Victorian Numbered Acts

HEALTH PROFESSIONS REGISTRATION ACT 2005 (NO 97 OF 2005)

TABLE OF PROVISIONS

   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  
   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  
   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  
           Division 4--Consequential Amendments to Other Acts
   182.    Consequential amendments  
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           ENDNOTES