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Queensland
Health Legislation
Amendment Bill 2004
Queensland
Health Legislation Amendment Bill 2004
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Part 2 Amendment of Health Services Act 1991
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
4 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 10
5 Amendment of s 57 (Duty of confidentiality of officials) . . . . . . . . 11
6 Insertion of new pts 7 and 7A. . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Part 7 Confidentiality
Division 1 Interpretation and application
60 Definitions for pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
61 Meaning of parent . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
62 Part does not apply to official . . . . . . . . . . . . . . . . . . . 14
Division 2 Confidentiality
62A Confidentiality. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
62B Disclosure required or permitted by law . . . . . . . . . . . 14
62C Disclosure with consent . . . . . . . . . . . . . . . . . . . . . . . 14
62D Disclosure to person who has sufficient interest in
health and welfare of person . . . . . . . . . . . . . . . . . . . 15
62E Disclosure of confidential information for care or
treatment of person . . . . . . . . . . . . . . . . . . . . . . . . . . 16
62F Disclosure of confidential information in the public
interest ................................. 17
62G Disclosure for data collection and public health
monitoring .............................. 17
62H Disclosure for purposes relating to health services . . 18
62I Disclosure to prevent serious risk to life, health or
safety etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
62J Disclosure to or by inspector . . . . . . . . . . . . . . . . . . . 18
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Health Legislation Amendment Bill 2004
62K Disclosure to official . . . . . . . . . . . . . . . . . . . . . . . . . . 19
62L Disclosure to health practitioner registration board
or Queensland Nursing Council . . . . . . . . . . . . . . . . . 19
62M Disclosure to approved quality assurance committee 20
62N Disclosure to Commonwealth, another State or
Commonwealth or State entity . . . . . . . . . . . . . . . . . . 20
62O Disclosure to Australian Red Cross Society . . . . . . . . 21
62P Disclosure to person performing function under
Coroners Act 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
62Q Necessary or incidental disclosure. . . . . . . . . . . . . . . 21
62R Former designated persons . . . . . . . . . . . . . . . . . . . . 22
Part 7A Investigation and enforcement
Division 1 Inspectors
63 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
63A Appointment and qualifications . . . . . . . . . . . . . . . . . 22
63B Appointment conditions and limit on powers . . . . . . . 23
63C Issue of identity cards. . . . . . . . . . . . . . . . . . . . . . . . . 23
63D Production or display of identity card . . . . . . . . . . . . . 23
63E When inspector ceases to hold office. . . . . . . . . . . . . 24
63F Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
63G Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . 24
Division 2 Powers of inspectors
Subdivision 1 Entry of places
63H Power to enter places . . . . . . . . . . . . . . . . . . . . . . . . . 25
Subdivision 2 Procedure for entry
63I Entry with consent . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
63J Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . 26
63K Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
63L Application by electronic communication and
duplicate warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
63M Defect in relation to warrant . . . . . . . . . . . . . . . . . . . . 29
63N Warrants--procedure before entry . . . . . . . . . . . . . . . 30
Subdivision 3 Powers after entry
63O General powers after entering places . . . . . . . . . . . . 30
63P Failure to help inspector . . . . . . . . . . . . . . . . . . . . . . . 31
63Q Failure to give information . . . . . . . . . . . . . . . . . . . . . 32
Subdivision 4 Power to seize evidence
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Health Legislation Amendment Bill 2004
63R Seizing evidence at a place that may be entered
without consent or warrant . . . . . . . . . . . . . . . . . . . . . 32
63S Seizing evidence at a place that may only be
entered with consent or warrant . . . . . . . . . . . . . . . . . 32
63T Securing seized things . . . . . . . . . . . . . . . . . . . . . . . . 33
63U Tampering with seized things . . . . . . . . . . . . . . . . . . . 33
63V Powers to support seizure . . . . . . . . . . . . . . . . . . . . . 34
63W Inspector may require thing's return . . . . . . . . . . . . . . 34
63X Receipts for seized things . . . . . . . . . . . . . . . . . . . . . 35
63Y Forfeiture of seized things . . . . . . . . . . . . . . . . . . . . . 35
63Z Return of seized things. . . . . . . . . . . . . . . . . . . . . . . . 36
63ZA Access to seized things . . . . . . . . . . . . . . . . . . . . . . . 36
Subdivision 5 Power to obtain information
63ZB Power to require name and address . . . . . . . . . . . . . 36
63ZC Failure to give name or address . . . . . . . . . . . . . . . . . 37
63ZD Power to require information . . . . . . . . . . . . . . . . . . . 37
Division 3 General enforcement matters
63ZE Notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
63ZF Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
63ZG False or misleading statements . . . . . . . . . . . . . . . . . 39
63ZH False or misleading documents . . . . . . . . . . . . . . . . . 39
63ZI Obstructing an inspector . . . . . . . . . . . . . . . . . . . . . . 40
63ZJ Impersonating inspector . . . . . . . . . . . . . . . . . . . . . . . 40
7 Omission of ss 63 and 63A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Part 3 Amendment of Mental Health Act 2000
8 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
9 Insertion of new s 90A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
90A Giving information about return of patient to custody. 41
10 Amendment of s 174 (Notice of decision) . . . . . . . . . . . . . . . . . . 41
11 Amendment of s 184 (Apprehension of persons absent from
interstate mental health services). . . . . . . . . . . . . . . . . . . . . . . . . 42
12 Amendment of s 192 (Notice of decision) . . . . . . . . . . . . . . . . . . 42
13 Amendment of s 198 (Notice of decision) . . . . . . . . . . . . . . . . . . 42
14 Amendment of s 204 (Restrictions on review decisions) . . . . . . . 43
15 Amendment of s 205 (Notice of decision) . . . . . . . . . . . . . . . . . . 43
16 Amendment of s 213 (Notice of decision) . . . . . . . . . . . . . . . . . . 43
17 Amendment of s 226 (Notice of order or decision to refuse) . . . . 44
18 Amendment of s 234 (Notice of decision) . . . . . . . . . . . . . . . . . . 44
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Health Legislation Amendment Bill 2004
19 Insertion of new ss 288A and 288B . . . . . . . . . . . . . . . . . . . . . . . 44
288A Effect of new forensic order on existing forensic order 44
288B Mental Health Court may approve interstate move of
patient .................................. 45
20 Amendment of s 289 (Mental Health Court may order, approve
or revoke limited community treatment) . . . . . . . . . . . . . . . . . . . . 45
21 Amendment of s 321 (How to start appeal) . . . . . . . . . . . . . . . . . 45
22 Amendment of s 458 (Confidentiality orders) . . . . . . . . . . . . . . . . 45
23 Insertion of new s 460A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
460A Observer may attend hearing. . . . . . . . . . . . . . . . . . . 46
24 Replacement of s 463 (Tribunal may adjourn hearings) . . . . . . . . 46
463 Tribunal may adjourn hearings . . . . . . . . . . . . . . . . . . 46
25 Replacement of s 465 (Reasons for decision about
non-party material) ................................ 46
465 Reasons for decision about non-party material . . . . . 46
26 Amendment of s 528 (Confidentiality of information--officials) . . 47
Part 4 Amendment of Nursing Act 1992
27 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
28 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 47
29 Amendment of s 10 (By-laws) . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
30 Amendment of s 16 (Conduct of meetings) . . . . . . . . . . . . . . . . . 49
31 Insertion of new s 16B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
16B Minutes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
32 Amendment of s 48 (The register) . . . . . . . . . . . . . . . . . . . . . . . . 49
33 Amendment of s 49 (The roll). . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
34 Amendment of s 53 (Inspection of register or roll etc.). . . . . . . . . 50
35 Amendment of s 62 (Copies of certificates to be issued
on application) ..................................... 50
36 Amendment of s 72 (Restoration of registration or enrolment
in certain cases) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
37 Amendment of s 74 (Fees for annual licence certificates) . . . . . . 51
38 Amendment of pt 3, div 5 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
39 Insertion of new pt 3A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Part 3A Restrictions and holding out
77B Definitions for pt 3A . . . . . . . . . . . . . . . . . . . . . . . . . . 52
77C Taking of restricted titles etc. . . . . . . . . . . . . . . . . . . . 53
77D Claims by persons as to registration etc. . . . . . . . . . . 55
77E Claims by persons as to other persons'
registration etc. ........................ 56
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Health Legislation Amendment Bill 2004
77F Restrictions on persons with conditional, provisional
or limited registration or enrolment . . . . . . . . . . . . . . . 56
77G Restrictions on persons with conditional authorisation 57
77H Restrictions on practising nursing . . . . . . . . . . . . . . . 57
77I Restrictions on caring for a woman in childbirth. . . . . 59
40 Replacement of pt 4 (Accreditation of nursing courses). . . . . . . . 60
Part 4 Accreditation of nursing courses
Division 1 Preliminary
78 Definitions for pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
Division 2 Accreditation of nursing course
79 Application for accreditation . . . . . . . . . . . . . . . . . . . . 61
80 Late applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
81 Criteria for applications. . . . . . . . . . . . . . . . . . . . . . . . 62
82 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . 62
83 Inquiries into applications . . . . . . . . . . . . . . . . . . . . . . 63
83A Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
83B Failure to decide applications . . . . . . . . . . . . . . . . . . . 64
83C Period of accreditation . . . . . . . . . . . . . . . . . . . . . . . . 64
83D Standard condition . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
83E Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
83F Accreditation certificate . . . . . . . . . . . . . . . . . . . . . . . 65
Division 3 Variation of accredited nursing course
83G Application for approval of variation . . . . . . . . . . . . . . 65
83H Inquiries into applications . . . . . . . . . . . . . . . . . . . . . . 66
83I Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
83J Failure to decide applications . . . . . . . . . . . . . . . . . . . 67
83K Refund of fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Division 4 Renewal of accreditation
83L Applications for renewal . . . . . . . . . . . . . . . . . . . . . . . 68
83M Inquiries into applications . . . . . . . . . . . . . . . . . . . . . . 68
83N Accreditation taken to be in force while application
is considered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
83O Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
83P Failure to decide application. . . . . . . . . . . . . . . . . . . . 70
Division 5 Cancellation of accreditation
83Q Ground for cancellation . . . . . . . . . . . . . . . . . . . . . . . 70
83R Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
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Health Legislation Amendment Bill 2004
83S Submissions about show cause notices. . . . . . . . . . . 71
83T Ending show cause process without further action . . 71
83U Cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
83V Return of accreditation certificate to council . . . . . . . 72
Division 6 Offences relating to accreditation
83W Person must not make false claims in relation to
nursing course . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
Division 7 General provisions about accreditation
83X Surrender of accreditation . . . . . . . . . . . . . . . . . . . . . 73
83Y Replacement of accreditation certificates . . . . . . . . . 74
41 Amendment of s 107 (Summons to witness) . . . . . . . . . . . . . . . . 74
42 Amendment of s 137 (Appeals) . . . . . . . . . . . . . . . . . . . . . . . . . . 74
43 Replacement of ss 141 and 142. . . . . . . . . . . . . . . . . . . . . . . . . . 75
141 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
44 Insertion of new pt 9, div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
Division 5 Provisions for the Health Legislation
Amendment Act 2004
155 Transitional for Health Legislation Amendment
Act 2004 .............................. 75
Part 5 Amendment of Pharmacists Registration Act 2001
45 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
46 Insertion of pt 4, div 6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
Division 6A Ownership of pharmacy business
139A Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
139B Restriction on who may own pharmacy business. . . . 77
139C Registrant whose registration is suspended or
cancelled may own pharmacy business for limited
period ................................. 77
139D Person who stops being registrant's spouse may
continue as director or shareholder for limited period 78
139E Executor, administrator or trustee of registrant's
estate may own pharmacy business for limited period 79
139F Friendly society that demutualises may own
pharmacy business for limited period . . . . . . . . . . . . . 79
139G Trustee in bankruptcy and liquidator may own
pharmacy business . . . . . . . . . . . . . . . . . . . . . . . . . . 80
139H Restriction on number of pharmacy businesses a
person may own . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
47 Amendment of s 141 (Business providing professional
services to be carried on under supervision of registrant) . . . . . . 81
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Health Legislation Amendment Bill 2004
48 Omission of pt 10, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
49 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 81
Part 6 Amendment and repeal of other legislation
50 Amendment of other legislation . . . . . . . . . . . . . . . . . . . . . . . . . . 82
51 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
Schedule Other amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
Child Protection Act 1999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
Child Safety Legislation Amendment Act (No. 2) 2004 . . . . . . . . 83
Chiropractors Registration Act 2001 . . . . . . . . . . . . . . . . . . . . . . 84
Corrective Services Act 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
Dental Practitioners Registration Act 2001. . . . . . . . . . . . . . . . . . 86
Dental Technicians and Dental Prosthetists Registration Act 2001 87
Health Act 1937 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
Health Practitioners (Professional Standards) Act 1999 . . . . . . . 89
Health Services Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
Liquor Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
Mental Health Act 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
Optometrists Registration Act 2001 . . . . . . . . . . . . . . . . . . . . . . . 91
Penalties and Sentences Act 1992. . . . . . . . . . . . . . . . . . . . . . . . 92
Pest Management Act 2001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
Private Health Facilities Act 1999. . . . . . . . . . . . . . . . . . . . . . . . . 94
Radiation Safety Act 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
Transplantation and Anatomy Act 1979 . . . . . . . . . . . . . . . . . . . . 96
Transport Operations (Road Use Management) Act 1995 . . . . . . 97
2004
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 2004
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Health Legislation Amendment 4
Act 2004. 5
Clause 2 Commencement 6
This Act commences on a day to be fixed by proclamation. 7
Part 2 Amendment of Health Services 8
Act 1991 9
Clause 3 Act amended in pt 2 10
This part amends the Health Services Act 1991. 11
Clause 4 Amendment of s 2 (Definitions) 12
Section 2-- 13
insert-- 14
`confidential information, for part 7, see section 60. 15
designated person, for part 7, see section 60. 16
former designated person, for part 7, see section 60. 17
guardian, for part 7, see section 60. 18
health practitioner registration Act, for part 7, see section 60. 19
health professional, for part 7, see section 60. 20
s5 11 s6
Health Legislation Amendment Bill 2004
inspector means a person appointed under section 63A as an 1
inspector. 2
parent, for part 7, see section 60. 3
personal details requirement see section 63ZB(5). 4
public sector health service facility, for part 7, see 5
section 60.'. 6
Clause 5 Amendment of s 57 (Duty of confidentiality of officials) 7
Section 57(4)(b), `section 63(2)(j)'-- 8
omit, insert-- 9
`section 62F'. 10
Clause 6 Insertion of new pts 7 and 7A 11
After section 59-- 12
insert-- 13
`Part 7 Confidentiality 14
`Division 1 Interpretation and application 15
`60 Definitions for pt 7 16
`In this part-- 17
confidential information see section 62A(1). 18
designated person means a person who is-- 19
(a) a public service employee employed in the department; 20
or 21
(b) a health service employee; or 22
(c) the chief health officer appointed under the Health Act 23
1937; or 24
(d) the director of mental health appointed under the Mental 25
Health Act 2000; or 26
s6 12 s6
Health Legislation Amendment Bill 2004
(e) a health professional (other than a person mentioned in 1
paragraphs (a) to (d)) engaged in delivering a public 2
sector health service on behalf of the department, 3
whether at a public sector health service facility or 4
another place; or 5
(f) a person (other than a person mentioned in paragraph (a) 6
or (b)) engaged temporarily to provide administrative 7
support services for the department; or 8
(g) a person being educated or trained at a public sector 9
health service facility as part of the requirements for-- 10
(i) registration, enrolment or other authorisation 11
(however described) to practise as a health 12
professional; or 13
(ii) completion of a course of study qualifying a person 14
for registration, enrolment or authorisation 15
mentioned in subparagraph (i); or 16
(h) a person providing education or training at a public 17
sector health service facility to a person mentioned in 18
paragraph (g); or 19
(i) a volunteer carrying out duties at a public sector health 20
service facility on behalf of the department; or 21
(j) another person prescribed under a regulation for this 22
paragraph to be a designated person. 23
former designated person means a person who was, but is no 24
longer, a designated person. 25
guardian, of a child, means a person who is recognised in law 26
as having the duties, powers, responsibilities and authority 27
that, by law, parents have in relation to their children. 28
health practitioner registration Act means any 1 of the 29
following Acts-- 30
· Chiropractors Registration Act 2001 31
· Dental Practitioners Registration Act 2001 32
· Dental Technicians and Dental Prosthetists Registration 33
Act 2001 34
· Medical Practitioners Registration Act 2001 35
s6 13 s6
Health Legislation Amendment Bill 2004
· Medical Radiation Technologists Registration Act 2001 1
· Occupational Therapists Registration Act 2001 2
· Optometrists Registration Act 2001 3
· Osteopaths Registration Act 2001 4
· Pharmacists Registration Act 2001 5
· Physiotherapists Registration Act 2001 6
· Podiatrists Registration Act 2001 7
· Psychologists Registration Act 2001 8
· Speech Pathologists Registration Act 2001. 9
health professional means-- 10
(a) a person registered under a health practitioner 11
registration Act or enrolled, registered or authorised to 12
practise under the Nursing Act 1992; or 13
(b) a person, other than a person referred to in 14
paragraph (a), who provides a health service, including, 15
for example, an audiologist, dietitian or social worker. 16
parent see section 61. 17
public sector health service facility means a facility at which 18
public sector health services are usually delivered by or for the 19
department. 20
`61 Meaning of parent 21
`(1) A parent of a child is the child's mother, father or someone 22
else having or exercising parental responsibility for the child. 23
`(2) However, a person standing in the place of a parent of a child 24
on a temporary basis is not a parent of the child. 25
`(3) A parent of an Aboriginal child includes a person who, under 26
Aboriginal tradition, is regarded as a parent of the child. 27
`(4) A parent of a Torres Strait Islander child includes a person 28
who, under Island custom, is regarded as a parent of the child. 29
s6 14 s6
Health Legislation Amendment Bill 2004
`62 Part does not apply to official 1
`This part does not apply to a person who is or was an official 2
to the extent the person acquired information because of being 3
an official. 4
`Division 2 Confidentiality 5
`62A Confidentiality 6
`(1) A designated person or former designated person must not 7
disclose to another person, whether directly or indirectly, any 8
information (confidential information) acquired because of 9
being a designated person if a person who is receiving or has 10
received a public sector health service could be identified 11
from the confidential information. 12
Maximum penalty--50 penalty units. 13
`(2) For subsection (1), another person includes another 14
designated person or former designated person. 15
`(3) Subsection (1) applies even if the person who could be 16
identified from the disclosure of confidential information is 17
deceased. 18
`62B Disclosure required or permitted by law 19
`Section 62A(1) does not apply to the disclosure of 20
confidential information by a designated person if the 21
disclosure is required or permitted by an Act or another law. 22
`62C Disclosure with consent 23
`Section 62A(1) does not apply to the disclosure of 24
confidential information by a designated person if-- 25
(a) the person to whom the confidential information relates 26
is an adult and consents to the disclosure; or 27
(b) the person to whom the confidential information relates 28
is a child and-- 29
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(i) the disclosure of the confidential information is by 1
a health professional who reasonably believes the 2
child is of sufficient age and mental and emotional 3
maturity to understand the nature of consenting to 4
the disclosure; and 5
(ii) the child consents to the disclosure; or 6
(c) the person to whom the confidential information relates 7
is a child and-- 8
(i) the disclosure of the confidential information is by 9
a health professional who reasonably believes the 10
child is of insufficient age or mental or emotional 11
maturity to understand the nature of consenting to 12
the disclosure; and 13
(ii) the child's parent or guardian consents to the 14
disclosure; or 15
(d) the person to whom the confidential information relates 16
is a child and the disclosure of the confidential 17
information is by a health professional who reasonably 18
believes the disclosure of the information is in the 19
child's best interests. 20
`62D Disclosure to person who has sufficient interest in 21
health and welfare of person 22
`(1) Section 62A(1) does not apply to the disclosure of 23
confidential information by a designated person if the 24
confidential information-- 25
(a) is about the condition of the person to whom the 26
information relates and is communicated in general 27
terms; or 28
29
Example of communicated in general terms--
30
A switchboard operator or media staff member at a hospital
31
discloses that a person's condition is "satisfactory".
(b) is communicated by a health professional, under the 32
recognised standards of the relevant health profession, 33
to a person who, in the health professional's reasonable 34
opinion, has a sufficient personal interest in the health 35
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and welfare of the person to whom the information 1
relates. 2
3
Example of persons who a health professional could possibly
4
reasonably opine to be persons having sufficient personal interest
5
in the health and welfare of a person to whom the confidential
6
information relates--
7
· the person's spouse
8
· the person's child, parent or guardian
9
· another person related by blood, marriage or adoption, or
10
because of a de facto relationship or foster care relationship,
11
to the person
12
· a friend of the person who has a close personal relationship
13
with the person and a personal interest in the person's
14
welfare
15
· an adult who is providing home care to the person who has a
16
chronic condition or a disability
17
· a general practitioner who has had responsibility for the
18
care and treatment of the person
`(2) For subsection (1)(b), if the person to whom the confidential 19
information relates is deceased another person has a sufficient 20
personal interest in the health and welfare of the deceased 21
person if, in the health professional's reasonable opinion, the 22
other person would have had a sufficient interest while the 23
deceased person was alive. 24
`(3) Subsection (1) does not apply to the disclosure of confidential 25
information to a person if the person to whom the confidential 26
information relates asks that the confidential information not 27
be disclosed generally or to that person. 28
`62E Disclosure of confidential information for care or 29
treatment of person 30
`Section 62A(1) does not apply to the disclosure of 31
confidential information by a designated person if the 32
disclosure is required for the care or treatment of the person to 33
whom the information relates and-- 34
(a) the designated person is a health professional and the 35
disclosure is in accordance with the recognised 36
standards of the relevant health profession; or 37
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(b) the disclosure is to a designated person who is a health 1
professional. 2
`62F Disclosure of confidential information in the public 3
interest 4
`(1) Section 62A(1) does not apply to the disclosure of 5
confidential information by a designated person if-- 6
(a) the chief executive believes, on reasonable grounds, the 7
disclosure is in the public interest; and 8
(b) the chief executive has, in writing, authorised the 9
disclosure. 10
`(2) The department's annual report for a financial year under the 11
Financial Administration and Audit Act 1977 must include 12
details of-- 13
(a) the nature of any confidential information disclosed 14
under subsection (1) during the financial year; and 15
(b) the purpose for which the confidential information was 16
disclosed. 17
`(3) However, the details mentioned in subsection (2)(a) must not 18
identify, directly or indirectly, the person to whom the 19
confidential information relates. 20
`(4) Despite the Public Service Act 1996, section 57, the chief 21
executive may not delegate the chief executive's power under 22
subsection (1). 23
`62G Disclosure for data collection and public health 24
monitoring 25
`Section 62A(1) does not apply to the disclosure of 26
confidential information by a designated person if-- 27
(a) the disclosure is to another designated person; and 28
(b) the disclosure and receipt of the confidential 29
information is-- 30
(i) to give effect to or manage a funding arrangement 31
for a public sector health service; or 32
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(ii) for analysing, monitoring or evaluating public 1
health; and 2
(c) the other designated person is authorised in writing by 3
the chief executive to receive the confidential 4
information. 5
`62H Disclosure for purposes relating to health services 6
`Section 62A(1) does not apply to the disclosure of 7
confidential information by a designated person if-- 8
(a) the disclosure is to another designated person for 9
evaluating, managing, monitoring or planning health 10
services; or 11
(b) the disclosure is to an entity prescribed under a 12
regulation for this paragraph for evaluating, managing, 13
monitoring or planning health services as stated in the 14
regulation. 15
`62I Disclosure to prevent serious risk to life, health or 16
safety etc. 17
`Section 62A(1) does not apply to the disclosure of 18
confidential information by a designated person if-- 19
(a) the chief executive believes, on reasonable grounds, the 20
disclosure is necessary to assist in averting a serious risk 21
to-- 22
(i) the life, health or safety of a person, including the 23
person to whom the confidential information 24
relates; or 25
(ii) public safety; and 26
(b) the chief executive has, in writing, authorised the 27
disclosure. 28
`62J Disclosure to or by inspector 29
`Section 62A(1) does not apply to the disclosure of 30
confidential information by a designated person if-- 31
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(a) the disclosure is to an inspector and the confidential 1
information is relevant in relation to the performance of 2
the inspector's function under part 7A; or 3
(b) the disclosure is by an inspector and is necessary for 4
performing the inspector's function under part 7A. 5
`62K Disclosure to official 6
`Section 62A(1) does not apply to the disclosure of 7
confidential information by a designated person if the 8
disclosure is to an official and the confidential information is 9
relevant to the functions being performed by the official. 10
`62L Disclosure to health practitioner registration board 11
or Queensland Nursing Council 12
`Section 62A(1) does not apply to the disclosure of 13
confidential information by a designated person if the 14
disclosure is to a board established under a health practitioner 15
registration Act or the Queensland Nursing Council for the 16
purposes of-- 17
(a) making, or giving information about, a complaint about 18
a person who is or was-- 19
(i) registered under the health practitioner registration 20
Act; or 21
(ii) registered, enrolled or authorised to practise under 22
the Nursing Act 1992; or 23
(b) answering questions or otherwise giving information as 24
part of an investigation or a disciplinary proceeding 25
about a person who is or was-- 26
(i) registered under the health practitioner registration 27
Act; or 28
(ii) registered, enrolled or authorised to practise under 29
the Nursing Act 1992. 30
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`62M Disclosure to approved quality assurance committee 1
`Section 62A(1) does not apply to the disclosure of 2
confidential information by a designated person if the 3
disclosure is to a committee declared under section 31(1) to be 4
an approved quality assurance committee, or to a person 5
authorised by the committee to receive the confidential 6
information, to enable the committee to perform its functions. 7
`62N Disclosure to Commonwealth, another State or 8
Commonwealth or State entity 9
`(1) Section 62A(1) does not apply to the disclosure of 10
confidential information by the chief executive if-- 11
(a) the disclosure is to the Commonwealth or another State, 12
or an entity of the Commonwealth or another State and 13
the disclosure-- 14
(i) is required or allowed under an agreement-- 15
(A) between Queensland and the 16
Commonwealth, State or entity; and 17
(B) prescribed under a regulation for this 18
paragraph; and 19
(ii) is considered by the chief executive to be in the 20
public interest; or 21
(b) the disclosure is to an entity of the State and the 22
disclosure-- 23
(i) is required or allowed under an agreement-- 24
(A) between the chief executive and the entity; 25
and 26
(B) prescribed under a regulation for this 27
paragraph; and 28
(ii) is considered by the chief executive to be in the 29
public interest. 30
`(2) The Commonwealth, a State or entity that receives 31
confidential information under an agreement under 32
subsection (1)-- 33
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(a) must not give it to anyone else unless allowed to do so 1
by the agreement or in writing by the chief executive; 2
and 3
(b) must ensure the confidential information is used only for 4
the purpose for which it was given under the agreement. 5
`(3) In this section-- 6
entity of the State includes a department and an entity 7
established under an Act for a public purpose. 8
`62O Disclosure to Australian Red Cross Society 9
`Section 62A(1) does not apply to the disclosure of 10
confidential information by a designated person if the 11
disclosure is to the Australian Red Cross Society for the 12
purpose of tracing blood or tissue, or blood products derived 13
from blood, infected with any disease or the donor or recipient 14
of that blood or tissue. 15
`62P Disclosure to person performing function under 16
Coroners Act 2003 17
`Section 62A(1) does not apply to the disclosure of 18
confidential information by a designated person to a person 19
who requires the confidential information to perform a 20
function under the Coroners Act 2003, other than the 21
preparation of an annual report. 22
`62Q Necessary or incidental disclosure 23
`Section 62A(1) does not apply to the disclosure of 24
confidential information by a designated person that is 25
necessary or incidental to a disclosure of confidential 26
information otherwise permitted under this part. 27
28
Examples of necessary or incidental disclosures--
29
· the disclosure of confidential information to support staff at a
30
public sector hospital who make appointments for patients,
31
maintain patient records and undertake other administrative tasks.
32
· the disclosure of confidential information to the Health Insurance
33
Commission or health insurance providers for processing the
34
payment of accounts for treatment or diagnostic tests.
s6 22 s6
Health Legislation Amendment Bill 2004
1
· the disclosure of confidential information to advise the chief
2
executive about authorising the disclosure of confidential
3
information in the public interest under section 62F or to collect
4
confidential information for the purpose of a prescribed agreement
5
under section 62N.
6
· accessing contact details for a person to seek the person's consent
7
under section 62C to the disclosure of confidential information
8
· permitting contractors to access databases to write, test or analyse
9
programs, perform database administration tasks or maintain
10
technical aspects of computer hardware.
`62R Former designated persons 11
`(1) Sections 62B, 62C(a), 62F, 62J, 62L or 62Q (the relevant 12
provisions) apply to the disclosure of confidential information 13
by a former designated person in the same way as they apply 14
to the disclosure of confidential information by a designated 15
person. 16
`(2) For subsection (1), a reference in the relevant provisions to a 17
designated person is taken to be a reference to a former 18
designated person. 19
`Part 7A Investigation and enforcement 20
`Division 1 Inspectors 21
`63 Functions 22
`An inspector has the function of monitoring and enforcing 23
compliance with part 7 or this part. 24
`63A Appointment and qualifications 25
`(1) The chief executive may appoint any of the following persons 26
as inspectors-- 27
(a) a public service officer employed in the department; 28
(b) a health service employee; 29
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Health Legislation Amendment Bill 2004
(c) a person prescribed under a regulation. 1
`(2) However, the chief executive may appoint a person as an 2
inspector only if the chief executive is satisfied the person is 3
qualified for appointment because the person has the 4
necessary expertise or experience to be an inspector. 5
`63B Appointment conditions and limit on powers 6
`(1) An inspector holds office on any conditions stated in-- 7
(a) the inspector's instrument of appointment; or 8
(b) a signed notice given to the inspector. 9
`(2) The instrument of appointment or a signed notice given to the 10
inspector may limit the inspector's powers under this part. 11
`(3) In this section-- 12
signed notice means a notice signed by the chief executive. 13
`63C Issue of identity cards 14
`(1) The chief executive must issue an identity card to each 15
inspector. 16
`(2) The identity card must-- 17
(a) contain a copy of a recent photo of the inspector; and 18
(b) contain a copy of the inspector's signature; and 19
(c) identify the person as an inspector under this Act; and 20
(d) state an expiry date for the card. 21
`(3) This section does not prevent the issue of a single identity 22
card to a person for this Act and other purposes. 23
`63D Production or display of identity card 24
`(1) In exercising a power under this part in relation to a person, an 25
inspector must-- 26
(a) produce the inspector's identity card for the other 27
person's inspection before exercising the power; or 28
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Health Legislation Amendment Bill 2004
(b) have the identity card displayed so it is clearly visible to 1
the other person when exercising the power. 2
`(2) However, if it is not practicable to comply with 3
subsection (1), the inspector must produce the identity card 4
for the other person's inspection at the first reasonable 5
opportunity. 6
`(3) For subsection (1), an inspector does not exercise a power in 7
relation to a person only because the inspector has entered a 8
place as mentioned in section 63H(1)(b) or (2). 9
`63E When inspector ceases to hold office 10
`(1) An inspector ceases to hold office if any of the following 11
happens-- 12
(a) the term of office stated in a condition of office ends; 13
(b) under another condition of office, the inspector ceases to 14
hold office; 15
(c) the inspector's resignation under section 63F takes 16
effect. 17
`(2) Subsection (1) does not limit the ways an inspector may cease 18
to hold office. 19
`(3) In this section-- 20
condition of office means a condition on which the inspector 21
holds office. 22
`63F Resignation 23
`An inspector may resign by notice to the chief executive. 24
`63G Return of identity card 25
`A person who ceases to be an inspector must return the 26
person's identity card to the chief executive within 21 days 27
after ceasing to be an inspector, unless the person has a 28
reasonable excuse. 29
Maximum penalty--10 penalty units. 30
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Health Legislation Amendment Bill 2004
`Division 2 Powers of inspectors 1
`Subdivision 1 Entry of places 2
`63H Power to enter places 3
`(1) An inspector may enter a place if-- 4
(a) its occupier consents to the entry; or 5
(b) it is a public place and the entry is made when it is open 6
to the public; or 7
(c) the entry is authorised by a warrant. 8
`(2) For the purpose of asking the occupier of a place for consent 9
to enter, an inspector may, without the occupier's consent or a 10
warrant-- 11
(a) enter land around premises at the place to an extent that 12
is reasonable to contact the occupier; or 13
(b) enter part of the place the inspector reasonably 14
considers members of the public ordinarily are allowed 15
to enter when they wish to contact the occupier. 16
`Subdivision 2 Procedure for entry 17
`63I Entry with consent 18
`(1) This section applies if an inspector intends to ask the occupier 19
of a place to consent to the inspector or another inspector 20
entering the place. 21
`(2) Before asking for the consent, the inspector must tell the 22
occupier-- 23
(a) the purpose of the entry; and 24
(b) that the occupier is not required to consent. 25
`(3) If the consent is given, the inspector may ask the occupier to 26
sign an acknowledgment of the consent. 27
`(4) The acknowledgment must state-- 28
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Health Legislation Amendment Bill 2004
(a) the occupier has been told-- 1
(i) the purpose of the entry; and 2
(ii) that the occupier is not required to consent; and 3
(b) the purpose of the entry; and 4
(c) the occupier gives the inspector consent to enter the 5
place and exercise powers under this division; and 6
(d) the time and date the consent was given. 7
`(5) If the occupier signs an acknowledgment, the inspector must 8
immediately give a copy to the occupier. 9
`(6) If-- 10
(a) an issue arises in a proceeding about whether the 11
occupier consented to the entry; and 12
(b) an acknowledgment complying with subsection (4) for 13
the entry is not produced in evidence; 14
the onus of proof is on the person relying on the lawfulness of 15
the entry to prove the occupier consented. 16
`63J Application for warrant 17
`(1) An inspector may apply to a magistrate for a warrant for a 18
place. 19
`(2) The inspector must prepare a written application that states 20
the grounds on which the warrant is sought. 21
`(3) The written application must be sworn. 22
`(4) The magistrate may refuse to consider the application until the 23
inspector gives the magistrate all the information the 24
magistrate requires about the application in the way the 25
magistrate requires. 26
27
Example--
28
The magistrate may require additional information supporting the
29
written application to be given by statutory declaration.
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Health Legislation Amendment Bill 2004
`63K Issue of warrant 1
`(1) The magistrate may issue the warrant for the place only if the 2
magistrate is satisfied there are reasonable grounds for 3
suspecting-- 4
(a) there is a particular thing or activity (the evidence) that 5
may provide evidence of an offence against 6
section 62A(1) or this part; and 7
(b) the evidence is at the place or, within the next 7 days, 8
will be at the place. 9
`(2) The warrant must state-- 10
(a) the place to which the warrant applies; and 11
(b) that a stated inspector may, with necessary and 12
reasonable help and force-- 13
(i) enter the place and any other place necessary for 14
entry to the place; and 15
(ii) exercise the inspector's powers under this division; 16
and 17
(c) particulars of the offence that the magistrate considers 18
appropriate in the circumstances; and 19
(d) the name of the person suspected of having committed 20
the offence, unless the name is unknown or the 21
magistrate considers it inappropriate to state the name; 22
and 23
(e) the evidence that may be seized under the warrant; and 24
(f) the hours of the day or night when the place may be 25
entered; and 26
(g) the magistrate's name; and 27
(h) the date and time of the warrant's issue; and 28
(i) the date, within 14 days after the warrant's issue, the 29
warrant ends. 30
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Health Legislation Amendment Bill 2004
`63L Application by electronic communication and 1
duplicate warrant 2
`(1) An application under section 63J may be made by phone, fax, 3
email, radio, videoconferencing or another form of electronic 4
communication if the inspector reasonably considers it 5
necessary because of-- 6
(a) urgent circumstances; or 7
(b) other special circumstances, including, for example, the 8
inspector's remote location. 9
`(2) The application-- 10
(a) may not be made before the inspector prepares the 11
written application under section 63J(2); but 12
(b) may be made before the written application is sworn. 13
`(3) The magistrate may issue the warrant (the original warrant) 14
only if the magistrate is satisfied-- 15
(a) it was necessary to make the application under 16
subsection (1); and 17
(b) the way the application was made under subsection (1) 18
was appropriate. 19
`(4) After the magistrate issues the original warrant-- 20
(a) if there is a reasonably practicable way of immediately 21
giving a copy of the warrant to the inspector, for 22
example, by sending a copy by fax or email, the 23
magistrate must immediately give a copy of the warrant 24
to the inspector; or 25
(b) otherwise-- 26
(a) the magistrate must tell the inspector the date and 27
time the warrant is issued and the other terms of 28
the warrant; and 29
(ii) the inspector must complete a form of warrant, 30
including by writing on it-- 31
(A) the magistrate's name; and 32
(B) the date and time the magistrate issued the 33
warrant; and 34
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Health Legislation Amendment Bill 2004
(C) the other terms of the warrant. 1
`(5) The copy of the warrant mentioned in subsection (4)(a), or the 2
form of warrant completed under subsection (4)(b) (in either 3
case the duplicate warrant), is a duplicate of, and as effectual 4
as, the original warrant. 5
`(6) The inspector must, at the first reasonable opportunity, send to 6
the magistrate-- 7
(a) the written application complying with section 63J(2) 8
and (3); and 9
(b) if the inspector completed a form of warrant under 10
subsection (4)(b)--the completed form of warrant. 11
`(7) The magistrate must keep the original warrant and, on 12
receiving the documents under subsection (6)-- 13
(a) attach the documents to the original warrant; and 14
(b) give the original warrant and documents to the clerk of 15
the court of the relevant magistrates court 16
`(8) Despite subsection (5), if-- 17
(a) an issue arises in a proceeding about whether an 18
exercise of a power was authorised by a warrant issued 19
under this section; and 20
(b) the original warrant is not produced in evidence; 21
the onus of proof is on the person relying on the lawfulness of 22
the exercise of the power to prove a warrant authorised the 23
exercise of the power. 24
`(9) This section does not limit section 63J. 25
`(10) In this section-- 26
relevant magistrates court, in relation to a magistrate, means 27
the Magistrates Court that the magistrate constitutes under the 28
Magistrates Act 1991. 29
`63M Defect in relation to warrant 30
`(1) A warrant is not invalidated by a defect in the warrant, or in 31
compliance with section 63J, 63K or 64L, unless the defect 32
affects the substance of the warrant in a material particular. 33
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Health Legislation Amendment Bill 2004
`(2) In this section-- 1
warrant includes a duplicate warrant mentioned in 2
section 63L(5). 3
`63N Warrants--procedure before entry 4
`(1) This section applies if an inspector named in a warrant issued 5
under this division for a place is intending to enter the place 6
under the warrant. 7
`(2) Before entering the place, the inspector must do or make a 8
reasonable attempt to do the following things-- 9
(a) identify himself or herself to a person present at the 10
place who is an occupier of the place in the way stated 11
in section 63D; 12
(b) give the person a copy of the warrant; 13
(c) tell the person the inspector is permitted by the warrant 14
to enter the place; 15
(d) give the person an opportunity to allow the inspector 16
immediate entry to the place without using force. 17
`(3) However, the inspector need not comply with subsection (2) if 18
the inspector believes on reasonable grounds that immediate 19
entry to the place is required to ensure the effective execution 20
of the warrant is not frustrated. 21
`(4) In this section-- 22
warrant includes a duplicate warrant mentioned in 23
section 63L(5). 24
`Subdivision 3 Powers after entry 25
`63O General powers after entering places 26
`(1) This section applies to an inspector who enters a place. 27
`(2) However, if an inspector enters a place to get the occupier's 28
consent to enter a place, this section applies to the inspector 29
only if the consent is given or the entry is otherwise 30
authorised. 31
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`(3) For monitoring and enforcing compliance with part 7 or this 1
part, the inspector may-- 2
(a) search any part of the place; or 3
(b) inspect, measure, test, photograph or film any part of the 4
place or anything at the place; or 5
(c) take a thing, or a sample of or from a thing, at the place 6
for analysis or testing; or 7
(d) take an extract from, or copy, a document at the place; or 8
(e) take into or onto the place any persons, equipment and 9
materials the inspector reasonably requires for 10
exercising a power under this division; or 11
(f) require the occupier of the place, or a person at the 12
place, to give the inspector reasonable help to exercise 13
the inspector's powers under paragraphs (a) to (e); or 14
(g) require the occupier of the place, or a person at the 15
place, to give the inspector information to help the 16
inspector find out whether part 7 or this part is being 17
complied with. 18
`(4) When making a requirement mentioned in subsection (3)(f) 19
or (g), the inspector must warn the person it is an offence to 20
fail to comply with the requirement, unless the person has a 21
reasonable excuse. 22
`63P Failure to help inspector 23
`(1) A person required to give reasonable help under 24
section 63O(3)(f) must comply with the requirement, unless 25
the person has a reasonable excuse. 26
Maximum penalty--50 penalty units. 27
`(2) If a requirement under section 63O(3)(f) relates to a 28
document, it is a reasonable excuse for the person not to 29
comply with the requirement that complying with the 30
requirement might tend to incriminate the person. 31
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`63Q Failure to give information 1
`(1) A person of whom a requirement is made under 2
section 63O(3)(g) must comply with the requirement, unless 3
the person has a reasonable excuse.1 4
Maximum penalty--50 penalty units. 5
`(2) It is a reasonable excuse for the person to fail to comply with 6
the requirement that complying with the requirement might 7
tend to incriminate the person. 8
`Subdivision 4 Power to seize evidence 9
`63R Seizing evidence at a place that may be entered 10
without consent or warrant 11
`An inspector who enters a place under this division without 12
the consent of the occupier and without a warrant, may seize a 13
thing at the place only if the inspector reasonably believes the 14
thing is evidence of an offence against section 62A(1) or this 15
part. 16
`63S Seizing evidence at a place that may only be 17
entered with consent or warrant 18
`(1) This section applies if-- 19
(a) an inspector is authorised to enter a place under this 20
division only with the consent of the occupier or a 21
warrant; and 22
(b) the inspector enters the place after obtaining the 23
necessary consent or warrant. 24
`(2) If the inspector enters the place with the occupier's consent, 25
the inspector may seize a thing at the place only if-- 26
(a) the inspector reasonably believes the thing is evidence 27
of an offence against section 62A(1) or this part; and 28
1 Also, a person must not state anything the person knows to be false or misleading in
a material particular--see section 63ZG (False or misleading statements).
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Health Legislation Amendment Bill 2004
(b) seizure of the thing is consistent with the purpose of 1
entry as told to the occupier when asking for the 2
occupier's consent. 3
`(3) If the inspector enters the place with a warrant, the inspector 4
may seize the evidence for which the warrant was issued. 5
`(4) The inspector also may seize anything else at the place if the 6
inspector reasonably believes-- 7
(a) the thing is evidence of an offence against 8
section 62A(1) or this part; and 9
(b) the seizure is necessary to prevent the thing being-- 10
(i) hidden, lost or destroyed; or 11
(ii) used to continue, or repeat, the offence. 12
`(5) Also, the inspector may seize a thing at the place if the 13
inspector reasonably believes it has just been used in 14
committing an offence against section 62A(1) or this part. 15
`63T Securing seized things 16
`Having seized a thing, an inspector may-- 17
(a) move the thing from the place where it was seized (the 18
place of seizure); or 19
(b) leave the thing at the place of seizure, but take 20
reasonable action to restrict access to it. 21
22
Examples of restricting access to a thing--
23
1 Sealing a thing and marking it to show access to it is
24
restricted.
25
2 Sealing the entrance to a room where the thing is situated
26
and marking it to show access to it is restricted.
`63U Tampering with seized things 27
`(1) If an inspector restricts access to a seized thing, a person must 28
not tamper with the thing, or something restricting access to 29
the thing, without an inspector's approval. 30
Maximum penalty--50 penalty units. 31
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Health Legislation Amendment Bill 2004
`(2) In this section-- 1
tamper includes attempt to tamper. 2
`63V Powers to support seizure 3
`(1) To enable a thing to be seized, an inspector may require the 4
person in control of it-- 5
(a) to take it to a stated reasonable place by a stated 6
reasonable time; and 7
(b) if necessary, to remain in control of it at the stated place 8
for a reasonable time. 9
`(2) The requirement-- 10
(a) must be made by signed notice; or 11
(b) if for any reason it is not practicable to give the notice, 12
may be made orally and confirmed by signed notice as 13
soon as practicable. 14
`(3) A further requirement may be made under this section about 15
the same thing if it is necessary and reasonable to make the 16
further requirement. 17
`(4) A person of whom the requirement is made under 18
subsection (1) or (3) must comply with the requirement, 19
unless the person has a reasonable excuse. 20
Maximum penalty--50 penalty units. 21
`(5) Subject to section 63ZF, the cost of complying with
2
22
subsection (4) must be borne by the person. 23
`63W Inspector may require thing's return 24
`(1) If an inspector has required a person to take a thing to a stated 25
place by a stated reasonable time under section 63V the 26
inspector may require the person to return the thing to the 27
place from which it was taken. 28
2 Section 63ZF (Compensation)
s6 35 s6
Health Legislation Amendment Bill 2004
`(2) A person of whom the requirement is made under 1
subsection (1) must comply with the requirement, unless the 2
person has a reasonable excuse. 3
Maximum penalty--50 penalty units. 4
`(3) Subject to section 63ZF, the cost of complying with 5
subsection (2) must be borne by the person. 6
`63X Receipts for seized things 7
`(1) As soon as practicable after an inspector seizes a thing, the 8
inspector must give a receipt for it to the person from whom it 9
was seized. 10
`(2) However, if for any reason it is not practicable to comply with 11
subsection (1), the inspector must leave the receipt at the 12
place of seizure in a conspicuous position and in a reasonably 13
secure way. 14
`(3) The receipt must describe generally each thing seized and its 15
condition. 16
`(4) This section does not apply to a thing if it is impracticable or 17
would be unreasonable to give the receipt, given the thing's 18
nature, condition and value. 19
`63Y Forfeiture of seized things 20
`(1) A seized thing is forfeited to the State if the inspector who 21
seized the thing-- 22
(a) can not find its owner, after making reasonable 23
inquiries; or 24
(b) can not return it to its owner, after making reasonable 25
efforts. 26
`(2) In applying subsection (1)-- 27
(a) subsection (1)(a) does not require the inspector to make 28
inquiries if it would be unreasonable to make inquiries 29
to find the owner; and 30
(b) subsection (1)(b) does not require the inspector to make 31
efforts if it would be unreasonable to make efforts to 32
return the thing to its owner. 33
s6 36 s6
Health Legislation Amendment Bill 2004
`(3) Regard must be had to a thing's nature, condition and value in 1
deciding-- 2
(a) whether it is reasonable to make inquiries or efforts; and 3
(b) if making inquiries or efforts, what inquiries or efforts, 4
including the period over which they are made, are 5
reasonable. 6
`63Z Return of seized things 7
`(1) If a thing has been seized but not forfeited, the inspector must 8
return it to its owner-- 9
(a) at the end of 6 months; or 10
(b) if a proceeding for an offence involving the thing is 11
started within 6 months, at the end of the proceeding and 12
any appeal from the proceeding. 13
`(2) However, unless the thing has been forfeited, the inspector 14
must immediately return a thing seized as evidence to its 15
owner if the inspector stops being satisfied its continued 16
retention as evidence is necessary. 17
`63ZA Access to seized things 18
`(1) Until a thing that has been seized is forfeited or returned, an 19
inspector must allow its owner to inspect it and, if it is a 20
document, to copy it. 21
`(2) Subsection (1) does not apply if it is impracticable or would 22
be unreasonable to allow the inspection or copying. 23
`Subdivision 5 Power to obtain information 24
`63ZB Power to require name and address 25
`(1) This section applies if-- 26
(a) an inspector finds a person committing an offence 27
against section 62A(1) or this part; or 28
(b) an inspector finds a person in circumstances that lead, or 29
has information that leads, the inspector reasonably to 30
s6 37 s6
Health Legislation Amendment Bill 2004
suspect the person has just committed an offence against 1
section 62A(1) or this part. 2
`(2) The inspector may require the person to state the person's 3
name and residential address. 4
`(3) When making the requirement, the inspector must warn the 5
person it is an offence to fail to state the person's name or 6
residential address, unless the person has a reasonable excuse. 7
`(4) The inspector may require the person to give the inspector 8
evidence of the correctness of the stated name or residential 9
address if the inspector reasonably suspects the stated name or 10
address to be false. 11
`(5) A requirement under subsection (2) or (4) is a personal details 12
requirement. 13
`63ZC Failure to give name or address 14
`(1) A person of whom a personal details requirement is made 15
must comply with the requirement, unless the person has a 16
reasonable excuse. 17
Maximum penalty--50 penalty units. 18
`(2) A person does not commit an offence against subsection (1) 19
if-- 20
(a) the person was required to state the person's name and 21
residential address by an inspector who suspected the 22
person had committed an offence against section 62A(1) 23
or this part; and 24
(b) the person is not proved to have committed the offence. 25
`63ZD Power to require information 26
`(1) This section applies if an inspector reasonably believes-- 27
(a) an offence against section 62A(1) or this part has been 28
committed; and 29
(b) a person may be able to give information about the 30
offence. 31
s6 38 s6
Health Legislation Amendment Bill 2004
`(2) The inspector may, by notice given to the person, require the 1
person to give information about the offence to the inspector 2
at a stated reasonable time and place. 3
`(3) The person must comply with a requirement under 4
subsection (2), unless the person has a reasonable excuse. 5
Maximum penalty--50 penalty units. 6
`(4) It is a reasonable excuse for an individual to fail to give 7
information if giving the information might tend to 8
incriminate the individual. 9
`Division 3 General enforcement matters 10
`63ZE Notice of damage 11
`(1) This section applies if-- 12
(a) an inspector damages property when exercising or 13
purporting to exercise a power; or 14
(b) a person (the other person) acting under the direction or 15
authority of an inspector damages property. 16
`(2) The inspector must immediately give notice of particulars of 17
the damage to the person who appears to the inspector to be 18
the owner of the property. 19
`(3) If the inspector believes the damage was caused by a latent 20
defect in the property or circumstances beyond the inspector's 21
or other person's control, the inspector may state the belief in 22
the notice. 23
`(4) If, for any reason, it is impracticable to comply with 24
subsection (2), the inspector must leave the notice in a 25
conspicuous position and in a reasonably secure way where 26
the damage happened. 27
`(5) This section does not apply to damage the inspector 28
reasonably believes is trivial. 29
`(6) In this section-- 30
owner, of property, includes the person in possession or 31
control of it. 32
s6 39 s6
Health Legislation Amendment Bill 2004
`63ZF Compensation 1
`(1) If a person incurs loss or expense because of the exercise or 2
purported exercise of a power under any of the following 3
subdivisions of division 23 by or for an inspector, the person 4
may claim compensation from the State-- 5
(a) subdivision 1 (Entry of places); 6
(b) subdivision 3 (Powers after entry); 7
(c) subdivision 4 (Power to seize evidence). 8
`(2) Without limiting subsection (1), compensation may be 9
claimed for loss or expense incurred in complying with a 10
requirement made of the person under the subdivision. 11
`(3) Compensation may be claimed and ordered to be paid in a 12
proceeding-- 13
(a) brought in a court with jurisdiction for the recovery of 14
the amount of compensation claimed; or 15
(b) for an offence against section 62A(1) or this part 16
brought against the person claiming compensation. 17
`(4) A court may order compensation to be paid only if it is 18
satisfied it is just to make the order in the circumstances of the 19
particular case. 20
`63ZG False or misleading statements 21
`A person must not state anything to an inspector the person 22
knows is false or misleading in a material particular. 23
Maximum penalty--50 penalty units. 24
`63ZH False or misleading documents 25
`(1) A person must not give an inspector a document containing 26
information the person knows is false or misleading in a 27
material particular. 28
Maximum penalty--50 penalty units. 29
3 Division 2 (Powers of inspectors)
s7 40 s7
Health Legislation Amendment Bill 2004
`(2) Subsection (1) does not apply to a person if the person, when 1
giving the document-- 2
(a) tells the inspector, to the best of the person's ability, how 3
it is false or misleading; and 4
(b) if the person has, or can reasonably obtain, the correct 5
information--gives the correct information. 6
`63ZI Obstructing an inspector 7
`(1) A person must not obstruct an inspector in the exercise of a 8
power, unless the person has a reasonable excuse. 9
Maximum penalty--100 penalty units. 10
`(2) If a person has obstructed an inspector and the inspector 11
decides to proceed with the exercise of the power, the 12
inspector must warn the person that-- 13
(a) it is an offence to obstruct the inspector unless the 14
person has a reasonable excuse; and 15
(b) the inspector considers the person's conduct an 16
obstruction. 17
`(3) In this section-- 18
obstruct includes hinder and attempt to obstruct or hinder. 19
`63ZJ Impersonating inspector 20
`A person must not pretend to be an inspector. 21
Maximum penalty--50 penalty units.'. 22
Clause 7 Omission of ss 63 and 63A 23
Part 8, sections 63 and 63A-- 24
omit. 25
s8 41 s 10
Health Legislation Amendment Bill 2004
Part 3 Amendment of Mental Health 1
Act 2000 2
Clause 8 Act amended in pt 3 3
This part amends the Mental Health Act 2000. 4
Clause 9 Insertion of new s 90A 5
After section 90-- 6
insert-- 7
`90A Giving information about return of patient to custody 8
`(1) This section applies to a patient for whom the director has 9
made a decision under section 89(2)(a). 10
`(2) The director must immediately give written notice to the chief 11
executive for justice that this section applies to the patient. 12
`(3) The chief executive for justice must immediately give written 13
notice to the following persons of the application of this 14
section to the patient-- 15
(a) the registrar of the court before which the patient is to 16
appear for the offence; 17
(b) the commissioner of the police service or the director of 18
public prosecutions as appropriate in the circumstances; 19
(c) if the patient is a child--the chief executive of the 20
department in which the Juvenile Justice Act 1992 is 21
administered.'. 22
Clause 10 Amendment of s 174 (Notice of decision) 23
(1) Section 174(2)(b), `28'-- 24
omit, insert-- 25
`60'. 26
(2) Section 174(4) and (7), `7 days after receiving the request'-- 27
omit, insert-- 28
`21 days after receiving the request'. 29
s 11 42 s 13
Health Legislation Amendment Bill 2004
Clause 11 Amendment of s 184 (Apprehension of persons absent 1
from interstate mental health services) 2
Section 184(7)(b)-- 3
omit, insert-- 4
`(b) for paragraph (a)-- 5
(i) the warrant or other document authorising the 6
person's apprehension is taken to be the 7
involuntary treatment order; and 8
(ii) section 112(2) applies as if the order were made 9
when the person is received at the authorised 10
mental health service and the document 11
authorising the patient's apprehension is produced 12
to a health service employee at the authorised 13
mental health service.'. 14
Clause 12 Amendment of s 192 (Notice of decision) 15
(1) Section 192(2)(b), `28'-- 16
omit, insert-- 17
`60'. 18
(2) Section 192(4), `7 days after receiving the request'-- 19
omit, insert-- 20
`21 days after receiving the request'. 21
(3) Section 192(6), `7'-- 22
omit, insert-- 23
`21'. 24
Clause 13 Amendment of s 198 (Notice of decision) 25
(1) Section 198(2)(b), `28'-- 26
omit, insert-- 27
`60'. 28
(2) Section 198(4), `7 days after receiving the request'-- 29
omit, insert-- 30
s 14 43 s 16
Health Legislation Amendment Bill 2004
`21 days after receiving the request'. 1
(3) Section 198(7), `7'-- 2
omit, insert-- 3
`21'. 4
Clause 14 Amendment of s 204 (Restrictions on review decisions) 5
Section 204(2), after `division 3'-- 6
insert-- 7
`or section 288B'. 8
Clause 15 Amendment of s 205 (Notice of decision) 9
(1) Section 205(2)(b), `28'-- 10
omit, insert-- 11
`60'. 12
(2) Section 205(4), `7 days after receiving the request'-- 13
omit, insert-- 14
`21 days after receiving the request'. 15
(3) Section 205(6), `7'-- 16
omit, insert-- 17
`21'. 18
Clause 16 Amendment of s 213 (Notice of decision) 19
(1) Section 213(2)(b), `28'-- 20
omit, insert-- 21
`60'. 22
(2) Section 213(4), `7 days after receiving the request'-- 23
omit, insert-- 24
`21 days after receiving the request'. 25
s 17 44 s 19
Health Legislation Amendment Bill 2004
(3) Section 213(6), `7'-- 1
omit, insert-- 2
`21'. 3
Clause 17 Amendment of s 226 (Notice of order or decision to 4
refuse) 5
Section 226(7), `7'-- 6
omit, insert-- 7
`21'. 8
Clause 18 Amendment of s 234 (Notice of decision) 9
(1) Section 234(2)(b), `28'-- 10
omit, insert-- 11
`60'. 12
(2) Section 234(3), `7 days after receiving the request'-- 13
omit, insert-- 14
`21 days after receiving the request'. 15
Clause 19 Insertion of new ss 288A and 288B 16
After section 288-- 17
insert-- 18
`288A Effect of new forensic order on existing forensic order 19
`(1) This section applies if-- 20
(a) the Mental Health Court makes a forensic order for a 21
patient; and 22
(b) a forensic order is already in force for the patient. 23
`(2) If there is any inconsistency between the new forensic order 24
and the old forensic order, including any limited community 25
treatment ordered or approved under the forensic orders, the 26
new forensic order prevails over the old forensic order to the 27
extent of the inconsistency. 28
s 20 45 s 22
Health Legislation Amendment Bill 2004
`288B Mental Health Court may approve interstate move of 1
patient 2
`(1) If the Mental Health Court is making a forensic order 3
mentioned in section 288(2) for a patient, the court may, under 4
the order, approve that the patient move out of Queensland. 5
`(2) However, the court may approve that the patient move out of 6
Queensland only if it is satisfied appropriate arrangements 7
exist for the patient's treatment or care at the place where the 8
patient is to move. 9
`(3) Also, the court may impose the reasonable conditions on the 10
approval the court considers appropriate.'. 11
Clause 20 Amendment of s 289 (Mental Health Court may order, 12
approve or revoke limited community treatment) 13
(1) Section 289(1), `, may under the forensic order for the 14
patient'-- 15
omit, insert-- 16
`may, under the forensic order for the patient, decide to do any 17
1 or more of the following'. 18
(2) Section 289(1)(a) and (b), `; or'-- 19
omit, insert-- 20
`;'. 21
Clause 21 Amendment of s 321 (How to start appeal) 22
Section 321(2)(a) and (b), `28'-- 23
omit, insert-- 24
`60'. 25
Clause 22 Amendment of s 458 (Confidentiality orders) 26
Section 458(1)-- 27
insert-- 28
`(d) the reasons for taking or not taking into account material 29
submitted under section 464.'. 30
s 23 46 s 25
Health Legislation Amendment Bill 2004
Clause 23 Insertion of new s 460A 1
After section 460-- 2
insert-- 3
`460A Observer may attend hearing 4
`(1) A person (an observer) may attend a hearing that is not open 5
to the public under section 460 to observe the hearing if-- 6
(a) the president gives approval for the observer's 7
attendance at the hearing; and 8
(b) the person the subject of the hearing has given consent 9
to the observer's attendance. 10
`(2) However, the president may not give approval for an 11
observer's attendance at a hearing if the person the subject of 12
the hearing is a young person.'. 13
Clause 24 Replacement of s 463 (Tribunal may adjourn hearings) 14
Section 463-- 15
omit, insert-- 16
`463 Tribunal may adjourn hearings 17
`The tribunal may adjourn a tribunal hearing for-- 18
(a) a period of not more than 28 days; or 19
(b) if the adjournment is for obtaining an examination and 20
the president has approved that the hearing be adjourned 21
for more than 28 days but less than 61 days--the period 22
approved by the president.'. 23
Clause 25 Replacement of s 465 (Reasons for decision about 24
non-party material) 25
Section 465-- 26
omit, insert-- 27
`465 Reasons for decision about non-party material 28
`(1) This section applies if, under section 464, a person who is not 29
a party to a proceeding before the tribunal submits material to 30
the tribunal. 31
s 26 47 s 28
Health Legislation Amendment Bill 2004
`(2) After making its decision in the proceeding, the tribunal must, 1
if asked by a party to the proceeding or the person who 2
submitted the material, give reasons to the party or person for 3
taking or not taking into account the material. 4
`(3) However, a confidentiality order of the tribunal may displace 5
the requirement to give the reasons for taking or not taking 6
into account the material to the person the subject of the 7
proceeding or the patient.4'. 8
Clause 26 Amendment of s 528 (Confidentiality of 9
information--officials) 10
(1) Section 528(1)(a)(v), `; and'-- 11
omit, insert-- 12
`; or'. 13
(2) Section 528(1)(a)-- 14
insert-- 15
`(vi) another person providing services to the tribunal; 16
and'. 17
Part 4 Amendment of Nursing Act 18
1992 19
Clause 27 Act amended in pt 4 20
This part amends the Nursing Act 1992. 21
Clause 28 Amendment of s 4 (Definitions) 22
(1) Section 4, definition accredited nursing course-- 23
omit. 24
(2) Section 4-- 25
4 See section 458 (Confidentiality orders).
s 29 48 s 29
Health Legislation Amendment Bill 2004
insert-- 1
`accredited nursing course means a nursing course accredited 2
under part 4 and includes an accredited nursing course that 3
has been varied under an approval under section 83I. 4
application fee, for part 4, see section 78. 5
approved form means a form approved by the council under 6
section 141. 7
assessment body, for part 4, see section 78. 8
business name, of a business, means a name or style under 9
which the business is carried on. 10
childbirth, for part 3A, see section 77B. 11
health practitioner registration Act, for part 3A, see 12
section 77B. 13
health professional, for part 3A, see section 77B. 14
information notice, for part 4, see section 78. 15
notice, for part 4, see section 78. 16
profession, for part 3A, see section 77B. 17
professional service, for part 3A, see section 77B. 18
recognised person, for part 3A, see section 77B. 19
show cause notice, for part 4, see section 78. 20
show cause period, for part 4, see section 78.'. 21
Clause 29 Amendment of s 10 (By-laws) 22
(1) Section 10(1) and (3) and heading-- 23
omit. 24
(2) Section 10(2), `by-law'-- 25
omit, insert-- 26
`regulation'. 27
(3) Section 10(2)-- 28
relocate and renumber as section 148(2). 29
s 30 49 s 33
Health Legislation Amendment Bill 2004
Clause 30 Amendment of s 16 (Conduct of meetings) 1
Section 16(1), `the by-laws'-- 2
omit, insert-- 3
`a regulation'. 4
Clause 31 Insertion of new s 16B 5
After section 16A-- 6
insert-- 7
`16B Minutes 8
`The council must keep minutes of its meetings.'. 9
Clause 32 Amendment of s 48 (The register) 10
Section 48(3)(a)-- 11
omit, insert-- 12
`(a) the following particulars in relation to each person who 13
is a registered nurse-- 14
(i) the person's name; 15
(ii) the person's date of birth; 16
(iii) the person's residential address; 17
(iv) relevant qualifications held by the person; 18
(v) any authorisations held by the person to practise 19
midwifery, mental health nursing or nursing in 20
another area of nursing; 21
(vi) the person's registration number; 22
(vii) the date the person was registered; 23
(viii) any other particulars prescribed under a regulation; 24
and'. 25
Clause 33 Amendment of s 49 (The roll) 26
Section 49(3)(a)-- 27
omit, insert-- 28
s 34 50 s 35
Health Legislation Amendment Bill 2004
`(a) the following particulars in relation to each person who 1
is an enrolled nurse-- 2
(i) the person's name; 3
(ii) the person's date of birth; 4
(iii) the person's residential address; 5
(iv) relevant qualifications held by the person; 6
(v) any authorisations held by the person to practise 7
midwifery, mental health nursing or in another area 8
of nursing; 9
(vi) the person's enrolment number; 10
(vii) the date the person was enrolled; 11
(viii) any other particulars prescribed under a regulation; 12
and'. 13
Clause 34 Amendment of s 53 (Inspection of register or roll etc.) 14
Section 53(2)-- 15
omit, insert-- 16
`(2) Subsection (1) does not apply to the following particulars 17
contained in the register or roll-- 18
(a) a person's date of birth; 19
(b) a person's residential address; 20
(c) another particular prescribed under a regulation.'. 21
Clause 35 Amendment of s 62 (Copies of certificates to be issued 22
on application) 23
(1) Section 62, heading-- 24
omit, insert-- 25
`62 Nurse must notify council if certificate of registration or 26
enrolment lost or destroyed'. 27
(2) Section 62-- 28
renumber as section 62(2). 29
s 36 51 s 37
Health Legislation Amendment Bill 2004
(3) Section 62-- 1
insert-- 2
`(1) A nurse whose certificate of registration or enrolment is lost 3
or destroyed must give the council written notice of the loss or 4
destruction of the certificate, unless the nurse has a reasonable 5
excuse. 6
Maximum penalty--1 penalty unit.'. 7
Clause 36 Amendment of s 72 (Restoration of registration or 8
enrolment in certain cases) 9
(1) Section 72-- 10
insert-- 11
`(1A) A person whose registration or enrolment has been cancelled 12
as mentioned in subsection (1) may apply to the council for 13
the restoration of the person's registration or enrolment. 14
`(1B) The application must be-- 15
(a) in the approved form; and 16
(b) accompanied by the fee prescribed under a regulation.'. 17
(2) Section 72(2), after `considering'-- 18
insert-- 19
`the application and'. 20
(3) Section 72(1A) to (2)-- 21
renumber as section 72(2) to (4). 22
Clause 37 Amendment of s 74 (Fees for annual licence certificates) 23
Section 74(3) and (5), `by-law'-- 24
omit, insert-- 25
`regulation'. 26
s 38 52 s 39
Health Legislation Amendment Bill 2004
Clause 38 Amendment of pt 3, div 5 hdg 1
Part 3, division 5, heading, after `practise'-- 2
insert-- 3
`midwifery or'. 4
Clause 39 Insertion of new pt 3A 5
Before part 4-- 6
insert-- 7
`Part 3A Restrictions and holding out 8
`77B Definitions for pt 3A 9
`In this part-- 10
childbirth means the process of labour and delivery beginning 11
with uterine contractions and ending with the expulsion of the 12
placenta and membranes from the woman giving birth. 13
health practitioner registration Act means any 1 of the 14
following Acts-- 15
· Chiropractors Registration Act 2001 16
· Dental Practitioners Registration Act 2001 17
· Dental Technicians and Dental Prosthetists Registration 18
Act 2001 19
· Medical Practitioners Registration Act 2001 20
· Medical Radiation Technologists Registration Act 2001 21
· Occupational Therapists Registration Act 2001 22
· Optometrists Registration Act 2001 23
· Osteopaths Registration Act 2001 24
· Pharmacists Registration Act 2001 25
· Physiotherapists Registration Act 2001 26
· Podiatrists Registration Act 2001 27
· Psychologists Registration Act 2001 28
s 39 53 s 39
Health Legislation Amendment Bill 2004
· Speech Pathologists Registration Act 2001. 1
health professional means a registrant under a health 2
practitioner registration Act. 3
profession means-- 4
(a) the nursing profession as practised by a registered nurse; 5
or 6
(b) the nursing profession as practised by an enrolled nurse; 7
or 8
(c) the midwifery profession as practised by a midwife. 9
professional service means-- 10
(a) for the nursing profession as practised by a registered 11
nurse--a service ordinarily provided by a registered 12
nurse; or 13
(b) for the nursing profession as practised by an enrolled 14
nurse--a service ordinarily provided by an enrolled 15
nurse; or 16
(c) for the midwifery profession--a midwifery service. 17
recognised person, for a profession, means-- 18
(a) for the nursing profession as practised by a registered 19
nurse--a registered nurse; or 20
(b) for the nursing profession as practised by an enrolled 21
nurse--an enrolled nurse; or 22
(c) for the midwifery profession--a midwife. 23
`77C Taking of restricted titles etc. 24
`(1) A person who is not a recognised person for a profession must 25
not take or use a restricted title for the profession. 26
Maximum penalty--1 000 penalty units. 27
28
Examples of an individual taking or using a restricted title--
29
1 AB describes himself or herself as `AB, registered nurse'.
30
2 AB describes himself or herself as `AB, enrolled nurse'.
31
3 AB describes himself or herself as `AB, midwife'.
`(2) Subsection (1) does not apply to a person if-- 32
s 39 54 s 39
Health Legislation Amendment Bill 2004
(a) the person takes or uses a restricted title for a profession 1
as part of a business name for a business providing 2
professional services in the profession; and 3
(b) in the carrying on of the business by the person, a 4
recognised person for the profession provides 5
professional services in the profession. 6
`(3) Also, subsection (1) does not apply to a person if-- 7
(a) the person is undertaking an accredited nursing course 8
for a profession; and 9
(b) the person takes or uses a restricted title for the 10
profession, in conjunction with words indicating the 11
person is a student in the profession. 12
`(4) A person (the first person) must not, in relation to another 13
person who the first person knows, or ought reasonably to 14
know, is not a recognised person for a profession, use a 15
restricted title for the profession. 16
Maximum penalty--1 000 penalty units. 17
`(5) Subsection (4) does not apply to the first person if-- 18
(a) the other person is undertaking an accredited nursing 19
course for a profession; and 20
(b) the first person uses a restricted title for the profession in 21
relation to the other person, in conjunction with words 22
indicating the other person is a student in the profession. 23
`(6) A person who is not a recognised person for a profession must 24
not take or use a nursing related title for the profession. 25
Maximum penalty--500 penalty units. 26
`(7) Subsection (6) does not apply to a person if-- 27
(a) the person is undertaking an accredited nursing course 28
for a profession; and 29
(b) the person takes or uses a nursing related title for the 30
profession, in conjunction with words indicating the 31
person is a student in the profession. 32
`(8) A person (the first person) must not, in relation to another 33
person who the first person knows, or ought reasonably to 34
s 39 55 s 39
Health Legislation Amendment Bill 2004
know, is not a recognised person for a profession use a 1
nursing related title for the profession. 2
Maximum penalty--500 penalty units. 3
`(9) Subsection (8) does not apply to the first person if-- 4
(a) the other person is undertaking an accredited nursing 5
course for a profession; and 6
(b) the first person uses a nursing related title for the 7
profession in relation to the other person, in conjunction 8
with words indicating the other person is a student in the 9
profession. 10
`(10) In this section-- 11
nursing related title, for a profession, means a title (other than 12
a restricted title), name, initial, symbol, word or description 13
that, having regard to the circumstances in which it is taken or 14
used, indicates or could be reasonably understood to 15
indicate-- 16
(a) a person is a recognised person for the profession; or 17
(b) the person is, under this Act, authorised or qualified to 18
practise the profession. 19
restricted title means a title that consists of, or includes-- 20
(a) for the nursing profession as practised by a registered 21
nurse--registered nurse; or 22
(b) for the nursing profession as practised by an enrolled 23
nurse--enrolled nurse; or 24
(c) for the midwifery profession--midwife. 25
`77D Claims by persons as to registration etc. 26
`(1) A person who is not a recognised person for a profession must 27
not-- 28
(a) claim, or hold himself or herself out, to be a recognised 29
person for the profession; or 30
(b) allow himself or herself to be held out as being a 31
recognised person for the profession; or 32
s 39 56 s 39
Health Legislation Amendment Bill 2004
(c) claim, or hold himself or herself out, to be eligible to be 1
a recognised person for the profession. 2
Maximum penalty--1 000 penalty units. 3
`(2) A person who is not, under this Act, authorised to practise in 4
an area of nursing must not-- 5
(a) claim, or hold himself or herself out, to be authorised to 6
practise in the area of nursing; or 7
(b) allow himself or herself to be held out as being 8
authorised to practise in the area of nursing; or 9
(c) claim, or hold himself or herself out, to be eligible to be 10
authorised to practise in the area of nursing. 11
Maximum penalty--1 000 penalty units. 12
`77E Claims by persons as to other persons' 13
registration etc. 14
`A person must not hold out another person as being-- 15
(a) a recognised person for a profession if the person 16
knows, or ought reasonably to know, the other person is 17
not a recognised person for the profession; or 18
(b) authorised under this Act to practise in an area of 19
nursing if the person knows, or ought reasonably to 20
know, the other person is not authorised to practise in 21
the area of nursing. 22
Maximum penalty--1 000 penalty units. 23
`77F Restrictions on persons with conditional, provisional 24
or limited registration or enrolment 25
`A person whose registration or enrolment is subject to a 26
condition, or is provisional or limited must not-- 27
(a) claim, or hold himself or herself out to be registered or 28
enrolled other than as-- 29
(i) subject to the condition; or 30
(ii) provisionally; or 31
(iii) subject to the limitation; or 32
s 39 57 s 39
Health Legislation Amendment Bill 2004
(b) allow himself or herself to be held out as being 1
registered or enrolled other than as-- 2
(i) subject to the condition; or 3
(ii) provisionally; or 4
(iii) subject to the limitation. 5
Maximum penalty--100 penalty units. 6
`77G Restrictions on persons with conditional authorisation 7
`A person whose authorisation, under this Act, to practise 8
nursing or midwifery is subject to a condition must not-- 9
(a) claim, or hold himself or herself out to be authorised 10
other than as subject to the condition; or 11
(b) allow himself or herself to be held out as being 12
authorised other than as subject to the condition. 13
Maximum penalty--100 penalty units. 14
`77H Restrictions on practising nursing 15
`(1) A person must not practise nursing unless the person is-- 16
(a) a registered nurse practising the profession as practised 17
by a registered nurse; or 18
(b) an enrolled nurse practising the profession as practised 19
by an enrolled nurse; or 20
(b) authorised under this Act to practise in an area of 21
nursing and practising in the area. 22
Maximum penalty--1 000 penalty units. 23
`(2) Subsection (1) does not apply to caring for a woman in 24
childbirth.5 25
`(3) Also, subsection (1) does not apply to-- 26
(a) a health professional carrying out, in the practise of the 27
person's profession, an activity that would ordinarily be 28
carried out in the practise of the profession; or 29
5 See section 77I (Restrictions on caring for a woman in childbirth).
s 39 58 s 39
Health Legislation Amendment Bill 2004
(b) a person engaged in providing a health service and 1
carrying out an activity that is within the person's 2
professional training and expertise; or 3
(c) a person, including, for example, a nursing assistant, 4
practising under the supervision of a registered nurse; or 5
(d) a person who is-- 6
(i) undertaking an accredited nursing course for 7
qualification for registration as a registered nurse 8
or enrolment as an enrolled nurse; and 9
(ii) practising under the supervision of a registered 10
nurse; or 11
(e) a person who is-- 12
(i) undertaking study or training for qualification for 13
registration as a health professional; and 14
(ii) practising under the supervision of a health 15
professional for the relevant health profession or a 16
registered nurse; and 17
(iii) carrying out an activity that would ordinarily be 18
carried out in the practise of the relevant health 19
profession; or 20
(f) a person who is-- 21
(i) undertaking a midwifery course accredited by the 22
council; and 23
(ii) practising under the supervision of a midwife; and 24
(iii) carrying out an activity as part of the course that 25
would ordinarily be carried out by a midwife; or 26
(g) a person giving help in an emergency; or 27
(h) a person carrying out an activity for which no fee or 28
reward is expected or received. 29
30
Examples for paragraph (h)--
31
1 A mother nurses a sick child at home.
32
2 A person nurses an elderly parent at home.
`(4) Without limiting subsection (1), a person may be practising 33
nursing even if the person carries out 1 or more activities, 34
s 39 59 s 39
Health Legislation Amendment Bill 2004
usually carried out in the practise of nursing, on 1 occasion 1
only or only on a limited number of occasions. 2
`77I Restrictions on caring for a woman in childbirth 3
`(1) A person must not care for a woman in childbirth unless the 4
person is authorised under this Act to practise midwifery. 5
Maximum penalty--1 000 penalty units. 6
`(2) Subsection (1) does not apply to-- 7
(a) any of the following persons carrying out, in the practise 8
of the person's profession, an activity that would 9
ordinarily be carried out in the practise of the 10
profession-- 11
(i) a registered nurse; 12
(ii) an enrolled nurse; 13
(iii) a person authorised under this Act to practise 14
nursing in an area of nursing other than midwifery; 15
(iv) a health professional; or 16
(b) a person acting under the supervision of a midwife or a 17
medical practitioner; or 18
(c) a person undertaking, under the supervision of a medical 19
practitioner or midwife, a midwifery course accredited 20
by the council; or 21
(d) a person who is-- 22
(i) undertaking an accredited nursing course for 23
qualification for registration as a registered nurse 24
or enrolment as an enrolled nurse; and 25
(ii) practising under the supervision of a registered 26
nurse; and 27
(iii) carrying out an activity as part of the course that 28
would ordinarily be carried out by a registered 29
nurse or an enrolled nurse; or 30
(e) a person who is-- 31
(i) undertaking study or training for qualification for 32
registration as a health professional; and 33
s 40 60 s 40
Health Legislation Amendment Bill 2004
(ii) practising under the supervision of a health 1
professional for the relevant health profession; and 2
(iii) carrying out an activity that would ordinarily be 3
carried out in the practise of the relevant health 4
profession; or 5
(f) a person giving help in an emergency; or 6
(g) a person carrying out activities for which no fee or 7
reward is expected or received.'. 8
Clause 40 Replacement of pt 4 (Accreditation of nursing courses) 9
Part 4-- 10
omit, insert-- 11
`Part 4 Accreditation of nursing 12
courses 13
`Division 1 Preliminary 14
`78 Definitions for pt 4 15
`In this part-- 16
application fee see section 79(2)(b)(i). 17
assessment body means a body recognised by the council as 18
competent to assess standards of nursing education. 19
information notice, for a decision of the council, means a 20
notice stating the following-- 21
(a) the decision; 22
(b) the reason for the decision; 23
(c) that the person to whom the notice is given may appeal 24
against the decision within 28 days; 25
(d) how the person may appeal against the decision to the 26
District Court; 27
(e) if the decision is that the accreditation of a nursing 28
course be renewed or cancelled--a direction to return 29
s 40 61 s 40
Health Legislation Amendment Bill 2004
the certificate of accreditation to the council within 1
14 days. 2
notice means written notice. 3
show cause notice see section 83R(1). 4
show cause period see section 83R(2)(d). 5
`Division 2 Accreditation of nursing course 6
`79 Application for accreditation 7
`(1) A person may apply to the council for accreditation of a 8
nursing course. 9
`(2) The application must-- 10
(a) be in the approved form; and 11
(b) be accompanied by-- 12
(i) the fee (the application fee) prescribed under a 13
regulation; and 14
(ii) any other documents, identified in the approved 15
form, the council reasonably requires. 16
`(3) Information in the application must, if the approved form 17
requires, be verified by a statutory declaration. 18
`80 Late applications 19
`(1) This section applies if the application is made after the day 20
prescribed under a regulation. 21
`(2) In addition to the application fee, the application must be 22
accompanied by the fee (the late fee) prescribed under a 23
regulation. 24
`(3) If the council reasonably considers there is insufficient time to 25
adequately consider the application having regard to the 26
proposed commencement day for the nursing course, the 27
council must-- 28
(a) refuse to consider the application; and 29
(b) refund the application fee and late fee. 30
s 40 62 s 40
Health Legislation Amendment Bill 2004
`81 Criteria for applications 1
`(1) The council may grant the application only if it is satisfied the 2
standard of education offered by the nursing course is 3
sufficient to enable persons undertaking the nursing course to 4
gain the skills and knowledge necessary to competently and 5
safely practise in the area of nursing to which the nursing 6
course relates. 7
`(2) In deciding the application, the council may have regard to the 8
following-- 9
(a) the duration, structure and content of the nursing course, 10
including theoretical and clinical experience 11
components; 12
(b) the nature of the assessment, and supervision, of 13
students by teaching staff to take place under the nursing 14
course; 15
(c) the status of the nursing course under another Act; 16
(d) the resources and facilities that will be available under 17
the nursing course; 18
(e) the management, staffing and record-keeping policies 19
and practices of the school of nursing that will conduct 20
the nursing course; 21
(f) the advice and recommendation of an assessment body. 22
`82 Protection from liability 23
`(1) This section applies if an assessment body, honestly and on 24
reasonable grounds, gives advice, or makes a 25
recommendation, to the council under section 81(2)(f). 26
`(2) A discloser is not liable, civilly, criminally or under an 27
administrative process, for disclosing information contained 28
in the advice or recommendation. 29
`(3) Without limiting subsection (2)-- 30
(a) in a proceeding for defamation, the discloser has a 31
defence of absolute privilege for publishing the 32
disclosed information; and 33
s 40 63 s 40
Health Legislation Amendment Bill 2004
(b) if the discloser would otherwise be required to maintain 1
confidentiality about the disclosed information under an 2
Act or oath, or a rule of law or practice, the discloser-- 3
(i) does not contravene the Act, oath, rule of law or 4
practice by disclosing the information; and 5
(ii) is not liable to disciplinary action for disclosing the 6
information. 7
`(4) In this section-- 8
discloser means any of the following-- 9
(a) an assessment body that gives advice, or makes a 10
recommendation, under section 81(2)(f); 11
(b) all the members of that assessment body; 12
(c) each of the members of that assessment body. 13
`83 Inquiries into applications 14
`(1) This section applies if the council reasonably considers 15
further information or a document is required to decide the 16
application. 17
`(2) The council may, by notice given to the applicant within the 18
period prescribed under a regulation, require the applicant to 19
give the council the further information or document within 20
the period stated in the notice. 21
`(3) The period stated in the notice must not be less than the period 22
prescribed under a regulation. 23
`(4) The applicant is taken to have withdrawn the application if the 24
applicant does not comply with the requirement. 25
`83A Decision 26
`(1) The council must consider the application and decide to 27
accredit, or refuse to accredit, the nursing course. 28
`(2) If it decides to accredit the nursing course, the council must as 29
soon as practicable issue an accreditation certificate for the 30
nursing course to the applicant. 31
s 40 64 s 40
Health Legislation Amendment Bill 2004
`(3) If it decides to refuse to accredit the nursing course, the 1
council must as soon as practicable give the applicant an 2
information notice about the decision. 3
`83B Failure to decide applications 4
`If the council fails to decide the application within the period 5
prescribed under a regulation, the council is taken to have 6
decided to refuse to accredit the nursing course. 7
`83C Period of accreditation 8
`The period of accreditation that is to apply to a nursing 9
course is the period, not more than 5 years, stated in the 10
accreditation certificate for the nursing course. 11
`83D Standard condition 12
`It is a condition of the accreditation of an accredited nursing 13
course that the holder of the certificate of accreditation-- 14
(a) allows an inspector to enter, at any reasonable time, a 15
place to examine the holder's operation for the nursing 16
course at the place; and 17
(b) complies with all reasonable requests by an inspector to 18
inspect a document-- 19
(i) relevant to the nursing course; or 20
(ii) necessary to establish the standard at which the 21
course is being conducted; 22
for the purpose of the council considering whether the nursing 23
course and the way of delivering it comply with the 24
accreditation. 25
`83E Conditions 26
`(1) The council may decide to accredit a nursing course subject to 27
the conditions that are relevant and reasonable. 28
s 40 65 s 40
Health Legislation Amendment Bill 2004
1
Example of a condition the council may decide to impose on the
2
accreditation of a nursing course--
3
The nursing course is not to commence until it is also accredited under
4
the Higher Education (General Provisions) Act 2003.
`(2) If the council decides to accredit a nursing course subject to 5
conditions it must as soon as practicable give the applicant an 6
information notice about the decision. 7
`83F Accreditation certificate 8
`(1) An accreditation certificate for a nursing course must be in the 9
approved form. 10
`(2) The approved form must provide for the inclusion of the 11
following-- 12
(a) the name of the nursing course; 13
(b) the name of the holder of the certificate; 14
(c) the period of accreditation; 15
(d) the name and address of the school of nursing 16
conducting the nursing course; 17
(e) any conditions imposed on the accreditation, other than 18
the condition under section 83D. 19
`Division 3 Variation of accredited nursing 20
course 21
`83G Application for approval of variation 22
`(1) The holder of an accreditation certificate for a nursing course 23
may apply to the council for approval of a variation of the 24
accredited nursing course. 25
`(2) The application must-- 26
(a) be in the approved form; and 27
(b) be accompanied by-- 28
(i) the fee prescribed under a regulation; and 29
s 40 66 s 40
Health Legislation Amendment Bill 2004
(ii) any other documents, identified in the approved 1
form, the council reasonably requires. 2
`(3) An application for approval of a variation of an accredited 3
nursing course may not be made during the following 4
periods-- 5
(a) the period between the day prescribed under 6
section 83L(2)(c) and the day the period of accreditation 7
ends; 8
(b) the period between the day an application for renewal of 9
the accreditation is made and the day a decision is made 10
under section 83O about the application; 11
(c) the period between the day a show cause notice has been 12
given to the holder of the accreditation certificate and 13
the day the holder has been given a notice under 14
section 83T(3) that no further action is to be taken about 15
the show cause notice. 16
`83H Inquiries into applications 17
`(1) This section applies if the council reasonably considers 18
further information or a document is required to decide the 19
application. 20
`(2) The council may, by notice given to the applicant, require the 21
applicant to give the council the further information or 22
document within the reasonable period stated in the notice. 23
`(3) The applicant is taken to have withdrawn the application if the 24
applicant does not comply with the requirement. 25
`83I Decision 26
`(1) The council must consider the application and approve, or 27
refuse to approve, the variation of the accredited nursing 28
course. 29
`(2) In making its decision, the council may have regard to the 30
matters to which the council may have regard in deciding 31
whether to accredit a nursing course.6 32
6 See section 81(2) for a list of the matters.
s 40 67 s 40
Health Legislation Amendment Bill 2004
`(3) If, under subsection (2), the council receives advice or a 1
recommendation from an assessment body, section 82 applies 2
to the disclosure of information contained in the advice or 3
recommendation as if the advice or recommendation had been 4
given or made under section 81(2)(f). 5
`(4) Without limiting subsection (2), the council must refuse to 6
approve the variation of the accredited nursing course if the 7
council reasonably considers-- 8
(a) the proposed variation would change the character of the 9
nursing course to the extent that it would no longer be 10
the accredited nursing course; or 11
(b) the proposed variation is within the scope of the 12
accredited nursing course. 13
`(5) If it decides to refuse to approve the variation of the accredited 14
nursing course, the council must as soon as practicable give 15
the applicant an information notice about the decision. 16
`(6) If it decides to approve the variation of the accredited nursing 17
course, the council must as soon as practicable give the 18
applicant a notice about the decision. 19
`(7) The approval of the variation of the accredited nursing course 20
takes effect from the day the holder of the accreditation 21
certificate receives the notice. 22
`83J Failure to decide applications 23
`If the council fails to decide the application within the period 24
prescribed under a regulation, the failure is taken to be a 25
decision by the council to refuse to approve the variation of 26
the accredited nursing course. 27
`83K Refund of fees 28
`(1) This section applies if-- 29
(a) the council refuses under section 83I(4) to approve a 30
variation of an accredited nursing course; or 31
(b) the council is taken, under section 83J, to have decided 32
to refuse to approve a variation of an accredited nursing 33
course. 34
s 40 68 s 40
Health Legislation Amendment Bill 2004
`(2) The council must refund the fee paid under 1
section 83G(2)(b)(i) for the application. 2
`Division 4 Renewal of accreditation 3
`83L Applications for renewal 4
`(1) The holder of an accreditation certificate for a nursing course 5
may apply to the council for the renewal of the accreditation. 6
`(2) The application must-- 7
(a) be in the approved form; and 8
(b) be accompanied by-- 9
(i) the fee prescribed under a regulation; and 10
(ii) any other documents, identified in the approved 11
form, the council reasonably requires; and 12
(c) be given to the council not later than the day prescribed 13
under a regulation. 14
`(3) Information in the application must, if the approved form 15
requires, be verified by a statutory declaration. 16
`83M Inquiries into applications 17
`(1) This section applies if the council reasonably considers 18
further information or a document is required to decide the 19
application. 20
`(2) The council may, by notice given to the applicant within the 21
period prescribed under a regulation, require the applicant to 22
give the council the further information or document within 23
the period stated in the notice. 24
`(3) The period stated in the notice must not be less than the period 25
prescribed under a regulation. 26
`(4) The applicant is taken to have withdrawn the application if the 27
applicant does not comply with the requirement. 28
s 40 69 s 40
Health Legislation Amendment Bill 2004
`83N Accreditation taken to be in force while application 1
is considered 2
`(1) If an application is made under section 83L, the accreditation 3
is taken to continue in force from the day that it would, apart 4
from this section, have expired until the application is decided 5
under section 83O or taken to have been withdrawn under 6
section 83M(4). 7
`(2) However, if the application is refused, the accreditation 8
continues in force until the information notice for the decision 9
is given to the applicant. 10
`(3) Subsection (1) does not apply if the accreditation is earlier 11
cancelled. 12
`83O Decision 13
`(1) The council must consider the application and renew, or 14
refuse to renew, the accreditation. 15
`(2) In making its decision, the council may have regard to the 16
matters to which the council may have regard in deciding 17
whether to accredit the nursing course.7 18
`(3) If, under subsection (2), the council receives advice or a 19
recommendation from an assessment body, section 82 applies 20
to the disclosure of information contained in the advice or 21
recommendation as if the advice or recommendation had been 22
given or made under section 81(2)(f). 23
`(4) If it decides to refuse to renew the accreditation, the council 24
must as soon as practicable give the applicant an information 25
notice about the decision. 26
`(5) If it decides to renew the accreditation, it must as soon as 27
practicable-- 28
(a) endorse the existing accreditation certificate for the 29
nursing course; or 30
(b) cancel the existing certificate and issue another 31
accreditation certificate for the nursing course. 32
7 See section 81(2) for a list of the matters.
s 40 70 s 40
Health Legislation Amendment Bill 2004
`83P Failure to decide application 1
`If the council fails to decide the application within the period 2
prescribed under a regulation, the failure is taken to be a 3
decision by the council to refuse to renew the accreditation of 4
the nursing course. 5
`Division 5 Cancellation of accreditation 6
`83Q Ground for cancellation 7
`(1) The accreditation for a nursing course may be cancelled, 8
under this division, on the ground that-- 9
(a) the holder of the accreditation has contravened a 10
condition of the accreditation; or 11
(b) the nursing course is no longer being conducted in 12
accordance with the accreditation; or 13
(c) it is otherwise no longer appropriate for the nursing 14
course to continue to be accredited. 15
`(2) For forming a belief that the ground exists under 16
subsection (1)(b), the council may have regard to the matters 17
to which the council may have regard in deciding whether to 18
accredit a nursing course.8 19
`(3) If, under subsection (2), the council receives advice or a 20
recommendation from an assessment body, section 82 applies 21
to the disclosure of information contained in the advice or 22
recommendation as if the advice or recommendation had been 23
given or made under section 81(2)(f). 24
`(4) The accreditation of a nursing course may not be cancelled on 25
the ground the nursing course is no longer being conducted in 26
accordance with the accreditation if-- 27
(a) the ground is based on a variation in the accredited 28
nursing course for which an application for approval 29
was made under section 83G by the holder of the 30
accreditation; and 31
8 See section 81(2) for a list of the matters.
s 40 71 s 40
Health Legislation Amendment Bill 2004
(b) the council refused under section 83I(4)(b) to grant the 1
application. 2
`83R Show cause notice 3
`(1) If the council believes a ground exists to cancel the 4
accreditation for a nursing course, the council must before 5
taking action to cancel the accreditation give the holder of the 6
accreditation certificate for the nursing course a notice (a 7
show cause notice). 8
`(2) The show cause notice must state the following-- 9
(a) that the council proposes to cancel the accreditation 10
under this division; 11
(b) the ground for the proposed cancellation; 12
(c) an outline of the facts and circumstances forming the 13
basis for the ground; 14
(d) an invitation to the holder to show within a stated period 15
(the show cause period) why the council should not 16
cancel the accreditation. 17
`(3) The show cause period must be a period that is at least the 18
period prescribed under a regulation. 19
`83S Submissions about show cause notices 20
`(1) The holder of the accreditation certificate may make written 21
submissions about the show cause notice to the council in the 22
show cause period. 23
`(2) The council must consider all written submissions made under 24
subsection (1). 25
`83T Ending show cause process without further action 26
`(1) This section applies if, after considering the submissions 27
about the show cause notice, the council no longer believes 28
the ground exists to cancel the accreditation. 29
`(2) The council must not take any further action about the show 30
cause notice. 31
s 40 72 s 40
Health Legislation Amendment Bill 2004
`(3) The council must give the holder of the accreditation 1
certificate notice that no further action is to be taken about the 2
show cause notice. 3
`83U Cancellation 4
`(1) This section applies if, after considering the submissions 5
about the show cause notice, the council-- 6
(a) still believes the ground exists to cancel the 7
accreditation; and 8
(b) believes cancellation of the accreditation is warranted. 9
`(2) This section also applies if there are no submissions under 10
section 83S(1). 11
`(3) The council may decide to cancel the accreditation. 12
`(4) If the council decides to cancel the accreditation, it must as 13
soon as practicable give an information notice about the 14
decision to the holder of the accreditation certificate. 15
`(5) The decision takes effect on-- 16
(a) the day the information notice is given to the holder; or 17
(b) if a later day of effect is stated in the information notice, 18
the later day. 19
`83V Return of accreditation certificate to council 20
`(1) This section applies if the council decides to cancel the 21
accreditation for a nursing course and gives an information 22
notice for the decision to the holder of the accreditation 23
certificate. 24
`(2) The holder must return the accreditation certificate for the 25
nursing course to the council within 14 days after the decision 26
to cancel the accreditation takes effect under section 83U(5), 27
unless the holder has a reasonable excuse. 28
Maximum penalty--10 penalty units. 29
s 40 73 s 40
Health Legislation Amendment Bill 2004
`Division 6 Offences relating to accreditation 1
`83W Person must not make false claims in relation to 2
nursing course 3
`(1) A person must not advertise that the person is willing or able 4
to provide an accredited nursing course unless the course is 5
accredited under this part. 6
Maximum penalty--10 penalty units. 7
`(2) A person must not do any of the following in relation to a 8
course purporting to be an accredited nursing course or a 9
recognised nursing course if the course is not an accredited 10
nursing course or recognised nursing course-- 11
(a) enrol, or cause another person to enrol, a person in the 12
course; 13
(b) offer to enrol, or enter into an agreement to enrol, a 14
person in the course; 15
(c) collect, or accept, a fee for enrolling a person in the 16
course; 17
(d) invite a person to enrol in the course. 18
Maximum penalty--10 penalty units. 19
`(3) In this section-- 20
recognised nursing course means a course that provides a 21
qualification that is recognised under section 77(3) by the 22
council. 23
`Division 7 General provisions about 24
accreditation 25
`83X Surrender of accreditation 26
`(1) The holder of the accreditation certificate for a nursing course 27
may surrender the accreditation by notice given to the council. 28
`(2) The surrender takes effect-- 29
(a) on the day the notice is given to the council; or 30
s 41 74 s 42
Health Legislation Amendment Bill 2004
(b) if a later day of effect is stated in the notice, on the later 1
day. 2
`(3) The holder must return the accreditation certificate for the 3
nursing course to the council within 14 days after the day the 4
surrender takes effect, unless the holder has a reasonable 5
excuse. 6
Maximum penalty--10 penalty units. 7
`83Y Replacement of accreditation certificates 8
`(1) The holder of the accreditation certificate for a nursing course 9
may apply in writing to the council for the replacement of the 10
certificate if it has been lost, stolen, destroyed or damaged. 11
`(2) The council must consider the application and either grant, or 12
refuse to grant, the application. 13
`(3) The council may grant the application only if the council is 14
satisfied the certificate has been lost, stolen or destroyed, or 15
damaged in a way to require its replacement. 16
`(4) If the council grants the application, the council must, on 17
payment of the fee prescribed under a regulation, issue 18
another certificate to the applicant to replace the lost, stolen, 19
destroyed or damaged certificate. 20
`(5) If the council refuses to grant the application, the council must 21
as soon as practicable give the applicant an information notice 22
about the decision.'. 23
Clause 41 Amendment of s 107 (Summons to witness) 24
Section 107(3), `by by-law'-- 25
omit, insert-- 26
`under a regulation'. 27
Clause 42 Amendment of s 137 (Appeals) 28
Section 137(1)(a)-- 29
insert-- 30
`(ix) to refuse to vary an accredited nursing course; or 31
s 43 75 s 44
Health Legislation Amendment Bill 2004
(x) to refuse to renew the accreditation of an 1
accredited nursing course; or 2
(xi) to cancel the accreditation of an accredited nursing 3
course;'. 4
Clause 43 Replacement of ss 141 and 142 5
Sections 141 and 142-- 6
omit, insert-- 7
`141 Approval of forms 8
`The council may approve forms for use under this Act.'. 9
Clause 44 Insertion of new pt 9, div 5 10
After part 9, division 4-- 11
insert-- 12
`Division 5 Provisions for the Health 13
Legislation Amendment Act 2004 14
`155 Transitional for Health Legislation Amendment 15
Act 2004 16
`(1) A nursing course that is an accredited nursing course 17
immediately before the commencement day continues to be 18
an accredited nursing course, for the same period and subject 19
to the same conditions, after the commencement day as if the 20
grant of an application for accreditation of the nursing course 21
had been made under part 4, division 2. 22
`(2) An application for accreditation of a nursing course made to 23
the council and not finally dealt with before the 24
commencement day is to be dealt with as if the application 25
had been made, on the commencement day, under section 79. 26
`(3) In this section-- 27
commencement day means the day this section commences.'. 28
s 45 76 s 46
Health Legislation Amendment Bill 2004
Part 5 Amendment of Pharmacists 1
Registration Act 2001 2
Clause 45 Act amended in pt 5 3
This part amends the Pharmacists Registration Act 2001. 4
Clause 46 Insertion of pt 4, div 6A 5
Part 4, after section 139-- 6
insert-- 7
`Division 6A Ownership of pharmacy business 8
`139A Definitions 9
`In this division-- 10
friendly society means a company-- 11
(a) that is registered under the Corporations Act under a 12
name that includes the words `friendly society'; and 13
(b) that is not carrying on business for the dominant purpose 14
of securing a profit or pecuniary gain for its members; 15
and 16
(c) for which any object or intention of providing a 17
dividend to its shareholders or members is a limited and 18
not a dominant purpose; and 19
(d) that applies its property and income towards the objects 20
of the company. 21
own, a pharmacy business, includes having a proprietary 22
interest in the pharmacy business. 23
relative, of a registrant, means-- 24
(a) the registrant's spouse; or 25
(b) a child or step-child of the registrant who is at least 26
18 years of age. 27
s 46 77 s 46
Health Legislation Amendment Bill 2004
`139B Restriction on who may own pharmacy business 1
`A person must not own a pharmacy business unless the 2
person is-- 3
(a) a registrant; or 4
(b) a corporation whose shareholders and directors are-- 5
(i) all registrants; or 6
(ii) a combination of registrants and relatives of the 7
registrants; or 8
(c) a friendly society that, at the commencement of this 9
section, operates a pharmacy business in the State or 10
another State; or 11
(d) a friendly society that is an amalgamation of 2 or more 12
friendly societies mentioned in paragraph (c); or 13
(e) Mater Misericordiae Health Services Brisbane Limited 14
ACN 096 708 922. 15
Maximum penalty--200 penalty units. 16
`139C Registrant whose registration is suspended or 17
cancelled may own pharmacy business for limited 18
period 19
`(1) This section applies if-- 20
(a) an individual who is a registrant-- 21
(i) owns a pharmacy business; or 22
(ii) is a director of or a shareholder in a corporation 23
that owns a pharmacy business; and 24
(b) the individual's registration is-- 25
(i) cancelled under this Act; or 26
(ii) suspended or cancelled under the Health 27
Practitioners (Professional Standards) Act 1999. 28
`(2) Despite section 139B, the individual or corporation may 29
continue to own the pharmacy business for the period or 30
periods approved by the board. 31
s 46 78 s 46
Health Legislation Amendment Bill 2004
`(3) In deciding whether to grant an approval under subsection (2), 1
the board must have regard to-- 2
(a) the objects of this Act; and 3
(b) the financial circumstances of the pharmacy business. 4
`(4) Each period approved by the board under subsection (2) must 5
not be more than 3 months. 6
`(5) An individual or corporation who owns a pharmacy business 7
under an approval granted under this section-- 8
(a) must give the board notice of the name of the registrant 9
under whose personal supervision and management the 10
pharmacy business will be carried on under section 141; 11
and 12
(b) if the person is an individual--must not personally 13
provide a professional service; and 14
(c) must comply with any other condition the board 15
reasonably believes is necessary to give effect to this 16
Act and included in the approval. 17
Maximum penalty for subsection (5)--200 penalty units. 18
`139D Person who stops being registrant's spouse may 19
continue as director or shareholder for limited period 20
`(1) This section applies if-- 21
(a) a person is a director or shareholder of a corporation that 22
owns a pharmacy business because of being the spouse 23
of a registrant; and 24
(b) the person stops being the registrant's spouse. 25
`(2) Despite section 139B, the corporation may continue to own 26
the pharmacy business-- 27
(a) during the period starting on the day the person stops 28
being the registrant's spouse and ending 1 year after that 29
day; or 30
(b) during the longer period decided by the board having 31
regard to-- 32
(i) the objects of the Act; and 33
s 46 79 s 46
Health Legislation Amendment Bill 2004
(ii) the financial circumstances of the pharmacy 1
business. 2
`139E Executor, administrator or trustee of registrant's 3
estate may own pharmacy business for limited period 4
`(1) This section applies if, immediately before his or her death, a 5
registrant owned a pharmacy business. 6
`(2) Despite section 139B, the executor, administrator or trustee of 7
the estate of the deceased registrant may continue to operate 8
the business-- 9
(a) during the period starting on the day the registrant dies 10
and ending 1 year after that day; or 11
(b) during the longer period decided by the board having 12
regard to-- 13
(i) the objects of the Act; and 14
(ii) the financial circumstances of the pharmacy 15
business. 16
`139F Friendly society that demutualises may own 17
pharmacy business for limited period 18
`(1) This section applies if-- 19
(a) a company that is a friendly society owns a pharmacy 20
business; and 21
(b) the company demutualises. 22
`(2) Despite section 139B, the company may own the pharmacy 23
business for 6 months after the day of the demutualisation. 24
`(3) In this section-- 25
demutualisation, of a company, means a modification of the 26
constitution of the company, or an issue of shares-- 27
(a) that will result in or allow a modification of the mutual 28
structure of the company; and 29
(b) to which the Corporations Act, schedule 4, part 5, 30
applies. 31
s 46 80 s 46
Health Legislation Amendment Bill 2004
`139G Trustee in bankruptcy and liquidator may own 1
pharmacy business 2
`(1) This section applies if-- 3
(a) a registrant who owns, or is the director of or a 4
shareholder in a corporation that owns, a pharmacy 5
business becomes bankrupt; or 6
(b) a corporation that owns a pharmacy business is in 7
liquidation. 8
`(2) Neither the trustee nor the liquidator commits an offence 9
against section 139B because of being the registrant's trustee 10
or the corporation's liquidator. 11
12
`139H Restriction on number of pharmacy businesses a 13
person may own 14
`(1) A registrant must not own, or be a shareholder in or director of 15
a corporation that owns, more than 5 pharmacy businesses at 16
the same time. 17
Maximum penalty--200 penalty units. 18
`(2) A registrant must not, at the same time, be a shareholder in or 19
director of more than 5 corporations that own pharmacy 20
businesses. 21
Maximum penalty--200 penalty units. 22
`(3) A corporation must not own more than 5 pharmacy businesses 23
at the same time. 24
Maximum penalty--200 penalty units. 25
`(4) A friendly society must not own more than 6 pharmacy 26
businesses at the same time. 27
Maximum penalty--200 penalty units. 28
`(5) Mater Misericordiae Health Services Brisbane Limited ACN 29
096 708 922 must not own more than 6 pharmacy businesses 30
at the same time. 31
Maximum penalty--200 penalty units.'. 32
s 47 81 s 49
Health Legislation Amendment Bill 2004
Clause 47 Amendment of s 141 (Business providing professional 1
services to be carried on under supervision of registrant) 2
(1) Section 141, heading, `Business providing professional 3
services'-- 4
omit, insert-- 5
`Pharmacy business'. 6
(2) Section 141(1), `business providing professional services (a 7
pharmacy business)'-- 8
omit, insert-- 9
`pharmacy business'. 10
Clause 48 Omission of pt 10, div 3 11
Part 10, division 3-- 12
omit. 13
Clause 49 Amendment of sch 4 (Dictionary) 14
Schedule 4-- 15
insert-- 16
`friendly society, for part 4, division 6A, see section 139A. 17
own, for part 4, division 6A, see section 139A. 18
pharmacy business means-- 19
(a) a business providing professional services; but 20
(b) for part 4, division 6A, does not include-- 21
(i) a business operated by the State at a public sector 22
hospital; or 23
(ii) another business at a hospital that provides 24
professional services only to patients at the 25
hospital. 26
relative, for part 4, division 6A, see section 139A.'. 27
s 50 82 s 51
Health Legislation Amendment Bill 2004
Part 6 Amendment and repeal of other 1
legislation 2
Clause 50 Amendment of other legislation 3
The schedule amends the legislation mentioned in it. 4
Clause 51 Repeal 5
The Drugs Standard Adopting Act 1976 Act No. 40 is 6
repealed. 7
83
Health Legislation Amendment Bill 2004
Schedule Other amendments 1
section 50 2
Child Protection Act 1999 3
1 Section 194, heading, `health service employees'-- 4
omit, insert-- 5
`a health services designated person'. 6
2 Section 194(1), `health service employee'-- 7
omit, insert-- 8
`health services designated person'. 9
3 Section 194(3), definitions confidential information and 10
health service employee-- 11
omit, insert-- 12
`confidential information has the meaning given by the 13
Health Services Act 1991, section 60. 14
health services designated person means a designated person 15
under the Health Services Act 1991, section 60.'. 16
Child Safety Legislation Amendment Act (No. 2) 2004 17
1 Section 24, insertion of new section 159O, heading, 18
`health service employees'-- 19
omit, insert-- 20
`a health services designated person'. 21
84
Health Legislation Amendment Bill 2004
Schedule (continued)
2 Section 24, insertion of new section 159O, 1
section 159O(1), `health service employee'-- 2
omit, insert-- 3
`health services designated person'. 4
3 Section 24, insertion of new section 159O, 5
section 159O(4), definitions confidential information and 6
health service employee-- 7
omit, insert-- 8
`confidential information has the meaning given by the 9
Health Services Act 1991, section 60. 10
health services designated person means a designated person 11
under the Health Services Act 1991, section 60.'. 12
4 Section 24, insertion of new section 159R, example, 13
`section 63'-- 14
omit, insert-- 15
`section 62A(1)'. 16
5 Section 46, insertion of new section 31EA, 17
section 31EA(2), example, `section 63'-- 18
omit, insert-- 19
`section 62A(1)'. 20
Chiropractors Registration Act 2001 21
1 Section 131(1), after `against section'-- 22
insert-- 23
`120A,'. 24
85
Health Legislation Amendment Bill 2004
Schedule (continued)
2 Section 201, heading, after `against s'-- 1
insert-- 2
`120A,'. 3
3 Section 201(1), after `against section'-- 4
insert-- 5
`120A,'. 6
4 Part 10, division 2, heading-- 7
omit, insert-- 8
`Division 2 Transitional provisions for Act No. 3 9
of 2001'. 10
5 Part 10-- 11
insert-- 12
`Division 3 Transitional provision for Health 13
Legislation Amendment Act 2004 14
`237 Sections 131 and 201 not to apply to certain convictions 15
for offences against s 120A 16
`(1) This section applies if-- 17
(a) a person is convicted of an offence against 18
section 120A; and 19
(b) the offence was committed before the commencement 20
of this section. 21
`(2) Sections 131 and 201 do not apply in relation to the person's 22
conviction for the offence.'. 23
86
Health Legislation Amendment Bill 2004
Schedule (continued)
Corrective Services Act 2000 1
1 Section 53(8)-- 2
omit, insert-- 3
`(8) If a prisoner is transferred to an authorised mental health 4
service and becomes a classified patient under the Mental 5
Health Act 2000, the patient is taken to be in the custody of 6
the administrator of the patient's treating health service under 7
that Act.'. 8
2 Schedule 3, definition prisoner, paragraph (a), `being 9
detained in an authorised mental health service'-- 10
omit. 11
Dental Practitioners Registration Act 2001 12
1 Section 153(1), after `against section'-- 13
insert-- 14
`139A,'. 15
2 Section 223, heading, after `against s'-- 16
insert-- 17
`139A,'. 18
3 Section 223(1), after `against section'-- 19
insert-- 20
`139A,'. 21
87
Health Legislation Amendment Bill 2004
Schedule (continued)
4 Part 10-- 1
insert-- 2
`Division 5 Transitional provision for Health 3
Legislation Amendment Act 2004 4
`269 Sections 153 and 223 not to apply to certain convictions 5
for offences against s 139A 6
`(1) This section applies if-- 7
(a) a person is convicted of an offence against 8
section 139A; and 9
(b) the offence was committed before the commencement 10
of this section. 11
`(2) Sections 153 and 223 do not apply in relation to the person's 12
conviction for the offence.'. 13
Dental Technicians and Dental Prosthetists 14
Registration Act 2001 15
1 Section 135(1), after `against section'-- 16
insert-- 17
`124A,'. 18
2 Section 205, heading, after `against s'-- 19
insert-- 20
`124A,'. 21
3 Section 205(1), after `against section'-- 22
insert-- 23
`124A,'. 24
88
Health Legislation Amendment Bill 2004
Schedule (continued)
4 Part 10, division 2, heading-- 1
omit, insert-- 2
`Division 2 Transitional provisions for Act No. 5 3
of 2001'. 4
4 Part 10-- 5
insert-- 6
`Division 3 Transitional provision for Health 7
Legislation Amendment Act 2004 8
`240 Sections 135 and 205 not to apply to certain convictions 9
for offences against s 124A 10
`(1) This section applies if-- 11
(a) a person is convicted of an offence against 12
section 124A; and 13
(b) the offence was committed before the commencement 14
of this section. 15
`(2) Sections 135 and 205 do not apply in relation to the person's 16
conviction for the offence.'. 17
Health Act 1937 18
1 Section 100E(6), `section 63'-- 19
omit, insert-- 20
`section 62A(1)'. 21
2 Section 100FO(3), `section 63'-- 22
omit, insert-- 23
`section 62A(1)'. 24
89
Health Legislation Amendment Bill 2004
Schedule (continued)
3 Section 102-- 1
omit. 2
Health Practitioners (Professional Standards) Act 3
1999 4
1 Section 224(9), definition special witness, paragraph (a), 5
`12'-- 6
omit, insert-- 7
`16'. 8
Health Services Act 1991 9
1 Section 2, definition Australian Health Care Agreement, 10
`28 August 1998'-- 11
omit, insert-- 12
`31 August 2003'. 13
Liquor Act 1992 14
1 Section 12(2)(e), `within the meaning of the Pharmacy Act 15
1976, section 5'-- 16
omit. 17
2 Section 12(4)-- 18
insert-- 19
90
Health Legislation Amendment Bill 2004
Schedule (continued)
`pharmacist means a person registered under the Pharmacists 1
Registration Act 2001.'. 2
Mental Health Act 2000 3
1 Sections 70(3)(c), 86(2)(c), 91(3)(c), 216(2)(f), 218(1)(a)(iv), 4
237(4)(c), 245(2)(c), 250(1)(c), 252(d), 286(2)(b), 291(g) and 5
324(2)(c), `chief executive for families'-- 6
omit, insert-- 7
`chief executive for young people'. 8
2 Section 190, `treatment.'-- 9
omit, insert-- 10
`treatment.9'. 11
3 Section 216(4), `subsection (2)'-- 12
omit, insert-- 13
`section 214 or 215'. 14
4 Section 343(c), `section 341'-- 15
omit, insert-- 16
`section 342'. 17
5 Section 530(1)-- 18
omit, insert-- 19
9 See section 457 (Tribunal may order examination) which provides that the tribunal
may order the person the subject of a proceeding to submit to an examination by a
stated psychiatrist, doctor or other health practitioner.
91
Health Legislation Amendment Bill 2004
Schedule (continued)
`(1) For a person (a relevant person) exercising a power under this 1
Act-- 2
(a) a designated person under the Health Services Act 1991, 3
part 7, may disclose information to the relevant person 4
that is confidential information under that part; and 5
(b) the director or an officer, employee or agent of the 6
department may disclose information to the relevant 7
person that is subject to confidentiality under the Private 8
Health Facilities Act 1999, section 147.'. 9
6 Schedule 2, definition chief executive for families, `for 10
families'-- 11
omit, insert-- 12
`for young people'. 13
Optometrists Registration Act 2001 14
1 Section 131(1), after `against section'-- 15
insert-- 16
`120A,'. 17
2 Section 201, heading, after `against s'-- 18
insert-- 19
`120A,'. 20
3 Section 201(1), after `against section'-- 21
insert-- 22
`120A,'. 23
92
Health Legislation Amendment Bill 2004
Schedule (continued)
4 Part 10, division 2, heading-- 1
omit, insert-- 2
`Division 2 Transitional provisions for Act 3
No. 10 of 2001'. 4
5 Part 10-- 5
insert-- 6
`Division 3 Transitional provision for Health 7
Legislation Amendment Act 2004 8
`233 Sections 131 and 201 not to apply to certain convictions 9
for offences against s 120A 10
`(1) This section applies if-- 11
(a) a person is convicted of an offence against 12
section 120A; and 13
(b) the offence was committed before the commencement 14
of this section. 15
`(2) Sections 131 and 201 do not apply in relation to the person's 16
conviction for the offence.'. 17
Penalties and Sentences Act 1992 18
1 Section 176(4), from `section 63' to `administered,'-- 19
omit, insert-- 20
`section 62A(1), does not apply to a designated officer under part 7 21
of that Act'. 22
93
Health Legislation Amendment Bill 2004
Schedule (continued)
Pest Management Act 2001 1
1 Section 26(1)(c), from `a registered chemical product'-- 2
omit, insert-- 3
`an agricultural chemical product under the Chemical Usage 4
(Agricultural and Veterinary) Control Act 1988 in contravention of 5
section 13 or 13A of that Act.'. 6
2 Section 26(4)-- 7
omit. 8
3 Section 136-- 9
omit, insert-- 10
`136 Certain licences not to include activity for timber pests 11
starting on determining day 12
`(1) This section applies if-- 13
(a) on the commencement day a licence held by a pest 14
management technician was a licence under 15
section 133(1) that was not a restricted licence; and 16
(b) during the relevant period the pest management 17
technician's licence was or is renewed under this Act 18
(the renewed licence); and 19
(c) immediately before the determining day, the pest 20
management technician does not have a timber pests 21
qualification. 22
`(2) Starting on the determining day, the renewed licence is taken 23
not to authorise the carrying out of a pest control activity for 24
timber pests. 25
`(3) Subject to subsection (4), the pest management technician 26
must return the technician's renewed licence to the chief 27
executive within 7 days after the determining day, unless the 28
technician has a reasonable excuse. 29
Maximum penalty--10 penalty units. 30
94
Health Legislation Amendment Bill 2004
Schedule (continued)
`(4) Subsection (3) does not apply if the renewed licence states 1
that the pest control activity that may be carried out under the 2
the licence does not include a pest control activity for timber 3
pests after 20 September 2005. 4
`(5) After the chief executive receives the renewed licence, the 5
chief executive must as soon as practicable, issue a new 6
licence to the pest management technician. 7
`(6) In this section-- 8
relevant period means the period commencing on the 9
commencement day and ending immediately before the 10
determining day.'. 11
Private Health Facilities Act 1999 12
1 Section 144(2)(c), `to monitor the general state of health 13
of the public'-- 14
omit, insert-- 15
`to monitor, analyse or evaluate public health'. 16
2 Section 147(4)(f)-- 17
omit, insert-- 18
`(f) the disclosure of the information is required or 19
permitted by an Act or another law; or'. 20
3 Section 147(4)-- 21
insert-- 22
`(h) the disclosure of the information is-- 23
(i) to a person authorised in writing by the chief 24
executive to receive the information for evaluating, 25
managing, monitoring or planning health services; 26
or 27
95
Health Legislation Amendment Bill 2004
Schedule (continued)
(ii) to an entity prescribed under a regulation for this 1
subparagraph for the purpose of evaluating, 2
managing, monitoring or planning health services 3
as stated in the regulation.'. 4
4 Section 147(6)-- 5
omit, insert-- 6
`(6) The chief executive may authorise, in writing, the disclosure 7
of information to a person if the chief executive believes, on 8
reasonable grounds, the disclosure is in the public interest.'. 9
5 Section 147(8) and (9), `Minister'-- 10
omit, insert-- 11
`chief executive'. 12
6 Section 148(2)-- 13
insert-- 14
`(c) section 147(6).'. 15
Radiation Safety Act 1999 16
1 Section 209(7), `section 63'-- 17
omit, insert-- 18
`section 62A(1)'. 19
96
Health Legislation Amendment Bill 2004
Schedule (continued)
Transplantation and Anatomy Act 1979 1
1 After section 23-- 2
insert-- 3
`23A `Authority to access deceased person's medical records 4
`(1) This section applies if, under section 22 or 23, the removal of 5
tissue from the body of a deceased person for transplanting to 6
the body of a living person is authorised. 7
`(2) The senior available next of kin may consent to the disclosure 8
of the deceased person's health record to a health professional 9
for the purposes of the transplantation of the tissue. 10
`(3) Also, for the purposes of obtaining the consent under 11
subsection (2), a designated person may disclose information 12
in the deceased person's health record about the deceased 13
person's next of kin and the next of kin's contact details to 14
another designated person. 15
`(4) This section applies despite the Health Services Act 1991, 16
section 62A(1). 17
`(5) In this section-- 18
designated person has the meaning given by the Health 19
Services Act 1991, section 60. 20
health professional has the meaning given by the Health 21
Services Act 1991, section 60. 22
health record, for a deceased person, means the deceased 23
person's hospital record or another document recording the 24
deceased person's health history, condition and treatment.'. 25
97
Health Legislation Amendment Bill 2004
Schedule (continued)
Transport Operations (Road Use Management) Act 1
1995 2
1 Section 142(3), definition health professional, 3
paragraphs (b) to (d)-- 4
omit, insert-- 5
`(b) a person registered under the Occupational Therapists 6
Registration Act 2001 or a corresponding law to that 7
Act; or 8
(c) a person registered under the Optometrists Registration 9
Act 2001 or a corresponding law to that Act; or 10
(d) a person registered under the Physiotherapists 11
Registration Act 2001 or a corresponding law to that 12
Act.'. 13
2 Schedule 4, definition doctor, paragraph (b), `Medical Act 14
1939'-- 15
omit, insert-- 16
`Medical Practitioners Registration Act 2001'. 17
© State of Queensland 2004
AMENDMENTS TO BILL
1
Health Legislation Amendment Bill 2004
Health Legislation Amendment Bill 2004
Amendments agreed to during Consideration
1 Clause 46--
At page 76, line 26, `or step-child'--
omit.
2 Clause 46--
At page 77, lines 5 to 8--
omit, insert--
`(b) a corporation whose directors and shareholders are all
registrants; or
(ba) a corporation--
(i) whose directors and shareholders are a
combination of registrants and relatives of the
registrants; and
(ii) in which the majority of shares are held by
registrants; and
(iii) in which only registrants hold voting shares; or'.
3 Clause 46--
At page 80, lines 13 to 22--
omit, insert--
`139H Restriction on number of pharmacy businesses in which
a person may have beneficial interest
`(1) A registrant must not have a beneficial interest in more than
5 pharmacy businesses at the same time.
Maximum penalty--200 penalty units.
`(2) For subsection (1), a registrant has a beneficial interest in a
pharmacy business if the registrant--
2
Health Legislation Amendment Bill 2004
(a) owns the pharmacy business; or
(b) is a director of, or shareholder in, a corporation that
owns the pharmacy business.'.
4 Clause 46--
At page 80, after line 32--
insert--
`139I Certain arrangements about control of pharmacy
business void
`A bill of sale, mortgage, lease, franchise, agency or other
service or commercial arrangement for a pharmacy business is
void to the extent it--
(a) gives to a person, other than the owner of the business--
(i) the right to control in whole or part the way in
which the business is carried on; or
(ii) the right to receive any consideration that varies
according to the profits or takings of the business;
or
(b) requires goods or services for the business to be
obtained from a stated person or body.'.'.
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