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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Health Legislation (Miscellaneous Amendments)
Act 2005
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
PART 2--CEMETERIES AND CREMATORIA ACT 2003 3
3. Fees of cemetery trusts 3
4. Interment approval fees 3
5. Orders about deceased poor persons 3
6. Application for exhumation licence 4
7. New section 158A inserted 5
158A. False statements 5
PART 3--HEALTH SERVICES ACT 1988 6
8. Health service agreements 6
9. Interim funding statements 6
10. Annual meetings of public hospitals 6
11. Directors of boards of health services 6
12. Annual meetings of public health services 7
13. Exemptions from HDV purchasing policies 7
14. New section 134D substituted 7
134D. Members of HPV 7
PART 4--MENTAL HEALTH ACT 1986 9
15. Involuntary treatment orders 9
16. New sections 12 and 12AA substituted 9
12. Involuntary treatment orders--persons in the
community 9
12AA. Involuntary treatment orders--persons in approved
mental health services 10
17. Consequential amendments 12
18. Treatment plans 12
19. Special leave 13
i
551324B.I1-18/5/2005 BILL LA INTRODUCTION 18/5/2005
Clause Page
PART 5--HEALTH PRACTITIONER ACTS 14
Division 1--Chinese Medicine Registration Act 2000 14
20. New section 50A inserted 14
50A. Agreements to amend, vary or revoke conditions or
revoke suspensions 14
21. Claims as to registration 15
22. Chinese Medicine Registration Board 15
23. New Schedule substituted 15
Division 2--Chiropractors Registration Act 1996 16
24. Registration 16
25. Board and panels 18
26. New section 51A inserted and consequential repeal 19
51A. Agreements to amend, vary or revoke conditions or
revoke suspensions 19
27. New section 99 inserted 20
99. Transitional--panels 20
Division 3--Dental Practice Act 1999 21
28. Registration 21
29. New section 49A inserted and consequential repeal 22
49A. Agreements to amend, vary or revoke conditions or
revoke suspensions 22
Division 4--Medical Practice Act 1994 23
30. Board 23
Division 5--Nurses Act 1993 23
31. Registration 23
32. New section 49C inserted and consequential repeal 24
49C. Agreements to amend, vary or revoke conditions or
revoke suspensions 24
Division 6--Optometrists Registration Act 1996 24
33. Registration 24
34. Board and panels 26
35. New section 52A inserted and consequential repeal 28
52A. Agreements to amend, vary or revoke conditions or
revoke suspensions 28
36. New section 100 substituted and consequential amendment 29
100. Transitional--panels 29
ii
551324B.I1-18/5/2005 BILL LA INTRODUCTION 18/5/2005
Clause Page
Division 7--Osteopaths Registration Act 1996 30
37. Registration 30
38. Board and panels 32
39. New section 51A inserted and consequential repeal 34
51A. Agreements to amend, vary or revoke conditions or
revoke suspensions 34
40. New section 95 substituted 34
95. Transitional--panels 34
Division 8--Physiotherapists Registration Act 1998 35
41. Registration 35
42. Board and panels 38
43. New section 50A inserted and consequential repeal 39
50A. Agreements to amend, vary or revoke conditions or
revoke suspensions 39
44. New section 96 inserted 40
96. Transitional--panels 40
Division 9--Podiatrists Registration Act 1997 41
45. Registration 41
46. Board and panels 43
47. New section 51A inserted and consequential repeal 45
51A. Agreements to amend, vary or revoke conditions or
revoke suspensions 45
48. New section 97 substituted 45
97. Transitional--panels 45
Division 10--Psychologists Registration Act 2000 46
49. The Board 46
50. New section 54A inserted and consequential repeal 47
54A. Agreements to amend, vary or revoke conditions or
revoke suspensions 47
PART 6--MISCELLANEOUS AMENDMENTS 48
51. Building Act 1993 48
52. Health Act 1958 48
53. Veterinary Practice Act 1997--new section 50A 48
50A. Agreements to amend, vary or revoke conditions or
revoke suspensions 48
54. Veterinary Practice Act 1997--Board members 49
ENDNOTES 50
iii
551324B.I1-18/5/2005 BILL LA INTRODUCTION 18/5/2005
PARLIAMENT OF VICTORIA
A BILL
to amend the Cemeteries and Crematoria Act 2003, the Health
Services Act 1988, the Mental Health Act 1986, various health
practitioner regulation Acts and the Veterinary Practice Act 1997
and for other purposes.
Health Legislation (Miscellaneous
Amendments) Act 2005
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The main purpose of this Act is to amend the
Cemeteries and Crematoria Act 2003, the
Health Services Act 1988, the Mental Health
5
Act 1986, various health practitioner regulation
1
551324B.I1-18/5/2005 BILL LA INTRODUCTION 18/5/2005
Health Legislation (Miscellaneous Amendments) Act 2005
Act No.
Part 1--Preliminary
s. 2
Acts and the Veterinary Practice Act 1997 and
for other purposes.
2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
5
__________________
2
551324B.I1-18/5/2005 BILL LA INTRODUCTION 18/5/2005
Health Legislation (Miscellaneous Amendments) Act 2005
Act No.
Part 2--Cemeteries and Crematoria Act 2003
s. 3
See:
PART 2--CEMETERIES AND CREMATORIA ACT 2003
Act No.
80/2003 and
3. Fees of cemetery trusts amending
Act No.
(1) In section 43 of the Cemeteries and Crematoria 108/2004.
LawToday:
Act 2003-- www.dms.
dpc.vic.
(a) in sub-section (1)(b) omit "the increase in";
5 gov.au
(b) for sub-section (3)(c) substitute--
"(c) applies to cemetery trusts and cemetery
trust fees in accordance with the
declaration.".
(2) After section 43(2) of the Cemeteries and
10
Crematoria At 2003 insert--
"(2A) A declaration under sub-section (2) may
provide that this section does not apply to--
(a) a specified cemetery trust or specified
cemetery trusts;
15
(b) specified cemetery trust fees of
cemetery trusts generally;
(c) specified cemetery trust fees of a
specified cemetery trust or specified
cemetery trusts.".
20
4. Interment approval fees
In section 121(2)(b) of the Cemeteries and
Crematoria Act 2003 after "fee" insert
"(if any)".
5. Orders about deceased poor persons
25
In sections 142, 143(1), 143(2) and 144 of the
Cemeteries and Crematoria Act 2003 after
"Magistrates' Court" insert "or a coroner
appointed under the Coroners Act 1985".
3
551324B.I1-18/5/2005 BILL LA INTRODUCTION 18/5/2005
Health Legislation (Miscellaneous Amendments) Act 2005
Act No.
Part 2--Cemeteries and Crematoria Act 2003
s. 6
6. Application for exhumation licence
After section 156(2) of the Cemeteries and
Crematoria Act 2003 insert--
"(3) An application for an exhumation licence
must also be accompanied by one of the
5
following--
(a) a notice under section 37(2) of the
Births, Deaths and Marriages
Registration Act 1996;
(b) a certificate in the form prescribed
10
under section 23 of the Coroners Act
1985;
(c) if the deceased died in another State or
Territory of the Commonwealth or
overseas, a document corresponding to
15
a notice under section 37(2) of the
Births, Deaths and Marriages
Registration Act 1996 from the
jurisdiction where the deceased died;
(d) if the licence is for a stillborn child--
20
(i) a notice of still-birth under the
Births, Deaths and Marriages
Registration Act 1996; or
(ii) if the still-birth occurred in
another State or Territory of the
25
Commonwealth or overseas, a
document corresponding to a
notice of still-birth under the
Births, Deaths and Marriages
Registration Act 1996 from the
30
jurisdiction where the stillbirth
occurred;
4
551324B.I1-18/5/2005 BILL LA INTRODUCTION 18/5/2005
Health Legislation (Miscellaneous Amendments) Act 2005
Act No.
Part 2--Cemeteries and Crematoria Act 2003
s. 7
(e) a statutory declaration made by the
applicant stating that owing to special
circumstances, it is not possible to
produce the required documents
referred to in paragraph (a), (c) or (d).".
5
7. New section 158A inserted
After section 158 of the Cemeteries and
Crematoria Act 2003 insert--
"158A. False statements
A person must not knowingly make a false
10
statement in an application for an
exhumation licence under this Part.
Penalty: 240 penalty units or 2 years
imprisonment or both.".
__________________
5
551324B.I1-18/5/2005 BILL LA INTRODUCTION 18/5/2005
Health Legislation (Miscellaneous Amendments) Act 2005
Act No.
Part 3--Health Services Act 1988
s. 8
See: PART 3--HEALTH SERVICES ACT 1988
Act No.
49/1988.
8. Health service agreements
Reprint No. 9
as at 1 July
After section 26(4) of the Health Services Act
2004 and
G.G. 19.8.2004
1988 insert--
p. 2343 and
amending
"(4A) A health service agreement entered into by a
5 Act Nos
18/2004 and denominational hospital or a public health
108/2004.
service is not required to specify particulars
LawToday:
www.dms. of any matters that are, or are to be, specified
dpc.vic.
in a statement of priorities that has been, or
gov.au
will be, agreed to or made in relation to the
10
hospital or health service under this Act for
the financial year that the health service
agreement is made in respect of.".
9. Interim funding statements
(1) In section 27(1) of the Health Services Act 1988
15
for "must issue" substitute "may issue".
(2) After section 27(1) of the Health Services Act
1988 insert--
"(1A) The Minister is not required to issue an
interim funding statement under sub-section
20
(1) for a denominational hospital or a public
health service in relation to a financial year if
a statement of priorities has been agreed to
or made in relation to the hospital or health
service under this Act in respect of that
25
financial year.".
10. Annual meetings of public hospitals
In section 36(1) of the Health Services Act 1988
for "October" substitute "December".
11. Directors of boards of health services
30
In section 65U(2) of the Health Services Act
1988 for "3 consecutive terms" substitute
"9 consecutive years".
6
551324B.I1-18/5/2005 BILL LA INTRODUCTION 18/5/2005
Health Legislation (Miscellaneous Amendments) Act 2005
Act No.
Part 3--Health Services Act 1988
s. 12
12. Annual meetings of public health services
In section 65ZG(1) of the Health Services Act
1988 for "October" substitute "December".
13. Exemptions from HDV purchasing policies
In section 134A of the Health Services Act 1988
5
after "policy" insert "or part of a purchasing
policy".
14. New section 134D substituted
For section 134D of the Health Services Act
1988 substitute--
10
"134D. Members of HPV
(1) HPV consists of the following members
appointed by the Governor in Council on the
recommendation of the Minister--
(a) a chairperson who, in the Minister's
15
opinion has knowledge of or experience
in purchasing, logistics or supply chain
management;
(b) the chief executive officer of a public
health service (other than a public
20
hospital referred to in paragraph
(c)(ii));
(c) the chief executive officer of a public
hospital that--
(i) is listed in Schedule 1; or
25
(ii) was an old public hospital within
the meaning of section 232 and
became a public health service on
or after 1 July 2004;
(d) a person employed in the Department
30
who is nominated by the Secretary to
the Department;
7
551324B.I1-18/5/2005 BILL LA INTRODUCTION 18/5/2005
Health Legislation (Miscellaneous Amendments) Act 2005
Act No.
Part 3--Health Services Act 1988
s. 14
(e) a person employed in the Department
administered by the Treasurer who is
nominated by the Secretary to that
Department;
(f) between 3 and 7 people who, in the
5
opinion of the Minister, have
knowledge, skills or experience
relevant to the functions of HPV.
(2) In making recommendations for appointment
to the Governor in Council, the Minister
10
must ensure that HPV has--
(a) adequate knowledge and understanding
of the operations and perspectives of
rural and metropolitan public health
services and hospitals; and
15
(b) expertise in financial management.
(3) The Public Administration Act 2004 (other
than Part 5 of that Act) does not apply to a
member in respect of the office of member.
(4) Despite the reconstitution of the membership
20
of HPV under section 14 of the Health
Legislation (Miscellaneous Amendments)
Act 2005--
(a) HPV is deemed to be the same body
after as before its reconstitution under
25
that section; and
(b) a person who was a member of HPV
immediately before the commencement
of that section continues to be a
member of HPV subject to and in
30
accordance with this Act.".
__________________
8
551324B.I1-18/5/2005 BILL LA INTRODUCTION 18/5/2005
Health Legislation (Miscellaneous Amendments) Act 2005
Act No.
Part 4--Mental Health Act 1986
s. 15
See:
PART 4--MENTAL HEALTH ACT 1986
Act No.
59/1986.
15. Involuntary treatment orders Reprint No. 8
as at
In section 9(5)(a) of the Mental Health Act 1986 6 December
2004
after "by a" insert "registered medical practitioner and
employed by an approved mental health service
5 amending
Act No.
or a". 108/2004.
LawToday:
16. New sections 12 and 12AA substituted www.dms.
dpc.vic.
For sections 12 and 12AA of the Mental Health gov.au
Act 1986 substitute--
"12. Involuntary treatment orders--persons in
10
the community
(1) This section applies if--
(a) a request and recommendation have
been made for a person; and
(b) a registered medical practitioner
15
employed by an approved mental health
service or a mental health practitioner
has assessed the person in accordance
with the request and recommendation.
(2) The practitioner must--
20
(a) take the person, or arrange for the
person to be taken, to an appropriate
approved mental health service; or
(b) make an involuntary treatment order for
the person.
25
(3) The practitioner must have regard to the
criteria in section 8(1) in deciding what
action to take under sub-section (2).
(4) An involuntary treatment order under this
section must be in the prescribed form and
30
contain the prescribed particulars.
9
551324B.I1-18/5/2005 BILL LA INTRODUCTION 18/5/2005
Health Legislation (Miscellaneous Amendments) Act 2005
Act No.
Part 4--Mental Health Act 1986
s. 16
(5) If the practitioner makes an involuntary
treatment order for a person but does not
consider that--
(a) the criteria in section 8(1) apply to the
person; or
5
(b) an involuntary treatment order should
be made for the person--
the practitioner must notify the authorised
psychiatrist of the appropriate approved
mental health service as soon as practicable.
10
(6) At any time after an involuntary treatment
order is made for a person under this section,
but before the authorised psychiatrist
examines the person under section 12AC, a
registered medical practitioner employed by
15
an approved mental health service or a
mental health practitioner may take the
person, or arrange for the person to be taken,
to an appropriate approved mental health
service if the practitioner considers it
20
necessary to do so.
(7) If a person is taken to an approved mental
health service under sub-section (6), the
involuntary treatment order is sufficient
authority for the detention of the person in
25
the approved mental health service until the
authorised psychiatrist examines him or her
under section 12AC.
12AA. Involuntary treatment orders--persons in
approved mental health services
30
(1) This section applies if--
(a) a request and recommendation have
been made for a person; and
(b) the person has been taken to, or is in, an
approved mental health service.
35
10
551324B.I1-18/5/2005 BILL LA INTRODUCTION 18/5/2005
Health Legislation (Miscellaneous Amendments) Act 2005
Act No.
Part 4--Mental Health Act 1986
s. 16
(2) A registered medical practitioner employed
by the approved mental health service or a
mental health practitioner must make an
involuntary treatment order for the person.
(3) An involuntary treatment order under this
5
section must be in the prescribed form and
contain the prescribed particulars.
(4) An involuntary treatment order made for a
person in accordance with this section is
sufficient authority for the detention of the
10
person in an approved mental health service.
(5) A registered medical practitioner employed
by the approved mental health service or a
mental health practitioner may release a
person from detention under sub-section (4)
15
to await the examination by the authorised
psychiatrist under section 12AC if the
practitioner has--
(a) had regard to the criteria in
section 8(1); and
20
(b) consulted with the authorised
psychiatrist.
(6) If the practitioner makes an involuntary
treatment order for a person but does not
consider that--
25
(a) the criteria in section 8(1) apply to the
person; or
(b) an involuntary treatment order should
be made for the person--
the practitioner must notify the authorised
30
psychiatrist of the appropriate approved
mental health service as soon as practicable.
11
551324B.I1-18/5/2005 BILL LA INTRODUCTION 18/5/2005
Health Legislation (Miscellaneous Amendments) Act 2005
Act No.
Part 4--Mental Health Act 1986
s. 17
(7) At any time after an involuntary treatment
order is made for a person under this section
for a person who is not detained in an
approved mental health service, but before
the authorised psychiatrist examines the
5
person under section 12AC, a registered
medical practitioner employed by an
approved mental health service or a mental
health practitioner may take the person, or
arrange for the person to be taken, to an
10
appropriate approved mental health service if
the practitioner considers it necessary to do
so.
(8) If a person is taken to an approved mental
health service under sub-section (7), the
15
involuntary treatment order is sufficient
authority for the detention of the person in
the approved mental health service until the
authorised psychiatrist examines him or her
under section 12AC.".
20
17. Consequential amendments
In section 12AC of the Mental Health Act 1986
for "12AA(5)" substitute "12AA(6)".
18. Treatment plans
For section 19A(6) of the Mental Health Act
25
1986 substitute--
"(6) The authorised psychiatrist must ensure
that--
(a) the patient is given a copy of his or her
treatment plan and any revisions to it;
30
and
(b) the treatment plan is discussed with the
patient by a registered medical
practitioner, the patient's case manager
or any member of a prescribed class of
35
person.".
12
551324B.I1-18/5/2005 BILL LA INTRODUCTION 18/5/2005
Health Legislation (Miscellaneous Amendments) Act 2005
Act No.
Part 4--Mental Health Act 1986
s. 19
19. Special leave
For section 52(7)(a) of the Mental Health Act
1986 substitute--
"(a) cannot exceed--
(i) 7 days in the case of special leave of
5
absence for medical treatment; or
(ii) 24 hours in any other case; and".
__________________
13
551324B.I1-18/5/2005 BILL LA INTRODUCTION 18/5/2005
Health Legislation (Miscellaneous Amendments) Act 2005
Act No.
Part 5--Health Practitioner Acts
s. 20
PART 5--HEALTH PRACTITIONER ACTS
See: Division 1--Chinese Medicine Registration Act 2000
Act No.
18/2000.
20. New section 50A inserted
Reprint No. 1
as at
(1) After section 50 of the Chinese Medicine
5 August 2004
and
Registration Act 2000 insert--
5 amending
Act No.
"50A. Agreements to amend, vary or revoke
108/2004.
LawToday:
conditions or revoke suspensions
www.dms.
dpc.vic.
(1) The Board may, if the registered practitioner
gov.au
so agrees--
(a) amend, vary or revoke any condition
10
imposed on the practitioner's
registration by the Board without
conducting an informal or formal
hearing; or
(b) revoke a suspension of the practitioner's
15
registration and impose a condition on
the registration; or
(c) revoke a suspension of the practitioner's
registration if the practitioner satisfies
the Board that his or her ability to
20
practise is no longer affected.
(2) If the Board and the registered practitioner
fail to agree under sub-section (1), the Board
may refer the matter to a formal hearing.".
(2) Section 35 of the Chinese Medicine Registration
25
Act 2000 is repealed.
14
551324B.I1-18/5/2005 BILL LA INTRODUCTION 18/5/2005
Health Legislation (Miscellaneous Amendments) Act 2005
Act No.
Part 5--Health Practitioner Acts
s. 21
21. Claims as to registration
In section 61(11) of the Chinese Medicine
Registration Act 2000--
(a) omit "as in force at the commencement of
section 111";
5
(b) for "by the Board established under that Act"
substitute "under the section of the relevant
Act specified in the Schedule".
22. Chinese Medicine Registration Board
After section 70(3) of the Chinese Medicine
10
Registration Act 2000 insert--
"(4) Despite sub-section (1) and anything to the
contrary in the member's instrument of
appointment, a member may, with the
consent of the Minister, continue to hold
15
office at the end of his or her appointment
for a period not exceeding 3 months to
enable the vacancy in the member's office to
be filled.".
23. New Schedule substituted
20
For the Schedule to the Chinese Medicine
Registration Act 2000 substitute--
"SCHEDULE
1. Chiropractors Registration Act 1996, section 7A
25 2. Dental Practice Act 1999, section 8A
3. Medical Practice Act 1994, section 9B
4. Nurses Act 1993, section 8A
5. Optometrists Registration Act 1996, section 8A
6. Osteopaths Registration Act 1996, section 7A
30 7. Pharmacy Practice Act 2004, section 11
8. Physiotherapists Registration Act 1998, section 7A.".
15
551324B.I1-18/5/2005 BILL LA INTRODUCTION 18/5/2005
Health Legislation (Miscellaneous Amendments) Act 2005
Act No.
Part 5--Health Practitioner Acts
s. 24
Division 2--Chiropractors Registration Act 1996
See:
Act No.
63/1996.
24. Registration
Reprint No. 1
as at
(1) In section 3 of the Chiropractors Registration
14 October
Act 1996 insert the following definition--
1999 and
amending
' "professional indemnity insurance" includes
Act Nos
5 18/2000,
insurance against civil liability in connection
2/2001,
with the provision of chiropractic services by
98/2003 and
108/2004.
a registered chiropractor and an agreement or
LawToday:
arrangement for discretionary indemnity in
www.dms.
dpc.vic.
respect of that liability;'.
10 gov.au
(2) After section 6(2)(g) of the Chiropractors
Registration Act 1996 insert--
"(ga) that, in the opinion of the Board, the
chiropractor does not have adequate
arrangements for professional indemnity
15
insurance that meet the minimum terms and
conditions set out in the guidelines of the
Board;".
(3) After section 6(3) of the Chiropractors
Registration Act 1996 insert--
20
"(3A) Without limiting the Board's powers under
sub-section (3), it may impose a condition--
(a) that--
(i) the chiropractor must hold
professional indemnity insurance;
25
or
(ii) the chiropractic services provided
by the chiropractor must be
covered by professional indemnity
insurance; or
30
(iii) the chiropractor must be specified
or referred to in professional
indemnity insurance, whether by
name or otherwise, as a person to
16
551324B.I1-18/5/2005 BILL LA INTRODUCTION 18/5/2005
Health Legislation (Miscellaneous Amendments) Act 2005
Act No.
Part 5--Health Practitioner Acts
s. 24
whom the professional indemnity
insurance extends even though the
chiropractor is not a party to the
professional indemnity insurance;
and
5
(b) that the professional indemnity
insurance must meet the minimum
terms and conditions set out in the
guidelines of the Board.
(3B) If the applicant's arrangements satisfy the
10
minimum terms and conditions set out in the
guidelines of the Board, the Board must
not--
(a) refuse to grant registration on the basis
that the chiropractor 's arrangements for
15
professional indemnity insurance are in
the form of insurance or a discretionary
indemnity; or
(b) impose a condition on the registration
of a chiropractor to require that the
20
chiropractor's arrangements for
professional indemnity insurance must
be in the form of insurance or a
discretionary indemnity.".
(4) In section 6(4) of the Chiropractors Registration
25
Act 1996 after "(3)" insert "or (3A)".
(5) After section 7(1)(b) of the Chiropractors
Registration Act 1996 insert--
"(ba) if the Board is satisfied that, in order to meet
an identified need for a chiropractor, it is
30
necessary for a person having qualifications
and training in the nature of the applicant's to
practise as a chiropractor in Victoria; or".
17
551324B.I1-18/5/2005 BILL LA INTRODUCTION 18/5/2005
Health Legislation (Miscellaneous Amendments) Act 2005
Act No.
Part 5--Health Practitioner Acts
s. 25
25. Board and panels
(1) For section 36(2) of the Chiropractors
Registration Act 1996 substitute--
"(2) If--
(a) the Board is unable to appoint a panel
5
because there are not enough members
available to sit on it; or
(b) the Board is of the opinion that a person
with special expertise is required for the
hearing--
10
the President or, in the absence of the
President, 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
15
Governor in Council under sub-section (2A).
(2A) 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 appointed to a
20
panel under sub-section (2).".
(2) For section 43(2) of the Chiropractors
Registration Act 1996 substitute--
"(2) If--
(a) the Board is unable to appoint a panel
25
because there are not enough members
available to sit on it; or
(b) the Board is of the opinion that a person
with special expertise is required for the
hearing--
30
the President or, in the absence of the
President, the Deputy President may fill the
vacant positions on the panel by appointing
persons who are not members of the Board
18
551324B.I1-18/5/2005 BILL LA INTRODUCTION 18/5/2005
Health Legislation (Miscellaneous Amendments) Act 2005
Act No.
Part 5--Health Practitioner Acts
s. 26
from a list of persons approved by the
Governor in Council under sub-section (2A).
(2A) The Governor in Council, on the
recommendation of the Minister, may
approve persons who are not members of the
5
Board to be available to be appointed to a
panel under sub-section (2).".
(3) After section 62(1)(e) of the Chiropractors
Registration Act 1996 insert--
"(ea) to issue and publish guidelines about the
10
minimum terms and conditions of
professional indemnity insurance for
registered chiropractors;".
(4) After section 64(3) of the Chiropractors
Registration Act 1996 insert--
15
"(4) Despite sub-section (1) and anything to the
contrary in the member's instrument of
appointment, a member may, with the
consent of the Minister, continue to hold
office at the end of his or her appointment
20
for a period not exceeding 3 months to
enable the vacancy in the member's office to
be filled.".
26. New section 51A inserted and consequential repeal
(1) After section 51 of the Chiropractors
25
Registration Act 1996 insert--
"51A. Agreements to amend, vary or revoke
conditions or revoke suspensions
(1) The Board may, if the registered chiropractor
so agrees--
30
(a) amend, vary or revoke any condition
imposed on the chiropractor's
registration by the Board without
conducting an informal or formal
hearing; or
35
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(b) revoke a suspension of the
chiropractor's registration and impose a
condition on the registration; or
(c) revoke a suspension of the
chiropractor's registration if the
5
chiropractor satisfies the Board that his
or her ability to practise as a
chiropractor is no longer affected.
(2) If the Board and the registered chiropractor
fail to agree under sub-section (1), the Board
10
may refer the matter to a formal hearing.".
(2) Section 33 of the Chiropractors Registration
Act 1996 is repealed.
27. New section 99 inserted
After section 98 of the Chiropractors
15
Registration Act 1996 insert--
"99. Transitional--panels
The President or, in the absence of the
President, the Deputy President may fill the
vacant positions on the panel by appointing
20
persons who are not members of the Board
from a list of persons approved, before the
date of commencement of section 25 of the
Health Legislation (Miscellaneous
Amendments) Act 2005, by the Governor in
25
Council under any of the following
provisions--
(a) section 38(4) or 45(4) of the Chinese
Medicine Registration Act 2000;
(b) section 37(4) or 44(4) of the Dental
30
Practice Act 1999;
(c) section 40(4) or 47(4) of the Medical
Practice Act 1994;
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(d) section 38(4) or 45(4) of the Nurses
Act 1993;
(e) section 38(4) or 45(4) of the
Psychologists Registration Act
2000.".
5
See:
Division 3--Dental Practice Act 1999 Act No.
26/1999.
28. Registration Reprint No. 1
as at
(1) After section 7(1)(b) of the Dental Practice Act 1 July 2000
and
1999 insert-- amending
Act Nos
"(ba) if the Board is satisfied that, in order to meet
10 18/2000,
2/2001,
an identified need for a dental care provider, 14/2002,
it is necessary for a person having 98/2003 and
108/2004.
qualifications and training in the nature of LawToday:
the applicant's to practise as a dental care www.dms.
dpc.vic.
provider in Victoria; or".
15 gov.au
(2) After section 71(3) of the Dental Practice Act
1999 insert--
"(4) Despite sub-section (1) and anything to the
contrary in the member's instrument of
appointment, a member may, with the
20
consent of the Minister, continue to hold
office at the end of his or her appointment
for a period not exceeding 3 months to
enable the vacancy in the member's office to
be filled.".
25
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29. New section 49A inserted and consequential repeal
(1) After section 49 of the Dental Practice Act 1999
insert--
"49A. Agreements to amend, vary or revoke
conditions or revoke suspensions
5
(1) The Board may, if the registered dental care
provider or dental student so agrees--
(a) amend, vary or revoke any condition
imposed on the dental care provider's or
dental student's registration by the
10
Board without conducting an informal
or formal hearing; or
(b) revoke a suspension of the dental care
provider's or dental student's
registration and impose a condition on
15
the registration; or
(c) revoke a suspension of the dental care
provider's registration if the dental care
provider satisfies the Board that his or
her ability to practise as a dental care
20
provider is no longer affected; or
(d) revoke a suspension of the dental
student's registration if the dental
student satisfies the Board that his or
her ability to undertake a course of
25
study or supervised training as a dental
student is no longer affected.
(2) If the Board and the registered dental care
provider or dental student fail to agree under
sub-section (1), the Board may refer the
30
matter to a formal hearing.".
(2) Section 34 of the Dental Practice Act 1999 is
repealed.
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Division 4--Medical Practice Act 1994 See:
Act No.
23/1994.
30. Board Reprint No. 4
as at
After section 68(3) of the Medical Practice Act 1 July 2003
1994 insert-- and
amending
"(4) Despite sub-section (1) and anything to the Act Nos
5 98/2003,
contrary in the member's instrument of 80/2004 and
appointment, a member may, with the 108/2004.
LawToday:
consent of the Minister, continue to hold www.dms.
office at the end of her or his appointment dpc.vic.
gov.au
for a period not exceeding 3 months to
10
enable the vacancy in the member's office to
be filled.".
See:
Division 5--Nurses Act 1993 Act No.
111/1993.
31. Registration Reprint No. 4
as at
(1) After section 8(1)(b) of the Nurses Act 1993 7 April 2004
15
and
insert-- amending
Act Nos
"(ba) if the Board is of the opinion that, in order to 14/2002,
108/2004.
meet an identified need for a nurse, it is LawToday:
necessary for a person having qualifications www.dms.
dpc.vic.
and training in the nature of the applicant's to
20 gov.au
practise as a nurse in Victoria; or".
(2) After section 68(3) of the Nurses Act 1993
insert--
"(4) Despite sub-section (1) and anything to the
contrary in the member's instrument of
25
appointment, a member may, with the
consent of the Minister, continue to hold
office at the end of her or his appointment
for a period not exceeding 3 months to
enable the vacancy in the member's office to
30
be filled.".
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32. New section 49C inserted and consequential repeal
(1) After section 49B of the Nurses Act 1993
insert--
"49C. Agreements to amend, vary or revoke
conditions or revoke suspensions
5
(1) The Board may, if the registered nurse so
agrees--
(a) amend, vary or revoke any condition
imposed on the nurse's registration by
the Board without conducting an
10
informal or formal hearing; or
(b) revoke a suspension of the nurse's
registration and impose a condition on
the registration; or
(c) revoke a suspension of the nurse's
15
registration if the nurse satisfies the
Board that her or his ability to practise
as a nurse is no longer affected.
(2) If the Board and the registered nurse fail to
agree under sub-section (1), the Board may
20
refer the matter to a formal hearing.".
(2) Section 33 of the Nurses Act 1993 is repealed.
See: Division 6--Optometrists Registration Act 1996
Act No.
56/1996.
33. Registration
Reprint No. 1
as at
(1) In section 3 of the Optometrists Registration
8 October
25
1998
Act 1996 insert the following definition--
and
amending
' "professional indemnity insurance" includes
Act Nos
18/2000,
insurance against civil liability in connection
74/2000,
with the provision of optometry services by a
2/2001,
98/2003 and
registered optometrist and an agreement or
30 108/2004.
arrangement for discretionary indemnity in
LawToday:
www.dms.
respect of that liability;'.
dpc.vic.
gov.au
24
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(2) After section 7(2)(g) of the Optometrists
Registration Act 1996 insert--
"(ga) that, in the opinion of the Board, the
optometrist does not have adequate
arrangements for professional indemnity
5
insurance that meet the minimum terms and
conditions set out in the guidelines of the
Board;".
(3) After section 7(3) of the Optometrists
Registration Act 1996 insert--
10
"(3A) Without limiting the Board's powers under
sub-section (3), it may impose a condition--
(a) that--
(i) the optometrist must hold
professional indemnity insurance;
15
or
(ii) the optometry services provided
by the optometrist must be
covered by professional indemnity
insurance; or
20
(iii) the optometrist must be specified
or referred to in professional
indemnity insurance, whether by
name or otherwise, as a person to
whom the professional indemnity
25
insurance extends even though the
optometrist is not a party to the
professional indemnity insurance;
and
(b) that the professional indemnity
30
insurance must meet the minimum
terms and conditions set out in the
guidelines of the Board.
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(3B) If the applicant's arrangements satisfy the
minimum terms and conditions set out in the
guidelines of the Board, the Board must
not--
(a) refuse to grant registration on the basis
5
that the optometrist's arrangements for
professional indemnity insurance are in
the form of insurance or a discretionary
indemnity; or
(b) impose a condition on the registration
10
of an optometrist to require that the
optometrist's arrangements for
professional indemnity insurance must
be in the form of insurance or a
discretionary indemnity.".
15
(4) In section 7(4) of the Optometrists Registration
Act 1996 after "(3)" insert "or (3A)".
(5) After section 8(1)(b) of the Optometrists
Registration Act 1996 insert--
"(ba) if the Board is satisfied that, in order to meet
20
an identified need for an optometrist, it is
necessary for a person having qualifications
and training in the nature of the applicant's to
practise as an optometrist in Victoria; or".
34. Board and panels
25
(1) For section 38(2) of the Optometrists
Registration Act 1996 substitute--
"(2) If--
(a) the Board is unable to appoint a panel
because there are not enough members
30
available to sit on it; or
26
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(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, the Deputy President may fill the
5
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 (2A).
(2A) The Governor in Council, on the
10
recommendation of the Minister, may
approve persons who are not members of the
Board to be available to be appointed to a
panel under sub-section (2).".
(2) For section 45(2) of the Optometrists
15
Registration Act 1996 substitute--
"(2) If--
(a) the Board is unable to appoint a panel
because there are not enough members
available to sit on it; or
20
(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, the Deputy President may fill the
25
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 (2A).
(2A) The Governor in Council, on the
30
recommendation of the Minister, may
approve persons who are not members of the
Board to be available to be appointed to a
panel under sub-section (2).".
27
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(3) After section 66(1)(e) of the Optometrists
Registration Act 1996 insert--
"(ea) to issue and publish guidelines about the
minimum terms and conditions of
professional indemnity insurance for
5
registered optometrists;".
(4) After section 68(3) of the Optometrists
Registration Act 1996 insert--
"(4) Despite sub-section (1) and anything to the
contrary in the member's instrument of
10
appointment, a member may, with the
consent of the Minister, continue to hold
office at the end of his or her appointment
for a period not exceeding 3 months to
enable the vacancy in the member's office to
15
be filled.".
35. New section 52A inserted and consequential repeal
(1) After section 52 of the Optometrists
Registration Act 1996 insert--
"52A. Agreements to amend, vary or revoke
20
conditions or revoke suspensions
(1) The Board may, if the registered optometrist
so agrees--
(a) amend, vary or revoke any condition
imposed on the optometrist's
25
registration by the Board without
conducting an informal or formal
hearing; or
(b) revoke a suspension of the optometrist's
registration and impose a condition on
30
the registration; or
28
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(c) revoke a suspension of the optometrist's
registration if the optometrist satisfies
the Board that his or her ability to
practise as an optometrist is no longer
affected.
5
(2) If the Board and the registered optometrist
fail to agree under sub-section (1), the Board
may refer the matter to a formal hearing.".
(2) Section 35 of the Optometrists Registration Act
1996 is repealed.
10
36. New section 100 substituted and consequential
amendment
(1) For Division 2 of Part 10 of the Optometrists
Registration Act 1996 substitute--
"100. Transitional--panels
15
The President or, in the absence of the
President, 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, before the
20
date of commencement of section 34 of the
Health Legislation (Miscellaneous
Amendments) Act 2005, by the Governor in
Council under any of the following
provisions--
25
(a) section 38(4) or 45(4) of the Chinese
Medicine Registration Act 2000;
(b) section 37(4) or 44(4) of the Dental
Practice Act 1999;
(c) section 40(4) or 47(4) of the Medical
30
Practice Act 1994;
(d) section 38(4) or 45(4) of the Nurses
Act 1993;
29
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s. 37
(e) section 38(4) or 45(4) of the
Psychologists Registration Act
2000.".
(2) The Heading to Division 1 of Part 10 of the
Optometrists Registration Act 1996 is repealed.
5
See: Division 7--Osteopaths Registration Act 1996
Act No.
75/1996.
37. Registration
Reprint No. 1
as at
(1) In section 3 of the Osteopaths Registration Act
26 February
2004 and
1996 insert the following definition--
amending
Act No.
' "professional indemnity insurance" includes
10 108/2004.
LawToday:
insurance against civil liability in connection
www.dms.
with the provision of osteopathy services by
dpc.vic.
gov.au
a registered osteopath and an agreement or
arrangement for discretionary indemnity in
respect of that liability;'.
15
(2) After section 6(2)(g) of the Osteopaths
Registration Act 1996 insert--
"(ga) that, in the opinion of the Board, the
osteopath does not have adequate
arrangements for professional indemnity
20
insurance that meet the minimum terms and
conditions set out in the guidelines of the
Board;".
(3) After section 6(3) of the Osteopaths Registration
Act 1996 insert--
25
"(3A) Without limiting the Board's powers under
sub-section (3), it may impose a condition--
(a) that--
(i) the osteopath must hold
professional indemnity insurance;
30
or
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(ii) the osteopathy services provided
by the osteopath must be covered
by professional indemnity
insurance; or
(iii) the osteopath must be specified or
5
referred to in professional
indemnity insurance, whether by
name or otherwise, as a person to
whom the professional indemnity
insurance extends even though the
10
osteopath is not a party to the
professional indemnity insurance;
and
(b) that the professional indemnity
insurance must meet the minimum
15
terms and conditions set out in the
guidelines of the Board.
(3B) If the applicant's arrangements satisfy the
minimum terms and conditions set out in the
guidelines of the Board, the Board must
20
not--
(a) refuse to grant registration on the basis
that the osteopath's arrangements for
professional indemnity insurance are in
the form of insurance or a discretionary
25
indemnity; or
(b) impose a condition on the registration
of an osteopath to require that the
osteopath's arrangements for
professional indemnity insurance must
30
be in the form of insurance or a
discretionary indemnity.".
(4) In section 6(4) of the Osteopaths Registration
Act 1996 after "(3)" insert "or (3A)".
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(5) After section 7(1)(b) of the Osteopaths
Registration Act 1996 insert--
"(ba) if the Board is satisfied that, in order to meet
an identified need for an osteopath, it is
necessary for a person having qualifications
5
and training in the nature of the applicant's to
practise as an osteopath in Victoria; or".
38. Board and panels
(1) For section 36(2) of the Osteopaths Registration
Act 1996 substitute--
10
"(2) If--
(a) the Board is unable to appoint a panel
because there are not enough members
available to sit on it; or
(b) the Board is of the opinion that a person
15
with special expertise is required for the
hearing--
the President or, in the absence of the
President, the Deputy President may fill the
vacant positions on the panel by appointing
20
persons who are not members of the Board
from a list of persons approved by the
Governor in Council under sub-section (2A).
(2A) The Governor in Council, on the
recommendation of the Minister, may
25
approve persons who are not members of the
Board to be available to be appointed to a
panel under sub-section (2).".
(2) For section 43(2) of the Osteopaths Registration
Act 1996 substitute--
30
"(2) If--
(a) the Board is unable to appoint a panel
because there are not enough members
available to sit on it; or
32
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(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, the Deputy President may fill the
5
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 (2A).
(2A) The Governor in Council, on the
10
recommendation of the Minister, may
approve persons who are not members of the
Board to be available to be appointed to a
panel under sub-section (2).".
(3) After section 62(1)(e) of the Osteopaths
15
Registration Act 1996 insert--
"(ea) to issue and publish guidelines about the
minimum terms and conditions of
professional indemnity insurance for
registered osteopaths;".
20
(4) After section 64(3) of the Osteopaths
Registration Act 1996 insert--
"(4) Despite sub-section (1) and anything to the
contrary in the member's instrument of
appointment, a member may, with the
25
consent of the Minister, continue to hold
office at the end of his or her appointment
for a period not exceeding 3 months to
enable the vacancy in the member's office to
be filled.".
30
33
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s. 39
39. New section 51A inserted and consequential repeal
(1) After section 51 of the Osteopaths Registration
Act 1996 insert--
"51A. Agreements to amend, vary or revoke
conditions or revoke suspensions
5
(1) The Board may, if the registered osteopath
so agrees--
(a) amend, vary or revoke any condition
imposed on the osteopath's registration
by the Board without conducting an
10
informal or formal hearing; or
(b) revoke a suspension of the osteopath's
registration and impose a condition on
the registration; or
(c) revoke a suspension of the osteopath's
15
registration if the osteopath satisfies the
Board that his or her ability to practise
as an osteopath is no longer affected.
(2) If the Board and the registered osteopath fail
to agree under sub-section (1), the Board
20
may refer the matter to a formal hearing.".
(2) Section 33 of the Osteopaths Registration Act
1996 is repealed.
40. New section 95 substituted
For sections 95 and 96 of the Osteopaths
25
Registration Act 1996 substitute--
"95. Transitional--panels
The President or, in the absence of the
President, the Deputy President may fill the
vacant positions on the panel by appointing
30
persons who are not members of the Board
from a list of persons approved, before the
date of commencement of section 38 of the
Health Legislation (Miscellaneous
34
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s. 41
Amendments) Act 2005, by the Governor in
Council under any of the following
provisions--
(a) section 38(4) or 45(4) of the Chinese
Medicine Registration Act 2000;
5
(b) section 37(4) or 44(4) of the Dental
Practice Act 1999;
(c) section 40(4) or 47(4) of the Medical
Practice Act 1994;
(d) section 38(4) or 45(4) of the Nurses
10
Act 1993;
(e) section 38(4) or 45(4) of the
Psychologists Registration Act
2000.".
See:
Division 8--Physiotherapists Registration Act 1998
15 Act No.
55/1998
41. Registration and
amending
(1) In section 3 of the Physiotherapists Registration Act Nos
18/2000,
Act 1998 insert the following definition-- 2/2001,
98/2003 and
' "professional indemnity insurance" includes 108/2004.
LawToday:
insurance against civil liability in connection
20 www.dms.
with the provision of physiotherapy services dpc.vic.
gov.au
by a registered physiotherapist and an
agreement or arrangement for discretionary
indemnity in respect of that liability;'.
(2) In section 4(2)(c) of the Physiotherapists
25
Registration Act 1998 for "insurance against civil
liability" substitute "professional indemnity
insurance".
(3) Section 6(1)(d) of the Physiotherapists
Registration Act 1998 is repealed.
30
35
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(4) After section 6(2)(g) of the Physiotherapists
Registration Act 1998 insert--
"(ga) that, in the opinion of the Board, the
physiotherapist does not have adequate
arrangements for professional indemnity
5
insurance that meet the minimum terms and
conditions set out in the guidelines of the
Board;".
(5) For section 6(3) of the Physiotherapists
Registration Act 1998 substitute--
10
"(3) A grant of registration under this section is
subject to any conditions, limitations or
restrictions that the Board thinks fit.
(3A) Without limiting the Board's powers under
sub-section (3), it may impose a condition--
15
(a) that--
(i) the physiotherapist must hold
professional indemnity insurance;
or
(ii) the physiotherapy services
20
provided by the physiotherapist
must be covered by professional
indemnity insurance; or
(iii) the physiotherapist must be
specified or referred to in
25
professional indemnity insurance,
whether by name or otherwise, as
a person to whom the professional
indemnity insurance extends even
though the physiotherapist is not a
30
party to the professional
indemnity insurance; and
36
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(b) that the professional indemnity
insurance must meet the minimum
terms and conditions set out in the
guidelines of the Board.
(3B) If the applicant's arrangements satisfy the
5
minimum terms and conditions set out in the
guidelines of the Board, the Board must
not--
(a) refuse to grant registration on the basis
that the physiotherapist's arrangements
10
for professional indemnity insurance
are in the form of insurance or a
discretionary indemnity; or
(b) impose a condition on the registration
of a physiotherapist to require that the
15
physiotherapist's arrangements for
professional indemnity insurance must
be in the form of insurance or a
discretionary indemnity.".
(6) In section 6(4) of the Physiotherapists
20
Registration Act 1998 after "(3)" insert
"or (3A)".
(7) After section 7(1)(b) of the Physiotherapists
Registration Act 1998 insert--
"(ba) if the Board is satisfied that, in order to meet
25
an identified need for a physiotherapist, it is
necessary for a person having qualifications
and training in the nature of the applicant's to
practise as a physiotherapist in Victoria; or".
37
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42. Board and panels
(1) For section 35(2) of the Physiotherapists
Registration Act 1998 substitute--
"(2) If--
(a) the Board is unable to appoint a panel
5
because there are not enough members
available to sit on it; or
(b) the Board is of the opinion that a person
with special expertise is required for the
hearing--
10
the President or, in the absence of the
President, 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
15
Governor in Council under sub-section (2A).
(2A) 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 appointed to a
20
panel under sub-section (2).".
(2) For section 42(2) of the Physiotherapists
Registration Act 1998 substitute--
"(2) If--
(a) the Board is unable to appoint a panel
25
because there are not enough members
available to sit on it; or
(b) the Board is of the opinion that a person
with special expertise is required for the
hearing--
30
the President or, in the absence of the
President, the Deputy President may fill the
vacant positions on the panel by appointing
persons who are not members of the Board
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from a list of persons approved by the
Governor in Council under sub-section (2A).
(2A) The Governor in Council, on the
recommendation of the Minister, may
approve persons who are not members of the
5
Board to be available to be appointed to a
panel under sub-section (2).".
(3) For section 61(1)(e)(i) of the Physiotherapists
Registration Act 1998 substitute--
"(i) the minimum terms and conditions of
10
professional indemnity insurance for
registered physiotherapists;".
(4) After section 63(3) of the Physiotherapists
Registration Act 1998 insert--
"(4) Despite sub-section (1) and anything to the
15
contrary in the member's instrument of
appointment, a member may, with the
consent of the Minister, continue to hold
office at the end of his or her appointment
for a period not exceeding 3 months to
20
enable the vacancy in the member's office to
be filled.".
43. New section 50A inserted and consequential repeal
(1) After section 50 of the Physiotherapists
Registration Act 1998 insert--
25
"50A. Agreements to amend, vary or revoke
conditions or revoke suspensions
(1) The Board may, if the registered
physiotherapist so agrees--
(a) amend, vary or revoke any condition
30
imposed on the physiotherapist's
registration by the Board without
conducting an informal or formal
hearing; or
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(b) revoke a suspension of the
physiotherapist's registration and
impose a condition on the registration;
or
(c) revoke a suspension of the
5
physiotherapist's registration if the
physiotherapist satisfies the Board that
his or her ability to practise as a
physiotherapist is no longer affected.
(2) If the Board and the registered
10
physiotherapist fail to agree under sub-
section (1), the Board may refer the matter to
a formal hearing.".
(2) Section 32 of the Physiotherapists Registration
Act 1998 is repealed.
15
44. New section 96 inserted
After section 95 of the Physiotherapists
Registration Act 1998 insert--
"96. Transitional--panels
The President or, in the absence of the
20
President, 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, before the
date of commencement of section 42 of the
25
Health Legislation (Miscellaneous
Amendments) Act 2005, by the Governor in
Council under any of the following
provisions--
(a) section 38(4) or 45(4) of the Chinese
30
Medicine Registration Act 2000;
(b) section 37(4) or 44(4) of the Dental
Practice Act 1999;
(c) section 40(4) or 47(4) of the Medical
Practice Act 1994;
35
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(d) section 38(4) or 45(4) of the Nurses
Act 1993;
(e) section 38(4) or 45(4) of the
Psychologists Registration Act
2000.".
5
See:
Division 9--Podiatrists Registration Act 1997 Act No.
78/1997
45. Registration and
amending
(1) In section 3 of the Podiatrists Registration Act Act Nos
46/1998,
1997 insert the following definition-- 52/1998 (as
amended by
' "professional indemnity insurance" includes
10 Act No.
101/1998),
insurance against civil liability in connection 2/2001 and
with the provision of podiatry services by a 108/2004.
LawToday:
registered podiatrist and an agreement or www.dms.
arrangement for discretionary indemnity in dpc.vic.
gov.au
respect of that liability;'.
15
(2) After section 6(2)(g) of the Podiatrists
Registration Act 1997 insert--
"(ga) that, in the opinion of the Board, the
podiatrist does not have adequate
arrangements for professional indemnity
20
insurance that meet the minimum terms and
conditions set out in the guidelines of the
Board;".
(3) After section 6(3) of the Podiatrists Registration
Act 1997 insert--
25
"(3A) Without limiting the Board's powers under
sub-section (3), it may impose a condition--
(a) that--
(i) the podiatrist must hold
professional indemnity insurance;
30
or
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(ii) the podiatry services provided by
the podiatrist must be covered by
professional indemnity insurance;
or
(iii) the podiatrist must be specified or
5
referred to in professional
indemnity insurance, whether by
name or otherwise, as a person to
whom the professional indemnity
insurance extends even though the
10
podiatrist is not a party to the
professional indemnity insurance;
and
(b) that the professional indemnity
insurance must meet the minimum
15
terms and conditions set out in the
guidelines of the Board.
(3B) If the applicant's arrangements satisfy the
minimum terms and conditions set out in the
guidelines of the Board, the Board must
20
not--
(a) refuse to grant registration on the basis
that the podiatrist's arrangements for
professional indemnity insurance are in
the form of insurance or a discretionary
25
indemnity; or
(b) impose a condition on the registration
of a podiatrist to require that the
podiatrist's arrangements for
professional indemnity insurance must
30
be in the form of insurance or a
discretionary indemnity.".
(4) In section 6(4) of the Podiatrists Registration
Act 1997 after "(3)" insert "or (3A)".
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(5) After section 7(1)(b) of the Podiatrists
Registration Act 1997 insert--
"(ba) if the Board is satisfied that, in order to meet
an identified need for a podiatrist, it is
necessary for a person having qualifications
5
and training in the nature of the applicant's to
practise as a podiatrist in Victoria; or".
46. Board and panels
(1) For section 36(2) of the Podiatrists Registration
Act 1997 substitute--
10
"(2) If--
(a) the Board is unable to appoint a panel
because there are not enough members
available to sit on it; or
(b) the Board is of the opinion that a person
15
with special expertise is required for the
hearing--
the President or, in the absence of the
President, the Deputy President may fill the
vacant positions on the panel by appointing
20
persons who are not members of the Board
from a list of persons approved by the
Governor in Council under sub-section (2A).
(2A) The Governor in Council, on the
recommendation of the Minister, may
25
approve persons who are not members of the
Board to be available to be appointed to a
panel under sub-section (2).".
(2) For section 43(2) of the Podiatrists Registration
Act 1997 substitute--
30
"(2) If--
(a) the Board is unable to appoint a panel
because there are not enough members
available to sit on it; or
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(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, the Deputy President may fill the
5
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 (2A).
(2A) The Governor in Council, on the
10
recommendation of the Minister, may
approve persons who are not members of the
Board to be available to be appointed to a
panel under sub-section (2).".
(3) After section 62(1)(f) of the Podiatrists
15
Registration Act 1997 insert--
"(fa) to issue and publish guidelines about the
minimum terms and conditions of
professional indemnity insurance for
registered podiatrists;".
20
(4) After section 64(3) of the Podiatrists
Registration Act 1997 insert--
"(4) Despite sub-section (1) and anything to the
contrary in the member's instrument of
appointment, a member may, with the
25
consent of the Minister, continue to hold
office at the end of his or her appointment
for a period not exceeding 3 months to
enable the vacancy in the member's office to
be filled.".
30
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47. New section 51A inserted and consequential repeal
(1) After section 51 of the Podiatrists Registration
Act 1997 insert--
"51A. Agreements to amend, vary or revoke
conditions or revoke suspensions
5
(1) The Board may, if the registered podiatrist so
agrees--
(a) amend, vary or revoke any condition
imposed on the podiatrist's registration
by the Board without conducting an
10
informal or formal hearing; or
(b) revoke a suspension of the podiatrist's
registration and impose a condition on
the registration; or
(c) revoke a suspension of the podiatrist's
15
registration if the podiatrist satisfies the
Board that his or her ability to practise
as a podiatrist is no longer affected.
(2) If the Board and the registered podiatrist fail
to agree under sub-section (1), the Board
20
may refer the matter to a formal hearing.".
(2) Section 33 of the Podiatrists Registration Act
1997 is repealed.
48. New section 97 substituted
(1) For section 97 of the Podiatrists Registration
25
Act 1997 substitute--
"97. Transitional--panels
The President or, in the absence of the
President, the Deputy President may fill the
vacant positions on the panel by appointing
30
persons who are not members of the Board
from a list of persons approved, before the
date of commencement of section 46 of the
Health Legislation (Miscellaneous
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Amendments) Act 2005, by the Governor in
Council under any of the following
provisions--
(a) section 38(4) or 45(4) of the Chinese
Medicine Registration Act 2000;
5
(b) section 37(4) or 44(4) of the Dental
Practice Act 1999;
(c) section 40(4) or 47(4) of the Medical
Practice Act 1994;
(d) section 38(4) or 45(4) of the Nurses
10
Act 1993;
(e) section 38(4) or 45(4) of the
Psychologists Registration Act
2000.".
(2) The Schedule to the Podiatrists Registration Act
15
1997 is repealed.
See: Division 10--Psychologists Registration Act 2000
Act No.
41/2000
49. The Board
and
amending
(1) After section 7(1)(a) of the Psychologists
Act Nos
74/2000,
Registration Act 2000 insert--
20 2/2001,
14/2002 and
"(ab) if the Board is satisfied that, in order to meet
108/2004.
LawToday:
an identified need for a psychologist, it is
www.dms.
necessary for a person having qualifications
dpc.vic.
gov.au
and training in the nature of the applicant's to
practise as a psychologist in Victoria; or".
25
(2) After section 70(3) of the Psychologists
Registration Act 2000 insert--
"(4) Despite sub-section (1) and anything to the
contrary in the member's instrument of
appointment, a member may, with the
30
consent of the Minister, continue to hold
office at the end of his or her appointment
for a period not exceeding 3 months to
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enable the vacancy in the member's office to
be filled.".
50. New section 54A inserted and consequential repeal
(1) After section 54 of the Psychologists
Registration Act 2000 insert--
5
"54A. Agreements to amend, vary or revoke
conditions or revoke suspensions
(1) The Board may, if the registered
psychologist so agrees--
(a) amend, vary or revoke any condition
10
imposed on the psychologist's
registration by the Board without
conducting an informal or formal
hearing; or
(b) revoke a suspension of the
15
psychologist's registration and impose a
condition on the registration; or
(c) revoke a suspension of the
psychologist's registration if the
psychologist satisfies the Board that his
20
or her ability to practise as a
psychologist is no longer affected.
(2) If the Board and the registered psychologist
fail to agree under sub-section (1), the Board
may refer the matter to a formal hearing.".
25
(2) Section 35 of the Psychologists Registration Act
2000 is repealed.
__________________
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Part 6--Miscellaneous Amendments
s. 51
PART 6--MISCELLANEOUS AMENDMENTS
Act No. 51. Building Act 1993
126/1993.
For section 75JB(b) of the Building Act 1993
substitute--
'(b) for section 229(1) there were substituted--
5
"(1) Subject to sub-section (2), an inspector
may enter any building or land for the
purpose of carrying out any inspection
of the building, building work or
plumbing work or any equipment,
10
installation, service, records or reports
relating to the building, building work
or plumbing work to determine whether
or not this Part or Part 5A or 5B is
being complied with."; and'.
15
Act No. 52. Health Act 1958
6270.
In section 418 of the Health Act 1958, for
"Natural Resources" substitute "Sustainability".
Act No. 53. Veterinary Practice Act 1997--new section 50A
58/1997.
(1) After section 50 of the Veterinary Practice Act
20
1997 insert--
"50A. Agreements to amend, vary or revoke
conditions or revoke suspensions
(1) The Board may, if the registered veterinary
practitioner so agrees--
25
(a) amend, vary or revoke any condition
imposed on the veterinary practitioner's
registration by the Board without
conducting an informal or formal
hearing; or
30
(b) revoke a suspension of the veterinary
practitioner's registration and impose a
condition on the registration; or
48
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(c) revoke a suspension of the veterinary
practitioner's registration if the
veterinary practitioner satisfies the
Board that his or her ability to practise
as a veterinary practitioner is no longer
5
affected.
(2) If the Board and the registered veterinary
practitioner fail to agree under sub-section
(1), the Board may refer the matter to a
formal hearing.".
10
(2) In the Heading to Division 4 of Part 3 for
"hearings" substitute "investigations".
(3) Section 32 of the Veterinary Practice Act 1997
is repealed.
54. Veterinary Practice Act 1997--Board members
15
After section 64(3) of the Veterinary Practice
Act 1997 insert--
"(4) Despite sub-section (1) and anything to the
contrary in the member's instrument of
appointment, a member may, with the
20
consent of the Minister, continue to hold
office at the end of his or her appointment
for a period not exceeding 3 months to
enable the vacancy in the member's office to
be filled.".
25
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Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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