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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
2008
TABLE OF PROVISIONS
Clause Page
1 Purpose 1
2 Commencement 2
3 Principal Act 2
4 Qualifications for general registration 2
5 Provisional registration 3
6 Renewal of registration 3
7 Endorsements generally 3
8 Approved methods of communication for responsible board 3
9 What if no proceedings started before commencement of this
Act? 4
10 Cap of growth of pharmacy ownership for friendly society type
companies 4
11 Repeal of amending Act 6
ENDNOTES 7
561287B.I-9/9/2008 i BILL LA INTRODUCTION 9/9/2008
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Health Professions Registration
Amendment Bill 2008
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--
(a) to provide for the fixing of certain fees by
5 responsible boards;
(b) to allow nurses with specific registration as
midwives to apply for renewal of such
registration;
(c) to increase the period of provisional
10 registration;
561287B.I-9/9/2008 1 BILL LA INTRODUCTION 9/9/2008
Health Professions Registration Amendment Bill 2008
s. 2
(d) to enable responsible boards to suspend the
registration of a health practitioner at a
meeting held by means of an approved
method, or combination of methods, of
5 communication;
(e) to provide that investigations, inquiries,
hearings or proceedings in relation to certain
activities that occurred before section 163 of
the Health Professions Registration Act
10 2005 came into operation may be
commenced or undertaken under that Act;
(f) to specify caps on the growth of pharmacy
ownership for friendly society type
companies.
15 2 Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
3 Principal Act
See: In this Act, the Health Professions Registration
Act No.
20 97/2005. Act 2005 is called the Principal Act.
Reprint No. 1
as at
1 September
2007.
LawToday:
www.
legislation.
vic.gov.au
4 Qualifications for general registration
(1) In section 5(1)(c) of the Principal Act, after
"practitioner" insert "and has paid the fee fixed by
the board in relation to the examination (if any)".
561287B.I-9/9/2008 2 BILL LA INTRODUCTION 9/9/2008
Health Professions Registration Amendment Bill 2008
s. 5
(2) After section 5(1A) of the Principal Act insert--
"(1B) The responsible board may fix a fee to be
paid by the provider of a course of study or
part of a course of study that must
5 accompany an application by the provider to
the board for--
(a) approval of the course of study for the
purposes of subsection (1)(a); or
(b) approval of part of a course of study for
10 the purposes of subsection (1)(ab).".
5 Provisional registration
In section 9(4) of the Principal Act, for "12"
substitute "24".
6 Renewal of registration
15 In section 18(5)(b) of the Principal Act, after
"section 7(1)(f)" insert "or 7(2)".
7 Endorsements generally
(1) In section 29(4)(c) of the Principal Act, after
"registration" insert "and has paid the fee fixed by
20 the board in relation to the examination (if any)".
(2) After section 29(4) of the Principal Act insert--
"(4A) The responsible board may fix a fee to be
paid by the provider of a course of study that
must accompany an application by the
25 provider to the board for approval of the
course of study for the purposes of
subsection (4)(a).".
8 Approved methods of communication for
responsible board
30 In section 130(3)(b) of the Principal Act, after
"Part 3" insert "(other than section 40)".
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Health Professions Registration Amendment Bill 2008
s. 9
9 What if no proceedings started before
commencement of this Act?
For section 169(1) of the Principal Act
substitute--
5 "(1) In the case of activities of a person which
occurred before the commencement of
section 163 and in respect of which--
(a) no investigation, inquiry or hearing has
been commenced under the repealed
10 provision; or
(b) no proceeding has been taken under the
repealed provision--
this Act applies to the extent that there was
power in relation to those activities to
15 conduct an investigation, inquiry or hearing
or to take a proceeding under the repealed
provision.".
10 Cap of growth of pharmacy ownership for friendly
society type companies
20 (1) For section 174(2)(a) of the Principal Act
substitute--
"(a) on and from 1 July 2007; and".
(2) In section 174(3) of the Principal Act omit
"during the applicable period".
25 (3) At the foot of section 174(3) of the Principal Act
insert--
"Penalty: 1200 penalty units.".
(4) In section 174(4) of the Principal Act--
(a) in paragraph (a) omit "in the applicable
30 period";
561287B.I-9/9/2008 4 BILL LA INTRODUCTION 9/9/2008
Health Professions Registration Amendment Bill 2008
s. 10
(b) in paragraph (b)--
(i) for "after 16 November 2004"
substitute "on or after 17 November
2008";
5 (ii) omit "in the applicable period";
(iii) for "before 16 November 2004" (where
secondly occurring) substitute "before
17 November 2008".
(5) In section 174(5) of the Principal Act--
10 (a) after "16 November 2004" insert "and
before 17 November 2008";
(b) omit "during the applicable period".
(6) After section 174(5) of the Principal Act insert--
"(5A) Subsection (3) does not apply to a company
15 referred to in section 101(1)(e) that was
formed by amalgamation on or after
17 November 2008 if the number of
pharmacy businesses the amalgamated
company owns at any one time does not
20 exceed--
(a) in the case of the amalgamated
company being formed only by
companies that, immediately before
16 November 2004, did not own a
25 pharmacy business or owned less than
6 pharmacy businesses, 6 pharmacy
businesses; or
(b) in the case of the amalgamated
company being formed by at least one
30 company that, immediately before
16 November 2004, owned 6 or more
pharmacy businesses, 30% more than
the number of pharmacy businesses that
the largest amalgamating company
561287B.I-9/9/2008 5 BILL LA INTRODUCTION 9/9/2008
Health Professions Registration Amendment Bill 2008
s. 11
owned immediately before
17 November 2008.".
(7) In section 174(7) of the Principal Act for "or (5)"
substitute ", (5) or (5A)".
5 (8) After section 174(7) of the Principal Act insert--
"(8) In this section largest amalgamating
company means a company that--
(a) was amalgamated with other companies
to form a company; and
10 (b) owned more pharmacy businesses than
any other company that was
amalgamated to form the company.".
11 Repeal of amending Act
This Act is repealed on the first anniversary of its
15 commencement.
Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
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Health Professions Registration Amendment Bill 2008
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561287B.I-9/9/2008 7 BILL LA INTRODUCTION 9/9/2008
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