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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Health Professions Registration Act 2005
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
3. Definitions 3
PART 2--REGISTRATION 12
Division 1--Requirements for Registration 12
4. Application for registration 12
5. Qualifications for general registration 13
6. General registration 15
7. Specific registration 17
8. Registration as a student 19
9. Provisional registration 20
10. Interim registration 21
11. Non-practising registration 24
12. Additional qualifications 24
13. Professional indemnity insurance 25
14. Board's powers before deciding applications 26
15. Entitlement of applicant to make submissions 28
16. Notification of outcome of application 28
17. Period of registration 30
18. Renewal of registration 30
19. Registration obtained by fraud 33
Division 2--Endorsement of Registration 34
20. Endorsement of registration for nurse practitioners 34
21. Endorsement of registration--midwives 35
22. Endorsement of registration of nurses--medication 36
23. Endorsement of registration of optometrists 36
24. Endorsement of registration of podiatrists 37
25. Endorsement of registration of Chinese medicine practitioners 37
26. Endorsement of registration of pharmacists 38
27. Endorsement of registration for specialist practitioners 39
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28. Endorsement of registration of health practitioners for
acupuncture 39
29. Endorsements generally 40
Division 3--Other Requirements 42
30. Register of health practitioners 42
31. Certificates 44
32. Use of certificate as evidence 46
33. Requirement to notify changes of address 46
34. Provision of information 47
35. Effect of suspension of registration 48
PART 3--INVESTIGATIONS AND PANEL HEARINGS 49
Division 1--General Provisions 49
36. Reporting of ill-health of health practitioners 49
37. Immunity of health practitioners 49
38. Request for conditions or suspension 50
39. Cancellation by agreement 51
40. Suspension of registration at any time 51
41. Agreements to amend, vary or revoke conditions or revoke
suspensions 53
Division 2--Notification and Commencement of Investigations 54
42. Notifications about health practitioners and students 54
43. When notifications are to be dealt with by the Health Services
Commissioner as complaints 55
44. Responsible board may deal with a health records complaint
as a notification 57
45. Commencement of investigations 58
46. Power to proceed without investigation 58
47. Investigations without notification 59
48. Notice of investigation 59
49. Powers of investigator 60
50. Investigation to be conducted expeditiously 61
Division 3--Health Assessments 61
51. Health assessments 61
52. Report of health assessment 62
53. Refusal to attend or co-operate 63
54. Health assessments required by a panel 63
Division 4--Performance Assessments 64
55. Performance assessment 64
56. Report of performance assessment 64
57. Refusal to attend or co-operate 65
58. Performance assessments required by a panel 65
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Division 5--Powers after Investigation 66
59. Powers of board after investigation completed 66
60. Review of matter after decision 68
Division 6--Hearings by Professional Standards Panels 69
61. Establishment of a professional standards panel 69
62. Notice of a professional standards panel hearing 70
63. Outcome of a professional standards panel's hearing 71
64. Referral to a health assessment or a Tribunal hearing 72
Division 7--Hearings by Health Panels 73
65. Establishment of health panels 73
66. Notice of a health panel hearing 74
67. Outcome of health panel's hearing 75
68. Referral to a health assessment or a Tribunal hearing 77
Division 8--Provisions Applying to all Panel Hearings 78
69. Conduct of a panel hearing 78
70. Change of panel hearing to Tribunal hearing during course of
hearing 80
71. Request for Tribunal hearing upon completion of panel hearing 80
72. Effect of determinations 80
73. Reasons for determinations of panel 81
Division 9--General Provisions 81
74. Removal of suspension or condition 81
75. Notice of determinations 82
PART 4--PROCEEDINGS AND REVIEW BY VCAT 84
Division 1--Proceedings by VCAT 84
76. Applications to VCAT 84
77. Determinations of VCAT 84
Division 2--Review of Decisions of Boards and Panels 87
78. Review by VCAT 87
Division 3--Publicising Disciplinary Action 90
79. Notification 90
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PART 5--OFFENCES AND REGULATED CONDUCT 91
Division 1--Offences Applying to Health Professions Generally 91
80. Claims by persons as to registration 91
81. Use of titles in educational institutions 97
82. Clinical training 97
83. Fraud, forgery etc. 98
84. Offence to provide unregistered health practitioners 98
85. Offence of directing or inciting unprofessional conduct 100
86. Convicted offenders may be prohibited from carrying on
business 101
87. Lifting of prohibition 102
88. Offence of carrying on business while prohibited 102
89. Effect of appeal against conviction 103
90. Power to require information from convicted persons 103
91. Register of prohibitions 104
92. Evidentiary certificate 105
93. Secretary to notify responsible board of prohibitions 105
94. Advertising 105
95. Advertising guidelines 106
96. Power of the courts to require corrective advertising 107
Division 2--Offences for Nurses 108
97. Additional offences in relation to nurses 108
Division 3--Dental Care Providers 109
98. Restriction on practising dentistry 109
Division 4--Optometrists 110
99. Restriction on practising optometry 110
PART 6--PHARMACY 112
Division 1--Interpretation 112
100. Definition 112
Division 2--Ownership and Operation 112
101. Ownership of pharmacy businesses 112
102. Establishment of pharmacy businesses and pharmacy
departments 116
103. Approval of pharmacies, pharmacy businesses or pharmacy
departments 117
104. Establishment and operation of pharmacy depots 119
105. Notifications about pharmacy businesses and pharmacy
departments 120
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Division 3--Pharmacists' Responsibilities 120
106. Notification by pharmacists 120
107. Controls over the supply, compounding or dispensing of
medicines 121
108. Personal supervision of pharmacy or pharmacy department 121
109. Access to closed pharmacies and pharmacy departments 122
Division 4--Other Requirements 123
110. Dispensing and recording of prescriptions 123
111. Security at pharmacy depots 125
Division 5--Approvals and Revocation of Approvals 125
112. Applications for approvals 125
113. Revocation of approvals 125
Division 6--Offences 127
114. Use of title 127
115. Claims by persons as to approval 128
116. Undue influence 128
PART 7--ADMINISTRATION 130
Division 1--Responsible Boards 130
117. Existing and new boards 130
118. Powers and functions of responsible boards 131
119. Consultation requirements 133
120. Membership of a responsible board 134
121. Terms of office 135
122. Resignation and removal 135
123. President and Deputy President 136
124. Acting member 137
125. Payment of members 137
126. Procedure of responsible board 137
127. Effect of vacancy or defect 138
128. Member's interests 138
129. Resolutions without meetings 139
130. Approved methods of communication for responsible board 140
131. Immunity 140
132. Staff 141
133. Delegation 141
Division 2--Advisory Committees 142
134. Establishment of general committees 142
135. Establishment of prescribing practice advisory committees 142
136. Membership of committees 144
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Division 3--Approval of Positions for Provisional Registration 145
137. Approval of positions for provisional registration 145
PART 8--FINANCIAL PROVISIONS 146
138. Board funds 146
139. Investment powers 147
140. Powers of responsible board in relation to fees 147
141. Repayment of advances 148
PART 9--ENFORCEMENT AND SUPPLEMENTARY
PROVISIONS 149
Division 1--General Provisions 149
142. Proceedings for offences 149
143. Authorisation of persons to assist in enforcement 149
144. Identification 150
145. Special powers of entry to pharmacies 150
146. Pharmacy Board may examine documents 151
147. General powers of entry with warrant 152
148. Announcement before entry 154
149. Copy of warrant to be given 154
150. Copies or receipts to be given 154
151. Copies of seized documents 155
152. Retention and return of seized documents or things 155
153. Magistrates' Court may extend 3 month period 156
154. Protection against self-incrimination 157
155. Offence to give false or misleading information 157
156. Offence to hinder or obstruct authorised person 158
Division 2--Special Powers for Provisional Registration 158
157. Examination of intern training records 158
PART 10--GENERAL 159
158. Regulations 159
159. Minister's powers of approval 160
160. Provision of information to Minister 160
161. Disclosure of information to other agencies 161
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PART 11--AMENDMENTS, REPEALS, TRANSITIONALS
AND SAVINGS 162
Division 1--Repeals, Savings and Transitionals 162
162. Definition 162
163. Repeals 162
164. Saving of references 163
165. Establishment of Board 163
166. Responsible boards continue under this Act 164
167. Additional savings and transitionals for new Board 166
168. Existing proceedings before a responsible board 167
169. What if no proceedings started before commencement of
this Act? 168
170. Existing registrations 168
171. Expiry of existing registrations 172
172. Existing registers 173
173. Existing pharmacies, pharmacy departments and pharmacy
depots 174
174. Cap on growth of pharmacy ownership for friendly society
type companies 175
175. References to health practitioners 177
176. Board and list members become members of VCAT 178
177. Interpretation of Legislation Act 1984 179
Division 2--Drugs, Poisons and Controlled Substances Act 1981 179
178. Consequential amendments 179
179. Endorsements of registration 181
180. New section 14A inserted 184
14A. Minister to approve scope of prescribing rights 184
Division 3--Victorian Civil and Administrative Tribunal Act 1998 185
181. Victorian Civil and Administrative Tribunal Act 1998 185
Division 4--Consequential Amendments to Other Acts 185
182. Consequential amendments 185
__________________
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SCHEDULES 186
SCHEDULE 1--Responsible Boards 186
SCHEDULE 2--Bodies Established by Responsible Boards 187
SCHEDULE 3--Matters Required for Approval under Part 6 190
SCHEDULE 4--Consequential Amendments to other Acts 192
ENDNOTES 210
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PARLIAMENT OF VICTORIA
A BILL
to protect the public by providing for the registration of health
practitioners and for a common system of investigations into the
professional conduct, professional performance and ability to practise
of registered health practitioners, to repeal various Acts relating to the
registration of health practitioners and for other purposes.
Health Professions Registration Act
2005
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The main purposes of this Act are to--
(a) protect the public by providing for the
registration of health practitioners and a
5
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Health Professions Registration Act 2005
Act No.
Part 1--Preliminary
s. 2
common system of investigations into the
professional conduct, professional
performance and ability to practise of
registered health practitioners; and
(b) protect the public by providing for the
5
registration of students of the health
professions and investigations into the
suitability of those students to undertake
clinical training; and
(c) regulate the advertising of regulated health
10
services; and
(d) establish or continue in operation various
boards responsible for registering health
practitioners and establish or continue the
funds administered by those boards; and
15
(e) regulate the operation of pharmacies,
pharmacy businesses, pharmacy departments
and pharmacy depots; and
(f) repeal various Acts relating to the
registration of health practitioners and to
20
make consequential amendments to other
Acts; and
(g) provide for other related matters.
2. Commencement
(1) Sections 1, 171(2) and this section come into
25
operation on the day on which this Act receives
the Royal Assent.
(2) The remaining provisions of this Act come into
operation on a day or days to be proclaimed.
(3) If a provision referred to in sub-section (2), except
30
section 82, does not come into operation before
1 July 2007, it comes into operation on that day.
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Part 1--Preliminary
s. 3
(4) If section 82 does not come into operation before
1 September 2007, it comes into operation on that
day.
3. Definitions
(1) In this Act--
5
"alcoholic" has the same meaning as in the
Alcoholics and Drug-dependent Persons
Act 1968;
"authorised person" means the registrar of a
responsible board or a person authorised by a
10
responsible board or the Secretary under
section 143 to carry out functions and
exercise powers under Part 9;
"condition" includes limitation or restriction;
"division" in relation to a register, means a
15
division of a register established or
continued by section 172;
"drug-dependent person" has the same meaning
as in the Alcoholics and Drug-dependent
Persons Act 1968;
20
"endorsement" means an endorsement of a
health practitioner's registration under
Division 2 of Part 2;
"fund" means a fund established by or continued
in operation under this Act that is
25
administered by a responsible board;
"health assessment" includes a medical
examination by a medical practitioner
registered under this Act;
"health panel" means a health panel established
30
by a responsible board under Schedule 2;
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551371B.I1-27/10/2005 BILL LA INTRODUCTION 27/10/2005
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Act No.
Part 1--Preliminary
s. 3
"health practitioner" means a practitioner in one
of the health professions regulated by a
responsible board but does not include a
student;
"Health Services Commissioner" means the
5
Health Services Commissioner within the
meaning of the Health Services
(Conciliation and Review) Act 1987;
"investigations committee" means an
investigations committee established by a
10
responsible board under Schedule 2;
"investigation review panel" means an
investigation review panel established by a
responsible board under Schedule 2;
"investigator" means a person appointed by a
15
responsible board to conduct an investigation
under Division 2 of Part 3;
"lawyer" means a person who--
(a) is admitted to the legal profession under
the Legal Profession Act 2004 or a
20
corresponding law within the meaning
of that Act; and
(b) holds a practising certificate granted
under that Act or a practising certificate
granted under a corresponding law
25
within the meaning of that Act;
"member" means a member of a responsible
board;
"non-practising health practitioner" means a
health practitioner who is registered under
30
section 11;
"notifier" means a person who has made a
notification under section 42;
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Part 1--Preliminary
s. 3
"panel hearing" means a hearing conducted by a
health panel or a professional standards
panel under Division 6 or 7 of Part 3;
"pharmacy" means premises in or from which a
registered pharmacist supplies, compounds
5
or dispenses medicines to the public and
includes the portion of the premises where
the pharmacist sells or offers to sell goods of
any kind, but does not include a pharmacy
department or pharmacy depot;
10
"pharmacy business" means a business carried
on at a pharmacy and includes the business
of providing pharmacy services and that part
of the business where goods of any kind are
sold or offered to be sold but does not
15
include a pharmacy department or pharmacy
depot;
"pharmacy services" includes--
(a) the supply, compounding or dispensing
of medicines; and
20
(b) advice and counselling on the effective
and safe use of medicines;
"pharmacy department" means the portion of
the premises of a registered funded agency,
private hospital or privately-operated
25
hospital within the meaning of the Health
Services Act 1988 set aside for supplying,
compounding or dispensing medicines on
order or prescription to patients and staff of
the agency or hospital;
30
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Part 1--Preliminary
s. 3
"pharmacy depot" means premises at which--
(a) written prescriptions for the supplying,
compounding or dispensing of
medicines may be left for a pharmacist;
(b) medicines supplied, compounded or
5
dispensed by a registered pharmacist
may be left for collection by or on
behalf of the person to whom they are
addressed;
"practice", in relation to the health profession of
10
Chinese medicine, includes the practice of
dispensing Chinese herbs;
"practise", in relation to a pharmacist, includes
provide pharmacy services;
"professional indemnity insurance" includes
15
insurance against civil liability in connection
with the provision of regulated health
services by a registered health practitioner
and an agreement or arrangement for
discretionary indemnity in respect of that
20
liability;
"professional misconduct" includes--
(a) unprofessional conduct of a health
practitioner, where the conduct
involves a substantial or consistent
25
failure to reach or maintain a
reasonable standard of competence and
diligence; and
(b) conduct that violates or falls short of, to
a substantial degree, the standard of
30
professional conduct observed by
members of the profession of good
repute or competency; and
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Part 1--Preliminary
s. 3
(c) conduct of a health practitioner,
whether occurring in connection with
the practice of the health practitioner's
health profession or occurring
otherwise than in connection with the
5
practice of a health profession, that
would, if established, justify a finding
that the practitioner is not of good
character or is otherwise not a fit and
proper person to engage in the practice
10
of that health profession;
"professional performance" means the
knowledge, skill or care possessed and
applied by a registered health practitioner in
the provision of regulated health services;
15
"professional standards panel" means a
professional standards panel established by a
responsible board under Schedule 2;
"proprietary interest" means a legal or
beneficial interest and includes a proprietary
20
interest as a sole proprietor, as a partner, as a
director, member or shareholder of a
company and as the trustee or beneficiary of
a trust;
"register" means a register of health practitioners
25
under section 30 kept by the responsible
board which regulates those health
practitioners;
"registered health practitioner" means a person
registered under Part 2, whether or not the
30
registration of that person is general,
specific, provisional, interim or non-
practising but does not include a registered
student;
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Act No.
Part 1--Preliminary
s. 3
"registered medical practitioner" means a
medical practitioner registered under Part 2
of this Act by the Medical Practitioners
Board of Victoria but does not include a
registered student;
5
"registered pharmacist" means a pharmacist
registered under Part 2 of this Act by the
Pharmacy Board of Victoria but does not
include a registered student;
"registered student" means a student registered
10
under section 8;
"registrar" means the person employed by a
responsible board under section 132 to be
responsible for the register kept by that
board;
15
"regulated health profession" means a health
profession that is regulated by a responsible
board under this Act;
"regulated health service" means a health
service usually provided in a regulated health
20
profession;
"responsible board", in relation to a health
practitioner regulated under this Act, means
the responsible board listed in Schedule 1,
established or continued in operation by this
25
Act that registers and regulates the health
practitioner;
"Secretary" means--
(a) in relation to any act to which
section 6(3) of the Health Act 1958
30
applies, the body corporate established
under section 6 of that Act; and
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Act No.
Part 1--Preliminary
s. 3
(b) in any other case, the Department Head,
within the meaning of the Public
Administration Act 2004, to the
Department of Human Services;
"supervised practice" includes internship;
5
"Tribunal hearing" means a proceeding
conducted by VCAT under Division 1 or 2
of Part 4;
"unprofessional conduct" includes--
(a) conduct of a health practitioner
10
occurring in connection with the
practice of the practitioner's health
profession that is of a lesser standard
than a member of the public or the
health practitioner's peers are entitled to
15
expect of a reasonably competent
health practitioner of that kind;
(b) professional performance which is of a
lesser standard than that which the
registered health practitioner's peers
20
might reasonably expect of a registered
health practitioner;
(c) infamous conduct in a professional
respect;
(d) providing a person with health services
25
of a kind that are excessive,
unnecessary or not reasonably required
for that person's well-being;
(e) influencing or attempting to influence
the provision of health services in such
30
a way that client care may be
compromised;
(f) a contravention of section 94 or the
guidelines issued under section 95;
9
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s. 3
(g) the failure to act as a health practitioner
when required under an Act or
regulations to do so;
(h) a finding of guilt of--
(i) an offence where the health
5
practitioner's suitability to
continue to practise is likely to be
affected because of the finding of
guilt or where it is not in the
public interest to allow the health
10
practitioner to continue to practise
because of the finding of guilt; or
(ii) an offence under this Act or the
regulations; or
(iii) an offence as a health practitioner
15
under any other Act or
regulations;
(i) the contravention of, or failure to
comply with a condition imposed on
the registration of the health
20
practitioner by or under this Act;
(j) in the case of a registered pharmacist, if
the pharmacist owns or has a
proprietary interest in a pharmacy
business approved under Part 6, failure
25
to comply with a condition of approval
of that pharmacy business;
(k) the breach of an agreement made under
this Act between a health practitioner
and the responsible board that
30
registered that practitioner.
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s. 3
(2) In this Act--
(a) a reference to general, specific, provisional
or interim registration is to be taken to
include a reference to that registration in a
particular division of the register kept by the
5
responsible board;
(b) a reference to a registered health practitioner
in relation to any matter or proceedings
referred to in Part 3 or 4, is to be taken to
include a reference to a person who has
10
ceased to be or is no longer a registered
health practitioner or whose registration has
been cancelled or is suspended.
(3) If under the Public Administration Act 2004 the
name of the Department of Human Services is
15
changed, the reference in the definition of
"Secretary" in sub-section (1) to that Department
must, from the date when the name is changed, be
treated as a reference to the Department by its new
name.
20
(4) For the purposes of this Act, a person is to be
treated as carrying on a business (including a
pharmacy business) or pharmacy department or
pharmacy depot if the person owns, manages,
controls, conducts or operates the business or the
25
pharmacy department or pharmacy depot.
__________________
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Part 2--Registration
s. 4
PART 2--REGISTRATION
Division 1--Requirements for Registration
4. Application for registration
(1) An application for registration as a health
practitioner may be made to the responsible board
5
that registers that kind of health practitioner.
(2) An application must--
(a) be in writing; and
(b) be accompanied by the fee fixed by the
responsible board; and
10
(c) be accompanied by the information referred
to in section 34; and
(d) be accompanied by evidence of the
qualifications and supervised practice which
the applicant claims entitle him or her to the
15
type of registration applied for; and
(e) contain any particulars that are prescribed.
(3) The responsible board may--
(a) require the applicant to provide further
information or material in respect of the
20
application that the board reasonably
requires; and
(b) require that the information in the
application be verified by a declaration under
section 107 of the Evidence Act 1958; and
25
(c) require proof of identity of the applicant; and
12
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(d) require the applicant to provide evidence that
the applicant will, at the time of commencing
to practise as a health practitioner, be
covered by professional indemnity insurance
that meets the minimum terms and
5
conditions set out in the guidelines of the
responsible board; and
(e) require the applicant to provide--
(i) an address from which the person will
practise as a health practitioner; and
10
(ii) a postal address where the person can
be contacted by mail.
5. Qualifications for general registration
(1) A person is qualified for general registration as a
health practitioner if the person has successfully
15
completed all or any of the following that are
required by the responsible board--
(a) a course of study approved by the
responsible board or a course of study that,
in the opinion of the responsible board, is
20
substantially equivalent, or is based on
similar competencies, to a course of study
approved by the responsible board;
(b) any period of supervised practice approved
by the responsible board or a period of
25
supervised practice that, in the opinion of the
responsible board, is substantially
equivalent, or is based on similar
competencies, to a period of supervised
practice approved by the responsible board;
30
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(c) any examination set by the responsible board
or a person or body nominated by the
responsible board for the purpose of
qualifying a person for registration as that
kind of health practitioner;
5
(d) any other prescribed requirements.
(2) The responsible board must have regard to any
general or specific directions of the Minister
before it approves or refuses to approve a course
of study or require a period of supervised practice
10
that qualifies a person for general registration as a
health practitioner.
(3) The responsible board must not, without the
written approval of the Minister, approve a course
of study or require a period of supervised practice
15
that qualifies a person for general registration as a
health practitioner if the board is satisfied that the
approval may have a substantive and adverse
impact on the recruitment or supply of health
practitioners to the workforce in the health
20
profession regulated by the board.
(4) The Minister may--
(a) grant approvals for the purposes of this
section; and
(b) give a responsible board general or specific
25
directions about approvals of courses of
study or requirements for supervised practice
if the Minister is of the opinion that the
approval or requirement will have a
substantive and adverse impact on the
30
recruitment or supply of health practitioners
to the workforce in the health profession
regulated by the board.
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s. 6
6. General registration
(1) A responsible board must grant general
registration as a health practitioner to an applicant
if--
(a) the applicant is qualified for registration
5
under section 5; and
(b) there are no grounds under sub-section (2)
under which the responsible board may
refuse to grant registration to the applicant;
and
10
(c) the circumstances are such that sections 7, 8,
9 and 11 do not apply; and
(d) the applicant has paid the fee determined by
the responsible board under section 4(2)(b).
(2) The responsible board may refuse to grant general
15
registration to an applicant on any one or more of
the following grounds--
(a) that the character of the applicant is such that
it would not be in the public interest to allow
the applicant to practise as a registered health
20
practitioner;
(b) that, in the opinion of the responsible board,
the applicant is unfit to practise as a health
practitioner because he or she is an alcoholic
or drug-dependent person which impairs his
25
or her ability to practise as a registered
health practitioner;
(c) that, in the opinion of the responsible board,
the applicant is unfit to be registered because
he or she has a physical or mental
30
impairment which impairs his or her ability
to practise as a health practitioner;
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(d) that the applicant has been found guilty of an
offence where the suitability of the applicant
to practise as a health practitioner is likely to
be affected because of the finding of guilt or
where it is not in the public interest to allow
5
the applicant to practise because of the
finding of guilt;
(e) that the applicant has previously been
registered under this Act or any
corresponding previous enactment regulating
10
that kind of practitioner and during the
course of that registration has had
proceedings under Part 3 or 4 of this Act or
similar proceedings under the previous
enactment brought against him or her and
15
those proceedings have never been finalised;
(f) that the applicant's competency in speaking
or communicating in English is not sufficient
for that person to practise as a health
practitioner;
20
(g) that the applicant has previously held a right
to practise as a health practitioner outside
Victoria, being the equivalent of registration
as that kind of health practitioner under this
Act, and that right has been cancelled or
25
suspended and not restored because of
conduct which, if committed within Victoria
would entitle the responsible board or VCAT
to suspend or cancel the registration;
(h) that, in the opinion of the responsible board,
30
the health practitioner does not have
adequate arrangements for professional
indemnity insurance that meet the minimum
terms and conditions set out in the guidelines
of the responsible board;
35
(i) that the applicant is disqualified from
applying for registration under this Act.
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(3) A grant of registration under this section is subject
to any condition that the responsible board thinks
fit including conditions as to professional
indemnity insurance.
(4) The responsible board may, upon application by
5
the registered health practitioner or with the
agreement of the registered health practitioner,
amend, vary or revoke any condition imposed on
the registration under this Part.
7. Specific registration
10
(1) The responsible board may grant specific
registration as a health practitioner to an applicant
who has completed a course of study and any
supervised practice in the health profession
regulated by that board that does not qualify that
15
applicant for general registration--
(a) to enable that applicant to fill a teaching or
research position approved by the
responsible board in the health profession
regulated by that board;
20
(b) to enable an applicant from another country
to practise as a health practitioner in Victoria
if that applicant, with the prior permission of
the responsible board--
(i) has exchanged practice with a
25
registered health practitioner for a
limited period; or
(ii) has been engaged to provide locum
services for a registered health
practitioner in Victoria;
30
(c) if the responsible board is satisfied that, in
order to meet an identified need for a health
practitioner, it is necessary for a person
having qualifications and training in the
nature of the applicant's to practise as a
35
health practitioner in Victoria;
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(d) if the responsible board is satisfied that
provisional registration or registration as a
student is not appropriate in the
circumstances--
(i) to enable that applicant to undertake
5
supervised practice or training; or
(ii) to enable an applicant who is a
candidate for an examination that is a
qualification for general registration to
undertake training for that examination;
10
(e) if the responsible board is satisfied that it is
in the public interest for a person having
qualifications and training in the nature of
the applicant's to practise as a health
practitioner in Victoria for a limited period
15
or to undertake limited practice;
(f) to enable an applicant to practise within a
health practitioner speciality recognised by
the board if the applicant holds--
(i) qualifications in the health profession
20
regulated by the board obtained outside
Australia that do not qualify the
applicant for general registration; and
(ii) specialist qualifications that are
recognised by the board.
25
(2) The Nurses Board of Victoria may also grant
specific registration as a nurse to an applicant who
is not qualified for general registration under
Division 1 of the register kept by the Board but
has completed a course of study and supervised
30
training in midwifery to enable that applicant to
practise midwifery and use the title midwife.
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(3) The responsible board may refuse to grant specific
registration to an applicant if--
(a) any of the grounds for refusal set out in
section 6(2) apply to the applicant; or
(b) having regard to the qualifications and
5
training of the applicant, it is not in the
public interest to register the applicant to
practise as a health practitioner.
(4) A grant of specific registration continues in force
for the period specified by the responsible board
10
not exceeding 12 months.
(5) A grant of specific registration is subject to any
condition that the responsible board thinks fit
including conditions as to professional indemnity
insurance.
15
(6) The responsible board may, upon application by
the registered health practitioner or with the
agreement of the registered health practitioner,
amend, vary or revoke any condition imposed on
the registration under this Part.
20
8. Registration as a student
(1) The responsible board may grant or refuse to grant
registration or renewal of registration as a student
to a person to enable that person to undertake or
complete any period of clinical training as part of
25
a course of study required under section 5(1)(a).
(2) A person may apply in writing to the responsible
board for registration or renewal of registration as
a student.
(3) The responsible board may require an applicant
30
for registration or renewal of registration as a
student to provide information or material in
respect of the application that the board
reasonably requires.
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(4) The registration of a person as a student granted or
renewed under this section--
(a) continues in force for the period specified by
the responsible board not exceeding 5 years;
and
5
(b) is subject to any condition imposed by the
responsible board.
(5) The responsible board may, upon application by a
registered student or with the agreement of the
registered student, amend, vary or revoke any
10
condition on the registration of the student.
(6) The responsible board must not impose a
condition on the registration of a student relating
to professional indemnity insurance.
(7) No fee is payable for registration or renewal of
15
registration of a student.
9. Provisional registration
(1) A responsible board may grant or refuse to grant
or renew provisional registration to a person to
enable that person to undertake or complete any
20
period of supervised practice required under
section 5(1)(b).
(2) The responsible board may refuse to grant or
renew provisional registration to an applicant if
any of the grounds for refusal set out in section
25
6(2) apply to the applicant.
(3) A grant or renewal of provisional registration is
subject to any condition that the responsible board
thinks fit including conditions as to professional
indemnity insurance.
30
(4) The provisional registration of a person continues
in force for the period specified by the responsible
board not exceeding 12 months.
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(5) The responsible board may, upon application by a
person provisionally registered under this section
or with the agreement of that person, amend, vary
or revoke any condition imposed on the
registration under this Part.
5
10. Interim registration
(1) An applicant for registration under section 6 or 9
may be granted interim registration--
(a) if the person is entitled to registration under
section 6 or 9 but it is not practicable to wait
10
until the responsible board can consider the
application; or
(b) if the person would be entitled to registration
under section 6 or 9 except that the applicant
has not received documentary evidence that
15
satisfies the responsible board of the
qualification relating to the course of study
referred to in section 5(1)(a) or supervised
practice referred to in section 5(1)(b).
(2) The registrar or a person authorised by the
20
responsible board for the purposes of this section
may grant interim registration to an applicant for
registration in accordance with this section.
(3) Interim registration may be granted subject to any
condition imposed by the registrar or a person
25
authorised by the responsible board for the
purposes of this section.
(4) Without limiting the registrar's or person's powers
under sub-section (3), he or she may impose a
condition--
30
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(a) that--
(i) the person must hold professional
indemnity insurance; or
(ii) the regulated health services provided
by the person must be covered by
5
professional indemnity insurance; or
(iii) the person must be specified or referred
to in professional indemnity insurance,
whether by name or otherwise, as a
person to whom the professional
10
indemnity insurance extends even
though the person is not a party to the
professional indemnity insurance; and
(b) that the professional indemnity insurance
must meet the minimum terms and
15
conditions set out in the guidelines of the
responsible board.
(5) If the applicant's arrangements satisfy the
minimum terms and conditions set out in the
guidelines of the responsible board, the registrar
20
or person authorised by the responsible board for
the purposes of this section must not--
(a) refuse to grant registration on the basis that
the person's arrangements for professional
indemnity insurance are in the form of
25
insurance or a discretionary indemnity; or
(b) impose a condition on the registration of a
person to require that the person's
arrangements for professional indemnity
insurance must be in the form of insurance or
30
a discretionary indemnity.
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(6) A person's interim registration comes into force on
the date it is granted under sub-section (1) and
continues for 12 months after that date or until any
earlier date on which the person is given notice
that--
5
(a) the responsible board has granted the person
registration under section 6 or 9; or
(b) the responsible board has refused to grant the
person registration under section 6 or 9; or
(c) the responsible board has cancelled the
10
interim registration.
(7) The responsible board may cancel a person's
interim registration if the responsible board is of
the opinion that the person is no longer entitled to
registration under section 6 or 9.
15
(8) If the responsible board cancels a person's interim
registration it must immediately give the person
notice of the cancellation and may notify the
person's employer.
(9) A person who is granted interim registration is for
20
all purposes to be treated as being a health
practitioner registered under section 6 or 9 (as the
case requires).
(10) The date on which a person is registered under
section 6 or 9 is (if the person was the holder of
25
interim registration immediately before the person
is registered) to be taken to be the date on which
interim registration was granted.
(11) Interim registration granted under this section by
the registrar or a person authorised by the
30
responsible board is to be taken to have been
granted by the responsible board.
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11. Non-practising registration
(1) A person who is entitled to or eligible for
registration under section 6 but who does not
intend to practise as a health practitioner or to
provide regulated health services of the type that
5
the person is qualified to provide under section 6
may apply to be registered as a non-practising
health practitioner.
(2) The responsible board may register a person as a
non-practising health practitioner subject to the
10
condition that the person is not to practise as a
health practitioner or to provide regulated health
services of the type that the person is qualified to
provide under section 6 during the period of
registration and any other condition imposed by
15
the responsible board.
(3) The responsible board must not impose a
condition on the registration of a non-practising
health practitioner under this section relating to
professional indemnity insurance.
20
12. Additional qualifications
(1) A responsible board, from time to time, may
recognise any qualification that the responsible
board considers to be relevant to the provision of
regulated health services in the health profession
25
the board regulates in addition to those required
for registration.
(2) An applicant for registration or a registered health
practitioner may apply to the responsible board to
have particulars of a qualification that is
30
recognised by the responsible board at the time of
the application noted on the register against the
name of that health practitioner.
(3) An application must be in writing and be
accompanied by the fee for the application fixed
35
by the responsible board together with evidence of
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the qualifications that the applicant wants to have
noted on the register kept by the board in addition
to those approved for registration purposes.
(4) The responsible board must--
(a) publish the list of the qualifications that are
5
currently recognised under this section at
least once a year in a publication circulating
among registered health practitioners
regulated by the board; and
(b) publish an up to date list of those
10
qualifications on any website kept by or on
behalf of the board on the Internet; and
(c) make the list available for inspection during
normal business hours at the office of the
responsible board without charge.
15
13. Professional indemnity insurance
(1) Without limiting a responsible board's powers
under this Part, it may impose a condition on the
grant or renewal of registration--
(a) that--
20
(i) the health practitioner must hold
professional indemnity insurance; or
(ii) the regulated health services provided
by the health practitioner must be
covered by professional indemnity
25
insurance; or
(iii) the health practitioner must be specified
or referred to in professional indemnity
insurance, whether by name or
otherwise, as a person to whom the
30
professional indemnity insurance
extends even though the health
practitioner is not a party to the
professional indemnity insurance; and
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(b) that the professional indemnity insurance
must meet the minimum terms and
conditions set out in the guidelines of the
responsible board.
(2) If the applicant's arrangements satisfy the
5
minimum terms and conditions set out in the
guidelines of the responsible board, the
responsible board must not--
(a) refuse to grant registration on the basis that
the health practitioner's arrangements for
10
professional indemnity insurance are in the
form of insurance or a discretionary
indemnity; or
(b) impose a condition on the registration of a
health practitioner to require that the health
15
practitioner's arrangements for professional
indemnity insurance must be in the form of
insurance or a discretionary indemnity.
14. Board's powers before deciding applications
(1) Before deciding an application for registration
20
under this Act, the responsible board--
(a) may investigate the applicant; and
(b) may, by notice given to the applicant, require
the applicant to attend before the board
within a reasonable time of at least 30 days
25
stated in the notice, and at a reasonable place
fixed by the board to answer any questions
of the board relating to the application; and
(c) may, by notice given to the applicant, require
the applicant to give the board, within a
30
reasonable time of at least 30 days stated in
the notice, further information or any
document the board reasonably requires to
decide the application; and
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(d) may, by notice given to the applicant, require
the applicant to undergo a written, oral or
practical examination within a reasonable
time of at least 30 days stated in the notice
and at a reasonable place; and
5
(e) may, by notice given to the applicant, require
the applicant to undergo a health assessment
by a registered health practitioner within a
reasonable time of at least 30 days stated in
the notice and at a reasonable place.
10
(2) The responsible board may require the
information or document mentioned in sub-
section (1)(c) to be verified by a statutory
declaration.
(3) The purpose of an examination under sub-
15
section (1)(d) must be to assess the applicant's
suitability to competently and safely practise in
the health profession for which registration is
sought.
(4) The purpose of an assessment under sub-
20
section (1)(e) must be to assess whether the
applicant's ability to practise is affected because of
their physical, mental or psychological capacity
having regard to the requirements of section
6(2)(b) and (c).
25
(5) The applicant is to be taken to have withdrawn the
application if, within the time stated in the notice,
the applicant--
(a) does not comply with a requirement under
sub-section (1)(b) or (c); or
30
(b) does not undergo an examination under sub-
section (1)(d); or
(c) does not undergo an assessment under sub-
section (1)(e).
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(6) The responsible board must give a notice under
sub-section (1)(b), (c), (d) or (e) to the applicant
within 30 days after the board receives the
application.
(7) A notice under sub-section (1)(e) must state--
5
(a) the reason for the assessment; and
(b) the name and qualifications of the person
appointed by the board to conduct the
assessment; and
(c) the place where, and the day and time at
10
which, the assessment is to be conducted.
15. Entitlement of applicant to make submissions
If a responsible board is proposing to refuse an
application for registration or renewal of
registration or for endorsement of registration or
15
renewal of endorsement or to impose conditions
on the registration or endorsement of registration
of an applicant, the responsible board must not do
so until--
(a) it has given the applicant notice of the
20
proposal; and
(b) it has given the applicant an opportunity to
make submissions to the responsible board
about the proposal.
16. Notification of outcome of application
25
(1) The responsible board must notify the applicant of
its decision within 28 days after determining an
application for registration or renewal of
registration or for endorsement of registration or
renewal of endorsement under this Part.
30
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(2) A notice under sub-section (1) must include the
following information--
(a) if the registration has been granted or
renewed--
(i) the type of registration granted or
5
renewed; and
(ii) whether or not any condition has been
imposed on the registration and, if so,
the reasons for imposing the condition;
and
10
(iii) a statement that the applicant has a
right to obtain a review of the decision
for imposing the condition;
(b) if the registration has not been granted or
renewed--
15
(i) the reasons why it has not been granted
or renewed; and
(ii) a statement that the applicant has a
right to obtain a review of the decision
not to grant or renew the registration;
20
(c) if the registration has been endorsed or the
endorsement renewed--
(i) details of the endorsement; and
(ii) whether or not any condition has been
imposed on the endorsement and, if so,
25
the reasons for imposing the condition;
and
(iii) a statement that the applicant has a
right to obtain a review of the decision
to impose the condition on the
30
endorsement;
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(d) if the endorsement or renewal of
endorsement of registration has been
refused--
(i) the reasons why it has been refused;
and
5
(ii) a statement that the applicant has a
right to obtain a review of the decision
to refuse to endorse or renew the
endorsement of the registration.
17. Period of registration
10
The registration or renewal of registration of a
health practitioner under section 6 or 11 continues
in force until the end of the financial year in
which the registration was granted or renewed or
for any other period fixed by the Board with the
15
approval of the Minister.
18. Renewal of registration
(1) An application for renewal of registration as a
health practitioner must be--
(a) made to the responsible board before the
20
existing registration expires; and
(b) accompanied by the information referred to
in section 34; and
(c) accompanied by the fee (if any) determined
by the responsible board.
25
(2) If an application for renewal relates to a
registration that is endorsed under Division 2 of
this Part, the applicant may include an application
to have the endorsement of registration renewed
for the period of registration.
30
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(3) The responsible board may require an applicant
to--
(a) provide evidence that the applicant will be
covered by professional indemnity insurance
that meets the minimum terms and
5
conditions set out in the guidelines of the
responsible board;
(b) provide information about--
(i) the main types of regulated health
services that the applicant has been
10
providing during the existing
registration period;
(ii) any continuing professional
development undertaken during the
existing registration period;
15
(iii) whether or not the applicant intends to
practise as a health practitioner during
the period for which the registration is
to be renewed;
(iv) if the applicant intends to practise as a
20
health practitioner during that period, a
description of the main kinds of
regulated health services that the
applicant intends to provide during that
period;
25
(c) provide--
(i) an address from which the health
practitioner will practise as a health
practitioner; and
(ii) a postal address where the health
30
practitioner can be contacted by mail.
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(4) An applicant for renewal of registration as a
health practitioner--
(a) under section 6 or 7 who has not provided
regulated health services in the health
profession regulated by the board for a
5
period exceeding 2 years before the
application for renewal; or
(b) who intends to change the type of regulated
health services he or she provides during the
period of registration--
10
must provide details of the person's training or
proposed training to ensure the person is
competent to provide those regulated health
services during the period of registration.
(5) A person may not apply for renewal of interim
15
registration.
(6) If a person does not apply for renewal of
registration before the end of the existing
registration period, the responsible board may
renew that person's registration if application is
20
made within 3 months after the end of the
registration period and if the applicant pays an
additional renewal fee determined by the
responsible board which must not be more than
50% of the original fee.
25
(7) For a period of 3 months after a person's
registration has expired without being renewed,
that person is to be deemed to be registered and if,
at the end of that period, that person has not
renewed his or her registration, the responsible
30
board must remove that person's name from the
register.
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(8) The responsible board may refuse to renew the
registration of an applicant on any ground on
which the responsible board might refuse to grant
the registration.
(9) If an application for renewal relates to a
5
registration that is endorsed under Division 2 of
this Part, the responsible board may refuse to
renew the endorsement of registration of the
applicant if the responsible board is satisfied that
the applicant is not, at the time of renewal,
10
qualified for that endorsement in accordance with
Division 2 of this Part.
19. Registration obtained by fraud
(1) The responsible board must refer a matter to
VCAT if the responsible board believes that--
15
(a) the registration or endorsement of
registration of a health practitioner has been
obtained by fraud or misrepresentation; or
(b) the registration of a student has been
obtained by fraud or misrepresentation; or
20
(c) the qualifications upon which the health
practitioner relied for registration or
endorsement of registration have been
withdrawn.
(2) The provisions applying to the conduct of a
25
Tribunal hearing under Division 1 of Part 4 apply
to a hearing by VCAT under this section.
(3) If, at the end of the proceeding, VCAT determines
that the registration of the health practitioner or
student has been obtained by fraud or
30
misrepresentation or that the qualifications upon
which the health practitioner has relied for
registration have been withdrawn, VCAT must
cancel the registration of the health practitioner or
student.
35
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(4) If, at the end of the proceeding, VCAT determines
that the endorsement of registration of the health
practitioner has been obtained by fraud or
misrepresentation or that the qualifications upon
which the health practitioner has relied for
5
endorsement of registration have been withdrawn,
VCAT must cancel the endorsement of
registration of the health practitioner and may
also, if appropriate, cancel the registration of the
health practitioner.
10
Division 2--Endorsement of Registration
20. Endorsement of registration for nurse practitioners
(1) If the Nurses Board of Victoria is satisfied that a
nurse registered under Division 1, 3 or 4 of the
register maintained by the Board is qualified to
15
use the title nurse practitioner, the Board may
endorse the registration of the nurse that he or she
is qualified to use the title nurse practitioner and
specify in the endorsement the category or
categories of nurse practitioner recognised by the
20
Board with respect to which the nurse practitioner
is qualified to use the title.
(2) If the Board is satisfied that a registered nurse
referred to in sub-section (1) is qualified to obtain
and have in his or her possession and to use, sell
25
or supply the Schedule 2, 3, 4 and 8 poisons
within the meaning of the Drugs, Poisons and
Controlled Substances Act 1981 that are
approved by the Minister under that Act with
respect to a category of nurse practitioner, the
30
Board may endorse the registration of the nurse
with that category of nurse practitioner and
specify in the endorsement the approved
Schedule 2, 3, 4 or 8 poisons that the nurse
practitioner is qualified to obtain and to have in
35
his or her possession and to use, sell or supply
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subject to that Act and the regulations under that
Act.
(3) An applicant for registration as a nurse under
Division 1, 3 or 4 of the register maintained by the
Board or a nurse registered under Division 1, 3
5
or 4 of the register may apply to the Board for an
endorsement under this section.
(4) The Board must ensure that, if any category of
nurse practitioner is recognised by the Board for
the purposes of endorsement of registration as a
10
nurse practitioner under sub-section (1), the
category of nurse practitioner is published in the
Government Gazette, on a website on the Internet
maintained by or on behalf of the Board and in
any relevant publication circulating among nurses
15
generally.
(5) The Board must not specify any Schedule 2, 3,
4 or 8 poison in an endorsement under sub-
section (2) for any category of nurse practitioner
unless the poison is, or is of a class or type of
20
poison, approved by the Minister for that category
under section 14A of the Drugs, Poisons and
Controlled Substances Act 1981 for the purposes
of this section.
21. Endorsement of registration--midwives
25
(1) If the Nurses Board of Victoria is satisfied that a
nurse registered under Division 1 of the register
maintained by the Board is qualified to practise
midwifery or take or use the title of midwife the
Board may endorse the registration of the nurse to
30
that effect.
(2) An applicant for registration as a nurse in
Division 1 of the register or a nurse registered in
Division 1 of the register may apply to the Board
for an endorsement under this section.
35
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22. Endorsement of registration of nurses--medication
(1) If the Nurses Board of Victoria is satisfied that a
nurse registered under Division 2 of the register
maintained by the Board is qualified in medication
administration, the Board may endorse the
5
registration of the nurse to that effect.
(2) An applicant for registration as a nurse under
Division 2 of the register or a nurse registered
under Division 2 of the register may apply to the
Board for an endorsement under this section.
10
23. Endorsement of registration of optometrists
(1) If the Optometrists Registration Board of Victoria
is satisfied that an optometrist is qualified to
obtain and to have in his or her possession and to
use, sell or supply the Schedule 2, 3 or 4 poisons
15
within the meaning of the Drugs, Poisons and
Controlled Substances Act 1981 that are
approved by the Minister under that Act, the
Board may endorse the registration of the
optometrist and specify in the endorsement the
20
approved Schedule 2, 3 or 4 poisons that the
optometrist is qualified to obtain and to have in
his or her possession and to use, sell or supply
subject to that Act and the regulations under that
Act.
25
(2) The Board must not specify any Schedule 2, 3 or 4
poison in an endorsement unless the poison is, or
is of a class or type of poison, approved by the
Minister under section 14A of the Drugs, Poisons
and Controlled Substances Act 1981 for the
30
purposes of this section.
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24. Endorsement of registration of podiatrists
(1) If the Podiatrists Registration Board of Victoria is
satisfied that a podiatrist is qualified to obtain and
to have in his or her possession and to use, sell or
supply certain Schedule 2, 3 or 4 poisons within
5
the meaning of the Drugs, Poisons and
Controlled Substances Act 1981, the Board may
endorse the registration of the podiatrist and
specify in the endorsement the Schedule 2, 3 or 4
poisons that the podiatrist is qualified to obtain
10
and to have in his or her possession and to use,
sell or supply.
(2) The Board must not specify any Schedule 2, 3 or 4
poison in an endorsement unless the poison is, or
is of a class or type of poison, approved by the
15
Minister under section 14A of the Drugs, Poisons
and Controlled Substances Act 1981 for the
purposes of this section.
25. Endorsement of registration of Chinese medicine
practitioners
20
(1) If the Chinese Medicine Registration Board of
Victoria is satisfied that a person registered under
this Act as a Chinese herbal medicine practitioner
is qualified to obtain and to have in his or her
possession and to use, sell or supply Schedule 1
25
poisons within the meaning of the Drugs, Poisons
and Controlled Substances Act 1981, the Board
may endorse the registration and specify in the
endorsement the Schedule 1 poisons that the
practitioner is qualified to obtain and to have in
30
his or her possession and to use, sell or supply.
(2) If the Chinese Medicine Registration Board of
Victoria is satisfied that a Chinese herbal
dispenser is qualified to obtain and to have in his
or her possession and to use, sell or supply but not
35
prescribe Schedule 1 poisons within the meaning
of the Drugs, Poisons and Controlled
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Substances Act 1981, the Board may endorse the
registration of the Chinese herbal dispenser and
specify in the endorsement the Schedule 1 poisons
that the Chinese herbal dispenser is qualified to
obtain and to have in his or her possession and to
5
use, sell or supply but not prescribe.
(3) The Board may impose a condition on an
endorsement under this section relating to the
form or state of the poison or whether the poison
is manufactured or packaged or not.
10
(4) The Board must not specify any Schedule 1
poison in an endorsement unless the poison is, or
is of a class or type of poison, approved by the
Minister under section 14A of the Drugs, Poisons
and Controlled Substances Act 1981 for the
15
purposes of this section.
26. Endorsement of registration of pharmacists
(1) If the Pharmacy Board of Victoria is satisfied that
a pharmacist is qualified to obtain and have in his
or her possession and to use, sell or supply but not
20
to prescribe Schedule 1 poisons within the
meaning of the Drugs, Poisons and Controlled
Substances Act 1981 the Board may endorse the
registration of the pharmacist and specify in the
endorsement the Schedule 1 poisons that the
25
pharmacist is qualified to obtain and have in his or
her possession and to use, sell or supply but not to
prescribe.
(2) The Board may impose a condition on an
endorsement under this section relating to the
30
form or state of the Schedule 1 poison or whether
the poison is manufactured or packaged or not.
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27. Endorsement of registration for specialist
practitioners
(1) If a responsible board is satisfied that a health
practitioner--
(a) has satisfactorily completed a post-graduate
5
qualification in a branch of health practice
approved by the Minister; and
(b) has practised in, or is currently practising in,
that branch of health practice--
the board may endorse the registration of the
10
health practitioner to the effect that the health
practitioner is qualified to practise as a specialist
practitioner in the branch of health practice that is
specified by the board in the endorsement.
(2) In this section, "responsible board" means--
15
(a) the Dental Practice Board of Victoria; or
(b) the Medical Practitioners Board of Victoria.
28. Endorsement of registration of health practitioners
for acupuncture
(1) If a responsible board is satisfied that a health
20
practitioner regulated by that board is qualified in
the practice of acupuncture, the board may
endorse the registration of the health practitioner
to the effect that the health practitioner is qualified
to practise acupuncture and to be exempt with
25
respect to the practice of acupuncture and use of
the title acupuncturist from section 80(2).
(2) The responsible board must notify the Chinese
Medicine Registration Board of Victoria, within
30 days after endorsing the registration of a health
30
practitioner under this section or the cancellation
of that endorsement of registration of a health
practitioner, of--
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(a) the name and address of the health
practitioner;
(b) details of the endorsement of registration;
(c) the date of the endorsement of the
registration;
5
(d) any condition imposed on the endorsement
of the registration;
(e) any cancellation of the endorsement of
registration.
(3) In this section, "responsible board" means--
10
(a) the Chiropractors Registration Board of
Victoria; or
(b) the Dental Practice Board of Victoria; or
(c) the Medical Practitioners Board of Victoria;
or
15
(d) the Nurses Board of Victoria; or
(e) the Optometrists Registration Board of
Victoria; or
(f) the Osteopaths Registration Board of
Victoria; or
20
(g) the Physiotherapists Registration Board of
Victoria.
29. Endorsements generally
(1) Except as specifically provided in this Division,
an applicant for registration as a health
25
practitioner (except an applicant for non-
practising registration) or a registered health
practitioner (except a non-practising practitioner)
may apply to the responsible board for an
endorsement under this Division.
30
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(2) An application for endorsement under this
Division must be--
(a) in writing in the form approved by the
responsible board and accompanied by
evidence of the qualifications or training
5
which the applicant claims qualify him or her
for the endorsement applied for; and
(b) accompanied by the fee determined by the
responsible board.
(3) A responsible board may require--
10
(a) the applicant to provide further information
or material in respect of the application that
the board reasonably requires; and
(b) that the information in the application be
verified by a declaration under section 107 of
15
the Evidence Act 1958.
(4) A responsible board may endorse the registration
of a health practitioner under this Division if the
board is satisfied that the health practitioner has
successfully completed all or any of the following
20
that are required by the board for that
endorsement of registration--
(a) a course of study approved by the
responsible board or a course of study that,
in the opinion of the responsible board, is
25
substantially equivalent, or is based on
similar competencies, to a course of study
approved by the responsible board;
(b) any period of supervised practice required by
the responsible board or a period of
30
supervised practice that, in the opinion of the
responsible board, is substantially
equivalent, or is based on similar
competencies, to a period of supervised
practice required by the responsible board;
35
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(c) any examination set by the responsible board
or a person or body nominated by the
responsible board for the purpose of
qualifying a person for that kind of
endorsement of registration.
5
(5) A responsible board may refuse to endorse the
registration of a health practitioner under this
Division if the board is not satisfied that the health
practitioner has completed all the requirements of
the board.
10
(6) Without limiting the particular powers of the
responsible board to impose conditions on an
endorsement under this Division, a responsible
board may impose any condition on an
endorsement under this Division.
15
(7) The endorsement of the registration of the health
practitioner under this Division continues in force
for the period that the registration is in force.
Division 3--Other Requirements
30. Register of health practitioners
20
(1) A responsible board must keep a register of all
health practitioners to whom the responsible board
has granted registration under this Act.
(2) The following particulars must be included on the
register against the name of the health practitioner
25
to whom they apply--
(a) the registration number;
(b) a description of the registration granted;
(c) the division of the register (if any) that the
health practitioner is registered in;
30
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(d) the principal academic qualifications and
training that was completed for registration
including the name of the person or body
that awarded the qualification or provided
the training and the year the qualification
5
was awarded;
(e) the year the health practitioner was first
registered by the board under this Act or any
corresponding previous enactment;
(f) any current endorsement of registration
10
referred to in Division 2 of this Part;
(g) any current condition imposed on the
registration or endorsement of registration;
(h) an address from which the health practitioner
provides regulated health services or a postal
15
address for the practitioner;
(i) any qualification to be noted on the register
under section 12.
(3) A responsible board must also record and
maintain on a separate part of the register
20
particulars of any health practitioner whose
registration is currently cancelled or suspended.
(4) Despite sub-section (2)(g), a responsible board
must omit from the register particulars of any
condition imposed on the registration of a health
25
practitioner as the result of an agreement with the
board about ill health or impairment or an
investigation or hearing into the ill health or
impairment of the health practitioner unless the
responsible board is of the opinion that it is in the
30
interests of clients of the health practitioner's
services or the public to know the particulars of
the condition.
(5) A responsible board may publish the register on a
website maintained by or in the name of the
35
responsible board on the Internet.
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(6) The register may be inspected at the office of the
responsible board by any person during ordinary
office hours without charge.
(7) A person may obtain a copy of or an extract from
the register on payment of the fee determined by
5
the responsible board.
(8) A responsible board must not provide a copy of
the register to any person unless satisfied that it is
in the public interest to do so.
(9) A health practitioner's private address must not
10
appear on that part of the register which is
published or open to the public for inspection,
unless the private address is also the address
nominated by the health practitioner for
publication under sub-section (2)(h).
15
31. Certificates
(1) Upon--
(a) granting registration to a health practitioner
or student under this Part; or
(b) endorsing the registration of a health
20
practitioner under this Part; or
(c) renewing the registration of a health
practitioner or student under this Part--
the responsible board must issue a certificate of
registration to that health practitioner or student.
25
(2) The following particulars must be included on a
certificate of registration--
(a) the type of registration granted;
(b) the date the registration was granted;
(c) the division of the register (if any) that the
30
health practitioner is registered in;
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(d) any current endorsement referred to in
Division 2 of this Part;
(e) any condition imposed on the registration or
endorsement of registration;
(f) any qualification noted on the health
5
practitioner's registration under section 12;
(g) any prescribed information.
(3) If the registration of a health practitioner or
student has been suspended or cancelled, the
health practitioner or student must return his or
10
her current certificate of registration to the
responsible board within 14 days after being
requested to do so by the responsible board.
Penalty: 20 penalty units.
(4) If the endorsement of a health practitioner's
15
registration has been suspended or cancelled, the
health practitioner must return his or her current
certificate of registration to the responsible board
within 14 days after being requested to do so by
the responsible board.
20
Penalty: 20 penalty units.
(5) If the responsible board notifies a health
practitioner or student of any condition it has
imposed on the registration or endorsement of
registration of the health practitioner or the
25
registration of the student, the health practitioner
or student must return the current certificate of
registration to the responsible board within
14 days after the notification.
Penalty: 20 penalty units.
30
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32. Use of certificate as evidence
A certificate purporting to be signed by the
President or any two members of a responsible
board certifying--
(a) any matter relating to the contents of the
5
register kept by the responsible board as at
that date; or
(b) that any disciplinary or other action is or is
not or was or was not, at any specified date,
being taken by the responsible board against
10
a health practitioner or student registered by
the responsible board under this Act--
is evidence, and, in the absence of evidence to the
contrary, is proof of the matters stated in it.
33. Requirement to notify changes of address
15
(1) A registered health practitioner must notify the
responsible board of the following changes of
address within 14 days after that change--
(a) a change of postal address;
(b) a change of the address recorded on the
20
register.
Penalty: 10 penalty units.
(2) A registered student who changes his or her postal
address must notify the responsible board of the
change within 14 days after that change.
25
Penalty: 10 penalty units.
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34. Provision of information
(1) If a person has claimed damages or other
compensation from a registered health practitioner
for alleged negligence in the course of providing
regulated health services, the health practitioner
5
must provide the responsible board with
information about the amount of damages or other
compensation the health practitioner is ordered by
a court to pay within 30 days after the order is
made.
10
Penalty: 20 penalty units.
(2) Sub-section (1) does not apply if--
(a) the amount is less than the amount fixed by
the responsible board for the purposes of this
section; or
15
(b) the court orders that the terms of the order
should not be disclosed.
(3) If a registered health practitioner or a registered
student has in respect of an indictable offence--
(a) been committed for trial; or
20
(b) been convicted or found guilty of the
offence--
he or she must notify the responsible board within
30 days after that committal for trial, conviction or
finding of guilt.
25
Penalty: 20 penalty units.
(4) A registered health practitioner (other than a non-
practising health practitioner) who has not
provided regulated health services for a period of
more than 2 years or who intends to change the
30
type of regulated health services he or she
provides during the period of registration must, as
soon as is practicable--
(a) notify the responsible board; and
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(b) provide details of the person's training or
proposed training to ensure they are
competent to provide those regulated health
services during the period of registration.
Penalty: 20 penalty units.
5
(5) An applicant for registration or renewal of
registration as a health practitioner or student
must--
(a) ensure that details of any of the matters
required to be notified by sub-section (1), (3)
10
or (4) are set out in the application; and
(b) provide any information required by the
responsible board to provide workforce
information to the Minister under
section 160.
15
(6) The responsible board may fix an amount of
damages or compensation referred to in this
section by notice published in the Government
Gazette and on any website maintained by or in
the name of the responsible board on the Internet.
20
35. Effect of suspension of registration
For the purposes of this Act, a health practitioner
or student whose registration is suspended is to be
treated as not being registered for the period of
that suspension.
25
__________________
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PART 3--INVESTIGATIONS AND PANEL HEARINGS
Division 1--General Provisions
36. Reporting of ill-health of health practitioners
If a registered medical practitioner--
(a) is treating a person whom he or she believes
5
to be a registered health practitioner or a
registered student; and
(b) forms the opinion that the person is suffering
from an illness or condition which--
(i) has seriously impaired or may seriously
10
impair that person's ability to practise
as a registered health practitioner or
that student's ability to undertake
clinical training; and
(ii) may result in the public being put at
15
risk--
the medical practitioner must so notify the board
responsible for the registration of the health
practitioner or the student.
37. Immunity of health practitioners
20
(1) A medical practitioner is not subject to any civil
or criminal liability for making a report under
section 36, if the report is made in good faith.
(2) A registered health practitioner in a working or
treating relationship with another registered health
25
practitioner or a registered student is not subject to
any civil liability for reporting to the responsible
board that he or she believes that the other
registered health practitioner or the student to be
incapacitated, if the report is made in good faith.
30
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38. Request for conditions or suspension
(1) A registered health practitioner who believes
that--
(a) his or her ability to practise as a health
practitioner is affected because--
5
(i) of his or her physical or mental health;
or
(ii) he or she has an incapacity; or
(iii) he or she is an alcoholic or drug-
dependent person; or
10
(b) he or she has engaged in unprofessional
conduct or professional misconduct; or
(c) his or her professional performance is
unsatisfactory--
may ask the responsible board to suspend his or
15
her registration or endorsement of registration or
to impose a condition on the registration or
endorsement of registration.
(2) A student who believes that his or her ability to
undertake clinical training is affected because--
20
(a) of his or her physical or mental health; or
(b) he or she has an incapacity; or
(c) he or she is an alcoholic or drug-dependent
person--
may ask the responsible board to suspend his or
25
her registration or to impose a condition on the
registration.
(3) If the responsible board and the health practitioner
or student agree upon the condition to be imposed,
the responsible board may impose it.
30
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(4) If the responsible board and the health practitioner
or student do not agree upon the condition to be
imposed, the responsible board must refer the
matter to an investigation under Division 2 of this
Part.
5
39. Cancellation by agreement
(1) A registered health practitioner or student may, on
surrender of their certificate of registration, ask
the responsible board to cancel his or her
registration or endorsement of registration.
10
(2) A responsible board may at the request of a health
practitioner or student--
(a) cancel the registration or endorsement of
registration of the health practitioner; or
(b) cancel the registration of the student.
15
40. Suspension of registration at any time
(1) A responsible board may, at any time, suspend the
registration of a health practitioner if the
responsible board is of the opinion that it is
necessary to do so because there is a serious risk
20
that the health and safety of the public will be
endangered because the responsible board
believes that--
(a) the health practitioner's ability to practise as
a health practitioner is affected for any of the
25
reasons set out in section 38(1)(a); or
(b) the health practitioner's professional
performance is unsatisfactory; or
(c) the health practitioner has engaged in
unprofessional conduct or professional
30
misconduct.
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(2) A responsible board may, at any time, suspend the
registration of a student if the responsible board is
of the opinion that it is necessary to do so because
there is a serious risk that the health and safety of
the public will be endangered because the
5
responsible board believes that the student's
ability to undertake clinical training as part of his
or her course of study or supervised training is
affected for any of the reasons set out in
section 38(2).
10
(3) If a responsible board has suspended the
registration of a health practitioner or student, the
registration is suspended until--
(a) any investigation or any hearing into the
matter is completed and the responsible
15
board is of the opinion that there is no
serious risk that the health and safety of the
public will be endangered as a result of the
health practitioner practising as a health
practitioner or the student undertaking
20
clinical training; or
(b) the suspension is otherwise revoked.
(4) If the responsible board has suspended the
registration of a health practitioner or student, it
must--
25
(a) immediately notify the following of that
suspension--
(i) the health practitioner or student; and
(ii) the employer of the health practitioner;
and
30
(iii) in the case of a student, the person
providing the course of study in which
the student is enrolled and any person
providing supervised training to the
student; and
35
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(b) ensure that the matter is investigated or heard
as soon as possible after that suspension.
(5) In place of suspending the registration of a health
practitioner or a student under this section, the
responsible board may seek and accept an
5
agreement in writing from the health practitioner
to alter the way in which he or she practises as a
health practitioner or the student to alter the way
in which he or she undertakes clinical training.
(6) For the purposes of this Act, a health practitioner
10
or student whose registration is suspended is to be
treated as not being registered for the period of
that suspension.
41. Agreements to amend, vary or revoke conditions or
revoke suspensions
15
(1) A responsible board may, if the registered health
practitioner or student so agrees--
(a) amend, vary or revoke any condition
imposed on the health practitioner's or
student's registration by the responsible
20
board without a panel hearing or a Tribunal
hearing; or
(b) revoke a suspension of the health
practitioner's or student's registration and
impose a condition on the registration; or
25
(c) revoke a suspension of the health
practitioner's registration if the health
practitioner satisfies the responsible board
that his or her ability or suitability to practise
as a health practitioner is no longer affected;
30
or
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(d) revoke a suspension of the student's
registration if the student satisfies the
responsible board that his or her ability to
undertake clinical training as part of his or
her course of study or supervised training is
5
no longer affected.
(2) If the responsible board and the registered health
practitioner or registered student fail to agree
under sub-section (1), the responsible board may
refer the matter to a panel hearing or Tribunal
10
hearing.
Division 2--Notification and Commencement of
Investigations
42. Notifications about health practitioners and
students
15
(1) A person may notify a responsible board about
any matter relating to a registered health
practitioner if the person believes it indicates
that--
(a) the health practitioner's ability to practise as
20
a health practitioner may be affected
because--
(i) of the physical or mental health of the
health practitioner; or
(ii) the health practitioner has an
25
incapacity; or
(iii) the health practitioner is an alcoholic or
drug-dependent person; or
(b) the health practitioner may have engaged in
unprofessional conduct; or
30
(c) the health practitioner may have engaged in
professional misconduct; or
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(d) the professional performance of the health
practitioner may be unsatisfactory; or
(e) the health practitioner is not of good
character.
(2) A person may notify the responsible board about
5
any matter relating to a registered student if the
person believes it indicates that the student's
ability or suitability to undertake clinical training
may be affected because--
(a) of the physical or mental health of the
10
student; or
(b) the student has an incapacity; or
(c) the student is an alcoholic or drug-dependent
person; or
(d) the student has been charged with an
15
indictable offence or been convicted or
found guilty of such an offence.
(3) A person may notify the responsible board about
the professional conduct of a person who was a
registered health practitioner but has ceased to be
20
or is no longer a registered health practitioner or
whose registration has been cancelled or is
suspended if the notification relates to a matter
arising at a time when that other person was a
registered health practitioner.
25
43. When notifications are to be dealt with by the
Health Services Commissioner as complaints
(1) If a responsible board receives a notification about
a registered health practitioner or a person who
was a registered health practitioner referred to in
30
section 42(3), and the notification is about a
matter that--
(a) is set out in section 16 of the Health
Services (Conciliation and Review) Act
1987; or
35
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(b) may be the subject of a complaint under the
Health Records Act 2001--
the responsible board must notify the Health
Services Commissioner and give a copy of the
notification to the Health Services Commissioner
5
as soon as practicable after it has received the
notification.
(2) The responsible board, in consultation with the
Health Services Commissioner, must determine
whether or not the notification is to be dealt with
10
by the Commissioner or the responsible board.
(3) The Health Services (Conciliation and Review)
Act 1987 applies to a notification made under this
Part which is to be dealt with by the Health
Services Commissioner under that Act as if the
15
notification were a complaint made under
section 16 of that Act.
(4) The Health Records Act 2001 applies to a
notification made under this Part which is to be
dealt with by the Health Services Commissioner
20
under that Act as if the notification were a
complaint made under section 45(1) of that Act.
(5) The responsible board must not deal further with a
notification made under this Part that is to be dealt
with by the Health Services Commissioner unless
25
the Health Services Commissioner refers the
matter back to the responsible board under section
19(6) of the Health Services (Conciliation and
Review) Act 1987 or section 52 of the Health
Records Act 2001.
30
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(6) If a notification has been referred to and is being
dealt with by the Health Services Commissioner,
the Commissioner must advise the responsible
board, when the matter is completed, of the
outcome of the matter.
5
(7) This section does not apply in relation to a request
made by a health practitioner about his or her
ability to practise under section 38(1)(a).
44. Responsible board may deal with a health records
complaint as a notification
10
(1) A responsible board--
(a) may accept a complaint, or part of a
complaint, relating to a registered health
practitioner that the Health Services
Commissioner proposes to refer to the
15
responsible board under section 52 of the
Health Records Act 2001; and
(b) must treat a complaint, or part of a
complaint, referred to it under section 52 of
the Health Records Act 2001 as if it were a
20
notification made under this Act.
(2) If a complaint has been referred to a responsible
board by the Health Services Commissioner under
section 52 of the Health Records Act 2001, the
responsible board must advise the Health Services
25
Commissioner of the progress of the matter, when
required by the Health Services Commissioner to
do so, and, when the matter is completed, of the
outcome of the matter.
(3) Advice under sub-section (2) must include any
30
information that the Health Services
Commissioner specifies by written notice to the
responsible board.
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45. Commencement of investigations
(1) The responsible board must investigate a
notification made under section 42 unless--
(a) the notification is to be dealt with by the
Health Services Commissioner under
5
section 43; or
(b) the responsible board has determined the
notification to be frivolous, vexatious,
misconceived or lacking in substance; or
(c) the responsible board has determined the
10
notification does not warrant investigation;
or
(d) the health practitioner or student is no longer
registered by the responsible board.
(2) A responsible board may investigate a matter
15
relating to a registered student if the responsible
board believes that the ability or suitability of a
student to undertake clinical training as part of his
or her course of study may be affected because of
any of the matters set out in section 42(2).
20
(3) A responsible board, with or without a
notification, may appoint in writing any person or
persons to conduct an investigation into a matter
and delegate to the person or persons its power to
conduct an investigation, other than its power to
25
make determinations upon an investigation.
46. Power to proceed without investigation
A responsible board may exercise any of its
powers under this Part to refer a matter to a health
panel, a professional standards panel or VCAT for
30
hearing and determination with or without
conducting an investigation.
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47. Investigations without notification
(1) A responsible board may investigate a matter
relating to a health practitioner without a
notification if the responsible board believes that
there is evidence of any of the matters referred to
5
in section 42(1).
(2) A responsible board may investigate a matter
relating to a student without a notification if the
responsible board believes that there is evidence
of any of the matters referred to in section 42(2).
10
(3) A responsible board may investigate a matter
relating to a health practitioner or student even
though a notification about the matter has been
withdrawn.
48. Notice of investigation
15
(1) An investigator appointed to investigate a matter
referred to in section 42 or 47 must give notice of
the investigation to the health practitioner or
student.
(2) A notice under sub-section (1) must--
20
(a) be in writing; and
(b) be sent by post within 14 days after the
responsible board's decision to conduct an
investigation has been made; and
(c) advise the health practitioner or student of
25
the nature of the matter to be investigated;
and
(d) advise the health practitioner or student of
the procedures that can be taken under this
Part and Part 4.
30
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(3) A notice under sub-section (1) may also--
(a) in the case of an investigation into the ability
of the health practitioner to practise as a
health practitioner or of a student to
undertake clinical training, ask the health
5
practitioner or student to advise the
responsible board as to whether or not he or
she will agree to undergo a health assessment
to assess his or her ability within 28 days
after receiving the notice; and
10
(b) in the case of an investigation into the
professional performance of the health
practitioner, ask the health practitioner to
advise the responsible board as to whether or
not he or she will agree to undergo a
15
performance assessment within 28 days after
receiving the notice.
(4) Sub-section (1) does not apply if the investigator
is of the opinion that giving the notice may
prejudice an investigation or place the health or
20
safety of a person at risk or place the notifier or
another person at risk of intimidation or
harassment.
49. Powers of investigator
An investigator may--
25
(a) by written notice to a person, require the
person--
(i) to give stated information to the
investigator within a stated reasonable
time and in a stated reasonable way; or
30
(ii) to attend before the investigator at a
stated reasonable time and place to
answer questions or to produce a stated
thing; and
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(b) ask the health practitioner or student to
undergo a health assessment or performance
assessment within 28 days after receiving the
notice; and
(c) conduct the investigation in the manner
5
determined by the investigator.
50. Investigation to be conducted expeditiously
(1) An investigation under this Division must be
conducted as quickly as practicable having regard
to the nature of the matter being investigated.
10
(2) Until an investigation is completed and a decision
is made under section 59, the responsible board
must report progress to any notifier at intervals of
not more than 3 months and may report progress
to the health practitioner or student being
15
investigated.
(3) If a matter has been referred to an investigator to
investigate, that investigator must give the
responsible board any information the responsible
board reasonably requires to enable the
20
responsible board to comply with sub-section (2).
Division 3--Health Assessments
51. Health assessments
(1) If a registered health practitioner or student agrees
to undergo a health assessment, the health
25
practitioner or student must be assessed by a
registered health practitioner who is agreed upon
by the responsible board and the health
practitioner or student.
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(2) If the responsible board and the health practitioner
or student are unable to agree upon a registered
health practitioner to conduct the assessment, the
Secretary must appoint a registered health
practitioner to perform the assessment.
5
(3) The responsible board must pay for the
assessment.
52. Report of health assessment
(1) The assessing health practitioner must give a
report of his or her assessment to the investigator.
10
(2) The investigator must--
(a) give a copy of the report to the health
practitioner or student within 7 days after
receiving the report unless sub-section (3)
applies; and
15
(b) discuss the report with the health practitioner
or student, and, in the case of an adverse
finding in the report, the possible ways of
dealing with that finding.
(3) If the report contains information of a medical or
20
psychiatric nature concerning the health
practitioner or student, and it appears to the
investigator that the disclosure of that information
to the health practitioner or student might be
prejudicial to the physical or mental health or
25
well-being of the health practitioner or student,
the investigator may decide not to give that
information to the health practitioner or student
but to give it instead to a registered medical
practitioner and a registered health practitioner
30
nominated by that health practitioner or that
student.
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(4) Before acting under sub-section (3), the
investigator must report to the responsible board
and, if the investigator is not a health practitioner
and the responsible board is of the opinion that it
is necessary for the investigation of the matter to
5
be continued by a health practitioner, the
responsible board may appoint a health
practitioner as an investigator to continue the
investigation.
53. Refusal to attend or co-operate
10
(1) If a registered health practitioner or a registered
student who is the subject of an investigation
under this Part--
(a) does not agree to undergo a health
assessment; or
15
(b) does not abide by an agreement to undergo a
health assessment--
the investigator must report on the matter to the
responsible board together with any
recommendations of the investigator to the board.
20
(2) After receiving a report from the investigator
under sub-section (1), the responsible board may
refer the matter to a hearing by a health panel or to
VCAT for a Tribunal hearing.
54. Health assessments required by a panel
25
(1) If a panel established under this Act requires a
health practitioner or student to undergo a health
assessment, the health practitioner or student must
be assessed by a registered health practitioner who
is appointed by the panel.
30
(2) The responsible board must pay for the
assessment.
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(3) The assessing health practitioner must give a
report of his or her assessment to the panel.
(4) The panel may discuss the report with the health
practitioner or student, and, in the case of an
adverse finding in the report, the possible ways of
5
dealing with that finding.
Division 4--Performance Assessments
55. Performance assessment
(1) If a registered health practitioner agrees to
undergo a performance assessment, the health
10
practitioner's performance must be assessed by
one or two registered health practitioners (the
number of which is to be determined by the
responsible board) who are not members of the
responsible board and who are agreed upon by the
15
responsible board and the health practitioner
whose performance is to be assessed.
(2) If the responsible board and the health practitioner
whose performance is to be assessed are unable to
agree upon any health practitioner or practitioners
20
to conduct the assessment, the Secretary must
appoint one or two registered health practitioners
(the number of which is to be determined by the
responsible board) to perform the assessment.
(3) The responsible board must pay for the
25
assessment.
56. Report of performance assessment
(1) The assessing health practitioner or health
practitioners must give a report of the assessment
to the investigator and, not more than 7 days later,
30
to the health practitioner being investigated.
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(2) The investigator must discuss the report with the
health practitioner being investigated and, in the
case of an adverse finding in the report, the
possible ways of dealing with that finding,
including whether the health practitioner is
5
prepared to alter the way in which he or she
practises as a health practitioner.
57. Refusal to attend or co-operate
(1) If a registered health practitioner who is the
subject of an investigation under this Part--
10
(a) does not agree to undergo a performance
assessment; or
(b) does not abide by an agreement to undergo a
performance assessment--
the investigator must report on the matter to the
15
responsible board together with any
recommendations of the investigator to the board.
(2) After receiving a report from the investigator
under sub-section (1), the responsible board may
refer the matter to a hearing by a professional
20
standards panel or to VCAT for a Tribunal
hearing.
58. Performance assessments required by a panel
(1) If a panel established under this Act requires a
health practitioner to undergo a performance
25
assessment, the health practitioner must be
assessed by one or two registered health
practitioners who are appointed by the panel.
(2) The responsible board must pay for the
assessment.
30
(3) An assessing health practitioner must give a report
of his or her assessment to the panel.
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(4) The panel may discuss the report with the health
practitioner and, in the case of an adverse finding
in the report, the possible ways of dealing with
that finding.
Division 5--Powers after Investigation
5
59. Powers of board after investigation completed
(1) After an investigation is completed under this
Part, the investigator must report on the
investigation to the responsible board together
with any recommendations of the investigator to
10
the board.
(2) After an investigation is completed under this
Division and the investigator has made a report to
the board, the responsible board may--
(a) refer the matter or part of the matter to the
15
Health Services Commissioner;
(b) arrange to have the matter or part of the
matter settled by agreement between the
board and the health practitioner or student
and any notifier;
20
(c) arrange to have the matter settled by
agreement between the board and the health
practitioner or student;
(d) by agreement with the health practitioner or
student and on surrender of their registration,
25
cancel their registration;
(e) refer the matter to a health panel;
(f) refer the matter to a professional standards
panel;
(g) in the case of a health practitioner, refer the
30
matter to VCAT for a Tribunal hearing;
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(h) in the case of a matter relating to the
suitability of a student to undertake clinical
training because the student has been
charged with an indictable offence or been
convicted or found guilty of such an offence,
5
refer the matter to VCAT for a Tribunal
hearing;
(i) if the matter raises issues which in the
board's opinion require investigation by
another person, organisation or agency, refer
10
the matter to that person, organisation or
agency;
(j) take no further action.
(3) The responsible board must give to the health
practitioner or student who was the subject of the
15
investigation and the notifier--
(a) notice of a decision made under sub-
section (2) within 7 days after making the
decision; and
(b) in the case of a decision to take no further
20
action or to refer the matter to a professional
standards panel, the reasons for the decision
and the rights of review under this Part.
(4) Without limiting sub-section (2)(c), the
responsible board may enter into an agreement
25
with a health practitioner or student to--
(a) in the case of a health practitioner, alter the
way in which he or she practises as a health
practitioner;
(b) in the case of a student, alter the way in
30
which he or she undertakes clinical training;
(c) impose conditions on his or her registration
or any endorsement of registration;
(d) suspend his or her registration for the period
of time specified by the responsible board;
35
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(e) undergo a health assessment or further health
assessment;
(f) undergo counselling;
(g) undertake and complete specified further
education or training within a specified
5
period.
(5) The responsible board may take any action that is
necessary to implement an agreement under this
section.
60. Review of matter after decision
10
(1) A notifier may apply to the responsible board to
establish an investigation review panel to review
of a decision of the responsible board if--
(a) the responsible board has determined under
section 45(1)(b) or (c) not to conduct an
15
investigation; or
(b) the responsible board has decided under
section 59(2) to take no further action after
an investigation; or
(c) the responsible board after the investigation
20
of a matter has decided to refer the matter to
a professional standards panel.
(2) The notifier must apply for the review within
28 days after the date on which the responsible
board gives notice of the decision and any reasons
25
to the notifier.
(3) The investigation review panel must commence a
review as soon as practicable after the responsible
board receives an application from a notifier.
(4) The investigation review panel has and may
30
exercise all the powers of an investigator during
the course of a review.
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(5) After completing a review of a decision, the
investigation review panel may--
(a) affirm a decision of the responsible board;
(b) refer the matter to the board with a request
for an investigation;
5
(c) refer the matter back to the board or the
investigator for further investigation;
(d) in the case of the review of a decision to take
no further action, do anything mentioned in
section 59;
10
(e) in the case of the review of a decision to
refer the matter to a professional standards
panel rather than VCAT, request the
responsible board to refer the matter to
VCAT for a Tribunal hearing.
15
(6) The investigation review panel must give the
notifier and the practitioner or student being
investigated written notice of the review of a
decision at least 21 days before the review is due
to commence.
20
Division 6--Hearings by Professional Standards Panels
61. Establishment of a professional standards panel
(1) If a responsible board or a health panel determines
that a matter relating to the professional
performance or professional conduct of a health
25
practitioner should be referred to a professional
standards panel, the responsible board may
appoint a professional standards panel to conduct
a hearing into that health practitioner's
professional performance or professional conduct.
30
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(2) A person is not entitled to be a member of the
panel if the person has been involved in any
proceedings under this Part relating to the matter
to be referred to the panel.
62. Notice of a professional standards panel hearing
5
(1) The responsible board must--
(a) fix a time and place for the hearing to be
conducted; and
(b) serve a notice of the time and place of the
hearing on the health practitioner by post;
10
and
(c) serve a notice of the time and place of the
hearing on any notifier by post setting out
that the panel may grant leave to the notifier
to make submissions at the panel hearing and
15
of the fact that the notifier's identity is not to
be published or broadcast.
(2) A notice of a panel hearing that is served on a
health practitioner must--
(a) state the nature of the hearing and the
20
allegations made against the health
practitioner; and
(b) give the time and place of the hearing; and
(c) state that the health practitioner may choose
to have the matter determined at a Tribunal
25
hearing by VCAT under Part 4 and state the
differences between a panel hearing and a
Tribunal hearing; and
(d) state that--
(i) there is no right to legal representation
30
at the panel hearing; and
(ii) the health practitioner is entitled to be
present and to make submissions and to
be accompanied by another person; and
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(iii) the panel hearing is not open to the
public except that the panel may grant
leave to the notifier to make
submissions at the panel hearing; and
(e) list the possible findings the panel can make
5
or orders the panel can give.
63. Outcome of a professional standards panel's hearing
(1) Upon completing a hearing into the professional
conduct or performance of a registered health
practitioner the panel may find one or more of the
10
following--
(a) that the health practitioner has, whether by
act or omission, engaged in unprofessional
conduct;
(b) that the health practitioner has not engaged
15
in unprofessional conduct;
(c) that the health practitioner may have
engaged in professional misconduct;
(d) the practitioner's professional performance
has been unsatisfactory.
20
(2) If the panel finds that the health practitioner has,
whether by act or omission, engaged in
unprofessional conduct or may have engaged in
professional misconduct or the panel finds the
practitioner's professional performance has been
25
unsatisfactory, the panel may make one or more of
the following determinations--
(a) that the matter be referred to a Tribunal
hearing;
(b) if the panel is of the opinion that the
30
practitioner's ability to practise is affected,
that the matter be referred to a health panel
hearing;
(c) that the health practitioner be cautioned;
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(d) that the health practitioner be reprimanded;
(e) that the health practitioner undergo
counselling;
(f) that any condition be imposed on the health
practitioner's registration or endorsement of
5
registration;
(g) that the health practitioner alter the way in
which he or she practises as a health
practitioner;
(h) that the health practitioner undertake and
10
complete specified further education or
training within a specified period.
(3) The panel may determine that no further action be
taken if it finds that the health practitioner has not
engaged in unprofessional conduct or professional
15
misconduct or that the practitioner's professional
performance has not been unsatisfactory.
64. Referral to a health assessment or a Tribunal
hearing
(1) The professional standards panel may, at any time
20
during a hearing into a health practitioner's
professional conduct or professional performance,
direct the health practitioner to undergo a health
assessment to assess his or her ability to practise
as a health practitioner, if the panel is of the
25
opinion that his or her ability to practise may be
affected.
(2) The professional standards panel must refer a
matter arising out of a hearing into a health
practitioner's professional performance or
30
professional conduct to a Tribunal hearing if the
panel is of the opinion that--
(a) there is a reasonable likelihood that VCAT
will find that the health practitioner has
engaged in professional misconduct; or
35
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(b) there is a reasonable likelihood that VCAT
will find that the health practitioner's ability
to practise is affected to such an extent that
the cancellation of the registration may be
warranted.
5
(3) If a matter is referred to a Tribunal hearing under
this section, any hearing by a professional
standards panel must be abandoned.
(4) A professional standards panel may cease a
hearing into a health practitioner's professional
10
conduct or professional performance and refer the
matter to a health panel if the professional
standards panel is of the opinion that the ability of
the health practitioner to practise as a health
practitioner may be affected because--
15
(a) of the physical or mental health of the health
practitioner; or
(b) the health practitioner has an incapacity; or
(c) the health practitioner is an alcoholic or
drug-dependent person.
20
Division 7--Hearings by Health Panels
65. Establishment of health panels
(1) A responsible board may appoint a health panel to
conduct a hearing into a matter relating to a health
practitioner's ability to practise or a registered
25
student's ability to undertake clinical training if
the responsible board or a professional standards
panel has referred the matter to a health panel.
(2) The responsible board or a professional standards
panel may refer a matter to a health panel if the
30
board or panel is of the opinion that--
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(a) the health practitioner's ability to practise as
a health practitioner is affected because--
(i) of his or her physical or mental health;
or
(ii) he or she has an incapacity; or
5
(iii) he or she is an alcoholic or drug-
dependent person; or
(b) the registered student's ability to undertake
clinical training is affected because--
(i) of his or her physical or mental health;
10
or
(ii) he or she has an incapacity; or
(iii) he or she is an alcoholic or drug-
dependent person.
(3) A person is not entitled to be a member of the
15
panel if the person has been involved in any
proceedings under this Part relating to the matter
to be referred to the panel.
66. Notice of a health panel hearing
(1) The responsible board must--
20
(a) fix a time and place for the hearing to be
conducted; and
(b) serve a notice of the time and place of the
hearing on the health practitioner or student
by post.
25
(2) A notice of a panel hearing under sub-section (1)
that is served on a health practitioner or student
must--
(a) state the nature of the hearing and the
allegations made against the health
30
practitioner or student; and
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(b) give the time and place of the hearing; and
(c) state that the health practitioner or student
may choose to have the matter determined by
VCAT at a Tribunal hearing and state the
differences between a panel hearing and a
5
Tribunal hearing; and
(d) state that--
(i) the health practitioner or student is
entitled to be present and to make
submissions and to be accompanied by
10
another person; and
(ii) the panel hearing is not open to the
public; and
(iii) there is no right to legal representation
at the panel hearing; and
15
(iv) the health practitioner or student may
seek the leave of the panel before the
hearing to have legal representation;
and
(e) list the possible findings the panel can make
20
or orders the panel can give.
67. Outcome of health panel's hearing
(1) After considering all the submissions made to a
hearing into the ability of a registered health
practitioner to practise as a health practitioner or
25
of a registered student to undertake clinical
training, a health panel may find that--
(a) the ability of the health practitioner to
practise as a health practitioner is affected
because--
30
(i) of the physical or mental health of the
health practitioner; or
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(ii) the health practitioner has an
incapacity; or
(iii) the health practitioner is an alcoholic or
drug-dependent person; or
(b) the ability of the student to undertake clinical
5
training is affected because--
(i) of the physical or mental health of the
student; or
(ii) the student has an incapacity; or
(iii) the student is an alcoholic or drug-
10
dependent person; or
(c) the ability of the health practitioner to
practise as a health practitioner or the ability
of the student to undertake clinical training is
not affected.
15
(2) If the health panel makes a finding under sub-
section (1)(a) or (b), the panel may make one or
more of the following determinations--
(a) in the case of a health practitioner, to impose
any condition on the registration or
20
endorsement of registration of the health
practitioner;
(b) in the case of a student, to impose any
condition on the registration of the student;
(c) to suspend the registration of the health
25
practitioner or student for the period and
subject to any condition specified in the
determination;
(d) to require the health practitioner or student to
enter into an agreement with the responsible
30
board.
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(3) Without limiting the powers of the health panel
under sub-section (2)(a), the panel may determine
to impose all or any of the following conditions on
the registration of a health practitioner--
(a) that the health practitioner undergo
5
counselling;
(b) that the health practitioner undertake and
complete specified further education or
training within a specified period;
(c) that the health practitioner work under the
10
supervision of another health practitioner;
(d) that the health practitioner attend another
registered health practitioner for treatment.
(4) If the health panel makes a finding under sub-
section (1)(c), the panel may determine that no
15
further action be taken.
(5) A student is not permitted to undertake clinical
training contrary to the terms of a determination in
force under this section.
68. Referral to a health assessment or a Tribunal
20
hearing
(1) The health panel may, at any time during the
panel's hearing into a health practitioner's ability
to practise or a registered student's ability to
undertake clinical training, direct the health
25
practitioner or student to undergo a health
assessment to assess his or her ability to practise
as a health practitioner or undertake clinical
training.
(2) The health panel must refer a matter arising out of
30
a hearing to VCAT if the panel is of the opinion
that the health practitioner's ability to practise is
affected to such an extent that there is a
reasonable likelihood that VCAT may decide to
cancel the registration of the health practitioner.
35
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(3) The health panel may refer a matter arising out of
a hearing into a registered student's ability to
undertake clinical training to a Tribunal hearing if
the hearing panel is of the opinion that the
student's ability to undertake clinical training is
5
affected to such an extent that there is a
reasonable likelihood that VCAT may decide to
cancel or suspend the registration of the student.
(4) A health panel may cease a hearing into a health
practitioner's ability to practise and refer the
10
matter to a professional standards panel if the
health panel is of the opinion that the health
practitioner's professional conduct or professional
performance should be considered by the
professional standards panel.
15
(5) If a matter is referred to a Tribunal hearing under
this section, any hearing by a health panel into the
health practitioner's or student's ability must be
abandoned.
Division 8--Provisions Applying to all Panel Hearings
20
69. Conduct of a panel hearing
(1) At a panel hearing the panel must hear and
determine the matter before it and--
(a) the proceedings must be conducted with as
little formality and technicality as the
25
requirements of this Act and the proper
consideration of the matter permit;
(b) there is no right to legal representation at the
panel hearing except at a health panel
hearing in accordance with paragraph (c)
30
or (d);
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(c) a health panel may grant leave to a health
practitioner or student to have legal
representation at a hearing of the health
panel;
(d) a health panel must grant leave if the panel is
5
of the opinion that there is a reasonable
likelihood that the student's or practitioner's
registration may be suspended;
(e) the health practitioner or student is entitled to
be present and to make submissions and to
10
be accompanied by another person;
(f) the proceedings must not be open to the
public except that a professional standards
panel may grant leave to a notifier to make
submissions to the panel if the notifier is not
15
called as a witness and the panel considers it
appropriate in the circumstances;
(g) a panel is not bound by rules of evidence but
may inform itself in any way it thinks fit;
(h) a panel is bound by the rules of natural
20
justice;
(i) the procedure of a panel is otherwise in its
discretion.
(2) Despite sub-section (1)(h)--
(a) a professional standards panel may, when
25
conducting a hearing into a health
practitioner's professional conduct or
performance, consider any report about the
health practitioner's professional
performance or ability to practise as a health
30
practitioner made for the purposes of a health
or performance assessment under Division 3
or 4;
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(b) a health panel may, when conducting a
hearing consider any report of a health
assessment or performance assessment under
Division 3 or 4.
(3) If a panel hearing arises out of a notification made
5
under section 42, the identity of the notifier is not
to be published or broadcast.
70. Change of panel hearing to Tribunal hearing during
course of hearing
(1) If, before the end of a hearing by a panel--
10
(a) the health practitioner or student requests
that a Tribunal hearing be held; or
(b) the panel is of the opinion that a Tribunal
hearing should be held--
the panel must abandon the hearing and refer the
15
matter to a Tribunal hearing.
(2) If, before the end of a hearing by a panel the
health practitioner or student who is the subject of
the hearing fails to attend the hearing without
good cause the panel may abandon the hearing
20
and refer the matter to a Tribunal hearing.
71. Request for Tribunal hearing upon completion of
panel hearing
Upon the completion of a panel hearing, the health
practitioner or student who was the subject of the
25
hearing may apply to VCAT for a Tribunal
hearing to be held to review any findings and
determinations of the panel hearing.
72. Effect of determinations
(1) A determination made by a panel on a hearing
30
comes into operation on its making or at any later
time stated in the determination except a
determination made by a health panel relating to a
student.
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(2) A determination of the health panel with respect
to a student takes effect when notice of it is served
on the education institution where the student is
enrolled and the person who is supervising the
training of the student.
5
(3) A determination of a panel is to have effect as if it
were a determination of the responsible board.
73. Reasons for determinations of panel
(1) A panel must give reasons for a determination
made by the panel under this Part to the health
10
practitioner or student who is the subject of the
determination within 28 days after the making of
the determination.
(2) A person whose interests are affected by a
determination of a panel may apply to the panel
15
for the reasons for that determination.
(3) An application under sub-section (2) must be
made within 45 days after the making of the
determination.
(4) The panel must give the reasons to the person
20
referred to in sub-section (2) within 45 days after
receiving the application unless the panel is of the
opinion that it is not in the public interest to do so.
Division 9--General Provisions
74. Removal of suspension or condition
25
(1) If the responsible board has suspended the
registration of a health practitioner or student until
the completion of a hearing, and at the completion
of the hearing the panel determines that the
suspension should be removed, the responsible
30
board must remove the suspension.
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(2) If a condition has been imposed on the registration
of a health practitioner or student, and at the
completion of a hearing the panel determines that
the condition should be removed, the responsible
board must remove that condition.
5
75. Notice of determinations
(1) If a determination has been made by a panel
suspending the registration of a health practitioner
or imposing conditions on the registration or
endorsement of registration of a health
10
practitioner the responsible board must give notice
of the determination on any website on the
Internet maintained by or on behalf of the board.
(2) The responsible board must also give notice of the
determination--
15
(a) if the health practitioner is an employee, to
his or her employer;
(b) the Secretary to the Department of Justice for
the purposes of the Working with Children
Act 2005.
20
(3) The responsible board may also give notice of the
determination--
(a) in the Government Gazette;
(b) to the health practitioner registration
authorities in all other States or Territories of
25
the Commonwealth and in New Zealand;
(c) to the Health Services Commissioner;
(d) to any Commonwealth body responsible for
the funding of regulated health services of
the kind provided by the health practitioner;
30
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(e) if the responsible board has received a
request for information about the person in
respect of whom the determination has been
made from a health practitioner registration
authority outside Australia, that authority.
5
(4) If a determination has been made by a panel--
(a) imposing any condition on a student
undertaking clinical training; or
(b) prohibiting a student from undertaking
clinical training--
10
the responsible board must give notice of the
determination to the person providing the course
of study in which the student is enrolled and the
person who is supervising the training of the
student.
15
(5) Notice under this section must be given as soon as
practicable after the determination has been made.
(6) If a notification has been made to the responsible
board, the responsible board must notify the
notifier of the findings and determinations of any
20
panel hearing arising from that notification and
the reasons for those findings and determinations
within 28 days after they are made unless the
responsible board is of the opinion that it is not in
the public interest to do so.
25
__________________
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PART 4--PROCEEDINGS AND REVIEW BY VCAT
Division 1--Proceedings by VCAT
76. Applications to VCAT
(1) If under this Act a matter may be referred to
VCAT or must be referred to VCAT for a hearing
5
under this Division the responsible board is to
refer the matter to VCAT and the matter is to be
dealt with by VCAT in accordance with this
Division.
(2) The responsible board may apply to VCAT for an
10
order under this Division in respect of a health
practitioner if the board is of the opinion that the
health practitioner is not of good character.
(3) The responsible board must apply to VCAT for an
order under this Division in respect of a student if
15
the board is of the opinion that there is a
reasonable likelihood that VCAT will find that the
student's suitability to undertake clinical training
is affected because the student has been charged
with an indictable offence or been convicted or
20
found guilty of such an offence.
77. Determinations of VCAT
(1) After it has completed a hearing under this
Division in relation to an application in respect of
a health practitioner VCAT may make a finding as
25
to whether or not--
(a) the health practitioner has engaged in
unprofessional conduct or professional
misconduct; or
(b) the health practitioner's ability to practise as
30
a health practitioner is affected; or
(c) the health practitioner's performance has
been unsatisfactory; or
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(d) the health practitioner is not of good
character.
(2) VCAT may find a practitioner has engaged in
unprofessional conduct even though the
application alleged professional misconduct.
5
(3) After it has completed a hearing under this
Division in relation to an application in respect of
a student VCAT may make any one or more of the
following findings--
(a) the student's ability to undertake clinical
10
training is affected; or
(b) the student's suitability to undertake clinical
training is affected because the student has
been charged with an indictable offence or
been convicted or found guilty of such an
15
offence; or
(c) the student's ability or suitability to
undertake clinical training is not affected.
(4) VCAT may make one or more of the following
determinations with respect to a health
20
practitioner--
(a) require the health practitioner to undergo
counselling;
(b) caution the health practitioner;
(c) reprimand the health practitioner;
25
(d) require the health practitioner to undertake
and complete specified further education or
training within a specified period;
(e) impose any condition on the registration or
endorsement of registration of the health
30
practitioner;
(f) impose a fine on the health practitioner of
not more than $50 000 to be paid to the
responsible board;
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(g) suspend the registration of the health
practitioner for the period specified in the
determination;
(h) cancel the registration of the health
practitioner;
5
(i) order that the practitioner undertake a
specified period of practice under specified
supervision;
(j) order that the practitioner do or refrain from
doing something in connection with the
10
practice of his or her health profession;
(k) order that the practitioner's practice be
conducted for a specified period in a
specified way or subject to specified
conditions;
15
(l) order that the practitioner's practice be
subject to periodic inspection by a specified
person for a specified period;
(m) order that the practitioner report on the
health practice of the practitioner to a
20
specified person at specified intervals;
(n) order that the practitioner not employ,
engage or recommend a specified person or
class of persons;
(o) disqualify the health practitioner from
25
applying for registration under section 4
within a specified period if the health
practitioner's registration is cancelled by the
Tribunal or by a health practitioner
registration authority of another State or
30
Territory of the Commonwealth or of New
Zealand.
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(5) VCAT may make one or more of the following
determinations with respect to a student--
(a) require the student to undergo counselling;
(b) caution the student;
(c) reprimand the student;
5
(d) impose any condition on the registration of
the student;
(e) suspend the registration of the student for the
period specified in the determination;
(f) cancel the registration of the student.
10
(6) Without limiting any other powers of VCAT to
make orders, if VCAT has determined to cancel or
suspend the registration of a health practitioner
under this section, VCAT may make an order
prohibiting the health practitioner from providing
15
the health services specified in the order or from
using any title that is specified in the order.
(7) Any fine or costs are recoverable at law by the
responsible board even though the responsible
board has not exercised any of its other powers.
20
Division 2--Review of Decisions of Boards and Panels
78. Review by VCAT
(1) A health practitioner who is the subject of the
relevant decision, finding or determination may
apply to VCAT for review of--
25
(a) a decision to refuse a person's application for
registration or renewal of registration; or
(b) a decision to refuse a person's application for
endorsement of registration under Division 2
of Part 2 or for renewal of that endorsement;
30
or
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(c) a decision to impose a condition on a
person's registration or endorsement of
registration otherwise than by agreement; or
(d) a decision to cancel the interim registration
of a health practitioner; or
5
(e) a finding or determination made at a panel
hearing under Part 3; or
(f) a decision to suspend the registration of a
health practitioner, if the responsible board
has not instituted an investigation into the
10
professional conduct, professional
performance or ability to practise of that
health practitioner within a reasonable time
after having suspended that registration; or
(g) a decision to accept under section 40 an
15
agreement by a health practitioner to alter the
way in which he or she practises as a health
practitioner if the responsible board has not
instituted an investigation into the health
practitioner's professional conduct or ability
20
to practise within a reasonable time after
having accepted the agreement.
(2) A student whose interests are affected by the
relevant decision, finding or determination may
apply to VCAT for review of--
25
(a) a decision to refuse a student's application
for registration or renewal of registration; or
(b) a decision to impose a condition on a
student's registration otherwise than by
agreement; or
30
(c) a finding or determination made at a health
panel hearing under Part 3; or
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(d) a decision to suspend the registration of a
student, if the responsible board has not
instituted an investigation into the ability of
the student to undertake clinical training
within a reasonable time after having
5
suspended that registration; or
(e) a decision to accept under section 40 an
agreement by a student to alter the way in
which he or she undertakes clinical training
if the responsible board has not instituted an
10
investigation into the ability of the student to
undertake clinical training within a
reasonable time after having accepted the
agreement.
(3) A person whose interests are affected by the
15
relevant decision, finding or determination may
apply to VCAT for review of--
(a) a decision to refuse the person's application
for approval under Part 6; or
(b) a decision to impose conditions on an
20
approval under Part 6; or
(c) a decision to revoke an approval under
Part 6.
(4) The application must be made within 28 days after
the date on which--
25
(a) the person concerned receives notice from
the responsible board of the decision, finding
or determination and the reasons for the
decision, finding or determination; and
(b) in the case of applications made under sub-
30
section (1)(f) or (g) or (2)(d) or (e), the
student or practitioner requests in writing
that an investigation be conducted.
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Division 3--Publicising Disciplinary Action
79. Notification
(1) VCAT must notify the responsible board of any
finding or determination of VCAT under this Part.
(2) The responsible board must publish the finding or
5
determination in the same way the board is
required to notify a determination under
section 75.
(3) If a decision, finding or determination has been
reviewed by VCAT, the responsible board must
10
notify any person who was notified of the original
decision, finding or determination of any change
to that decision, finding or determination by
VCAT.
__________________
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Part 5--Offences and Regulated Conduct
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PART 5--OFFENCES AND REGULATED CONDUCT
Division 1--Offences Applying to Health Professions
Generally
80. Claims by persons as to registration
(1) A person who is not a registered health
5
practitioner must not intentionally or recklessly--
(a) take or use the title of "registered health
practitioner" whether with or without any
other words; or
(b) take or use a title, name, initial, symbol,
10
word or description that, having regard to the
circumstances in which it is taken or used,
indicates or could be reasonably understood
to indicate--
(i) the person is a health practitioner in a
15
regulated health profession; or
(ii) the person is authorised or qualified to
practise in a regulated health
profession; or
(c) claim to be registered under this Act or hold
20
himself or herself out as being registered
under this Act; or
(d) carry out any act which is required to be
carried out by a registered health practitioner
by or under an Act; or
25
(e) claim to be qualified to practise as a health
practitioner in a regulated health profession.
Penalty: 60 penalty units in the case of a natural
person and 300 penalty units in the case
of a body corporate.
30
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(2) A person must not--
(a) take or use any of the titles in the Table,
whether with or without any other words and
whether in English or any other language,
which could be reasonably understood to
5
induce a belief that the person is registered
under this Act with the particular type of
registration or endorsement of registration
that authorises the use of the title unless the
person is so registered; or
10
(b) claim to have or hold himself or herself out
as having a particular type of registration in
the Table with the intention of inducing a
belief that the person is registered under this
Act for that type of registration or
15
endorsement of registration unless the person
is so registered.
TABLE
acupuncturist, Chinese registered acupuncturist,
medicine practitioner, registered Chinese
Chinese herbal medicine practitioner,
dispenser, Chinese registered Chinese herbal
herbal medicine dispenser, registered
practitioner, Oriental Oriental medicine
medicine practitioner practitioner
chiropodist, podiatrist registered chiropodist,
registered podiatrist
chiropractor registered chiropractor
advanced dental registered advanced dental
technician, dentist, technician, registered
dental auxiliary, dentist, registered dental
dental hygienist, auxiliary, registered dental
dental practitioner, hygienist, registered dental
dental prosthetist, practitioner, registered
dental surgeon, dental dental prosthetist,
specialist, dental registered dental surgeon,
therapist registered dental specialist,
registered dental therapist
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medical practitioner, registered medical
medical specialist practitioner, registered
medical specialist
nurse, nurse registered nurse, registered
practitioner, mental nurse practitioner,
retardation nurse, registered mental
midwife, mothercraft retardation nurse,
nurse, psychiatric registered midwife,
nurse registered mothercraft
nurse, registered
psychiatric nurse
optometrist registered optometrist
osteopath registered osteopath
pharmacist, registered pharmacist,
pharmaceutical registered pharmaceutical
chemist chemist
physiotherapist registered physiotherapist
physical therapist registered physical
therapist
psychologist registered psychologist
radiographer, nuclear registered radiographer,
medicine technologist, registered nuclear medicine
radiation therapist technologist, registered
radiation therapist
Penalty: 60 penalty units in the case of a natural
person and 300 penalty units in the case
of a body corporate.
(3) A health practitioner whose registration is
specific, provisional, interim or non-practising
5
must not knowingly or recklessly claim to have, or
hold himself or herself out as having, general
registration or registration of a type not granted to
that person.
Penalty: 60 penalty units.
10
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(4) A registered student must not knowingly or
recklessly claim to have, or hold himself or herself
out as having, general registration or registration
of a type not granted to that student.
Penalty: 60 penalty units.
5
(5) A registered health practitioner must not--
(a) knowingly claim to be registered under this
Act in a division of the register in which he
or she is not registered or hold himself or
herself out as being registered in a division
10
of the register if the person is not registered
in that division; or
(b) knowingly claim to be qualified to practise
as a practitioner in a division of the register
in which he or she is not registered; or
15
(c) take or use any title which could be
reasonably understood to induce a belief the
person is registered under this Act in a
division of the register in which he or she is
not registered.
20
Penalty: 60 penalty units.
(6) A person whose registration is not endorsed under
a provision of Division 2 of Part 2 must not--
(a) take or use any title which could be
reasonably understood to induce a belief that
25
the health practitioner's registration is
endorsed under that provision; or
(b) knowingly claim to have or hold himself or
herself out as having a registration that is
endorsed under that provision.
30
Penalty: 60 penalty units.
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(7) A registered health practitioner or student whose
registration is subject to a condition must not--
(a) take or use any title which could be
reasonably understood to induce a belief that
the health practitioner's or student's
5
registration is not subject to a condition; or
(b) knowingly claim to have or hold himself or
herself out as having a registration which is
not subject to any condition.
Penalty: 60 penalty units.
10
(8) A person must not hold out another person as
being registered under this Act or having their
registration endorsed under this Act or being
registered in a division of the register in which
that person is not registered, if the person knows
15
or ought reasonably to know that the other person
is not so registered.
Penalty: 60 penalty units in the case of a natural
person and 300 penalty units in the case
of a body corporate.
20
(9) Sub-section (1)(b), (c) and (d) does not apply to a
registered student who is providing regulated
health services in accordance with the student's
registration under the supervision of a registered
health practitioner.
25
(10) If a body corporate contravenes sub-section (1),
any officer, within the meaning of section 9 of the
Corporations Act, of that body corporate who was,
in any way, by act or omission, directly or
indirectly, knowingly concerned in or party to the
30
commission of the offence also commits an
offence under sub-section (1) and is liable for the
penalty applicable to a natural person for that
offence.
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(11) This section does not apply to the use of a name or
a title by or in relation to--
(a) a museum if--
(i) the words are used to identify premises
where items relating to the history of a
5
health service are exhibited; and
(ii) regulated health services are not
provided from those premises; or
. (b) a teaching institution providing a course of
study in the practice of a regulated health
10
profession; or
(c) professional associations representing
registered health practitioners; or
(d) a business name for a business providing
regulated health services if, in the carrying
15
on of the business by the person, a registered
health practitioner provides regulated health
services of the kind referred to in the
business name.
(12) Nothing in this section applies to the giving or
20
performance of any advice, service, attendance or
operation by a person registered as a health
practitioner under the law in force in another State
or Territory or New Zealand--
(a) in an emergency if no other registered health
25
practitioner of that type is available; or
(b) if the person is acting in accordance with that
registration for the purpose of tissue removal
or transplantation in accordance with the
Human Tissue Act 1982; or
30
(c) if the person is acting in accordance with that
registration in relation to a patient who is
being transported into or out of Victoria for
treatment.
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(13) Nothing in sub-section (1) or (2) applies to the use
of the name or title of radiographer in respect of a
person's profession or occupation as a
radiographer by a person who holds an operator's
licence issued under section 108AF of the Health
5
Act 1958 or a use licence issued under Part 6 of
the Radiation Act 2005 if the use does not imply
that the person may conduct radiography of
humans.
(14) Nothing in this section applies to a veterinary
10
practitioner registered under the Veterinary
Practice Act 1997 using the title acupuncturist in
relation to the practice of veterinary surgery or
veterinary medicine by that practitioner in
accordance with his or her registration under that
15
Act.
81. Use of titles in educational institutions
A person must not use a title in relation to any
educational or training institution which could be
reasonably understood to induce a belief that the
20
institution is able to provide education or training
leading to qualifications recognised by a
responsible board for registration under this Act
unless the institution is recognised by the
responsible board for the purposes of this Act.
25
Penalty: 60 penalty units.
82. Clinical training
A person is not entitled to undertake clinical
training as part of a course of study or training
referred to in section 5 unless--
30
(a) the clinical training is supervised by a
registered health practitioner and approved
by the responsible board; and
(b) the person is a registered student under this
Act.
35
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83. Fraud, forgery etc.
A person must not--
(a) fraudulently or by false representation or
declaration (either orally or in writing)
obtain registration or endorsement of
5
registration under this Act or approval under
Part 6; or
(b) fraudulently or by false representation (either
orally or in writing) procure any person to be
registered under this Act or have their
10
registration endorsed under this Act or be
approved under Part 6; or
(c) forge, counterfeit or alter any certificate of
registration under this Act or any degree,
diploma or other evidence of qualifications
15
for registration or endorsement of
registration under this Act or approval under
Part 6; or
(d) aid in the commission of an offence under
paragraph (a), (b) or (c).
20
Penalty: 120 penalty units or imprisonment for a
period of 1 year or both.
84. Offence to provide unregistered health practitioners
(1) A person must not arrange for another person to
work as a registered health practitioner if the
25
person knows or reasonably ought to have known
that the other person is not a registered health
practitioner.
Penalty: For a natural person, 60 penalty units;
For a body corporate, 300 penalty units.
30
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(2) A person must not arrange for a registered health
practitioner to work in contravention of the terms,
or outside the scope, of that health practitioner's
registration if the person knows or reasonably
ought to have known that the health practitioner
5
would be working in contravention of the terms,
or outside the scope, of that health practitioner's
registration.
Penalty: For a natural person, 60 penalty units;
For a body corporate, 300 penalty units.
10
(3) A person must not arrange for a health practitioner
whose registration is not endorsed under a
provision of Division 2 of Part 2 to work as a
health practitioner whose registration is endorsed
under that provision if the person knows or
15
reasonably ought to have known that the health
practitioner's registration was not so endorsed.
Penalty: For a natural person, 60 penalty units;
For a body corporate, 300 penalty units.
(4) A person must not arrange for a health practitioner
20
to work in contravention of the terms, or outside
the scope, of that health practitioner's endorsement
of registration if the person knows or reasonably
ought to have known that the health practitioner
would be working in contravention of the terms,
25
or outside the scope, of that health practitioner's
endorsement of registration.
Penalty: For a natural person, 60 penalty units;
For a body corporate, 300 penalty units.
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85. Offence of directing or inciting unprofessional
conduct
(1) A person must not direct or incite a registered
health practitioner to do any thing, in the course of
providing regulated health services, that would
5
constitute unprofessional conduct or professional
misconduct.
Penalty: 240 penalty units in the case of a
natural person and 1200 penalty units in
the case of a body corporate.
10
(2) If a body corporate commits an offence against
sub-section (1), any officer, within the meaning of
section 9 of the Corporations Act, of the body
corporate who was in any way, by act or omission,
directly or indirectly, knowingly concerned in or
15
party to the commission of the offence is also
guilty of that offence and liable to the penalty for
it, irrespective of whether the body corporate has
been prosecuted for, or convicted or found guilty
of, the offence.
20
(3) If a court convicts or finds a person guilty of an
offence against this section, the Clerk or other
proper officer of the court must notify the
responsible board and the Secretary in writing of
the conviction or finding.
25
(4) This section does not apply to the employer of a
registered health practitioner providing regulated
health services if the employer is a registered
funded agency, private hospital or privately-
operated hospital within the meaning of the
30
Health Services Act 1988.
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86. Convicted offenders may be prohibited from
carrying on business
(1) The responsible board or the Secretary may by
notice in writing given to a person who has been
convicted of or found guilty of an offence against
5
section 85 prohibit the person from carrying on a
business providing regulated health services and,
in the case of a pharmacist, from owning or
having a proprietary interest in a pharmacy
business.
10
(2) The prohibition may be expressed to apply--
(a) for a fixed period (in which case the
prohibition remains in force only for that
fixed period); or
(b) for an unlimited period subject to an
15
entitlement to apply after a specified time for
the lifting of the prohibition (in which case
the prohibition remains in force until it is
lifted); or
(c) to specified premises.
20
(3) A prohibition may not be imposed under this
section unless the responsible board or the
Secretary is of the opinion that the person is not a
fit and proper person to carry on a business
providing regulated health services or, in the case
25
of a pharmacist, from owning or having a
proprietary interest in a pharmacy business.
(4) The responsible board or the Secretary is entitled
to presume, in the absence of evidence to the
contrary, that a person who has been convicted of
30
or found guilty of an offence against section 85 on
2 or more occasions in any period of 10 years is
not a fit and proper person to carry on a business
providing regulated health services or, in the case
of a pharmacist, to own or have a proprietary
35
interest in a pharmacy business.
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(5) A prohibition under this section may be limited in
its operation in the following ways--
(a) it may be limited to specified premises, but
only if the person concerned carries on a
business providing regulated health services
5
including pharmacy services;
(b) it may be limited to premises within a
specified area;
(c) it may be limited in any other way specified
by the responsible board or the Secretary.
10
87. Lifting of prohibition
(1) If a prohibition under section 86 is subject to an
entitlement to apply after a specified time for the
prohibition to be lifted, the application may be
made to the responsible board or the Secretary
15
after that time.
(2) The responsible board or the Secretary may lift
the prohibition or confirm the prohibition and set
a further period after which an application for the
prohibition to be lifted can be made under this
20
section.
88. Offence of carrying on business while prohibited
A person must not in contravention of a
prohibition under this Part knowingly or
recklessly carry on a business providing regulated
25
health services or, in the case of a pharmacist,
own or have a proprietary interest in a pharmacy
business.
Penalty: 240 penalty units in the case of a
natural person and 1200 penalty units in
30
the case of a body corporate.
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89. Effect of appeal against conviction
A prohibition under this Part has no effect while
an appeal is pending against the conviction or
finding of guilt for the offence on which the
prohibition is based.
5
90. Power to require information from convicted
persons
(1) If a body corporate is convicted of or found guilty
of an offence against section 85 or 88 the
responsible board or the Secretary may require
10
certain persons to provide specified information to
the responsible board or the Secretary, as provided
by this section.
(2) The body corporate may be required to provide
information that the responsible board or the
15
Secretary may reasonably require to ascertain the
identity of each person who is an officer, within
the meaning of section 9 of the Corporations Act,
of the body corporate.
(3) A person who the responsible board or the
20
Secretary reasonably believes is an officer, within
the meaning of section 9 of the Corporations Act,
of the body corporate may be required to provide
information that the responsible board or the
Secretary may reasonably require to ascertain the
25
identity of each body corporate in which that
person has a management role.
(4) A requirement to provide information is to be
imposed by direction in writing served on the
person or body corporate concerned.
30
(5) The direction must specify a period of not less
than 7 days as the period within which the
required information must be provided.
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(6) A person must not fail without reasonable excuse
to comply with a requirement under this section.
Penalty: 120 penalty units in the case of a
natural person and 600 penalty units in
the case of a body corporate.
5
(7) A person must not provide information that the
person believes is false or misleading in a material
particular.
Penalty: 240 penalty units in the case of a
natural person and 1200 penalty units in
10
the case of a body corporate.
91. Register of prohibitions
(1) The responsible board must cause to be kept and
published a register of all persons who are
prohibited under section 86 from carrying on a
15
business providing regulated health services and,
in the case of a pharmacist, from owning or
having a proprietary interest in a pharmacy
business.
(2) The following particulars must be included on the
20
register against the name of the person to whom
they apply--
(a) any current prohibition under section 86;
(b) the period for which the prohibition is in
force;
25
(c) if the prohibition is limited to specified
premises, the address or a description of
those premises;
(d) if the prohibition is limited to premises in a
specified area, a description of the area;
30
(e) if the prohibition is limited in any other way
by the responsible board or the Secretary, a
description of that limitation.
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(3) The register may be inspected at the office of the
responsible board by any person during ordinary
office hours without charge.
(4) A person may obtain a copy of or an extract from
the register without charge.
5
92. Evidentiary certificate
A certificate purporting to be signed by the
President or any 2 members of the responsible
board to the effect that the person specified in the
certificate is or was prohibited under this Part
10
from carrying on a business providing regulated
health services or, in the case of a pharmacist,
from owning or having a proprietary interest in a
pharmacy business during a period specified in the
certificate is evidence, and, in the absence of
15
evidence to the contrary, is proof of the matters
stated in it.
93. Secretary to notify responsible board of prohibitions
If the Secretary has given notice of a prohibition
under section 86, the Secretary must advise the
20
responsible board of that prohibition.
94. Advertising
(1) A person must not advertise a regulated health
service or a business providing regulated health
services in a manner which--
25
(a) is or is intended to be false, misleading or
deceptive; or
(b) offers a discount, gift or other inducement to
attract clients to a business providing
regulated health services unless the
30
advertisement also sets out the terms and
conditions of that offer; or
(c) refers to, uses or quotes from testimonials or
purported testimonials; or
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(d) creates an unreasonable expectation of
beneficial treatment; or
(e) directly or indirectly encourages the
indiscriminate or unnecessary use of
regulated health services or medicines.
5
Penalty: 60 penalty units in the case of a natural
person and 300 penalty units in the case
of a body corporate.
(2) If a body corporate contravenes sub-section (1),
an officer, within the meaning of section 9 of the
10
Corporations Act, of the body corporate who was,
in any way, by act or omission, directly or
indirectly, knowingly concerned in or party to the
commission of the offence also commits an
offence under sub-section (1) and is liable for the
15
penalty applicable to a natural person for that
offence.
(3) A person who, in good faith, publishes or prints an
advertisement which contravenes sub-section (1)
on behalf of another person, is not guilty of an
20
offence under that sub-section.
95. Advertising guidelines
(1) The Governor in Council may, on the
recommendation of the Minister, by notice
published in the Government Gazette, issue
25
guidelines about the minimum standards
formulated by the responsible board and approved
by the Minister for or with respect to the
advertising of regulated health services.
(2) The responsible board must consult with any
30
person nominated by the Minister in formulating
guidelines for the consideration of the Minister.
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(3) The responsible board must ensure that any
guidelines that it has formulated for approval of
the Minister have been notified with a request for
public comment in the Government Gazette, a
newspaper circulating generally throughout
5
Victoria and in any professional magazine,
newsletter or journal circulating amongst health
practitioners regulated by that board in Victoria at
least 60 days before the guidelines are forwarded
to the Minister for consideration.
10
(4) The responsible board must have regard to any
comments received in response to a notice under
this section in formulating guidelines for the
approval of the Minister.
(5) The responsible board must have regard to any
15
guidelines issued by the Governor in Council
under this section.
(6) A court may have regard to any guidelines issued
by the Governor in Council under this section.
96. Power of the courts to require corrective advertising
20
If, on the application of the Minister a court is
satisfied that there has been a contravention of
section 94(1)(a), (b), (c), (d) or (e) the court may
make either or both of the following orders--
(a) an order requiring any person involved in the
25
contravention to disclose any information
which is in the person's possession or to
which the person has access, which is
information or of a class of information
specified in the order--
30
(i) to the public or any person or class of
persons specified in the order; and
(ii) in the manner specified in the order;
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(b) an order requiring any person involved in the
contravention to publish an advertisement in
the terms specified or determined in
accordance with the order--
(i) at the expense of the person; and
5
(ii) in the manner and at the times specified
in the order.
Division 2--Offences for Nurses
97. Additional offences in relation to nurses
A registered nurse whose registration is not
10
endorsed under section 20 with respect to a
particular category of nurse practitioner must
not--
(a) take or use any title which could be
reasonably understood to induce a belief that
15
the nurse is a nurse practitioner whose
registration is endorsed with respect to that
category of nurse practitioner; or
(b) knowingly claim to be a nurse practitioner
whose registration is endorsed with respect
20
to that category of nurse practitioner or hold
herself or himself out as being a nurse
practitioner whose registration is endorsed
with respect to that category of nurse
practitioner.
25
Penalty: 60 penalty units.
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Division 3--Dental Care Providers
98. Restriction on practising dentistry
(1) A person who is not registered as a dental care
provider under this Act must not knowingly do
any of the following--
5
(a) diagnose or manage conditions of the mouth
of a person;
(b) perform any invasive or irreversible
procedure on the natural teeth or the parts of
a person's body associated with their natural
10
teeth;
(c) provide artificial teeth or dental appliances to
a patient or insert artificial teeth or dental
appliances for a patient;
(d) make an intraoral adjustment of artificial
15
teeth or dental appliances for a patient.
Penalty: 120 penalty units.
(2) Nothing in this section operates to prevent--
(a) a registered medical practitioner from doing
any of the things referred to in sub-section
20
(1) in the ordinary course of his or her
practice as such or in any case where the
services of a dental care provider registered
under this Act are not obtainable;
(b) the provision of emergency dental treatment,
25
without fee or reward, if a person is in pain
and no dental care provider or medical
practitioner registered under this Act is
available;
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(c) a dental student registered under this Act
from providing dental care in accordance
with the student's registration as part of a
course of study or training approved by the
Dental Practice Board of Victoria for the
5
purposes of this Act.
Division 4--Optometrists
99. Restriction on practising optometry
(1) A person must not knowingly do any of the
following unless the person is registered as an
10
optometrist under this Act--
(a) employ methods for the measurement of the
refractive powers of vision;
(b) prescribe optical appliances to correct,
remedy or relieve defects of vision;
15
(c) adapt lenses and prisms for the aid of the
powers of vision;
(d) prescribe and fit contact lenses to correct,
remedy or relieve defects of vision.
Penalty: 120 penalty units.
20
(2) Sub-section (1) does not apply to a person who is
registered as an orthoptist with the Australian
Orthoptists Registration Body Pty Ltd if that
person is measuring refraction and prescribing
lenses or prisms for the aid of the powers of vision
25
that are not in the form of contact lenses and is--
(a) doing so at the request of, or on the referral
of, an optometrist registered under this Act
or a medical practitioner registered under
this Act who practises as an ophthalmologist
30
if the request or referral has been made
within 6 months before that measurement or
prescription; or
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(b) employed by--
(i) a registered funded agency within the
meaning of the Health Services Act
1988; or
(ii) a medical practitioner registered under
5
this Act who practises as an
ophthalmologist; or
(iii) a person or body prescribed by the
regulations.
__________________
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PART 6--PHARMACY
Division 1--Interpretation
100. Definition
In this Part--
"Board" means the Pharmacy Board of Victoria
5
continued in operation under this Act.
Division 2--Ownership and Operation
101. Ownership of pharmacy businesses
(1) A person must not own or have a proprietary
interest in a pharmacy business unless the person
10
is--
(a) a registered pharmacist;
(b) a company registered under the Corporations
Act--
(i) whose directors are all registered
15
pharmacists; and
(ii) in which all the shares and the
beneficial and legal interest in those
shares are held by registered
pharmacists;
20
(c) a company registered under the Corporations
Act that--
(i) immediately before 1 July 1999 was
registered or incorporated as a friendly
society under a Friendly Societies Code
25
of a State or Territory that was in force
at that time; and
(ii) is a company limited by guarantee or
shares or by guarantee and shares; and
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(iii) has at least 100 members; and
(iv) whose members have equal voting
rights on a poll or at a meeting or equal
voting rights to elect a representative to
vote on their behalf; and
5
(v) whose objects include the provision of
health or welfare facilities or services
for its members or their dependants;
and
(vi) whose undistributed surplus if the
10
company were wound up is to be
distributed among its members at the
time of winding up or transferred to
another person or body with a similar
structure and objects; and
15
(vii) satisfies the Board that--
(A) the company is not carrying on
business for the dominant purpose
of securing a profit or pecuniary
gain for its members; and
20
(B) any object or intention of the
company to provide a dividend to
its shareholders or members is a
limited and not dominant purpose
of the company; and
25
(C) the property and income of the
company is applied towards the
objects of the company;
(d) a company registered under the Corporations
Act that is a wholly owned subsidiary of a
30
company referred to in paragraph (c);
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(e) a company registered under the Corporations
Act that--
(i) satisfies the requirements of
paragraph (c)(ii) to (vii); and
(ii) is an amalgamation of 2 or more
5
companies that comply with
paragraph (c) or, at the time of
amalgamation, complied with
paragraph (c);
(f) a person approved by the Board to carry on a
10
pharmacy business in an area that the Board
determines needs a pharmacy business but in
which there is no person referred to in
paragraphs (a) to (e) who is able to own and
carry on the pharmacy business.
15
Penalty: 240 penalty units in the case of a
natural person and 1200 penalty units in
the case of a body corporate.
(2) A registered pharmacist and a company referred to
in sub-section (1)(b) must not own or have a
20
proprietary interest in more than 5 separate
pharmacy businesses.
(3) A person is not to be treated as having a
proprietary interest in a company referred to in
sub-section (1)(c), (d) or (e) in respect of an
25
interest as a director, member or shareholder of
that company.
(4) Nothing in this section applies to a person who--
(a) is the executor, administrator or trustee of
the estate of a pharmacist who has died and
30
who carried on a pharmacy business at the
time of his or her death; or
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(b) is appointed or authorised under the laws of
bankruptcy to administer the property of a
pharmacist who carried on a pharmacy
business and is bankrupt; or
(c) assumes the administration of the property of
5
a person under a mortgage, bill of sale or
security interest of that person's pharmacy
business--
to continue to carry on the pharmacy business for
a period of 6 months or for any further period
10
permitted by the Board if the pharmacy services
of the business are provided by a registered
pharmacist in accordance with this Part.
(5) Nothing in sub-section (1) or (2) applies to an
interest created when a person referred to in sub-
15
section (1)(a) to (f) gives a mortgage, bill of sale
or security interest in respect of the person's
pharmacy business if the mortgage, bill of sale or
document creating the security interest does not
contravene section 116.
20
(6) A company referred to in sub-section (1)(c), (d)
or (e) must notify the Board within 30 days after a
notice is lodged with, or an application is made to,
the Australian Securities and Investments
Commission under Part 5 of Schedule 4 to the
25
Corporations Act about--
(a) the company; or
(b) a company referred to in sub-section (1)(d)
of which it is a wholly owned subsidiary.
(7) The Board may require a person referred to in
30
sub-section (1) to give the Board any information
or produce any documents relating to the person's
ownership or proprietary interest in a pharmacy
business.
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(8) A person must not fail or refuse to give the Board
any information required under sub-section (6)
or (7) or fail or refuse to produce any documents
required under sub-section (7) or wilfully mislead
the Board when giving the information.
5
Penalty: 60 penalty units in the case of a natural
person and 300 penalty units in the case
of a body corporate.
(9) Each pharmacy business carried on at separate
premises including a pharmacy business carried
10
on by the same person or under the same name as
another pharmacy business is to be treated as a
separate pharmacy business for the purposes of
this Act.
(10) Any information or documents given to the Board
15
under sub-section (7) are not admissible in any
proceedings except proceedings under this section
in relation to the person who provided the
information or produced the documents.
102. Establishment of pharmacy businesses and
20
pharmacy departments
(1) A person must not establish or carry on a
pharmacy business or pharmacy department
unless--
(a) in the case of a pharmacy business, the
25
person satisfies the requirements of
section 101(1) and (2); and
(b) in the case of a pharmacy department, the
person is a registered funded agency, private
hospital or privately-operated hospital within
30
the meaning of the Health Services Act
1988 that is acting in accordance with the
provisions of the Health Services Act 1988;
and
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(c) the Board approves the premises of the
pharmacy business or pharmacy department;
and
(d) the Board approves the carrying on of a
pharmacy business or a pharmacy
5
department from the premises.
Penalty: 240 penalty units in the case of a
natural person and 1200 penalty units in
the case of a body corporate.
(2) Nothing in this section applies to a person referred
10
to in section 101(4) who is carrying on a
pharmacy business in accordance with that sub-
section.
103. Approval of pharmacies, pharmacy businesses or
pharmacy departments
15
(1) The Board may approve the premises of a
pharmacy business or pharmacy department if the
Board is satisfied that the premises--
(a) are suitable for the provision of pharmacy
services; and
20
(b) without limiting paragraph (a), comply with
the requirements in Schedule 3 that relate to
premises and any other requirements that are
prescribed.
(2) The Board may approve a person referred to in
25
section 101(1) to carry on a pharmacy business or
a person referred to in section 102(1)(b) to carry
on a pharmacy department at premises if the
Board is satisfied that the facilities, equipment,
security, management and operation of the
30
pharmacy business or pharmacy department at the
premises comply with--
(a) good pharmacy practice; and
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(b) without limiting paragraph (a), the relevant
requirements in Schedule 3 and any other
requirements that are prescribed.
(3) The Board may also have regard to the following
matters in determining whether or not to grant
5
approval to carry on a pharmacy business--
(a) the applicant's compliance with this Act, the
regulations and any guidelines issued by the
Board;
(b) the commitment of the applicant to utilising
10
quality improvement programs that promote
quality and safety in the dispensing and use
of medicines;
(c) the applicant's participation in public health
programs relevant to the provision of
15
pharmacy services;
(d) the applicant's provision of affordable
pharmacy services to disadvantaged groups.
(4) The Board must not approve a registered funded
agency to carry on a pharmacy department unless
20
the Board has consulted with the Secretary.
(5) The Board may refuse to approve the use of any
premises as a pharmacy or pharmacy department
if the premises are freely accessible to persons
from other premises where a business or activity
25
other than that of providing pharmacy services is
carried out.
(6) A person approved by the Board under this
section must not authorise, cause or permit any
other person to carry on in the premises approved
30
under sub-section (1) any business or activity
unless that business or activity is approved by the
Board and specified in the approval.
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(7) The Board may impose any condition it thinks
appropriate on the approval of premises or a
pharmacy business or pharmacy department.
(8) The Board must not refuse to approve the
premises of a pharmacy business on the ground
5
that the Board itself disapproves of the
geographical location of those premises.
104. Establishment and operation of pharmacy depots
(1) A person approved to carry on a pharmacy
business or pharmacy department under
10
section 102 may, with the written approval of the
Board, establish a pharmacy depot at which--
(a) written prescriptions for the supplying,
compounding or dispensing of medicines
may be left for a registered pharmacist;
15
(b) medicines supplied, compounded or
dispensed by a registered pharmacist may be
left for collection by or on behalf of the
person to whom they are addressed.
(2) The Board may approve a pharmacy depot if
20
satisfied that--
(a) the premises of the pharmacy depot provide
secure storage for the prescriptions and
medicines referred to in sub-section (1); and
(b) the applicant will have suitable arrangements
25
at the depot to ensure that--
(i) client records are kept confidential and
secure; and
(ii) conversations at the depot can be
conducted between a registered
30
pharmacist and the person to whom the
medicines are dispensed; and
(iii) those conversations are able to be
conducted in confidence; and
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(c) the person who will operate the pharmacy
depot will be at least 18 years of age.
105. Notifications about pharmacy businesses and
pharmacy departments
(1) If--
5
(a) a person intends to establish or carry on a
pharmacy business; or
(b) a person approved to carry on a pharmacy
business intends to--
(i) cease carrying on the pharmacy
10
business; or
(ii) change the address of the premises of
the pharmacy business--
the person must notify the Board as soon as is
practicable.
15
Penalty: 10 penalty units.
(2) If a pharmacy department is to cease operation,
the person approved to carry on the pharmacy
department must notify the Board within 14 days
before the pharmacy department is closed.
20
Penalty: 10 penalty units.
Division 3--Pharmacists' Responsibilities
106. Notification by pharmacists
(1) A registered pharmacist must, within 14 days after
the pharmacist commences to supply, compound
25
or dispense medicines from a pharmacy or
pharmacy department, notify the Board of the
address of the pharmacy or pharmacy department.
Penalty: 10 penalty units.
(2) Sub-section (1) does not apply to a person who
30
has agreed in writing with the Board to notify the
Board in the circumstances agreed with the Board.
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107. Controls over the supply, compounding or
dispensing of medicines
(1) A registered pharmacist must not supply,
compound or dispense medicines except--
(a) from a pharmacy or pharmacy department
5
that is approved by the Board; or
(b) in any other special circumstances that are
approved by the Board in a particular case.
(2) A registered pharmacist providing pharmacy
services from a pharmacy or a pharmacy
10
department approved by the Board must not
permit any person to supply, compound or
dispense medicines except when the person is
doing so under the supervision of the registered
pharmacist.
15
108. Personal supervision of pharmacy or pharmacy
department
(1) A pharmacy or a pharmacy department must be
personally supervised by a registered pharmacist
at all times it is open for business.
20
(2) If pharmacy services are being provided at a
pharmacy or pharmacy department that is not
personally supervised by a registered
pharmacist--
(a) in the case of a pharmacy, the person
25
approved to carry on the pharmacy business
of that pharmacy; and
(b) in the case of a pharmacy department, the
person approved to carry on the pharmacy
department; and
30
(c) the registered pharmacist who is regularly
and usually in charge of the pharmacy or
pharmacy department; and
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(d) the registered pharmacist (if he or she is not
the pharmacist referred to in paragraph (c))
who had in respect of that period of time
been placed in charge of and had undertaken
to personally supervise the pharmacy or
5
pharmacy department--
are severally guilty of an offence and liable to a
penalty not exceeding 20 penalty units.
(3) It is a defence in a prosecution for a contravention
of this section if the defendant establishes that--
10
(a) he or she did not know and could not
reasonably have known that at the relevant
period of time the pharmacy or the pharmacy
department was being used to provide
pharmacy services and was not being
15
personally supervised by a registered
pharmacist; and
(b) he or she had reason to believe that at that
period of time the pharmacy or the pharmacy
department would be personally supervised
20
by a registered pharmacist.
(4) In this section "personally supervised by a
registered pharmacist" means personally
supervised by a registered pharmacist who is
present at the pharmacy or the pharmacy
25
department.
109. Access to closed pharmacies and pharmacy
departments
(1) The registered pharmacist who is regularly and
usually in charge of a pharmacy and the person
30
approved to carry on the pharmacy business must
not allow a person to have access to that pharmacy
when it is not open for business unless a registered
pharmacist is present.
Penalty: 20 penalty units.
35
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(2) The registered pharmacist who is regularly and
usually in charge of a pharmacy department and
the person approved to carry on the pharmacy
department must not allow a person to have access
to that pharmacy department when it is not open
5
for providing pharmacy services unless a
registered pharmacist is present.
Penalty: 20 penalty units.
Division 4--Other Requirements
110. Dispensing and recording of prescriptions
10
(1) A registered pharmacist must take reasonable
steps to ensure that the dispensing of a medicine
in accordance with a prescription or order is
consistent with the safety of the person named in
that prescription or order.
15
(2) A registered pharmacist must keep a record of
every prescription supplied, compounded or
dispensed by the pharmacist in accordance with
sub-section (3).
(3) The record of a prescription must be in English
20
and include--
(a) the name and address of the person to whom
the medicine is dispensed;
(b) the date the medicine is dispensed;
(c) the name and dose form of the medicine
25
dispensed;
(d) the strength or identifying formula;
(e) the quantity or number of doses ordered;
(f) the directions for the use of the medicine;
(g) any other ancillary written instructions
30
supplied on the label;
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(h) the name, address and telephone number of
the prescriber;
(i) any alteration to the original prescription;
(j) any other information concerning the
medicine and its use.
5
(4) The record of the prescription must--
(a) be retained in a secure place at the pharmacy
or pharmacy department for at least 3 years;
(b) be made at the time of dispensing or, in the
case of emergency, within 24 hours after the
10
dispensing;
(c) be certified by the registered pharmacist who
dispensed the prescription with his or her
handwritten signature within 24 hours after
the dispensing--
15
(i) in the prescription record; or
(ii) if the prescription record is made in a
manner which precludes handwritten
endorsement, in a separate record kept
for that purpose, that he or she
20
dispensed the prescription and the
certified record must be kept as part of
the prescription record;
(d) be readily retrievable by reference to the
name and address of the person to whom the
25
medicine was dispensed, the date of
dispensing and from information on the label
on the container.
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111. Security at pharmacy depots
The operator of a pharmacy depot must keep
secure--
(a) medicines left for collection at the depot
until they are collected by or on behalf of the
5
persons to whom they are addressed; and
(b) prescription and client records kept at the
depot.
Penalty: 20 penalty units.
Division 5--Approvals and Revocation of Approvals
10
112. Applications for approvals
A person may apply to the Board for approval
under this Part and the application must contain
the information required by the Board to
determine the application and be accompanied by
15
the fee fixed by the Board.
113. Revocation of approvals
(1) If the Board is satisfied that--
(a) in the case of a pharmacy business, the
person carrying on the pharmacy business
20
does not satisfy the requirements of section
101(1) or (2); or
(b) the person carrying on a pharmacy business,
pharmacy department or pharmacy depot--
(i) has failed to carry on the pharmacy
25
business, pharmacy department or
pharmacy depot in accordance with this
Act, the regulations or any conditions
of approval; or
(ii) has been convicted of an offence
30
against this Act or the regulations; or
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(iii) has contravened section 94 or the
guidelines issued under section 95 on
one or more occasions and, in the
Board's opinion, it is not in the public
interest that the person continue to
5
carry on a pharmacy business; or
(iv) is found guilty of an offence such that
in the Board's opinion it is not in the
public interest that the person continue
to carry on a pharmacy business,
10
pharmacy department or pharmacy
depot; or
(c) there has been a failure of security at the
pharmacy business, pharmacy department or
pharmacy depot that presents a serious risk
15
to public health and safety; or
(d) the premises of the pharmacy business,
pharmacy department or pharmacy depot are
unhygienic or no longer suitable for use as
such; or
20
(e) there has been a failure of good
pharmaceutical practice at the premises of
the pharmacy business, pharmacy
department or pharmacy depot that presents
a serious risk to public health and safety--
25
the Board may give notice in writing to the person
approved to carry on the pharmacy business,
pharmacy department or pharmacy depot.
(2) The notice may--
(a) revoke the approval at the end of 28 days
30
after the day on which the notice is given; or
(b) state an intention to revoke the approval
unless within a period (not being less than
28 days) specified in the notice satisfactory
arrangements are made to remedy any
35
specified failure or circumstance.
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(3) In determining whether to give a notice under sub-
section (2), the Board must consider--
(a) the conduct of the person carrying on the
pharmacy business, pharmacy department or
pharmacy depot; and
5
(b) the seriousness of any breaches of this Act,
the regulations or any condition of approval;
and
(c) whether the breaches could have been
avoided by the exercise of reasonable care;
10
and
(d) any circumstances that may prevent the
person from being able to continue to carry
on the pharmacy business, pharmacy
department or pharmacy depot in accordance
15
with this Act, the regulations or any
condition of approval.
Division 6--Offences
114. Use of title
(1) Section 80 does not apply to the use of a name or
20
a title, in respect of a pharmacy business, by a
person who is approved under section 102 to carry
on the pharmacy business if the pharmacy services
are provided by or under the supervision of a
registered pharmacist.
25
(2) A registered pharmacist who--
(a) carries on a pharmacy business; and
(b) does not personally provide pharmacy
services from the pharmacy--
is not to be treated for the purpose of this Act as
30
practising as a pharmacist in respect of that
pharmacy business.
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115. Claims by persons as to approval
(1) A person must not intentionally or recklessly use
the title "pharmacy", "pharmacy practice" or
"pharmacy business" except in relation to a
pharmacy or pharmacy business approved to
5
operate under section 102.
Penalty: 60 penalty units in the case of a natural
person and 300 penalty units in the case
of a body corporate.
(2) This section does not apply to the use of a name or
10
a title by or in relation to--
(a) a museum if--
(i) the words are used to identify premises
where items relating to the history of
pharmacy are exhibited; and
15
(ii) pharmacy services are not provided
from those premises; or
. (b) a teaching institution providing a course of
study in pharmacy practice; or
(c) professional associations representing
20
registered pharmacists; or
(d) any other person or body in circumstances
approved by the Board and notified in the
Government Gazette and any publication
circulating generally among registered
25
pharmacists.
116. Undue influence
A provision in a bill of sale, mortgage, lease or in
any other commercial arrangement in respect of a
pharmacy or pharmacy business that gives to any
30
person other than the person approved under
section 102 to carry on the pharmacy business--
(a) the right to control the manner in which the
pharmacy business is carried on; or
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(b) the right of access to books of accounts kept
in respect of that business, otherwise than for
the purpose of determining whether or not
the conditions of the relevant document are
being complied with; or
5
(c) the right to receive any consideration that
varies according to the profits or takings in
respect of the business--
is void.
__________________
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PART 7--ADMINISTRATION
Division 1--Responsible Boards
117. Existing and new boards
(1) The responsible boards referred to in Schedule 1
are established or continue in operation under and
5
subject to this Act.
(2) A responsible board--
(a) is a body corporate with perpetual
succession; and
(b) has a common seal; and
10
(c) may sue and be sued in its corporate name;
and
(d) may acquire, hold and dispose of real and
personal property; and
(e) may do and suffer all acts and things that a
15
body corporate may, by law, do and suffer.
(3) The common seal must be kept as directed by the
responsible board and must not be used except as
authorised by the responsible board.
(4) All courts must take judicial notice of the seal of
20
the responsible board on a document and, until the
contrary is proved, must presume that the
document was properly sealed.
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118. Powers and functions of responsible boards
(1) A responsible board has the following functions--
(a) to register persons who comply with the
requirements of this Act for registration so
that they may practise as health practitioners
5
in the health profession regulated by the
board or, in the case of students, undertake
clinical training in that health profession in
Victoria;
(b) to approve courses of study that provide
10
qualifications for registration as health
practitioners in the health profession
regulated by the board;
(c) to approve positions with a registered health
practitioner or any other person or body
15
providing regulated health services for
supervised practice required for registration
under section 5;
(d) to regulate the standards of practice in the
health profession regulated by the board in
20
the public interest;
(e) to investigate the professional
conduct, professional performance or ability
to practise of registered health practitioners
regulated by the board and impose sanctions
25
where necessary;
(f) to investigate the suitability of students
regulated by the board to undertake clinical
training and impose sanctions where
necessary;
30
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(g) to issue and publish codes for the guidance
of registered health practitioners regulated by
the board and registered students regulated
by the board about standards recommended
by the responsible board relating to the
5
provision of regulated health services and
about professional performance;
(h) to issue and publish guidelines about the
minimum terms and conditions of
professional indemnity insurance for
10
registered health practitioners regulated by
the board;
(i) to issue and publish guidelines about the
obtaining, possession, use, sale or supply of
Schedule 1, 2, 3, 4 and 8 poisons within the
15
meaning of the Drugs, Poisons and
Controlled Substances Act 1981 by health
practitioners registered under this Act;
(j) to issue and publish guidelines about
qualifications for registration or endorsement
20
of registration as a health practitioner
including supervised practice and
examinations;
(k) to initiate, promote, support, fund or
participate in programs that the responsible
25
board considers will improve health
practitioners' ability to practise and students'
ability to undertake clinical training;
(l) to advise the Minister on any matters relating
to its functions;
30
(m) when so requested by the Minister, give to
the Minister any information reasonably
required by the Minister;
(n) any other functions conferred on the
responsible board by this or any other Act.
35
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(2) The Chinese Medicine Registration Board of
Victoria has an additional function of issuing and
publishing codes for the guidance of Chinese
medicine practitioners and herbal dispensers
registered under this Act about standards
5
recommended by the Board relating to the practice
of Chinese medicine and the prescribing,
labelling, storage, dispensing and supply of
Chinese herbs including Schedule 1 poisons
within the meaning of the Drugs, Poisons and
10
Controlled Substances Act 1981.
(3) The Pharmacy Board of Victoria has the
additional function of approving pharmacies,
pharmacy businesses, pharmacy departments and
pharmacy depots for the purposes of Part 6.
15
(4) A responsible board has all the powers necessary
to enable it to perform its functions.
(5) If there is an inconsistency between any practice
recommended under a guideline or a code
published by a responsible board and a provision
20
of this Act or the regulations or any other Act or
regulations the provision of the Act or the
regulations prevails.
119. Consultation requirements
(1) In carrying out its functions and exercising its
25
powers, a responsible board must--
(a) consult with the Minister and have regard to
the Minister's advice; and
(b) have regard to the following objectives--
(i) to promote the safe use of regulated
30
health services and medicines;
(ii) to minimise the community's exposure
to health risks associated with the
provision of regulated health services;
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(iii) to promote the community's access to
regulated health services.
(2) A responsible board must not issue or publish any
guideline or code that relates to qualifications,
supervised practice or examinations for
5
registration or the scope of practice of registered
health practitioners or the scope of registration in
a division of the register unless the Minister has
approved the code or guideline.
(3) A responsible board, before publishing any codes
10
or guidelines referred to in section 118, must
consult with the Minister, health practitioners
registered by the board and consumers of
regulated health services affected by the codes or
guidelines.
15
(4) A responsible board is not required to consult in
accordance with sub-section (3) before publishing
any guidelines if, in the opinion of the board, there
is an immediate need to publish the guidelines to
address a matter of public health or safety.
20
120. Membership of a responsible board
(1) A responsible board consists of at least 9 and not
more than 12 members nominated by the Minister
and appointed by the Governor in Council.
(2) Of the persons appointed to a responsible board--
25
(a) at least half the members must be registered
health practitioners in the health profession
regulated by the board; and
(b) one must be a lawyer; and
(c) 3 must be persons who are not health
30
practitioners in the health profession
regulated by the board.
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121. Terms of office
(1) A member of a responsible board holds office for
the period, not exceeding 3 years, that is specified
in the instrument of appointment of the member.
(2) A member of a responsible board is eligible for
5
reappointment.
(3) The Public Administration Act 2004 (other than
Part 5 or except in accordance with Part 7 of that
Act) does not apply to a member in respect of the
office of member.
10
(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 for a period not exceeding
15
3 months to enable the vacancy in the member's
office to be filled.
122. Resignation and removal
(1) A member of a responsible board ceases to be a
member if he or she is absent, without leave first
20
being granted by the responsible board, from
3 consecutive meetings of which reasonable
notice has been given to that member, either
personally or by post.
(2) A member of a responsible board may resign the
25
office of member by writing signed by the
member and delivered to the Minister.
(3) The Governor in Council may at any time remove
a member of a responsible board from office.
(4) If a member of a responsible board dies, resigns or
30
is removed from office, the Minister may fill the
vacant position by appointing a person from a list
of persons approved by the Governor in Council
under sub-section (6).
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(5) A member appointed under sub-section (4) holds
office for the rest of the term of appointment of
the member whose place he or she fills.
(6) The Governor in Council, on the recommendation
of the Minister, may approve persons who are to
5
be available to fill vacancies in the office of
member under this section.
123. President and Deputy President
(1) The Governor in Council may, on the
recommendation of the Minister, appoint
10
members of a responsible board to be President
and Deputy President of the responsible board.
(2) The Minister may only recommend a member
who is a registered health practitioner appointed
under section 120(2)(a) for appointment to the
15
office of President or Deputy President, unless the
Minister considers that it is necessary for the good
operation of the board to recommend a member
who is not a registered health practitioner.
(3) A person appointed to an office under sub-
20
section (1) holds office for the term specified in
his or her instrument of appointment and is
eligible for reappointment.
(4) A person appointed to an office under sub-
section (1) may resign that office by writing
25
signed by the person and addressed to the
Minister.
(5) The Governor in Council may at any time remove
a person appointed under sub-section (1) from
office.
30
(6) A person appointed to an office under sub-
section (1) ceases to hold that office on ceasing to
be a member of the responsible board.
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124. Acting member
(1) If a member of the responsible board is unable to
perform the duties or functions of the office, the
Minister may appoint a person from the panel of
names approved by the Governor in Council under
5
section 122(6) who is qualified to be appointed as
that member to act as the member during the
period of inability.
(2) The terms and conditions of appointment for an
acting member are the same as for the member for
10
whom they act.
(3) The Minister may at any time terminate the
appointment.
(4) While the appointment of an acting member
remains in force, the acting member has and may
15
exercise all the powers and perform all the duties
and functions of the member.
125. Payment of members
(1) A member or acting member of a responsible
board, other than a member who is an employee
20
of the public service within the meaning of the
Public Administration Act 2004, is entitled to
receive the fees that are fixed from time to time by
the Governor in Council for that member.
(2) Each member or acting member of the responsible
25
board is entitled to receive the allowances that are
fixed from time to time by the Governor in
Council.
126. Procedure of responsible board
(1) The President or, in the absence of the President,
30
the Deputy President, must preside at a meeting of
the responsible board at which he or she is
present.
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(2) If neither the President nor Deputy President are
present at a meeting the members present may
elect a member to preside at the meeting.
(3) The person presiding at a meeting has a
deliberative vote and a second or casting vote.
5
(4) A majority of the members of the responsible
board currently holding office constitutes a
quorum.
(5) Subject to this Act the responsible board may
regulate its own proceedings.
10
127. Effect of vacancy or defect
An act or decision of the responsible board is not
invalid only because--
(a) of a vacancy in its membership; or
(b) of a defect or irregularity in the appointment
15
of any of its members; or
(c) in the case of an acting member, the occasion
for that member so acting had not arisen or
had ceased.
128. Member's interests
20
(1) A member who has a pecuniary or other interest in
any matter in which the responsible board is
concerned must--
(a) if the member is present at a meeting of the
responsible board at which the matter is to be
25
considered, disclose the nature of the interest
immediately before the consideration of that
matter; or
(b) if the member is aware that the matter is to
be considered at a meeting of the responsible
30
board at which the member does not intend
to be present, disclose the nature of the
interest to the President or Deputy President
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of the responsible board before the meeting
is held.
(2) The member--
(a) may take part in the discussion in the
meeting with the permission of the
5
responsible board; and
(b) must leave the meeting while any vote is
taken on a question relating to the matter.
129. Resolutions without meetings
(1) If--
10
(a) the responsible board has taken reasonable
steps to give notice to each member setting
out the terms of a proposed resolution; and
(b) a majority of the members for the time being
sign a document containing a statement that
15
they are in favour of the resolution in the
terms set out in the document--
a resolution in those terms is deemed to have been
passed at a meeting of the responsible board held
on the day on which the document is signed or, if
20
the members referred to in paragraph (b) do not
sign it on the same day, on the day on which the
last of those members signs the document.
(2) If a resolution is, under sub-section (1), deemed to
have been passed at a meeting of the responsible
25
board, each member must as soon as practicable
be advised of the matter and given a copy of the
resolution.
(3) For the purposes of sub-section (1), 2 or more
separate documents containing a statement in
30
identical terms, each of which is signed by one or
more members, are deemed to constitute one
document.
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(4) The majority of members referred to in sub-
section (1)(b) must not include a member who,
because of section 128, is not entitled to vote on
the resolution.
(5) This section does not apply to any resolution of
5
the responsible board relating to a matter being
considered under Part 3.
130. Approved methods of communication for
responsible board
(1) If not less than two-thirds of the members of a
10
responsible board for the time being holding
office so agree, a meeting of the responsible board
may be held by means of a method of
communication, or by means of a combination of
methods of communication, approved by the
15
President of the responsible board for the purposes
of that meeting.
(2) For the purposes of this Part, a member of the
responsible board who participates in a meeting
held as permitted by sub-section (1) is present at
20
the meeting even if he or she is not physically
present at the same place as another member
participating in the meeting.
(3) This section--
(a) applies to a meeting or a part of a meeting;
25
(b) does not apply to a meeting conducted for
the purposes of Part 3.
131. Immunity
(1) A member of the responsible board, the registrar
or a member of a panel or committee appointed by
30
a responsible board to exercise powers or
discharge duties under this Act is not personally
liable for anything done or omitted to be done in
good faith--
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(a) in the exercise of a power or the discharge of
a duty under this Act; or
(b) in the reasonable belief that the act or
omission was in the exercise of a power or
the discharge of a duty under this Act.
5
(2) Any liability resulting from an act or omission
that would but for sub-section (1), attach to a
member of the responsible board, the registrar or
the member of the panel or committee, attaches
instead to the responsible board.
10
132. Staff
A responsible board may employ a person to be
responsible for maintaining the register to be kept
by the board and any other persons that are
necessary for the purposes of administering this
15
Act.
133. Delegation
(1) A responsible board may, in writing, delegate to--
(a) a member of the responsible board; or
(b) the person responsible for maintaining the
20
register or any other member of the staff of
the responsible board--
its powers and functions under this Act, other
than--
(c) the power to refuse to grant or refuse to
25
renew registration or endorsement of
registration; or
(d) the power to impose or to amend, vary or
revoke conditions on registration or
endorsement of registration; or
30
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(e) the power to refuse to approve an application
under Part 6 or revoke an approval under
Part 6; or
(f) the power to impose conditions on an
approval under Part 6; or
5
(g) the power to conduct any hearing or to make
any determination under Part 3; or
(h) this power to delegate.
(2) A responsible board may, in writing, delegate to
the members of an investigations committee
10
established by the board under Schedule 2 any of
its powers and functions under Part 3 relating to
investigations of health practitioners or registered
students.
Division 2--Advisory Committees
15
134. Establishment of general committees
(1) A responsible board may establish advisory
committees for the purposes of obtaining expert
advice on any matter relating to the registration or
endorsement of registration of health practitioners
20
registered by the board under this Act.
(2) The responsible board may determine the matters
to be considered by a committee.
135. Establishment of prescribing practice advisory
committees
25
(1) A responsible board referred to in sub-section (3)
must establish an advisory committee to advise
the board about the following--
(a) in the case of nurses, the categories of nurse
practitioner for which a nurse's registration
30
may be endorsed under section 20;
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(b) the curriculum, content and standard of
courses of study that provide competence for
endorsement of registration under Division 2
of Part 2 that relates to poisons under the
Drugs, Poisons and Controlled Substances
5
Act 1981;
(c) the content and standard of clinical
experience that provide competence for each
endorsement of registration referred to in
paragraph (b);
10
(d) the guidelines for health practitioners with
endorsement of registration referred to in
paragraph (b);
(e) the Schedule 2, 3, 4 or 8 poisons within the
meaning of the Drugs, Poisons and
15
Controlled Substances Act 1981 that health
practitioners whose registration is endorsed
under Division 2 of Part 2 should be
authorised to obtain and have in his or her
possession and use, sell or supply under that
20
Act;
(f) the requirements for the on-going education
of health practitioners with endorsement of
registration referred to in paragraph (b).
(2) An advisory committee may advise the
25
responsible board about any other matter relating
to the endorsement of registration of health
practitioners referred to in sub-section (1)(b) or
about health practitioners whose registration has
that endorsement.
30
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(3) In this section, "responsible board" means--
(a) the Nurses Board of Victoria; or
(b) the Optometrists Registration Board of
Victoria; or
(c) the Podiatrists Registration Board of
5
Victoria.
136. Membership of committees
(1) The members of a committee are to be appointed
by the responsible board, and of the persons
appointed by the board--
10
(a) at least one person is to be a member of the
board; and
(b) the persons appointed are to have expertise
in the matters to be considered by the
committee.
15
(2) Without limiting sub-section (1), the members of
a committee appointed for the purposes of
section 135 must include--
(a) a medical practitioner registered under this
Act with expertise in clinical pharmacology;
20
and
(b) unless paragraph (c) applies--
(i) a health practitioner registered by the
responsible board with clinical
expertise relevant to health practitioners
25
registered by the responsible board; and
(ii) a registered medical practitioner with
clinical expertise relevant to health
practitioners registered by the
responsible board; and
30
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(c) in the case of nurses, if the committee is
considering a matter relating to a particular
category of nurse practitioner--
(i) a registered medical practitioner with
clinical expertise relevant to that
5
category of nurse practitioner; and
(ii) a registered nurse with clinical
expertise relevant to that category of
nurse practitioner; and
(d) an academic or educator in pharmacology;
10
and
(e) an academic or educator in the health
profession regulated by the responsible
board.
Division 3--Approval of Positions for Provisional
15
Registration
137. Approval of positions for provisional registration
(1) A responsible board may approve a position in a
hospital or institution for the supervised practice
or intern training of a person provisionally
20
registered under section 9.
(2) The board may amend, vary or revoke any
approval given under this section and may impose
conditions on an approval.
(3) A responsible board must not revoke approval of a
25
position under this section while a person is
undertaking supervised practice or intern training
in that position.
__________________
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PART 8--FINANCIAL PROVISIONS
138. Board funds
(1) A responsible board, except the Medical Radiation
Practitioners Board of Victoria, must continue to
be established and kept a fund in the name of the
5
responsible board.
(2) The Medical Radiation Practitioners Board of
Victoria must cause to be established and kept a
fund in the name of the Board
(3) All fees, fines and penalties paid or recovered by a
10
responsible board under this Act must be paid into
the fund administered by the board.
(4) A responsible board must pay any other money
received by it into the fund, including income
from the investments of the fund administered by
15
the board.
(5) The responsible board must pay--
(a) the expenses incurred by it in carrying out its
functions, powers and duties; and
(b) expenses incurred in initiating, promoting,
20
supporting or participating in programs
referred to in section 118(1)(k) and
providing funding for those programs; and
(c) any other expenses incurred in the
administration of this Act; and
25
(d) any payments to be made to members of the
responsible board under this Act and any
payments to be made to other persons under
this Act; and
(e) any other payments recommended by the
30
responsible board and approved by the
Minister.
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(6) A responsible board must pay out of its fund each
financial year an amount determined by the board
to meet the expenses of VCAT in performing
functions under this Act during that year.
(7) The amount in any financial year must not be less
5
than the amount (if any) specified in relation to
that year by the Attorney-General by written
notice given to the responsible board.
139. Investment powers
A responsible board may invest money credited to
10
the fund administered by the board that it does not
immediately require--
(a) in any manner in which money may be
invested under the Trustee Act 1958; or
(b) in any other manner that the Minister
15
approves.
140. Powers of responsible board in relation to fees
(1) In the case of any fee which the responsible board
is empowered to fix under this Act--
(a) the responsible board must fix the fee for a
20
period of 12 months and may amend or vary
the fee at the end of that period; and
(b) the responsible board may fix a different fee
for a different case and may allow for the
reduction, waiver or refund, in whole or in
25
part, of any fee; and
(c) the responsible board must publish any fee it
has fixed in the Government Gazette and on
a website on the Internet maintained by the
board.
30
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(2) In fixing fees under this Act the responsible board
is entitled to ensure that the amount of money
collected in fees under this Act is sufficient to
cover the cost to the responsible board of
administering this Act.
5
141. Repayment of advances
(1) The responsible board must pay into the Public
Account any amounts that the Minister
administering section 14 of the Financial
Management Act 1994, in consultation with the
10
Treasurer, determines are required to repay
advances from the Public Account for the
operation of the responsible board.
(2) Payments under sub-section (1) must be made in
accordance with any other terms and conditions
15
from time to time determined by the Minister
administering section 14 of the Financial
Management Act 1994 in consultation with the
Treasurer.
(3) The responsible board must, as and when directed
20
to do so by the Minister administering section 14
of the Financial Management Act 1994, provide
a plan for the repayment of advances referred to in
sub-section (1).
(4) The responsible board must at any time that the
25
Minister administering section 14 of the Financial
Management Act 1994 directs it to do so, report
to that Minister in writing on its progress in
making payments under sub-section (1).
__________________
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PART 9--ENFORCEMENT AND SUPPLEMENTARY
PROVISIONS
Division 1--General Provisions
142. Proceedings for offences
(1) The registrar or any other person employed by a
5
responsible board under section 132 who is
authorised by the responsible board may take
proceedings under this Act in the name of the
responsible board.
(2) Any prosecution instituted in the name of the
10
responsible board must, in the absence of
evidence to the contrary, be taken to have been
instituted by the responsible board.
(3) A person authorised by the Secretary may, in
addition to any other person referred to in sub-
15
section (1), take proceedings for an offence
against section 85, 88 or 90.
143. Authorisation of persons to assist in enforcement
(1) A responsible board may authorise the registrar or
any other person employed by the responsible
20
board under section 132 to carry out the functions
and exercise powers under this Part.
(2) A person authorised by the Secretary, in relation
to a contravention of section 85, 88 or 90, may
carry out the functions and may exercise the
25
powers of a person authorised by the responsible
board for the purposes of this Part.
(3) The registrar or any other person employed by the
Pharmacy Board of Victoria under section 132
who is authorised by the Board under sub-
30
section (1) may exercise powers under
section 145.
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144. Identification
(1) A responsible board must issue an identification
card to each person authorised by the responsible
board to carry out functions and exercise powers
under this Part for the purposes of this Act.
5
(2) The Secretary must issue an identification card to
each person authorised by the Secretary to carry
out functions and exercise powers under this Part
for the purposes of section 85, 88, 90.
(3) An authorised person must produce his or her
10
identity card for inspection--
(a) before exercising a power under this Part
other than a requirement made by post; and
(b) at any time during the exercise of a power
under this Part, if asked to do so.
15
Penalty: 10 penalty units.
145. Special powers of entry to pharmacies
(1) In order to ascertain whether the provisions of this
Act and the regulations are being complied with a
person authorised by the Pharmacy Board of
20
Victoria under section 143(3)--
(a) may enter upon the premises of any
pharmacy business, pharmacy department or
pharmacy depot or other place where
medicines are supplied, compounded or
25
dispensed; and
(b) may examine any room or part of the
premises so entered for the purpose of
inspecting stocks of medicines and other
goods in the premises or any equipment,
30
prescriptions, or other documents in the
premises; and
(c) may make or cause to be made copies of or
extracts from documents in the premises.
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(2) An authorised person may only enter the premises
of a pharmacy business, pharmacy department or
pharmacy depot when the pharmacy business,
pharmacy department or pharmacy depot is open
for business or providing pharmacy services.
5
(3) A copy of, or extract from, a document certified as
correct by an authorised person is deemed to be a
true and correct copy or extract for the purposes of
any investigation or hearing under this Act or any
review of any decision of the Board.
10
(4) A person must not--
(a) refuse or fail to admit an authorised person
requesting to enter upon premises under this
section; or
(b) cause or permit the refusal or failure referred
15
to in paragraph (a).
146. Pharmacy Board may examine documents
The Pharmacy Board of Victoria may--
(a) require a registered pharmacist or a person
approved under section 102 to submit for
20
examination at its offices any documents
kept by the pharmacist or person in
connection with the carrying on of a
pharmacy business; and
(b) direct that--
25
(i) copies of or extracts from the
documents be made and certified by the
registrar as true and correct copies or
extracts for the purpose of any
investigation or hearing under this Act
30
or any review of any decision of the
Pharmacy Board of Victoria; or
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(ii) the documents or any part of them be
held by the registrar in accordance with
this Part for the purpose of any
investigation or hearing under this Act
or any review of any decision of the
5
Pharmacy Board of Victoria.
147. General powers of entry with warrant
(1) A person appointed for that purpose by the
responsible board may apply to a magistrate for
the issue of a search warrant in relation to
10
particular premises if that person believes, on
reasonable grounds--
(a) that there is or has been a contravention of
this Act or the regulations on the premises;
or
15
(b) that entry into or onto the premises is
necessary for the purpose of investigating a
matter in a notification made under this Act
which, if substantiated, may provide grounds
for the suspension or cancellation of
20
registration of a health practitioner or student
by the responsible board or the revocation of
the approval of a pharmacy business,
pharmacy department or pharmacy depot.
(2) If a magistrate is satisfied by evidence on oath,
25
whether oral or by affidavit, that there are
reasonable grounds for suspecting that there is on
the premises a particular thing that may be
evidence of the commission of an offence against
this Act or the regulations or of grounds for the
30
suspension or cancellation of the registration of a
health practitioner or student or the revocation of
the approval of a pharmacy business, pharmacy
department or pharmacy depot, the magistrate
may issue a search warrant authorising any person
35
named in the warrant--
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(a) to enter the premises or the part of the
premises named or described in the warrant;
and
(b) to search for and seize a thing named or
described in the warrant; and
5
(c) to bring the thing before the Court so that the
matter may be dealt with according to law.
(3) A search warrant must be issued in accordance
with the Magistrates' Court Act 1989 and in a
form prescribed under that Act.
10
(4) In addition to any other requirement, a search
warrant issued for the purposes of this section
must state--
(a) the offence or grounds of suspension or
cancellation or revocation of approval
15
suspected; and
(b) the premises to be searched; and
(c) the name or a description of the thing to be
searched for; and
(d) any conditions to which the warrant is
20
subject; and
(e) whether entry is authorised to be made at any
time or during stated hours; and
(f) a day, not later than 7 days after the issue of
the warrant, on which the warrant ceases to
25
have effect.
(5) The rules to be observed with respect to search
warrants mentioned in the Magistrates' Court
Act 1989 extend and apply to warrants under this
section.
30
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148. Announcement before entry
(1) Immediately before executing a search warrant, a
person named in the warrant must announce that
he or she is authorised by the warrant to enter the
premises.
5
(2) The person need not comply with sub-section (1)
if he or she believes on reasonable grounds that
immediate entry to the premises is required to
ensure the safety of any person or that the
effective execution of the search warrant is not
10
frustrated.
149. Copy of warrant to be given
If the occupier or another person who apparently
represents the occupier is present at premises
when a search warrant is being executed, the
15
person or persons named in the warrant must--
(a) identify themselves to that person by
producing their identification card for
inspection by that person; and
(b) give to that person a copy of the execution
20
copy of the warrant.
150. Copies or receipts to be given
(1) If a person seizes--
(a) a document, disk or tape or other thing that
can be readily copied; or
25
(b) a storage device the information in which
can be readily copied--
under this Part the person, on request by the
occupier or the person from whom it was seized,
must give a copy of the thing or information to the
30
occupier or person as soon as practicable after the
seizure.
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(2) If a person seizes a thing under this Part and has
not provided a copy of the thing or information
under sub-section (1) the person must provide a
receipt for that thing as soon as practicable after
the seizure.
5
151. Copies of seized documents
(1) If an authorised person retains possession of a
document taken or seized from a person under this
Part, the authorised person must give the person,
within 21 days of the seizure, a copy of the
10
document certified as correct by the authorised
person.
(2) A copy of a document certified under sub-
section (1) shall be received in all courts and
tribunals to be evidence of equal validity to the
15
original.
152. Retention and return of seized documents or things
(1) If an authorised person seizes a document or other
thing under this Part, the authorised person must
take reasonable steps to return the document or
20
thing to the person from whom it was seized if the
reason for its seizure no longer exists.
(2) If the document or thing seized has not been
returned within 3 months after it was seized, the
authorised person must take reasonable steps to
25
return it unless--
(a) proceedings for the purpose for which the
document or thing was retained have
commenced within that 3 month period and
those proceedings (including any appeal)
30
have not been completed; or
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(b) the Magistrates' Court makes an order under
section 153 extending the period during
which the document or thing may be
retained.
153. Magistrates' Court may extend 3 month period
5
(1) An authorised person may apply to the
Magistrates' Court--
(a) within 3 months after seizing a document or
other thing under this Part; or
(b) if an extension has been granted under this
10
section, before the end of the period of the
extension--
for an extension (not exceeding 3 months) of the
period for which the authorised person may retain
the document or thing but so that the total period
15
of retention does not exceed 12 months.
(2) The Magistrates' Court may order such an
extension if it is satisfied that--
(a) it is in the interests of justice; and
(b) the total period of retention does not exceed
20
12 months; and
(c) retention of the document or other thing is
necessary--
(i) for the purposes of an investigation into
whether a contravention of this Act or
25
the regulations has occurred; or
(ii) to enable evidence of a contravention of
this Act or the regulations to be
obtained for the purposes of a
proceeding under this Act; or
30
(iii) for the purpose of investigating a matter
in a notification made under this Act
which, if substantiated, may provide
grounds for the suspension or
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cancellation of registration of a health
practitioner or student or the revocation
of the approval of a pharmacy business,
pharmacy department or pharmacy
depot.
5
(3) At least 7 days before the hearing of an
application under this section, notice of the
application must be sent to the owner of the
document or thing described in the application.
154. Protection against self-incrimination
10
(1) It is a reasonable excuse for a natural person to
refuse or fail to give information or do any other
thing that the person is required to do by or under
this Act (except under section 101(7)), if the
giving of the information or the doing of that other
15
thing would tend to incriminate the person.
(2) Despite sub-section (1), it is not a reasonable
excuse for a natural person to refuse or fail to
produce a document that the person is required to
produce by or under this Act, if the production of
20
the document would tend to incriminate the
person.
155. Offence to give false or misleading information
A person must not--
(a) give information to an authorised person
25
under this Act that the person believes to be
false or misleading in any material
particular; or
(b) produce a document to an authorised person
under this Act that the person knows to be
30
false or misleading in a material particular
without indicating the respect in which it is
false or misleading and, if practicable,
providing correct information.
Penalty: 60 penalty units.
35
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156. Offence to hinder or obstruct authorised person
A person must not, without reasonable excuse,
hinder or obstruct an authorised person who is
exercising a power under this Part.
Penalty: 60 penalty units.
5
Division 2--Special Powers for Provisional Registration
157. Examination of intern training records
A member of a responsible board or a person
authorised in writing by the board may, at any
reasonable time, for the purposes of approving or
10
reviewing the approval of positions for supervised
practice or intern training in a hospital or other
institution--
(a) enter and inspect the hospital or institution;
and
15
(b) inspect and examine any records relating to
the positions or facilities for the positions
which are kept on the premises and copy or
take extracts from those records; and
(c) require the Director of Medical Services or
20
any person performing similar functions to
provide any information relating to the
positions or proposed positions.
__________________
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PART 10--GENERAL
158. Regulations
(1) The Governor in Council may make regulations
for or with respect to--
(a) registration of health practitioners and
5
students, including periods of registration
and renewal of registration, and applications
for registration and renewal of registration;
(b) the register to be kept by a responsible board,
divisions of the register, particulars to be
10
noted on the register and the manner of
keeping the register;
(c) the approval of pharmacies, pharmacy
businesses, pharmacy departments and
pharmacy depots;
15
(d) the maintenance by registered pharmacists of
records of dispensing of medicines;
(e) forms for the purposes of this Act;
(f) time limits for the purposes of this Act;
(g) penalties, not exceeding 10 penalty units, for
20
breaches of the regulations;
(h) any matter or thing required or permitted to
be prescribed or necessary to be prescribed
to give effect to this Act.
(2) The regulations--
25
(a) may be of general or limited application; and
(b) may differ according to differences in time,
place or circumstance; and
(c) may apply, adopt or incorporate any matter
contained in any document, code, standard,
30
rule, specification, or method, formulated,
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issued, prescribed or published by any
person whether--
(i) wholly or partially or as amended by
the regulations; or
(ii) as formulated, issued, prescribed or
5
published at the time the regulations are
made or at any time before then; or
(iii) as formulated, issued, prescribed or
published from time to time; and
(d) may leave anything for the approval or
10
satisfaction of a specified person.
159. Minister's powers of approval
(1) The Minister may approve any matter required or
permitted to be approved by the Minister for the
purposes of this Act.
15
(2) An approval of the Minister may be subject to any
condition specified in the approval.
(3) The Minister may grant or refuse to grant an
approval under this section on the application of a
responsible board or on the Minister's own
20
motion.
(4) The Minister may revoke an approval granted by
the Minister under this Act.
160. Provision of information to Minister
(1) A responsible board must collect and keep
25
information that the board receives in carrying out
its functions under this Act.
(2) A responsible board must provide to the Minister
any of the information kept under sub-section (1)
that is reasonably required by the Minister for
30
planning the workforce of health practitioners in
Victoria.
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(3) A responsible board must not provide information
to the Minister in a form that identifies any
individual health practitioner.
161. Disclosure of information to other agencies
(1) A responsible board may disclose information
5
relating to health practitioners or students
registered by the board or to applicants for
registration by the board that it collects or is given
under this Act or the regulations to--
(a) another responsible board;
10
(b) a person or body established under a law of
another jurisdiction that has functions or
powers that correspond to the functions or
powers of a responsible board under this Act.
(2) A responsible board may only disclose
15
information in accordance with this section for the
purpose of--
(a) fulfilling its functions under this Act;
(b) assisting a person or body referred to in sub-
section (1)(a) or (b) to fulfil their functions.
20
__________________
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PART 11--AMENDMENTS, REPEALS, TRANSITIONALS
AND SAVINGS
Division 1--Repeals, Savings and Transitionals
162. Definition
In this Division--
5
"repealed provision" means an Act or provision
referred to in section 163.
163. Repeals
(1) The following Acts are repealed--
(a) the Chinese Medicine Registration Act
10
2000;
(b) the Chiropractors Registration Act 1996;
(c) the Dental Practice Act 1999;
(d) the Medical Practice Act 1994;
(e) the Nurses Act 1993;
15
(f) the Optometrists Registration Act 1996;
(g) the Osteopaths Registration Act 1996;
(h) the Pharmacy Practice Act 2004;
(i) the Physiotherapists Registration Act
1998;
20
(j) the Podiatrists Registration Act 1997;
(k) the Psychologists Registration Act 2000.
(2) Section 108AL of the Health Act 1958 is
repealed.
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164. Saving of references
(1) On and from the commencement of section 163
unless the context otherwise requires, in any Act
(other than this Act), or in any instrument made
under any Act or in any other document of any
5
kind a reference to a repealed provision must be
read as a reference to this Act.
(2) If a repealed provision required a reference in an
Act, subordinate instrument or other instrument or
document to a person or body to be construed as a
10
reference to another person or body, the repeal of
that provision does not affect the construction of
that reference in that Act, instrument or document,
unless the contrary intention appears.
165. Establishment of Board
15
(1) There is established the Medical Radiation
Practitioners Board of Victoria.
(2) The Board--
(a) is a body corporate with perpetual
succession; and
20
(b) has a common seal; and
(c) may sue and be sued in its corporate name;
and
(d) may acquire, hold and dispose of real and
personal property; and
25
(e) may do and suffer all acts and things that a
body corporate may, by law, do and suffer.
(3) The common seal must be kept as directed by the
Board and must not be used except as authorised
by the Board.
30
(4) All courts must take judicial notice of the seal of
the Board on a document and, until the contrary is
proved, must presume that the document was
properly sealed.
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(5) The first members of the Board are the persons
who, immediately before the commencement of
section 163, were members of the Medical
Radiation Technologists Board of Victoria
established under the Health Act 1958.
5
(6) The Board is a responsible board for the purposes
of this Act.
166. Responsible boards continue under this Act
(1) On the repeal of an Act referred to in
section 163(1)--
10
(a) a responsible board established under the
repealed Act continues in operation under
and subject to this Act and its members
remain in office for the period of their
appointment to that office; and
15
(b) any rights, assets, liabilities and obligations
of the responsible board under the repealed
Act, immediately before the commencement
of section 163, become rights, assets,
liabilities and obligations of the responsible
20
board under this Act; and
(c) the responsible board continues to be a party
in any proceeding, contract, agreement or
arrangement commenced or made by, against
or in relation to the board under the repealed
25
Act; and
(d) the responsible board may continue and
complete any other continuing matter or
thing commenced by, against or in relation to
that board under the repealed Act; and
30
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(e) the funds administered in the name of a
responsible board under that Act
immediately before the commencement of
section 163 continue to be funds
administered by that board under
5
section 138; and
(f) any moneys or amounts standing to the credit
of any fund or account of the responsible
board, immediately before the repeal of the
Act, continue to form part of the fund or
10
account administered by the responsible
board under section 138.
(2) The assets that become assets of the responsible
board under sub-section (1)--
(a) if they are moneys or amounts standing to
15
the credit of any fund or account of the
responsible board, must be taken to form part
of the fund administered by the board under
section 138; and
(b) if they are assets in which the funds of the
20
responsible board have been invested, must
be taken to be investments of the fund
administered by the board under section 138.
(3) Sections 120(1) and (2) do not apply to a
responsible board until 30 December 2007.
25
(4) A reference in any Act (other than this Act) or in
any subordinate instrument within the meaning of
the Interpretation of Legislation Act 1984 to a
responsible board established under an Act
repealed by section 163(1) must, on and after the
30
commencement of this section, be construed as a
reference to that responsible board continued in
operation under this Act unless the context
otherwise requires.
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167. Additional savings and transitionals for new Board
(1) On and from the commencement of section 165, a
reference in any Act (other than this Act) or in any
subordinate instrument within the meaning of the
Interpretation of Legislation Act 1984 to the
5
Medical Radiation Technologists Board of
Victoria must, on and after the commencement of
this section, be construed as a reference to the
Medical Radiation Practitioners Board of Victoria
established under section 165 unless the context
10
otherwise requires.
(2) If an investigation or inquiry into the activities,
professional conduct, performance or capacity to
practise of a health practitioner registered under
regulations made under section 108AL of the
15
Health Act 1958 has commenced but not been
completed before the repeal of that provision--
(a) that investigation or inquiry may be
completed on and after that date by the
Medical Radiation Technologists Board of
20
Victoria as if that provision had not been
repealed; and
(b) any appeal or other further proceedings
which might have been taken in relation to
that investigation or inquiry under the
25
repealed provision or regulations made under
that provision may be taken on and after that
date by the Medical Radiation Technologists
Board of Victoria as if that provision or the
regulations had not been repealed.
30
(3) The Medical Radiation Practitioners Board of
Victoria must give effect to a decision made on an
inquiry, investigation or appeal or further
proceeding completed by the Medical Radiation
Technologists Board of Victoria as if it were a
35
decision under this Act.
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(4) In the case of activities of a health practitioner
who was registered by the Medical Radiation
Technologists Board of Victoria which occurred
before the commencement of section 163 and in
respect of which no investigation, inquiry, hearing
5
or other proceeding have been commenced under
the repealed provision, this Act applies to the
extent that there was power to conduct an
investigation, inquiry, hearing or other proceeding
under the repealed provision into those activities.
10
(5) Any determination or outcome of a hearing into
those activities must be one that would have been
available as a finding or decision in an
investigation, inquiry, hearing or other proceeding
by the Medical Radiation Technologists Board of
15
Victoria under the repealed provision.
168. Existing proceedings before a responsible board
(1) If an investigation or inquiry into the activities,
professional conduct, performance or capacity to
practise of a health practitioner registered under a
20
repealed provision or the capacity of a student
registered under a repealed provision to undertake
training has commenced but not been completed
before the repeal of that Act or provision--
(a) that investigation or inquiry may be
25
completed on and after that date by the
responsible board as if that Act or provision
had not been repealed; and
(b) any appeal or other further proceedings
which might have been taken in relation to
30
that investigation or inquiry under the
repealed Act or provision may be taken on
and after that date by the responsible board
or VCAT as if that Act or provision had not
been repealed.
35
167
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(2) The responsible board must give effect to a
decision made on an inquiry, investigation or
appeal or further proceeding completed by the
board or VCAT as if it were a decision under this
Act.
5
(3) This section does not apply to activities that are
the subject of proceedings to which section 167
applies.
169. What if no proceedings started before
commencement of this Act?
10
(1) In the case of activities of a person who is deemed
by section 170 to be a health practitioner or
student registered under this Act which occurred
before the commencement of section 163 and in
respect of which no investigation, inquiry, hearing
15
or other proceeding have been commenced under
the repealed provision, this Act applies to the
extent that there was power to conduct an
investigation, inquiry, hearing or other proceeding
under the repealed provision into those activities.
20
(2) Any determination or outcome of a hearing into
those activities must be one that would have been
available as a finding or decision in an
investigation, inquiry, hearing or other proceeding
by the responsible board under the repealed
25
provision.
(3) This section does not apply to activities that are
the subject of proceedings to which section 167
applies.
170. Existing registrations
30
(1) A person who had general registration as a health
practitioner under a repealed provision
immediately before the commencement of Part 2
of this Act is deemed to have general registration
as that kind of health practitioner under section 6
35
of this Act.
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(2) A nurse who had registration as a nurse in a
division of the register under the Nurses Act
1993, immediately before the commencement of
Part 2 of this Act, is deemed to have general
registration under section 6 of this Act in that
5
division of the register.
(3) A nurse who had restricted registration as a nurse
under section 8 of the Nurses Act 1993,
immediately before the commencement of Part 2
of this Act, is deemed to have specific registration
10
under section 7 of this Act.
(4) A person who had specific registration as a
medical practitioner under section 8(1)(f) of the
Medical Practice Act 1994, immediately before
the commencement of Part 2 of this Act, is
15
deemed to have non-practising registration under
section 11 of this Act.
(5) A person who had registration under the Health
Act 1958 to practise radiography or nuclear
medicine technology as a medical imaging
20
technologist immediately before the
commencement of Part 2 of this Act is deemed to
be qualified under section 5 of this Act to be
registered by the Medical Radiation Practitioners
Board of Victoria as a radiographer for 12 months
25
after that date of commencement.
(6) A person who had registration under the Health
Act 1958 to practise radiography or nuclear
medicine technology as a radiation therapy
technologist immediately before the
30
commencement of Part 2 of this Act is deemed to
be qualified under section 5 of this Act to be
registered by the Medical Radiation Practitioners
Board of Victoria as a radiation therapist for
12 months after that date of commencement.
35
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(7) A person who had registration under the Health
Act 1958 to practise radiography or nuclear
medicine technology as a nuclear medicine
technologist immediately before the
commencement of Part 2 of this Act is deemed to
5
be qualified under section 5 of this Act to be
registered by the Medical Radiation Practitioners
Board of Victoria as a nuclear medicine
technologist for 12 months after that date of
commencement.
10
(8) A dentist who had registration in a subdivision of
dental specialists under the Dental Practice Act
1999 immediately before the commencement of
Part 2 of this Act is deemed to have registration
under section 6 of this Act with an endorsement
15
under section 27 to practise as a dental specialist.
(9) A person whose registration as a health
practitioner was endorsed under a repealed
provision immediately before the commencement
of Part 2 of this Act is deemed to have that
20
registration with that endorsement under this Act.
(10) A person who had specific registration as a health
practitioner under a repealed provision
immediately before the commencement of Part 2
of this Act is deemed to have specific registration
25
under section 7 of this Act as that kind of health
practitioner.
(11) A person who had registration as a student to
undertake clinical training under a repealed
provision immediately before the commencement
30
of Part 2 of this Act is deemed to have registration
as a student under section 8 of this Act to
undertake that clinical training.
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(12) A person who, immediately before the
commencement of Part 2 of this Act, had
registration as a student under the Pharmacy
Practice Act 2004 to undertake or complete any
period of supervised training required under
5
section 5(b) or 17(a) of that Act is deemed to have
provisional registration under section 9 of this Act
to undertake or complete that supervised training.
(13) A person who had provisional or probationary
registration as a health practitioner under a
10
repealed provision immediately before the
commencement of Part 2 of this Act is deemed to
have provisional registration under section 9 of
this Act as that kind of health practitioner.
(14) A person who had interim registration as a health
15
practitioner under a repealed provision
immediately before the commencement of Part 2
of this Act is deemed to have interim registration
under section 10 of this Act as that kind of health
practitioner.
20
(15) A person who had non-practising registration as a
health practitioner under a repealed provision
immediately before the commencement of Part 2
of this Act is deemed to have non-practising
registration under section 11 of this Act as that
25
kind of health practitioner.
(16) A person who was registered with post-graduate
qualifications noted on the person's registration
under a repealed provision immediately before the
commencement of Part 2 of this Act is deemed to
30
be registered with those qualifications noted on
the person's registration under section 12 of this
Act.
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(17) If a person is deemed to be registered under this
section and the registration of that person under a
repealed provision, immediately before the
commencement of section 163, was suspended,
the registration of that person under this Act is
5
deemed to be suspended for the remainder of the
period for which that person's registration would
have been suspended under the repealed
provision.
(18) If a person is deemed to be registered under this
10
section and the registration of that person under a
repealed provision, immediately before the
commencement of section 163, was subject to
conditions, the registration of that person under
this Act is deemed to be subject to the same
15
conditions as those to which the registration under
a repealed provision was subject.
(19) A reference in any Act (other than this Act), a
subordinate instrument within the meaning of the
Interpretation of Legislation Act 1984 or any
20
other document to a health practitioner registered
under a repealed provision who is deemed by this
section to be registered or qualified to be
registered under this Act must, on and after the
commencement of this section, be construed as a
25
reference to the health practitioner registered
under this Act unless the context otherwise
requires.
171. Expiry of existing registrations
(1) Despite section 170, the deemed registration of a
30
health practitioner under that section continues in
operation unless sooner cancelled for the
remainder of the period that the person was
registered under the repealed provision or until
30 June in the year following the commencement
35
of section 163, whichever occurs first.
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(2) Despite section 108AL of the Health Act 1958
and any regulations made for the purpose of that
section, the Medical Radiation Technologists
Board of Victoria may--
(a) grant registration or provisional registration
5
under that section or those regulations for
any period fixed by the Board; and
(b) charge a reduced fee or charge no fee for that
registration having regard to the period of
registration granted by the Board.
10
172. Existing registers
(1) A register of health practitioners and students
including the divisions of the register that was
established by a responsible board under a
repealed provision immediately before the
15
commencement of Part 2 of this Act is deemed to
be the register kept by the corresponding board
under this Act.
(2) Despite sub-section (1), the division of registered
students and the subdivision of dental specialists
20
in the register of dental care providers kept by the
Dental Practice Board of Victoria are abolished
and the register is to consist of 4 divisions as
follows--
(a) a division of dentists;
25
(b) a division of dental prosthetists;
(c) a division of dental hygienists consisting of
the former sub-division of dental hygienists;
(d) a division of dental therapists consisting of
the former sub-division of dental therapists.
30
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(3) Despite sub-section (1), the register kept by the
Medical Radiation Practitioners Board of Victoria
is to consist of 3 divisions as follows--
(a) a division of radiographers;
(b) a division of radiation therapists;
5
(c) a division of nuclear medicine technologists.
(4) A person who was registered as a health
practitioner in a particular division of a register
under a repealed provision immediately before the
commencement of Part 2 of this Act is deemed to
10
be registered in the equivalent division of the
register under this Act.
173. Existing pharmacies, pharmacy departments and
pharmacy depots
(1) If a pharmacy business, pharmacy department or
15
pharmacy depot was established or carried on
from premises that were approved by the
Pharmacy Board of Victoria before the
commencement of section 163--
(a) the premises are deemed to be approved
20
under Part 6 of this Act; and
(b) the pharmacy business, pharmacy
department or pharmacy depot that was
carried on from those premises before that
date is deemed to be approved under Part 6
25
of this Act; and
(c) any person approved to carry on the
pharmacy business, pharmacy department or
pharmacy depot is deemed to be so approved
under Part 6 of this Act.
30
(2) Section 101(2) does not apply to a person who, on
or before 16 November 2004 owned or had a
proprietary interest in more than 5 pharmacy
businesses carried on at premises approved by the
Pharmacy Board of Victoria under the
35
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Pharmacists Act 1974 before that date or at
premises approved by the Pharmacy Board of
Victoria under the Pharmacy Practice Act 2004
or this Act in respect of any of those businesses.
(3) If a person referred to in sub-section (2) acquires
5
ownership or a proprietary interest in another
pharmacy business after 16 November 2004, the
person's ownership or interest in a pharmacy
business referred to in sub-section (2) as at the
date of the new acquisition must be taken into
10
account in calculating the number of pharmacy
businesses the person owns or has a proprietary
interest in for the purposes of section 101(2).
174. Cap on growth of pharmacy ownership for friendly
society type companies
15
(1) In this section, a reference to--
"own", in relation to a pharmacy business,
includes a reference to having a proprietary
interest in the pharmacy business.
(2) This section only applies--
20
(a) during the period commencing on 1 July
2007 and ending on 16 November 2008
("the applicable period"); and
(b) to a pharmacy business if the business is
carried on at premises approved or deemed
25
to be approved by the Pharmacy Board of
Victoria under the Pharmacy Practice Act
2004 before 1 July 2007 or under this Act on
or after that date.
(3) A company referred to in section 101(1)(c), (d)
30
or (e) must not during the applicable period
acquire ownership of any pharmacy business,
except in accordance with this section.
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(4) Sub-section (3) does not apply to a company
that--
(a) immediately before 16 November 2004, did
not own a pharmacy business or owned less
than 6 pharmacy businesses and, after that
5
date, acquired ownership of any pharmacy
business so that the total number of
pharmacy businesses owned by the company
at any one time in the applicable period does
not exceed 6; or
10
(b) immediately before 16 November 2004,
owned 6 or more pharmacy businesses and
after 16 November 2004, acquired ownership
of any additional pharmacy business so that
the total number of pharmacy businesses
15
owned by the company at any one time in the
applicable period does not exceed 30% more
than the number of pharmacy businesses that
the company owned immediately before
16 November 2004.
20
(5) Sub-section (3) does not apply to a company
referred to in section 101(1)(e) that was formed by
amalgamation on or after 16 November 2004 if
the number of pharmacy businesses the company
owns at any one time during the applicable period
25
does not exceed the total of the number of
pharmacy businesses referred to in paragraphs (a)
and (b) that were owned individually by each of
the companies that were amalgamated to form the
company--
30
(a) in the case of a company that formed part of
the amalgamation and, immediately before
16 November 2004, did not own a pharmacy
business or owned less than 6 pharmacy
businesses, 6 pharmacy businesses; and
35
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(b) in the case of any other company that formed
part of the amalgamation, 30% more than the
number of pharmacy businesses that the
company owned immediately before
16 November 2004.
5
(6) For the purposes of this section, the number of
pharmacy businesses owned by a company
referred to in section 101(1)(c) includes any
pharmacy business owned by a wholly owned
subsidiary of that company if the subsidiary was
10
acquired or incorporated on or after 16 November
2004.
(7) For the purposes of calculating the total number of
pharmacy businesses owned by a company under
sub-section (4)(b) or (5), the total number of
15
pharmacy businesses may be rounded up to the
next whole number.
175. References to health practitioners
In--
(a) an Act; or
20
(b) a subordinate instrument within the meaning
of the Interpretation of Legislation Act
1984; or
(c) any document whatever--
in relation to any period occurring on or after the
25
commencement of this section, unless inconsistent
with the context or subject-matter, a reference to a
health practitioner registered under a repealed
provision is to be taken to be a reference to that
health practitioner registered under this Act.
30
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Part 11--Amendments, Repeals, Transitionals And Savings
s. 176
176. Board and list members become members of VCAT
(1) On the commencement of section 163--
(a) each person who, immediately before that
day was the member of a responsible board
appointed as a lawyer becomes a member of
5
VCAT as if he or she had been appointed
under section 14 of the Victorian Civil and
Administrative Tribunal Act 1998;
(b) each person who, immediately before that
day, was listed as a person approved by the
10
Governor in Council to be appointed to a
hearing panel for a formal hearing
established by a responsible board under an
Act repealed by section 163(1) and was
registered as a health practitioner by that
15
board becomes a member of VCAT as if he
or she had been appointed under section 14
of the Victorian Civil and Administrative
Tribunal Act 1998.
(2) A person referred to in sub-section (1)--
20
(a) in the case of a person referred to in sub-
section (1)(a), holds office as a member of
VCAT for the balance of the term of his or
her appointment to the responsible board;
(b) in the case of a person referred to in sub-
25
section (1)(b), holds office as a member of
VCAT for 5 years from the day of
commencement of section 163;
(c) holds office as a member of VCAT and may
resign or be removed in accordance with the
30
Victorian Civil and Administrative
Tribunal Act 1998;
(d) is eligible for re-appointment to VCAT at the
expiry of his or her term.
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177. Interpretation of Legislation Act 1984
Nothing in this Division affects or limits the
operation of the Interpretation of Legislation
Act 1984 unless the contrary intention appears.
Act No.
Division 2--Drugs, Poisons and Controlled Substances
5 9719.
Act 1981
178. Consequential amendments
(1) In section 4(1) of the Drugs, Poisons and
Controlled Substances Act 1981, the definitions
of "authorised practitioner", "dentist", "nurse
10
practitioner", "pharmacist", "registered Chinese
herbal dispenser", "registered Chinese medicine
practitioner", "registered medical practitioner" and
"registered optometrist" are repealed.
(2) In section 4(1) of the Drugs, Poisons and
15
Controlled Substances Act 1981, insert the
following definitions--
' ''authorised practitioner" means a pharmacist
whose registration has been endorsed by the
Pharmacy Board of Victoria under the
20
Health Professions Registration Act 2005
as qualified to obtain, possess, use, sell or
supply but not to prescribe Schedule 1
poisons;
"dentist" means a person registered in the
25
dentists' division of the register kept by the
Dental Practice Board of Victoria under the
Health Professions Registration Act 2005;
"nurse practitioner" means a nurse whose
registration has been endorsed by the Nurses
30
Board of Victoria under section 20 of the
Health Professions Registration Act
2005--
(a) to use the title nurse practitioner; and
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(b) as being qualified to obtain and have in
his or her possession and to use, sell or
supply Schedule 2, 3, 4 or 8 poisons
that are approved by the Minister under
this Act;
5
"pharmacist" means a pharmacist registered by
the Pharmacy Board of Victoria under the
Health Professions Registration Act 2005;
"registered Chinese herbal dispenser" means a
person registered as a Chinese herbal
10
dispenser by the Chinese Medicine
Registration Board of Victoria under the
Health Professions Registration Act 2005;
"registered Chinese medicine practitioner"
means a person registered as a Chinese
15
herbal medicine practitioner by the Chinese
Medicine Registration Board of Victoria
under the Health Professions Registration
Act 2005;
"registered medical practitioner" means a
20
medical practitioner registered by the
Medical Practitioners Board of Victoria
under the Health Professions Registration
Act 2005;
"registered optometrist" means an optometrist
25
registered by the Optometrists Registration
Board of Victoria under the Health
Professions Registration Act 2005;
"registered podiatrist" means a podiatrist
registered by the Podiatrists Registration
30
Board of Victoria under the Health
Professions Registration Act 2005;'.
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179. Endorsements of registration
(1) In section 13 of the Drugs, Poisons and
Controlled Substances Act 1981--
(a) in sub-section (1)(ba) for "prescribed in the
regulations" substitute "approved by the
5
Minister";
(b) in sub-section (1)(c)--
(i) for "section 11 of the Optometrists
Registration Act 1996" substitute
"the Health Professions Registration
10
Act 2005";
(ii) for "Schedule 4 poison" substitute
"Schedule 2, 3 or 4 poison for
opthalmic use that is approved by the
Minister and";
15
(c) in sub-section (1)(d) and (e)--
(i) for "section 8 of the Chinese Medicine
Registration Act 2000" substitute
"the Health Professions Registration
Act 2005";
20
(ii) after "poison" insert "that is approved
by the Minister";
(d) in sub-section (2A) for "Schedule 4"
substitute "Schedule 2, 3 or 4";
(e) in sub-section (3A)(a), for "section 8 of the
25
Chinese Medicine Registration Act 2000"
substitute "the Health Professions
Registration Act 2005";
(f) in sub-section (6), for "Part 3 of the
Pharmacy Practice Act 2004" substitute
30
"Part 6 of the Health Professions
Registration Act 2005".
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(2) After section 13(1)(c) of the Drugs, Poisons and
Controlled Substances Act 1981 insert--
"(ca) any registered podiatrist whose registration is
endorsed under the Health Professions
Registration Act 2005 is hereby authorised
5
to obtain and have in his or her possession
and to use, sell or supply any Schedule 2, 3
or 4 poison approved by the Minister and
specified in the endorsement in the lawful
practice of his or her profession as a
10
registered podiatrist; and".
(3) After section 13(2A) of the Drugs, Poisons and
Controlled Substances Act 1981 insert--
"(2AB) Sub-section (1)(ca) shall not be construed as
authorising a registered podiatrist referred to
15
in that paragraph to sell or supply any
Schedule 2, 3 or 4 poison by retail in an open
shop unless the podiatrist is licensed under
this Act to do so.".
(4) In section 14 of the Drugs, Poisons and
20
Controlled Substances Act 1981--
(a) in sub-section (1), for "Where pursuant to the
Medical Practice Act 1994" substitute
"If, under the Health Professions
Registration Act 2005,";
25
(b) in sub-section (2), for "established under the
Chinese Medicine Registration Act 2000"
substitute "continued in operation under the
Health Professions Registration Act 2005";
(c) in sub-section (3), for "established under the
30
Nurses Act 1993" substitute "continued in
operation under the Health Professions
Registration Act 2005".
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(5) After section 14(3) of the Drugs, Poisons and
Controlled Substances Act 1981 insert--
"(4) If the Optometrists Registration Board of
Victoria continued under the Health
Professions Registration Act 2005 has
5
imposed in relation to the practice of an
optometrist registered under that Act a
condition, limitation or restriction
prohibiting the prescription, ordering or
dispensing of any Schedule 2, 3 or 4 poison,
10
that optometrist for the purposes of this Act
and the regulations is deemed to be not
authorised 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
15
Schedule 2, 3 or 4 poison to which the
condition, limitation or restriction relates.
(5) If the Podiatrists Registration Board of
Victoria continued under the Health
Professions Registration Act 2005 has
20
imposed in relation to the practice of a
podiatrist registered under that Act a
condition, limitation or restriction
prohibiting the prescription, ordering or
dispensing of any Schedule 2, 3 or 4 poison,
25
that podiatrist for the purposes of this Act
and the regulations is deemed to be not
authorised 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
30
Schedule 2, 3 or 4 poison to which the
condition, limitation or restriction relates.".
(6) In section 20A(3A)(a) of the Drugs, Poisons and
Controlled Substances Act 1981, for "or (c)"
substitute ", (c) or (ca)".
35
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180. New section 14A inserted
After section 14 of the Drugs, Poisons and
Controlled Substances Act 1981 insert--
"14A. Minister to approve scope of prescribing
rights
5
(1) The Minister may approve any Schedule 1,
2, 3, 4 or 8 poison (as the case requires) for
the purposes of an authorisation referred to
in section 13(1)(ba), (c), (ca), (d) or (e).
(2) An approval of the Minister may be--
10
(a) expressed generally for all poisons in a
specified Schedule; or
(b) limited to a particular class, list or type
of poison in a specified Schedule; or
(c) limited by reference to a specified form
15
of the poison; or
(d) limited by reference to the purpose for
which the poison is to be used, sold or
supplied;
(e) limited by reference to any other matter
20
specified in the approval.
(3) The Minister may grant or refuse to grant an
approval under this section on the
application of a responsible board
established under the Health Professions
25
Registration Act 2005.
(4) The Minister may revoke an approval under
this section.".
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s. 181
Division 3--Victorian Civil and Administrative Tribunal Act No.
Act 1998 53/1998.
181. Victorian Civil and Administrative Tribunal
Act 1998
In Schedule 1 to the Victorian Civil and
5
Administrative Tribunal Act 1998, after Part 5
insert--
"PART 5A--HEALTH PROFESSIONS
REGISTRATION ACT 2005
10 11A. Constitution of Tribunal for hearings
The Tribunal is to be constituted for the purposes of
making a final determination under Part 4 of the
Health Professions Registration Act 2005 by at least
3 members, of whom at least 2 must be health
15 practitioners with professional qualifications in the
health profession regulated by the board that is a party
to the proceedings.".
Division 4--Consequential Amendments to Other Acts
182. Consequential amendments
The Acts mentioned in a heading to an item in
20
Schedule 4 are amended as set out in that item.
__________________
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Sch. 1
SCHEDULES
SCHEDULE 1
RESPONSIBLE BOARDS
The following boards are responsible boards for the purposes of this and any
5 other Act--
(a) the Chinese Medicine Registration Board of Victoria established under
Part 6 of the Chinese Medicine Registration Act 2000;
(b) the Chiropractors Registration Board of Victoria established under
Part 6 of the Chiropractors Registration Act 1996;
10 (c) the Dental Practice Board of Victoria established under Part 6 of the
Dental Practice Act 1999;
(d) the Medical Practitioners Board of Victoria established under Part 6 of
the Medical Practice Act 1994;
(e) the Medical Radiation Practitioners Board of Victoria established under
15 section 165 of this Act;
(f) the Nurses Board of Victoria established under Part 6 of the Nurses Act
1993;
(g) the Optometrists Registration Board of Victoria established under Part 6
of the Optometrists Registration Act 1996;
20 (h) the Osteopaths Registration Board of Victoria established under Part 6
of the Osteopaths Registration Act 1996;
(i) the Pharmacy Board of Victoria established under Part 7 of the
Pharmacy Practice Act 2004;
(j) the Physiotherapists Registration Board of Victoria established under
25 Part 6 of the Physiotherapists Registration Act 1998;
(k) the Podiatrists Registration Board of Victoria established under Part 6 of
the Podiatrists Registration Act 1997;
(l) the Psychologists Registration Board of Victoria established under
Part 6 of the Psychologists Registration Act 2000.
__________________
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Sch. 2
SCHEDULE 2
BODIES ESTABLISHED BY RESPONSIBLE BOARDS
1. Investigations Committees
1.1 A responsible board may establish an investigations
5 committee or committees for the purposes of delegating
powers and functions of the board under Part 3 of the Act to
members of the committee.
1.2 An investigations committee is to consist of the persons
appointed by the responsible board from--
10 (a) the members of the board;
(b) a list of names approved by the Governor in Council
on the recommendation of the Minister.
1.3 Of the members of the committee--
(a) one must be a lawyer;
15 (b) one must be a health practitioner registered by the
responsible board under this Act;
(c) no more than half the members of the committee are
to be health practitioners registered under this Act.
2. Investigation Review Panels
20 2.1 A responsible board may establish an investigation review
panel for the purposes of conducting a review of a decision
of the board under Part 3 of the Act.
2.2 An investigation review panel is to consist of the persons
appointed by the responsible board.
25 2.3 Of the members of the panel--
(a) one must be a lawyer appointed from a list of names
approved by the Governor in Council on the
recommendation of the Minister who shall chair the
panel;
30 (b) one must be a health practitioner registered by the
responsible board under this Act appointed from a list
of names approved by the Governor in Council on the
recommendation of the Minister;
(c) one must be a person nominated by the Health
35 Services Commissioner.
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2.4 A member of the responsible board that established the
committee is not entitled to be appointed to an investigation
review panel established under this Schedule.
3. Health Panels
5 3.1 A responsible board may establish a health panel for the
purposes of conducting hearings under Part 3 of the Act.
3.2 A health panel is to consist of the persons appointed by the
responsible board from--
(a) the members of the board;
10 (b) a list of names approved by the Governor in Council
on the recommendation of the Minister.
3.3 Of the members of the panel--
(a) one must be a lawyer;
(b) one must be medical practitioner registered under this
15 Act;
(c) one must be a health practitioner registered under this
Act by the responsible board.
3.4 A health panel has all the powers and may exercise all the
functions of a health panel under Part 3 of the Act.
20 4. Professional Standards Panels
4.1 A responsible board may establish a professional standards
panel for the purposes of conducting hearings under Part 3
of the Act.
4.2 A professional standards panel is to consist of at least
25 3 persons appointed by the responsible board from--
(a) the members of the board;
(b) a list of names approved by the Governor in Council
on the recommendation of the Minister.
4.3 Of the members of the panel--
30 (a) one must be a health practitioner registered by the
responsible board;
(b) one must be a person who is not a registered health
practitioner.
4.4 A professional standards panel has all the powers and may
35 exercise all the functions of a professional standards panel
under Part 3 of the Act.
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Sch. 2
5. General provisions applying to panels and committees
5.1 The Public Administration Act 2004 (other than Part 5 or
except in accordance with Part 7 of that Act) does not apply
to a member of a committee or panel established under this
5 Schedule in respect of the office of member.
5.2 A person is not entitled to be a member of a panel or
committee if the person has been involved in any
proceedings under Part 3 relating to the matter to be referred
to the panel or committee.
10 5.3 A member of a panel or committee is entitled to receive the
fees or allowances that are fixed from time to time by the
responsible board that appointed the member.
5.4 The members of a panel or committee have any other
functions and may exercise any other powers that are
15 conferred or imposed on the panel or committee by the
regulations.
5.5 Subject to this Act and the regulations a panel or committee
may regulate its own procedure.
5.6 A responsible board must pay the Health Services
20 Commissioner for the costs that are agreed between the
board and the Commissioner that are incurred by the
Commissioner for a person nominated by the Commissioner
to be a member of an investigation review panel under
clause 2.3(c).
25 5.7 The Governor in Council, on the recommendation of the
Minister, may approve persons who may be appointed to the
office of member under this Schedule.
5.8 The Governor in Council, on the recommendation of the
Minister, may revoke the approval of persons who may be
30 appointed to the office of member under this Schedule.
__________________
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Sch. 3
SCHEDULE 3
MATTERS REQUIRED FOR APPROVAL UNDER PART 6
1. The premises are to be--
(a) laid out in a manner consistent with safe pharmacy practice;
5 (b) maintained in a clean and hygienic manner;
(c) maintained at a suitable temperature and humidity;
(d) equipped with the necessary equipment and reference material.
2. The different parts of the premises are properly situated and are secure
and suitable for the purposes for which they are to be used.
10 3. The general physical security of the premises is assured and the control
of keys or other entry devices is restricted to registered pharmacists
authorised by the person carrying on the pharmacy business or
pharmacy department.
4. There is no access to the dispensary of the pharmacy or pharmacy
15 department except under the direct supervision of a registered
pharmacist.
5. A registered pharmacist must be appointed to act as the pharmacist who
is regularly and usually in charge of the pharmacy or pharmacy
department when the pharmacy or pharmacy department is open for
20 business.
6. When the pharmacist who is appointed as the pharmacist who is
regularly and usually in charge of the pharmacy or pharmacy
department is absent or not available, another registered pharmacist
must be appointed to act as the pharmacist in charge of the pharmacy or
25 pharmacy department when the pharmacy or pharmacy department is
open for business.
7. A registered pharmacist must oversee the area of the pharmacy or
pharmacy department where pharmacy services are provided.
8. A registered pharmacist appointed to act as the pharmacist in charge
30 must oversee, supervise and monitor all registered pharmacists
providing pharmacy services in the pharmacy or pharmacy department
and any other staff who assist in the provision of pharmacy services.
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9. Adequate arrangements are in place to ensure that--
(a) medicines are dispensed in accordance with an order or
prescription as far as the dispensing is consistent with the safety
of the person who is to use the medicines;
5 (b) medicines are not re-used after dispensing and after they have left
the pharmacy or pharmacy department;
(c) written records are kept of all medicines supplied, compounded or
dispensed and the records are kept confidential and secure;
(d) the sale of medicines particularly those known to be abused or
10 misused are supervised and monitored;
(e) therapeutic goods are not removed from the premises except with
the express permission of the registered pharmacist in charge of
the pharmacy or pharmacy department;
(f) distance dispensing is carried out according to good
15 pharmaceutical practice;
(g) confidential discussions can occur between pharmacists and their
clients in privacy.
__________________
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Sch. 4
SCHEDULE 4
Section 182
CONSEQUENTIAL AMENDMENTS TO OTHER ACTS
1. Accident Compensation Act 1985
5 In section 5(1)--
(a) for paragraph (a) of the definition of "medical
practitioner", substitute--
"(a) a medical practitioner registered under the
Health Professions Registration Act 2005;
10 and";
(b) for the definition of "registered chiropractor",
substitute--
' "registered chiropractor" means a chiropractor
registered under the Health Professions
15 Registration Act 2005;';
(c) for the definition of "registered dentist" substitute--
' "registered dentist" means a dentist registered
under the Health Professions Registration Act
2005;';
20 (d) for the definition of "registered osteopath" substitute
' "registered osteopath" means an osteopath
registered under the Health Professions
Registration Act 2005;';
(e) for the definition of "registered physiotherapist"
25 substitute--
' "registered physiotherapist" means a
physiotherapist registered under the Health
Professions Registration Act 2005;';
(f) for the definition of "registered podiatrist",
30 substitute--
' "registered podiatrist" means a podiatrist
registered under the Health Professions
Registration Act 2005;';
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(g) for the definition of "registered psychologist"
substitute--
' "registered psychologist" means a psychologist
registered under the Health Professions
5 Registration Act 2005;'.
2. Adoption Act 1984
2.1 In section 43(3), for "registered medical practitioners within
the meaning of the Medical Practice Act 1994" substitute
"medical practitioners registered under the Health
10 Professions Registration Act 2005".
2.2 In section 89, for "registered medical practitioner within the
meaning of the Medical Practice Act 1994" substitute
"medical practitioner registered under the Health
Professions Registration Act 2005".
15 3. Alcoholics and Drug-dependent Persons Act 1968
In section 3(1), in the definition of "registered medical
practitioner", for "registered medical practitioner within the
meaning of the Medical Practice Act 1994" substitute
"medical practitioner registered under the Health
20 Professions Registration Act 2005".
4. Bail Act 1977
In section 5(4), for "registered medical practitioner within
the meaning of the Medical Practice Act 1994" substitute
"medical practitioner registered under the Health
25 Professions Registration Act 2005".
5. Births, D