CHINESE MEDICINE REGISTRATION BILL 1999

Victorian Bills

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

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

CHINESE MEDICINE REGISTRATION BILL 1999

PARLIAMENT OF VICTORIA Chinese Medicine Registration Act 1999 Act No. TABLE OF PROVISIONS Clause Page PART 1--PRELIMINARY 1 1. Purposes 1 2. Commencement 2 3. Definitions 2 PART 2--REGISTRATION 6 Division 1--Procedure for Obtaining Registration 6 4. Application for registration 6 5. Qualifications for general registration 7 6. General registration 7 7. Specific registration 10 8. Endorsement of registration 12 9. Entitlement of applicant to make submissions 14 10. Notification of outcome of application 14 11. Duration and renewal of registration 15 12. Application for renewal of and refusal to renew registration 16 13. Post graduate qualifications 17 14. Restoration of name to the register 17 15. Effect of suspension of registration 18 16. Registration obtained by fraud 18 Division 2--Other Requirements 19 17. The register 19 18. Certificates 20 19. Use of certificate as evidence 21 20. Requirement to notify the Board of change of address 21 21. Provision of information 21 i 532205B.I1-26/5/99

Clause Page PART 3--INVESTIGATIONS INTO REGISTERED PRACTITIONERS 23 Division 1--Preliminary investigations into professional conduct 23 22. Complaints about the professional conduct of practitioners 23 23. When complaints about professional conduct are to be investigated by Health Services Commissioner 23 24. When complaints about professional conduct are to be investigated by the Board 24 25. Outcome of preliminary investigation 25 26. Board may institute a hearing into professional conduct 25 27. Suspension of registration upon commencement of investigation 25 Division 2--Preliminary investigation into the health of registered practitioners 26 28. Commencement of preliminary investigation 26 29. Notification to practitioner 26 30. Medical examination 27 31. Report of examination 27 32. Outcome of preliminary investigation 28 33. Referral to formal hearing 29 34. Request for conditions, limitations or restrictions 29 35. Revocation of suspension of registration or condition, limitation or restriction imposed on registration 30 36. Immediate suspension of registration 30 Division 3--Formal and Informal Hearings 31 37. Establishment and notification of an informal hearing 31 38. Constitution of a panel for an informal hearing 31 39. Notice of an informal hearing 32 40. Conduct of an informal hearing 33 41. Findings and determinations of an informal hearing 33 42. Change of informal hearing to formal hearing during course of hearing 34 43. Request for formal hearing upon completion of informal hearing 34 44. Establishment and notification of formal hearing 34 45. Constitution of a hearing panel for a formal hearing 35 46. Notice of a formal hearing 36 47. Conduct of a formal hearing 36 48. Findings and determinations of a formal hearing into conduct 37 49. Findings and determinations of a formal hearing into ability to practise 39 Division 4--General Provisions relating to Investigations 39 ii 532205B.I1-26/5/99

Clause Page 50. Investigation may continue even if person no longer registered 39 51. Procedure at formal and informal hearings 40 52. Powers of panel conducting a formal hearing 40 53. Determinations 40 54. Removal of suspension, condition, limitation or restriction 41 55. Reasons for determinations of panel or Board 41 56. Notifications 41 57. Offence to disclose information identifying complainant, witness or practitioner 43 58. Terms and conditions of appointment of panel members 43 PART 4--REVIEW BY VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL 45 59. Review by VCAT 45 60. Notification 46 PART 5--OFFENCES 47 61. Claims by persons as to registration 47 62. Fraud, forgery etc. 50 63. Advertising 50 64. Advertising guidelines 51 65. Power of the courts to require corrective advertising 52 66. Exemptions 53 PART 6--ADMINISTRATION 54 67. Establishment of Board 54 68. Powers, functions and consultation requirements 54 69. Membership of the Board 56 70. Terms of office 57 71. Resignation and removal 57 72. President and Deputy President 58 73. Acting member 58 74. Payment of members 59 75. Procedure of Board 59 76. Member's interests 59 77. Resolutions without meetings 60 78. Approved methods of communication for Board 61 79. Effect of vacancy or defect 61 80. Immunity 62 81. Staff 62 82. Delegation 62 PART 7--REPORTING AND FINANCIAL PROVISIONS 64 83. Chinese Medicine Registration Board Fund 64 iii 532205B.I1-26/5/99

Clause Page 84. Investment powers 64 85. Repayment of advances 64 PART 8--ENFORCEMENT AND SUPPLEMENTARY POWERS 66 86. Proceedings for offences 66 87. Identification 66 88. Powers of entry with warrant 66 89. Announcement before entry 68 90. Copy of warrant to be given to occupier 68 91. Copies or receipts to be given 68 92. Powers of Board in relation to fees 69 PART 9--MISCELLANEOUS 70 93. Supreme Court--limitation of jurisdiction 70 94. Regulations 70 PART 10--AMENDMENTS AND TRANSITIONAL 72 Division 1--Transitional 72 95. Existing qualifications and first appointments to Board 72 Division 2--Drugs, Poisons and Controlled Substances Act 1981 73 96. New definitions 73 97. Amendment to heading to the Poisons List 74 98. Minister's powers to amend Poisons List in respect of Schedule 1 poisons 74 99. Authorisation to have possession etc. of Schedule 1 poisons 75 100. New section 13A inserted 77 13A. Chinese medicine practitioners and herbal dispensers must establish therapeutic need 77 101. Special provision for Chinese medicine practitioners and herbal dispensers 78 102. Authorities for wholesalers 78 103. Wholesalers 79 104. Exemptions for labelling requirements 79 105. Consequential amendments relating to Schedule 1 poisons 79 106. Regulations 80 107. Old transitional references 80 Division 3--Other Amendments 81 108. Amendment of Health Act 1958 81 iv 532205B.I1-26/5/99

Clause Page 109. Amendment of Pharmacists Act 1974 81 110. Health Services (Conciliation and Review) Act 1987 81 111. Other amendments 82 __________________ SCHEDULE--Amendments 83 NOTES 88 v 532205B.I1-26/5/99

PARLIAMENT OF VICTORIA A BILL to make provision for the registration of and investigations into the professional conduct and fitness to practise of registered practitioners of Chinese medicine and dispensers of Chinese herbs, to regulate Chinese medicine and herbal dispensing services, to regulate the advertising of Chinese medicine and herbal dispensing services, to establish a Chinese Medicine Registration Board of Victoria and a Chinese Medicine Registration Board Fund and for other purposes. Chinese Medicine Registration Act 1999 The Parliament of Victoria enacts as follows: PART 1--PRELIMINARY 1. Purposes The main purposes of this Act are-- (a) to protect the public by providing for the 5 registration of practitioners of Chinese 1 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 2 Act No. medicine and dispensers of Chinese herbs and investigations into the professional conduct and fitness to practise of registered practitioners of Chinese medicine and 5 dispensers of Chinese herbs; and (b) to regulate the advertising of Chinese medicine and Chinese herbal dispensing services; and (c) to establish the Chinese Medicine 10 Registration Board of Victoria and the Chinese Medicine Registration Board Fund; and (d) to amend the Drugs, Poisons and Controlled Substances Act 1981 and make 15 consequential amendments to other Acts; and (e) to provide for other related matters. 2. Commencement (1) This Part comes into operation on the day on 20 which this Act receives the Royal Assent. (2) Subject to sub-section (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed. (3) If a provision referred to in sub-section (3) does 25 not come into operation before 1 December 2001, it comes into operation on that day. 3. Definitions In this Act-- "alcoholic" has the same meaning as in the 30 Alcoholics and Drug-dependent Persons Act 1968; 2 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 3 Act No. "Board" means the Chinese Medicine Registration Board of Victoria established under Part 6; "division", in relation to the register, means a 5 division of the register; "drug-dependent person" has the same meaning as in the Alcoholics and Drug-dependent Persons Act 1968; "Fund" means the Chinese Medicine Registration 10 Board Fund established under Part 7; "Health Services Commissioner" means the Health Services Commissioner within the meaning of the Health Services (Conciliation and Review) Act 1987; 15 "lawyer" means a person admitted to practise as a barrister and solicitor of the Supreme Court; "register" means the Register of Chinese Medicine kept under Part 2; 20 "registered Chinese herbal dispenser" means a person registered as a Chinese herbal dispenser under Part 2, whether the registration is general or specific; "registered Chinese medicine practitioner" 25 means a person registered as a Chinese medicine practitioner under Part 2, whether as a Chinese herbal medicine practitioner or as an acupuncturist or both and whether the registration is general or specific; 30 "registered medical practitioner" means a registered medical practitioner within the meaning of the Medical Practice Act 1994; 3 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 3 Act No. "registered practitioner" means a person registered as a Chinese medicine practitioner or a Chinese herbal dispenser under Part 2, whether the registration is general or 5 specific; "unprofessional conduct" means all or any of the following-- (a) professional conduct which is of a lesser standard than that which the 10 public might reasonably expect of a registered practitioner; or (b) professional conduct which is of a lesser standard than that which might reasonably be expected of a registered 15 practitioner by his or her peers; or (c) professional misconduct; or (d) infamous conduct in a professional respect; or (e) providing a person with health services 20 of a kind that is excessive, unnecessary or not reasonably required for that person's well-being; or (f) influencing or attempting to influence the conduct of a Chinese medicine 25 practice or the practice of a Chinese herbal dispenser in such a way that patient care may be compromised; or (g) the failure to act as a Chinese medicine practitioner or Chinese herbal dispenser 30 when required under an Act or regulations to do so; or (h) the contravention of or failure to comply with a condition, limitation or restriction on the registration of the 35 Chinese medicine practitioner or 4 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 3 Act No. Chinese herbal dispenser imposed by or under this Act; (i) a finding of guilt of-- (i) an indictable offence in Victoria, 5 or an equivalent offence in another jurisdiction; or (ii) an offence if the registered practitioner's ability to continue to practise is likely to be affected 10 because of the finding of guilt or if it is not in the public interest to allow the practitioner to continue to practise because of the finding of guilt; or 15 (iii) an offence under this Act or the regulations; or (iv) an offence as a Chinese medicine practitioner or Chinese herbal dispenser under any other Act or 20 regulations. _______________ 5 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 4 Act No. PART 2--REGISTRATION Division 1--Procedure for Obtaining Registration 4. Application for registration (1) A natural person may apply to the Board for 5 registration as all or any of the following-- (a) a Chinese herbal medicine practitioner; (b) an acupuncturist; (c) a Chinese herbal dispenser. (2) An application must-- 10 (a) be in writing and contain the prescribed information; and (b) specify the type of registration applied for; and (c) be accompanied by evidence of the 15 qualifications which the applicant claims entitle him or her to the type of registration applied for; and (d) be accompanied by the fee fixed by the Board. 20 (3) The Board may require-- (a) the applicant to provide-- (i) evidence that the applicant will, at the time of commencing to practise Chinese medicine or dispense Chinese 25 herbs, be covered by any insurance required by the Board against civil liability in connection with that practice or dispensing; (ii) details of any information required by 30 section 21; 6 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 5 Act No. (iii) an English translation of any document that accompanies his or her application; (iv) further information or material in respect of the application; 5 (b) that the information in the application be verified by a declaration under section 107 of the Evidence Act 1958; (c) proof of identity of the person making the application. 10 5. Qualifications for general registration A person is qualified for general registration as a Chinese medicine practitioner or a Chinese herbal dispenser if that person-- (a) has successfully completed a course of study 15 approved by the Board; or (b) in the opinion of the Board, has a qualification that is substantially equivalent or is based on similar competencies to a course of study approved by the Board; or 20 (c) has passed an examination set by or on behalf of the Board; or (d) has a qualification that is recognised in another State or Territory of the Commonwealth for the purposes of 25 undertaking work of a similar nature to that which a person, holding a qualification to which paragraph (a), (b) or (c) applies, is qualified to undertake. 6. General registration 30 (1) The Board must grant general registration as a Chinese medicine practitioner or a Chinese herbal dispenser to an applicant if-- 7 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 6 Act No. (a) the applicant is qualified for registration under section 5; and (b) in the case of an applicant who has not been registered under this section before, the 5 applicant completed the course of study, obtained the qualification or passed the examination referred to in section 5 within the 5 years preceding the application; and (c) in the case of an applicant who has been 10 registered under this section before, the applicant has practised Chinese medicine or dispensed Chinese herbs within the 5 years preceding the application; and (d) there are no grounds under sub-section (2) 15 under which the Board may refuse to grant registration to the applicant; and (e) the circumstances are such that section 7 does not apply; and (f) the applicant has provided the information 20 required under section 4; and (g) the applicant has paid the fee required by section 4(2)(d). (2) The Board may refuse to grant registration to an applicant on any one or more of the following 25 grounds-- (a) that the character of the applicant is such that it would not be in the public interest to allow the applicant to practise as a registered practitioner; 30 (b) that the applicant is unfit to practise as a registered practitioner because he or she is an alcoholic or drug-dependent person; 8 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 6 Act No. (c) that the applicant has been found guilty of an indictable offence in Victoria or an equivalent offence in another jurisdiction; (d) that the applicant has been found guilty of an 5 offence where the ability of the applicant to practise is likely to be affected because of the finding of guilt or where it is not in the public interest to allow the applicant to practise because of the finding of guilt; 10 (e) that the applicant has previously been registered under this Act and during the course of that registration has had proceedings under Part 3 brought against him or her and those proceedings have never 15 been finalised; (f) that, in the opinion of the Board, the applicant is unfit to be registered because he or she has a physical or mental incapacity which significantly impairs his or her ability 20 to practise as a registered practitioner; (g) that the applicant's competency in speaking or otherwise communicating in English is not sufficient for that person to practise as a registered practitioner; 25 (h) that the applicant has previously held a right to practise as a practitioner in another State or Territory or another country, being the equivalent of registration as a practitioner under this Act, and that right has been 30 cancelled or suspended and not restored because of conduct which, if committed within Victoria, would entitle the Board to suspend or cancel the registration; (i) that, in the opinion of the Board, the 35 practitioner does not have adequate 9 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 7 Act No. arrangements for the professional indemnity insurance required by the Board. (3) The Board may impose any condition, limitation or restriction it thinks appropriate on registering a 5 person including a condition that-- (a) the practitioner must hold professional indemnity insurance against civil liability in connection with the practice of Chinese medicine or the dispensing of Chinese herbs 10 during the course of that practice or dispensing; or (b) the practice of Chinese medicine by the person or the dispensing of Chinese herbs by the person must be covered by professional 15 indemnity insurance against civil liability in connection with the practice of Chinese medicine or the dispensing of Chinese herbs; or (c) the practitioner must be specified or referred 20 to in professional indemnity insurance against civil liability in connection with the practice of Chinese medicine or the dispensing of Chinese herbs, whether by name or otherwise, as a person to whom the 25 insurance cover extends, even though the practitioner is not a party to the insurance. (4) The Board may, upon application by the registered practitioner, amend, vary or revoke any condition, limitation or restriction imposed under 30 sub-section (3). 7. Specific registration (1) The Board may grant or refuse to grant specific registration as a practitioner to an applicant who holds qualifications in Chinese medicine or 10 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 7 Act No. Chinese herbal dispensing which do not qualify that applicant for general registration-- (a) to enable that applicant to undertake supervised study or training or a course 5 approved by the Board at a tertiary institution; or (b) to enable that applicant to fill a teaching or research position in Chinese medicine or Chinese herbal dispensing at a tertiary 10 institution approved by the Board; or (c) to enable an applicant from another country to practise in Victoria if that applicant has exchanged practice with a registered practitioner for a limited period with the 15 prior permission of the Board; or (d) if the Board is satisfied that, in order to meet an identified need for a Chinese medicine practitioner or Chinese herbal dispenser, it is necessary for a person having qualifications 20 in the nature of the applicant's to provide Chinese medicine services or Chinese herbal dispensing services. (2) The Board may refuse to grant registration to an applicant if, in the opinion of the Board, the 25 practitioner does not have adequate arrangements for the professional indemnity insurance required by the Board. (3) A grant of specific registration under this section is subject to-- 30 (a) a condition that the period of registration must not exceed 12 months; (b) any other conditions, limitations or restrictions imposed by the Board under sub- section (4). 11 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 8 Act No. (4) The Board may impose any condition, limitation or restriction it thinks appropriate on granting specific registration including a condition that-- (a) the practitioner must hold professional 5 indemnity insurance against civil liability in connection with the practice of Chinese medicine or the dispensing of Chinese herbs during the course of that practice; or (b) the practice of Chinese medicine by the 10 person or the dispensing of Chinese herbs by the person must be covered by professional indemnity insurance against civil liability in connection with the practice of Chinese medicine or the dispensing of Chinese herbs; 15 or (c) the practitioner must be specified or referred to in professional indemnity insurance against civil liability in connection with the practice of Chinese medicine or the 20 dispensing of Chinese herbs, whether by name or otherwise, as a person to whom the insurance cover extends, even though the person is not a party to the insurance. (5) The Board may upon application by the 25 practitioner granted specific registration, amend, vary or revoke any condition, limitation or restriction imposed under sub-section (4). 8. Endorsement of registration (1) If the Board is satisfied that a Chinese medicine 30 practitioner has satisfactorily completed a course of study or training which, in the opinion of the Board, qualifies the Chinese medicine practitioner to obtain and to have in his or her possession and to use, sell or supply Schedule 1 poisons within 35 the meaning of the Drugs, Poisons and Controlled Substances Act 1981, the Board may 12 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 8 Act No. endorse the registration of the Chinese medicine practitioner to the effect that the Chinese medicine practitioner is qualified to obtain and to have in his or her possession and to use, sell or supply 5 Schedule 1 poisons. (2) If the Board is satisfied that a Chinese herbal dispenser has satisfactorily completed a course of study or training which, in the opinion of the Board, qualifies the Chinese herbal dispenser to 10 obtain and to have in his or her possession and to sell or supply Schedule 1 poisons within the meaning of the Drugs, Poisons and Controlled Substances Act 1981, the Board may endorse the registration of the Chinese herbal dispenser to the 15 effect that the Chinese herbal dispenser is qualified to obtain and to have in his or her possession and to use, sell or supply Schedule 1 poisons. (3) The Board may impose any condition, limitation 20 or restriction on an endorsement under this section including a condition, limitation or restriction relating to the form or state of the poison or whether the poison is manufactured or packaged or not. 25 (4) An applicant for registration or a registered person may apply to the Board for an endorsement under this section. (5) An application must be-- (a) in writing in the prescribed form and 30 accompanied by evidence of the qualifications which the applicant claims qualify him or her for the endorsement applied for; and (b) accompanied by the fee determined by the 35 Board. 13 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 9 Act No. (6) The Board-- (a) may require the applicant to provide further information or material in respect of the application; and 5 (b) may require that the information in the application be verified by a declaration under section 107 of the Evidence Act 1958. 9. Entitlement of applicant to make submissions If the Board is proposing to refuse an application 10 for registration or an endorsement or to impose conditions, limitations or restrictions on the registration or the endorsement of registration the Board must not do so until-- (a) it has given the applicant notice of this 15 proposal; and (b) it has given the applicant an opportunity to make submissions to the Board about the proposal. 10. Notification of outcome of application 20 (1) Upon determining an application for registration or an endorsement of registration under this Part, the Board must notify the applicant as to whether or not registration or endorsement of registration has been granted to the applicant. 25 (2) A notice under sub-section (1) must include the following information-- (a) if the registration has been granted-- (i) the type of registration granted and the conditions that are imposed by this 30 Part; and 14 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 11 Act No. (ii) whether or not any other conditions, limitations or restrictions have been imposed on the registration and, if so, the reasons for imposing those 5 conditions, limitations or restrictions; or (b) if the registration has not been granted-- (i) the reasons why it has not been granted; and 10 (ii) a statement that the applicant has a right to obtain a review of the decision not to grant registration; or (c) if the endorsement has been granted whether or not any conditions, limitations or 15 restrictions have been imposed on the endorsement and, if so, the reasons for imposing those conditions, limitations or restrictions; or (d) if the endorsement has not been granted-- 20 (i) the reasons why it has not been granted; and (ii) a statement that the applicant has a right to obtain a review of the decision not to endorse the registration. 25 11. Duration and renewal of registration (1) The registration of a practitioner which is not specific or the renewal of such registration continues in force until 31 December next following the grant or renewal of registration. 30 (2) The specific registration of a practitioner or the renewal of such registration continues in force for 12 months following the grant or renewal of that registration. 15 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 12 Act No. 12. Application for renewal of and refusal to renew registration (1) An application for renewal of registration-- (a) must be made to the Board before the 5 existing registration expires; and (b) must be accompanied by-- (i) evidence that the applicant will be covered by any professional indemnity insurance required by the Board against 10 civil liability in connection with the practice of Chinese medicine or the dispensing of Chinese herbs; and (ii) the fee fixed by the Board; and (iii) if required by the Board, details of any 15 information required by section 21. (2) If a person does not apply for renewal of registration before the end of the existing registration period, the Board may renew that person's registration if the application is made 20 within 3 months after the end of the registration period and if the applicant pays an additional renewal fee fixed by the Board which must not be more than 50% of the original fee. (3) If a person's registration has expired without being 25 renewed that person is deemed to be registered for a period of 3 months after that expiry, and if, at the end of that period of 3 months, that person has not renewed his or her registration, the Board must remove that person's name from the register. 30 (4) The Board may refuse to renew the registration of an applicant under this Part-- (a) if the Board is satisfied that the applicant for renewal has not had sufficient experience in the practice of Chinese medicine or the 16 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 13 Act No. dispensing of Chinese herbs in the division of registration applied for in the preceding 5 years to be able to practise as a Chinese medicine practitioner or Chinese herbal 5 dispenser in that division; or (b) on any ground on which the Board might refuse to grant registration. 13. Post graduate qualifications (1) The Board, from time to time, may recognise any 10 post graduate qualification that the Board considers to be relevant to the practice of Chinese medicine or the dispensing of Chinese herbs. (2) An applicant for registration or a registered person may apply to the Board to have particulars of a 15 post graduate qualification that is recognised by the Board in addition to those approved for registration noted on the register against the name of that practitioner. (3) An application must be in writing and be 20 accompanied by the fee for the application fixed by the Board together with evidence of the post graduate qualifications that the applicant wants to have noted on the register in addition to those approved for registration purposes. 25 (4) The Board must publish a list of the post graduate qualifications recognised under this section at least once a year in a publication circulating among registered practitioners generally and make the list available for inspection during normal 30 business hours at the office of the Board without charge. 14. Restoration of name to the register If a person whose name has been removed from the register under section 12(3)-- 17 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 15 Act No. (a) applies to the Board within 2 years from the date of that removal to have his or her name restored to the register; and (b) pays to the Board the fee fixed by the Board 5 for that purpose within that period-- the Board may restore that person's name to the register. 15. Effect of suspension of registration For the purposes of this Act, a practitioner whose 10 registration is suspended is deemed to be not registered for the period of that suspension. 16. Registration obtained by fraud (1) If the Board believes that the registration or endorsement of registration of a practitioner has 15 been obtained by fraud or misrepresentation or that the qualifications upon which the registered practitioner relied for registration or endorsement of registration have been withdrawn the Board must conduct a hearing into the matter. 20 (2) The Board must give notice of the time and place of the hearing to the registered practitioner. (3) The provisions applying to the conduct of a formal hearing under Part 3 apply to a hearing under this section as if the hearing under this 25 section were a formal hearing. (4) If, at the end of the hearing, the Board determines that the registration or endorsement of registration of the practitioner has been obtained by fraud or misrepresentation or that the qualifications upon 30 which the registered practitioner has relied for registration or endorsement of registration have been withdrawn, the Board must cancel the registration or endorsement of registration (as the case may be) of the practitioner. 18 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 17 Act No. Division 2--Other Requirements 17. The register (1) The Board must cause to be kept a register of all Chinese medicine practitioners and Chinese 5 herbal dispensers to whom the Board has granted registration under this Act. (2) The register is to be called the Register of Chinese Medicine. (3) The register is to include 3 divisions as follows-- 10 (a) the division of Chinese herbal medicine practitioners, which is to be a list of the names of every person registered as a Chinese herbal medicine practitioner under this Part; 15 (b) the division of acupuncturists, which is to be a list of the names of every person registered as an acupuncturist under this Part; (c) the division of Chinese herbal dispensers, which is to be a list of the names of every 20 person registered as a Chinese herbal dispenser under this Part. (4) The following particulars must be included on the register against the name of the practitioner to whom they apply-- 25 (a) a description of the division of registration; (b) any endorsement under section 8; (c) any current suspension of the registration of the practitioner; (d) any current condition, limitation or 30 restriction imposed on the registration or endorsement of registration of the practitioner; 19 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 18 Act No. (e) any post graduate qualifications recognised by the Board in addition to those approved for registration purposes; (f) the prescribed information. 5 (5) The register may be inspected at the office of the Board by any person during ordinary office hours without charge. (6) A person may obtain a copy of or an extract from the register on payment of the fee fixed by the 10 Board. (7) A registered practitioner's private address must not appear on that part of the register which is open to the public for inspection, unless the registered practitioner so authorises. 15 18. Certificates (1) Upon-- (a) granting registration to a person under this Part; or (b) renewing the registration of a person under 20 this Part-- the Board must issue a certificate of registration to that person. (2) The following particulars must be included on a certificate of registration-- 25 (a) any condition, limitation or restriction imposed on the registration or endorsement of registration of the practitioner; (b) any post graduate qualifications recognised by the Board in addition to those approved 30 for registration purposes; (c) the prescribed information. 20 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 19 Act No. (3) If a practitioner's registration under this Part has been suspended or cancelled or a condition, limitation or restriction has been imposed on the registration or endorsement of registration, that 5 practitioner must return his or her current certificate of registration to the Board. Penalty: 20 penalty units. 19. Use of certificate as evidence A certificate purporting to be signed by the 10 President or any two members of the Board to the effect that-- (a) a practitioner is or is not or was or was not, at any specified date, registered; or (b) that any disciplinary or other action is or is 15 not or was or was not, at any specified date, being taken against that practitioner-- is evidence, and, in the absence of evidence to the contrary, is proof of the matters stated in it. 20. Requirement to notify the Board of change of address 20 A registered practitioner must notify the Board in writing of any change of the address of the practitioner which appears on the register within 14 days after that change. Penalty: 1 penalty unit. 25 21. Provision of information (1) If a person has claimed damages or other compensation from a registered practitioner for alleged negligence in the course of practising Chinese medicine or dispensing Chinese herbs, 30 the practitioner must provide the Board with information about the amount of damages or other compensation the practitioner is ordered by a court to pay within 30 days after the order is made. 21 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 21 Act No. (2) Sub-section (1) does not apply if-- (a) the amount is less than the amount fixed by the Board for the purposes of this section; or (b) the court orders that the terms of the order 5 should not be disclosed. (3) If a registered practitioner has in respect of an indictable offence-- (a) been committed for trial; or (b) been convicted or found guilty of the 10 offence-- the practitioner must notify the Board within 30 days after that commitment, conviction or finding of guilt. (4) An applicant for registration or renewal of 15 registration as a practitioner must ensure that details of any of the matters referred to in sub- section (1) and (3) are set out in the application. _______________ 22 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 22 Act No. PART 3--INVESTIGATIONS INTO REGISTERED PRACTITIONERS Division 1--Preliminary investigations into professional conduct 5 22. Complaints about the professional conduct of practitioners (1) A person may make a complaint about a registered practitioner to the Board. (2) A person may make a complaint to the Board 10 about a person whose registration as a practitioner has not been renewed if the complaint relates to conduct of the practitioner at a time when that person was registered. 23. When complaints about professional conduct are to be 15 investigated by Health Services Commissioner (1) If the Board receives a complaint about a registered Chinese medicine practitioner, and the complaint is of a kind which may be made under the Health Services (Conciliation and Review) 20 Act 1987, the Board must notify the Health Services Commissioner and give a copy of the complaint to the Health Services Commissioner as soon as possible after it has received the complaint. 25 (2) The Board, in consultation with the Health Services Commissioner, must determine whether or not the complaint is to be dealt with by the Commissioner or the Board. (3) The Health Services (Conciliation and Review) 30 Act 1987 applies to a complaint made under this Part which is to be dealt with by the Health Services Commissioner as if the complaint were made under Part 3 of that Act. 23 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 24 Act No. (4) The Board must not deal further with a complaint made under this Part that is to be dealt with by the Health Services Commissioner unless the Health Services Commissioner refers the matter back to 5 the Board under section 19(6) of the Health Services (Conciliation and Review) Act 1987. (5) If a complaint has been referred to and is being dealt with by the Health Services Commissioner, the Commissioner must advise the Board, when 10 the matter is completed, of the outcome of the matter. 24. When complaints about professional conduct are to be investigated by the Board (1) The Board must investigate a complaint 15 concerning the professional conduct of a registered practitioner unless-- (a) the complaint is to be dealt with by the Health Services Commissioner under section 23; or 20 (b) the Board has determined the complaint to be frivolous or vexatious. (2) In order to determine whether or not it is necessary to conduct a formal or informal hearing into a complaint, the Board must conduct a 25 preliminary investigation into the complaint. (3) The Board may, in writing, delegate to-- (a) an officer of the Board; or (b) an investigator retained by the Board; or (c) a member of the Board or a number of 30 members not exceeding 3-- its power to conduct a preliminary investigation into a complaint, other than its power to make determinations upon a preliminary investigation. 24 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 25 Act No. 25. Outcome of preliminary investigation (1) Upon completing a preliminary investigation, the person or persons conducting the investigation may make one of the following 5 recommendations-- (a) that the investigation into the matter should not proceed further; or (b) that an informal or formal hearing should be held into the matter. 10 (2) The Board must determine whether or not to act on the recommendations of any person conducting the preliminary investigation. 26. Board may institute a hearing into professional conduct 15 The Board may, of its own motion, determine to conduct a formal or informal hearing into the professional conduct of a registered practitioner without conducting a preliminary investigation. 27. Suspension of registration upon commencement of 20 investigation (1) The Board, upon making a determination-- (a) to conduct a preliminary investigation into a complaint made to the Board about the professional conduct of a registered 25 practitioner; or (b) to conduct a formal or informal hearing into the professional conduct of a registered practitioner without preliminary investigation-- 30 may suspend the registration of the practitioner until any investigation and any hearing into the matter is completed if the Board is of the opinion that it is necessary to do so because there is a 25 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 28 Act No. serious risk that the health and safety of the public will be endangered. (2) If the Board has suspended the registration of a practitioner under sub-section (1), it must-- 5 (a) immediately notify the practitioner of that suspension; and (b) ensure that the matter is investigated as soon as possible after that suspension. Division 2--Preliminary investigation into the health of 10 registered practitioners 28. Commencement of preliminary investigation If the Board believes the ability of a registered practitioner to practise Chinese medicine or dispense Chinese herbs may be affected 15 because-- (a) of the physical or mental health of the practitioner; or (b) the practitioner has an incapacity; or (c) the practitioner is an alcoholic or drug- 20 dependent person-- the Board may appoint one of its members or a member of the staff of the Board to conduct a preliminary investigation into the matter. 29. Notification to practitioner 25 (1) The person appointed to investigate the matter must give notice of the preliminary investigation to the registered practitioner to be investigated. (2) A notice under sub-section (1) must-- (a) be in writing; and 26 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 30 Act No. (b) be sent by registered post as soon as possible after the Board's decision has been made; and (c) advise the practitioner of the nature of the 5 matter to be investigated; and (d) ask the practitioner to advise the Board as to whether or not he or she will agree to undergo a medical examination within 28 days after receiving the notice; and 10 (e) advise the practitioner of the procedures that can be taken under this Part. 30. Medical examination (1) If the registered practitioner agrees to undergo a medical examination within 28 days, the 15 registered practitioner must be examined by a registered medical practitioner who is agreed upon by the Board and the practitioner being investigated. (2) If the Board and the practitioner being 20 investigated are unable to agree upon a registered medical practitioner to conduct the examination, the Minister must appoint a registered medical practitioner to perform the examination. (3) The Board must pay for the examination. 25 31. Report of examination (1) The examining medical practitioner must give a report of his or her examination to the person appointed to investigate the matter, and, not more than 7 days later, to the practitioner being 30 investigated. (2) The person appointed to investigate the matter must discuss the report with the practitioner being investigated, and, in the case of an adverse finding 27 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 32 Act No. in the report, the possible ways of dealing with that finding. (3) After discussing the report with the practitioner being investigated, the person appointed to 5 investigate the matter must report to the Board. (4) Despite sub-section (1), if the report contains information of a medical or psychiatric nature concerning the practitioner being investigated, and it appears to the person appointed to conduct the 10 investigation that the disclosure of that information to the practitioner might be prejudicial to the physical or mental health or well being of the practitioner, the investigator may decide not to give that information to the 15 practitioner but to give it instead to a registered medical practitioner and to a registered practitioner that are nominated by the practitioner who is being investigated. (5) Before acting under sub-section (4), the 20 investigator must report to the Board and, if the investigator is not a registered practitioner and the Board is of the opinion that it is necessary for the investigation of the matter to be continued by a registered practitioner, the Board may appoint a 25 registered practitioner to continue the investigation. 32. Outcome of preliminary investigation (1) If, after considering the reports given under section 31, the Board decides that further action 30 should be taken, the Board must ask the registered practitioner whether or not he or she is prepared to agree to-- 28 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 33 Act No. (a) alter the way in which he or she practises Chinese medicine or dispenses Chinese herbs; or (b) the imposition of conditions, limitations or 5 restrictions on his or her registration or endorsement of registration; or (c) the suspension of his or her registration for the period of time specified by the Board. (2) The Board may take any action that is necessary 10 to implement an agreement under sub-section (1). 33. Referral to formal hearing If a registered practitioner who is the subject of a preliminary investigation under this Division-- (a) does not agree to undergo a medical 15 examination or does not abide by an agreement to undergo a medical examination; or (b) does not reach an agreement with the Board under section 32 or does not abide by an 20 agreement reached with the Board under section 32-- the Board may refer the matter to a formal hearing. 34. Request for conditions, limitations or restrictions 25 (1) A registered practitioner who believes that his or her ability to practise Chinese medicine or to dispense Chinese herbs is affected because-- (a) of his or her physical or mental health; or (b) he or she has an incapacity; or 30 (c) he or she is an alcoholic or drug-dependent person-- 29 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 35 Act No. may ask the Board to impose a condition, limitation or restriction on his or her practice. (2) If the Board and the practitioner agree upon the condition, limitation or restriction to be imposed, 5 the Board may impose it. (3) If the practitioner and the Board do not agree upon the condition, limitation or restriction to be imposed, the Board must refer the matter to a preliminary investigation. 10 35. Revocation of suspension of registration or condition, limitation or restriction imposed on registration The Board may revoke a condition, limitation or restriction imposed on the registration or endorsement of registration of a registered 15 practitioner or the suspension of a registered practitioner's registration, if the practitioner satisfies the Board that his or her ability to practise Chinese medicine or dispense Chinese herbs is no longer affected. 20 36. Immediate suspension of registration (1) If the Board has referred a matter to a formal hearing under this Division, the Board may suspend the registration of the practitioner until the hearing is completed, if the Board is of the 25 opinion that the ability of the practitioner to practise Chinese medicine or dispense Chinese herbs is affected to such an extent that to allow the practitioner to continue to practise would pose a serious risk that the health and safety of the public 30 will be endangered. (2) If the Board has suspended the registration of a practitioner under sub-section (1), it must-- (a) immediately notify the practitioner of that suspension; and 30 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 37 Act No. (b) ensure that the matter is investigated as soon as possible after that suspension. Division 3--Formal and Informal Hearings 37. Establishment and notification of an informal 5 hearing If the Board has determined that an informal hearing be held into the professional conduct of a registered practitioner under section 25 or 26, the Board must-- 10 (a) appoint a panel to hold the hearing; and (b) fix a time and place for the hearing to be held; and (c) by registered post, serve a notice on the practitioner which complies with section 39; 15 and (d) serve notice on any complainant by registered post under section 56(4)(a) and (b). 38. Constitution of a panel for an informal hearing 20 (1) A panel appointed under section 37 is to consist of not more than 3 persons-- (a) who are to be members of the Board; and (b) of whom, at least 1 is to be a practitioner registered in the same division as the 25 practitioner being investigated. (2) If-- (a) the Board is unable to appoint a panel because there are not enough members available to sit on it; or 31 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 39 Act No. (b) the Board is of the opinion that a person with special expertise is required for the hearing-- the President or, in the absence of the President, 5 the Deputy President may fill the vacant positions on the panel by appointing persons who are not members of the Board from a list of persons approved by the Governor in Council under sub- section (4). 10 (3) A person who has undertaken a preliminary investigation of the matter is not entitled to be a member of the panel. (4) The Governor in Council, on the recommendation of the Minister, may approve persons who are not 15 members of the Board to be available to be appointed to a panel under sub-section (2). 39. Notice of an informal hearing A notice of an informal hearing under section 37 must-- 20 (a) state the nature of the hearing and the allegations made against the practitioner; and (b) give the time and place of the hearing; and (c) state that the practitioner may choose to have the matter determined by a formal hearing 25 and state the differences between a formal and informal hearing; and (d) state that there is no right to legal representation at the hearing, but that the practitioner is entitled to be present and to 30 make submissions and to be accompanied by another person, that the hearing is not open to the public and list the possible findings the panel can make or determinations the panel can make. 32 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 41 Act No. 40. Conduct of an informal hearing At an informal hearing-- (a) the panel must hear and determine the matter before it; and 5 (b) the practitioner who is the subject of the hearing is entitled to be present, to make submissions and to be accompanied by another person but is not entitled to be represented; and 10 (c) the proceedings of the hearing must not be open to the public. 41. Findings and determinations of an informal hearing (1) After considering all the submissions made to the hearing the panel may find either-- 15 (a) that the practitioner has, whether by act or omission, engaged in unprofessional conduct which is not of a serious nature; or (b) that the practitioner has not engaged in unprofessional conduct. 20 (2) If the panel finds that the practitioner has, whether by act or omission, engaged in unprofessional conduct which is not of a serious nature, the panel may make one or more of the following determinations-- 25 (a) that the practitioner undergo counselling; (b) that the practitioner be cautioned; (c) that the practitioner be reprimanded; (d) that the practitioner undertake further education of the kind stated in the 30 determination and complete it within the period specified in the determination. 33 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 43 Act No. 42. Change of informal hearing to formal hearing during course of hearing If, before the end of the hearing-- (a) the practitioner who is the subject of the 5 hearing fails to attend the hearing without good cause; or (b) the practitioner requests that a formal hearing be held; or (c) the panel is of the opinion that a formal 10 hearing should be held-- the panel must abandon the informal hearing and refer the matter to a formal hearing. 43. Request for formal hearing upon completion of informal hearing 15 Upon the completion of an informal hearing, the practitioner who was the subject of the hearing may request that a formal hearing be held to review any findings and determinations of the informal hearing. 20 44. Establishment and notification of formal hearing If-- (a) the Board has determined that a formal hearing be held under section 25 or 26 or has referred a matter to a formal hearing under 25 section 33; or (b) a practitioner has requested a formal hearing under section 43; or (c) a panel has referred a matter to a formal hearing under section 42-- 30 the Board must-- (d) appoint a panel to hold the hearing; and 34 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 45 Act No. (e) fix a time and place for the hearing to be conducted; and (f) serve a notice on the practitioner by registered post which complies with section 5 46; and (g) serve a notice on any complainant by registered post under section 56(4)(a) and (b). 45. Constitution of a hearing panel for a formal hearing 10 (1) A panel appointed under section 44 must consist of not less than 3 persons-- (a) who are to be members of the Board; and (b) of whom 1 is to be a lawyer and at least 1 is to be a practitioner registered in the same 15 division as the practitioner being investigated. (2) If-- (a) the Board is unable to appoint a panel because there are not enough members 20 available to sit on it; or (b) the Board is of the opinion that a person with special expertise is required for the hearing-- the President or, in the absence of the President, 25 the Deputy President may fill the vacant positions on the panel by appointing persons who are not members of the Board from a list of persons approved by the Governor in Council under sub- section (4). 30 (3) The following people are not entitled to be members of a panel for a formal hearing-- 35 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 46 Act No. (a) a person who has undertaken a preliminary investigation of the matter which is the subject of the hearing; (b) a person who has been a member of a panel 5 which held an informal hearing into the matter. (4) The Governor in Council, on the recommendation of the Minister, may approve persons who are not members of the Board to be available to be 10 appointed to a panel under sub-section (2). 46. Notice of a formal hearing A notice of a formal hearing under section 44 must-- (a) state the nature of the hearing and the 15 allegations made against the practitioner; and (b) give the time and place of the hearing; and (c) state that there is a right to make submissions and to be represented, that the hearing is open to the public, list the possible findings 20 the panel can make and state that there is a right to apply for a review of the panel's findings. 47. Conduct of a formal hearing At a formal hearing-- 25 (a) the hearing panel must hear and determine the matter before it; and (b) the practitioner who is the subject of the hearing is entitled to be present, to make submissions and to be represented; and 30 (c) if the hearing arises out of a complaint, the identity of the complainant is not to be 36 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 48 Act No. published or broadcast and the complainant-- (i) in the case of a proceeding which has not been closed under paragraph (d), is 5 entitled to be present; and (ii) if not called as a witness, may make submissions with the permission of the panel; and (d) the proceedings are to be open to the public 10 unless the panel determines that the proceedings should be closed because the hearing is taking evidence of intimate, personal or financial matters and, if the panel has determined that the proceedings are 15 closed, the panel may determine that the identity of any witness giving evidence in the proceedings is not to be published or broadcast. 48. Findings and determinations of a formal hearing into 20 conduct (1) After considering all the submissions made to a formal hearing into the professional conduct of a registered practitioner the panel may find that-- (a) the practitioner has, whether by act or 25 omission, engaged in unprofessional conduct of a serious nature; or (b) the practitioner has, whether by act or omission, engaged in unprofessional conduct which is not of a serious nature; or 30 (c) the practitioner has not engaged in unprofessional conduct. (2) If the panel finds that the practitioner has, whether by act or omission, engaged in unprofessional conduct of a serious nature, the panel may make 35 one or more of the following determinations-- 37 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 Act No. (a) require the practitioner to undergo counselling; (b) caution the practitioner; (c) reprimand the practitioner; 5 (d) require the practitioner to undertake further education of the kind stated in the determination and to complete it within the period specified in the determination; (e) impose conditions, limitations or restrictions 10 on the registration or endorsement of registration of the practitioner; (f) impose a fine on the practitioner of not more than $10 000; (g) suspend the registration of the practitioner 15 for the period specified in the determination; (h) cancel the registration or endorsement of registration of the practitioner. (3) If the panel finds under sub-section (1)(b) that the practitioner has, whether by act or omission, 20 engaged in unprofessional conduct which is not of a serious nature, the panel may make any determination which a panel at an informal hearing is able to make upon making such a finding. 25 (4) The panel must not impose a fine where the conduct which is the subject of the finding has resulted in a fine being imposed by another tribunal or court of law. (5) If the panel has made an order under sub-section 30 (2)(a), (d) or (f) and the practitioner has not complied with the order within the time specified in the order, the Board may suspend the practitioner's registration until the order is complied with. 38 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 49 50 Act No. 49. Findings and determinations of a formal hearing into ability to practise (1) After considering all the submissions made to a formal hearing into the ability to practise of a 5 registered practitioner, the panel may find that-- (a) the ability of the practitioner to practise is affected because-- (i) of the physical or mental health of the practitioner; or 10 (ii) the practitioner has an incapacity; or (iii) the practitioner is an alcoholic or drug- dependent person; or (b) the ability of the practitioner is not affected. (2) If the panel makes a finding under sub-section 15 (1)(a), the panel may make one or more of the following determinations-- (a) to impose conditions, limitations or restrictions on the registration or endorsement of registration of the 20 practitioner; (b) to suspend the registration of the practitioner for the period and subject to the conditions, limitations and restrictions, if any, specified in the determination. 25 Division 4--General Provisions relating to Investigations 50. Investigation may continue even if person no longer registered The Board may-- (a) conduct or continue to conduct an 30 investigation into the professional conduct of a person who was a registered practitioner at the time a complaint was made or the Board 39 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 51 Act No. had determined to conduct an investigation into the conduct and make a finding or determination under this Part; (b) conduct or continue to conduct a hearing and 5 make a finding or determination under this Part in relation to a person who was a registered practitioner at the time the Board had determined to conduct a hearing into the conduct-- 10 even though the person has not renewed his or her registration as a practitioner. 51. Procedure at formal and informal hearings At a formal or informal hearing-- (a) subject to this Part, the procedure of a panel 15 is in its discretion; and (b) the proceedings must be conducted with as little formality and technicality as the requirements of this Act and the proper consideration of the matter permit; and 20 (c) a panel is not bound by rules of evidence but may inform itself in any way it thinks fit; and (d) a panel is bound by the rules of natural justice. 25 52. Powers of panel conducting a formal hearing Sections 14, 15, 16 and 21A of the Evidence Act 1958 apply to a panel in the conduct of a formal hearing as if it were a Board or the Chairman of a Board appointed by the Governor in Council. 30 53. Determinations (1) A determination made by a panel on a hearing comes into operation on its making or at any later time stated in the determination. 40 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 54 Act No. (2) A determination of a panel is to have effect as if it were a determination of the Board. (3) If a fine is imposed by a panel it may be recovered by the Board as a debt due to the Board. 5 54. Removal of suspension, condition, limitation or restriction (1) If the Board has suspended the registration of a practitioner until the completion of a hearing, and at the completion of the hearing the panel 10 determines that the suspension should be removed, the Board must remove the suspension. (2) If a condition, limitation or restriction has been imposed on the registration or endorsement of registration of a practitioner, and, at the 15 completion of a hearing, the panel determines that the condition, limitation or restriction should be removed, the Board must remove that condition, limitation or restriction. 55. Reasons for determinations of panel or Board 20 A panel must give reasons for a determination made under this Part, to the practitioner who was the subject of the determination within 28 days after the making of the determination. 56. Notifications 25 (1) If a determination has been made by a panel-- (a) imposing conditions, limitations or restrictions on the registration of a practitioner; or (b) suspending the registration of a practitioner; 30 or (c) cancelling the registration of a practitioner-- 41 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 Act No. the Board must give notice of the determination-- (d) in the Government Gazette; and (e) to the Chinese medicine registration authorities in all other States or Territories of 5 the Commonwealth and in New Zealand; and (f) to the Health Services Commissioner; and (g) if the practitioner is an employee, to his or her employer; and (h) if the Board has received a request for 10 information about the person in respect of whom the determination has been made from a Chinese medicine registration authority outside Australia or New Zealand, that authority. 15 (2) Notice under sub-section (1) must be given as soon as possible after the determination has been made. (3) No action for defamation lies against the Board or its members for giving a notice under this section. 20 (4) If a complaint has been made to the Board, the Board must notify the complainant-- (a) of whether or not a formal or informal hearing is to be conducted into the matter and, if so, of the time and place of the 25 hearing and, in the case of a formal hearing, of the fact that the complainant's identity is not to be published or broadcast; and (b) in the case of a formal or informal hearing, of whether or not the complainant has any 30 right to make submissions at the hearing; and (c) of the findings and determinations of any hearing arising from that complaint and the reasons for those findings and 42 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 57 58 Act No. determinations, within 28 days after their having been made. 57. Offence to disclose information identifying complainant, witness or practitioner 5 (1) A person must not publish or broadcast or cause to be published or broadcast any report of a formal hearing under this Part which contains information which would enable-- (a) the complainant to be identified; or 10 (b) if the panel has made a determination prohibiting the publication or broadcast of the identity of a witness, that witness to be identified-- unless the complainant or witness has, before 15 publication or broadcast, consented to this. Penalty: 50 penalty units for a natural person or 100 penalty units for a body corporate. (2) A person must not, prior to the making of a determination at a formal hearing under this Part, 20 publish or broadcast or cause to be published or broadcast any report of the hearing that contains information which would enable the practitioner to be identified unless the practitioner has, before publication or broadcast, consented to this. 25 Penalty: 50 penalty units for a natural person or 100 penalty units for a body corporate. 58. Terms and conditions of appointment of panel members (1) A member of a panel is appointed on the terms 30 and conditions determined by the Board for that member. (2) A member of a panel, other than a member who is an employee under Part 3 of the Public Sector Management and Employment Act 1998, is 43 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 58 Act No. entitled to receive the fees that are fixed from time to time by the Governor in Council for members of panels. (3) A member of a panel is entitled to receive the 5 allowances that are fixed from time to time by the Governor in Council. (4) In fixing fees under sub-section (2), the Governor in Council may fix different fees for different classes of cases. 10 _______________ 44 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 59 Act No. PART 4--REVIEW BY VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL 59. Review by VCAT (1) A person whose interests are affected by the 5 relevant decision, finding or determination may apply to the Victorian Civil and Administrative Tribunal for review of-- (a) a decision to refuse a person's application for registration, endorsement of registration or 10 renewal of registration; or (b) a decision to impose conditions, limitations or restrictions on a person's registration or endorsement of registration; or (c) a decision of the Board to suspend the 15 registration of a person, if the Board has not instituted an investigation into the professional conduct or ability to practise of that person within 28 days after having suspended that registration; or 20 (d) a finding or determination made at a formal hearing under Part 3. (2) The application must be made within-- (a) 60 days after the date on which the Board gives notice of a decision referred to in sub- 25 section (1)(c); or (b) 28 days after the date on which the Board gives notice of any other decision, finding or determination or determination to the person concerned. 30 (3) If a finding has been made at a formal hearing under Part 3 but no final determination has been made at that hearing, an application for review 45 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 60 Act No. under this section can only be made with the leave of the Tribunal. 60. Notification If a decision or determination has been reviewed 5 by the Victorian Civil and Administrative Tribunal, the Board must notify any person who was notified of the original decision or determination of any change to that decision, determination by the Victorian Civil and 10 Administrative Tribunal. _______________ 46 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 61 Act No. PART 5--OFFENCES 61. Claims by persons as to registration (1) A person who is not registered under section 6 or 7 as a practitioner must not-- 5 (a) take or use the title of registered acupuncturist, registered Chinese medicine practitioner, registered Chinese herbal medicine practitioner, registered Chinese herbalist, registered Chinese herbal dispenser 10 or registered Oriental medicine practitioner, whether in English or any other language, or any other title, whether in English or any other language, calculated to induce a belief that the person is registered as a practitioner 15 under this Act; or (b) claim to be registered under this Act or hold himself or herself out as being registered as a practitioner under this Act; or (c) carry out any act which is required to be 20 carried out by or under an Act by a person registered as a practitioner under this Act; or (d) claim to be qualified to practise as a Chinese medicine practitioner, a Chinese herbal medicine practitioner, an acupuncturist or a 25 Chinese herbal dispenser. Penalty: 50 penalty units. 47 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 61 Act No. (2) A person who is not registered as a Chinese herbal medicine practitioner under this Act must not use the title Chinese herbal medicine practitioner, Chinese herbalist, Chinese medicine practitioner, 5 Oriental medicine practitioner or Chinese herbal dispenser, whether in English or any other language. Penalty: 50 penalty units. (3) A person who is not registered as an acupuncturist 10 under this Act must not use the title acupuncturist, Chinese medicine practitioner or Oriental medicine practitioner, whether in English or any other language. Penalty: 50 penalty units. 15 (4) A person who is not a registered Chinese herbal dispenser must not use the title Chinese herbal dispenser, whether in English or any other language. Penalty: 50 penalty units. 20 (5) A registered practitioner must not-- (a) claim to be registered under this Act in a division of the register in which he or she is not registered or hold himself or herself out as being registered in a division of the 25 register if the person is not registered in that division; or (b) claim to be qualified to practise as a practitioner in a division of the register in which he or she is not registered. 30 Penalty: 50 penalty units. (6) A registered practitioner whose registration is specific must not-- 48 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 61 Act No. (a) take or use any title calculated to induce a belief that the practitioner's registration is not specific; or (b) claim to have or hold himself or herself out 5 as having general registration. Penalty: 50 penalty units. (7) A registered practitioner whose registration is subject to a condition, limitation or restriction must not-- 10 (a) take or use any title calculated to induce a belief that the practitioner's registration is not subject to a condition, limitation or restriction; or (b) claim to have or hold himself or herself out 15 as having a registration which is not subject to any condition, limitation or restriction. Penalty: 50 penalty units. (8) A person must not hold out another person as being registered under this Act if the person 20 knows or ought reasonably to know that the other person is not so registered. Penalty: 50 penalty units. (9) If a body corporate contravenes sub-section (1), any person who is concerned in or takes part in 25 the management of that body corporate who was, in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the commission of the offence also commits an offence under sub-section (1) and is liable for the 30 penalty applicable to a natural person for that offence. (10) The provisions of sub-sections (1)(a), (c) and (d), (2), (3) and (4) do not apply to a person who is registered under an Act referred to in the Schedule 49 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 62 Act No. who is acting in accordance with an express authority in writing from the Board established under that Act. (11) The provisions of sub-section (3) do not apply to a 5 veterinary practitioner registered under the Veterinary Practice Act 1997 using the title acupuncturist in relation to the practice of veterinary surgery or veterinary medicine by that practitioner in accordance with his or her 10 registration under that Act. 62. Fraud, forgery etc. A person must not-- (a) fraudulently or by false representation or declaration (either orally or in writing) 15 obtain registration under this Act; or (b) fraudulently or by false representation (either orally or in writing) procure any person to be registered under this Act; or (c) forge, counterfeit or alter any certificate of 20 registration under this Act or any degree, diploma or other evidence of qualifications for registration under this Act. Penalty: 240 penalty units or imprisonment for a period of 2 years or both. 25 63. Advertising (1) A person must not advertise a Chinese medicine practice, Chinese medicine services or Chinese herbal dispensing services in a manner which-- (a) is or is intended to be false, misleading or 30 deceptive; or (b) offers a discount, gift or other inducement to attract patients to a Chinese medicine practitioner, a Chinese medicine practice or a Chinese herbal dispensing service unless the 50 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 64 Act No. advertisement also sets out the terms and conditions of that offer; or (c) refers to, uses or quotes from testimonials or purported testimonials; or 5 (d) creates an unreasonable expectation of beneficial treatment. Penalty: 50 penalty units for a natural person or 100 penalty units for a body corporate. (2) If a body corporate contravenes sub-section (1), 10 any person who is concerned in or takes part in the management of that body corporate who was, in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the commission of the offence also commits an 15 offence under sub-section (1) and is liable for the penalty applicable to a natural person for that offence. (3) A person who, in good faith, publishes or prints an advertisement which contravenes sub-section 20 (1) on behalf of another person, is not guilty of an offence under that sub-section. (4) Despite section 26 of the Magistrates' Court Act 1989, proceedings for an offence against this section may be commenced within 3 years after 25 the commission of the alleged offence. (5) A person who advertises a Chinese medicine practitioner's practice, a Chinese medicine practitioner's services or Chinese herbal dispensing services in a manner otherwise than in 30 compliance with this section is guilty of a continuing offence and may be convicted in respect of each day on which the offence continues. 64. Advertising guidelines 51 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 65 Act No. (1) The Governor in Council may, on the recommendation of the Board, by notice published in the Government Gazette, issue guidelines about the minimum standards acceptable to the Board 5 for or with respect to the advertising of Chinese medicine practitioner's and herbal dispensing services. (2) The Board must consult with any person nominated by the Minister in formulating 10 guidelines for the purposes of this section. (3) The Board must ensure that any guidelines that it has formulated for recommendation to the Governor in Council have been notified with a request for public comment in the Government 15 Gazette, a newspaper circulating generally throughout Victoria and in any professional magazine, newsletter or journal circulating amongst Chinese medicine practitioners and Chinese herbal dispensers in Victoria at least 20 60 days before the recommendation is given to the Governor in Council. (4) The Board must have regard to any comments received pursuant to a notice under this section in making a recommendation to the Governor in 25 Council. (5) The Board must have regard to any guidelines issued by the Governor in Council under this section. (6) A court may have regard to any guidelines issued 30 by the Governor in Council under this section. 65. Power of the courts to require corrective advertising If, on the application of the Minister, a court is satisfied that there has been a contravention of section 63(1)(a), (b), (c) or (d) the court may 35 make either or both of the following orders-- 52 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 66 Act No. (a) an order requiring any person involved in the contravention to disclose any information which is in the person's possession or to which the person has access, which is 5 information or of a class of information specified in the order-- (i) to the public or any person or class of persons specified in the order; and (ii) in the manner specified in the order; 10 (b) an order requiring any person involved in the contravention to publish an advertisement in the terms specified or determined in accordance with the order-- (i) at the expense of the person; and 15 (ii) in the manner and at the times specified in the order. 66. Exemptions Nothing in section 61 applies to the giving or performance of any Chinese medicine advice, 20 service, attendance or operation by a person registered as a Chinese medicine practitioner under the law in force in another State or Territory or New Zealand in an emergency if no registered Chinese medicine practitioner is available. 25 _______________ 53 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 67 Act No. PART 6--ADMINISTRATION 67. Establishment of Board (1) There is established a Board to be called the Chinese Medicine Registration Board of Victoria. 5 (2) The Board-- (a) is a body corporate with perpetual succession; and (b) has a common seal; and (c) may sue and be sued in its corporate name; 10 and (d) may acquire, hold and dispose of real and personal property; and (e) may do and suffer all acts and things that a body corporate may, by law, do and suffer. 15 (3) The common seal must be kept as directed by the Board and must not be used except as authorised by the Board. (4) All courts must take judicial notice of the seal of the Board on a document and, until the contrary is 20 proved, must presume that the document was properly sealed. 68. Powers, functions and consultation requirements (1) The Board has the following functions-- (a) to register persons who comply with the 25 requirements of this Act as to registration so that they may hold themselves out as registered Chinese medicine practitioners or registered Chinese herbal dispensers; (b) to approve courses which provide 30 qualifications for registration as Chinese 54 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 68 Act No. medicine practitioners and Chinese herbal dispensers; (c) to regulate the standards of practice of Chinese medicine and the dispensing of 5 Chinese herbs in the public interest; (d) to investigate the professional conduct or fitness to practise of registered practitioners and impose sanctions where necessary; (e) to issue guidelines about-- 10 (i) the minimum terms and conditions of professional indemnity insurance against civil liability in connection with the practice of Chinese medicine and the dispensing Chinese herbs; 15 (ii) appropriate standards of Chinese medicine practice and the dispensing of Chinese herbs; (f) to recognise post graduate courses in Chinese medicine and the dispensing of 20 Chinese herbs in addition to those required for registration; (g) to promulgate Codes about-- (i) the practice of Chinese medicine and the dispensing of Chinese herbs; 25 (ii) standards of training required for endorsement under section 8; (iii) standards recommended by the Board for prescribing, labelling, storage, dispensing and supplying Chinese 30 herbal substances including Schedule 1 poisons within the meaning of the Drugs, Poisons and Controlled Substances Act 1981; 55 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 69 Act No. (h) to advise the Boards established under the Acts referred to in the Schedule about the standards of training required for the practice of Chinese medicine or the dispensing of 5 Chinese herbs by health practitioners registered by those Boards; (i) to advise the Minister on any matters relating to its functions; (j) when so requested by the Minister, to give to 10 the Minister any information reasonably required by the Minister; (k) any other functions conferred on the Board by this Act. (2) The Board has all the powers necessary to enable 15 it to perform its functions. (3) The Board must consult with the Minister and have regard to the Minister's advice in carrying out its functions and exercising its powers. (4) If there is an inconsistency between any practice 20 recommended or required under a guideline issued by the Board or a Code promulgated by the Board and a provision of this Act or the regulations or any other Act or regulations the provision of that Act or the regulations prevails. 25 69. Membership of the Board (1) The Board consists of 7 members nominated by the Minister and appointed by the Governor in Council. (2) Of the persons appointed to the Board-- 30 (a) 4 must be registered practitioners; and (b) one must be a lawyer; and (c) 2 must be persons who are not registered practitioners. 56 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 70 Act No. (3) At least 2 members of the Board must be able to communicate in English and either Mandarin or any other Chinese dialect. 70. Terms of office 5 (1) A member of the Board holds office for not more than 3 years from the date of his or her appointment. (2) A member of the Board is eligible for reappointment. 10 (3) The Public Sector Management and Employment Act 1998 (except in accordance with Part 7 of that Act) does not apply to a member in respect of the office of member. 71. Resignation and removal 15 (1) A member of the Board ceases to be a member if he or she is absent, without leave first being granted by the Board, from 3 consecutive meetings of which reasonable notice has been given to that member, either personally or by post. 20 (2) A member of the Board may resign the office of member by writing signed by the member and addressed to the Governor in Council. (3) The Governor in Council may at any time remove a member of the Board from office. 25 (4) If a member of the Board dies, resigns or is removed from office, the Governor in Council may, in accordance with this Act, on the recommendation of the Minister, fill the vacant office. 30 (5) A member appointed under sub-section (4) holds office for the rest of the term of appointment of the member whose place he or she fills. 57 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 72 Act No. 72. President and Deputy President (1) The Governor in Council may appoint members of the Board to be President and Deputy President of the Board. 5 (2) A person appointed to an office under sub-section (1) holds office for the term specified in his or her instrument of appointment and is eligible for reappointment. (3) A person appointed to an office under sub-section 10 (1) may resign that office by writing signed by the person and addressed to the Governor in Council. (4) The Governor in Council may at any time remove a person appointed under sub-section (1) from office. 15 (5) A person appointed to an office under sub-section (1) ceases to hold that office on ceasing to be a member of the Board. 73. Acting member (1) If a member of the Board is unable to perform the 20 duties or functions of the office, the Governor in Council may appoint a person qualified to be appointed as that member to act as the member during the period of inability. (2) The Governor in Council-- 25 (a) subject to this Act, may determine the terms and conditions of appointment of an acting member; and (b) may at any time terminate the appointment. (3) While the appointment of an acting member 30 remains in force, the acting member has and may exercise all the powers and perform all the duties and functions of the member. 58 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 74 Act No. 74. Payment of members (1) A member or acting member of the Board, other than a member who is an employee under Part 3 of the Public Sector Management and 5 Employment Act 1998, is entitled to receive the fees that are fixed from time to time by the Governor in Council for that member. (2) Each member or acting member of the Board is entitled to receive the allowances that are fixed 10 from time to time by the Governor in Council. 75. Procedure of Board (1) The President or, in the absence of the President, the Deputy President must preside at a meeting of the Board at which he or she is present. 15 (2) If neither the President nor Deputy President are present at a meeting the members present may elect a member to preside at the meeting. (3) The person presiding at a meeting has a deliberative vote and a second or casting vote. 20 (4) A majority of the members of the Board currently holding office constitutes a quorum. (5) Subject to this Act the Board may regulate its own proceedings. 76. Member's interests 25 (1) A member who has a pecuniary or other interest in any matter in which the Board is concerned must-- (a) if the member is present at a meeting of the Board at which the matter is to be 30 considered, disclose the nature of the interest immediately before the consideration of that matter; or 59 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 77 Act No. (b) if the member is aware that the matter is to be considered at a meeting of the Board at which the member does not intend to be present, disclose the nature of the interest to 5 the President or Deputy President of the Board before the meeting is held. (2) The member-- (a) may take part in the discussion in the meeting; and 10 (b) must leave the meeting while any vote is taken on a question relating to the matter. 77. Resolutions without meetings (1) If-- (a) the Board has taken reasonable steps to give 15 notice to each member setting out the terms of a proposed resolution; and (b) a majority of the members for the time being sign a document containing a statement that they are in favour of the resolution in the 20 terms set out in the document-- a resolution in those terms is deemed to have been passed at a meeting of the Board held on the day on which the document is signed or, if the members referred to in paragraph (b) do not sign it 25 on the same day, on the day on which the last of those members signs the document. (2) If a resolution is, under sub-section (1), deemed to have been passed at a meeting of the Board, each member must as soon as practicable be advised of 30 the matter and given a copy of the resolution. (3) For the purposes of sub-section (1), 2 or more separate documents containing a statement in identical terms, each of which is signed by one or 60 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 78 Act No. more members, are deemed to constitute one document. (4) The majority of members referred to in sub- section (1)(b) must not include a member who, 5 because of section 76, is not entitled to vote on the resolution. (5) This section does not apply to any resolution of the Board relating to a matter being considered under Part 3. 10 78. Approved methods of communication for Board (1) If not less than two-thirds of the members of the Board for the time being holding office so agree, a meeting of the Board may be held by means of a method of communication, or by means of a 15 combination of methods of communication, approved by the President of the Board for the purposes of that meeting. (2) For the purposes of this Part, a member of the Board who participates in a meeting held as 20 permitted by sub-section (1) is present at the meeting even if he or she is not physically present at the same place as another member participating in the meeting. (3) This section-- 25 (a) applies to a meeting or a part of a meeting; (b) does not apply to a meeting conducted for the purposes of Part 3. 79. Effect of vacancy or defect An act or decision of the Board is not invalid only 30 because-- (a) of a vacancy in its membership; or (b) of a defect or irregularity in the appointment of any of its members; or 61 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 80 Act No. (c) in the case of an acting member, the occasion for that member so acting had not arisen or had ceased. 80. Immunity 5 (1) A member of the Board or person responsible for keeping the register is not personally liable for anything done or omitted to be done in good faith-- (a) in the exercise of a power or the discharge of 10 a duty under this Act; or (b) in the reasonable belief that the act or omission was in the exercise of a power or the discharge of a duty under this Act. (2) Any liability resulting from an act or omission 15 that would but for sub-section (1), attach to a member of the Board or the person responsible for keeping the register, attaches instead to the Board. 81. Staff The Board may employ a person to be responsible 20 for maintaining the register and any other persons that are necessary for the purposes of administering this Act. 82. Delegation The Board may, in writing, delegate to-- 25 (a) a member of the Board; or (b) the person responsible for maintaining the register or any other member of the staff of the Board-- its powers and functions under this Act, other 30 than-- (c) the power to refuse to grant registration or endorsement of registration or to refuse to renew registration; or 62 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 82 Act No. (d) the power to impose or to amend, vary or revoke conditions, limitations or restrictions on registration or endorsement of registration; or 5 (e) the power to conduct any hearing or to make any determination under Part 2 or Part 3; or (f) this power to delegate. _______________ 63 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 83 Act No. PART 7--REPORTING AND FINANCIAL PROVISIONS 83. Chinese Medicine Registration Board Fund (1) The Board must establish and keep a Chinese Medicine Registration Board Fund. 5 (2) All fees, fines and penalties paid or recovered by the Board under this Act must be paid into the Fund. (3) The Board must pay any other money received by it into the Fund, including income from the 10 investments of the Fund. (4) Out of the Fund, the Board must pay-- (a) the expenses incurred by it in carrying out its functions, powers and duties; and (b) any other expenses incurred in the 15 administration of this Act; and (c) any payments to be made to members of the Board under this Act and any payments to be made to other persons under this Act; and (d) any other payments recommended by the 20 Board and approved by the Minister. 84. Investment powers The Board may invest money credited to the Fund that it does not immediately require-- (a) in any manner in which money may be 25 invested under the Trustee Act 1958; or (b) in any other manner that the Minister approves. 85. Repayment of advances (1) The Board must pay into the public account the 30 amounts that the Minister administering section 14 of the Financial Management Act 1994, in 64 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 85 Act No. consultation with the Treasurer, determines are required to repay advances from the Public Account for the establishment and operation of the Board, including costs incurred before the 5 establishment of the Board to ensure that, when established, it can operate in a fully effective way. (2) Payments under sub-section (1) must be made in accordance with any other terms and conditions from time to time determined by the Minister 10 administering section 14 of the Financial Management Act 1994 in consultation with the Treasurer. (3) The Board must, as and when directed to do so by the Minister administering section 14 of the 15 Financial Management Act 1994, provide a plan for the repayment of advances referred to in sub- section (1). (4) The Board must, at least once in each period of 6 months after the commencement of this section, 20 and at any other time that the Minister administering section 14 of the Financial Management Act 1994 directs it to do so, report to that Minister in writing on its progress in making payments under sub-section (1). 25 _______________ 65 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 86 Act No. PART 8--ENFORCEMENT AND SUPPLEMENTARY POWERS 86. Proceedings for offences (1) The person responsible for maintaining the 5 register or any other officer authorised by the Board may take proceedings under this Act in the name of the Board. (2) Any prosecution instituted in the name of the Board must, in the absence of evidence to the 10 contrary, be taken to have been instituted by the Board. 87. Identification (1) The Board must issue an identification card to each person appointed by the Board to apply for 15 or execute search warrants for the purposes of this Act. (2) A person appointed by the Board must, in the course of performing his or her functions under this Act, produce his or her identification card to 20 any person who requests its production. 88. Powers of entry with warrant (1) A person appointed for that purpose by the Board may apply to a magistrate for the issue of a search warrant in relation to particular premises if that 25 person believes, on reasonable grounds-- (a) that there is or has been a contravention of this Act or the regulations on the premises; or (b) that entry into or onto the premises is 30 necessary for the purpose of investigating a complaint made under this Act which, if substantiated, may provide grounds for the 66 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 88 Act No. suspension or cancellation of registration of a practitioner. (2) If a magistrate is satisfied by evidence on oath, whether oral or by affidavit, that there are 5 reasonable grounds for suspecting that there is on the premises a particular thing that may be evidence of the commission of an offence against this Act or the regulations or of grounds for the suspension or cancellation of the registration of a 10 practitioner, the magistrate may issue a search warrant authorising any person named in the warrant-- (a) to enter the premises or the part of the premises named or described in the warrant; 15 and (b) to search for and seize a thing named or described in the warrant; and (c) to bring the thing before the Court so that the matter may be dealt with according to law. 20 (3) In addition to any other requirement, a search warrant issued for the purposes of this section must state-- (a) the offence or grounds of suspension or cancellation suspected; and 25 (b) the premises to be searched; and (c) the name or a description of the thing to be searched for; and (d) any conditions to which the warrant is subject; and 30 (e) whether entry is authorised to be made at any time or during stated hours; and (f) a day, not later than 7 days after the issue of the warrant, on which the warrant ceases to have effect. 67 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 89 Act No. (4) A search warrant must be issued in accordance with the Magistrates' Court Act 1989 and in a form prescribed under that Act. (5) The rules to be observed with respect to search 5 warrants mentioned in the Magistrates' Court Act 1989 extend and apply to warrants under this section. 89. Announcement before entry (1) Immediately before executing a search warrant, a 10 person named in the warrant must announce that he or she is authorised by the warrant to enter the premises. (2) The person need not comply with sub-section (1) if he or she believes on reasonable grounds that 15 immediate entry to the premises is required to ensure the safety of any person or that the effective execution of the search warrant is not frustrated. 90. Copy of warrant to be given to occupier 20 If the occupier or another person who apparently represents the occupier is present at premises when a search warrant is being executed, the person or persons named in the warrant must-- (a) identify themselves to that person by 25 producing their identification card for inspection by that person; and (b) give to that person a copy of the execution copy of the warrant. 91. Copies or receipts to be given 30 (1) If a person seizes-- (a) a document, disk or tape or other thing that can be readily copied; or 68 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 92 Act No. (b) a storage device the information in which can be readily copied-- under a warrant the person, on request by the occupier, must give a copy of the thing or 5 information to the occupier as soon as practicable after the seizure. (2) If a person seizes a thing under a warrant and has not provided a copy of the thing or information under sub-section (1) the person must provide a 10 receipt for that thing as soon as practicable after the seizure. 92. Powers of Board in relation to fees (1) The Board may fix any fee that is required or permitted to be fixed by the Board by this Act. 15 (2) In the case of any fee which the Board is empowered to fix under this Act-- (a) the Board must fix the fee for a period of 12 months and may amend or vary the fee at the end of that period; and 20 (b) the Board may fix a different fee for a different case and may allow for the reduction, waiver or refund, in whole or in part, of any fee; and (c) the Board must publish any fee it has fixed 25 in a newspaper circulating generally throughout Victoria and in the Government Gazette. (3) In fixing fees under this Act the Board is entitled to ensure that the amount of money collected in 30 fees under this Act is sufficient to cover the cost to the Board of administering this Act. _______________ 69 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 93 Act No. PART 9--MISCELLANEOUS 93. Supreme Court--limitation of jurisdiction It is the intention of section 56(3) to alter or vary section 85 of the Constitution Act 1975. 5 94. Regulations (1) The Governor in Council may make regulations for or with respect to-- (a) registration, including periods of registration, and renewal of registration, and 10 applications for registration and endorsement of registration, and renewal of registration; (b) the register, including particulars to be noted on the register and the manner of keeping the register; 15 (c) forms for the purposes of this Act; (d) time limits for the purposes of this Act; (e) penalties, not exceeding 10 penalty units, for breaches of the regulations; (f) any matter or thing required or permitted to 20 be prescribed or necessary to be prescribed to give effect to this Act. (2) The regulations-- (a) may be of general or limited application; and (b) may differ according to differences in time, 25 place or circumstance; and (c) may apply, adopt or incorporate any matter contained in any document, code, standard, rule, specification or method, formulated, issued, prescribed or published by any 30 person whether-- 70 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 94 Act No. (i) wholly or partially or as amended by the regulations; or (ii) as formulated, issued, prescribed or published at the time the regulations are 5 made or at any time before then; or (iii) as formulated, issued, prescribed or published from time to time; and (d) may confer a discretionary authority on a specified person. 10 _______________ 71 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 95 Act No. PART 10--AMENDMENTS AND TRANSITIONAL Division 1--Transitional 95. Existing qualifications and first appointments to Board 5 (1) Despite section 5, the Board may register a person who applies for registration under this Act within 3 years after the commencement of this section who does not have the qualifications required by section 5 if-- 10 (a) the Board is satisfied that the person-- (i) has obtained a qualification or undergone training in Chinese herbal medicine, acupuncture or herbal dispensing whether in Victoria or 15 elsewhere that is considered by the Board to be adequate for the purposes of this section; or (ii) has obtained a qualification or undergone training in Chinese herbal 20 medicine, acupuncture or herbal dispensing whether in Victoria or elsewhere and undergone any further study, training or supervised practice required by the Board for the purposes 25 of this section; or (iii) has carried on the practice of Chinese herbal medicine, acupuncture or herbal dispensing at any time within 10 years before the commencement of this 30 section for a consecutive period of 5 years or for any periods the aggregate of which is 5 years; and 72 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 96 Act No. (b) the person has satisfied the Board that he or she is professionally competent as a practitioner in the division of registration applied for; and 5 (c) if required by the Board, the person has satisfactorily completed an examination conducted by or on behalf of the Board; and (d) the person has satisfied the other requirements of this Act as to registration. 10 (2) Section 61 does not apply to or in relation to an acupuncturist practising acupuncture if that acupuncturist is registered by a Board established under an Act referred to in the Schedule until a day that is 3 years after the commencement of 15 section 61. (3) Despite section 69(2)(a), in the case of the first appointments of the 4 members of the Board under that provision that are to take effect on or after the commencement of section 69, those 20 members may be persons that the Minister considers would be qualified to be granted general registration under section 6. Division 2--Drugs, Poisons and Controlled Substances Act 1981 25 96. New definitions No. (1) In section 4(1) of the Drugs, Poisons and 9719/1981. Controlled Substances Act 1981 insert the Reprint No. 5 following definitions-- as at 31 December ' ''authorised practitioner" means a registered 1998. Further amended by 30 medical practitioner or pharmacist who is No. 12/1999. authorised in accordance with section 61(10) of the Chinese Medicine Registration Act 1999; 73 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 97 Act No. "registered Chinese herbal dispenser" means a registered Chinese herbal dispenser within the meaning of the Chinese Medicine Registration Act 1999; 5 "registered Chinese medicine practitioner" means a registered Chinese medicine practitioner within the meaning of the Chinese Medicine Registration Act 1999;'. (2) After section 4(2) of the Drugs, Poisons and 10 Controlled Substances Act 1981, insert-- '(3) A reference in this Act to "manufacture" does not include a reference to the process of refining, manipulating and mixing a Schedule 1 poison, where the process is 15 carried out by a registered Chinese medicine practitioner, a registered Chinese herbal dispenser or an authorised practitioner in the lawful practice of his or her profession for the purposes of use, sale or supply by that 20 practitioner or dispenser.'. 97. Amendment to heading to the Poisons List In the Table to section 12A of the Drugs, Poisons and Controlled Substances Act 1981, for the item relating to Schedule Number 1 substitute-- "1. Poisons of plant, animal or mineral origin that in the public interest should be available only from a person registered or authorised under the Chinese Medicine Registration Act 1999.". 25 98. Minister's powers to amend Poisons List in respect of Schedule 1 poisons After section 12E(1A) of the Drugs, Poisons and Controlled Substances Act 1981, insert-- 74 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 99 Act No. "(1B) The Minister may, at any time, amend the Poisons Code to-- (a) specify the substances to be included in Schedule 1 in the Poisons List; and 5 (b) amend, revoke, substitute or insert substances in Schedule 1 in the Poisons List.". 99. Authorisation to have possession etc. of Schedule 1 poisons 10 (1) In section 13(1)(a) of the Drugs, Poisons and Controlled Substances Act 1981, after "substance" insert "(other than a Schedule 1 poison)". (2) In section 13(1) of the Drugs, Poisons and 15 Controlled Substances Act 1981, after paragraph (c) insert-- "; and (d) any registered Chinese medicine practitioner whose registration is endorsed under 20 section 8 of the Chinese Medicine Registration Act 1999 is hereby authorised to obtain and have in his or her possession and to use, sell or supply any Schedule 1 poison in accordance with the endorsement 25 in the lawful practice of his or her profession as a registered Chinese medicine practitioner; and (e) any registered Chinese herbal dispenser whose registration is endorsed under 30 section 8 of the Chinese Medicine Registration Act 1999 is hereby authorised to obtain and have in his or her possession and to use, sell or supply any Schedule 1 poison in accordance with the endorsement 75 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 99 Act No. in the lawful practice of his or her profession as a registered Chinese herbal dispenser.". (3) After section 13(3) of the Drugs, Poisons and Controlled Substances Act 1981, insert-- 5 "(3A) If a registered Chinese herbal dispenser sells or supplies by wholesale to an authorised practitioner or another registered Chinese herbal dispenser a Schedule 1 poison in accordance with an endorsement of the 10 dispenser's registration under section 8 of the Chinese Medicine Registration Act 1999 for use by the authorised practitioner or other registered Chinese herbal dispenser in the lawful practice of his or her profession as an 15 authorised practitioner or a registered Chinese herbal dispenser, the sale or supply shall for the purposes of sub-section (1) be regarded as a sale or supply in the lawful practice of his or her profession by the first- 20 mentioned registered Chinese herbal dispenser.". (4) After section 13(4) of the Drugs, Poisons and Controlled Substances Act 1981, insert-- "(5) Despite sub-section (1)(a), a registered 25 medical practitioner or pharmacist who is registered as a Chinese medicine practitioner or Chinese herbal dispenser with an endorsement with respect to Schedule 1 poisons or who is an authorised 30 practitioner-- (a) in the case of a practitioner or dispenser with an endorsement, is authorised to obtain and have in his or her possession and to use, sell or supply Schedule 1 35 poisons in accordance with that endorsement in the lawful practice of 76 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 100 Act No. his or her profession as a registered medical practitioner or pharmacist; or (b) in the case of an authorised practitioner acting in accordance with an 5 authorisation referred to in 61(10) of the Chinese Medicine Registration Act 1999, is authorised to obtain and have in his or her possession and to use, sell or supply Schedule 1 poisons in the 10 lawful practice of his or her profession as a registered medical practitioner or pharmacist.". 100. New section 13A inserted After section 13 of the Drugs, Poisons and 15 Controlled Substances Act 1981, insert-- "13A. Chinese medicine practitioners and herbal dispensers must establish therapeutic need (1) A registered Chinese medicine practitioner or an authorised practitioner must not 20 administer, prescribe, sell or supply a Schedule 1 poison unless-- (a) the poison is for the therapeutic use of a person who has consulted the practitioner; and 25 (b) the practitioner has taken all reasonable steps to ensure that the person has a therapeutic need for the Schedule 1 poison. Penalty: 100 penalty units. 30 (2) A registered Chinese herbal dispenser or an authorised practitioner must not sell or supply a Schedule 1 poison to a person unless-- 77 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 101 Act No. (a) the sale or supply is on production of and in accordance with the original written prescription or order of a registered Chinese medicine 5 practitioner or an authorised practitioner; and (b) the dispenser or authorised practitioner has taken reasonable steps to ensure that the prescription or order is in 10 accordance with any endorsement of the registration of the registered Chinese medicine practitioner or the authority of that authorised practitioner. Penalty: 100 penalty units.". 15 101. Special provision for Chinese medicine practitioners and herbal dispensers After section 14 of the Drugs, Poisons and Controlled Substances Act 1981, insert-- "(2) If the Chinese Medicine Registration Board 20 of Victoria established under the Chinese Medicine Registration Act 1999 has imposed in relation to the practice of a practitioner registered under that Act a condition, limitation or restriction 25 prohibiting the prescription, ordering or dispensing of any Schedule 1 poison, that registered practitioner for the purpose of this Act and the regulations is deemed to be not authorised to obtain and have in his or her 30 possession or to use sell or supply in the lawful practice of his or her profession the Schedule 1 poison to which the condition, limitation or restriction relates.". 102. Authorities for wholesalers 78 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 103 Act No. After section 20(4) of the Drugs, Poisons and Controlled Substances Act 1981, insert-- "(5) A person who sells or supplies by wholesale or manufactures and sells or supplies by 5 wholesale any Schedule 1 poison is authorised to do so without obtaining a licence under this section.". 103. Wholesalers In section 24 of the Drugs, Poisons and 10 Controlled Substances Act 1981, after "other than a" insert "Schedule 1 poison, a". 104. Exemptions for labelling requirements After section 27A(3) of the Drugs, Poisons and Controlled Substances Act 1981, insert-- 15 "(4) Nothing in this section applies to a Schedule 1 poison that is sold or supplied by a registered Chinese medicine practitioner or registered Chinese herbal dispenser in accordance with the endorsement of that 20 person's registration under section 8 of the Chinese Medicine Registration Act 1999 or to an authorised practitioner acting in accordance with that practitioner's authority.". 25 105. Consequential amendments relating to Schedule 1 poisons In the Drugs, Poisons and Controlled Substances Act 1981-- (a) in section 38, omit "any Schedule 1 poison 30 or"; (b) in section 40, omit "any Schedule 1 poison or"; (c) in section 70(2), after "section 4(2)" insert "and (3)". 79 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 106 Act No. 106. Regulations (1) In section 129 of the Drugs, Poisons and Controlled Substances Act 1981-- (a) in sub-section (1), for "Schedule 4 poisons" 5 substitute "Schedule 1 poisons, Schedule 4 poisons"; (b) in sub-section (1)(a), after "medical practitioners," insert "registered Chinese medicine practitioners,"; 10 (c) in sub-section (1)(aa) after "medical practitioners," insert "registered Chinese medicine practitioners"; (d) in sub-section (1)(ab) after "pharmacists" insert "or registered Chinese herbal 15 dispensers"; (e) in sub-section (2) after "medical practitioner," insert "registered Chinese medicine practitioner or registered Chinese herbal dispenser,". 20 (2) In section 132(q) of the Drugs, Poisons and Controlled Substances Act 1981-- (a) after "pharmacist" insert "or registered Chinese herbal dispenser"; (b) after "medical practitioner," insert 25 "registered Chinese medicine practitioner,". 107. Old transitional references After section 134(2) of the Drugs, Poisons and Controlled Substances Act 1981, insert-- "(3) Despite sub-section (2), on or after the 30 commencement of section 97 of the Chinese Medicine Registration Act 1999, a 80 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 108 Act No. reference in Column 2 in the Table to a Schedule 1 poison is not to be taken to be a reference to a Schedule 1 poison within the meaning of this Act as amended by the 5 Chinese Medicine Registration Act 1999.". Division 3--Other Amendments 108. Amendment of Health Act 1958 No. In section 366C of the Health Act 1958, for sub- 6270/1958. section (2) substitute-- 10 "(2) A person is exempt from compliance with sub-section (1)-- (a) if the person is registered as an acupuncturist under the Chinese Medicine Registration Act 1999 or is 15 authorised in accordance with section 61(10) of that Act with respect to the practice of acupuncture; or (b) if the person conducts a business which is prescribed by the regulations as an 20 exempt business.". 109. Amendment of Pharmacists Act 1974 After section 33(4) of the Pharmacists Act 1974 insert-- "(5) Sub-section (1) does not apply to a Chinese 25 medicine practitioner or a Chinese herbal dispenser who is registered under the Chinese Medicine Registration Act 1999 and acting in accordance with an endorsement of his or her registration under 30 that Act.". 110. Health Services (Conciliation and Review) Act 1987 In the Health Services (Conciliation and Review) Act 1987-- 81 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 s. 111 Act No. (a) in section 3(1), in the definition of "health service" after paragraph (k) insert-- "(ka) Services provided by practitioners of Chinese herbal medicine, 5 acupuncturists and dispensers of Chinese herbs;"; (b) in the Schedule after the Heading insert-- "The Chinese Medicine Registration Board of Victoria". 10 111. Other amendments On the coming into operation of an item in the Schedule, the Act specified in the heading to that item is amended as set out in that item. __________________ 15 82 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 Sch. Act No. SCHEDULE Section 111 AMENDMENTS 1. Chiropractors Registration Act 1996 5 1.1 In section 62(1), after paragraph (g) insert-- "(ga) to endorse or note the registration of the chiropractor or otherwise authorise the chiropractor to the effect that he or she is authorised to do all or any of the things prohibited by section 61(1)(a), (c) and (d), (2), 10 (3) and (4) of the Chinese Medicine Registration Act 1999;". 1.2 After section 62(3) insert-- "(4) The Board must-- (a) consult the Chinese Medicine Registration 15 Board established under the Chinese Medicine Registration Act 1999 about the standards of training and clinical practice required for chiropractors authorised to be exempt from the provisions of section 61(1)(a), (c) and (d), (2), 20 (3) and (4) of that Act; and (b) take reasonable steps to ensure that a person with appropriate qualifications or training in Chinese medicine practice is appointed to a panel if it is investigating a complaint that 25 involves the practice of Chinese medicine.". 2. Medical Practice Act 1994 2.1 In section 66(1), after paragraph (g) insert-- "(ga) to endorse or note the registration of the medical practitioner or otherwise authorise the medical 30 practitioner to the effect that he or she is exempted from all or any of the specified provisions of section 61(1)(a), (c) and (d), (2), (3) and (4) of the Chinese Medicine Registration Act 1999;". 2.2 After section 66(3) insert-- 83 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 Sch. Act No. "(4) The Board must-- (a) consult the Chinese Medicine Registration Board established under the Chinese Medicine Registration Act 1999 about the standards of 5 training and clinical practice required for medical practitioners authorised to be exempt from the provisions of section 61(1)(a), (c) and (d), (2), (3) and (4) of that Act; and (b) take reasonable steps to ensure that a person 10 with appropriate qualifications or training in Chinese medicine practice is appointed to a panel if it is investigating a complaint that involves the practice of Chinese medicine.". 3. Nurses Act 1993 15 3.1 In section 66(1), after paragraph (m) insert-- "(ma) to endorse or note the registration of the nurse or otherwise authorise the nurse to the effect that he or she is exempted from all or any of the specified provisions of section 61(1)(a), (c) and (d), (2), (3) and 20 (4) of the Chinese Medicine Registration Act 1999;". 3.2 After section 66(3) insert-- "(4) The Board must-- (a) consult the Chinese Medicine Registration 25 Board established under the Chinese Medicine Registration Act 1999 about the standards of training and clinical practice required for nurses authorised to be exempt from the provisions of section 61(1)(a), (c) and (d), (2), (3) and (4) of 30 that Act; and (b) take reasonable steps to ensure that a person with appropriate qualifications or training in Chinese medicine practice is appointed to a panel if it is investigating a complaint that 35 involves the practice of Chinese medicine.". 4. Optometrists Registration Act 1996 4.1 In section 66(1), after paragraph (g) insert-- 84 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 Sch. Act No. "(ga) to endorse or note the registration of the optometrist or otherwise authorise the optometrist to the effect that he or she is exempted from all or any of the specified provisions of section 61(1)(a), (c) and (d), 5 (2), (3) and (4) of the Chinese Medicine Registration Act 1999;". 4.2 After section 66(3) insert-- "(4) The Board must-- (a) consult the Chinese Medicine Registration 10 Board established under the Chinese Medicine Registration Act 1999 about the standards of training and clinical practice required for optometrists authorised to be exempt from the provisions of section 61(1)(a), (c) and (d), (2), 15 (3) and (4) of that Act; and (b) take reasonable steps to ensure that a person with appropriate qualifications or training in Chinese medicine practice is appointed to a panel if it is investigating a complaint that 20 involves the practice of Chinese medicine.". 5. Osteopaths Registration Act 1996 5.1 In section 62(1), after paragraph (g) insert-- "(ga) to endorse or note the registration of the osteopath or otherwise authorise the osteopath to the effect that he 25 or she is exempted from all or any of the specified provisions of section 61(1)(a), (c) and (d), (2), (3) and (4) of the Chinese Medicine Registration Act 1999;". 5.2 After section 62(3) insert-- 30 "(4) The Board must-- (a) consult the Chinese Medicine Registration Board established under the Chinese Medicine Registration Act 1999 about the standards of training and clinical practice required for 35 osteopaths authorised to be exempt from the provisions of section 61(1)(a), (c) and (d), (2), (3) and (4) of that Act; and (b) take reasonable steps to ensure that a person with appropriate qualifications or training in 40 Chinese medicine practice is appointed as a 85 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 Sch. Act No. member of the Board if it is investigating a complaint that involves the practice of Chinese medicine or the dispensing of Chinese herbs.". 6. Pharmacists Act 1974 5 6.1 In section 5(1), after paragraph (l) insert-- "(la) to endorse or note the registration of the pharmacist or otherwise authorise the pharmacist to the effect that he or she is exempted from all or any of the specified provisions of section 61(1)(a), (c) and (d), (2), (3) and 10 (4) of the Chinese Medicine Registration Act 1999;". 6.2 After section 5(2) insert-- "(3) The Board must-- (a) consult the Chinese Medicine Registration 15 Board established under the Chinese Medicine Registration Act 1999 about the standards of training and pharmaceutical practice required for pharmacists authorised to be exempt from the provisions of section 61(1)(a), (c) and (d), 20 (2), (3) and (4) of that Act; and (b) take reasonable steps to ensure that a person with appropriate qualifications or training in Chinese medicine practice is appointed as a member of the Board if it is inquiring into the 25 conduct of a pharmacist that involves the practice of Chinese medicine or the dispensing of Chinese herbs.". 7. Physiotherapists Registration Act 1998 7.1 In section 61(1), after paragraph (g) insert-- 30 "(ga) to endorse or note the registration of the physiotherapist or otherwise authorise the physiotherapist to the effect that he or she is exempted from all or any of the specified provisions of section 61(1)(a), (c) and (d), (2), (3) and (4) of the 35 Chinese Medicine Registration Act 1999;". 7.2 After section 61(3) insert-- "(4) The Board must-- 86 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 Sch. Act No. (a) consult the Chinese Medicine Registration Board established under the Chinese Medicine Registration Act 1999 about the standards of training and clinical practice required for 5 physiotherapists authorised to be exempt from the provisions of section 61(1)(a), (c) and (d), (2), (3) and (4) of that Act; and (b) take reasonable steps to ensure that a person with appropriate qualifications or training in 10 Chinese medicine practice is appointed to a panel if it is investigating a complaint that involves the practice of Chinese medicine.". 87 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 Notes Act No. NOTES By Authority. Government Printer for the State of Victoria. 88 532205B.I1-26/5/99

Chinese Medicine Registration Act 1999 Act No. 89 532205B.I1-26/5/99

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