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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Health Professionals (Special Events Exemption)
Bill 1999
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Interpretation 2
4. Definition of "visitor" 3
5. Definition of "visiting health professional" 4
Part 2 -- Special events exemptions
6. Special events 5
7. Provision of health care services by visiting health
professionals authorized 5
8. Conditions on practice by visiting health professionals 6
9. Issue of prescriptions and supply of certain substances
authorized 7
10. Request for use of irradiating apparatus etc. authorized 8
11. Exemptions 9
12. Operation of authorizations 10
Part 3 -- Miscellaneous
13. Complaints about visiting health professionals 12
14. Application of Act to particular persons 12
page i
33--1
Health Professionals (Special Events Exemption) Bill 1999
Contents
15. Act does not limit the practice of registered health
professionals 12
16. Regulations 12
17. Review of Act 13
page ii
Western Australia
LEGISLATIVE ASSEMBLY
Health Professionals (Special Events Exemption)
Bill 1999
A Bill for
An Act to allow visiting health professionals to provide health care
services to visitors to the State in connection with special events, and
for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Health Professionals (Special Events Exemption) Bill 1999
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Health Professionals (Special
Events Exemption) Act 1999.
5 2. Commencement
This Act comes into operation on the day on which it receives
the Royal Assent.
3. Interpretation
(1) In this Act, unless the contrary intention appears --
10 "drug of addiction" means a substance included in Schedule 8
in Appendix A to the Poisons Act 1964;
"exemption period", in relation to a special event, means the
period or periods specified in an order under section 6 that
applies to the event;
15 "health care services" means --
(a) services ordinarily provided by chiropractors, dental
hygienists, dental therapists, dental prosthetists,
dentists, medical practitioners, nurses, occupational
therapists, optometrists, optical dispensers,
20 osteopaths, pharmacists, physiotherapists, podiatrists
and psychologists; and
(b) any other prescribed health care service;
"Health Registration Act" means any of the following Acts --
Chiropractors Act 1964;
25 Dental Act 1939;
Dental Prosthetists Act 1985;
Medical Act 1894;
Nurses Act 1992;
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Health Professionals (Special Events Exemption) Bill 1999
Preliminary Part 1
s. 4
Occupational Therapists Registration Act 1980;
Optical Dispensers Act 1966;
Optometrists Act 1940;
Osteopaths Act 1997;
5 Pharmacy Act 1964;
Physiotherapists Act 1950;
Podiatrists Registration Act 1984;
Psychologists Registration Act 1976;
"prepare" includes train, practise, rehearse and acclimatize;
10 "registered" means registered, licensed or enrolled under a
Health Registration Act, or deemed to be so registered,
licensed or enrolled;
"restricted substance" means a substance included in
Schedule 4 in Appendix A to the Poisons Act 1964;
15 "special event" means an event, or class of event, that is
declared to be a special event by order under section 6;
"substance" has the meaning given by the Poisons Act 1964;
"visiting health professional" has the meaning given by
section 5;
20 "visitor" has the meaning given by section 4.
(2) An order made under this Act is subsidiary legislation within
the meaning of the Interpretation Act 1984.
4. Definition of "visitor"
A person is a "visitor" for the purposes of this Act if --
25 (a) the person is a resident of another country who is in the
State for the purpose of --
(i) officially participating in a special event; or
(ii) preparing for official participation in a special
event;
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Health Professionals (Special Events Exemption) Bill 1999
Part 1 Preliminary
s. 5
(b) the person is a resident of another country who is
appointed, employed, contracted or otherwise engaged
to manage, train or otherwise assist a person referred to
in paragraph (a) and is in the State for that purpose; or
5 (c) the person is a resident of Australia who is in the State
for a purpose referred to in paragraph (a) or (b) and is a
member of a group the majority of members of which
are persons referred to in paragraph (a) or (b) who are in
the State for the same purpose.
10 5. Definition of "visiting health professional"
A person is a "visiting health professional" for the purposes of
this Act if --
(a) the person is an individual who is a resident of another
country;
15 (b) the person is appointed, employed, contracted or
otherwise engaged to provide health care services to a
visitor;
(c) the person is not registered; and
(d) notice is given of the person's intention to provide
20 health care services in the State to a visitor in
accordance with the procedure specified in the order
under section 6 declaring the special event.
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Health Professionals (Special Events Exemption) Bill 1999
Special events exemptions Part 2
s. 6
Part 2 -- Special events exemptions
6. Special events
(1) The Minister may, by order published in the Gazette, declare an
event, or class of events, specified in the order to be a special
5 event for the purposes of this Act.
(2) An order may be made in relation to --
(a) any sporting, cultural or other event that is to take place
or is taking place in the State and that, in the opinion of
the Minister, will attract a significant number of
10 participants from other countries; or
(b) any sporting, cultural or other event that --
(i) is declared to be a special event under a law of
another State or Territory that corresponds to this
Act; and
15 (ii) in the opinion of the Minister, will attract visitors
to the State.
(3) The order is to specify --
(a) the period or periods in which the exemptions under this
Act have effect in respect of the special event; and
20 (b) the procedure by which notice is to be given of a
person's intention to provide health care services in the
State to a visitor.
(4) The exemption period for a special event may include any
period or periods before or after the special event takes place.
25 7. Provision of health care services by visiting health
professionals authorized
A visiting health professional is authorized to provide health
care services to a visitor for whom the health professional has
page 5
Health Professionals (Special Events Exemption) Bill 1999
Part 2 Special events exemptions
s. 8
been appointed, employed, contracted or otherwise engaged to
provide those services.
8. Conditions on practice by visiting health professionals
(1) It is a condition on the provision of health care services by each
5 visiting health professional that the visiting health professional
is not to provide health care services other than health care
services that may be lawfully provided in this State by a
registered health professional of the like profession.
(2) It is a condition on the provision of health care services by each
10 visiting health professional that the visiting health professional
is not to possess, use or supply a substance in the course of
providing health care services authorized under this Act other
than a substance that may be lawfully possessed, used or
supplied in this State by a registered health professional of the
15 like profession.
(3) The Minister may, by an order under section 6, do one or more
of the following:
(a) impose further conditions on the provision of health care
services by a visiting health professional;
20 (b) exempt a visiting health professional from the condition
referred to in subsection (1);
(c) exempt a visiting health professional from the condition
referred to in subsection (2).
(4) A condition or exemption may apply generally or apply to a
25 particular special event or to a particular person or class of
persons specified in the order.
(5) The regulations may make provision for or with respect to
conditions to be imposed on the provision of health care
services by a visiting health professional.
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Health Professionals (Special Events Exemption) Bill 1999
Special events exemptions Part 2
s. 9
(6) If there is conflict or inconsistency between a regulation
referred to in subsection (5) and a condition imposed under
subsection (3), the regulation, to the extent of the conflict or
inconsistency, prevails.
5 9. Issue of prescriptions and supply of certain substances
authorized
(1) A visiting health professional may issue a written prescription
for a restricted substance or a drug of addiction only if
authorized to do so by an order under section 6.
10 (2) The Minister may, by an order under section 6 --
(a) authorize a visiting health professional or a class of
visiting health professionals to issue written
prescriptions for a restricted substance or drug of
addiction, or restricted substances or drugs of addiction
15 of a class specified in the order, in the course of
providing health care services in accordance with this
Act;
(b) authorize any person or class of persons to sell or supply
a restricted substance or drug of addiction on such a
20 prescription, but only if the person or class of persons is
licensed or otherwise authorized under the Poisons
Act 1964 to sell or supply the substance on prescription;
(c) authorize a visiting health professional, all visiting
health professionals or a class of visiting health
25 professionals to be sold any substance by wholesale; and
(d) authorize any person or class of persons to sell any
substance by wholesale to any visiting health
professional authorized as referred to in paragraph (c),
but only if the person or class of persons is licensed or
30 otherwise authorized under the Poisons Act 1964 to sell
the substance by wholesale to a medical practitioner.
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Health Professionals (Special Events Exemption) Bill 1999
Part 2 Special events exemptions
s. 10
(3) The Minister is not to make an order containing an authorization
referred to in subsection (2) unless the Minister is satisfied that
adequate arrangements are in place to ensure that the substances
concerned will only be prescribed for, sold or supplied to, and
5 used by, persons to whom visiting health professionals are
authorized to provide health care services under this Act.
(4) The Minister is not to make an order containing an authorization
referred to in subsection (2)(a) in respect of a visiting health
professional or class of visiting health professionals unless
10 registered health professionals of the like profession in this State
may lawfully issue written prescriptions for the restricted
substance or drug of addiction of the type or class specified in
the order.
(5) An order under section 6 may impose conditions on any
15 authorization referred to in this section that is conferred by the
order.
10. Request for use of irradiating apparatus etc. authorized
(1) A visiting health professional may request the holder of a
licence under section 26(1)(a) of the Radiation Safety Act 1975
20 to undertake diagnosis or therapy referred to in that section only
if the visiting health professional is authorized to do so by an
order under section 6.
(2) The Minister may, by an order under section 6 authorize a
visiting health professional or a class of visiting health
25 professionals, in the course of providing health care services in
accordance with this Act, to request the holder of a licence
under section 26(1)(a) of the Radiation Safety Act 1975 to
undertake diagnosis or therapy referred to in that section.
(3) An order under section 6 may impose conditions on any
30 authorization referred to in this section that is conferred by the
order.
page 8
Health Professionals (Special Events Exemption) Bill 1999
Special events exemptions Part 2
s. 11
11. Exemptions
(1) A visiting health professional does not commit an offence under
a Health Registration Act, the Poisons Act 1964, the Radiation
Safety Act 1975 or the Misuse of Drugs Act 1981 for --
5 (a) providing health care services as authorized under this
Act;
(b) possessing, using or supplying a substance in the course
of providing those authorized health care services where
the substance is --
10 (i) lawfully imported or lawfully obtained in
Australia by the visiting health professional; and
(ii) a substance that may be lawfully possessed, used
or supplied by a registered health professional of
the like profession;
15 (c) prescribing a substance in the course of providing those
authorized health care services;
(d) requesting the holder of a licence under the Radiation
Safety Act 1975 to undertake diagnosis or therapy in the
course of providing those authorized health care
20 services;
(e) holding himself or herself out as being able to provide
those authorized health care services; or
(f) using any name, initials, description, word, symbol,
addition or title that the visiting health professional
25 ordinarily uses.
(2) A visitor does not commit an offence under the Poisons
Act 1964 or the Misuse of Drugs Act 1981 for using or
possessing any substance as a result of being provided with
health care services in accordance with this Act.
page 9
Health Professionals (Special Events Exemption) Bill 1999
Part 2 Special events exemptions
s. 12
(3) A person does not commit an offence under the Poisons
Act 1964 or the Misuse of Drugs Act 1981 for --
(a) selling or supplying a restricted substance or drug of
addiction in accordance with a written prescription
5 issued by a visiting health professional if --
(i) the visiting health professional is authorized
under this Act to issue the prescription;
(ii) the person is authorized under this Act to sell or
supply the substance on such a prescription; and
10 (iii) the person is complying with any conditions to
which the person's authorization under the
Poisons Act 1964 is subject;
or
(b) selling any substance by wholesale to a visiting health
15 professional if --
(i) the person is authorized under this Act to supply
the substance by wholesale;
(ii) the visiting health professional is authorized
under this Act to be sold the substance by
20 wholesale; and
(iii) the person is complying with any conditions to
which the person's authorization under the
Poisons Act 1964 is subject.
(4) The regulations may prescribe other offences to which
25 subsection (1), (2) or (3) applies.
12. Operation of authorizations
(1) Section 7 and any authorization referred to in section 9 or 10
operate in relation to a visiting health professional during the
exemption period for the special event in respect of which
page 10
Health Professionals (Special Events Exemption) Bill 1999
Special events exemptions Part 2
s. 12
notice is given by or on behalf of that visiting health
professional under section 5(d) and at no other time.
(2) Section 7 and any authorization referred to in section 9 or 10 do
not operate in relation to a visiting health professional if the
5 visiting health professional fails to comply with the provisions
of this Act, the regulations or any relevant conditions imposed
by or under this Act.
page 11
Health Professionals (Special Events Exemption) Bill 1999
Part 3 Miscellaneous
s. 13
Part 3 -- Miscellaneous
13. Complaints about visiting health professionals
(1) A complaint may not be made about a visiting health
professional under the Health Services (Conciliation and
5 Review) Act 1995 or a Health Registration Act and no
disciplinary action may be taken against a visiting health
professional under those Acts.
(2) This section does not prevent the bringing of proceedings for an
offence under an Act referred to in subsection (1).
10 14. Application of Act to particular persons
The Minister may at any time, by order published in the
Gazette, declare that this Act, or a specified provision of this
Act, does not apply to or in respect of a specified person or class
of persons, and that order has effect according to its terms.
15 15. Act does not limit the practice of registered health
professionals
This Act does not prejudice or affect the lawful occupation,
trade or business of any person who is registered.
16. Regulations
20 (1) The Governor may make regulations prescribing all matters
required or permitted by this Act to be prescribed or necessary
or convenient to be prescribed for carrying out this Act.
(2) A regulation may create an offence punishable by a penalty not
exceeding $1 000.
page 12
Health Professionals (Special Events Exemption) Bill 1999
Miscellaneous Part 3
s. 17
17. Review of Act
(1) The Minister is to carry out a review of the operation and
effectiveness of this Act as soon as is practicable after the
expiry of 5 years from its commencement.
5 (2) The Minister is to prepare a report based on the review and, as
soon as is practicable after the report is prepared, is to cause the
report to be laid before each House of Parliament.
page 13
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