HEALTH PROFESSIONS REGISTRATION ACT 2005 No. 97 of 2005 Version incorporating amendments as at 31 March 2009 Health Professions Registration Act 2005 - TABLE OF PROVISIONS Section Page PART 1-PRELIMINARY 1. Purposes 2. Commencement 3. Definitions PART 2-REGISTRATION Division 1-Requirements for registration 4. Application for registration 5. Qualifications for general registration 6. General registration 7. Specific registration 8. Registration as a student 9. Provisional registration 10. Interim registration 11. Non-practising registration 12. Additional qualifications 13. Professional indemnity insurance 14. Board's powers before deciding applications 15. Entitlement of applicant to make submissions 16. Notification of outcome of application 17. Period of registration 18. Renewal of registration 19. Registration obtained by fraud Division 2-Endorsement of registration 20. Endorsement of registration for nurse practitioners 21. Endorsement of registration-midwives 22. Endorsement of registration of nurses-medication 23. Endorsement of registration of optometrists 24. Endorsement of registration of podiatrists 25. Endorsement of registration of Chinese medicine practitioners 26. Endorsement of registration of pharmacists 27. Endorsement of registration for specialist practitioners 27A. Endorsement of registration for approved area of practice 28. Endorsement of registration of health practitioners for acupuncture 29. Endorsements generally Division 3-Other requirements 30. Register of health practitioners 31. Certificates 32. Use of certificate as evidence 33. Requirement to notify changes of address 34. Provision of information 35. Effect of suspension of registration PART 3-INVESTIGATIONS AND PANEL HEARINGS Division 1-General provisions 36. Reporting of ill-health of health practitioners 37. Immunity of health practitioners 38. Request for conditions or suspension 39. Cancellation by agreement 40. Suspension of registration at any time 41. Agreements to amend, vary or revoke conditions or revoke suspensions Division 2-Notification and commencement of investigations 42. Notifications about health practitioners and students 43. When notifications are to be dealt with by the Health Services Commissioner as complaints 44. Responsible board may deal with a health records complaint as a notification 45. Commencement of investigations 46. Power to proceed without investigation 47. Investigations without notification 48. Notice of investigation 49. Powers of investigator 50. Investigation to be conducted expeditiously Division 3-Health assessments 51. Health assessments 52. Report of health assessment 53. Refusal to attend or co-operate 54. Health assessments required by a panel Division 4-Performance assessments 55. Performance assessment 56. Report of performance assessment 57. Refusal to attend or co-operate 58. Performance assessments required by a panel Division 5-Powers after investigation 59. Powers of board after investigation completed 60. Review of matter after decision Division 6-Hearings by professional standards panels 61. Establishment of a professional standards panel 62. Notice of a professional standards panel hearing 63. Outcome of a professional standards panel's hearing 64. Referral to a health assessment or a Tribunal hearing Division 7-Hearings by health panels 65. Establishment of health panels 66. Notice of a health panel hearing 67. Outcome of health panel's hearing 68. Referral to a health assessment or a Tribunal hearing Division 8-Provisions applying to all panel hearings 69. Conduct of a panel hearing 70. Change of panel hearing to Tribunal hearing during course of hearing 71. Request for Tribunal hearing upon completion of panel hearing 72. Effect of determinations 73. Reasons for determinations of panel Division 9-General provisions 74. Removal of suspension or condition 75. Notice of determinations PART 4-PROCEEDINGS AND REVIEW BY VCAT Division 1-Proceedings by VCAT 76. Applications to VCAT 77. Determinations of VCAT Division 2-Review of decisions of boards and panels 78. Review by VCAT Division 3-Publicising disciplinary action 79. Notification PART 5-OFFENCES AND REGULATED CONDUCT Division 1-Offences applying to health professions generally 80. Claims by persons as to registration 81. Use of titles in educational institutions 82. Clinical training 83. Fraud, forgery etc. 84. Offence to provide unregistered health practitioners 85. Offence of directing or inciting unprofessional conduct 86. Convicted offenders may be prohibited from carrying on business 87. Lifting of prohibition 88. Offence of carrying on business while prohibited 89. Effect of appeal against conviction 90. Power to require information from convicted persons 91. Register of prohibitions 92. Evidentiary certificate 93. Secretary to notify responsible board of prohibitions 94. Advertising 95. Advertising guidelines 96. Power of the courts to require corrective advertising Division 2-Offences for nurses 97. Additional offences in relation to nurses Division 3-Dental care providers 98. Restriction on practising dentistry Division 4-Optometrists 99. Restriction on practising optometry PART 6-PHARMACY Division 1-Interpretation 100. Definition Division 2-Ownership and operation 101. Ownership of pharmacy businesses 102. Establishment of pharmacy businesses and pharmacy departments 103. Approval of pharmacies, pharmacy businesses or pharmacy departments 104. Establishment and operation of pharmacy depots 105. Notifications about pharmacy businesses and pharmacy departments Division 3-Pharmacists' responsibilities 106. Notification by pharmacists 107. Controls over the supply, compounding or dispensing of medicines 108. Personal supervision of pharmacy or pharmacy department 109. Access to closed pharmacies and pharmacy departments Division 4-Other requirements 110. Dispensing and recording of prescriptions 111. Security at pharmacy depots Division 5-Approvals and revocation of approvals 112. Applications for approvals 113. Revocation of approvals Division 6-Offences 114. Use of title 115. Claims by persons as to approval 116. Undue influence PART 7-ADMINISTRATION Division 1-Responsible boards 117. Existing and new boards 118. Powers and functions of responsible boards 119. Consultation requirements 120. Membership of a responsible board 121. Terms of office 122. Resignation and removal 123. President and Deputy President 124. Acting member 125. Payment of members 126. Procedure of responsible board 127. Effect of vacancy or defect 128. Member's interests 129. Resolutions without meetings 130. Approved methods of communication for responsible board 131. Immunity 132. Staff 133. Delegation Division 2-Advisory committees 134. Establishment of general committees 135. Establishment of prescribing practice advisory committees 136. Membership of committees Division 3-Approval of positions for provisional registration 137. Approval of positions for provisional registration PART 8-FINANCIAL PROVISIONS 138. Board funds 139. Investment powers 140. Powers of responsible board in relation to fees 141. Repayment of advances PART 9-ENFORCEMENT AND SUPPLEMENTARY PROVISIONS Division 1-General provisions 142. Proceedings for offences 143. Authorisation of persons to assist in enforcement 144. Identification 145. Special powers of entry to pharmacies 146. Pharmacy Board may examine documents 147. General powers of entry with warrant 148. Announcement before entry 149. Copy of warrant to be given 150. Copies or receipts to be given 151. Copies of seized documents 152. Retention and return of seized documents or things 153. Magistrates' Court may extend 3 month period 154. Protection against self-incrimination 155. Offence to give false or misleading information 156. Offence to hinder or obstruct authorised person Division 2-Special powers for provisional registration 157. Examination of intern training records PART 10-GENERAL 158. Regulations 159. Minister's powers of approval 160. Provision of information to Minister 161. Disclosure of information to other agencies PART 11-AMENDMENTS, REPEALS, TRANSITIONALS AND SAVINGS Division 1-Repeals, savings and transitionals 162. Definition 163. Repeals 164. Saving of references 165. Establishment of Board 166. Responsible boards continue under this Act 167. Additional savings and transitionals for new Board 168. Existing proceedings before a responsible board 169. What if no proceedings started before commencement of this Act? 170. Existing registrations 171. Expiry of existing registrations 172. Existing registers 173. Existing pharmacies, pharmacy departments and pharmacy depots 174. Cap on growth of pharmacy ownership for friendly society type companies 175. References to health practitioners 175A. List members 176. Board and list members become members of VCAT 177. Interpretation of Legislation Act 1984. Division 2-Drugs, Poisons and Controlled Substances Act 1981. 178. Consequential amendments 179. Endorsements of registration 180. New section 14A inserted Division 3-Victorian Civil and Administrative Tribunal Act 1998. 181. Victorian Civil and Administrative Tribunal Act 1998. PART 5A-HEALTH PROFESSIONS REGISTRATION ACT 2005. Division 4-Consequential amendments to other Acts 182. Consequential amendments __________________ SCHEDULE 1-Responsible Boards SCHEDULE 2-Bodies Established by Responsible Boards 1. Investigations Committees 2. Investigation Review Panels 3. Health Panels 4. Professional Standards Panels 5. General provisions applying to panels and committees SCHEDULE 3-Matters Required for Approval under Part 6. SCHEDULE 4-Consequential Amendments to other Acts 1. Accident Compensation Act 1985. 2. Adoption Act 1984. 3. Alcoholics and Drug-dependent Persons Act 1968. 4. Bail Act 1977. 5. Births, Deaths and Marriages Registration Act 1996. 6. Cancer Act 1958. 7. Cemeteries and Crematoria Act 2003. 8. Child Employment Act 2003. 9. Child Wellbeing and Safety Act 2005. 10. Children, Youth and Families Act 2005. 11. Coal Mines (Pensions) Act 1958. 12. Coroners Act 1985. 13. Corrections Act 1986. 14. Crimes Act 1958. 15. Crimes (Mental Impairment and Unfitness to be Tried) Act 1997. 16. Drugs, Poisons and Controlled Substances Act 1981. 17. Electoral Act 2002. 18. Emergency Services Superannuation Act 1986. 19. Evidence Act 1958. 20. Firearms Act 1996. 21. Food Act 1984. 22. Freedom of Information Act 1982. 23. Guardianship and Administration Act 1986. 24. Health Act 1958. 25. Health Practitioners (Special Events Exemption) Act 1999. 26. Health Records Act 2001. 27. Health Services Act 1988. 28. Human Tissue Act 1982. 29. Infertility Treatment Act 1995. 30. Intellectually Disabled Persons' Services Act 1986. 31. Juries Act 2000. 32. Legal Profession Act 2004. 33. Liquor Control Reform Act 1998. 34. Marine Act 1988. 35. Meat Industry Act 1993. 36. Medical Treatment Act 1988. 37. Mental Health Act 1986. 38. Occupational Health and Safety Act 2004. 39. Parliamentary Salaries and Superannuation Act 1968. 40. Police Regulation Act 1958. 41. Professional Boxing and Combat Sports Act 1985. 42. Radiation Act 2005. 43. Retirement Villages Act 1986. 44. Road Safety Act 1986. 45. Sentencing Act 1991. 46. Serious Sex Offenders Monitoring Act 2005. 47. State Employees Retirement Benefits Act 1979. 48. State Superannuation Act 1988. 49. Summary Offences Act 1966. 50. Transport Act 1983. 51. Transport Accident Act 1986. 52. Transport Superannuation Act 1988. 53. Veterinary Practice Act 1997. 54. Workers Compensation Act 1958. 55. Wrongs Act 1958. --------------- ENDNOTES 1. General Information 2. Table of Amendments 3. Explanatory Details Health Professions Registration Act 2005 - PART 1 PART 1 PRELIMINARY Health Professions Registration Act 2005 - SECT 1 Purposes 1. Purposes The main purposes of this Act are to- (a) protect the public by providing for the registration of health practitioners and a 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 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 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 (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 make consequential amendments to other Acts; and (g) provide for other related matters. Health Professions Registration Act 2005 - SECT 2 Commencement 2. Commencement (1) Sections 1, 171(2) and this section come into 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 subsection (2), except section 82, does not come into operation before 1 July 2007, it comes into operation on that day. (4) If section 82 does not come into operation before 1 September 2007, it comes into operation on that day. Health Professions Registration Act 2005 - SECT 3 Definitions 3. Definitions (1) In this Act- 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 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 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; 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 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 by a responsible board under Schedule 2; 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 Health Services Commissioner within the meaning of the Health Services (Conciliation and Review) Act 1987; investigations committee means an investigations committee established by a 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 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 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 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 section 11; notifier means a person who has made a notification under section 42; 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 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; 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 include a pharmacy department or pharmacy depot; pharmacy services includes- (a) the supply, compounding or dispensing of medicines; and (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, registered community health centre, private hospital or privately-operated 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, registered community health centre or hospital; 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 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 Chinese medicine, includes the practice of dispensing Chinese herbs; practise, in relation to a pharmacist, includes provide pharmacy services; professional indemnity insurance includes 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 liability; professional misconduct includes- (a) unprofessional conduct of a health practitioner, where the conduct involves a substantial or consistent 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 professional conduct observed by members of the profession of good repute or competency; and (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 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 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; 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 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 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 registration of that person is general, specific, provisional, interim or non-practising but does not include a registered student; 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; 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 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; 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 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 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 applies, the body corporate established under section 6 of that Act; and (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; 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 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 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 might reasonably expect of a registered health practitioner; * * * * * (d) providing a person with health services 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 a way that client care may be compromised; (f) a contravention of section 94 or the guidelines issued under section 95; (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 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 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 under any other Act or regulations; (i) the contravention of, or failure to comply with a condition imposed on the registration of the health 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 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 registered that practitioner. (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 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 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 changed, the reference in the definition of Secretary in subsection (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. (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 pharmacy department or pharmacy depot. __________________ Health Professions Registration Act 2005 - PART 2 PART 2 REGISTRATION Division 1-Requirements for registration Health Professions Registration Act 2005 - SECT 4 Application for registration 4. Application for registration (1) An application for registration as a health practitioner may be made to the responsible board 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 (c) be accompanied by the information referred to in section 34; and (d) be accompanied by- (i) evidence of the qualifications and supervised practice that the applicant claims entitle the applicant to the kind of registration applied for; or (ii) if the applicant is applying for registration based on previous registration mentioned in section 6(1)(a)(ii) or (iii), evidence of that registration and the experience the applicant claims entitle the applicant to that kind of registration; 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 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 (c) require proof of identity of the applicant; and (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 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 (ii) a postal address where the person can be contacted by mail. Health Professions Registration Act 2005 - SECT 5 Qualifications for general registration 5. Qualifications for general registration (1) A person is qualified for general registration as a health practitioner if the person has successfully 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 substantially equivalent, or is based on similar competencies, to a course of study approved by the responsible board; (ab) a part of a course of study approved by the responsible board; (b) any period of supervised practice approved by the responsible board or a period of 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; (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 and has paid the fee fixed by the board in relation to the examination (if any); (d) any other prescribed requirements. (1A) For the purposes of subsection (1)(ab), a responsible board may approve part of a course of study as a qualification for general registration in a division of the register kept by the board only if the course of study is a course approved, under subsection (1)(a), for general registration in another division of the register. (1B) The responsible board may fix a fee to be paid by the provider of a course of study or part of a course of study that must accompany an application by the provider to the board for- (a) approval of the course of study for the purposes of subsection (1)(a); or (b) approval of part of a course of study for the purposes of subsection (1)(ab). (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, or part of a course, of study or require a period of supervised practice 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, or part of a course, of study or require a period of supervised practice 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 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 directions about approvals of courses, or parts 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 recruitment or supply of health practitioners to the workforce in the health profession regulated by the board. Health Professions Registration Act 2005 - SECT 6 General registration 6. General registration (1) A responsible board must grant general registration as a health practitioner to an applicant if- (a) the applicant- (i) is qualified for registration under section 5; or (ii) had general registration under this Act or a corresponding previous enactment as a health practitioner of that kind not more than 2 years before the application was made; or (iii) has registration as a non-practising health practitioner of that kind and was, under section 170, deemed to have general registration as that kind of health practitioner under this section; and (b) there are no grounds under subsection (2) under which the responsible board may refuse to grant registration to the applicant; and (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 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 practitioner; (ab) if the applicant is applying for registration based on previous registration mentioned in subsection (1)(a)(ii) or (iii), that the applicant- (i) is not, in the board's opinion, competent to practise as that kind of health practitioner; or (ii) has not, in the board's opinion, had sufficient recent practise as that kind of health 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 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 impairment which impairs his or her ability to practise as a health practitioner; (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 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 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 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; (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 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, 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; (i) that the applicant is disqualified from applying for registration under this Act. (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 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. Health Professions Registration Act 2005 - SECT 7 Specific registration 7. Specific registration (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 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; (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 registered health practitioner for a limited period; or (ii) has been engaged to provide locum services for a registered health practitioner in Victoria; (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 health practitioner in Victoria; (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 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; (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 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 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. (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 training in midwifery to enable that applicant to practise midwifery and use the title midwife. (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 training of the applicant, it is not in the public interest to register the applicant to practise as a health practitioner. (4) A person's specific registration continues in force until- (a) the period, not more than 12 months, specified by the responsible board ends; or (b) if the period of registration is extended under subsection (7), the first of the following occurs- (i) the board makes a decision about the person's application for another period of specific registration; (ii) the period for which the specific registration was extended ends. (5) A grant of specific registration is subject to any condition that the responsible board thinks fit including conditions as to professional indemnity insurance. (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. (7) The registrar of a responsible board, or another person authorised by the responsible board for this section, may extend the period for which a person's specific registration continues in effect for a period of not more than 3 months if- (a) the person has, while the person's specific registration is in force, applied again under this section for a grant of specific registration; and (b) it is not practicable to wait until the board can consider the application; and (c) if the person has a workplace supervisor, the supervisor has provided a report indicating the person's work performance is satisfactory; and (d) the registrar or other person authorised by the board is satisfied that none of the grounds for refusing an application for the grant of specific registration apply. Health Professions Registration Act 2005 - SECT 8 Registration as a student 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- (a) a course of study required under section 5(1)(a) or (ab); or (b) a course of study for the purposes of specific registration as a nurse under section 7(2). (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 for registration or renewal of registration as a student to provide information or material in respect of the application that the board reasonably requires. (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 (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 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 registration of a student. Health Professions Registration Act 2005 - SECT 9 Provisional registration 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 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 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. (4) The provisional registration of a person continues in force for the period specified by the responsible board not exceeding 24 months. (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. Health Professions Registration Act 2005 - SECT 10 Interim registration 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 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 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 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 authorised by the responsible board for the purposes of this section. (4) Without limiting the registrar's or person's powers under subsection (3), he or she may impose a condition- (a) that- (i) the person must hold professional indemnity insurance; or (ii) the regulated health services provided by the person must be covered by 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 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 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 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 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 a discretionary indemnity. (6) A person's interim registration comes into force on the date it is granted under subsection (1) and continues for 12 months after that date or until any earlier date on which the person is given notice that- (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 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. (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 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 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 responsible board is to be taken to have been granted by the responsible board. Health Professions Registration Act 2005 - SECT 11 Non-practising registration 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 the person is qualified to provide under section 6 or 7 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 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 or 7 during the period of registration and any other condition imposed by 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. Health Professions Registration Act 2005 - SECT 12 Additional qualifications 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 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 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 by the responsible board together with evidence of 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 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 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. Health Professions Registration Act 2005 - SECT 13 Professional indemnity insurance 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- (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 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 professional indemnity insurance extends even though the health practitioner is not a party to the professional indemnity insurance; and (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 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 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 practitioner's arrangements for professional indemnity insurance must be in the form of insurance or a discretionary indemnity. Health Professions Registration Act 2005 - SECT 14 Board's powers before deciding applications 14. Board's powers before deciding applications (1) Before deciding an application for registration 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 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 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 (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 (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. (2) The responsible board may require the information or document mentioned in subsection (1)(c) to be verified by a statutory declaration. (3) The purpose of an examination under subsection (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 subsection (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). (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 subsection (1)(b) or (c); or (b) does not undergo an examination under subsection (1)(d); or (c) does not undergo an assessment under subsection (1)(e). (6) The responsible board must give a notice under subsection (1)(b), (c), (d) or (e) to the applicant within 30 days after the board receives the application. (7) A notice under subsection (1)(e) must state- (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 which, the assessment is to be conducted. Health Professions Registration Act 2005 - SECT 15 Entitlement of applicant to make submissions 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 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 proposal; and (b) it has given the applicant an opportunity to make submissions to the responsible board about the proposal. Health Professions Registration Act 2005 - SECT 16 Notification of outcome of application 16. Notification of outcome of application (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. (2) A notice under subsection (1) must include the following information- (a) if the registration has been granted or renewed- (i) the type of registration granted or renewed; and (ii) whether or not any condition has been imposed on the registration and, if so, the reasons for imposing the condition; and (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- (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; (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, 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 endorsement; (d) if the endorsement or renewal of endorsement of registration has been refused- (i) the reasons why it has been refused; and (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. Health Professions Registration Act 2005 - SECT 17 Period of registration 17. Period of registration 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 approval of the Minister. Health Professions Registration Act 2005 - SECT 18 Renewal of registration 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 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. (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. (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 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 providing during the existing registration period; (ii) any continuing professional development undertaken during the existing registration period; (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 health practitioner during that period, a description of the main kinds of regulated health services that the applicant intends to provide during that period; (c) provide- (i) an address from which the health practitioner will practise as a health practitioner; and (ii) a postal address where the health practitioner can be contacted by mail. (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 period exceeding 2 years, or the longer period prescribed by the regulations, 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- 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 the following registration- (a) interim registration; (b) specific registration, other than specific registration granted for a purpose mentioned in section 7(1)(f) or 7(2). (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 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. (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 board must remove that person's name from the register. (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 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, qualified for that endorsement in accordance with Division 2 of this Part. Health Professions Registration Act 2005 - SECT 19 Registration obtained by fraud 19. Registration obtained by fraud (1) The responsible board must refer a matter to VCAT if the responsible board believes that- (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 (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 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 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. (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 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. Division 2-Endorsement of registration Health Professions Registration Act 2005 - SECT 20 Endorsement of registration for nurse practitioners 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 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 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 subsection (1) is qualified to obtain and have in his or her possession and to use, sell 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 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 his or her possession and to use, sell or supply 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 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 nurse practitioner under subsection (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 generally. (5) The Board must not specify any Schedule 2, 3, 4 or 8 poison in an endorsement under subsection (2) for any category of nurse practitioner unless the poison is, or is of a class or type of 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. Health Professions Registration Act 2005 - SECT 21 Endorsement of registration-midwives 21. Endorsement of registration-midwives (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 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. Health Professions Registration Act 2005 - SECT 22 Endorsement of registration of nurses-medication 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 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. Health Professions Registration Act 2005 - SECT 23 Endorsement of registration of optometrists 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 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 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. (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 purposes of this section. Health Professions Registration Act 2005 - SECT 24 Endorsement of registration of podiatrists 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 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 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 Minister under section 14A of the Drugs, Poisons and Controlled Substances Act 1981 for the purposes of this section. Health Professions Registration Act 2005 - SECT 25 Endorsement of registration of Chinese medicine practitioners 25. Endorsement of registration of Chinese medicine practitioners (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 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 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 prescribe Schedule 1 poisons within the meaning of the Drugs, Poisons and Controlled 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 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. (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 purposes of this section. Health Professions Registration Act 2005 - SECT 26 Endorsement of registration of pharmacists 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 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 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 form or state of the Schedule 1 poison or whether the poison is manufactured or packaged or not. Health Professions Registration Act 2005 - SECT 27 Endorsement of registration for specialist practitioners 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 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 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- (a) the Dental Practice Board of Victoria; or (b) the Medical Practitioners Board of Victoria. Health Professions Registration Act 2005 - SECT 27A Endorsement of registration for approved area of practice 27A. Endorsement of registration for approved area of practice (1) If a responsible board is satisfied a health practitioner has successfully completed a course of study or units of a course of study in an approved area of practice, the board may endorse the health practitioner's registration to the effect that the health practitioner is qualified to practise in that approved area of practice. (2) For the purposes of subsection (1), the Minister may, by notice published in the Government Gazette, approve areas of practice in relation to which a responsible board may endorse a health practitioner's registration. (3) If a notice mentioned in subsection (2) is published, the responsible board to which the notice relates must publish a list of the approved areas of practice- (a) in a publication circulated to health practitioners of the kind registered by the board; and (b) on a website on the Internet kept by or on behalf of the board. (4) The Minister may, at any time, amend, vary or revoke a notice approving an area of practice. (5) The responsible board may impose any conditions it thinks fit on an endorsement under this section, including conditions as to professional indemnity insurance. (6) The responsible board may, on application by the health practitioner or with the agreement of the health practitioner, amend, vary or revoke any condition imposed on the endorsement. (7) In this section- approved area of practice means an area of practice approved by the Minister under a notice published in the Government Gazette under subsection (2). Health Professions Registration Act 2005 - SECT 28 Endorsement of registration of health practitioners for acupuncture 28. Endorsement of registration of health practitioners for acupuncture (1) If a responsible board is satisfied that a health 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 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 practitioner under this section or the cancellation of that endorsement of registration of a health practitioner, of- (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; (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- (a) the Chiropractors Registration Board of Victoria; or (b) the Dental Practice Board of Victoria; or (c) the Medical Practitioners Board of Victoria; or (d) the Nurses Board of Victoria; or (e) the Optometrists Registration Board of Victoria; or (f) the Osteopaths Registration Board of Victoria; or (g) the Physiotherapists Registration Board of Victoria; or (h) the Podiatrists Registration Board of Victoria. Health Professions Registration Act 2005 - SECT 29 Endorsements generally 29. Endorsements generally (1) Except as specifically provided in this Division, an applicant for registration as a health 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. (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 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- (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 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 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 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 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; (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 and has paid the fee fixed by the board in relation to the examination (if any). (4A) The responsible board may fix a fee to be paid by the provider of a course of study that must accompany an application by the provider to the board for approval of the course of study for the purposes of subsection (4)(a). (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. (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. (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 Health Professions Registration Act 2005 - SECT 30 Register of health practitioners 30. Register of health practitioners (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 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; * * * * * (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 referred to in Division 2 of this Part; (g) any current condition imposed on the registration or endorsement of registration; * * * * * (i) any qualification to be noted on the register under section 12. (2A) The responsible board may also include in the register the following particulars for each health practitioner to whom the board has granted registration- (a) the health practitioner's principal academic qualifications and the training completed by the health practitioner for registration, including the name of the person or body that awarded the qualification or provided the training and the year the qualification was awarded; (b) the address from which the health practitioner provides regulated health services or a postal address for the practitioner. (3) A responsible board must also record and maintain on a separate part of the register particulars of any health practitioner whose registration is currently cancelled or suspended. (4) Despite subsection (2)(g), a responsible board must omit from the register particulars of any condition imposed on the registration of a health 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 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 responsible board on the Internet. (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 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 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 subsection (2A)(b). Health Professions Registration Act 2005 - SECT 31 Certificates 31. Certificates (1) Upon- (a) granting registration to a health practitioner or student under this Part; or (b) endorsing the registration of a health 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. (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 health practitioner is registered in; (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 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 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 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. 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 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. Health Professions Registration Act 2005 - SECT 32 Use of certificate as evidence 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 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 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. Health Professions Registration Act 2005 - SECT 33 Requirement to notify changes of address 33. Requirement to notify changes of address (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 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. Penalty: 10 penalty units. Health Professions Registration Act 2005 - SECT 34 Provision of information 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 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. Penalty: 20 penalty units. (2) Subsection (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 (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 (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. 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 the longer period prescribed by the regulations, or who intends to change the 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 (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) 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 subsection (1), (3) 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. (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. Health Professions Registration Act 2005 - SECT 35 Effect of suspension of registration 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. __________________ Health Professions Registration Act 2005 - PART 3 PART 3 INVESTIGATIONS AND PANEL HEARINGS Division 1-General provisions Health Professions Registration Act 2005 - SECT 36 Reporting of ill-health of health practitioners 36. Reporting of ill-health of health practitioners If a registered medical practitioner- (a) is treating a person whom he or she believes 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 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 risk- the medical practitioner must so notify the board responsible for the registration of the health practitioner or the student. Health Professions Registration Act 2005 - SECT 37 Immunity of health practitioners 37. Immunity of health practitioners (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 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. Health Professions Registration Act 2005 - SECT 38 Request for conditions or suspension 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- (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 (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 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- (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 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. (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. Health Professions Registration Act 2005 - SECT 39 Cancellation by agreement 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. (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. Health Professions Registration Act 2005 - SECT 40 Suspension of registration at any time 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 that the health and safety of the public will be endangered because the responsible board believes, on reasonable grounds, that- (a) the health practitioner's ability to practise as a health practitioner is, or may be, affected for any of the reasons set out in section 38(1)(a); or (b) the health practitioner's professional performance is, or may be, unsatisfactory; or (c) the health practitioner has, or may have, engaged in unprofessional conduct or professional misconduct. (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 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). (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 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 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- (a) immediately notify the following of that suspension- (i) the health practitioner or student; and (ii) the employer of the health practitioner; and (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 (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 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 or student whose registration is suspended is to be treated as not being registered for the period of that suspension. Health Professions Registration Act 2005 - SECT 41 Agreements to amend, vary or revoke conditions or revoke suspensions 41. Agreements to amend, vary or revoke conditions or revoke suspensions (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 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 (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; or (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 no longer affected. (2) If the responsible board and the registered health practitioner or registered student fail to agree under subsection (1), the responsible board may refer the matter to a panel hearing or Tribunal hearing. Division 2-Notification and commencement of investigations Health Professions Registration Act 2005 - SECT 42 Notifications about health practitioners and students 42. Notifications about health practitioners and students (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 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 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 (c) the health practitioner may have engaged in professional misconduct; or (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 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 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 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 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. Health Professions Registration Act 2005 - SECT 43 When notifications are to be dealt with by the Health Services Commissioner as complaints 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 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 (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 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 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 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 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 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. (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. (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). Health Professions Registration Act 2005 - SECT 44 Responsible board may deal with a health records complaint as a notification 44. Responsible board may deal with a health records complaint as a notification (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 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 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 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 subsection (2) must include any information that the Health Services Commissioner specifies by written notice to the responsible board. Health Professions Registration Act 2005 - SECT 45 Commencement of investigations 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 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 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 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). (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 make determinations upon an investigation. Health Professions Registration Act 2005 - SECT 46 Power to proceed without 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 hearing and determination with or without conducting an investigation. Health Professions Registration Act 2005 - SECT 47 Investigations without notification 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 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). (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. Health Professions Registration Act 2005 - SECT 48 Notice of investigation 48. Notice of investigation (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 subsection (1) must- (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 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. (3) A notice under subsection (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 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 (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 performance assessment within 28 days after receiving the notice. (4) Subsection (1) does not apply if the investigator is of the opinion that giving the notice may prejudice an investigation or place the health or safety of a person at risk or place the notifier or another person at risk of intimidation or harassment. Health Professions Registration Act 2005 - SECT 49 Powers of investigator 49. Powers of investigator An investigator may- (a) by written notice given to a person, require the person to do either or both of the following- (i) to give stated information to the investigator within a stated reasonable time and in a stated reasonable way; (ii) to attend before the investigator at a stated reasonable time and place to answer questions or to produce a stated thing; and (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 determined by the investigator. Health Professions Registration Act 2005 - SECT 50 Investigation to be conducted expeditiously 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. (2) Until the investigation is completed and a decision is made under section 59 about the matter being investigated, the responsible board must, at intervals of not more than 3 months, report to the following persons about the progress of the investigation- (a) any notifier in relation to the matter being investigated; (b) the health practitioner or student being 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 responsible board to comply with subsection (2). Division 3-Health assessments Health Professions Registration Act 2005 - SECT 51 Health assessments 51. Health assessments (1) If a registered health practitioner or student agrees to undergo a health assessment, the health 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. (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. (3) The responsible board must pay for the assessment. Health Professions Registration Act 2005 - SECT 52 Report of health assessment 52. Report of health assessment (1) The assessing health practitioner must give a report of his or her assessment to the investigator. (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 subsection (3) applies; and (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 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 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 nominated by that health practitioner or that student. (4) Before acting under subsection (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 be continued by a health practitioner, the responsible board may appoint a health practitioner as an investigator to continue the investigation. Health Professions Registration Act 2005 - SECT 53 Refusal to attend or co-operate 53. Refusal to attend or co-operate (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 (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. (2) After receiving a report from the investigator under subsection (1), the responsible board may refer the matter to a hearing by a health panel or to VCAT for a Tribunal hearing. Health Professions Registration Act 2005 - SECT 54 Health assessments required by a panel 54. Health assessments required by a panel (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. (2) The responsible board must pay for the assessment. (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 dealing with that finding. Division 4-Performance assessments Health Professions Registration Act 2005 - SECT 55 Performance assessment 55. Performance assessment (1) If a registered health practitioner agrees to undergo a performance assessment, the health 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 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 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 assessment. Health Professions Registration Act 2005 - SECT 56 Report of performance 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, to the health practitioner being investigated. (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 prepared to alter the way in which he or she practises as a health practitioner. Health Professions Registration Act 2005 - SECT 57 Refusal to attend or co-operate 57. Refusal to attend or co-operate (1) If a registered health practitioner who is the subject of an investigation under this Part- (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 responsible board together with any recommendations of the investigator to the board. (2) After receiving a report from the investigator under subsection (1), the responsible board may refer the matter to a hearing by a professional standards panel or to VCAT for a Tribunal hearing. Health Professions Registration Act 2005 - SECT 58 Performance assessments required by a panel 58. Performance assessments required by a panel (1) If a panel established under this Act requires a health practitioner to undergo a performance 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. (3) An 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 and, in the case of an adverse finding in the report, the possible ways of dealing with that finding. Division 5-Powers after investigation Health Professions Registration Act 2005 - SECT 59 Powers of board after investigation completed 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 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 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; (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, 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 matter to VCAT for a Tribunal hearing; (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, 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 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 investigation and the notifier- (a) notice of a decision made under subsection (2) within 7 days after making the decision; and (b) in the case of a decision to take no further 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 subsection (2)(c), the responsible board may enter into an agreement 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 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; (e) undergo a health assessment or further health assessment; (f) undergo counselling; (g) undertake and complete specified further education or training within a specified period. (5) The responsible board may take any action that is necessary to implement an agreement under this section. Health Professions Registration Act 2005 - SECT 60 Review of matter after decision 60. Review of matter after decision (1) A notifier may apply to the responsible board to establish an investigation review panel to review a decision of the responsible board if- (a) the responsible board has determined under section 45(1)(b) or (c) not to conduct an 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 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 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 exercise all the powers of an investigator during the course of a review. (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; (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; (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. (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. Division 6-Hearings by professional standards panels Health Professions Registration Act 2005 - SECT 61 Establishment of a professional standards panel 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 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. (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. Health Professions Registration Act 2005 - SECT 62 Notice of a professional standards panel hearing 62. Notice of a professional standards panel hearing (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; 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 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 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 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 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 (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 or orders the panel can give. Health Professions Registration Act 2005 - SECT 63 Outcome of a professional standards panel's hearing 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 following- (a) that the health practitioner has, whether by act or omission, engaged in unprofessional conduct; (b) that the health practitioner has not engaged in unprofessional conduct; (c) that the health practitioner may have engaged in professional misconduct; (d) the practitioner's professional performance has been unsatisfactory. (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 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 practitioner's ability to practise is affected, that the matter be referred to a health panel hearing; (c) that the health practitioner be cautioned; (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 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 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 misconduct or that the practitioner's professional performance has not been unsatisfactory. Health Professions Registration Act 2005 - SECT 64 Referral to a health assessment or a Tribunal hearing 64. Referral to a health assessment or a Tribunal hearing (1) The professional standards panel may, at any time 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 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 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 (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. (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 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- (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. Division 7-Hearings by health panels Health Professions Registration Act 2005 - SECT 65 Establishment of 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 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 board or panel is of the opinion that- (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 (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; 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 panel if the person has been involved in any proceedings under this Part relating to the matter to be referred to the panel. Health Professions Registration Act 2005 - SECT 66 Notice of a health panel hearing 66. Notice of a health panel hearing (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 or student by post. (2) A notice of a panel hearing under subsection (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 practitioner or student; and (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 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 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 (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 or orders the panel can give. Health Professions Registration Act 2005 - SECT 67 Outcome of health panel's hearing 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 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- (i) of the physical or mental health of the health practitioner; or (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 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-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. (2) If the health panel makes a finding under subsection (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 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 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 board. (3) Without limiting the powers of the health panel under subsection (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 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 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 subsection (1)(c), the panel may determine that no 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. Health Professions Registration Act 2005 - SECT 68 Referral to a health assessment or a Tribunal hearing 68. Referral to a health assessment or a Tribunal 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 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 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. (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 health panel is of the opinion that the student's ability to undertake clinical training is 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 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. (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 Health Professions Registration Act 2005 - SECT 69 Conduct of a panel hearing 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 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) or (d); (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 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 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 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 justice; (i) the procedure of a panel is otherwise in its discretion. (2) Despite subsection (1)(h)- (a) a professional standards panel may, when 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 practitioner made for the purposes of a health or performance assessment under Division 3 or 4; (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 under section 42, a person must not publish or broadcast the identity of the notifier. Penalty: 60 penalty units in the case of a natural person and 300 penalty units in the case of a body corporate. Health Professions Registration Act 2005 - SECT 70 Change of panel hearing to Tribunal hearing during course of hearing 70. Change of panel hearing to Tribunal hearing during course of hearing (1) If, before the end of a hearing by a panel- (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 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 and refer the matter to a Tribunal hearing. Health Professions Registration Act 2005 - SECT 71 Request for Tribunal hearing upon completion of panel 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 hearing may apply to VCAT for a Tribunal hearing to be held to review any findings and determinations of the panel hearing. Health Professions Registration Act 2005 - SECT 72 Effect of determinations 72. Effect of determinations (1) A determination made by a panel on a hearing 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. (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. (3) A determination of a panel is to have effect as if it were a determination of the responsible board. Health Professions Registration Act 2005 - SECT 73 Reasons for determinations of panel 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 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 for the reasons for that determination. (3) An application under subsection (2) must be made within 45 days after the making of the determination. (4) The panel must give the reasons to the person referred to in subsection (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 Health Professions Registration Act 2005 - SECT 74 Removal of suspension or condition 74. Removal of suspension or condition (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 board must remove the suspension. (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. Health Professions Registration Act 2005 - SECT 75 Notice of determinations 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 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- (a) if the health practitioner is an employee, to his or her employer; (b) to the Secretary to the Department of Justice for the purposes of the Working with Children Act 2005. (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 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; (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, to that authority. (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- 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. (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 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. __________________ Health Professions Registration Act 2005 - PART 4 PART 4 PROCEEDINGS AND REVIEW BY VCAT Division 1-Proceedings by VCAT Health Professions Registration Act 2005 - SECT 76 Applications to 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 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 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 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 found guilty of such an offence. Health Professions Registration Act 2005 - SECT 77 Determinations of VCAT 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 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 a health practitioner is affected; or (c) the health practitioner's performance has been unsatisfactory; or (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. (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 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 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 practitioner- (a) require the health practitioner to undergo counselling; (b) caution the health practitioner; (c) reprimand the health practitioner; (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 practitioner; (f) impose a fine on the health practitioner of not more than $50 000 to be paid to the responsible board; (g) suspend the registration of the health practitioner for the period specified in the determination; (h) cancel the registration of the health practitioner; (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 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; (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 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 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 Territory of the Commonwealth or of New Zealand. (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; (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. (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 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. Division 2-Review of decisions of boards and panels Health Professions Registration Act 2005 - SECT 78 Review by VCAT 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- (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; or (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 (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 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 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 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- (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 (c) a finding or determination made at a health panel hearing under Part 3; or (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 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 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 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 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- (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 subsection (1)(f) or (g) or (2)(d) or (e), the student or practitioner requests in writing that an investigation be conducted. Division 3-Publicising disciplinary action Health Professions Registration Act 2005 - SECT 79 Notification 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 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 notify any person who was notified of the original decision, finding or determination of any change to that decision, finding or determination by VCAT. __________________ Health Professions Registration Act 2005 - PART 5 PART 5 OFFENCES AND REGULATED CONDUCT Division 1-Offences applying to health professions generally Health Professions Registration Act 2005 - SECT 80 Claims by persons as to registration 80. Claims by persons as to registration (1) A person who is not a registered health 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, 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 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 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 (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. (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 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 (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 endorsement of registration unless the person is so registered. TABLE acupuncturist, Chinese medicine practitioner, Chinese herbal dispenser, Chinese herbal medicine practitioner, Oriental medicine practitioner registered acupuncturist, registered Chinese medicine practitioner, registered Chinese herbal dispenser, registered Oriental medicine practitioner chiropodist, podiatrist registered chiropodist, registered podiatrist chiropractor registered chiropractor advanced dental technician, dentist, dental auxiliary, dental hygienist, dental practitioner, dental prosthetist, dental surgeon, dental specialist, dental therapist registered advanced dental technician, registered dentist, registered dental auxiliary, registered dental hygienist, registered dental practitioner, registered dental prosthetist, registered dental surgeon, registered dental specialist, registered dental therapist medical practitioner, medical specialist registered medical practitioner, registered medical specialist nurse, nurse practitioner, mental retardation nurse, midwife, mothercraft nurse, psychiatric nurse registered nurse, registered nurse practitioner, registered mental retardation nurse, registered midwife, registered mothercraft nurse, registered psychiatric nurse optometrist registered optometrist osteopath registered osteopath pharmacist, pharmaceutical chemist registered pharmacist, registered pharmaceutical chemist physiotherapist registered physiotherapist physical therapist registered physical therapist psychologist registered psychologist radiographer, nuclear medicine technologist, radiation therapist registered radiographer, registered nuclear medicine 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 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. (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) 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 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 (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. 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 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. Penalty: 60 penalty units. (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 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. (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 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. (9) Subsections (1)(b), (c) and (d) do not apply to- (a) a registered student who is providing regulated health services in accordance with the student's registration; or (b) a person who is not a registered student but is providing regulated health services in the course of undertaking clinical training in accordance with section 82(1)(a). (10) If a body corporate contravenes subsection (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 commission of the offence also commits an offence under subsection (1) and is liable for the penalty applicable to a natural person for that offence. (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 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 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 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 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 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 (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. (13) Nothing in subsection (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 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 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 Act. Health Professions Registration Act 2005 - SECT 81 Use of titles in educational institutions 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 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. Penalty: 60 penalty units. Health Professions Registration Act 2005 - SECT 82 Clinical training 82. Clinical training (1) A person is not entitled to undertake clinical training as part of a course of study or training referred to in section 5(1)(a) or (ab) unless- (a) the clinical training is approved by the responsible board; and (b) if the clinical training is approved by a relevant responsible board, the person is a registered student under this Act. (2) In this section- relevant responsible board means one of the following responsible boards- (a) the Dental Practice Board of Victoria; (b) the Medical Practitioners Board of Victoria; (c) the Pharmacy Board of Victoria; (d) another responsible board prescribed under the regulations for the purposes of this definition. Health Professions Registration Act 2005 - SECT 83 Fraud, forgery etc. 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 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 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 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). Penalty: 120 penalty units or imprisonment for a period of 1 year or both. Health Professions Registration Act 2005 - SECT 84 Offence to provide unregistered health practitioners 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 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. (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 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. (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 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 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, 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. Health Professions Registration Act 2005 - SECT 85 Offence of directing or inciting unprofessional conduct 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 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. (2) If a body corporate commits an offence against subsection (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 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. (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. (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 Health Services Act 1988. Health Professions Registration Act 2005 - SECT 86 Convicted offenders may be prohibited from carrying on business 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 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. (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 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. (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 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 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 interest in a pharmacy business. (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 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. Health Professions Registration Act 2005 - SECT 87 Lifting of prohibition 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 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 section. Health Professions Registration Act 2005 - SECT 88 Offence of carrying on business while prohibited 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 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 the case of a body corporate. Health Professions Registration Act 2005 - SECT 89 Effect of appeal against conviction 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. Health Professions Registration Act 2005 - SECT 90 Power to require information from convicted persons 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 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 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 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 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. (5) The direction must specify a period of not less than 7 days as the period within which the required information must be provided. (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. (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 the case of a body corporate. Health Professions Registration Act 2005 - SECT 91 Register of prohibitions 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 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 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; (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; (e) if the prohibition is limited in any other way by the responsible board or the Secretary, a description of that limitation. (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. Health Professions Registration Act 2005 - SECT 92 Evidentiary certificate 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 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 evidence to the contrary, is proof of the matters stated in it. Health Professions Registration Act 2005 - SECT 93 Secretary to notify responsible board of prohibitions 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 responsible board of that prohibition. Health Professions Registration Act 2005 - SECT 94 Advertising 94. Advertising (1) A person must not advertise a regulated health service or a business providing regulated health services in a manner which- (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 advertisement also sets out the terms and conditions of that offer; or (c) refers to, uses or quotes from testimonials or purported testimonials; or (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. 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 subsection (1), an 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 party to the commission of the offence also commits an offence under subsection (1) and is liable for the penalty applicable to a natural person for that offence. (3) A person who, in good faith, publishes or prints an advertisement which contravenes subsection (1) on behalf of another person, is not guilty of an offence under that subsection. Health Professions Registration Act 2005 - SECT 95 Advertising guidelines 95. Advertising guidelines (1) The Governor in Council may, on the recommendation of the Minister, by notice published in the Government Gazette, issue 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 person nominated by the Minister in formulating guidelines for the consideration of the Minister. (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 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. (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 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. Health Professions Registration Act 2005 - SECT 96 Power of the courts to require corrective advertising 96. Power of the courts to require corrective advertising 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 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- (i) to the public or any person or class of persons specified in the order; and (ii) in the manner specified in the order; (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 (ii) in the manner and at the times specified in the order. Division 2-Offences for nurses Health Professions Registration Act 2005 - SECT 97 Additional offences in relation to nurses 97. Additional offences in relation to nurses A registered nurse whose registration is not 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 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 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. Penalty: 60 penalty units. Division 3-Dental care providers Health Professions Registration Act 2005 - SECT 98 Restriction on practising dentistry 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- (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 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 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 subsection (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, without fee or reward, if a person is in pain and no dental care provider or medical practitioner registered under this Act is available; (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 purposes of this Act. Division 4-Optometrists Health Professions Registration Act 2005 - SECT 99 Restriction on practising optometry 99. Restriction on practising optometry (1) A person must not knowingly do any of the following unless the person is registered as an 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; (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. (2) Subsection (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 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 if the request or referral has been made within 6 months before that measurement or prescription; or (b) employed by- (i) a registered funded agency within the meaning of the Health Services Act 1988; or (ii) a medical practitioner registered under this Act who practises as an ophthalmologist; or (iii) a person or body prescribed by the regulations. (3) Also, subsection (1) does not apply to a person who- (a) is a registered medical practitioner; or (b) is employed or engaged by a person who is registered as an optometrist under this Act and is assisting the optometrist to perform an activity referred to in that subsection under the optometrist's supervision; or (c) is employed or engaged by an ophthalmologist and is assisting the ophthalmologist to perform an activity referred to in that subsection under the ophthalmologist's supervision. (4) In this section- ophthalmologist means a registered medical practitioner whose registration is endorsed, under section 27, to the effect that the medical practitioner is qualified to practise as a specialist practitioner in ophthamology. __________________ Health Professions Registration Act 2005 - PART 6 PART 6 PHARMACY Division 1-Interpretation Health Professions Registration Act 2005 - SECT 100 Definition 100. Definition In this Part- Board means the Pharmacy Board of Victoria continued in operation under this Act. Division 2-Ownership and operation Health Professions Registration Act 2005 - SECT 101 Ownership of pharmacy businesses 101. Ownership of pharmacy businesses (1) A person must not own or have a proprietary interest in a pharmacy business unless the person is- (a) a registered pharmacist; (b) a company registered under the Corporations Act- (i) whose directors are all registered pharmacists; and (ii) in which all the shares and the beneficial and legal interest in those shares are held by registered pharmacists; (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 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 (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 (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 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 (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 (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 (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 company referred to in paragraph (c); (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 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 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. 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 subsection (1)(b) must not own or have a 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 subsection (1)(c), (d) or (e) in respect of an 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 who carried on a pharmacy business at the time of his or her death; or (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 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 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 subsection (1) or (2) applies to an interest created when a person referred to in subsection (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. (6) A company referred to in subsection (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 Corporations Act about- (a) the company; or (b) a company referred to in subsection (1)(d) of which it is a wholly owned subsidiary. (7) The Board may require a person referred to in subsection (1) to give the Board any information or produce any documents relating to the person's ownership or proprietary interest in a pharmacy business. (8) A person must not fail or refuse to give the Board any information required under subsection (6) or (7) or fail or refuse to produce any documents required under subsection (7) or wilfully mislead the Board when giving the information. 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 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 under subsection (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. Health Professions Registration Act 2005 - SECT 102 Establishment of pharmacy businesses and pharmacy departments 102. Establishment of pharmacy businesses and 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 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, registered community health centre, private hospital or privately-operated hospital within the meaning of the Health Services Act 1988 that is acting in accordance with the provisions of the Health Services Act 1988; and (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 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 to in section 101(4) who is carrying on a pharmacy business in accordance with that subsection. Health Professions Registration Act 2005 - SECT 103 Approval of pharmacies, pharmacy businesses or pharmacy departments 103. Approval of pharmacies, pharmacy businesses or pharmacy departments (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 (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 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 pharmacy business or pharmacy department at the premises comply with- (a) good pharmacy practice; and (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 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 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 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 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 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 under subsection (1) any business or activity unless that business or activity is approved by the Board and specified in the approval. (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 that the Board itself disapproves of the geographical location of those premises. Health Professions Registration Act 2005 - SECT 104 Establishment and operation of pharmacy depots 104. Establishment and operation of pharmacy depots (1) A person approved to carry on a pharmacy business or pharmacy department under 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; (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 satisfied that- (a) the premises of the pharmacy depot provide secure storage for the prescriptions and medicines referred to in subsection (1); and (b) the applicant will have suitable arrangements 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 pharmacist and the person to whom the medicines are dispensed; and (iii) those conversations are able to be conducted in confidence; and (c) the person who will operate the pharmacy depot will be at least 18 years of age. Health Professions Registration Act 2005 - SECT 105 Notifications about pharmacy businesses and pharmacy departments 105. Notifications about pharmacy businesses and pharmacy departments (1) If- (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 business; or (ii) change the address of the premises of the pharmacy business- the person must notify the Board as soon as is practicable. 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. Penalty: 10 penalty units. Division 3-Pharmacists' responsibilities Health Professions Registration Act 2005 - SECT 106 Notification by pharmacists 106. Notification by pharmacists (1) A registered pharmacist must, within 14 days after the pharmacist commences to supply, compound 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) Subsection (1) does not apply to a person who has agreed in writing with the Board to notify the Board in the circumstances agreed with the Board. Health Professions Registration Act 2005 - SECT 107 Controls over the supply, compounding or dispensing of medicines 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 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 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. Health Professions Registration Act 2005 - SECT 108 Personal supervision of pharmacy or pharmacy department 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. (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 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 (c) the registered pharmacist who is regularly and usually in charge of the pharmacy or pharmacy department; and (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 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- (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 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 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 department. Health Professions Registration Act 2005 - SECT 109 Access to closed pharmacies and pharmacy departments 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 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. (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 for providing pharmacy services unless a registered pharmacist is present. Penalty: 20 penalty units. Division 4-Other requirements Health Professions Registration Act 2005 - SECT 110 Dispensing and recording of prescriptions 110. Dispensing and recording of prescriptions (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. (2) A registered pharmacist must keep a record of every prescription supplied, compounded or dispensed by the pharmacist in accordance with subsection (3). (3) The record of a prescription must be in English 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 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 supplied on the label; (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. (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 dispensing; (c) be certified by the registered pharmacist who dispensed the prescription with his or her handwritten signature within 24 hours after the dispensing- (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 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 medicine was dispensed, the date of dispensing and from information on the label on the container. Health Professions Registration Act 2005 - SECT 111 Security at pharmacy depots 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 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 Health Professions Registration Act 2005 - SECT 112 Applications for approvals 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 the fee fixed by the Board. Health Professions Registration Act 2005 - SECT 113 Revocation of approvals 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 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 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 against this Act or the regulations; or (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 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, 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 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 (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- 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 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 specified failure or circumstance. (3) In determining whether to give a notice under subsection (2), the Board must consider- (a) the conduct of the person carrying on the pharmacy business, pharmacy department or pharmacy depot; and (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; 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 with this Act, the regulations or any condition of approval. Division 6-Offences Health Professions Registration Act 2005 - SECT 114 Use of title 114. Use of title (1) Section 80 does not apply to the use of a name or 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. (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 practising as a pharmacist in respect of that pharmacy business. Health Professions Registration Act 2005 - SECT 115 Claims by persons as to approval 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 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 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 (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 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 pharmacists. Health Professions Registration Act 2005 - SECT 116 Undue influence 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 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 (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 (c) the right to receive any consideration that varies according to the profits or takings in respect of the business- is void. __________________ Health Professions Registration Act 2005 - PART 7 PART 7 ADMINISTRATION Division 1-Responsible boards Health Professions Registration Act 2005 - SECT 117 Existing and new boards 117. Existing and new boards (1) The responsible boards referred to in Schedule 1 are established or continue in operation under and subject to this Act. (2) A responsible board- (a) is a body corporate with perpetual succession; and (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 (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 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 the responsible board on a document and, until the contrary is proved, must presume that the document was properly sealed. Health Professions Registration Act 2005 - SECT 118 Powers and functions of responsible boards 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 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 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 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 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 where necessary; (f) to investigate the suitability of students regulated by the board to undertake clinical training and impose sanctions where necessary; (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 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 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 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 of registration as a health practitioner including supervised practice and examinations; (k) to initiate, promote, support, fund or participate in programs that the responsible 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; (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. (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 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 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. (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 of this Act or the regulations or any other Act or regulations the provision of the Act or the regulations prevails. Health Professions Registration Act 2005 - SECT 119 Consultation requirements 119. Consultation requirements (1) In carrying out its functions and exercising its 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 health services and medicines; (ii) to minimise the community's exposure to health risks associated with the provision of regulated health services; (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 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 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. (4) A responsible board is not required to consult in accordance with subsection (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. Health Professions Registration Act 2005 - SECT 120 Membership of a responsible board 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- (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 practitioners in the health profession regulated by the board. Health Professions Registration Act 2005 - SECT 121 Terms of office 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 reappointment. (3) The Public Administration Act 2004 (other than Part 3 of that Act) applies to a member in respect of the office of member. (4) Despite subsection (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 3 months to enable the vacancy in the member's office to be filled. Health Professions Registration Act 2005 - SECT 122 Resignation and removal 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 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 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 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 subsection (6). (5) A member appointed under subsection (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 be available to fill vacancies in the office of member under this section. Health Professions Registration Act 2005 - SECT 123 President and Deputy President 123. President and Deputy President (1) The Governor in Council may, on the recommendation of the Minister, appoint 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 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 subsection (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 subsection (1) may resign that office by writing signed by the person and addressed to the Minister. (5) The Governor in Council may at any time remove a person appointed under subsection (1) from office. (6) A person appointed to an office under subsection (1) ceases to hold that office on ceasing to be a member of the responsible board. Health Professions Registration Act 2005 - SECT 124 Acting member 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 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 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 exercise all the powers and perform all the duties and functions of the member. Health Professions Registration Act 2005 - SECT 125 Payment of members 125. Payment of members (1) A member or acting member of a responsible board, other than a member who is an employee 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 board is entitled to receive the allowances that are fixed from time to time by the Governor in Council. Health Professions Registration Act 2005 - SECT 126 Procedure of responsible board 126. Procedure of responsible board (1) The President or, in the absence of the President, the Deputy President, must preside at a meeting of the responsible board at which he or she is present. (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. (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. Health Professions Registration Act 2005 - SECT 127 Effect of vacancy or defect 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 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. Health Professions Registration Act 2005 - SECT 128 Member's interests 128. Member's interests (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 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 board at which the member does not intend to be present, disclose the nature of the interest to the President or Deputy President 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 responsible board; and (b) must leave the meeting while any vote is taken on a question relating to the matter. Health Professions Registration Act 2005 - SECT 129 Resolutions without meetings 129. Resolutions without meetings (1) If- (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 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 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 subsection (1), deemed to have been passed at a meeting of the responsible 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 subsection (1), 2 or more separate documents containing a statement in identical terms, each of which is signed by one or more members, are deemed to constitute one document. (4) The majority of members referred to in subsection (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 the responsible board relating to a matter being considered under Part 3. Health Professions Registration Act 2005 - SECT 130 Approved methods of communication for responsible board 130. Approved methods of communication for responsible board (1) If not less than two-thirds of the members of a 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 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 subsection (1) is present at 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; (b) does not apply to a meeting conducted for the purposes of Part 3 (other than section 40). Health Professions Registration Act 2005 - SECT 131 Immunity 131. Immunity (1) A member of the responsible board, the registrar or a member of a panel or committee appointed by 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- (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. (2) Any liability resulting from an act or omission that would but for subsection (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. Health Professions Registration Act 2005 - SECT 132 Staff 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 Act. Health Professions Registration Act 2005 - SECT 133 Delegation 133. Delegation (1) A responsible board may, in writing, delegate to- (a) a member of the responsible board; or (b) the registrar or another person employed by the board under section 132; or (ba) a person engaged by the board to provide services to the board- its powers and functions under this Act, other than- (c) the power to refuse to grant or refuse to 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 (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 (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 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 Health Professions Registration Act 2005 - SECT 134 Establishment of general committees 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 registered by the board under this Act. (2) The responsible board may determine the matters to be considered by a committee. Health Professions Registration Act 2005 - SECT 135 Establishment of prescribing practice advisory committees 135. Establishment of prescribing practice advisory committees (1) A responsible board referred to in subsection (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 may be endorsed under section 20; (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 Act 1981; (c) the content and standard of clinical experience that provide competence for each endorsement of registration referred to in paragraph (b); (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 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 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 responsible board about any other matter relating to the endorsement of registration of health practitioners referred to in subsection (1)(b) or about health practitioners whose registration has that endorsement. (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 Victoria. Health Professions Registration Act 2005 - SECT 136 Membership of committees 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- (a) at least one person is to be a member of the board; and (b) each is to have expertise in the matters to be considered by the committee. (2) Without limiting subsection (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; and (b) unless paragraph (c) applies- (i) a health practitioner registered by the responsible board with clinical expertise relevant to health practitioners registered by the responsible board; and (ii) a registered medical practitioner with clinical expertise relevant to health practitioners registered by the responsible board; and (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 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; and (e) an academic or educator in the health profession regulated by the responsible board. Division 3-Approval of positions for provisional registration Health Professions Registration Act 2005 - SECT 137 Approval of positions for provisional 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 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 position under this section while a person is undertaking supervised practice or intern training in that position. __________________ Health Professions Registration Act 2005 - PART 8 PART 8 FINANCIAL PROVISIONS Health Professions Registration Act 2005 - SECT 138 Board funds 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 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 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 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, 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 (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 responsible board and approved by the Minister. (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 than the amount (if any) specified in relation to that year by the Attorney-General by written notice given to the responsible board. Health Professions Registration Act 2005 - SECT 139 Investment powers 139. Investment powers A responsible board may invest money credited to 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 approves. Health Professions Registration Act 2005 - SECT 140 Powers of responsible board in relation to fees 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 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 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. (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. Health Professions Registration Act 2005 - SECT 141 Repayment of advances 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 Treasurer, determines are required to repay advances from the Public Account for the operation of the responsible board. (2) Payments under subsection (1) must be made in accordance with any other terms and conditions 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 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 subsection (1). (4) The responsible board must at any time that the 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 subsection (1). __________________ Health Professions Registration Act 2005 - PART 9 PART 9 ENFORCEMENT AND SUPPLEMENTARY PROVISIONS Division 1-General provisions Health Professions Registration Act 2005 - SECT 142 Proceedings for offences 142. Proceedings for offences (1) A responsible board may authorise any of the following persons to take proceedings under this Act in the name of the responsible board- (a) the registrar or another person employed by the board under section 132; (b) a person engaged by the board to provide services to the board. (2) Any prosecution instituted in the name of the 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 subsection (1), take proceedings for an offence against section 85, 88 or 90. Health Professions Registration Act 2005 - SECT 143 Authorisation of persons to assist in enforcement 143. Authorisation of persons to assist in enforcement (1) A responsible board may authorise any of the following persons to carry out functions and exercise powers under this Part- (a) the registrar or another person employed by the board under section 132; (b) a person engaged by the board to provide services to the board. (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 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 subsection (1) may exercise powers under section 145. Health Professions Registration Act 2005 - SECT 144 Identification 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. (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 or 90. (3) An authorised person must produce his or her 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. Penalty: 10 penalty units. Health Professions Registration Act 2005 - SECT 145 Special powers of entry to pharmacies 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 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 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, 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. (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. (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. (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 to in paragraph (a). Health Professions Registration Act 2005 - SECT 146 Pharmacy Board may examine documents 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 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- (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 or any review of any decision of the Pharmacy Board of Victoria; or (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 Pharmacy Board of Victoria. Health Professions Registration Act 2005 - SECT 147 General powers of entry with warrant 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 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 (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 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, 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 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 named in the warrant- (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 (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. (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 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 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 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. Health Professions Registration Act 2005 - SECT 148 Announcement before entry 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. (2) The person need not comply with subsection (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 frustrated. Health Professions Registration Act 2005 - SECT 149 Copy of warrant to be given 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 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 copy of the warrant. Health Professions Registration Act 2005 - SECT 150 Copies or receipts to be given 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 (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 occupier or person as soon as practicable after the seizure. (2) If a person seizes a thing under this Part and has not provided a copy of the thing or information under subsection (1) the person must provide a receipt for that thing as soon as practicable after the seizure. Health Professions Registration Act 2005 - SECT 151 Copies of seized documents 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 document certified as correct by the authorised person. (2) A copy of a document certified under subsection (1) shall be received in all courts and tribunals to be evidence of equal validity to the original. Health Professions Registration Act 2005 - SECT 152 Retention and return of seized documents or things 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 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 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) have not been completed; or (b) the Magistrates' Court makes an order under section 153 extending the period during which the document or thing may be retained. Health Professions Registration Act 2005 - SECT 153 Magistrates' Court may extend 3 month period 153. Magistrates' Court may extend 3 month period (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 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 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 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 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 (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 cancellation of registration of a health practitioner or student or the revocation of the approval of a pharmacy business, pharmacy department or pharmacy depot. (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. Health Professions Registration Act 2005 - SECT 154 Protection against self-incrimination 154. Protection against self-incrimination (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 thing would tend to incriminate the person. (2) Despite subsection (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 the document would tend to incriminate the person. Health Professions Registration Act 2005 - SECT 155 Offence to give false or misleading information 155. Offence to give false or misleading information A person must not- (a) give information to an authorised person 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 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. Health Professions Registration Act 2005 - SECT 156 Offence to hinder or obstruct authorised person 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. Division 2-Special powers for provisional registration Health Professions Registration Act 2005 - SECT 157 Examination of intern training records 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 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 (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 any person performing similar functions to provide any information relating to the positions or proposed positions. __________________ Health Professions Registration Act 2005 - PART 10 PART 10 GENERAL Health Professions Registration Act 2005 - SECT 158 Regulations 158. Regulations (1) The Governor in Council may make regulations for or with respect to- (a) registration of health practitioners and 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 noted on the register and the manner of keeping the register; (c) the approval of pharmacies, pharmacy businesses, pharmacy departments and pharmacy depots; (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 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- (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, rule, specification, or method, formulated, 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 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 satisfaction of a specified person. Health Professions Registration Act 2005 - SECT 159 Minister's powers of approval 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. (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 motion. (4) The Minister may revoke an approval granted by the Minister under this Act. Health Professions Registration Act 2005 - SECT 160 Provision of information to Minister 160. Provision of information to Minister (1) A responsible board must collect and keep 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 subsection (1) that is reasonably required by the Minister for planning the workforce of health practitioners in Victoria. (3) A responsible board must not provide information to the Minister in a form that identifies any individual health practitioner. Health Professions Registration Act 2005 - SECT 161 Disclosure of information to other agencies 161. Disclosure of information to other agencies (1) A responsible board may disclose information 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; (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 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 subsection (1)(a) or (b) to fulfil their functions. __________________ Health Professions Registration Act 2005 - PART 11 PART 11 AMENDMENTS, REPEALS, TRANSITIONALS AND SAVINGS Division 1-Repeals, savings and transitionals Health Professions Registration Act 2005 - SECT 162 Definition 162. Definition In this Division- repealed provision means an Act or provision referred to in section 163. Health Professions Registration Act 2005 - SECT 163 Repeals 163. Repeals (1) The following Acts are repealed- (a) the Chinese Medicine Registration Act 2000; (b) the Chiropractors Registration Act 1996; (c) the Dental Practice Act 1999; (d) the Medical Practice Act 1994; (e) the Nurses Act 1993; (f) the Optometrists Registration Act 1996; (g) the Osteopaths Registration Act 1996; (h) the Pharmacy Practice Act 2004; (i) the Physiotherapists Registration Act 1998; (j) the Podiatrists Registration Act 1997; (k) the Psychologists Registration Act 2000. (2) Section 108AL of the Health Act 1958 is repealed. Health Professions Registration Act 2005 - SECT 164 Saving of references 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 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 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. Health Professions Registration Act 2005 - SECT 165 Establishment of Board 165. Establishment of Board (1) There is established the Medical Radiation Practitioners Board of Victoria. (2) The Board- (a) is a body corporate with perpetual succession; and (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 (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. (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. (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. (6) The Board is a responsible board for the purposes of this Act. Health Professions Registration Act 2005 - SECT 166 Responsible boards continue under this Act 166. Responsible boards continue under this Act (1) On the repeal of an Act referred to in section 163(1)- (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 (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 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 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 (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 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 account administered by the responsible board under section 138. (2) The assets that become assets of the responsible board under subsection (1)- (a) if they are moneys or amounts standing to 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 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. (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 commencement of this section, be construed as a reference to that responsible board continued in operation under this Act unless the context otherwise requires. Health Professions Registration Act 2005 - SECT 167 Additional savings and transitionals for new Board 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 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 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 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 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 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. (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 decision under this Act. (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 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. (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 Victoria under the repealed provision. Health Professions Registration Act 2005 - SECT 168 Existing proceedings before a responsible board 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 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 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 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. (1A) Without limiting subsection (1), a list of persons approved by the Governor in Council under a repealed provision to be appointed to a hearing panel for a formal or informal hearing established by a responsible board continues in effect, for the purposes of subsection (1), on and after the commencement of this section as if the repealed provision had not been repealed. (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. (3) This section does not apply to activities that are the subject of proceedings to which section 167 applies. Health Professions Registration Act 2005 - SECT 169 What if no proceedings started before commencement of this Act? 169. What if no proceedings started before commencement of this Act? (1) In the case of activities of a person which occurred before the commencement of section 163 and in respect of which- (a) no investigation, inquiry or hearing has been commenced under the repealed provision; or (b) no proceeding has been taken under the repealed provision- this Act applies to the extent that there was power in relation to those activities to conduct an investigation, inquiry or hearing or to take a proceeding under the repealed provision. (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 provision. (3) This section does not apply to activities that are the subject of proceedings to which section 167 applies. Health Professions Registration Act 2005 - SECT 170 Existing registrations 170. Existing registrations (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 of this Act. (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 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 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 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 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 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 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. (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 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. (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 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 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 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 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. (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 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 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 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. (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 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 be registered with those qualifications noted on the person's registration under section 12 of this Act. (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 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 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 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 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 reference to the health practitioner registered under this Act unless the context otherwise requires. Health Professions Registration Act 2005 - SECT 171 Expiry of existing registrations 171. Expiry of existing registrations (1) Despite section 170, the deemed registration of a 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 of section 163, whichever occurs first. (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 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. Health Professions Registration Act 2005 - SECT 172 Existing registers 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 commencement of Part 2 of this Act is deemed to be the register kept by the corresponding board under this Act. (2) Despite subsection (1), the division of registered students and the subdivision of dental specialists 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; (b) a division of dental prosthetists; (c) a division of dental hygienists consisting of the former subdivision of dental hygienists; (d) a division of dental therapists consisting of the former subdivision of dental therapists. (3) Despite subsection (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; (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 be registered in the equivalent division of the register under this Act. Health Professions Registration Act 2005 - SECT 173 Existing pharmacies, pharmacy departments and pharmacy depots 173. Existing pharmacies, pharmacy departments and pharmacy depots (1) If a pharmacy business, pharmacy department or 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 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 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. (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 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 subsection (2) acquires 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 subsection (2) as at the date of the new acquisition must be taken into account in calculating the number of pharmacy businesses the person owns or has a proprietary interest in for the purposes of section 101(2). Health Professions Registration Act 2005 - SECT 174 Cap on growth of pharmacy ownership for friendly society type companies 174. Cap on growth of pharmacy ownership for friendly society type companies (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- (a) on and from 1 July 2007; and (b) to a pharmacy business if the business is carried on at premises approved or deemed 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) or (e) must not acquire ownership of any pharmacy business, except in accordance with this section. Penalty: 1200 penalty units. (4) Subsection (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 date, acquired ownership of any pharmacy business so that the total number of pharmacy businesses owned by the company at any one time does not exceed 6; or (b) immediately before 16 November 2004, owned 6 or more pharmacy businesses and on or after 17 November 2008, acquired ownership of any additional pharmacy business so that the total number of pharmacy businesses owned by the company at any one time does not exceed 30% more than the number of pharmacy businesses that the company owned immediately before 17 November 2008. (5) Subsection (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 and before 17 November 2008 if the number of pharmacy businesses the company owns at any one time 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- (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 (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. (5A) Subsection (3) does not apply to a company referred to in section 101(1)(e) that was formed by amalgamation on or after 17 November 2008 if the number of pharmacy businesses the amalgamated company owns at any one time does not exceed- (a) in the case of the amalgamated company being formed only by companies that, immediately before 16 November 2004, did not own a pharmacy business or owned less than 6 pharmacy businesses, 6 pharmacy businesses; or (b) in the case of the amalgamated company being formed by at least one company that, immediately before 16 November 2004, owned 6 or more pharmacy businesses, 30% more than the number of pharmacy businesses that the largest amalgamating company owned immediately before 17 November 2008. (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 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 subsection (4)(b), (5) or (5A), the total number of pharmacy businesses may be rounded up to the next whole number. (8) In this section largest amalgamating company means a company that- (a) was amalgamated with other companies to form a company; and (b) owned more pharmacy businesses than any other company that was amalgamated to form the company. Health Professions Registration Act 2005 - SECT 175 References to health practitioners 175. References to health practitioners In- (a) an Act; or (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 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. Health Professions Registration Act 2005 - SECT 175A List members 175A. List members On the commencement of section 163, each person whose name was, immediately before the commencement, included in a list of persons approved by the Governor in Council under a repealed provision to be appointed to a hearing panel for a formal or informal hearing established by a responsible board is taken to have his or her name included in a list of names approved by the Governor in Council under Schedule 2 of this Act. Health Professions Registration Act 2005 - SECT 176 Board and list members become members of VCAT 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 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 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 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 subsection (1)- (a) in the case of a person referred to in subsection (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 subsection (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 Victorian Civil and Administrative Tribunal Act 1998; (d) is eligible for re-appointment to VCAT at the expiry of his or her term. Health Professions Registration Act 2005 - SECT 177 Interpretation of Legislation Act 1984 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. Division 2-Drugs, Poisons and Controlled Substances Act 1981 Health Professions Registration Act 2005 - SECT 178 Consequential amendments 178. Consequential amendments (1) In section 4(1) of the Drugs, Poisons and Controlled Substances Act 1981, the definitions of authorised practitioner, dentist, nurse 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 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 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 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 Board of Victoria under section 20 of the Health Professions Registration Act 2005- (a) to use the title nurse practitioner; and (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; 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 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 herbal medicine practitioner by the Chinese Medicine Registration Board of Victoria under the Health Professions Registration Act 2005; registered medical practitioner means a medical practitioner registered by the Medical Practitioners Board of Victoria under the Health Professions Registration Act 2005; registered optometrist means an optometrist 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 Board of Victoria under the Health Professions Registration Act 2005;". Health Professions Registration Act 2005 - SECT 179 Endorsements of registration 179. Endorsements of registration (1) In section 13 of the Drugs, Poisons and Controlled Substances Act 1981- (a) in subsection (1)(ba) for "prescribed in the regulations" substitute "approved by the Minister"; (b) in subsection (1)(c)- (i) for "section 11 of the Optometrists Registration Act 1996" substitute "the Health Professions Registration Act 2005"; (ii) for "Schedule 4 poison" substitute "Schedule 2, 3 or 4 poison for opthalmic use that is approved by the Minister and"; (c) in subsection (1)(d) and (e)- (i) for "section 8 of the Chinese Medicine Registration Act 2000" substitute "the Health Professions Registration Act 2005"; (ii) after "poison" insert "that is approved by the Minister"; (d) in subsection (2A) for "Schedule 4" substitute "Schedule 2, 3 or 4"; (e) in subsection (3A)(a), for "section 8 of the Chinese Medicine Registration Act 2000" substitute "the Health Professions Registration Act 2005"; (f) in subsection (6), for "Part 3 of the Pharmacy Practice Act 2004" substitute "Part 6 of the Health Professions Registration Act 2005". (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 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 registered podiatrist; and". (3) After section 13(2A) of the Drugs, Poisons and Controlled Substances Act 1981 insert- "(2AB) Subsection (1)(ca) shall not be construed as authorising a registered podiatrist referred to 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 Controlled Substances Act 1981- (a) in subsection (1), for "Where pursuant to the Medical Practice Act 1994" substitute "If, under the Health Professions Registration Act 2005,"; (b) in subsection (2), for "established under the Chinese Medicine Registration Act 2000" substitute "continued in operation under the Health Professions Registration Act 2005"; (c) in subsection (3), for "established under the Nurses Act 1993" substitute "continued in operation under the Health Professions Registration Act 2005". (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 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, 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 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 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, 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 Schedule 2, 3 or 4 poison to which the condition, limitation or restriction relates.". (6) In section 20(3A)(a) of the Drugs, Poisons and Controlled Substances Act 1981, for "or (c)" substitute ", (c) or (ca)". Health Professions Registration Act 2005 - SECT 180 New section 14A inserted 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 (1) The Minister may, by notice published in the Government Gazette, 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- (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 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 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 continued or established under the Health Professions Registration Act 2005. (4) The Minister may revoke an approval under this section.". Division 3-Victorian Civil and Administrative Tribunal Act 1998 Health Professions Registration Act 2005 - SECT 181 Victorian Civil and Administrative Tribunal Act 1998 181. Victorian Civil and Administrative Tribunal Act 1998 In Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998, after Part 5 insert- "PART 5A-HEALTH PROFESSIONS REGISTRATION ACT 2005 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 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 Health Professions Registration Act 2005 - SECT 182 Consequential amendments 182. Consequential amendments The Acts mentioned in a heading to an item in Schedule 4 are amended as set out in that item. __________________ Health Professions Registration Act 2005 - SCHEDULE 1 RESPONSIBLE BOARDS The following boards are responsible boards for the purposes of this and any 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; (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 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; (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 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. __________________ Health Professions Registration Act 2005 - SCHEDULE 2 EDULE BODIES ESTABLISHED BY RESPONSIBLE BOARDS 1. Investigations Committees 1.1. A responsible board may establish an investigations committee or committees for the purposes of delegating powers and functions of the board under Divisions 1 to 4 of Part 3 of this Act and section 59 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- (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; (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 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. 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; (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 Services Commissioner. 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 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; (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 a medical practitioner registered under this 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. 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 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- (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 exercise all the functions of a professional standards panel under Part 3 of the Act. 5. General provisions applying to panels and committees 5.1. The Public Administration Act 2004 (other than Part 3 of that Act) applies to a member of a committee or panel established under this 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. 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 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 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). 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 appointed to the office of member under this Schedule. __________________ Health Professions Registration Act 2005 - 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; (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. 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 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 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 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 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. 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; (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 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 pharmaceutical practice; (g) confidential discussions can occur between pharmacists and their clients in privacy; (h) the identity of a medicine being supplied or dispensed to a client of the pharmacy or pharmacy department cannot be known by another person present in the pharmacy or pharmacy department who is not a person carrying on the pharmacy business or pharmacy department or a member of the staff of the business or department. __________________ Health Professions Registration Act 2005 - SCHEDULE 4 Section 182 CONSEQUENTIAL AMENDMENTS TO OTHER ACTS 1. Accident Compensation Act 1985 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; and"; (b) for the definition of registered chiropractor, substitute- "registered chiropractor means a chiropractor registered under the Health Professions Registration Act 2005;"; (c) for the definition of registered dentist substitute- "registered dentist means a dentist registered under the Health Professions Registration Act 2005;"; (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 substitute- "registered physiotherapist means a physiotherapist registered under the Health Professions Registration Act 2005;"; (f) for the definition of registered podiatrist, substitute- "registered podiatrist means a podiatrist registered under the Health Professions Registration Act 2005;"; (g) for the definition of registered psychologist substitute- "registered psychologist means a psychologist registered under the Health Professions 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 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". 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 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 Professions Registration Act 2005". 5. Births, Deaths and Marriages Registration Act 1996 In section 4, in the definition of doctor, for "registered medical practitioner within the meaning of the Medical Practice Act 1994" substitute "medical practitioner registered under the Health Professions Registration Act 2005". 6. Cancer Act 1958 In section 59(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 Professions Registration Act 2005". 7. Cemeteries and Crematoria Act 2003 In section 3, for the definition of registered medical practitioner substitute- "registered medical practitioner means a medical practitioner registered under the Health Professions Registration Act 2005;". 8. Child Employment Act 2003 In section 3, in the definition of registered pharmacist for "registered pharmacist within the meaning of the Pharmacy Practice Act 2004" substitute "pharmacist registered under the Health Professions Registration Act 2005". 9. Child Wellbeing and Safety Act 2005 In section 3, for the definition of health professional substitute- "health professional means- (a) a medical practitioner; or (b) a nurse; or (c) a psychologist- registered under the Health Professions Registration Act 2005;". 10. Children, Youth and Families Act 2005 10.1. In section 3(1)- (a) for paragraphs (i) and (j) of the definition of information holder substitute- "(i) a psychologist registered under the Health Professions Registration Act 2005; (j) a nurse registered under the Health Professions Registration Act 2005;"; (b) for the definition of registered medical practitioner substitute- "registered medical practitioner means a medical practitioner registered under the Health Professions Registration Act 2005;"; (c) for the definition of registered psychologist, substitute- "registered psychologist means a psychologist registered under the Health Professions Registration Act 2005;". 10.2. For section 182(1)(b) substitute- "(b) a nurse registered under the Health Professions Registration Act 2005;". 11. Coal Mines (Pensions) Act 1958 In section 105(4), for "a registered medical practitioner within the meaning of the Medical Practice Act 1994" (where twice occurring) substitute "a medical practitioner registered under the Health Professions Registration Act 2005". 12. Coroners Act 1985 In section 3(1), in the definition of doctor, for "registered medical practitioner within the meaning of the Medical Practice Act 1994" substitute "medical practitioner registered under the Health Professions Registration Act 2005". 13. Corrections Act 1986 13.1. In section 16(1), for "registered medical practitioner within the meaning of the Medical Practice Act 1994" substitute "medical practitioner registered under the Health Professions Registration Act 2005". 13.2. In section 30I(5), in the definition of authorised person- (a) for "registered medical practitioner within the meaning of the Medical Practice Act 1994" substitute "medical practitioner registered under the Health Professions Registration Act 2005"; (b) for "registered psychologist within the meaning of the Psychologists Registration Act 2000" substitute "psychologist registered under the Health Professions Registration Act 2005". 13.3. In section 60G(a), for "registered medical practitioner within the meaning of the Medical Practice Act 1994" substitute "medical practitioner registered under the Health Professions Registration Act 2005". 13.4. In section 77(8), for "registered medical practitioner within the meaning of the Medical Practice Act 1994" substitute "medical practitioner registered under the Health Professions Registration Act 2005". 14. Crimes Act 1958 14.1. In section 15- (a) for the definition of registered medical practitioner, substitute- "registered medical practitioner means a medical practitioner registered under the Health Professions Registration Act 2005;"; (b) in the definition of registered midwife, for "Part 2 of the Nurses Act 1993" substitute "the Health Professions Registration Act 2005". 14.2. In section 464(2)- (a) in the definition of dentist, for "registered dentist within the meaning of the Dental Practice Act 1999" substitute "dentist registered under the Health Professions Registration Act 2005"; (b) in the definition of medical practitioner, for "registered medical practitioner within the meaning of the Medical Practice Act 1994" substitute "medical practitioner registered under the Health Professions Registration Act 2005"; (c) in the definition of nurse, for "registered nurse within the meaning of the Nurses Act 1993" substitute "nurse registered under the Health Professions Registration Act 2005". 15. Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 In section 3(1)- (a) for the definition of registered medical practitioner substitute- "registered medical practitioner means a medical practitioner registered under the Health Professions Registration Act 2005;"; (b) in the definition of registered psychologist, for "section 6 of the Psychologists Registration Act 2000" substitute "the Health Professions Registration Act 2005". 16. Drugs, Poisons and Controlled Substances Act 1981 16.1. In section 4(2)- (a) in paragraph (a), for "section 26 of the Pharmacy Practice Act 2004" substitute "Part 6 of the Health Professions Registration Act 2005"; (b) in paragraph (b), for "section 31(1)(b) of the Pharmacy Practice Act 2004" substitute "Part 6 of the Health Professions Registration Act 2005"; (c) in paragraph (c), for "section 26" substitute "Part 6". 16.2. In section 7, for "Medical Practice Act 1994, the Pharmacy Practice Act 2004, the Veterinary Practice Act 1997, the Dentists Act 1972," substitute "Health Professions Registration Act 2005, Veterinary Practice Act 1997,". 16.3. In section 12A(1)(a), for "under the Chinese Medicine Registration Act 2000" substitute "by the Chinese Medicine Registration Board of Victoria under the Health Professions Registration Act 2005". 16.4. In section 27A(4)(a), for "section 8 of the Chinese Medicine Registration Act 2000" substitute "the Health Professions Registration Act 2005". 16.5. In section 130(b), for "Pharmacy Practice Act 2004;" substitute "Health Professions Registration Act 2005.". 16.6. Section 130(c) is repealed. 17. Electoral Act 2002 In section 3, in paragraph (a) of 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 Professions Registration Act 2005". 18. Emergency Services Superannuation Act 1986 In section 24(2), for "registered medical practitioner within the meaning of the Medical Practice Act 1994" substitute "medical practitioner registered under the Health Professions Registration Act 2005". 19. Evidence Act 1958 19.1. In section 32B, 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 Professions Registration Act 2005". 19.2. In section 55(8), for "registered medical practitioner within the meaning of the Medical Practice Act 1994" substitute "medical practitioner registered under the Health Professions Registration Act 2005". 19.3. In section 107A(1)(p) for "registered medical practitioner within the meaning of the Medical Practice Act 1994" substitute "medical practitioner registered under the Health Professions Registration Act 2005". 19.4. In section 107A(1)(q), for "registered dentist within the meaning of the Dental Practice Act 1999" substitute "dentist registered under the Health Professions Registration Act 2005". 20. Firearms Act 1996 In section 3(1)- (a) for the definition of registered medical practitioner substitute- "registered medical practitioner" means a medical practitioner registered under the Health Professions Registration Act 2005;"; (b) for the definition of registered nurse substitute- "registered nurse means a nurse registered under the Health Professions Registration Act 2005;"; (c) in the definition of registered psychologist, for "section 6 of the Psychologists Registration Act 2000" substitute "the Health Professions Registration Act 2005". 21. Food Act 1984 In section 4(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 Professions Registration Act 2005". 22. Freedom of Information Act 1982 In section 33(5), for "registered medical practitioner within the meaning of the Medical Practice Act 1994" (where twice occurring) substitute "medical practitioner registered under the Health Professions Registration Act 2005". 23. Guardianship and Administration Act 1986 In section 3(1), for the definition of registered practitioner substitute- "registered practitioner means a- (a) medical practitioner; or (b) dentist- registered under the Health Professions Registration Act 2005.". 24. Health Act 1958 24.1. 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 Professions Registration Act 2005". 24.2. In section 162B- (a) in the definition of midwife, for "a person registered under division 1 of the register kept under the Nurses Act 1993" substitute "a nurse registered under division 1 of the register kept under the Health Professions Registration Act 2005"; (b) 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 Professions Registration Act 2005". 24.3. In section 162FB- (a) in paragraph (a), for "established under the Medical Practice Act 1994" substitute "continued in operation under the Health Professions Registration Act 2005"; (b) in paragraph (b), for "established under the Nurses Act 1993" substitute "continued in operation under the Health Professions Registration Act 2005". 24.4. In section 366C(2)(a), for "Chinese Medicine Registration Act 2000 or is authorised in accordance with section 61(11) of that Act" substitute "Health Professions Registration Act 2005 or has their registration endorsed under section 28 of that Act". 25. Health Practitioners (Special Events Exemption) Act 1999 25.1. In section 3, for the definition of health registration Act substitute- "health registration Act means the Health Professions Registration Act 2005 and includes any regulations made under that Act;". 25.2. In section 16(2), for "Pharmacy Practice Act 2004" substitute "Health Professions Registration Act 2005". 26. Health Records Act 2001 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 Professions Registration Act 2005". 27. Health Services Act 1988 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 Professions Registration Act 2005". 28. Human Tissue Act 1982 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 Professions Registration Act 2005". 29. Infertility Treatment Act 1995 In section 3(1), in the definition of doctor, for "Medical Practice Act 1994" substitute "Health Professions Registration Act 2005". 30. Intellectually Disabled Persons' Services Act 1986 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 Professions Registration Act 2005". 31. Juries Act 2000 In section 3(1)- (a) in paragraph (a) of 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 Professions Registration Act 2005"; (b) in the definition of registered psychologist, for "registered psychologist within the meaning of the Psychologists Registration Act 1987" substitute "psychologist registered under the Health Professions Registration Act 2005". 32. Legal Profession Act 2004 In section 2.5.2, for the definition of registered medical practitioner, substitute- "registered medical practitioner means a medical practitioner registered under the Health Professions Registration Act 2005;". 33. Liquor Control Reform Act 1998 In section 6(c), for "registered medical practitioner within the meaning of the Medical Practice Act 1994 or registered pharmaceutical chemist" substitute "medical practitioner or pharmacist registered under the Health Professions Registration Act 2005". 34. Marine Act 1988 In section 3(1)- (a) in the definition of approved health professional, for "registered nurse, within the meaning of the Nurses Act 1993, registered" substitute "nurse registered under the Health Professions Registration Act 2005"; (b) 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 Professions Registration Act 2005". 35. Meat Industry Act 1993 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 Professions Registration Act 2005". 36. Medical Treatment Act 1988 In section 3, 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 Professions Registration Act 2005". 37. Mental Health Act 1986 In section 3(1)- (a) 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 Professions Registration Act 2005"; (b) in the definition of registered nurse, for "Part 2 of the Nurses Act 1993" substitute "the Health Professions Registration Act 2005". 38. Occupational Health and Safety Act 2004 In section 37(4), in the definition of medical treatment for "registered medical practitioner within the meaning of the Medical Practice Act 1994" substitute "medical practitioner registered under the Health Professions Registration Act 2005". 39. Parliamentary Salaries and Superannuation Act 1968 In section 17(1), for "registered medical practitioner within the meaning of the Medical Practice Act 1994" substitute "medical practitioner registered under the Health Professions Registration Act 2005". 40. Police Regulation Act 1958 40.1. In section 7(1) for "registered medical practitioners within the meaning of the Medical Practice Act 1994" substitute "medical practitioners registered under the Health Professions Registration Act 2005". 40.2. In section 16B(2) for "registered medical practitioner (within the meaning of the Medical Practice Act 1994)" substitute "medical practitioner registered under the Health Professions Registration Act 2005". 40.3. In section 64B(2), in the definition of disability, for "registered medical practitioners within the meaning of the Medical Practice Act 1994" substitute "medical practitioners registered under the Health Professions Registration Act 2005". 41. Professional Boxing and Combat Sports Act 1985 In section 5, in the definition of medical practitioner, for "registered medical practitioner within the meaning of the Medical Practice Act 1994" substitute "medical practitioner registered under the Health Professions Registration Act 2005". 42. Radiation Act 2005 42.1. For section 44(2) substitute- "(2) In this section- relevant practitioner registration board means, in relation to an applicant for a use licence who is or was- (a) registered as a health practitioner by a responsible board under the Health Professions Registration Act 2005-the responsible board that registered that person; (b) a registered veterinary practitioner within the meaning of the Veterinary Practice Act 1997-the Veterinary Practitioners Registration Board of Victoria established under Part 6 of that Act.". 42.2. For section 60(2)(a) substitute- "(a) notify the authority holder and the relevant practitioner registration board that registered the authority holder of-". 42.3. For section 60(5) substitute- "(5) In this section- relevant practitioner registration board means, in relation to an authority holder who is- (a) registered as a health practitioner by a responsible board under the Health Professions Registration Act 2005-the responsible board that registered that person; (b) a registered veterinary practitioner within the meaning of the Veterinary Practice Act 1997-the Veterinary Practitioners Registration Board of Victoria established under Part 6 of that Act.". 42.4. For section 136(1)(b) substitute- "(b) a responsible board established or continued in operation under the Health Professions Registration Act 2005 or the Veterinary Practitioners Board of Victoria established under Part 6 of the Veterinary Practice Act 1997;". 42.5. Section 136(3) is repealed. 43. Retirement Villages Act 1986 In section 16(5)(b), for "registered medical practitioners within the meaning of the Medical Practice Act 1994" substitute "medical practitioners registered under the Health Professions Registration Act 2005". 44. Road Safety Act 1986 In section 3(1)- (a) in the definition of approved health professional, for "registered nurse, within the meaning of the Nurses Act 1993, registered" substitute "nurse registered under the Health Professions Registration Act 2005"; (b) in the definition of dentist, for "registered dentist within the meaning of the Dental Practice Act 1999" substitute "dentist registered under the Health Professions Registration Act 2005"; (c) in the definition of pharmacist, for "registered pharmacist within the meaning of the Pharmacy Practice Act 2004" substitute "pharmacist registered under the Health Professions Registration Act 2005"; (d) 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 Professions Registration Act 2005". 45. Sentencing Act 1991 45.1. In section 18ZY(4)(a), for "registered medical practitioner within the meaning of the Medical Practice Act 1994" substitute "medical practitioner registered under the Health Professions Registration Act 2005". 45.2. In section 95BA(2)- (a) in the definition of dentist, for "Dental Practice Act 1999" (where twice occurring) substitute "Health Professions Registration Act 2005"; (b) in the definition of medical practitioner, for "Medical Practice Act 1994" (where twice occurring) substitute "Health Professions Registration Act 2005"; (c) in the definition of psychologist- (i) in paragraph (a), for "section 6 of the Psychologists Registration Act 2000" substitute "the Health Professions Registration Act 2005"; (ii) in paragraph (b), for "in accordance with section 5 of the Psychologists Registration Act 2000 to be registered under section 6 of that Act" substitute "to be registered as a psychologist under the Health Professions Registration Act 2005". 46. Serious Sex Offenders Monitoring Act 2005 In section 3(1), in the definition of psychologist- (a) in paragraph (a), for "the Psychologists Registration Act 2000" substitute "the Health Professions Registration Act 2005"; (b) in paragraph (b), for "the Psychologists Registration Act 2000 to be registered" substitute "the Health Professions Registration Act 2005 to be registered as a psychologist". 47. State Employees Retirement Benefits Act 1979 In section 2(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 Professions Registration Act 2005". 48. State Superannuation Act 1988 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 Professions Registration Act 2005". 49. Summary Offences Act 1966 In section 42(2), for "registered medical practitioner within the meaning of the Medical Practice Act 1994" substitute "medical practitioner registered under the Health Professions Registration Act 2005". 50. Transport Act 1983 In section 93(1)- (a) in paragraph (a) of the definition of approved health professional, for "registered nurse, within the meaning of the Nurses Act 1993, registered" substitute "nurse registered under the Health Professions Registration Act 2005"; (b) 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 Professions Registration Act 2005". 51. Transport Accident Act 1986 51.1. In section 3(1)- (a) in the definition of medical practitioner, for "registered medical practitioner (within the meaning of the Medical Practice Act 1994)" substitute "medical practitioner registered under the Health Professions Registration Act 2005"; (b) in the definition of medical service, for "Chinese Medicine Registration Act 2000" substitute "Health Professions Registration Act 2005 or whose registration is endorsed to practise acupuncture under that Act"; (c) in the definition of registered psychologist, for "the Psychologists Registration Act 2000" substitute "the Health Professions Registration Act 2005". 51.2. In section 134, for the definition of medical practitioner substitute- "registered medical practitioner means a medical practitioner registered under the Health Professions Registration Act 2005;". 52. Transport Superannuation Act 1988 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 Professions Registration Act 2005". 53. Veterinary Practice Act 1997 53.1. In section 3, in the definition of registered medical practitioner, for "Medical Practice Act 1994" substitute "Health Professions Registration Act 2005". 53.2. For section 27(5), substitute- "(5) In this section, registered practitioner means- (a) a registered medical practitioner; or (b) a psychologist registered under the Health Professions Registration Act 2005; or (c) a physiotherapist registered under the Health Professions Registration Act 2005; or (d) an osteopath registered under the Health Professions Registration Act 2005; or (e) a chiropractor registered under the Health Professions Registration Act 2005.". 54. Workers Compensation Act 1958 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 Professions Registration Act 2005". 55. Wrongs Act 1958 In section 28LB- (a) in the definition of medical practitioner, for "registered medical practitioner (within the meaning of the Medical Practice Act 1994)" substitute "medical practitioner registered under the Health Professions Registration Act 2005"; (b) for the definition of registered health practitioner substitute- "registered health practitioner means- (a) a medical practitioner; or (b) a dentist registered under the Health Professions Registration Act 2005; or (c) a chiropractor registered under the Health Professions Registration Act 2005; or (d) an optometrist registered under the Health Professions Registration Act 2005; or (e) an osteopath registered under the Health Professions Registration Act 2005; or (f) a physiotherapist registered under the Health Professions Registration Act 2005; or (g) a podiatrist registered under the Health Professions Registration Act 2005; or (h) a psychologist registered under the Health Professions Registration Act 2005; or (i) a Chinese medicine practitioner registered under the Health Professions Registration Act 2005;". --------------- HEALTH PROFESSIONS REGISTRATION ACT 2005 - NOTES ENDNOTES 1. General Information Minister's second reading speech- Legislative Assembly: 27 October 2005 Legislative Council: 23 November 2005 The long title for the Bill for this Act was "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." The Health Professions Registration Act 2005 was assented to on 7 December 2005 and came into operation as follows: Sections 1, 2 and 171(2) on 7 December 2005: section 2(1); sections 3-81, 83-170, 171(1), 172-182 and Schedules 1-4 on 1 July 2007: section 2(3); section 82 on 1 September 2007: section 2(4). 2. Table of Amendments This Version incorporates amendments made to the Health Professions Registration Act 2005 by Acts and subordinate instruments. ------------------------------------------------------------- Statute Law (Further Revision) Act 2006, No. 29/2006 Assent Date: 6.6.06 Commencement Date: S. 3(Sch. 1 item 14.5) on 7.12.05: s. 2(2)(f); s. 3(Sch. 1 items 14.1-14.4) on 7.6.06: s. 2(1) Current State: This information relates only to the provision/s amending the Health Professions Registration Act 2005 Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006 Assent Date: 10.10.06 Commencement Date: S. 26(Sch. item 47) on 11.10.06: s. 2(1) Current State: This information relates only to the provision/s amending the Health Professions Registration Act 2005 Health Professions Registration Amendment Act 2007, No. 25/2007 Assent Date: 26.6.07 Commencement Date: Ss 4-32 on 27.6.07: s. 2(1) Current State: This information relates only to the provision/s amending the Health Professions Registration Act 2005 Health Professions Registration Amendment Act 2008, No. 64/2008 Assent Date: 14.11.08 Commencement Date: Ss 4-10 on 15.11.08: s. 2 Current State: This information relates only to the provision/s amending the Health Professions Registration Act 2005 Health Services Legislation Amendment Act 2008, No. 79/2008 Assent Date: 11.12.08 Commencement Date: S. 17 on 31.3.09: Government Gazette 19.2.09 p. 328 Current State: This information relates only to the provision/s amending the Health Professions Registration Act 2005 ------------------------------------------------------------- 3. Explanatory Details No entries at date of publication. ?? ?? Health Professions Registration Act 2005 No. 97 of 2005