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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Pathology Services Accreditation (Amendment) Act
2002
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 1
3. Definition 2
4. Limitations and restrictions on accreditation to be entered on
Register 2
5. Certificates as to limitations or restrictions on accreditation 2
6. New section 17A inserted 3
17A. Restrictions and limitations on accreditation 3
7. Suspension and cancellation 4
8. Appeals against imposition of limitations or restrictions 4
9. Return of accreditation certificate 5
10. Prohibition on performance of certain tests 5
11. Directions 5
12. Effect of suspension or cancellation and offences concerning
fraud 6
13. Penalties 6
14. Offences 6
15. Further offences 7
16. New Part XII inserted 7
PART XII--TRANSITIONALS 7
41. Transitionals--limitations etc. on current accreditations 7
ENDNOTES 8
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PARLIAMENT OF VICTORIA
Initiated in Assembly 15 May 2002
A BILL
to amend the Pathology Services Accreditation Act 1984 to make
further provision for the accreditation of pathology services and for
other purposes.
Pathology Services Accreditation
(Amendment) Act 2002
The Parliament of Victoria enacts as follows:
1. Purpose
The main purpose of this Act is to amend the
Pathology Services Accreditation Act 1984 to
make further provision for the accreditation of
5 pathology services.
2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
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Pathology Services Accreditation (Amendment) Act 2002
s. 3
Act No.
3. Definition
See:
In section 3(1) of the Pathology Services Act No.
Accreditation Act 1984 insert the following 10083
Reprint No. 2
definition-- as at
18 March
5 ' "accredited pathology service" means a 1999
pathology service accredited under section and
amending
13(8) or deemed to be accredited under Act Nos
section 18A;'. 26/1999 and
11/2002 and
G.G. 21.12.00
p. 3049.
LawToday:
www.dms.
dpc.vic.
gov.au
4. Limitations and restrictions on accreditation to be
10 entered on Register
After section 11(1)(d) of the Pathology Services
Accreditation Act 1984 insert--
"(da) any limitation or restriction imposed on the
accreditation of the pathology service by the
15 Board; and".
5. Certificates as to limitations or restrictions on
accreditation
In section 12 of the Pathology Services
Accreditation Act 1984--
20 (a) in paragraph (c) for "placed--" substitute
"placed; or";
(b) after paragraph (c) insert--
"(d) that the accreditation of a pathology
service is or is not or was or was not at
25 any particular date or period subject to
any limitation or restriction; or
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Pathology Services Accreditation (Amendment) Act 2002
s. 6
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(e) any limitation or restriction that the
accreditation of the pathology service is
or was subject to at any particular date
or period--".
5 6. New section 17A inserted
After section 17 of the Pathology Services
Accreditation Act 1984 insert--
"17A. Restrictions and limitations on
accreditation
10 (1) The Board may impose any limitation or
restriction on--
(a) granting accreditation to a pathology
service under section 13(8);
(b) deeming a pathology service to be
15 accredited under section 18A(1) or (3);
(c) renewing the accreditation of a
pathology service under section 16.
(2) Without limiting sub-section (1), the Board
may impose a limitation or restriction that
20 relates to the type of tests the pathology
service can perform.
(3) The Board may impose any limitation or
restriction on an accreditation or deemed
accreditation during the period of that
25 accreditation in accordance with sub-section
(4).
(4) The Board must not impose any limitation or
restriction on the accreditation or deemed
accreditation of a pathology service unless
30 the Board has--
(a) given notice in writing to the pathology
service of the Board's intention to
impose the limitation or restriction; and
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Pathology Services Accreditation (Amendment) Act 2002
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Act No.
(b) considered any submissions whether
oral or in writing made to the Board by
the pathology service within 7 days
after the giving of the notice; and
5 (c) considered any other submissions and
any other matters the Board considers
appropriate.
(5) If the Board decides to impose any limitation
or restriction on an accredited pathology
10 service the Board must give notice in writing
of the limitation or restriction to the
pathology service.".
7. Suspension and cancellation
At the end of section 18 of the Pathology
15 Services Accreditation Act 1984 insert--
"(2) The Board may suspend or cancel the
accreditation of an accredited pathology
service if it is of the opinion that there is or
could be a serious risk to the public health
20 because there has been a serious breach of a
limitation or restriction imposed on the
accreditation.".
8. Appeals against imposition of limitations or
restrictions
25 In section 26(1) of the Pathology Services
Accreditation Act 1984--
(a) in paragraph (b)(ii) for "service--"
substitute "service; or";
(b) after paragraph (b) insert--
30 "(c) the proprietor of an accredited
pathology service is aggrieved by the
imposition of any limitation or
restriction on the accreditation--";
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Pathology Services Accreditation (Amendment) Act 2002
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(c) after "that accreditation" insert "or the
imposition of the limitation or restriction".
9. Return of accreditation certificate
In section 27(1) of the Pathology Services
5 Accreditation Act 1984--
(a) after "by the Board" insert "or the Board has
imposed any limitation or restriction on an
accreditation";
(b) for "or cancellation" substitute
10 ", cancellation or imposition of a limitation
or restriction".
10. Prohibition on performance of certain tests
In section 30(1) of the Pathology Services
Accreditation Act 1984--
15 (a) in paragraph (b) for "category--" substitute
"category;";
(b) after paragraph (b) insert--
"(c) in an accredited pathology service or a
pathology service that is deemed to be
20 accredited performs a test which it is
not permitted to perform because of a
limitation or restriction placed on its
accreditation--".
11. Directions
25 (1) After section 32(1) of the Pathology Services
Accreditation Act 1984 insert--
"(1A) If the Board is of the opinion that a limitation
or restriction that is imposed on the
accreditation or deemed accreditation of a
30 pathology service is not being complied with
by the pathology service, the Board may give
to the proprietor of the pathology service any
directions in writing that it thinks necessary
to enable the limitation or restriction to be
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complied with and must state in the direction
the time within which the proprietor must
comply with the direction.".
(2) In section 32(2) of the Pathology Services
5 Accreditation Act 1984--
(a) in paragraph (a) after "accreditation" insert
"or deemed accreditation";
(b) at the end of paragraph (a) insert "; or";
(c) after paragraph (b) insert--
10 "(ba) impose a further limitation or
restriction on the accreditation or
deemed accreditation of the pathology
service; or".
12. Effect of suspension or cancellation and offences
15 concerning fraud
In sections 33(1) and (2) and 34 of the Pathology
Services Accreditation Act 1984 after
"accreditation" insert "or deemed accreditation".
13. Penalties
20 (1) In sections 20, 21, 34, 35 and 36 of the Pathology
Services Accreditation Act 1984--
(a) omit the penalties at the foot of each section;
(b) after "this Act" insert "and liable to a
penalty not exceeding 60 penalty units".
25 (2) Section 37 of the Pathology Services
Accreditation Act 1984 is repealed.
14. Offences
In section 35 of the Pathology Services
Accreditation Act 1984, after paragraph (a)
30 insert--
"; or
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Pathology Services Accreditation (Amendment) Act 2002
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(ab) other than in an accredited pathology service
performs or causes to be performed any test
unless that test is permitted by or under this
Act to be performed outside an accredited
5 pathology service; or".
15. Further offences
At the end of section 36 of the Pathology
Services Accreditation Act 1984 insert--
"(2) A person who in an accredited pathology
10 service performs or causes to be performed a
test which is not permitted to be performed
in that pathology service because of a
limitation or restriction placed on its
accreditation is guilty of an offence and
15 liable to a penalty not exceeding 60 penalty
units.".
16. New Part XII inserted
After section 40 of the Pathology Services
Accreditation Act 1984 insert--
20 "PART XII--TRANSITIONALS
41. Transitionals--limitations etc. on current
accreditations
The Board may impose any limitation or
restriction on an accreditation or deemed
25 accreditation that is in force at the
commencement of the Pathology Services
Accreditation (Amendment) Act 2002
during the period of that accreditation in
accordance with section 17A.".
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Pathology Services Accreditation (Amendment) Act 2002
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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