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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Health Professions Registration Amendment Bill
2007
TABLE OF PROVISIONS
Clause Page
1 Purpose 1
2 Commencement 1
3 Principal Act 2
4 Unprofessional conduct 2
5 Application for registration 2
6 Qualifications for general registration 2
7 General registration 3
8 Specific registration 4
9 Registration as a student 5
10 Non-practising registration 5
11 Renewal of registration 5
12 New section 27A inserted 6
27A Endorsement of registration for approved area of
practice 6
13 Endorsement of registration of health practitioners for
acupuncture 7
14 Register of health practitioners 8
15 Provision of information 8
16 Suspension of registration at any time 8
17 Powers of investigator 9
18 Report about progress of investigation 9
19 Review of matter after decision 9
20 Conduct of panel hearing 10
21 Claims by persons as to registration 10
22 Clinical training 10
82 Clinical training 10
23 Restriction on practising optometry 11
24 Delegation 12
25 Proceedings for offences 12
26 Authorisation of persons to assist in enforcement 12
27 Existing proceedings 13
28 New section 175A inserted 13
175A List members 13
29 New section 14A of the Drugs, Poisons and Controlled
Substances Act 1981 14
30 Investigations Committees 14
561044B.I-1/5/2007 i BILL LA INTRODUCTION 1/5/2007
Clause Page
31 Schedule 3 14
32 Schedule 4 14
33 Consequential amendment 15
34 Minor amendments of Disability Act 2006 15
35 Repeal of Act 15
ENDNOTES 16
561044B.I-1/5/2007 ii BILL LA INTRODUCTION 1/5/2007
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Health Professions Registration
Amendment Bill 2007
A Bill for an Act to amend the Health Professions Registration Act
2005 and for other purposes.
The Parliament of Victoria enacts:
1 Purpose
The main purpose of this Act is to amend the
Health Professions Registration Act 2005 to
improve the operation of the Act.
5 2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on the day after the day on which it
receives the Royal Assent.
(2) Section 33 comes into operation on 1 July 2007.
561044B.I-1/5/2007 1 BILL LA INTRODUCTION 1/5/2007
Health Professions Registration Amendment Bill 2007
s. 3
3 Principal Act
See: In this Act, the Health Professions Registration
Act No.
97/2005. Act 2005 is called the Principal Act.
Amended by
Act Nos
29/2006 and
80/2006.
LawToday:
www.
legislation.
vic.gov.au
4 Unprofessional conduct
5 In section 3(1) of the Principal Act in the
definition of unprofessional conduct
paragraph (c) is repealed.
5 Application for registration
For section 4(2)(d) of the Principal Act
10 substitute--
"(d) be accompanied by--
(i) evidence of the qualifications and
supervised practice that the applicant
claims entitle the applicant to the kind
15 of registration applied for; or
(ii) if the applicant is applying for
registration based on previous
registration mentioned in section
6(1)(a)(ii) or (iii), evidence of that
20 registration and the experience the
applicant claims entitle the applicant to
that kind of registration; and".
6 Qualifications for general registration
(1) After section 5(1)(a) of the Principal Act insert--
25 "(ab) a part of a course of study approved by the
responsible board;".
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Health Professions Registration Amendment Bill 2007
s. 7
(2) After section 5(1) of the Principal Act insert--
"(1A) For the purposes of subsection (1)(ab), a
responsible board may approve part of a
course of study as a qualification for general
5 registration in a division of the register kept
by the board only if the course of study is a
course approved, under subsection (1)(a), for
general registration in another division of the
register.".
10 (3) In sections 5(2) and (3) of the Principal Act for
"course of study" substitute "course, or part of a
course, of study".
(4) In section 5(4)(b) of the Principal Act for "courses
of study" substitute "courses, or parts of courses,
15 of study".
7 General registration
(1) For section 6(1)(a) of the Principal Act
substitute--
"(a) the applicant--
20 (i) is qualified for registration under
section 5; or
(ii) had general registration under this Act
or a corresponding previous enactment
as a health practitioner of that kind not
25 more than 2 years before the
application was made; or
(iii) has registration as a non-practising
health practitioner of that kind and was,
under section 170, deemed to have
30 general registration as that kind of
health practitioner under this section;
and".
561044B.I-1/5/2007 3 BILL LA INTRODUCTION 1/5/2007
Health Professions Registration Amendment Bill 2007
s. 8
(2) After section 6(2)(a) of the Principal Act insert--
"(ab) if the applicant is applying for registration
based on previous registration mentioned in
subsection (1)(a)(ii) or (iii), that the
5 applicant--
(i) is not, in the board's opinion, competent
to practise as that kind of health
practitioner; or
(ii) has not, in the board's opinion, had
10 sufficient recent practise as that kind of
health practitioner;".
8 Specific registration
(1) For section 7(4) of the Principal Act substitute--
"(4) A person's specific registration continues in
15 force until--
(a) the period, not more than 12 months,
specified by the responsible board ends;
or
(b) if the period of registration is extended
20 under subsection (7), the first of the
following occurs--
(i) the board makes a decision about
the person's application for
another period of specific
25 registration;
(ii) the period for which the specific
registration was extended ends.".
(2) After section 7(6) of the Principal Act insert--
"(7) The registrar of a responsible board, or
30 another person authorised by the responsible
board for this section, may extend the period
for which a person's specific registration
continues in effect for a period of not more
than 3 months if--
561044B.I-1/5/2007 4 BILL LA INTRODUCTION 1/5/2007
Health Professions Registration Amendment Bill 2007
s. 9
(a) the person has, while the person's
specific registration is in force, applied
again under this section for a grant of
specific registration; and
5 (b) it is not practicable to wait until the
board can consider the application; and
(c) if the person has a workplace
supervisor, the supervisor has provided
a report indicating the person's work
10 performance is satisfactory; and
(d) the registrar or other person authorised
by the board is satisfied that none of the
grounds for refusing an application for
the grant of specific registration
15 apply.".
9 Registration as a student
For section 8(1) of the Principal Act substitute--
"(1) The responsible board may grant or refuse to
grant registration or renewal of registration
20 as a student to a person to enable that person
to undertake or complete any period of
clinical training as part of--
(a) a course of study required under section
5(1)(a) or (ab); or
25 (b) a course of study for the purposes of
specific registration as a nurse under
section 7(2).".
10 Non-practising registration
In sections 11(1) and (2) of the Principal Act for
30 "section 6" substitute "section 6 or 7".
11 Renewal of registration
(1) In section 18(4)(a) of the Principal Act after
"2 years" insert ", or the longer period prescribed
by the regulations,".
561044B.I-1/5/2007 5 BILL LA INTRODUCTION 1/5/2007
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s. 12
(2) For section 18(5) of the Principal Act
substitute--
"(5) A person may not apply for renewal of the
following registration--
5 (a) interim registration;
(b) specific registration, other than specific
registration granted for a purpose
mentioned in section 7(1)(f).".
12 New section 27A inserted
10 After section 27 of the Principal Act insert--
"27A Endorsement of registration for approved
area of practice
(1) If a responsible board is satisfied a health
practitioner has successfully completed a
15 course of study or units of a course of study
in an approved area of practice, the board
may endorse the health practitioner's
registration to the effect that the health
practitioner is qualified to practise in that
20 approved area of practice.
(2) For the purposes of subsection (1), the
Minister may, by notice published in the
Government Gazette, approve areas of
practice in relation to which a responsible
25 board may endorse a health practitioner's
registration.
(3) If a notice mentioned in subsection (2) is
published, the responsible board to which the
notice relates must publish a list of the
30 approved areas of practice--
(a) in a publication circulated to health
practitioners of the kind registered by
the board; and
561044B.I-1/5/2007 6 BILL LA INTRODUCTION 1/5/2007
Health Professions Registration Amendment Bill 2007
s. 13
(b) on a website on the Internet kept by or
on behalf of the board.
(4) The Minister may, at any time, amend, vary
or revoke a notice approving an area of
5 practice.
(5) The responsible board may impose any
conditions it thinks fit on an endorsement
under this section, including conditions as to
professional indemnity insurance.
10 (6) The responsible board may, on application
by the health practitioner or with the
agreement of the health practitioner, amend,
vary or revoke any condition imposed on the
endorsement.
15 (7) In this section--
approved area of practice means an area of
practice approved by the Minister under
a notice published in the Government
Gazette under subsection (2).".
20 13 Endorsement of registration of health practitioners
for acupuncture
(1) In section 28(3)(g) of the Principal Act for
"Victoria." substitute "Victoria; or".
(2) After section 28(3)(g) of the Principal Act
25 insert--
"(h) the Podiatrists Registration Board of
Victoria.".
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s. 14
14 Register of health practitioners
(1) Sections 30(2)(d) and (h) of the Principal Act are
repealed.
(2) After section 30(2) of the Principal Act insert--
5 "(2A) The responsible board may also include in
the register the following particulars for each
health practitioner to whom the board has
granted registration--
(a) the health practitioner's principal
10 academic qualifications and the training
completed by the health practitioner for
registration, including the name of the
person or body that awarded the
qualification or provided the training
15 and the year the qualification was
awarded;
(b) the address from which the health
practitioner provides regulated health
services or a postal address for the
20 practitioner.".
(3) In section 30(9) of the Principal Act for "(2)(h)"
substitute "(2A)(b)".
15 Provision of information
In section 34(4) of the Principal Act after
25 "2 years" insert ", or the longer period prescribed
by the regulations,".
16 Suspension of registration at any time
(1) In section 40(1) of the Principal Act after
"believes" insert ", on reasonable grounds,".
30 (2) In sections 40(1)(a) and (b) of the Principal Act
for "is" (wherever occurring) substitute "is, or
may be,".
(3) In section 40(1)(c) of the Principal Act for "has"
substitute "has, or may have,".
561044B.I-1/5/2007 8 BILL LA INTRODUCTION 1/5/2007
Health Professions Registration Amendment Bill 2007
s. 17
17 Powers of investigator
For section 49(a) of the Principal Act
substitute--
"(a) by written notice given to a person, require
5 the person to do either or both of the
following--
(i) to give stated information to the
investigator within a stated reasonable
time and in a stated reasonable way;
10 (ii) to attend before the investigator at a
stated reasonable time and place to
answer questions or to produce a stated
thing; and".
18 Report about progress of investigation
15 For section 50(2) of the Principal Act
substitute--
"(2) Until the investigation is completed and a
decision is made under section 59 about the
matter being investigated, the responsible
20 board must, at intervals of not more than
3 months, report to the following persons
about the progress of the investigation--
(a) any notifier in relation to the matter
being investigated;
25 (b) the health practitioner or student being
investigated.".
19 Review of matter after decision
In section 60(1) of the Principal Act for "of a
decision" substitute "a decision".
561044B.I-1/5/2007 9 BILL LA INTRODUCTION 1/5/2007
Health Professions Registration Amendment Bill 2007
s. 20
20 Conduct of panel hearing
For section 69(3) of the Principal Act
substitute--
"(3) If a panel hearing arises out of a notification
5 made under section 42, a person must not
publish or broadcast the identity of the
notifier.
Penalty: 60 penalty units in the case of a
natural person and 300 penalty
10 units in the case of a body
corporate.".
21 Claims by persons as to registration
For section 80(9) of the Principal Act
substitute--
15 "(9) Subsections (1)(b), (c) and (d) do not apply
to--
(a) a registered student who is providing
regulated health services in accordance
with the student's registration; or
20 (b) a person who is not a registered student
but is providing regulated health
services in the course of undertaking
clinical training in accordance with
section 82(1)(a).".
25 22 Clinical training
For section 82 of the Principal Act substitute--
"82 Clinical training
(1) A person is not entitled to undertake clinical
training as part of a course of study or
30 training referred to in section 5(1)(a) or (ab)
unless--
(a) the clinical training is approved by the
responsible board; and
561044B.I-1/5/2007 10 BILL LA INTRODUCTION 1/5/2007
Health Professions Registration Amendment Bill 2007
s. 23
(b) if the clinical training is approved by a
relevant responsible board, the person
is a registered student under this Act.
(2) In this section--
5 relevant responsible board means one of the
following responsible boards--
(a) the Dental Practice Board of
Victoria;
(b) the Medical Practitioners Board of
10 Victoria;
(c) the Pharmacy Board of Victoria;
(d) another responsible board
prescribed under the regulations
for the purposes of this
15 definition.".
23 Restriction on practising optometry
After section 99(2) of the Principal Act insert--
"(3) Also, subsection (1) does not apply to a
person who--
20 (a) is a registered medical practitioner; or
(b) is employed or engaged by a person
who is registered as an optometrist
under this Act and is assisting the
optometrist to perform an activity
25 referred to in that subsection under the
optometrist's supervision; or
(c) is employed or engaged by an
ophthalmologist and is assisting the
ophthalmologist to perform an activity
30 referred to in that subsection under the
ophthalmologist's supervision.
561044B.I-1/5/2007 11 BILL LA INTRODUCTION 1/5/2007
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s. 24
(4) In this section--
ophthalmologist means a registered medical
practitioner whose registration is
endorsed, under section 27, to the effect
5 that the medical practitioner is qualified
to practise as a specialist practitioner in
ophthamology.".
24 Delegation
For section 133(1)(b) of the Principal Act
10 substitute--
"(b) the registrar or another person employed by
the board under section 132; or
(ba) a person engaged by the board to provide
services to the board--".
15 25 Proceedings for offences
For section 142(1) of the Principal Act
substitute--
"(1) A responsible board may authorise any of the
following persons to take proceedings under
20 this Act in the name of the responsible
board--
(a) the registrar or another person
employed by the board under
section 132;
25 (b) a person engaged by the board to
provide services to the board.".
26 Authorisation of persons to assist in enforcement
For section 143(1) of the Principal Act
substitute--
30 "(1) A responsible board may authorise any of the
following persons to carry out functions and
exercise powers under this Part--
561044B.I-1/5/2007 12 BILL LA INTRODUCTION 1/5/2007
Health Professions Registration Amendment Bill 2007
s. 27
(a) the registrar or another person
employed by the board under
section 132;
(b) a person engaged by the board to
5 provide services to the board.".
27 Existing proceedings
After section 168(1) of the Principal Act insert--
"(1A) Without limiting subsection (1), a list of
persons approved by the Governor in
10 Council under a repealed provision to be
appointed to a hearing panel for a formal or
informal hearing established by a responsible
board continues in effect, for the purposes of
subsection (1), on and after the
15 commencement of this section as if the
repealed provision had not been repealed.".
28 New section 175A inserted
After section 175 of the Principal Act insert--
"175A List members
20 On the commencement of section 163, each
person whose name was, immediately before
the commencement, included in a list of
persons approved by the Governor in
Council under a repealed provision to be
25 appointed to a hearing panel for a formal or
informal hearing established by a responsible
board is taken to have his or her name
included in a list of names approved by the
Governor in Council under Schedule 2 of
30 this Act.".
561044B.I-1/5/2007 13 BILL LA INTRODUCTION 1/5/2007
Health Professions Registration Amendment Bill 2007
s. 29
29 New section 14A of the Drugs, Poisons and
Controlled Substances Act 1981
(1) In section 180 of the Principal Act, in new section
14A(1) of the Drugs, Poisons and Controlled
5 Substances Act 1981 after "Minister may" insert
", by notice published in the Government
Gazette,".
(2) In section 180 of the Principal Act, in new section
14A(3) of the Drugs, Poisons and Controlled
10 Substances Act 1981 for "established" substitute
"continued or established".
30 Investigations Committees
In clause 1.1 of Schedule 2 to the Principal Act for
"Part 3" substitute "Divisions 1 to 4 of Part 3 of
15 this Act and section 59".
31 Schedule 3
(1) In clause 9(g) of Schedule 3 to the Principal Act
for "privacy." substitute "privacy;".
(2) After clause 9(g) of Schedule 3 to the Principal
20 Act insert--
"(h) the identity of a medicine being supplied or
dispensed to a client of the pharmacy or
pharmacy department cannot be known by
another person present in the pharmacy or
25 pharmacy department who is not a person
carrying on the pharmacy business or
pharmacy department or a member of the
staff of the business or department.".
32 Schedule 4
30 In item 24.4 of Schedule 4 to the Principal Act
after "endorsed under" insert "section 28 of".
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s. 33
33 Consequential amendment
(1) In section 129(1)(a) of the Drugs, Poisons and
Controlled Substances Act 1981, after
"registered optometrists" insert ", registered
5 podiatrists".
(2) In section 129(2) of the Drugs, Poisons and
Controlled Substances Act 1981, after
"registered optometrist" insert ", registered
podiatrist".
10 34 Minor amendments of Disability Act 2006
(1) In section 223(9) of the Disability Act 2006 for
"section 25" substitute "section 24".
(2) In section 231 of the Disability Act 2006, in new
clause 11AA(2) of Schedule 1 to the Victorian
15 Civil and Administrative Tribunal Act 1998 for
"Division 4" substitute "Division 5".
35 Repeal of Act
This Act is repealed on 1 July 2008.
561044B.I-1/5/2007 15 BILL LA INTRODUCTION 1/5/2007
Health Professions Registration Amendment Bill 2007
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561044B.I-1/5/2007 16 BILL LA INTRODUCTION 1/5/2007
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