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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Health Practitioners (Special Events Exemption)
Act 1999
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Definitions 2
4. Meaning of "visiting health practitioner" 3
5. Meaning of "visitor" 4
6. Minister may make special event Order 4
7. Special event Order must specify exemption period 5
8. Special event Order must specify notice procedure 5
9. Conditions, restrictions or limitations 5
10. Special event Order may authorise supply and use of certain
poisons 6
11. Provision of health care services by visiting health practitioner 7
12. Prescribing of certain poisons 8
13. Visiting health practitioner exempt from certain offences 8
14. Visitor exempt from certain drug offences 9
15. Wholesale suppliers exempt from certain drug offences 9
16. Pharmacists exempt from certain offences 10
17. Complaints about visiting health practitioners 10
18. Act does not limit the practice of registered health practitioners 10
19. Regulations 10
20. Amendment of definitions 11
NOTES 12
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PARLIAMENT OF VICTORIA
Initiated in Assembly 10 November 1999
A BILL
to allow visiting health practitioners to provide health care services in
the State in connection with special events without becoming
registered under State law and for other purposes.
Health Practitioners (Special Events
Exemption) Act 1999
The Parliament of Victoria enacts as follows:
1. Purpose
The main purpose of this Act is to allow visiting
health practitioners to provide health care services
in the State in connection with special events
5 without becoming registered under State law.
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2. Commencement
(1) This Act (except section 20) comes into operation
on 1 January 2000.
(2) Section 20 comes into operation on the day on
5 which section 100 of the Dental Practice Act
1999 comes into operation.
3. Definitions
In this Act--
"exemption period" means a period or periods
10 specified in a special event Order as an
exemption period relating to a special event;
"health care service" means a service ordinarily
provided by a person registered under a
health registration Act;
15 "health registration Act" means any of the
following Acts and includes any regulations
made under those Acts--
(a) the Chiropractors Registration Act
1996;
20 (b) the Dental Technicians Act 1972;
(c) the Dentists Act 1972;
(d) the Medical Practice Act 1994;
(e) the Nurses Act 1993;
(f) the Optometrists Registration Act
25 1996;
(g) the Osteopaths Registration Act
1996;
(h) the Pharmacists Act 1974;
(i) the Physiotherapists Registration Act
30 1998;
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(j) the Podiatrists Registration Act 1997;
(k) the Psychologists Registration Act
1987;
"Schedule 2 poison" has the same meaning as it
5 has in the Drugs, Poisons and Controlled
Substances Act 1981;
"Schedule 3 poison" has the same meaning as it
has in the Drugs, Poisons and Controlled
Substances Act 1981;
10 "Schedule 4 poison" has the same meaning as it
has in the Drugs, Poisons and Controlled
Substances Act 1981;
"Schedule 8 poison" has the same meaning as it
has in the Drugs, Poisons and Controlled
15 Substances Act 1981;
"special event" means a sporting, cultural or
other event or class of events declared to be
a special event by a special event Order;
"special event Order" means an Order made
20 under section 6;
"visiting health practitioner" has the meaning
given in section 4;
"visitor" has the meaning given in section 5.
4. Meaning of "visiting health practitioner"
25 A person is a "visiting health practitioner" if--
(a) the person is an individual who is a resident
of another country; and
(b) the person is appointed, employed,
contracted or otherwise engaged to provide
30 health care services to a visitor; and
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(c) notice is given, in accordance with the
procedure specified in the special event
Order for the special event concerned, of the
person's intention to provide health care
5 services in the State to a visitor.
5. Meaning of "visitor"
A person is a "visitor" if--
(a) the person is a resident of another country
who is in the State for the purpose of--
10 (i) officially participating in a special
event; or
(ii) preparing, training, practising,
rehearsing or acclimatising for a special
event; or
15 (b) the person is a resident of Australia who--
(i) is in the State for a purpose referred to
in paragraph (a); and
(ii) is a member of a group, the majority of
the members of which is comprised of
20 persons referred to in paragraph (a)
who are in the State for the same
purpose.
6. Minister may make special event Order
(1) The Minister may, by Order published in the
25 Government Gazette, declare an event or class of
events specified in the Order to be a special event
for the purposes of this Act.
(2) A special event Order may be made in relation to
any sporting, cultural or other event that--
30 (a) is to take place or is taking place in the State;
and
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Health Practitioners (Special Events Exemption) Act 1999
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Act No.
(b) in the opinion of the Minister, will attract a
significant number of participants from other
countries.
(3) A special event Order--
5 (a) may be of general or limited application; and
(b) may differ according to differences in time,
place or circumstance; and
(c) may provide for any matter ancillary to any
matter included in an Order.
10 (4) A special event Order may be revoked, varied,
substituted or amended by a further Order or
Orders made under this section.
7. Special event Order must specify exemption period
(1) A special event Order must specify a period or
15 periods as an exemption period during which an
exemption or authorisation under this Act has
effect in respect of a special event.
(2) The exemption period for a special event may
include any period or periods before or after the
20 special event takes place.
8. Special event Order must specify notice procedure
A special event Order must specify a procedure by
which notice of a person's intention to provide
health care services in the State to a visitor is to be
25 given for the purposes of section 4.
9. Conditions, restrictions or limitations
(1) A special event Order may impose conditions,
restrictions or limitations on the provision of
health care services by a visiting health
30 practitioner.
(2) A condition, restriction or limitation may apply--
(a) generally; or
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(b) to a particular special event; or
(c) to a particular class of persons.
10. Special event Order may authorise supply and use of
certain poisons
5 (1) The Minister, in a special event Order, may--
(a) authorise a visiting health practitioner, all
visiting health practitioners or a class of
visiting health practitioners, in the course of
providing health care services to visitors--
10 (i) to prescribe, write prescriptions for or
supply Schedule 4 poisons or
Schedule 8 poisons; and
(ii) to sell or supply Schedule 2 poisons or
Schedule 3 poisons;
15 (b) authorise a visiting health practitioner, all
visiting health practitioners or a class of
visiting health practitioners to obtain any
Schedule 2 poison, Schedule 3 poison,
Schedule 4 poison or Schedule 8 poison by
20 wholesale;
(c) authorise any person or class of persons to
sell or supply Schedule 4 poisons or
Schedule 8 poisons on a prescription written
by a visiting health practitioner;
25 (d) authorise a person or class of persons
licensed or otherwise authorised under the
Drugs, Poisons and Controlled Substances
Act 1981 to sell or supply any poison or
controlled substance by wholesale to sell or
30 supply by wholesale a Schedule 2 poison,
Schedule 3 poison, Schedule 4 poison or
Schedule 8 poison to any visiting health
practitioner authorised to obtain such poison
by wholesale.
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(2) The Minister must not make a special event Order
containing any authorisation referred to in sub-
section (1) unless the Minister is satisfied that
adequate arrangements are in place to ensure that
5 the Schedule 2 poisons, Schedule 3 poisons,
Schedule 4 poisons or Schedule 8 poisons
concerned will only be prescribed for and
supplied to visitors to whom visiting health
practitioners are authorised to provide health care
10 services under this Act.
(3) A special event Order may impose conditions,
restrictions or limitations on any authorisation
referred to in this section.
(4) Without limiting sub-section (3), a special event
15 Order may impose conditions, restrictions or
limitations on a visiting health practitioner, all
visiting health practitioners or a class of visiting
health practitioners in relation to the security of
storage of any Schedule 4 poison or Schedule 8
20 poison in the practitioner's possession.
(5) A condition, restriction or limitation imposed on
an authorisation made under this section may
apply--
(a) generally; or
25 (b) to a particular special event; or
(c) to a particular class of persons.
11. Provision of health care services by visiting health
practitioner
(1) A visiting health practitioner is authorised to
30 provide health care services to visitors for whom
the visiting health practitioner has been appointed,
employed, contracted or otherwise engaged to
provide those services.
(2) This section has effect in relation to a visiting
35 health practitioner only--
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(a) during the exemption period for the relevant
special event; and
(b) while the health practitioner is complying
with--
5 (i) the relevant special event Order; and
(ii) this Act; and
(iii) any applicable conditions, restrictions
or limitations imposed in accordance
with this Act.
10 12. Prescribing of certain poisons
Despite section 11(1), a visiting health
practitioner may only prescribe, write a
prescription for or supply a Schedule 4 poison or a
Schedule 8 poison if authorised to do so by a
15 special event Order.
13. Visiting health practitioner exempt from certain
offences
(1) A visiting health practitioner does not commit an
offence under a health registration Act for--
20 (a) providing health care services authorised by
this Act; or
(b) holding himself or herself out as being able
to provide health care services authorised by
this Act; or
25 (c) using any name, initials, description, word,
symbol, addition or title that he or she
ordinarily uses.
(2) A visiting health practitioner does not commit an
offence under the Drugs, Poisons and Controlled
30 Substances Act 1981 or any regulations under
that Act for--
(a) obtaining, possessing, selling or supplying
any Schedule 2 poison, Schedule 3 poison,
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Schedule 4 poison or Schedule 8 poison in
the course of providing health care services
authorised by this Act; or
(b) administering or using any Schedule 2
5 poison, Schedule 3 poison, Schedule 4
poison or Schedule 8 poison in the course of
providing health care services authorised by
this Act; or
(c) prescribing or writing a prescription for any
10 Schedule 4 poison or Schedule 8 poison in
accordance with this Act.
14. Visitor exempt from certain drug offences
A visitor does not commit an offence under the
Drugs, Poisons and Controlled Substances Act
15 1981 or any regulations under that Act for
possessing or using any Schedule 2 poison,
Schedule 3 poison, Schedule 4 poison or
Schedule 8 poison as a result of being prescribed
or supplied with that poison by a visiting health
20 practitioner in accordance with this Act.
15. Wholesale suppliers exempt from certain drug
offences
A person who is licensed or otherwise authorised
under the Drugs, Poisons and Controlled
25 Substances Act 1981 to sell or supply by
wholesale any Schedule 2 poison, Schedule 3
poison, Schedule 4 poison or Schedule 8 poison
does not commit an offence under that Act or any
regulations under that Act for selling or supplying
30 any Schedule 2 poison, Schedule 3 poison,
Schedule 4 poison or Schedule 8 poison by
wholesale to a visiting health practitioner if the
visiting health practitioner is authorised in
accordance with this Act to be supplied with the
35 poison by wholesale.
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Health Practitioners (Special Events Exemption) Act 1999
s. 16
19
Act No.
16. Pharmacists exempt from certain offences
(1) A pharmacist does not commit an offence under
the Drugs, Poisons and Controlled Substances
Act 1981 or any regulations under that Act for
5 selling or supplying or dispensing a Schedule 4
poison or a Schedule 8 poison in accordance with
a prescription written by a visiting health
practitioner if--
(a) the visiting health practitioner is authorised
10 in accordance with this Act to write the
prescription; and
(b) the visiting health practitioner has written
the prescription for a visitor.
(2) In this section "pharmacist" means a person
15 registered as a pharmacist under the Pharmacists
Act 1974.
17. Complaints about visiting health practitioners
(1) No complaint may be made about a visiting health
practitioner under the Health Services
20 (Conciliation and Review) Act 1987 or a health
registration Act and no disciplinary action may be
taken against a visiting health practitioner under
those Acts.
(2) This section does not prevent the bringing of
25 proceedings for an offence under any Act referred
to in sub-section (1).
18. Act does not limit the practice of registered health
practitioners
This Act does not prejudice or affect the lawful
30 occupation, trade or business of any person who is
registered under a health registration Act.
19. Regulations
The Governor in Council may make regulations
for or with respect to any matter or thing that is
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required or permitted by this Act to be prescribed
or that is necessary or convenient to be prescribed
for carrying out or giving effect to this Act.
20. Amendment of definitions
5 In section 3, in the definition of "health
registration Act", for paragraphs (b) and (c)
substitute--
"(b) the Dental Practice Act 1999;".
10
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Health Practitioners (Special Events Exemption) Act 1999
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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