . . . . . . . . . . . . . . 28
22 Amendment of s 215 (Register to be kept) . . . . . . . . . . . . . . . . . . . . . . . . . . 28
23 Amendment of s 223 (Health records of persons convicted of an
offence against s 140(1) or (6), 141(1) or 143) . . . . . . . . . . . . . . . . . . . . . . . 29
24 Amendment of s 230 (Deemed general or specialist registration of
visiting practitioners). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
3
Health Legislation Amendment Bill 2003
25 Replacement of pt 10, div 2, hdg (Transitional provisions) . . . . . . . . . . . . . 30
26 Omission of ss 262 and 263 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
27 Omission of s 264 (Training, designation and duties of operative dental
auxiliaries) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
28 Insertion of new pt 10, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Division 4--Transitional provisions for the Health Legislation Amendment
Act 2003
267 Appointment of eligible persons to board . . . . . . . . . . . . . . . . . . . . . 30
29 Insertion of new s 268 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
268 Transitional provision for s 263 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
30 Amendment of sch 1 (Decisions for which information notices
must be given) ........................................... 32
31 Amendment of sch 4 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
PART 4--AMENDMENT OF DENTAL TECHNICIANS AND
DENTAL PROSTHETISTS REGISTRATION ACT 2001
32 Act amended in pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
33 Insertion of new pt 4, div 1A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Division 1A--Restricted practice for dental prosthetic services
124A Authority to practise restricted to registrants. . . . . . . . . . . . . . . . . . . 35
124B Restriction on provision of dental prosthetic services . . . . . . . . . . . . 36
34 Replacement of pt 10, hdg (Repeal, transitional and savings provisions). . . 36
35 Omission of pt 10, div 3 (Savings provisions) . . . . . . . . . . . . . . . . . . . . . . . 37
36 Amendment of sch 4 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
PART 5--AMENDMENT OF HEALTH ACT 1937
37 Act amended in pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
38 Amendment of s 5 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
39 Amendment of s 27 (Appointment of officers) . . . . . . . . . . . . . . . . . . . . . . . 38
40 Amendment of s 27B (Rules as to competency of officers) . . . . . . . . . . . . . 38
PART 6--AMENDMENT OF HEALTH PRACTITIONERS
(PROFESSIONAL STANDARDS) ACT 1999
41 Act amended in pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
42 Insertion of new pt 2, div 3, sdiv 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Subdivision 1A--Preliminary
13A Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
4
Health Legislation Amendment Bill 2003
43 Amendment of s 18 (Restrictions on membership of panel). . . . . . . . . . . . . 39
44 Amendment of s 39 (Panels of assessors) . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
45 Amendment of s 245 (Notification of decision of tribunal) . . . . . . . . . . . . . 39
46 Amendment of s 251 (Tribunal must give notice). . . . . . . . . . . . . . . . . . . . . 40
47 Amendment of s 383 (Board to give notice to commissioner at end of
dealing with complaint). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
48 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
PART 7--AMENDMENT OF HEALTH RIGHTS COMMISSION
ACT 1991
49 Act amended in pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
50 Amendment of s 79 (Decisions not to take action) . . . . . . . . . . . . . . . . . . . . 41
51 Amendment of s 85 (Public interest). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
52 Amendment of s 92 (Confidentiality of conciliation) . . . . . . . . . . . . . . . . . . 42
53 Insertion of new s 127A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
127A Conciliation after investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
PART 8--AMENDMENT OF HEALTH SERVICES ACT 1991
54 Act amended in pt 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
55 Amendment of s 10 (Appointment of members). . . . . . . . . . . . . . . . . . . . . . 43
56 Amendment of s 14 (Vacation of office) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
57 Insertion of new ss 14A and 14B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
14A When notice of resignation takes effect. . . . . . . . . . . . . . . . . . . . . . . 44
14B Effect of vacancy in membership of council . . . . . . . . . . . . . . . . . . . 44
58 Amendment pt 9, hdg (Repeals, savings and transitional provisions) . . . . . 44
59 Insertion of new pt 9, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Division 4--Validating provision for Health Legislation
Amendment Act 2003
81 Validation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
PART 9--AMENDMENT OF NURSING ACT 1992
60 Act amended in pt 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
61 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
62 Amendment of s 7 (Council's functions) . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
63 Amendment of s 10 (By-laws) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
64 Amendment of s 43 (Delegation by council) . . . . . . . . . . . . . . . . . . . . . . . . 48
5
Health Legislation Amendment Bill 2003
65 Amendment of s 47 (Committees of council) . . . . . . . . . . . . . . . . . . . . . . . . 48
66 Amendment of s 54 (Qualifications for registration or enrolment). . . . . . . . 48
67 Amendment of s 55 (Application for registration or enrolment) . . . . . . . . . 49
68 Amendment of s 64 (Temporary registration) . . . . . . . . . . . . . . . . . . . . . . . . 49
69 Insertion of new s 64A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
64A Suitability to be temporarily registered . . . . . . . . . . . . . . . . . . . . . . . 49
70 Amendment of s 65 (Limited registration or enrolment) . . . . . . . . . . . . . . . 50
71 Amendment of s 66 (Concerns about condition of applicants and nurses) . . 50
72 Amendment of s 67 (Immediate suspension of registration or
enrolment by council) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
73 Amendment of s 68 (Immediate suspension of registration or
enrolment by executive officer) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
74 Amendment of s 77 (Authorisation to practise) . . . . . . . . . . . . . . . . . . . . . . 52
75 Insertion of new s 77A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
77A Suitability to practise midwifery or nursing . . . . . . . . . . . . . . . . . . . 53
76 Replacement of pt 5, div 1, hdg (Professional Conduct Committee) . . . . . . 53
77 Replacement of s 84 (Professional Conduct Committee) . . . . . . . . . . . . . . . 53
84 Continuation of Professional Conduct Committee under the
name Nursing Tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
78 Amendment of s 85 (Committee's functions) . . . . . . . . . . . . . . . . . . . . . . . . 54
79 Replacement of pt 5, div 2, hdg (Code of conduct). . . . . . . . . . . . . . . . . . . . 54
80 Omission of ss 99 and 100 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
81 Insertion of new pt 5, div 2A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Division 2A--Codes of practice
101A Council may develop or adopt code of practice. . . . . . . . . . . . . . . . . 55
101B Inspection of approved codes of practice etc. . . . . . . . . . . . . . . . . . . 55
101C Use of approved code of practice in disciplinary proceedings . . . . . 56
82 Replacement of pt 5, div 3, hdg (Contraventions of code of conduct) . . . . . 56
83 Replacement of s 102 (Complaints concerning conduct) . . . . . . . . . . . . . . . 56
102 Who may make complaint about nurse, midwife or other person
authorised to practise nursing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
102AA Grounds for complaint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
102AB How complaint is made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
102AC Entity making complaint to reveal identity. . . . . . . . . . . . . . . . . . . . 57
6
Health Legislation Amendment Bill 2003
84 Amendment of s 102A (Action by council on receipt of complaint
about conduct) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
85 Amendment of s 102C (Investigation to be undertaken by council) . . . . . . . 58
86 Amendment of s 102D (Action may be taken in relation to former
nurses etc.) .............................................. 59
87 Amendment of s 103 (Investigation by council) . . . . . . . . . . . . . . . . . . . . . . 59
88 Amendment of s 103A (Council to keep commissioner informed about
investigation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
89 Amendment of s 104 (Referral of charge to Professional
Conduct Committee) ....................................... 60
90 Insertion of new pt 5, div 3A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
Division 3A--Grounds for disciplinary action
104A Grounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
91 Replacement of pt 5, div 4, hdg (Professional Conduct Committee
proceedings) .............................................. 62
92 Amendment of s 116 (Action by committee) . . . . . . . . . . . . . . . . . . . . . . . . 62
93 Amendment of s 118A (Council to give notice to commissioner at
end of dealing with matter) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
94 Insertion of new pt 5, div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
Division 6--Other matters
121A Aiding, abetting etc. conduct that is a ground for disciplinary action 63
95 Amendment of s 129 (Entry and search--evidence of offences) . . . . . . . . . 64
96 Amendment of s 133 (Inspector may require name and address) . . . . . . . . . 64
97 Amendment of pt 7, div 3, hdg (Investigation of complaints relating
to code of conduct) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
98 Amendment of s 136 (Powers of inspectors) . . . . . . . . . . . . . . . . . . . . . . . . 65
99 Amendment of s 137 (Appeals). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
100 Amendment of s 138 (Holders of office to act honestly and with propriety) 65
101 Amendment of s 139 (Confidentiality of documents and information) . . . . 66
102 Insertion of new ss 140A140C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
140A Notice of certain convictions to be given to council . . . . . . . . . . . . . 66
140B Notice of certain judgments and settlements to be given to council . 67
140C Notice about certain events to be given to council . . . . . . . . . . . . . . 68
103 Insertion of new pt 9, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
Division 4--Provision for Health Legislation Amendment Act 2003
7
Health Legislation Amendment Bill 2003
154 Continuation of Professional Conduct Committee under the
name Nursing Tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
PART 10--AMENDMENT OF OPTOMETRISTS REGISTRATION
ACT 2001
104 Act amended in pt 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
105 Insertion of new pt 4, div 1A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
Division 1A--Restricted core practice
120A Restriction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
106 Replacement of pt 10, hdg (Repeal, transitional and savings provisions). . . 69
107 Omission of pt 10, div 3 (Savings provisions) . . . . . . . . . . . . . . . . . . . . . . . 69
PART 11--AMENDMENT OF PHYSIOTHERAPISTS
REGISTRATION ACT 2001
108 Act amended in pt 11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
109 Replacement of pt 10, hdg (Repeal, transitional and savings provisions). . . 70
110 Omission of pt 10, div 3 (Savings provisions) . . . . . . . . . . . . . . . . . . . . . . . 70
PART 12--AMENDMENT OF PODIATRISTS REGISTRATION
ACT 2001
111 Act amended in pt 12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
112 Replacement of pt 10, hdg (Repeal, transitional and savings provisions). . . 70
113 Omission of pt 10, div 3 (Savings provisions) . . . . . . . . . . . . . . . . . . . . . . . 71
PART 13--AMENDMENTS OF ACT AND REGULATIONS
114 Amendments--schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 72
AMENDMENT OF ACT AND REGULATIONS
NURSING ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
DENTAL PRACTITIONERS REGISTRATION REGULATION 2001 . . . 73
DENTAL TECHNICIANS AND DENTAL PROSTHETISTS
REGISTRATION REGULATION 2001 . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
2003
A BILL
FOR
An Act to amend Acts administered by the Minister for Health and for
other purposes
s1 10 s4
Health Legislation Amendment Bill 2003
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title
Clause 3
This Act may be cited as the Health Legislation Amendment Act 2003. 4
2 Commencement
Clause 5
(1) The following provisions commence on a day to be fixed by 6
proclamation-- 7
(a) sections 12 to 27, 29, 30, 32 to 36, 42 to 44, 48, 66 to 69, 71(2), 8
74, 75; and 9
(b) the schedule to the extent it amends the Dental Technicians and 10
Dental Prosthetists Registration Regulation 2001. 11
(2) If under subsection (1), section 27 has not commenced 1 year after 12
this Act is assented to, section 27 commences at that time. 13
PART 2--AMENDMENT OF CHIROPRACTORS 14
REGISTRATION ACT 2001 15
3 Act amended in pt 2
Clause 16
This part amends the Chiropractors Registration Act 2001. 17
4 Insertion of new pt 4, div 1A
Clause 18
Part 4, before division 1-- 19
insert-- 20
s5 11 s6
Health Legislation Amendment Bill 2003
`Division 1A--Restricted core practice 1
`120A Restriction 2
`(1) A person who is not a registrant, medical practitioner, osteopath or 3
physiotherapist must not, in the course of providing a health service, 4
perform spinal manipulation on a person. 5
Maximum penalty--1 000 penalty units. 6
`(2) This section does not prohibit spinal manipulation on a person by a 7
student, under the immediate personal supervision of a registrant, medical 8
practitioner, osteopath or physiotherapist, in the course of the student's 9
training and instruction for a qualification as a chiropractor, medical 10
practitioner, osteopath or physiotherapist. 11
`(3) In this section-- 12
"osteopath" means a person registered under the Osteopaths Registration 13
Act 2001. 14
"physiotherapist" means a person registered under the Physiotherapists 15
Registration Act 2001. 16
"spinal manipulation" means the high velocity application of force to a 17
person's body that affects a joint, or group of joints, of the person's 18
spinal column.'. 19
5 Replacement of pt 10, hdg (Repeal, transitional and savings
Clause 20
provisions) 21
Part 10, heading-- 22
omit, insert-- 23
`PART 10--REPEAL AND TRANSITIONAL 24
PROVISIONS'. 25
6 Omission of pt 10, div 3 (Savings provisions)
Clause 26
Part 10, division 3-- 27
omit. 28
s7 12 s9
Health Legislation Amendment Bill 2003
PART 3--AMENDMENT OF DENTAL PRACTITIONERS 1
REGISTRATION ACT 2001 2
7 Act amended in pt 3
Clause 3
This part amends the Dental Practitioners Registration Act 2001. 4
8 Amendment of s 15 (Membership of board)
Clause 5
(1) Section 15(1), `7'-- 6
omit, insert-- 7
`9'. 8
(2) Section 15(2)(a)-- 9
omit, insert-- 10
`(a) persons who are general registrants and persons who are dental 11
auxiliary registrants (the "registrant members"); and'. 12
9 Amendment of s 16 (Registrant members)
Clause 13
(1) Section 16(a)-- 14
omit, insert-- 15
`(a) at least 2 general registrants nominated by the bodies the 16
Minister considers represent the interests of general registrants; 17
and 18
(ab) at least 2 dental auxiliary registrants nominated by the bodies the 19
Minister considers represent the interests of dental auxiliary 20
registrants; and'. 21
(2) Section 16(c)-- 22
omit, insert-- 23
`(c) at least 1 general registrant or dental auxiliary registrant 24
nominated by the Minister.'. 25
s 10 13 s 12
Health Legislation Amendment Bill 2003
10 Amendment of s 18 (Certain nominee board members)
Clause 1
Section 18(1), `16(a) or (b)'-- 2
omit, insert-- 3
`16(a), (ab) or (b)'. 4
11 Amendment of s 22 (Vacation of office)
Clause 5
Section 22(2)(a), `general registrant'-- 6
omit, insert-- 7
`general registrant or dental auxiliary registrant'. 8
12 Insertion of new pt 3, div 9A
Clause 9
Part 3, before division 10-- 10
insert-- 11
`Division 9A--Dental auxiliary registration 12
`Subdivision 1--Applications for dental auxiliary registration 13
`133A Procedural requirements for applications 14
`(1) An application for dental auxiliary registration must-- 15
(a) be made to the board; and 16
(b) be in the approved form; and 17
(c) be accompanied by-- 18
(i) satisfactory evidence of relevant qualifications; and 19
(ii) the application fee prescribed under a regulation (the 20
"dental auxiliary application fee"); and 21
(iii) the registration fee prescribed under a regulation (the 22
"dental auxiliary registration fee"); and 23
(iv) any other documents, identified in the approved form, the 24
board reasonably requires; and 25
s 12 14 s 12
Health Legislation Amendment Bill 2003
(v) if the applicant is registered under a corresponding law, 1
written details of any conditions of the registration; and 2
(d) state the category or categories of dental auxiliary to which the 3
application relates. 4
`(2) The approved form may require the disclosure of the applicant's 5
criminal history. 6
`(3) If the approved form requires the disclosure of the applicant's 7
criminal history, the Criminal Law (Rehabilitation of Offenders) Act 1986 8
does not apply to the disclosure. 9
`(4) Information in the application must, if the approved form requires, 10
be verified by a statutory declaration. 11
`Subdivision 2--Eligibility for dental auxiliary registration 12
`133B Eligibility 13
`(1) An applicant for dental auxiliary registration is eligible for dental 14
auxiliary registration if-- 15
(a) the applicant is qualified for dental auxiliary registration under 16
section 133C; and 17
(b) the applicant is fit to practise the profession.1 18
`(2) Without limiting subsection (1), the board may be satisfied the 19
applicant is eligible for dental auxiliary registration by imposing conditions 20
on the registration under section 133F. 21
`133C When applicant is qualified for dental auxiliary registration 22
`(1) An applicant for dental auxiliary registration is qualified for 23
registration if-- 24
(a) the applicant has a qualification prescribed under a regulation for 25
the category or categories to which the application relates; or 26
1 See section 45 which states the matters to which the board may have regard in
deciding whether an applicant is fit to practise the profession.
s 12 15 s 12
Health Legislation Amendment Bill 2003
(b) the applicant has a qualification that is substantially equivalent 1
to, or based on similar competencies to that required for, a 2
current Australian or New Zealand qualification; or 3
(c) the applicant has passed a qualifying examination in the 4
profession set by or for, or recognised by, the board. 5
`(2) In deciding whether subsection (1)(b) is satisfied, the board may 6
have regard to the following-- 7
(a) the advice and recommendations of-- 8
(i) an entity recognised by the board as competent to assess 9
qualifications in the profession; or 10
(ii) an entity responsible for accrediting courses, or accrediting 11
institutions to educate persons, for the profession; 12
(b) the attributes of the course leading to the applicant's 13
qualification; 14
15
Example of attributes of a course--
16
the course objectives and competencies
(c) any other relevant issue. 17
`(3) In this section-- 18
"current Australian or New Zealand qualification" means an Australian 19
or New Zealand qualification, mentioned in a regulation made under 20
subsection (1)(a), that may be conferred or awarded as a result of the 21
successful completion of a course offered, at the date of the 22
applicant's application for dental auxiliary registration, by the 23
educational institution mentioned in relation to the qualification. 24
`Subdivision 3--Decision on applications 25
`133D Decision 26
`The board must consider the application and decide to register, or refuse 27
to register, the applicant as a dental auxiliary registrant in the category or 28
categories to which the application relates. 29
s 12 16 s 12
Health Legislation Amendment Bill 2003
`Subdivision 4--Information in certificates of dental auxiliary 1
registration 2
`133E Forms of certificates of dental auxiliary registration 3
`(1) A certificate of dental auxiliary registration must be in the approved 4
form. 5
`(2) The approved form must provide for the inclusion of the 6
following-- 7
(a) the registrant's name; 8
(b) the category or categories to which the registration relates; 9
(b) the period of the registration; 10
(c) any conditions of registration. 11
`Subdivision 5--Conditions of dental auxiliary registration 12
`133F Imposition of conditions by board 13
`(1) The board may decide to register an applicant for dental auxiliary 14
registration for a category or categories on conditions the board considers 15
necessary or desirable for the applicant to competently and safely practise 16
the profession in the category or categories. 17
`(2) If an applicant is registered in more than 1 category, different 18
conditions may be stated for each category. 19
`(3) If the board decides to register an applicant for dental auxiliary 20
registration on conditions, it must as soon as practicable-- 21
(a) also decide the review period applying to the conditions; and 22
(b) give the applicant an information notice about the decisions. 23
`(4) If the board decides to register an applicant for dental auxiliary 24
registration on conditions because of the applicant's mental and physical 25
health, it must also decide whether details of the conditions must be 26
recorded in the register for the period for which the conditions are in force. 27
`(5) The board must decide not to record details of the conditions 28
mentioned in subsection (4) in the register unless it reasonably believes it is 29
in the interests of users of the registrant's services or the public to know the 30
details. 31
s 12 17 s 12
Health Legislation Amendment Bill 2003
`Subdivision 6--Application of certain provisions 1
`133G Application of certain provisions about general registration to 2
dental auxiliary registration 3
`(1) The following provisions (the "stated provisions") apply to dental 4
auxiliary registration and provisional dental auxiliary registration as if it 5
were general registration and provisional general registration-- 6
(a) division 1 (Preliminary); 7
(b) division 2 (Applications for general registration), other than 8
sections 42, 43, 44, 51, 55 and 57; 9
(c) division 3 (Provisional general registration); 10
(d) division 4 (Renewal of general registrations); 11
(e) division 5 (Restoration of general registrations); 12
(f) division 6 (Cancellation of general registrations); 13
(g) division 7 (Reviewing conditions of general registrations). 14
`(2) For subsection (1)(b), section 45(3) applies as if the reference in that 15
subsection to section 44(1)(c) were a reference to section 133C(1)(c). 16
`(3) For subsection (1), the stated provisions apply as if-- 17
(a) an applicant for general registration were an applicant for dental 18
auxiliary registration; and 19
(b) an application for general registration were an application for 20
dental auxiliary registration; and 21
(c) general registration were dental auxiliary registration; and 22
(d) provisional general registration were provisional dental auxiliary 23
registration; and 24
(e) a certificate of provisional general registration were a certificate 25
of provisional dental auxiliary registration; and 26
(f) a provisional general registrant were a provisional dental 27
auxiliary registrant; and 28
(g) a certificate of general registration were a certificate of dental 29
auxiliary registration; and 30
(h) a general registrant were a dental auxiliary registrant; and 31
s 13 18 s 13
Health Legislation Amendment Bill 2003
(i) the profession were the category or categories of the profession 1
to which the dental auxiliary registration relates; and 2
(j) the registration fee were the dental auxiliary registration fee; and 3
(k) the restoration fee were the dental auxiliary restoration fee; and 4
(l) a general registration period were a dental auxiliary registration 5
period; and 6
(m) an applicant for renewal of general registration were an applicant 7
for renewal of dental auxiliary registration; and 8
(n) an application for renewal of general registration were an 9
application for renewal of dental auxiliary registration; and 10
(o) an applicant for restoration of general registration were an 11
applicant for restoration of dental auxiliary registration; and 12
(p) an application for restoration of general registration were an 13
application for restoration of dental auxiliary registration. 14
`(4) The approved form for a certificate of provisional dental auxiliary 15
registration must also provide for the inclusion of the category or 16
categories to which the registration relates.'. 17
13 Amendment of s 139 (Notification of certain events to interstate
Clause 18
regulatory authorities and other entities) 19
(1) Section 139(1), `specialist registration'-- 20
omit, insert-- 21
`specialist registration, dental auxiliary registration'. 22
(2) Section 139(3)(j), `or'-- 23
omit, insert-- 24
`, dental auxiliary or'. 25
s 14 19 s 14
Health Legislation Amendment Bill 2003
14 Insertion of new pt 4, div 1A
Clause 1
Part 4, before division 1-- 2
insert-- 3
`Division 1A--Restricted practice of dentistry 4
`139A Restriction 5
`(1) A person who is not a general registrant, provisional general 6
registrant or medical practitioner, must not practise dentistry. 7
Maximum penalty--1 000 penalty units. 8
`(2) This section does not prohibit-- 9
(a) the extraction of a tooth by any person if-- 10
(i) the extraction is urgent; and 11
(ii) no general registrant, provisional general registrant or 12
medical practitioner is available; and 13
(iii) the extraction is performed without the application of a 14
general or local anaesthetic; or 15
(b) the provision of first aid treatment for dental emergencies; or 16
(c) the application of a dressing to a tooth under the direction of a 17
general registrant, provisional general registrant or medical 18
practitioner; or 19
(d) dentistry by a dental auxiliary registrant or provisional dental 20
auxiliary registrant performing the following functions under the 21
supervision of a supervising registrant-- 22
(i) the general functions of a dental auxiliary registrant; 23
(ii) additional functions prescribed under a regulation that the 24
dental auxiliary may perform because of the following-- 25
(A) qualifications prescribed under a regulation; 26
(B) qualifications and experience that the Board considers 27
qualifies the dental auxiliary to perform the additional 28
functions; or 29
(e) dentistry by a special purpose registrant or provisional special 30
purpose registrant, other than a special purpose registrant or 31
s 14 20 s 14
Health Legislation Amendment Bill 2003
provisional special purpose registrant whose registration is based 1
on a qualification as a dental auxiliary; or 2
(f) dentistry by a special purpose registrant or provisional special 3
purpose registrant whose registration is based on a qualification 4
as a dental auxiliary, under the supervision of a supervising 5
registrant; or 6
(g) dentistry by a person, undertaking study or training in the 7
practice of the profession to obtain a qualification for general 8
registration, under the immediate personal supervision of a 9
supervising registrant; or 10
(h) dentistry by a person undertaking study about, or training in, the 11
performance of the functions of a dental auxiliary registrant, 12
under the immediate personal supervision of a supervising 13
registrant; or 14
(i) dentistry by a dental auxiliary undergoing an examination 15
conducted by or on behalf of the board under the immediate 16
personal supervision of a supervising registrant. 17
18
Example for subsection (2)(b)--
19
The replacement of a footballer's tooth in its socket after it has been dislodged in a
20
football match.
21
Example for subsection (2)(c)--
22
The application of a dressing to a tooth by a person in a community where a dentist is
23
not available. A dentist gives instructions by phone to the person applying the dressing.
`(3) This section does not apply to the provision of a dental prosthetic 24
service within the meaning of the Dental Technicians and Dental 25
Prosthetists Registration Act 2001 by a person registered under that Act as 26
a dental prosthetist. 27
`(4) In this section-- 28
"dentistry" means all or any of the following-- 29
(a) diagnosis of conditions of the mouth; 30
(b) fitting or intra-oral adjustment for a person of artificial teeth or 31
corrective or restorative dental appliances; 32
(c) performance of exposure prone or irreversible procedures on a 33
person's teeth, jaw, mouth and associated structures. 34
"direction" means direction by phone or other technology allowing 35
reasonably contemporaneous and continuous oral communication. 36
s 15 21 s 15
Health Legislation Amendment Bill 2003
"exposure prone procedure" means-- 1
(a) a sub-mucosal invasion with a surgical instrument; or 2
(b) a procedure dealing with sharp tissues or bone spicules in a body 3
cavity or site. 4
"irreversible procedure" means a treatment, or series of treatments, that 5
causes a permanent change to the affected hard or soft tissues. 6
"supervising registrant" means a registrant, other than the following-- 7
(a) a dental auxiliary registrant or provisional dental auxiliary 8
registrant; 9
(b) a special purpose registrant or provisional special purpose 10
registrant whose registration is based on a qualification as a 11
dental auxiliary.'. 12
15 Replacement of s 140 (Taking of restricted titles etc.)
Clause 13
Section 140-- 14
omit, insert-- 15
`140 Taking of restricted dental auxiliary registrant title etc. 16
`(1) A person who is not a dental auxiliary registrant or a provisional 17
dental auxiliary registrant must not take or use a restricted dental auxiliary 18
registrant title. 19
Maximum penalty--1 000 penalty units. 20
`(2) Subsection (1) does not apply to a person if-- 21
(a) the person takes or uses the restricted dental auxiliary registrant 22
title as part of a business name for a business providing 23
professional services; and 24
(b) in the carrying on of the business by the person, a dental 25
auxiliary registrant or provisional dental auxiliary registrant 26
provides the professional services; and 27
(c) the professional services are for the category of dental auxiliary 28
registration for which the dental auxiliary registrant or 29
provisional dental auxiliary registrant is registered under this 30
Act. 31
s 15 22 s 15
Health Legislation Amendment Bill 2003
`(3) Also, subsection (1) does not apply to a person if the person-- 1
(a) is undertaking study or training in the practice of the profession 2
to obtain a qualification for dental auxiliary registration in a 3
category; and 4
(b) takes or uses a restricted dental auxiliary registrant title for the 5
category, in the course of the study or training, in conjunction 6
with words that indicate the person is a student or trainee in the 7
category. 8
`(4) A person (the "first person") must not, in relation to another person 9
who the first person knows or ought reasonably to know is not a dental 10
auxiliary registrant for a category or provisional dental auxiliary registrant 11
for a category, use a restricted dental auxiliary registrant title for the 12
category. 13
Maximum penalty--1 000 penalty units. 14
`(5) Subsection (4) does not apply if-- 15
(a) the other person is undertaking study or training in the practice of 16
the profession to obtain a qualification for dental auxiliary 17
registration in a category; and 18
(b) the first person uses a restricted dental auxiliary registrant title 19
for the category, in the course of the study or training, in 20
conjunction with words that indicate the other person is a student 21
or trainee in the category. 22
`(6) A person who is not a dental auxiliary registrant for a category or a 23
provisional dental auxiliary registrant for a category must not take or use a 24
title (other than a restricted dental auxiliary registrant title), name, initial, 25
symbol, word or description that, having regard to the circumstances in 26
which it is used, indicates or could be reasonably understood to indicate-- 27
(a) the person is a dental auxiliary for the category; or 28
(b) the person is authorised or qualified to practise the profession as 29
a dental auxiliary for the category. 30
Maximum penalty--500 penalty units. 31
`(7) A person (the "first person") must not, in relation to another person 32
who the first person knows or ought reasonably to know is not a dental 33
auxiliary registrant for a category or a provisional dental auxiliary 34
registrant for a category, use a title (other than a restricted dental auxiliary 35
registrant title), name, initial, symbol, word or description that, having 36
s 15 23 s 15
Health Legislation Amendment Bill 2003
regard to the circumstances in which it is used, indicates or could be 1
reasonably understood to indicate-- 2
(a) the other person is a dental auxiliary for the category; or 3
(b) the other person is authorised or qualified to practise the 4
profession as a dental auxiliary for the category. 5
Maximum penalty--500 penalty units. 6
`(8) This section does not apply to the taking or using of a restricted 7
dental auxiliary registrant title by or in relation to special purpose 8
registrants or provisional special purpose registrants.2 9
`140A Taking of restricted general registrant title etc. 10
`(1) A person who is not a general registrant or a provisional general 11
registrant must not take or use a restricted general registrant title. 12
Maximum penalty--1 000 penalty units. 13
`(2) Subsection (1) does not apply to a person if-- 14
(a) the person takes or uses the restricted general registrant title as 15
part of a business name for a business providing professional 16
services; and 17
(b) in the carrying on of the business by the person, a general 18
registrant or provisional general registrant provides the 19
professional services. 20
`(3) Also, subsection (1) does not apply to a person if the person-- 21
(a) is undertaking study or training in the practice of the profession 22
to obtain a qualification for general registration; and 23
(b) takes or uses a restricted general registrant title, in the course of 24
the study or training, in conjunction with words that indicate the 25
person is a student or trainee in the profession. 26
`(4) A person (the "first person") must not, in relation to another person 27
who the first person knows or ought reasonably to know is not a general 28
registrant or provisional general registrant, use a restricted general 29
registrant title. 30
2 Section 140C deals with the restriction on the use of titles by special purpose
registrants and provisional special purpose registrants.
s 15 24 s 15
Health Legislation Amendment Bill 2003
Maximum penalty--1 000 penalty units. 1
`(5) Subsection (4) does not apply if-- 2
(a) the other person is undertaking study or training in the practice of 3
the profession to obtain a qualification for general registration; 4
and 5
(b) the first person uses a restricted general registrant title, in the 6
course of the study or training, in conjunction with words that 7
indicate the other person is a student or trainee in the profession. 8
`(6) A person who is not a general registrant or a provisional general 9
registrant must not take or use a title (other than a restricted general 10
registrant title), name, initial, symbol, word or description that, having 11
regard to the circumstances in which it is used, indicates or could be 12
reasonably understood to indicate-- 13
(a) the person is a dental practitioner; or 14
(b) the person is authorised or qualified to practise the profession as 15
a general registrant. 16
Maximum penalty--500 penalty units. 17
`(7) A person (the "first person") must not, in relation to another person 18
who the first person knows or ought reasonably to know is not a general 19
registrant or provisional general registrant, use a title (other than a 20
restricted general registrant title), name, initial, symbol, word or 21
description that, having regard to the circumstances in which it is used, 22
indicates or could be reasonably understood to indicate-- 23
(a) the other person is a dental practitioner; or 24
(b) the other person is authorised or qualified to practise the 25
profession as a general registrant. 26
Maximum penalty--500 penalty units. 27
`(8) This section does not apply to the taking or using of a restricted 28
general registrant title by or in relation to special purpose registrants or 29
provisional special purpose registrants. 30
`140B Taking of restricted dental auxiliary registrant title for which 31
not registered 32
`(1) A dental auxiliary registrant or provisional dental auxiliary 33
registrant must not take or use a restricted dental auxiliary registrant title 34
s 15 25 s 15
Health Legislation Amendment Bill 2003
for a category unless the registrant is a dental auxiliary registrant or 1
provisional dental auxiliary registrant for the category. 2
Maximum penalty--1 000 penalty units. 3
`(2) Subsection (1) does not apply to a registrant if-- 4
(a) the registrant takes or uses the restricted dental auxiliary 5
registrant title for a category as part of a business name for a 6
business providing professional services; and 7
(b) in the carrying on of the business by the registrant, a dental 8
auxiliary registrant or provisional dental auxiliary registrant 9
provides the professional services; and 10
(c) the professional services are for the category of dental auxiliary 11
registration for which the dental auxiliary registrant or 12
provisional dental auxiliary registrant is registered under this 13
Act. 14
`(3) Also, subsection (1) does not apply to a registrant if the registrant-- 15
(a) is undertaking study or training in the practice of the profession 16
to obtain a qualification for dental auxiliary registration in a 17
category; and 18
(b) takes or uses a restricted dental auxiliary registrant title for the 19
category, in the course of the study or training, in conjunction 20
with words that indicate the person is a student or trainee in the 21
category. 22
`(4) This section does not apply to the taking or using of a restricted 23
dental auxiliary registrant title by or in relation to special purpose 24
registrants or provisional special purpose registrants. 25
`140C Restriction on use of titles by special purpose registrants and 26
provisional special purpose registrants 27
`(1) A person who is a special purpose registrant or provisional special 28
purpose registrant must not take or use a restricted title unless the title 29
relates to the special activity for which the registrant is registered under 30
this Act. 31
Maximum penalty--1 000 penalty units. 32
`(2) A person must not, in relation to a special purpose registrant or 33
provisional special purpose registrant, use a restricted title unless the title 34
s 16 26 s 17
Health Legislation Amendment Bill 2003
relates to the special activity for which the registrant is registered under 1
this Act. 2
Maximum penalty--1 000 penalty units. 3
`(3) A special purpose registrant or provisional special purpose 4
registrant must not take or use a title (other than a restricted title), name, 5
initial, symbol, word or description that, having regard to the 6
circumstances in which it is used, indicates or could be reasonably 7
understood to indicate the registrant is able to perform a special activity for 8
which the registrant is not registered under this Act. 9
Maximum penalty--500 penalty units. 10
`(4) A person must not, in relation to a special purpose registrant or 11
provisional special purpose registrant, take or use a title (other than a 12
restricted title), name, initial, symbol, word or description that, having 13
regard to the circumstances in which it is used, indicates or could be 14
reasonably understood to indicate the registrant is able to perform a special 15
activity for which the registrant is not registered under this Act. 16
Maximum penalty--500 penalty units.'. 17
16 Amendment of s 141 (Taking of restricted specialist title etc.)
Clause 18
Section 141(3), penalty-- 19
omit. 20
17 Amendment of s 144 (Claims by persons as to other persons'
Clause 21
registration) 22
Section 144-- 23
insert-- 24
`(1A) A person must not hold out another person as being a dental 25
auxiliary registrant if the person knows, or ought reasonably to know, the 26
other person is not a dental auxiliary registrant. 27
Maximum penalty--1 000 penalty units. 28
`(1B) A person must not hold out another person as being a dental 29
auxiliary registrant for a category if the person knows, or ought reasonably 30
to know, the other person is not a dental auxiliary registrant for the 31
category. 32
s 18 27 s 19
Health Legislation Amendment Bill 2003
Maximum penalty--1 000 penalty units. 1
`(1C) A person must not hold out another person as being a general 2
registrant if the person knows, or ought reasonably to know, the other 3
person is not a general registrant. 4
Maximum penalty--1 000 penalty units.'. 5
18 Replacement of ss 145 and 146
Clause 6
Sections 145 and 146-- 7
omit, insert-- 8
`145 Restrictions on registrants 9
`A registrant must not-- 10
(a) claim, or hold himself or herself out to be a registrant for a type 11
of registration for which he or she is not registered under this 12
Act; or 13
(b) allow himself or herself to be held out as a registrant for a type of 14
registration for which he or she is not registered under this Act; 15
or 16
(c) claim, or hold himself or herself out, to be eligible to be a 17
registrant for a type of registration for which he or she is not 18
eligible to be registered under this Act. 19
Maximum penalty--100 penalty units.'. 20
19 Amendment of s 153 (Persons may be prohibited from supplying
Clause 21
health services etc.) 22
Section 153(1)-- 23
omit, insert-- 24
s 20 28 s 22
Health Legislation Amendment Bill 2003
`(1) This section applies if a person is convicted of an offence against 1
section 140, 140A, 140B, 141, 143, 144, 150(1)(a), (2) or (3), 152(1) or 2
156.3'. 3
20 Amendment of s 154 (Injunctions)
Clause 4
Section 154(1)(b), `140'-- 5
omit, insert-- 6
`140, 140A, 140B'. 7
21 Amendment of s 201 (Powers of court on appeal)
Clause 8
Section 201(4)(b), `or specialist registration'-- 9
omit, insert-- 10
`, specialist registration or dental auxiliary registration'. 11
22 Amendment of s 215 (Register to be kept)
Clause 12
(1) Section 215(3)(c)-- 13
omit, insert-- 14
`(c) whether the registrant is a general registrant, provisional general 15
registrant, specialist registrant, provisional specialist registrant, 16
dental auxiliary registrant, provisional dental auxiliary registrant, 17
special purpose registrant or provisional special purpose 18
registrant;'. 19
(2) Section 215(3)-- 20
insert-- 21
`(fa) if the registrant is a dental auxiliary registrant--the category or 22
categories in which the registrant is registered under this Act;'. 23
3 Section 140 (Taking of restricted dental auxiliary registrant title etc.), 140A (Taking
of restricted general registrant title etc.), 140B (Taking of restricted dental auxiliary
registrant title for which not registered), 141 (Taking of restricted specialist title
etc.), 143 (Claims by persons as to registration), 144 (Claims by persons as to other
persons' registration), 150 (Obligations of advertisers), 152 (Aiding, abetting etc.
conduct that is a ground for disciplinary action) or 156 (Offence for taking reprisal)
s 23 29 s 24
Health Legislation Amendment Bill 2003
23 Amendment of s 223 (Health records of persons convicted of an
Clause 1
offence against s 140(1) or (6), 141(1) or 143) 2
(1) Section 223, heading, `141(1)'-- 3
omit, insert-- 4
`140A(1) or (6), 140B(1), 141(1)'. 5
(2) Section 223(1)-- 6
omit, insert-- 7
`(1) This section applies to a person who is convicted of an offence 8
against section 140(1) or (6), 140A(1) or (6), 140B(1), 141(1) or 143.4'. 9
24 Amendment of s 230 (Deemed general or specialist registration of
Clause 10
visiting practitioners) 11
(1) Section 230, heading, `general or specialist'-- 12
omit. 13
(2) Section 230(2)-- 14
insert-- 15
`(c) if the practitioner's registration under an interstate law is 16
equivalent to dental auxiliary registration under this Act--a 17
dental auxiliary registrant.'. 18
(3) Section 230(3) and (4), `general or specialist'-- 19
omit, insert-- 20
`general, specialist or dental auxiliary'. 21
4 Section 140 (Taking of restricted dental auxiliary registrant title etc.), 140A (Taking
of restricted general registrant title etc.), 140B (Taking of restricted dental auxiliary
registrant title for which not registered), 141 (Taking of restricted specialist title etc.)
or 143 (Claims by persons as to registration)
s 25 30 s 28
Health Legislation Amendment Bill 2003
25 Replacement of pt 10, div 2, hdg (Transitional provisions)
Clause 1
Part 10, division 2, heading-- 2
omit, insert-- 3
`Division 2--Transitional provisions for Dental Practitioners 4
Registration Act 2001'. 5
26 Omission of ss 262 and 263
Clause 6
Sections 262 and 263-- 7
omit. 8
27 Omission of s 264 (Training, designation and duties of operative
Clause 9
dental auxiliaries) 10
Sections 264-- 11
omit. 12
28 Insertion of new pt 10, div 4
Clause 13
After section 266-- 14
insert-- 15
`Division 4--Transitional provisions for the Health Legislation 16
Amendment Act 2003 17
`267 Appointment of eligible persons to board 18
`(1) This section applies to the first appointment of dental auxiliary 19
registrants to the Board. 20
`(2) A reference in part 2, division 2 to a dental auxiliary registrant is 21
taken to be a reference to a deemed registrant. 22
`(3) Subsection (4) applies if a deemed registrant appointed under this 23
section does not become a dental auxiliary registrant within 6 months of 24
the commencement of the Health Legislation Amendment Act 2003, 25
section 12. 26
`(4) The deemed registrant is taken to have vacated the deemed 27
registrant's membership of the board. 28
s 29 31 s 29
Health Legislation Amendment Bill 2003
`(5) In this section-- 1
"deemed registrant" means a person who has the qualifications or 2
experience as a dental auxiliary registrant that would, in the Minister's 3
opinion, make the person eligible for registration in the profession as a 4
dental auxiliary registrant.'. 5
29 Insertion of new s 268
Clause 6
After section 267, as inserted by this Act-- 7
insert-- 8
`268 Transitional provision for s 263 9
`(1) This section applies to section 263 (the "relevant section") until its 10
omission by the Health Legislation Amendment Act 2003, section 26. 11
`(2) A reference in the relevant section to a registrant, does not include 12
the following-- 13
(a) a dental auxiliary registrant or provisional dental auxiliary 14
registrant; 15
(b) a special purpose registrant or provisional special purpose 16
registrant whose registration is based on a qualification as a 17
dental auxiliary. 18
`(3) Also, a reference in the relevant section to an operative dental 19
auxiliary includes the following-- 20
(a) a dental auxiliary registrant or provisional dental auxiliary 21
registrant; 22
(b) a special purpose registrant or provisional special purpose 23
registrant whose registration is based on a qualification as a 24
dental auxiliary.'. 25
s 30 32 s 30
Health Legislation Amendment Bill 2003
30 Amendment of sch 1 (Decisions for which information notices
Clause 1
must be given) 2
Schedule 1-- 3
insert-- 4
`73, as applied by Deciding to refuse to renew a dental
section 133G(1)(d) auxiliary registration
73, as applied by Deciding to refuse to restore a dental
section 133G(1)(e) auxiliary registration
74, as applied by Deciding to renew a dental auxiliary
section 133G(1)(d) registration on recency of practice
conditions and deciding the review period
applying to the conditions
74, as applied by Deciding to restore a dental auxiliary
section 133G(1)(e) registration on recency of practice
conditions and deciding the review period
applying to the conditions
86, as applied by Deciding to cancel a dental auxiliary
section 133G(1)(f) registration
94, as applied by Deciding to confirm or change conditions
section 133G(1)(g) of a dental auxiliary registration and
deciding the review period applying to the
conditions
133D Deciding to refuse to register an applicant
for dental auxiliary registration as a
dental auxiliary registrant in the category
or categories to which the application
relates
133F Deciding to register a person as a dental
auxiliary registrant on conditions and
deciding the review period applying to the
conditions'.
s 31 33 s 31
Health Legislation Amendment Bill 2003
31 Amendment of sch 4 (Dictionary)
Clause 1
(1) Schedule 4, definitions "professional service", "renewable 2
registration" and "restricted title"-- 3
omit. 4
(2) Schedule 4-- 5
insert-- 6
` "category", in relation to registration as a dental auxiliary registrant, 7
means any of the following-- 8
(a) dental therapy; 9
(b) dental hygiene; 10
(c) another category prescribed under a regulation. 11
"certificate of dental auxiliary registration" means a certificate of dental 12
auxiliary registration issued under section 52(1), as applied by 13
section 133G(1)(b). 14
"certificate of provisional dental auxiliary registration" means a 15
certificate of provisional dental auxiliary registration issued under 16
section 60(5), as applied by section 133G(1)(c). 17
"dental auxiliary" means a person qualified for dental auxiliary 18
registration in 1 or more of the following categories-- 19
(a) dental therapy; 20
(b) dental hygiene; 21
(c) another category prescribed under a regulation. 22
"dental auxiliary application fee" see section 133A(1)(c)(ii). 23
"dental auxiliary registrant" means a person registered, under part 3, as a 24
dental auxiliary registrant in a category or categories, but does not 25
include a provisional dental auxiliary registrant. 26
"dental auxiliary registration" means registration of a person as a dental 27
auxiliary registrant in a category or categories under part 3. 28
"dental auxiliary registration fee" see section 133A(1)(c)(iii). 29
"dental auxiliary registration period" see section 133G(3)(l). 30
"dental profession" includes dental auxiliaries. 31
s 31 34 s 31
Health Legislation Amendment Bill 2003
"professional service" means a dental service, including a specialist 1
dental service and a dental auxiliary service. 2
"provisional dental auxiliary registrant" means a person registered as a 3
provisional dental auxiliary registrant in a category or categories 4
under section 60, as applied by section 133G(1)(c). 5
"provisional dental auxiliary registration" means registration of a 6
person as a provisional dental auxiliary registrant in a category or 7
categories under section 60, as applied by section 133G(1)(c). 8
"renewable registration" means a general registration, specialist 9
registration, dental auxiliary registration or special purpose 10
registration. 11
"restricted title" means-- 12
(a) restricted dental auxiliary registrant title; or 13
(b) restricted general registrant title. 14
"restricted dental auxiliary registrant title" means a title that consists 15
of, or includes-- 16
(a) the words `dental therapist' or `dental hygienist'; or 17
(b) words prescribed under a regulation for a category of dental 18
auxiliary prescribed under a regulation. 19
"restricted general registrant title" means a title that consists of, or 20
includes, the words `dentist', `dental practitioner', `dental surgeon' or 21
`surgeon dentist'.'. 22
(3) Schedule 4, definition "certificate of registration", after `certificate of 23
specialist registration,'-- 24
insert-- 25
`certificate of dental auxiliary registration,'. 26
(4) Schedule 4, definition "certificate of registration", after `provisional 27
specialist registration,'-- 28
insert-- 29
`certificate of provisional dental auxiliary registration,'. 30
s 32 35 s 33
Health Legislation Amendment Bill 2003
(5) Schedule 4, definition "information notice", `general or specialist 1
registration'-- 2
omit, insert-- 3
`general, specialist or dental auxiliary registration'. 4
(6) Schedule 4, definition "information notice", paragraph (e)(ii), after 5
`57(4)'-- 6
insert-- 7
`or 133F(5).'. 8
(7) Schedule 4, definition "review period", `or specialist registration'-- 9
omit, insert-- 10
`, specialist registration or dental auxiliary registration'. 11
PART 4--AMENDMENT OF DENTAL TECHNICIANS 12
AND DENTAL PROSTHETISTS REGISTRATION 13
ACT 2001 14
32 Act amended in pt 4
Clause 15
This part amends the Dental Technicians and Dental Prosthetists 16
Registration Act 2001. 17
33 Insertion of new pt 4, div 1A
Clause 18
Part 4, before division 1-- 19
insert-- 20
`Division 1A--Restricted practice for dental prosthetic services 21
`124A Authority to practise restricted to registrants 22
`(1) A person must not provide a dental prosthetic service for payment or 23
other consideration unless the person is a dental prosthetist, dentist or 24
medical practitioner. 25
Maximum penalty--1 000 penalty units. 26
s 34 36 s 34
Health Legislation Amendment Bill 2003
`(2) A person must not employ another person to provide a dental 1
prosthetic service, unless the other person is a dental prosthetist, dentist or 2
medical practitioner. 3
Maximum penalty--100 penalty units. 4
`(3) Subsections (1) and (2) do not apply to the provision of a dental 5
prosthetic service by a person undergoing a course of training approved by 6
the board under the immediate supervision of a dental prosthetist or a 7
dentist. 8
`124B Restriction on provision of dental prosthetic services 9
`(1) A dental prosthetist must not supply and fit a partial artificial denture 10
to a person, unless-- 11
(a) a dentist or medical practitioner has certified the oral health of 12
the person is satisfactory; or 13
(b) the dental prosthetist has successfully completed an approved 14
dental prosthetics course or an approved oral pathology course. 15
Maximum penalty--100 penalty units. 16
`(2) In this section-- 17
"approved dental prosthetics course" means a course in dental 18
prosthetics declared under a regulation to be an approved dental 19
prosthetics course. 20
"approved oral pathology course" means a course in oral pathology 21
declared under a regulation to be an approved oral pathology course.'. 22
34 Replacement of pt 10, hdg (Repeal, transitional and savings
Clause 23
provisions) 24
Part 10, heading-- 25
omit, insert-- 26
`PART 10--REPEAL AND TRANSITIONAL 27
PROVISIONS'. 28
s 35 37 s 37
Health Legislation Amendment Bill 2003
35 Omission of pt 10, div 3 (Savings provisions)
Clause 1
Part 10, division 3-- 2
omit. 3
36 Amendment of sch 4 (Dictionary)
Clause 4
Schedule 4-- 5
insert-- 6
` "artificial denture" means a removable prosthesis that replaces missing 7
natural teeth but is not held in place by a dental implant or 8
intracoronal retainer or rest. 9
"dental prosthetic service" means the fitting of an artificial denture into a 10
person's healthy mouth without adjusting or altering the natural teeth 11
or tissue in the mouth. 12
"dentist" means a registrant under the Dental Practitioners Registration 13
Act 2001, other than-- 14
(a) a dental auxiliary registrant or provisional dental auxiliary 15
registrant; or 16
(b) a special purpose registrant or provisional special purpose 17
registrant whose registration is based on a qualification as a 18
dental auxiliary. 19
"healthy mouth" means a mouth and temporo-mandibular joint that are 20
free of disease, damage or abnormality.'. 21
PART 5--AMENDMENT OF HEALTH ACT 1937 22
37 Act amended in pt 5
Clause 23
This part amends the Health Act 1937. 24
s 38 38 s 42
Health Legislation Amendment Bill 2003
38 Amendment of s 5 (Interpretation)
Clause 1
Section 5(1), definition "officer", `Governor in Council'-- 2
omit, insert-- 3
`chief executive'. 4
39 Amendment of s 27 (Appointment of officers)
Clause 5
Section 27, `Governor in Council'-- 6
omit, insert-- 7
`chief executive'. 8
40 Amendment of s 27B (Rules as to competency of officers)
Clause 9
Section 27B(1), `Governor in Council'-- 10
omit, insert-- 11
`chief executive'. 12
PART 6--AMENDMENT OF HEALTH PRACTITIONERS 13
(PROFESSIONAL STANDARDS) ACT 1999 14
41 Act amended in pt 6
Clause 15
This part amends the Health Practitioners (Professional Standards) Act 16
1999. 17
42 Insertion of new pt 2, div 3, sdiv 1A
Clause 18
Part 2, division 3, before subdivision 1-- 19
insert-- 20
s 43 39 s 45
Health Legislation Amendment Bill 2003
`Subdivision 1A--Preliminary 1
`13A Definitions for div 3 2
`In this division-- 3
"category" means the category for which a dental auxiliary is registered in 4
the dental profession under the Dental Practitioners Registration Act 5
2001. 6
"dental auxiliary" see the Dental Practitioners Registration Act 2001, 7
schedule 4. 8
"dental profession" see the Dental Practitioners Registration Act 2001, 9
schedule 4.'. 10
43 Amendment of s 18 (Restrictions on membership of panel)
Clause 11
Section 18-- 12
insert-- 13
`(1A) Also, if the registrant is a dental auxiliary registrant, the members 14
of the panel mentioned in section 17(2)(a) or (d)(ii) must be registrants for 15
the category of dental auxiliary registration to which the disciplinary 16
proceedings relate.'. 17
44 Amendment of s 39 (Panels of assessors)
Clause 18
Section 39(b)(ii)-- 19
omit, insert-- 20
`(ii) a dentists or dental auxiliaries panel of assessors;'. 21
45 Amendment of s 245 (Notification of decision of tribunal)
Clause 22
Section 245(4)-- 23
omit, insert-- 24
`(4) The decision takes effect on the day the tribunal makes its decision 25
or, if the tribunal's decision is to take effect on a later day, on the later day. 26
`(5) If the registrant or the registrant's representative is not present when 27
the tribunal makes its decision, the decision takes effect on the later of-- 28
s 46 40 s 49
Health Legislation Amendment Bill 2003
(a) the day the notice is given to the registrant; or 1
(b) the day of effect stated in the notice.'. 2
46 Amendment of s 251 (Tribunal must give notice)
Clause 3
Section 251(3)-- 4
omit, insert-- 5
`(3) The decision takes effect on the day the tribunal makes its decision 6
or, if the tribunal's decision is to take effect on a later day, on the later day. 7
`(4) If the registrant or the registrant's representative is not present when 8
the tribunal makes its decision, the decision takes effect on the later of-- 9
(a) the day the notice is given to the registrant; or 10
(b) the day of effect stated in the notice.'. 11
47 Amendment of s 383 (Board to give notice to commissioner at end
Clause 12
of dealing with complaint) 13
Section 383(1)(b), from `section 74(6)'-- 14
omit, insert-- 15
`section 74(6), 77(3) or 85(8), advised the registrant's board that the 16
commissioner intends to conciliate, or continue to conciliate, the 17
complaint.'. 18
48 Amendment of schedule (Dictionary)
Clause 19
Schedule, definition "health service provider", `school'-- 20
omit. 21
PART 7--AMENDMENT OF HEALTH RIGHTS 22
COMMISSION ACT 1991 23
49 Act amended in pt 7
Clause 24
This part amends the Health Rights Commission Act 1991. 25
s 50 41 s 51
Health Legislation Amendment Bill 2003
50 Amendment of s 79 (Decisions not to take action)
Clause 1
Section 79(10)-- 2
omit, insert-- 3
`(10) The commissioner may decide not to take action on a health 4
service complaint if the complaint has been conciliated.'. 5
51 Amendment of s 85 (Public interest)
Clause 6
Section 85-- 7
insert-- 8
`(5) On receiving a report under subsection (4) or otherwise becoming 9
aware of an issue involving the public interest, the commissioner may-- 10
(a) for a complaint about a registered provider--refer it to the 11
registered provider's registration board or another entity; or 12
(b) for a complaint about a provider other than a registered 13
provider--investigate it under part 7 or refer it to another entity. 14
`(6) The commissioner must not refer a health service complaint to a 15
registration board or another entity without first consulting the registration 16
board or other entity. 17
`(7) A consultation under subsection (6) may be in the form of a standing 18
arrangement between the commissioner and the board or may be more 19
specific. 20
`(8) If the commissioner refers a complaint to a registration board or 21
other entity, the commissioner must, at the time of the referral, advise the 22
registration board or entity if the commissioner intends to continue to 23
conciliate the complaint, or a complaint from which it was separated under 24
section 58, after the board or entity has finished dealing with it. 25
`(9) The commissioner must not continue a conciliation of a complaint 26
referred to a registration board or other entity until the board or entity gives 27
the commissioner-- 28
(a) for a registration board other than the Queensland Nursing 29
Council--a notice under the Health Practitioners (Professional 30
Standards) Act 1999, section 383; or 31
(b) for the Queensland Nursing Council--a notice under the Nursing 32
Act 1992, section 118A; or 33
s 52 42 s 52
Health Legislation Amendment Bill 2003
(c) for another entity--notice that the entity has finished dealing 1
with the complaint. 2
`(10) However, the commissioner may continue a conciliation of the 3
complaint before receiving notice from the registration board or other 4
entity that it has finished dealing with the matter if-- 5
(a) the provider has agreed to conciliation for the sole purpose of 6
arranging a financial settlement or other compensation with the 7
user; and 8
(b) if the complaint has been referred to a registration board--the 9
commissioner and the board agree that the conciliation will not 10
compromise or interfere with the board's actions in relation to 11
the complaint; and 12
(c) if the complaint has been referred to another entity--the 13
commissioner and the entity agree that the conciliation will not 14
compromise or interfere with the entity's actions in relation to 15
the complaint. 16
`(11) Subject to section 133,5 the commissioner must, within 14 days of 17
referring the complaint to the board or other entity, give written notice of 18
the referral-- 19
(a) to the provider; and 20
(b) to the complainant.'. 21
52 Amendment of s 92 (Confidentiality of conciliation)
Clause 22
Section 92-- 23
insert-- 24
`(2) Subsection (1)(b) does not apply to the discussion by a conciliator of 25
matters arising in relation to the performance of the conciliator's functions 26
with another conciliator or the commissioner.'. 27
5 Section 133 (Dispensing with notice)
s 53 43 s 56
Health Legislation Amendment Bill 2003
53 Insertion of new s 127A
Clause 1
In part 7, after section 127-- 2
insert-- 3
`127A Conciliation after investigation 4
`(1) This section applies if the commissioner considers that a matter that 5
has been the subject of an investigation under this part should be 6
conciliated under part 6. 7
`(2) The commissioner may conciliate the complaint under part 6.'. 8
PART 8--AMENDMENT OF HEALTH SERVICES 9
ACT 1991 10
54 Act amended in pt 8
Clause 11
This part amends the Health Services Act 1991. 12
55 Amendment of s 10 (Appointment of members)
Clause 13
Section 10(1)-- 14
omit, insert-- 15
`(1) A council is to consist of not more than 10 members appointed by 16
the Governor in Council.'. 17
56 Amendment of s 14 (Vacation of office)
Clause 18
Section 14(b)-- 19
omit, insert-- 20
`(b) resigns from office by signed notice of resignation given to the 21
Minister; or'. 22
s 57 44 s 59
Health Legislation Amendment Bill 2003
57 Insertion of new ss 14A and 14B
Clause 1
After section 14-- 2
insert-- 3
`14A When notice of resignation takes effect 4
`A notice of resignation under section 14(b) takes effect when the notice 5
is given to the Minister or, if a later time is stated in the notice, the later 6
time. 7
`14B Effect of vacancy in membership of council 8
`The performance of a function, or the exercise of a power, by a council 9
is not affected by a vacancy in the membership of the council.'. 10
58 Amendment pt 9, hdg (Repeals, savings and transitional
Clause 11
provisions) 12
Part 9, heading, after `SAVINGS'-- 13
insert-- 14
`, VALIDATING'. 15
59 Insertion of new pt 9, div 4
Clause 16
After part 9, division 3-- 17
insert-- 18
`Division 4--Validating provision for Health Legislation 19
Amendment Act 2003 20
`81 Validation 21
`(1) Subsection (2) applies if-- 22
(a) a council performed a function, or exercised a power, before the 23
commencement of the Health Legislation Amendment Act 2003, 24
section 55; and 25
(b) at the time of the performance of the function, or the exercise of 26
the power, the council's membership was less than the minimum 27
number required under section 10(1), as in force before the 28
s 60 45 s 61
Health Legislation Amendment Bill 2003
commencement of the Health Legislation Amendment Act 2003, 1
section 55; and 2
(c) the performance of the function, or the exercise of the power 3
would have been valid except for the council's membership being 4
less than the minimum number required. 5
`(2) The performance of the function, or the exercise of the power, is 6
taken to have been valid despite the council's membership being less than 7
the minimum number required.'. 8
PART 9--AMENDMENT OF NURSING ACT 1992 9
60 Act amended in pt 9
Clause 10
This part amends the Nursing Act 1992. 11
61 Amendment of s 4 (Definitions)
Clause 12
(1) Section 4, definitions "code of conduct" and "committee"-- 13
omit. 14
(2) Section 4-- 15
insert-- 16
` "approved code of practice" means a code of practice approved by the 17
Minister under section 101A(3). 18
"convicted", for an offence, includes a plea of guilty or a finding of guilt 19
by a court even though a conviction is not recorded. 20
"corresponding law" means a law applying in another State, the 21
Commonwealth or a foreign country that provides for the same matter 22
as this Act. 23
"criminal history", of a person, means-- 24
(a) every conviction of the person for an offence, in Queensland or 25
elsewhere, and whether before or after the commencement of this 26
Act; and 27
s 61 46 s 61
Health Legislation Amendment Bill 2003
(b) every charge made against the person for an offence, in 1
Queensland or elsewhere, and whether before or after the 2
commencement of this Act. 3
"disciplinary action" means-- 4
(a) for a nurse, midwife or other person authorised to practise 5
nursing--any action the tribunal may take at the end of 6
disciplinary proceedings; or 7
(b) for a person who was a nurse, midwife or other person authorised 8
to practise nursing, but is not a nurse, midwife or other person 9
authorised to practise nursing at the time of the tribunal's 10
decision at the end of disciplinary proceedings relating to the 11
person--a decision the tribunal may make at the end of the 12
proceedings. 13
"disciplinary matter" means a matter that may provide a ground for 14
disciplinary action to be taken, under section 104, against a person. 15
"disciplinary proceedings" means proceedings conducted by the tribunal 16
under part 5, division 4. 17
"entity acting on behalf of a user" means-- 18
(a) an entity chosen by the user to act on the user's behalf; or 19
(b) if it would be difficult or impossible for the user to choose an 20
entity to act on the user's behalf--an entity that has a sufficient 21
interest in the health or welfare of the user. 22
"foreign regulatory authority" means-- 23
(a) an interstate regulatory authority; or 24
(b) an entity established under the law applying in a foreign country, 25
other than New Zealand, having functions similar to the 26
functions of the council under this Act. 27
"ground for disciplinary action" means a ground mentioned in 28
section 104A. 29
"interstate regulatory authority" means an entity established under the 30
law of another State or New Zealand having functions similar to the 31
functions of the council under this Act. 32
s 62 47 s 63
Health Legislation Amendment Bill 2003
"Nursing Tribunal" means the professional conduct committee previously 1
established under this Act and continued in existence, under 2
section 84, under the name Nursing Tribunal. 3
"tribunal" means the Nursing Tribunal.'. 4
62 Amendment of s 7 (Council's functions)
Clause 5
(1) Section 7(f), `determine a code of conduct'-- 6
omit, insert-- 7
`develop or adopt codes of practice'. 8
(2) Section 7(m)-- 9
omit, insert-- 10
`(m) consult and cooperate with foreign regulatory authorities and 11
other relevant entities about the following-- 12
(i) nurse education; 13
(ii) nursing practice; 14
(iii) the regulation of nursing and midwifery; and 15
(n) carry out other functions conferred on it by this or another Act.'. 16
63 Amendment of s 10 (By-laws)
Clause 17
(1) Section 10(2)(c) and (r), `the committee'-- 18
omit, insert-- 19
`the tribunal'. 20
(2) Section 10(2)(y)-- 21
omit, insert-- 22
`(y) publishing reports about disciplinary proceedings.'. 23
s 64 48 s 66
Health Legislation Amendment Bill 2003
64 Amendment of s 43 (Delegation by council)
Clause 1
Section 43(2), from `any'-- 2
omit, insert-- 3
`section 10, 63, 65, 67, 69 or 104. '. 6
4
65 Amendment of s 47 (Committees of council)
Clause 5
Section 47(1), `17 (Disclosure of interests)'-- 6
omit, insert-- 7
`177'. 8
66 Amendment of s 54 (Qualifications for registration or enrolment)
Clause 9
Section 54-- 10
insert-- 11
`(3A) In deciding whether the person is competent and fit to practise 12
nursing, the council may have regard to the person's criminal history. 13
`(3B) The council may ask the commissioner of the police service for a 14
written report about the person's criminal history. 15
`(3C) If asked by the council, the commissioner of the police service 16
must give the council a written report about the person's criminal history, 17
including the criminal history in the commissioner's possession or to 18
which the commissioner has access. 19
`(3D) The Criminal Law (Rehabilitation of Offenders) Act 1986 does not 20
apply to the asking for, or giving of, the report.'. 21
6 Section 10 (By-laws), 63 (Provisional registration or enrolment), 65 (Limited
registration or enrolment), 67 (Immediate suspension of registration or enrolment by
council), 69 (Review of suspension for health reasons) or 104 (Referral of charge to
tribunal)
7 Section 17 (Disclosure of interests)
s 67 49 s 69
Health Legislation Amendment Bill 2003
67 Amendment of s 55 (Application for registration or enrolment)
Clause 1
Section 55-- 2
insert-- 3
`(2) The approved form may require the disclosure of the applicant's 4
criminal history. 5
`(3) If the approved form requires the disclosure of the applicant's 6
criminal history, the Criminal Law (Rehabilitation of Offenders) Act 1986 7
does not apply to the disclosure.'. 8
68 Amendment of s 64 (Temporary registration)
Clause 9
(1) Section 64(1)(c)(ii)(B), `nursing;'-- 10
omit, insert-- 11
`nursing; and' 12
(2) Section 64(1)(c)-- 13
insert-- 14
`(iii) the person is a suitable person to be temporarily registered 15
as a registered nurse;'. 16
(3) Section 64-- 17
insert-- 18
`(1A) The approved form may require the disclosure of the person's 19
criminal history. 20
`(1B) If the approved form requires the disclosure of the person's 21
criminal history, the Criminal Law (Rehabilitation of Offenders) Act 1986 22
does not apply to the disclosure.'. 23
69 Insertion of new s 64A
Clause 24
After section 64-- 25
insert-- 26
`64A Suitability to be temporarily registered 27
`(1) In deciding whether a person is a suitable person to be temporarily 28
registered as a registered nurse, the council may have regard to the 29
following-- 30
s 70 50 s 71
Health Legislation Amendment Bill 2003
(a) the person's criminal history; 1
(b) any other issue relevant to the person's ability to undertake the 2
activity the subject of the application. 3
`(2) The council may ask the commissioner of the police service for a 4
written report about the person's criminal history. 5
`(3) If asked by the council, the commissioner of the police service must 6
give the council a written report about the person's criminal history, 7
including the criminal history in the commissioner's possession or to 8
which the commissioner has access. 9
`(4) The Criminal Law (Rehabilitation of Offenders) Act 1986 does not 10
apply to the asking for, or giving of, the report.'. 11
70 Amendment of s 65 (Limited registration or enrolment)
Clause 12
(1) Section 65(1)(b) and (6), `Professional Conduct Committee'-- 13
omit, insert-- 14
`tribunal'. 15
(2) Section 65(2)(b), `committee's'-- 16
omit, insert-- 17
`tribunal's'. 18
(3) Section 65(8), `committee'-- 19
omit, insert-- 20
`tribunal'. 21
71 Amendment of s 66 (Concerns about condition of applicants and
Clause 22
nurses) 23
(1) Section 66-- 24
insert-- 25
`(2A) The council must as soon as practicable give the commissioner 26
written notice of a referral, under subsection (2), about a registered or 27
enrolled nurse.'. 28
s 72 51 s 72
Health Legislation Amendment Bill 2003
(2) Section 66-- 1
insert-- 2
`(2B) If, under subsection (2), the council refers an applicant for 3
registration or enrolment to the panel for assessment-- 4
(a) the council may disclose the applicant's criminal history to the 5
panel if the council considers it relevant to the assessment; and 6
(b) the Criminal Law (Rehabilitation of Offenders) Act 1986 does 7
not apply to the disclosure.'. 8
(3) Section 66-- 9
insert-- 10
`(7) Also, the council must as soon as practicable give the commissioner 11
written notice of-- 12
(a) any recommendation made under subsection (5) about the 13
person; and 14
(b) what action, if any, it decides to take in response to the 15
recommendation.'. 16
72 Amendment of s 67 (Immediate suspension of registration or
Clause 17
enrolment by council) 18
(1) Section 67(1) and (4), after `nurse's conduct'-- 19
insert-- 20
`or practice'. 21
(2) Section 67-- 22
insert-- 23
`(3A) Also, the council must as soon as practicable give the 24
commissioner written notice of the suspension, stating the reasons for the 25
suspension.'. 26
(3) Section 67(5)(b), from `, alleging' to `conduct'-- 27
omit, insert-- 28
`on the basis that there may be a ground for disciplinary action to be 29
taken against the nurse'. 30
s 73 52 s 75
Health Legislation Amendment Bill 2003
(4) Section 67(6)-- 1
omit, insert-- 2
`(6) If a charge is preferred under subsection (5), the suspension applies 3
until the determination of the matter referred to the tribunal for hearing and 4
determination under section 104(1A).8'. 5
73 Amendment of s 68 (Immediate suspension of registration or
Clause 6
enrolment by executive officer) 7
Section 68(3)-- 8
omit, insert-- 9
`(3) The executive officer must as soon as practicable give the nurse and 10
commissioner written notice of the suspension, stating the reasons for the 11
suspension.'. 12
74 Amendment of s 77 (Authorisation to practise)
Clause 13
(1) Section 77(1), after `competencies'-- 14
insert-- 15
`and the council is satisfied the person is a suitable person to practise 16
midwifery.'. 17
(2) Section 77(4)-- 18
omit, insert-- 19
`(4) A person who is not a nurse may be authorised by the council to 20
practise nursing subject to any conditions imposed by the council if the 21
council is satisfied the person is a suitable person to practise nursing.'. 22
75 Insertion of new s 77A
Clause 23
Part 3, division 5, after section 77-- 24
insert-- 25
8 Section 104 (Referral of charge to tribunal)
s 76 53 s 77
Health Legislation Amendment Bill 2003
`77A Suitability to practise midwifery or nursing 1
`(1) This section applies for the purpose of the council deciding 2
whether-- 3
(a) a person is a suitable person to practise midwifery under 4
section 77(1); or 5
(b) a person is a suitable person to practise nursing under 6
section 77(4). 7
`(2) The council may have regard to the following-- 8
(a) the person's criminal history; 9
(b) any other issue relevant to the person's ability to practise 10
midwifery or nursing. 11
`(3) The council may-- 12
(a) ask the person for details of the person's criminal history; or 13
(b) ask the commissioner of the police service for a written report 14
about the person's criminal history. 15
`(4) If asked by the council, the commissioner of the police service must 16
give the council a written report about the person's criminal history, 17
including the criminal history in the commissioner's possession or to 18
which the commissioner has access. 19
`(5) The Criminal Law (Rehabilitation of Offenders) Act 1986 does not 20
apply to the asking for, or giving of, the details or report.'. 21
76 Replacement of pt 5, div 1, hdg (Professional Conduct Committee)
Clause 22
Part 5, division 1, heading-- 23
omit, insert-- 24
`Division 1--Nursing Tribunal'. 25
77 Replacement of s 84 (Professional Conduct Committee)
Clause 26
Section 84-- 27
omit, insert-- 28
s 78 54 s 81
Health Legislation Amendment Bill 2003
`84 Continuation of Professional Conduct Committee under the 1
name Nursing Tribunal 2
`The entity named Professional Conduct Committee is continued in 3
existence under the name Nursing Tribunal.'. 4
78 Amendment of s 85 (Committee's functions)
Clause 5
(1) Section 85, heading, `Committee's'-- 6
omit, insert-- 7
`Tribunal's'. 8
(2) Section 85, `committee'-- 9
omit, insert-- 10
`tribunal'. 11
(3) Section 85(b), from `whether' to `conduct'-- 12
omit, insert-- 13
`about whether a ground for disciplinary action is established'. 14
79 Replacement of pt 5, div 2, hdg (Code of conduct)
Clause 15
Part 5, division 2, heading-- 16
omit, insert-- 17
`Division 2--When part does not apply'. 18
80 Omission of ss 99 and 100
Clause 19
Sections 99 and 100-- 20
omit. 21
81 Insertion of new pt 5, div 2A
Clause 22
After section 101-- 23
insert-- 24
s 81 55 s 81
Health Legislation Amendment Bill 2003
`Division 2A--Codes of practice 1
`101A Council may develop or adopt code of practice 2
`(1) The council may develop a code of practice, or adopt another 3
entity's code of practice, to provide guidance for nurses, midwives and 4
other persons authorised to practise nursing as to appropriate professional 5
conduct or nursing practice. 6
`(2) In developing or amending a code of practice, or before adopting a 7
code of practice, the council must consult with-- 8
(a) the commissioner; and 9
(b) community groups and other entities in the State that the council 10
considers have an interest in consumer health issues; and 11
(c) professional associations in the State that the council considers 12
are representative of nurses, midwives or other persons 13
authorised to practise nursing; and 14
(d) universities and training institutions, established in Queensland, 15
that are engaged in nurse education; and 16
(e) professional colleges established in Australia that the council 17
considers are relevant to nurses, midwives or other persons 18
authorised to practise nursing; and 19
(f) any other entity the Minister directs the council to consult with. 20
`(3) A code of practice, or an amendment of a code of practice, has no 21
effect until it is approved by the Minister by gazette notice. 22
`(4) The council must review its approved codes of practice on a regular 23
basis. 24
`101B Inspection of approved codes of practice etc. 25
`(1) The executive officer must keep copies of approved codes of 26
practice available for inspection at the council's office by members of the 27
public during ordinary office hours. 28
`(2) Also, the council must ensure that nurses, midwives and other 29
persons authorised to practise nursing are notified of the approval of a code 30
of practice and any amendment of the code. 31
s 82 56 s 83
Health Legislation Amendment Bill 2003
`101C Use of approved code of practice in disciplinary proceedings 1
`(1) An approved code of practice is admissible as evidence in 2
disciplinary proceedings brought by the council against a nurse, midwife or 3
other person authorised to practise nursing. 4
`(2) The code may only be used to provide evidence, in the disciplinary 5
proceedings, of appropriate professional conduct or nursing practice.'. 6
82 Replacement of pt 5, div 3, hdg (Contraventions of code of
Clause 7
conduct) 8
Part 5, division 3, heading-- 9
omit, insert-- 10
`Division 3--Complaints and investigations'. 11
83 Replacement of s 102 (Complaints concerning conduct)
Clause 12
Section 102-- 13
omit, insert-- 14
`102 Who may make complaint about nurse, midwife or other person 15
authorised to practise nursing 16
`A complaint about a nurse, midwife or another person authorised to 17
practise nursing (the "other person") may be made by any entity, 18
including, for example-- 19
(a) the user of a service provided by the nurse, midwife or other 20
person; or 21
(b) an entity acting on behalf of the user of a service provided by the 22
nurse, midwife or other person; or 23
(c) another nurse, midwife or other person; or 24
(d) the chief executive; or 25
(e) the Minister; or 26
(f) a foreign regulatory authority. 27
s 83 57 s 83
Health Legislation Amendment Bill 2003
`102AA Grounds for complaint 1
`(1) An entity may complain about a relevant person by complaining to 2
the council about any aspect of the relevant person's conduct or practice, or 3
another matter relating to the relevant person, that appears to provide a 4
ground for disciplinary action against the relevant person. 5
`(2) Also, a complaint may be made about a matter for which a 6
complaint could be made under the Health Rights Commission Act 1991, 7
section 57.9 8
`(3) In this section-- 9
"relevant person" means a nurse, midwife or other person authorised to 10
practise nursing. 11
`102AB How complaint is made 12
`A complaint to the council about a nurse, midwife or other person 13
authorised to practise nursing must be in writing and contain particulars of 14
the allegation on which it is based. 15
`102AC Entity making complaint to reveal identity 16
`(1) An entity making a complaint about a relevant person must give the 17
council-- 18
(a) the entity's name and address; and 19
(b) any other information relating to the entity's identity that the 20
council reasonably requires. 21
`(2) However, the council may accept a complaint from a complainant 22
who does not comply with subsection (1) if the council reasonably believes 23
it is in the public interest to do so. 24
`(3) If the council accepts a complaint under subsection (2), the council 25
must provide the relevant person with written notice of its reasons for 26
accepting the complaint. 27
`(4) In this section-- 28
"relevant person" means a nurse, midwife or other person authorised to 29
practise nursing.'. 30
9 Health Rights Commission Act 1991, section 57 (Health service complaint)
s 84 58 s 85
Health Legislation Amendment Bill 2003
84 Amendment of s 102A (Action by council on receipt of complaint
Clause 1
about conduct) 2
(1) Section 102A, heading, `about conduct'-- 3
omit. 4
(2) Section 102A(1), `the conduct of'-- 5
omit. 6
(3) Section 102A(2), from `by a' to `representative'-- 7
omit, insert-- 8
`a user complaint'. 9
(3) Section 102A(3), from `by a' to `representative'-- 10
omit, insert-- 11
`not a user complaint'. 12
(4) Section 102A(4), from `from' to `representative'-- 13
omit, insert-- 14
`not a user complaint'. 15
(5) Section 102A-- 16
insert-- 17
`(6) In this section-- 18
"user complaint" means a complaint by-- 19
(a) a user of a service provided by a nurse, midwife or other person 20
authorised to practise nursing; or 21
(b) a representative of a user mentioned in paragraph (a).'. 22
85 Amendment of s 102C (Investigation to be undertaken by council)
Clause 23
(1) Section 102C(2), from `conduct an'-- 24
omit, insert-- 25
`investigate a relevant person if it reasonably believes an aspect of the 26
relevant person's conduct or practice, or another matter relating to the 27
relevant person, may provide a ground for disciplinary action against the 28
relevant person.'. 29
s 86 59 s 87
Health Legislation Amendment Bill 2003
(2) Section 102C-- 1
insert-- 2
`(3) In this section-- 3
"relevant person" means a nurse, midwife or other person authorised to 4
practise nursing.'. 5
86 Amendment of s 102D (Action may be taken in relation to former
Clause 6
nurses etc.) 7
Section 102D, from `ground' to `have'-- 8
omit, insert-- 9
`basis that there may be a ground for disciplinary action to be taken 10
against the person in relation to something that'. 11
87 Amendment of s 103 (Investigation by council)
Clause 12
(1) Section 103(1), from `if an investigation' to `person's conduct'-- 13
omit, insert-- 14
`if a person is to be investigated'. 15
(2) Section 103(1)(a), `102'-- 16
omit, insert-- 17
`102AA'. 18
(3) Section 103(1)(d), from `that an' to `conduct of'-- 19
omit, insert-- 20
`to investigate'. 21
(4) Section 103(5)(a), from `of findings'-- 22
omit, insert-- 23
`of-- 24
(i) findings about the complaint or other matter the subject of 25
the investigation; and 26
(ii) opinions based on the findings; and'. 27
s 88 60 s 90
Health Legislation Amendment Bill 2003
88 Amendment of s 103A (Council to keep commissioner informed
Clause 1
about investigation) 2
Section 103A(5), after `complaint'-- 3
insert-- 4
`or other matter the subject of the investigation'. 5
89 Amendment of s 104 (Referral of charge to Professional
Clause 6
Conduct Committee) 7
(1) Section 104, heading, `Professional Conduct Committee'-- 8
omit, insert-- 9
`tribunal'. 10
(2) Section 104(1)-- 11
omit, insert-- 12
`(1) The council may prefer a charge against a person and refer it to the 13
tribunal if the council reasonably believes a disciplinary matter exists in 14
relation to the person.'. 15
(3) Section 104(1A) and (3), `committee'-- 16
omit, insert-- 17
`tribunal'. 18
(4) Section 104(2), from `committee'-- 19
omit, insert-- 20
`tribunal and the person of the ground for disciplinary action that is the 21
basis of the charge.'. 22
90 Insertion of new pt 5, div 3A
Clause 23
After section 104-- 24
insert-- 25
s 90 61 s 90
Health Legislation Amendment Bill 2003
`Division 3A--Grounds for disciplinary action 1
`104A Grounds 2
`(1) Each of the following is a ground for disciplinary action against a 3
relevant person-- 4
(a) the relevant person has behaved in a way that constitutes 5
unsatisfactory professional conduct; 6
(b) the relevant person has failed to comply with a condition of 7
practice imposed under this Act; 8
(c) the relevant person has failed to comply with a lawful demand of 9
the council, executive officer or tribunal, or an inspector or 10
another entity authorised to make the demand under this Act; 11
(d) the relevant person does not meet, or no longer meets, the 12
requirements to be a nurse, midwife or other person authorised to 13
practise nursing; 14
(e) the relevant person has failed to comply with a provision of this 15
Act; 16
(f) the relevant person has been convicted of an offence against an 17
Act of the State, the Commonwealth or another State related to 18
nursing practice; 19
(g) the relevant person has been convicted of an indictable offence. 20
`(2) Also, if a relevant person is impaired, the relevant person's 21
impairment is taken to be a ground for disciplinary action against the 22
relevant person. 23
`(3) In this section-- 24
"authorised person" means a person authorised to practise nursing under 25
section 77(2), (3) or (4). 26
"impairment", of a relevant person, means the relevant person has a 27
physical or mental impairment, disability, condition or disorder that 28
detrimentally affects, or is likely to detrimentally affect, the relevant 29
person's physical or mental capacity for nursing practice and includes 30
substance abuse or dependence. 31
"relevant person" means a nurse, midwife or authorised person. 32
"unsatisfactory professional conduct", for a relevant person, includes the 33
following-- 34
s 91 62 s 92
Health Legislation Amendment Bill 2003
(a) professional conduct that is of a lesser standard than that which 1
might reasonably be expected of the relevant person by the 2
public or the relevant person's professional peers; 3
(b) professional conduct that demonstrates incompetence, or a lack 4
of adequate knowledge, skill, judgment or care, in nursing 5
practice; 6
(c) infamous conduct in a professional respect; 7
(d) misconduct in a professional respect; 8
(e) conduct discreditable to the nursing profession; 9
(f) providing a person with health services of a kind that are 10
excessive, unnecessary or not reasonably required for the 11
person's wellbeing; 12
(g) influencing, or attempting to influence, the conduct of another 13
nurse, midwife or authorised person in a way that may 14
compromise patient care; 15
(h) fraudulent or dishonest behaviour in nursing practice.'. 16
91 Replacement of pt 5, div 4, hdg (Professional Conduct Committee
Clause 17
proceedings) 18
Part 5, division 4, heading-- 19
omit, insert-- 20
`Division 4--Tribunal proceedings'. 21
92 Amendment of s 116 (Action by committee)
Clause 22
(1) Section 116, `committee'-- 23
omit, insert-- 24
`tribunal'. 25
(2) Section 116(1), from `finds' to `proved'-- 26
omit, insert-- 27
`decides a ground for disciplinary action against the person is 28
established'. 29
s 93 63 s 94
Health Legislation Amendment Bill 2003
(3) Section 116(3), from `a charge' to `proved'-- 1
omit, insert-- 2
`a charge against a person, the tribunal decides a ground for disciplinary 3
action against the person is not established'. 4
(4) Section 116(4)-- 5
omit, insert-- 6
`(4) The tribunal may make any order about costs it considers 7
appropriate to a maximum amount equivalent to 135 penalty units.'. 8
93 Amendment of s 118A (Council to give notice to commissioner at
Clause 9
end of dealing with matter) 10
(1) Section 118A(1)(a), `a professional conduct committee'-- 11
omit, insert-- 12
`tribunal'. 13
(2) Section 118A(1)(b), from `section 74'-- 14
omit, insert-- 15
`section 74, 77(3) or 85(8) that the commissioner intends to conciliate, 16
or continue to conciliate, the complaint.'. 17
(2) Section 118A(2), `professional conduct committee'-- 18
omit, insert-- 19
`tribunal'. 20
94 Insertion of new pt 5, div 6
Clause 21
After section 121-- 22
insert-- 23
`Division 6--Other matters 24
`121A Aiding, abetting etc. conduct that is a ground for disciplinary 25
action 26
`(1) A person (the "first person") must not aid, abet, counsel, procure or 27
induce a nurse, midwife or other person authorised to practise nursing to 28
s 95 64 s 96
Health Legislation Amendment Bill 2003
engage in conduct the first person is aware, or ought reasonably be aware, 1
is conduct forming the basis for a ground for disciplinary action. 2
Maximum penalty--1 000 penalty units. 3
`(2) To remove doubt, it is declared that a nurse, midwife or other person 4
authorised to practise nursing may be induced by threats or promises.'. 5
95 Amendment of s 129 (Entry and search--evidence of offences)
Clause 6
Section 129(2)(b)(ii)-- 7
omit, insert-- 8
`(ii) if a proceeding for an offence against this Act involving the 9
the evidence is started within 6 months after its 10
seizure--until the end of the proceeding and any appeal 11
from the proceeding; or 12
(iii) if disciplinary proceedings involving the evidence are 13
started within 6 months after its seizure--until the end of 14
the proceedings and any appeal from the proceedings; and'. 15
96 Amendment of s 133 (Inspector may require name and address)
Clause 16
(1) Section 133(1)(a), `or a contravention of a code of conduct'-- 17
omit. 18
(2) Section 133(1)(b), `has contravened a code of conduct'-- 19
omit, insert-- 20
`a disciplinary matter exists in relation to the person'. 21
(3) Section 133(6)(a), `having contravened a code of conduct'-- 22
omit, insert-- 23
`a disciplinary matter existing in relation to a person'. 24
(4) Section 133(6)(b), `to have contravened the code of conduct'-- 25
omit, insert-- 26
`a ground for disciplinary action against the person is not established'. 27
s 97 65 s 100
Health Legislation Amendment Bill 2003
97 Amendment of pt 7, div 3, hdg (Investigation of complaints
Clause 1
relating to code of conduct) 2
Part 7, division 3, heading, `of complaints relating to code of 3
conduct'-- 4
omit, insert-- 5
`under section 103'. 6
98 Amendment of s 136 (Powers of inspectors)
Clause 7
Section 136(2), from `if a reference'-- 8
omit, insert-- 9
`if-- 10
(a) a reference to evidence of an offence against this Act were a 11
reference to evidence about a disciplinary matter; and 12
(b) a reference to a proceeding for an offence against this Act were a 13
reference to disciplinary proceedings.'. 14
99 Amendment of s 137 (Appeals)
Clause 15
(1) Section 137(1)(c) and (3)(c), `committee'-- 16
omit, insert-- 17
`tribunal'. 18
(2) Section 137(10)-- 19
omit, insert-- 20
`(10) The judge may make any order about the costs of the appeal the 21
judge considers appropriate.'. 22
100 Amendment of s 138 (Holders of office to act honestly and with
Clause 23
propriety) 24
(1) Section 138(1), definition "person to whom this section applies", 25
paragraph (b), `committee'-- 26
omit, insert-- 27
`tribunal'. 28
s 101 66 s 102
Health Legislation Amendment Bill 2003
(2) Section 138(3)(b) and (4)(b), `the committee'-- 1
omit, insert-- 2
`the tribunal'. 3
101 Amendment of s 139 (Confidentiality of documents and
Clause 4
information) 5
(1) Section 139(1), definition "person to whom this section applies", 6
paragraph (b), `committee'-- 7
omit, insert-- 8
`tribunal'. 9
(2) Section 139-- 10
insert-- 11
`(2A) A person to whom this section applies may disclose a protected 12
document or protected information to a foreign regulatory authority if the 13
disclosure is necessary for the authority to perform its functions.'. 14
102 Insertion of new ss 140A140C
Clause 15
After section 140-- 16
insert-- 17
`140A Notice of certain convictions to be given to council 18
`(1) This section applies if a relevant person-- 19
(a) is convicted of an indictable offence; or 20
(b) is convicted of an offence against a corresponding law. 21
`(2) The relevant person must, within 30 days after the conviction, give 22
the council notice of the conviction. 23
Maximum penalty--50 penalty units. 24
`(3) The notice must be in the approved form. 25
`(4) Information in the notice must, if the approved form requires, be 26
verified by a statutory declaration. 27
s 102 67 s 102
Health Legislation Amendment Bill 2003
`(5) In this section-- 1
"relevant person" means a nurse, midwife or other person authorised to 2
practise nursing. 3
`140B Notice of certain judgments and settlements to be given to 4
council 5
`(1) This section applies if-- 6
(a) a relevant person is a party to proceedings in a court, brought by 7
another party against the relevant person, claiming damages or 8
other compensation for alleged negligence by the relevant person 9
in the practice of nursing; and 10
(b) there is-- 11
(i) a judgment in relation to the proceedings; or 12
(ii) a settlement of the proceedings, or part of the proceedings. 13
`(2) The relevant person must give the council notice of the judgment or 14
settlement within 30 days after the date of the judgment or settlement. 15
Maximum penalty--50 penalty units. 16
`(3) The notice must be in the approved form. 17
`(4) Information in the notice must, if the approved form requires, be 18
verified by a statutory declaration. 19
`(5) To remove doubt, it is declared that subsections (2) and (3) apply 20
despite any agreement entered into by the parties to the settlement. 21
`(6) Subsection (2) does not apply to a settlement of proceedings under 22
an agreement reached in conciliation under the Health Rights Commission 23
Act 1991, part 610 or a relevant interstate law. 24
`(7) In this section-- 25
"relevant interstate law" means a law of another State that provides for 26
the same matter as the Health Rights Commission Act 1991, part 6. 27
"relevant person" means a nurse, midwife or other person authorised to 28
practise nursing. 29
10 Health Rights Commission Act 1991, part 6 (Conciliation)
s 103 68 s 103
Health Legislation Amendment Bill 2003
`140C Notice about certain events to be given to council 1
`(1) This section applies if-- 2
(a) a relevant person is also registered, enrolled or authorised to 3
practise under a corresponding law; and 4
(b) after the relevant person becomes a nurse, midwife or other 5
person authorised to practise nursing, the relevant person's 6
registration, enrolment or authorisation under the corresponding 7
law is affected by disciplinary action or is otherwise cancelled, 8
suspended or made subject to a condition or undertaking (the 9
"relevant action"). 10
`(2) The relevant person must, within 30 days after the registration, 11
enrolment or authorisation is affected by the relevant action, give the 12
council notice about the relevant action. 13
Maximum penalty--50 penalty units. 14
`(3) The notice must be in the approved form. 15
`(4) Information in the notice must, if the approved form requires, be 16
verified by a statutory declaration. 17
`(5) In this section-- 18
"relevant person" means a nurse, midwife or other person authorised to 19
practise nursing.'. 20
103 Insertion of new pt 9, div 4
Clause 21
After section 153-- 22
insert-- 23
`Division 4--Provision for Health Legislation Amendment Act 2003 24
`154 Continuation of Professional Conduct Committee under the 25
name Nursing Tribunal 26
`The continuation in existence of the entity named Professional Conduct 27
Committee under the name Nursing Tribunal, under section 84, does not 28
affect anything done by or in relation to the entity before the 29
commencement of this section.'. 30
s 104 69 s 107
Health Legislation Amendment Bill 2003
PART 10--AMENDMENT OF OPTOMETRISTS 1
REGISTRATION ACT 2001 2
104 Act amended in pt 10
Clause 3
This part amends the Optometrists Registration Act 2001. 4
105 Insertion of new pt 4, div 1A
Clause 5
Part 4, before division 1-- 6
insert-- 7
`Division 1A--Restricted core practice 8
`120A Restriction 9
`(1) A person who is not a registrant or medical practitioner must not 10
prescribe an optical appliance for a person. 11
Maximum penalty--1 000 penalty units. 12
`(2) In this section-- 13
"optical appliance" means spectacles, contact lenses or another appliance 14
for correcting, remedying or relieving a defect of sight.'. 15
106 Replacement of pt 10, hdg (Repeal, transitional and savings
Clause 16
provisions) 17
Part 10, heading-- 18
omit, insert-- 19
`PART 10--REPEAL AND TRANSITIONAL 20
PROVISIONS'. 21
107 Omission of pt 10, div 3 (Savings provisions)
Clause 22
Part 10, division 3-- 23
omit. 24
s 108 70 s 112
Health Legislation Amendment Bill 2003
PART 11--AMENDMENT OF PHYSIOTHERAPISTS 1
REGISTRATION ACT 2001 2
108 Act amended in pt 11
Clause 3
This part amends the Physiotherapists Registration Act 2001. 4
109 Replacement of pt 10, hdg (Repeal, transitional and savings
Clause 5
provisions) 6
Part 10, heading-- 7
omit, insert-- 8
`PART 10--REPEAL AND TRANSITIONAL 9
PROVISIONS'. 10
110 Omission of pt 10, div 3 (Savings provisions)
Clause 11
Part 10, division 3-- 12
omit. 13
PART 12--AMENDMENT OF PODIATRISTS 14
REGISTRATION ACT 2001 15
111 Act amended in pt 12
Clause 16
This part amends the Podiatrists Registration Act 2001. 17
112 Replacement of pt 10, hdg (Repeal, transitional and savings
Clause 18
provisions) 19
Part 10, heading-- 20
omit, insert-- 21
`PART 10--REPEAL AND TRANSITIONAL 22
PROVISIONS'. 23
s 113 71 s 114
Health Legislation Amendment Bill 2003
113 Omission of pt 10, div 3 (Savings provisions)
Clause 1
Part 10, division 3-- 2
omit. 3
PART 13--AMENDMENTS OF ACT AND 4
REGULATIONS 5
114 Amendments--schedule
Clause 6
(1) The schedule amends the Act and regulations mentioned in it. 7
(2) The amendment of a regulation in the schedule does not affect the 8
power of the Governor in Council to further amend the regulation or to 9
repeal it. 10
72
Health Legislation Amendment Bill 2003
SCHEDULE 1
AMENDMENT OF ACT AND REGULATIONS 2
section 114 3
NURSING ACT 1992 4
1 Section 4, definition "chairperson" paragraph (b), sections 86 to 5
89, 92, 93, 95 to 98, 105 to 111, 113 to 115, 117, 118 and 145(2), 6
`committee'-- 7
omit, insert-- 8
`tribunal'. 9
2 Sections 86 to 88, headings, `Committee's'-- 10
omit, insert-- 11
`Tribunal's'. 12
3 Section 112, heading, `committee'-- 13
omit, insert-- 14
`tribunal'. 15
4 Sections 117 and 118, headings, `committee's'-- 16
omit, insert-- 17
`tribunal's'. 18
73
Health Legislation Amendment Bill 2003
SCHEDULE (continued)
DENTAL PRACTITIONERS REGISTRATION 1
REGULATION 2001 2
1 Section 14(4)(a)-- 3
omit. 4
2 Section 14(8)-- 5
omit. 6
DENTAL TECHNICIANS AND DENTAL 7
PROSTHETISTS REGISTRATION REGULATION 2001 8
1 Section 10, heading, `s 240'-- 9
omit, insert-- 10
`s 124B'. 11
2 Section 10, `section 240(1)'-- 12
omit, insert-- 13
`section 124B(2)'. 14
© State of Queensland 2003
AMENDMENTS TO BILL
1
Health Legislation Amendment Bill 2003
HEALTH LEGISLATION AMENDMENT
BILL 2003
AMENDMENTS AGREED TO IN COMMITTEE
1 Clause 2--
At page 10, line 11, `2001'--
omit, insert--
`2002'.
2 After clause 59
At page 45, after line 8--
insert--
`PART 8A--AMENDMENT OF HOSPITALS
FOUNDATIONS ACT 1982
`59A Act amended in pt 8A
`This part amends the Hospitals Foundations Act 1982.
`59B Insertion of new s 71A
`After section 71--
insert--
`71A Amalgamation of bodies corporate
`(1) Two or more bodies corporate may apply to the Minister to be
amalgamated as a single body corporate.
`(2) The application must--
(a) state the names of the bodies corporate applying to be
amalgamated; and
2
Health Legislation Amendment Bill 2003
(b) state whether--
(i) all the bodies corporate are to be dissolved and a new body
corporate established; or
(ii) 1 of the bodies corporate is to continue and the others are to
be dissolved and subsumed into the body corporate that is to
continue; and
(c) for an application to which paragraph (b)(i) applies, state the
name proposed for the proposed new body corporate; and
(d) for an application to which paragraph (b)(ii) applies, state which
body corporate is to continue; and
(e) state the object or objects to which it is intended the proposed
new or continuing body corporate will apply its property; and
(f) state the name of each hospital proposed to be an associated
hospital for the proposed new or continuing body corporate; and
(g) include or be accompanied by the other information or
documents the Minister reasonably requires.
`(3) If the Minister is satisfied the bodies corporate should be
amalgamated, the Minister may recommend the Governor in Council make
a regulation for the purpose of amalgamating the bodies corporate.
`(4) A regulation under subsection (3)--
(a) must amalgamate the bodies corporate by--
(i) dissolving each body corporate (the "discontinued body
corporate") and establishing a new body corporate (the
"new body corporate"); or
(ii) identifying the body corporate that is to continue (the
"continuing body corporate"), dissolving each of the
other bodies corporate (the "discontinued body
corporate") and subsuming it into the continuing body
corporate; and
(b) may do any of the following--
(i) provide for the assets and liabilities of a discontinued body
corporate, without any conveyance, transfer or assignment,
to become the assets and liabilities of the new body
corporate or continuing body corporate;
3
Health Legislation Amendment Bill 2003
(ii) provide that the rights and obligations of a discontinued
body corporate become the rights and obligations of the new
body corporate or continuing body corporate;
(iii) provide that if a legal proceeding might have been
continued or started by or against a discontinued body
corporate, it may be continued or started by or against the
new body corporate or continuing body corporate;
(iv) provide that in an instrument (other than a statutory
instrument) in existence at the amalgamation, a reference to
a discontinued body corporate is a reference to the new
body corporate or continuing body corporate;
(v) provide that the general fund established by a discontinued
body corporate becomes part of the general fund of the new
body corporate or continuing body corporate;
(vi) provide that any trust fund of a discontinued body corporate
becomes a trust fund of the new body corporate or
continuing body corporate;
(vii) provide that a bequest to a discontinued body corporate,
whether made before or after the amalgamation, is a bequest
to the new body corporate or continuing body corporate;
(viii)make provision to facilitate anything else for, or relating to,
the amalgamation.
`(5) On the dissolution of a body corporate under this section, its
members go out of office.
`(6) A new body corporate is taken to have been established under
section 7.
`(7) To remove any doubt, it is declared sections 56 to 61 do not apply to
an amalgamation under this section.
`(8) In this section--
"bequest" of property includes devise, gift and grant of property.'.'.
3 Part 13, heading--
At page 71, line 4, `ACT'--
omit, insert--
`ACTS'.
4
Health Legislation Amendment Bill 2003
4 Clause 114--
At page 71, line 7, `Act'--
omit, insert--
`Acts'.
5 Schedule--
At page 72, line 2, `ACT'--
omit, insert--
`ACTS'.
6 Schedule--
At page 72, after line 3--
insert--
`HEALTH RIGHTS COMMISSION ACT 1991
`1 Section 3, definition "professional conduct committee"--
omit.
`2 Section 3--
insert--
` "Nursing Tribunal" means the Nursing Tribunal under the Nursing Act
1992.'.
`3 Section 3, definition "disciplinary body", paragraph (c)--
omit, insert--
`(c) the Nursing Tribunal; or'.
5
Health Legislation Amendment Bill 2003
`4 Section 130(4), `a professional conduct committee'--
omit, insert--
`the Nursing Tribunal'.'.
7 Schedule--
At page 73, line 8, `2001'--
omit, insert--
`2002'.
[Index] [Search] [Download] [Related Items] [Help]