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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Health Legislation (Amendment) Act 2003
Act No.
Victorian Legislation and Parliamentary Documents
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Nurse practitioners 2
4. Health Services Act--patient information 3
5. Health Services Act--Numurkah District Health Service 4
PART 11--DEEMED PUBLICATION 4
231. Deemed publication of Order in Council 4
6. Human Tissue Act--new section 39A inserted 4
39A. Recovery of certain costs of tissue banks 4
7. Human Tissue Act--regulations 5
8. Lord Mayor's Charitable Fund--Board members 5
9. New section 34 inserted 5
34. Further transitional 5
10. Mental Health Act--apprehension of mentally ill persons 6
11. Mental Health Act--patient information 8
12. Nurses Act--qualifications 9
13. Statute law revision 9
ENDNOTES 10
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PARLIAMENT OF VICTORIA
Initiated in Council 30 April 2003
Victorian Legislation and Parliamentary Documents
A BILL
to make miscellaneous amendments to the Drugs, Poisons and
Controlled Substances Act 1981, the Health Services Act 1988, the
Human Tissue Act 1982, the Lord Mayor's Charitable Fund Act
1996, the Mental Health Act 1986 and the Nurses Act 1993 and for
other purposes.
Health Legislation (Amendment) Act
2003
The Parliament of Victoria enacts as follows:
1. Purpose
The main purpose of this Act is to make
miscellaneous amendments to the Drugs, Poisons
and Controlled Substances Act 1981, the Health
Services Act 1988, the Human Tissue Act 1982,
5
the Lord Mayor's Charitable Fund Act 1996,
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Health Legislation (Amendment) Act 2003
s. 2
Act No.
the Mental Health Act 1986 and the Nurses Act
1993.
Victorian Legislation and Parliamentary Documents
2. Commencement
(1) This Act, except section 6, comes into operation
on the day after the day on which it receives the
5
Royal Assent.
(2) Subject to sub-section (3), section 6 comes into
operation on a day to be proclaimed.
(3) If section 6 does not come into operation before
1 June 2004, it comes into operation on that day.
10
3. Nurse practitioners
See: After section 14(2) of the Drugs, Poisons and
Act No.
Controlled Substances Act 1981 insert--
9719/1981.
Reprint No. 6
"(3) If the Nurses Board of Victoria established
as at
14 February
under the Nurses Act 1993 has imposed in
15 2002
relation to the practice of a nurse practitioner
and
amending
conditions, limitations or restrictions
Act No.
including a condition, limitation or
11/2002.
LawToday:
restriction prohibiting the prescription of any
www.dms.
drug or substance or class of drugs or
20 dpc.vic.
gov.au
substances, being a poison or controlled
substance or drug of dependence or poisons
or controlled substances or drugs of
dependence that nurse practitioner for the
purposes of this Act and the regulations is
25
deemed to be not authorized to obtain and
have in his or her possession or to use sell or
supply in the lawful practice of his or her
profession the poison or controlled substance
or drug of dependence or the poisons or
30
controlled substances or drugs of dependence
to which the condition, limitation or
restriction relates.".
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Health Legislation (Amendment) Act 2003
s. 4
Act No.
4. Health Services Act--patient information
See:
(1) In section 141 of the Health Services Act 1988-- Act No.
Victorian Legislation and Parliamentary Documents
49/1988.
(a) in sub-section (1), in the definition of Reprint No. 8
"person to whom this section applies" for as at
19 February
"person to whom this section applies"
5 2003.
substitute "relevant person"; LawToday:
www.dms.
(b) in sub-section (2), for "person to whom this dpc.vic.
gov.au
section applies" (wherever occurring)
substitute "relevant person".
(2) After section 141(2A) of the Health Services Act
10
1988 insert--
"(2B) Sub-section (2) does not apply to a person
(other than an independent contractor) who
is a relevant person in relation to a relevant
health service who gives information in
15
accordance with HPP 2 of the Health Privacy
Principles in the Health Records Act 2001
to another person (other than an independent
contractor) who is a relevant person in
relation to that relevant health service.".
20
(3) In section 141 of the Health Services Act 1988--
(a) in sub-section (3)(a), after "consent" (where
twice occurring) insert "(which may be
express or implied)";
(b) in sub-section (3)(eb), for "2.2(f), 2.2(h)"
25
substitute "2.2(a), 2.2(f), 2.2(h), 2.2(k),
2.2(l)";
(c) in sub-section (3), after paragraph (eb)
insert--
"(ec) to the giving of information relating to
30
a notification, claim or potential claim
to a person or body providing insurance
or indemnity (including discretionary
indemnity) for any liability of the
relevant health service or a person who
35
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Health Legislation (Amendment) Act 2003
s. 5
Act No.
is a relevant person in relation to the
relevant health service arising from the
provision of services by, on behalf of or
Victorian Legislation and Parliamentary Documents
at the relevant health service; or";
(d) in sub-section (5)(a), omit "employed or".
5
5. Health Services Act--Numurkah District Health
Service
After section 230 of the Health Services Act
1988 insert--
'PART 11--DEEMED PUBLICATION
10
231. Deemed publication of Order in Council
The Order in Council made under
section 8(1)(c) on 30 September 1997
changing the name of the Numurkah and
District War Memorial Hospital to the
15
Numurkah District Health Service is deemed
to have been published on 2 October 1997 in
the Government Gazette as if the words
"Numurkah and District Health Service"
were "Numurkah District Health Service".'.
20
6. Human Tissue Act--new section 39A inserted
See: After section 39 of the Human Tissue Act 1982
Act No.
insert--
9860/1982.
Reprint No. 2
"39A. Recovery of certain costs of tissue banks
as at
14 November
(1) A person who owns or controls a tissue bank
25 1996
and
prescribed by the regulations may charge an
amending
amount to recover the reasonable costs
Act Nos
63/1995,
associated with the removal, evaluation,
12/1998 and
storage, processing at the tissue bank and
27/2001.
LawToday:
distribution from the tissue bank of tissue
30 www.dms.
removed in accordance with this Act.
dpc.vic.
gov.au
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Health Legislation (Amendment) Act 2003
s. 7
Act No.
(2) Section 38(1) does not apply to a person who
only charges an amount in accordance with
sub-section (1).
Victorian Legislation and Parliamentary Documents
(3) Section 39(1) does not apply to a person who
only pays an amount charged in accordance
5
with sub-section (1).".
7. Human Tissue Act--regulations
At the end of section 46 of the Human Tissue
Act 1982 insert--
"(2) The regulations--
10
(a) may be of general or limited
application; and
(b) may differ according to differences in
time, place or circumstance.".
8. Lord Mayor's Charitable Fund--Board members
15
See:
(1) In section 11(b)(i) of the Lord Mayor's Act No.
Charitable Fund Act 1996, for "one year" 54/1996.
LawToday:
substitute "2 years". www.dms.
dpc.vic.
(2) In section 12(1)(b), (2)(b) and (3) of the Lord gov.au
Mayor's Charitable Fund Act 1996, for "the
20
annual" substitute "the second annual".
9. New section 34 inserted
After section 33 of the Lord Mayor's Charitable
Fund Act 1996 insert--
"34. Further transitional
25
(1) A person who held office as a member of the
Board immediately before the
commencement of section 8 of the Health
Legislation (Amendment) Act 2003 whose
name is drawn by lot by the President under
30
sub-section (3) continues to hold office until
the commencement of the first ordinary
meeting of the Board after the second annual
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Health Legislation (Amendment) Act 2003
s. 10
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meeting of the Board after that member was
elected.
Victorian Legislation and Parliamentary Documents
(2) The remaining members of the Board who
held office as members of the Board
immediately before the commencement of
5
section 8 of the Health Legislation
(Amendment) Act 2003 hold office until the
commencement of the first ordinary meeting
of the Board after the annual meeting of the
Board after that member was elected.
10
(3) The President must draw by lot the names of
2 members of the Board appointed under
section 11(b)(iii) and 2 members appointed
under section 11(b)(iv) who are to hold
office in accordance with sub-section (1).".
15
10. Mental Health Act--apprehension of mentally ill
persons
See: (1) In section 10(3) of the Mental Health Act 1986
Act No.
after "practitioner" insert "or a mental health
59/1986.
Reprint No. 7 practitioner".
20 as at
1 July 2002
(2) In section 10 of the Mental Health Act 1986, for
and
sub-sections (4) and (5) substitute--
amending
Act Nos
'(4) A member of the police force must, as soon
67/1998 and
41/2002.
as practicable after apprehending a person
LawToday:
under sub-section (1), arrange for--
25 www.dms.
dpc.vic.
(a) an examination of the person by a
gov.au
registered medical practitioner; or
(b) an assessment of the person by a mental
health practitioner.
(5) The mental health practitioner may assess
30
the person, having regard to the criteria in
section 8(1) and--
(a) advise the member of the police force
to--
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(i) arrange for an examination of the
person by a registered medical
practitioner; or
Victorian Legislation and Parliamentary Documents
(ii) release the person from
apprehension under this section;
5
or
(b) complete an authority to transport
the person to an approved mental
health service in accordance with
section 9(7A).
10
(6) If the mental health practitioner assesses the
person and advises the member of the police
force to arrange for an examination of the
person by a registered medical practitioner
the member of the police force must do so as
15
soon as practicable.
(7) If the mental health practitioner assesses the
person and advises the member of the police
force to release the person from
apprehension under this section the member
20
must do so unless the member arranges for a
personal examination of the person by a
registered medical practitioner.
(8) If an arrangement is made under this section
to have a person examined by a registered
25
medical practitioner, a registered medical
practitioner may examine the person for the
purposes of section 9.
(9) Nothing in this section limits--
(a) any other powers of a registered
30
medical practitioner or mental health
practitioner in relation to that person
under this Act; or
(b) any other powers of a member of the
police force in relation to that person.
35
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Health Legislation (Amendment) Act 2003
s. 11
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(10) In this section, "mental health
practitioner" has the same meaning as in
section 9.'.
Victorian Legislation and Parliamentary Documents
11. Mental Health Act--patient information
In section 120A of the Mental Health Act
5
1986--
(a) in sub-section (1), in the definition of
"person to whom this section applies" for
"person to whom this section applies"
substitute "relevant person";
10
(b) in sub-section (2), for "person to whom this
section applies"(wherever occurring)
substitute "relevant person";
(c) in sub-section (3)(a) after "consent" (where
twice occurring) insert "(which may be
15
express or implied)";
(d) in sub-section (3)(ea) for "2.2(f), 2.2(h)"
substitute "2.2(a), 2.2(f), 2.2(h), 2.2(k),
2.2(l)";
(e) in sub-section (3), after paragraph (ea)
20
insert--
"(eb) to the giving of information relating to
a notification, claim or potential claim
to a person or body providing insurance
or indemnity (including discretionary
25
indemnity) for any liability of the
relevant psychiatric service or a person
who is a relevant person in relation to
the relevant psychiatric service arising
from the provision of services by, on
30
behalf of or at the relevant psychiatric
service; or".
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Health Legislation (Amendment) Act 2003
s. 12
Act No.
12. Nurses Act--qualifications
See:
For section 6(2)(a) of the Nurses Act 1993 Act No.
Victorian Legislation and Parliamentary Documents
substitute-- 111/1993.
Reprint No. 3
"(a) has successfully completed a course as at
1 January
approved by the Board or an examination set
5 2002
by the Board or, if the Board so requires, and
amending
both a course approved by the Board and an Act Nos
examination set by the Board; or 2/2001,
11/2002 and
(ab) has successfully completed units in a course 14/2002.
LawToday:
of study accredited by the Board for the
10 www.dms.
purposes of sub-section (1) that the Board is dpc.vic.
gov.au
satisfied are substantially equivalent or based
on similar competencies to a course or
examination to which paragraph (a) applies;
or".
15
13. Statute law revision
(1) In sections 35(2A) and 35A of the Drugs, Poisons
and Controlled Substances Act 1981 for "Chief
General Manager" (wherever occurring)
substitute "Secretary".
20
(2) In the Health Practitioner Acts (Further
Amendments) Act 2002--
(a) in section 12(1) omit "29.";
(b) in section 17(1) omit "39.";
(c) in section 21(1) omit "46.";
25
(d) in section 27(1) omit "57.";
(e) in section 28(1) omit "58.".
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Health Legislation (Amendment) Act 2003
Endnotes
Act No.
ENDNOTES
Victorian Legislation and Parliamentary Documents
By Authority. Government Printer for the State of Victoria.
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