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PARLIAMENT OF VICTORIA
Health Legislation (Further Amendment) Act 2003
Victorian Legislation and Parliamentary Documents
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
PART 2--CHINESE MEDICINE 3
3. Claims as to registration 3
4. Endorsement of registration of chiropractors 3
5. Endorsement of registration of dentists 5
6. Endorsement of registration of medical practitioners 6
7. Notation of registration of nurses 7
8. Notation of registration of optometrists 9
9. Endorsement of registration of osteopaths 10
10. Endorsement of registration of pharmacists 11
11. Endorsement of registration of physiotherapists 13
PART 3--REPEAL AND OTHER AMENDMENTS 15
12. Health records--Commonwealth agencies 15
13. New section 134O inserted in Health Services Act 15
134O. HPV--trade practices 15
14. Repeal of Pathology Services Accreditation Act 1984 16
15. Minor amendments 17
ENDNOTES 18
i
551092B.I1-29/10/2003 BILL LA CIRCULATION 29/10/2003
PARLIAMENT OF VICTORIA
Initiated in Assembly 28 October 2003
Victorian Legislation and Parliamentary Documents
A BILL
to amend various Acts relating to the registration of health
practitioners and the Health Records Act 2001 and the Health
Services Act 1988 and to repeal the Pathology Services
Accreditation Act 1984 and for other purposes.
Health Legislation (Further
Amendment) Act 2003
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The main purpose of this Act is to amend various
Acts relating to the registration of health
5 practitioners and the Health Records Act 2001
551092B.I1-29/10/2003 BILL LA CIRCULATION 29/10/2003
1
Health Legislation (Further Amendment) Act 2003
Act No.
Part 1--Preliminary
s. 2
and the Health Services Act 1988 and to repeal
the Pathology Services Accreditation Act 1984.
Victorian Legislation and Parliamentary Documents
2. Commencement
(1) Sections 1, 12 and 13 and this section come into
5 operation on the day after the day on 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.
10 (3) If a provision referred to in sub-section (2) does
not come into operation before 1 January 2004, it
comes into operation on that day.
__________________
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Health Legislation (Further Amendment) Act 2003
Act No.
Part 2--Chinese Medicine
s. 3
PART 2--CHINESE MEDICINE
Victorian Legislation and Parliamentary Documents
3. Claims as to registration
Act No.
(1) For section 61(2) and (3) of the Chinese 18/2000.
Medicine Registration Act 2000 substitute--
5 "(2) A person who is not a registered Chinese
medicine practitioner must not use the title
Chinese medicine practitioner or Oriental
medicine practitioner whether in English or
any other language.
10 Penalty: 50 penalty units.
(3) A person who is not registered as an
acupuncturist under Part 2 must not use the
title acupuncturist whether in English or any
other language.
15 Penalty: 50 penalty units.
(3A) A person who is not registered as a Chinese
herbal medicine practitioner under Part 2
must not use the title Chinese herbal
medicine practitioner or Chinese herbalist
20 whether in English or any other language.
Penalty: 50 penalty units.".
(2) In section 61(11) of the Chinese Medicine
Registration Act 2000 omit "(2),".
4. Endorsement of registration of chiropractors
25 Act No.
(1) For section 7A(1) of the Chiropractors 63/1996.
Registration Act 1996 substitute--
"(1) The Board may endorse the registration of a
chiropractor to the effect that the
chiropractor is qualified to be exempt with
30 respect to the practise of acupuncture from
section 61(1)(c) and (d) and (3) of the
Chinese Medicine Registration Act 2000
if--
3
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Act No.
Part 2--Chinese Medicine
s. 4
(a) the Board is satisfied that the
chiropractor has satisfactorily
completed a course of study or training
Victorian Legislation and Parliamentary Documents
in acupuncture that is approved by the
5 Board; or
(b) the chiropractor has passed an
examination relating to the practise of
acupuncture that is set by or on behalf
of the Board.".
10 (2) In section 8 of the Chiropractors Registration
Act 1996, after "registration" (where twice
occurring) insert "or endorsement of registration".
(3) In section 9 of the Chiropractors Registration
Act 1996--
15 (a) in sub-section (1) after "registration" (where
twice occurring) insert "or endorsement of
registration";
(b) in sub-section (2)(b)(ii) for "registration."
substitute "registration; or";
20 (c) after sub-section (2)(b) insert--
"(c) if the registration has been endorsed,
whether or not any conditions,
limitations or restrictions have been
imposed on the endorsement and, if so,
25 the reasons for imposing the conditions,
limitations or restrictions; or
(d) if the endorsement of registration has
been refused--
(i) the reasons why it has been
30 refused; and
(ii) a statement that the applicant has a
right to obtain a review of the
decision to refuse to endorse the
registration.".
4
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Act No.
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s. 5
5. Endorsement of registration of dentists
Act No.
(1) For section 8A(1) of the Dental Practice Act 26/1999.
Victorian Legislation and Parliamentary Documents
1999 substitute--
"(1) The Board may endorse the registration of a
5 dental care provider (other than a registered
dental prosthetist) to the effect that the dental
care provider is qualified to be exempt with
respect to the practise of acupuncture from
section 61(1)(c) and (d) and (3) of the
10 Chinese Medicine Registration Act 2000
if--
(a) the Board is satisfied that the dental
care provider has satisfactorily
completed a course of study or training
15 in acupuncture that is approved by the
Board; or
(b) the dental care provider has passed an
examination relating to the practise of
acupuncture that is set by or on behalf
20 of the Board.".
(2) In section 9 of the Dental Practice Act 1999,
after "registration" (where twice occurring) insert
"or endorsement of registration".
(3) In section 10 of the Dental Practice Act 1999--
25 (a) in sub-section (1) after "registration" (where
twice occurring) insert "or endorsement of
registration";
(b) in sub-section (2)(b)(ii) for "registration."
substitute "registration;";
30 (c) after sub-section (2)(b) insert--
"(c) if the registration has been endorsed,
whether or not any conditions,
limitations or restrictions have been
imposed on the endorsement and, if so,
5
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Act No.
Part 2--Chinese Medicine
s. 6
the reasons for imposing the conditions,
limitations or restrictions;
Victorian Legislation and Parliamentary Documents
(d) if the endorsement of registration has
been refused--
5 (i) the reasons why it has been
refused; and
(ii) a statement that the applicant has a
right to obtain a review of the
decision to refuse to endorse the
10 registration.".
6. Endorsement of registration of medical
practitioners
Act No. (1) For section 9B(1) of the Medical Practice Act
23/1994.
1994 substitute--
15 "(1) The Board may endorse the registration of a
medical practitioner to the effect that the
medical practitioner is qualified to be exempt
with respect to the practise of acupuncture
from section 61(1)(c) and (d) and (3) of the
20 Chinese Medicine Registration Act 2000
if--
(a) the Board is satisfied that the medical
practitioner has satisfactorily completed
a course of study or training in
25 acupuncture that is approved by the
Board; or
(b) the medical practitioner has passed an
examination relating to the practise of
acupuncture that is set by or on behalf
30 of the Board.".
(2) In section 10 of the Medical Practice Act 1994,
after "registration" (where twice occurring) insert
"or endorsement of registration".
6
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Act No.
Part 2--Chinese Medicine
s. 7
(3) In section 11 of the Medical Practice Act 1994--
(a) in sub-section (1) after "registration" (where
Victorian Legislation and Parliamentary Documents
twice occurring) insert "or endorsement of
registration";
5 (b) in sub-section (2)(b)(ii) for "registration."
substitute "registration; or";
(c) after sub-section (2)(b) insert--
"(c) if the registration has been endorsed,
whether or not any conditions,
10 limitations or restrictions have been
imposed on the endorsement and, if so,
the reasons for imposing the conditions,
limitations or restrictions; or
(d) if the endorsement of registration has
15 been refused--
(i) the reasons why it has been
refused; and
(ii) a statement that the applicant has a
right to obtain a review of the
20 decision to refuse to endorse the
registration.".
7. Notation of registration of nurses
Act No.
(1) For section 8A(1) of the Nurses Act 1993 111/1993.
substitute--
25 "(1) The Board may note the registration of a
nurse to the effect that the nurse is qualified
to be exempt with respect to the practise of
acupuncture from section 61(1)(c) and (d)
and (3) of the Chinese Medicine
30 Registration Act 2000 if--
7
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Act No.
Part 2--Chinese Medicine
s. 7
(a) the Board is satisfied that the nurse has
satisfactorily completed a course of
study or training in acupuncture that is
Victorian Legislation and Parliamentary Documents
approved by the Board; or
5 (b) the nurse has passed an examination
relating to the practise of acupuncture
that is set by or on behalf of the
Board.".
(2) In section 10 of the Nurses Act 1993, after "or
10 endorsement" (where twice occurring) insert "or
notation".
(3) In section 11 of the Nurses Act 1993--
(a) in sub-section (1) after "or endorsement"
(where twice occurring) insert "or notation";
15 (b) in sub-section (2)(d)(ii) for "registration."
substitute "registration; or";
(c) after sub-section (2)(d) insert--
"(e) if the registration has been noted,
whether or not any conditions,
20 limitations or restrictions have been
imposed on the notation and, if so, the
reasons for imposing the conditions,
limitations or restrictions; or
(f) if the notation of registration has been
25 refused--
(i) the reasons why it has been
refused; and
(ii) a statement that the applicant has a
right to obtain a review of the
30 decision to refuse to note the
registration.".
8
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Act No.
Part 2--Chinese Medicine
s. 8
8. Notation of registration of optometrists
Act No.
(1) For section 8A(1) of the Optometrists 56/1996.
Victorian Legislation and Parliamentary Documents
Registration Act 1996 substitute--
"(1) The Board may note the registration of an
5 optometrist to the effect that the optometrist
is qualified to be exempt with respect to the
practise of acupuncture from section 61(1)(c)
and (d) and (3) of the Chinese Medicine
Registration Act 2000 if--
10 (a) the Board is satisfied that the
optometrist has satisfactorily completed
a course of study or training in
acupuncture that is approved by the
Board; or
15 (b) the optometrist has passed an
examination relating to the practise of
acupuncture that is set by or on behalf
of the Board.".
(2) In section 9 of the Optometrists Registration
20 Act 1996, after "registration" (where twice
occurring) insert "or notation of registration".
(3) In section 10 of the Optometrists Registration
Act 1996--
(a) in sub-section (1) after "registration" (where
25 twice occurring) insert "or notation of
registration";
(b) in sub-section (2)(b)(ii) for "registration."
substitute "registration; or";
(c) after sub-section (2)(b) insert--
30 "(c) if the registration has been noted,
whether or not any conditions,
limitations or restrictions have been
imposed on the notation and, if so, the
reasons for imposing the conditions,
35 limitations or restrictions; or
9
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Act No.
Part 2--Chinese Medicine
s. 9
(d) if the notation of registration has been
refused--
Victorian Legislation and Parliamentary Documents
(i) the reasons why it has been
refused; and
5 (ii) a statement that the applicant has a
right to obtain a review of the
decision to refuse to note the
registration.".
9. Endorsement of registration of osteopaths
10 Act No. (1) For section 7A(1) of the Osteopaths Registration
75/1996.
Act 1996 substitute--
"(1) The Board may endorse the registration of an
osteopath to the effect that the osteopath is
qualified to be exempt with respect to the
15 practise of acupuncture from section 61(1)(c)
and (d) and (3) of the Chinese Medicine
Registration Act 2000 if--
(a) the Board is satisfied that the osteopath
has satisfactorily completed a course of
20 study or training in acupuncture that is
approved by the Board; or
(b) the osteopath has passed an
examination relating to the practise of
acupuncture that is set by or on behalf
25 of the Board.".
(2) In section 8 of the Osteopaths Registration Act
1996, after "registration" (where twice occurring)
insert "or endorsement of registration".
(3) In section 9 of the Osteopaths Registration Act
30 1996--
(a) in sub-section (1) after "registration" (where
twice occurring) insert "or endorsement of
registration";
10
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Act No.
Part 2--Chinese Medicine
s. 10
(b) in sub-section (2)(b)(ii) for "registration."
substitute "registration; or";
Victorian Legislation and Parliamentary Documents
(c) after sub-section (2)(b) insert--
"(c) if the registration has been endorsed,
5 whether or not any conditions,
limitations or restrictions have been
imposed on the endorsement and, if so,
the reasons for imposing the conditions,
limitations or restrictions; or
10 (d) if the endorsement of registration has
been refused--
(i) the reasons why it has been
refused; and
(ii) a statement that the applicant has a
15 right to obtain a review of the
decision to refuse to endorse the
registration.".
10. Endorsement of registration of pharmacists
Act No. 8593.
(1) For section 16A(1) of the Pharmacists Act 1974
20 substitute--
"(1) The Board may endorse the registration of a
pharmacist to the effect that the pharmacist is
qualified to be exempt with respect to the
dispensing of Chinese herbs from section
25 61(1)(c) and (d) and (4) of the Chinese
Medicine Registration Act 2000 if--
(a) the Board is satisfied that the
pharmacist has satisfactorily completed
a course of study or training in the
30 dispensing of Chinese herbs that is
approved by the Board; or
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Act No.
Part 2--Chinese Medicine
s. 10
(b) the pharmacist has passed an
examination relating to the dispensing
of Chinese herbs that is set by or on
Victorian Legislation and Parliamentary Documents
behalf of the Board.".
5 (2) After section 16A(6) of the Pharmacists Act
1974 insert--
"(7) If the Board is proposing to refuse an
application for endorsement of registration
under sub-section (1) or to impose
10 conditions, limitations or restrictions on the
endorsement the Board must not do so until
it has given the applicant--
(a) notice of the proposal; and
(b) a reasonable opportunity to make
15 submissions to the Board about the
proposal.
(8) Upon determining an application for
endorsement of registration under sub-
section (1), the Board must notify the
20 applicant as to whether or not endorsement
of registration has been granted to the
applicant.
(9) A notice under sub-section (8) must include
the following information--
25 (a) if the registration has been endorsed,
whether or not any conditions,
limitations or restrictions have been
imposed on the endorsement and, if so,
the reasons for imposing the conditions,
30 limitations or restrictions;
(b) if the endorsement of registration has
been refused the reasons why it has
been refused and a statement that the
applicant has a right to obtain a review
35 of the decision to refuse to endorse the
registration.".
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Act No.
Part 2--Chinese Medicine
s. 11
11. Endorsement of registration of physiotherapists
Act No.
(1) For section 7A(1) of the Physiotherapists 55/1998.
Victorian Legislation and Parliamentary Documents
Registration Act 1998 substitute--
"(1) The Board may endorse the registration of a
5 physiotherapist to the effect that the
physiotherapist is qualified to be exempt
with respect to the practise of acupuncture
from section 61(1)(c) and (d) and (3) of the
Chinese Medicine Registration Act 2000
10 if--
(a) the Board is satisfied that the
physiotherapist has satisfactorily
completed a course of study or training
in the practise of acupuncture that is
15 approved by the Board; or
(b) the physiotherapist has passed an
examination relating to the practise of
acupuncture that is set by or on behalf
of the Board.".
20 (2) In section 8(1) of the Physiotherapists
Registration Act 1998, after "registration" (where
twice occurring) insert "or endorsement of
registration".
(3) In section 9 of the Physiotherapists Registration
25 Act 1998--
(a) in sub-section (1) after "registration" (where
twice occurring) insert "or endorsement of
registration";
(b) in sub-section (2)(b)(ii) for "registration."
30 substitute "registration; or";
(c) after sub-section (2)(b) insert--
"(c) if the registration has been endorsed,
whether or not any conditions,
limitations or restrictions have been
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Health Legislation (Further Amendment) Act 2003
Act No.
Part 2--Chinese Medicine
s. 11
imposed on the endorsement and, if so,
the reasons for imposing the conditions,
limitations or restrictions; or
Victorian Legislation and Parliamentary Documents
(d) if the endorsement of registration has
5 been refused--
(i) the reasons why it has been
refused; and
(ii) a statement that the applicant has a
right to obtain a review of the
10 decision to refuse to endorse the
registration.".
__________________
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Health Legislation (Further Amendment) Act 2003
Act No.
Part 3--Repeal and Other Amendments
s. 12
PART 3--REPEAL AND OTHER AMENDMENTS
Victorian Legislation and Parliamentary Documents
12. Health records--Commonwealth agencies
See:
(1) After section 10(4) of the Health Records Act Act No.
2001 insert-- 2/2001
and
5 "(5) Despite sub-sections (1) and (2), nothing in amending
Act Nos
this Act applies to an agency within the 27/2001,
meaning of the Privacy Act 1988 of the 14/2002 and
52/2003.
Commonwealth.". LawToday:
www.dms.
(2) After section 11(3) of the Health Records Act dpc.vic.
10 2001 insert-- gov.au
"(4) Despite sub-section (1), nothing in this Act
applies to an agency within the meaning of
the Privacy Act 1988 of the
Commonwealth.".
15 13. New section 134O inserted in Health Services Act
Act No.
After section 134N of the Health Services Act 49/1988.
1988 insert--
"134O. HPV--trade practices
(1) Any act or thing of or relating to HPV in carrying
20 out its functions or exercising its powers under
this Part is authorised for the purposes of Part IV
of the Trade Practices Act 1974 of the
Commonwealth and the Competition Code within
the meaning of the Competition Policy Reform
25 (Victoria) Act 1995.
(2) Any act or thing of or relating to a public hospital
or a member of a board of a public hospital or a
person who is engaged or employed by a public
hospital in complying with an HPV direction or a
30 purchasing policy of HPV under this Part or in
relation to the purchase by, or supply to, a public
hospital of goods or services in accordance with
this Part is authorised for the purposes of Part IV
15
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Health Legislation (Further Amendment) Act 2003
Act No.
Part 3--Repeal and Other Amendments
s. 14
of the Trade Practices Act 1974 of the
Commonwealth and the Competition Code within
the meaning of the Competition Policy Reform
Victorian Legislation and Parliamentary Documents
(Victoria) Act 1995.".
5 14. Repeal of Pathology Services Accreditation Act 1984
Act No. 10083. (1) The Pathology Services Accreditation Act 1984
is repealed.
(2) Despite section 13(1) of the Pathology Services
Accreditation Act 1984, a person who applied for
10 accreditation with respect to any period
commencing on or after 1 July 2003 is not liable
to pay the fee required by that sub-section.
(3) Despite section 16 of the Pathology Services
Accreditation Act 1984, a person who applied for
15 renewal of accreditation with respect to any period
commencing on or after 1 July 2003 is not liable
to pay the fee required by that section.
(4) Despite section 18A(3) of the Pathology Services
Accreditation Act 1984, a person who applied for
20 a pathology service to again be deemed to be
accredited with respect to any period commencing
on or after 1 July 2003 is not liable to pay the fee
required by that sub-section.
(5) The Secretary within the meaning of the Health
25 Act 1958 must ensure that any fees are refunded
to a person who, before the repeal of that Act,
paid for an application under section 13(1), 16 or
18A(3) of the Pathology Services Accreditation
Act 1984 if the application was made with respect
30 to any period of accreditation, renewal of
accreditation or deemed accreditation
commencing on or after 1 July 2003.
16
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Health Legislation (Further Amendment) Act 2003
Act No.
Part 3--Repeal and Other Amendments
s. 15
15. Minor amendments
(1) In the Medical Practice Act 1994--
Victorian Legislation and Parliamentary Documents
(a) in section 3(1), in paragraph (k) of the
definition of "unprofessional conduct" for
5 "performance." substitute "performance;";
(b) in the heading to section 29, omit "29."
(where first occurring);
(c) in the heading to section 39, omit "39."
(where first occurring);
10 (d) in the heading to section 46, omit "46."
(where first occurring);
(e) in the heading to section 57, omit "57."
(where first occurring);
(f) in the heading to section 58, omit "58."
15 (where first occurring);
(g) in section 93A(1)(b) for "complaint"
substitute "matter in a notification".
(2) In section 93(2)(b) of the Osteopaths
Registration Act 1996 for "accordance this
20 section" substitute "accordance with this section".
17
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Health Legislation (Further Amendment) Act 2003
Act No.
Endnotes
ENDNOTES
Victorian Legislation and Parliamentary Documents
By Authority. Government Printer for the State of Victoria.
18
551092B.I1-29/10/2003 BILL LA CIRCULATION 29/10/2003
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