Health Legislation Amendment and Repeal Act 2019

Authorised by the Chief Parliamentary Counsel Authorised Version i Health Legislation Amendment and Repeal Act 2019 No. 34 of 2019 TABLE OF PROVISIONS Section Page Part 1—Preliminary 1 1 Purposes 1 2 Commencement 3 Part 2—Repeal of Access to Medicinal Cannabis Act 2016 and related amendments 4 Division 1—Repeal 4 3 Repeal of Access to Medicinal Cannabis Act 2016 4 Division 2—Amendment of Drugs, Poisons and Controlled Substances Act 1981 4 4 Definitions 4 5 Act not to derogate from provisions of certain other Acts 5 6 Persons authorized to have possession etc. of poisons or controlled substances 5 7 What a licence, permit or warrant can authorise 5 8 Manufacture, sale and supply of poisons or controlled substances by wholesale 5 9 Wholesaling of certain poisons 5 10 Retailing of poisons or controlled substances 6 11 Sale of poisons or controlled substances by persons other than manufacturers etc. 6 12 Offences concerning labelling and other matters 6 13 Sale of substances in unauthorised containers 6 14 Section 31A repealed 6 15 Effect of Division 10A of Part II 6 16 Administration of drugs of dependence, Schedule 9 poisons, Schedule 8 poisons and Schedule 4 poisons in aged care services 7 17 Inspections 7 18 Duties of officers in relation to seized substances 7 19 Persons who are liable for contravention of Act 7 20 Section 61A repealed 8 21 Trafficking in a drug or drugs of dependence—large commercial quantity 8 -- 1 of 45 -- Section Page ii Authorised by the Chief Parliamentary Counsel 22 Trafficking in a drug or drugs of dependence—commercial quantity 8 23 Trafficking in a drug of dependence to a child 8 24 Trafficking in a drug of dependence 8 25 Possession of substance, material, documents or equipment for trafficking in a drug of dependence 9 26 Supply of drug of dependence to a child 9 27 Possession of tablet press 9 28 Possession of precursor chemicals 9 29 Possession of document containing information about trafficking or cultivating a drug of dependence 9 30 Publication of document containing instructions 9 31 Cultivation of narcotic plants—large commercial quantity 10 32 Cultivation of narcotic plants—commercial quantity 10 33 Cultivation of narcotic plants 10 34 Permitting use of premises for trafficking or cultivation of drug of dependence 10 35 Possession of a drug of dependence 10 36 Introduction of a drug of dependence into the body of another person 11 37 Use of drug of dependence 11 38 Forging prescriptions and orders for drugs of dependence 11 39 Obtaining a drug of dependence etc. by false representation 11 40 Definitions—Part VC 12 41 Section 80TA substituted 12 42 List of licences and permits 12 43 Proof that a substance is poison etc. 12 44 Section 129A repealed 12 Division 3—Consequential amendment of Crimes Act 1958 12 45 Definitions 12 46 Effect of intoxication on reasonable belief 13 47 Intoxication 13 Division 4—Consequential amendment of other Acts 13 48 Definitions—Guardianship and Administration Act 1986 13 49 Definitions—Health Records Act 2001 13 50 Definitions—Medical Treatment Planning and Decisions Act 2016 13 51 Definitions—Pharmacy Regulation Act 2010 14 52 Disclosure of information to other agencies—Pharmacy Regulation Act 2010 14 53 Cruelty—Prevention of Cruelty to Animals Act 1986 14 Part 3—Amendment of Health Services Act 1988—offences 15 54 Section 111 substituted 15 -- 2 of 45 -- Section Page iii Authorised by the Chief Parliamentary Counsel Part 4—Amendment of Health Services Act 1988 17 55 Definition of multi purpose service 17 56 Amendment of Schedules 17 57 Removal and resignation—public hospitals 17 58 Removal and resignation—multi purpose services 18 59 Terms and conditions 19 60 Regulations 19 61 Schedule 1—Public hospitals 19 62 Schedule 1A inserted 20 63 Schedule 4—Privately-operated hospitals 20 64 Schedule 5—Public health services 20 Part 5—Amendment of Tobacco Act 1987 21 65 Tobacco or e-cigarette advertisements 21 66 Certain advertising prohibited 21 67 Exemptions 21 Part 6—Amendment of Mental Health Act 2014 22 68 Definitions 22 69 Confidentiality obligations applying in respect of information from clinical practice audit or clinical review 22 70 Functions of the Commissioner 22 71 Referred complaints 22 72 Complaint to which National Law may also apply 23 73 Commissioner may accept complaints and undertakings 23 74 Conciliation process 23 75 Discontinuation of conciliation 24 76 Section 247 repealed 24 77 Conciliation agreements 24 78 Section 249 substituted 24 79 Secrecy 25 80 Mental health service providers to report on complaints 26 81 New Division 3 of Part 16A inserted 27 Part 7—Amendment of Health Complaints Act 2016 28 82 Non-disclosure of information—investigations, complaint data reviews 28 83 Non-disclosure of information—complaint resolution processes 28 84 Non-disclosure of information given in conciliation 28 Part 8—Amendment of Health Services Act 1988—amendments relating to information sharing 29 Division 1—Amendment of Health Services Act 1988 29 85 New Part 6B inserted 29 -- 3 of 45 -- Section Page iv Authorised by the Chief Parliamentary Counsel Division 2—Consequential amendments 36 86 Amendment of Health Records Act 2001 36 87 Amendment of Privacy and Data Protection Act 2014 38 Part 9—Repeal of this Act 40 88 Repeal of this Act 40 ═════════════ Endnotes 41 1 General information 41 -- 4 of 45 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Health Legislation Amendment and Repeal Act 2019† No. 34 of 2019 [Assented to 22 October 2019] The Parliament of Victoria enacts: Part 1—Preliminary 1 Purposes The main purposes of this Act are— (a) to repeal the Access to Medicinal Cannabis Act 2016; and (b) to amend the Health Services Act 1988— (i) to clarify the operation of certain offences; and Victoria -- 5 of 45 -- Part 1—Preliminary Health Legislation Amendment and Repeal Act 2019 No. 34 of 2019 2 Authorised by the Chief Parliamentary Counsel (ii) to make further provision in relation to the removal and resignation of directors of public hospitals and multi purpose services; and (iii) to introduce term limits for the appointment of members of Health Purchasing Victoria; and (iv) to provide a power to make regulations in relation to requirements, guidelines and standards for the governance of health service establishments; and (v) to make further provision in relation to multi purpose services; and (vi) to make minor technical amendments to reflect changes to the names of some hospitals and public health services; and (vii) to provide for sharing of information for purposes relating to quality and safety of health service entities; and (c) to amend the Mental Health Act 2014— (i) to facilitate the sharing of information between the Mental Health Complaints Commissioner (within the meaning of that Act) and certain entities and the disclosure of information in certain circumstances; and (ii) to facilitate the effective operation of the Mental Health Complaints Commissioner's functions in relation to the management, conciliation and resolution of complaints under that Act; and -- 6 of 45 -- Part 1—Preliminary Health Legislation Amendment and Repeal Act 2019 No. 34 of 2019 3 Authorised by the Chief Parliamentary Counsel (iii) to amend the provisions relating to timing and content of reports given by mental health service providers; and (d) to amend the Tobacco Act 1987— (i) to prohibit indirect advertising by tobacco manufacturers and e-cigarette manufacturers; and (ii) to repeal exemptions for the display of tobacco or e-cigarette advertisements; and (e) to make minor and consequential amendments to other Acts. 2 Commencement (1) This Act (except Parts 3, 7 and 8) comes into operation on the day after the day on which this Act receives the Royal Assent. (2) Subject to subsection (3), Parts 3, 7 and 8 come into operation on a day or days to be proclaimed. (3) If a provision referred to in subsection (2) does not come into operation before 27 August 2020, it comes into operation on that day. -- 7 of 45 -- Part 2—Repeal of Access to Medicinal Cannabis Act 2016 and related amendments Health Legislation Amendment and Repeal Act 2019 No. 34 of 2019 4 Authorised by the Chief Parliamentary Counsel Part 2—Repeal of Access to Medicinal Cannabis Act 2016 and related amendments Division 1—Repeal 3 Repeal of Access to Medicinal Cannabis Act 2016 The Access to Medicinal Cannabis Act 2016 is repealed. Division 2—Amendment of Drugs, Poisons and Controlled Substances Act 1981 4 Definitions (1) In section 4(1) of the Drugs, Poisons and Controlled Substances Act 1981, the definitions of approved medicinal cannabis product, medicinal cannabis, medicinal cannabis cultivation licence, medicinal cannabis manufacturing licence, medicinal cannabis product, patient medicinal cannabis access authorisation and practitioner medicinal cannabis authorisation are repealed. (2) In section 4(1) of the Drugs, Poisons and Controlled Substances Act 1981— (a) in the definition of poison or controlled substance— (i) in paragraph (j) omit "or"; (ii) paragraph (k) is repealed; (b) in the definition of psychoactive substance, paragraph (g) is repealed; (c) for the definitions of Schedule 8 Poison and Schedule 9 Poison substitute— "Schedule 8 Poison means a substance in Schedule 8 of the Poisons Standard; -- 8 of 45 -- Part 2—Repeal of Access to Medicinal Cannabis Act 2016 and related amendments Health Legislation Amendment and Repeal Act 2019 No. 34 of 2019 5 Authorised by the Chief Parliamentary Counsel Schedule 9 Poison means a substance in Schedule 9 of the Poisons Standard;". 5 Act not to derogate from provisions of certain other Acts In section 7 of the Drugs, Poisons and Controlled Substances Act 1981 omit "the Access to Medicinal Cannabis Act 2016,". 6 Persons authorized to have possession etc. of poisons or controlled substances In section 13(1) of the Drugs, Poisons and Controlled Substances Act 1981, omit "and, in relation to medicinal cannabis, the Access to Medicinal Cannabis Act 2016 and the regulations under that Act". 7 What a licence, permit or warrant can authorise In section 20(3) of the Drugs, Poisons and Controlled Substances Act 1981, omit ", other than medicinal cannabis,". 8 Manufacture, sale and supply of poisons or controlled substances by wholesale (1) In section 23(1) of the Drugs, Poisons and Controlled Substances Act 1981, omit "or by or under the Access to Medicinal Cannabis Act 2016". (2) In section 23(2) of the Drugs, Poisons and Controlled Substances Act 1981, omit "or by or under the Access to Medicinal Cannabis Act 2016". 9 Wholesaling of certain poisons In section 24 of the Drugs, Poisons and Controlled Substances Act 1981, omit "or by or under the Access to Medicinal Cannabis Act 2016". -- 9 of 45 -- Part 2—Repeal of Access to Medicinal Cannabis Act 2016 and related amendments Health Legislation Amendment and Repeal Act 2019 No. 34 of 2019 6 Authorised by the Chief Parliamentary Counsel 10 Retailing of poisons or controlled substances (1) In section 26(1) of the Drugs, Poisons and Controlled Substances Act 1981, omit "or by or under the Access to Medicinal Cannabis Act 2016". (2) In section 26(2) of the Drugs, Poisons and Controlled Substances Act 1981, omit "or by or under the Access to Medicinal Cannabis Act 2016". 11 Sale of poisons or controlled substances by persons other than manufacturers etc. In section 27 of the Drugs, Poisons and Controlled Substances Act 1981, omit "or by or under the Access to Medicinal Cannabis Act 2016". 12 Offences concerning labelling and other matters Section 27A(5) of the Drugs, Poisons and Controlled Substances Act 1981 is repealed. 13 Sale of substances in unauthorised containers Section 29(3) of the Drugs, Poisons and Controlled Substances Act 1981 is repealed. 14 Section 31A repealed Section 31A of the Drugs, Poisons and Controlled Substances Act 1981 is repealed. 15 Effect of Division 10A of Part II In section 36C of the Drugs, Poisons and Controlled Substances Act 1981, omit "or, in relation to medicinal cannabis, this Act, the Regulations, the Access to Medicinal Cannabis Act 2016 or the regulations under that Act". -- 10 of 45 -- Part 2—Repeal of Access to Medicinal Cannabis Act 2016 and related amendments Health Legislation Amendment and Repeal Act 2019 No. 34 of 2019 7 Authorised by the Chief Parliamentary Counsel 16 Administration of drugs of dependence, Schedule 9 poisons, Schedule 8 poisons and Schedule 4 poisons in aged care services In section 36E of the Drugs, Poisons and Controlled Substances Act 1981— (a) omit "(including any medicinal cannabis product)"; (b) for paragraph (b) substitute— "(b) for whom that drug or poison has been supplied on prescription.". 17 Inspections (1) In section 42(1) of the Drugs, Poisons and Controlled Substances Act 1981, omit "or the Access to Medicinal Cannabis Act 2016 and the regulations under that Act (other than any provision that relates to a medicinal cannabis cultivation licence or a medicinal cannabis manufacturing licence)". (2) Section 42(1)(ab) of the Drugs, Poisons and Controlled Substances Act 1981 is repealed. (3) In section 42(1)(e) of the Drugs, Poisons and Controlled Substances Act 1981, omit "or the Access to Medicinal Cannabis Act 2016 (other than any provision that relates to a medicinal cannabis cultivation licence or a medicinal cannabis manufacturing licence)". 18 Duties of officers in relation to seized substances Section 43(5) of the Drugs, Poisons and Controlled Substances Act 1981 is repealed. 19 Persons who are liable for contravention of Act Section 44(6) of the Drugs, Poisons and Controlled Substances Act 1981 is repealed. -- 11 of 45 -- Part 2—Repeal of Access to Medicinal Cannabis Act 2016 and related amendments Health Legislation Amendment and Repeal Act 2019 No. 34 of 2019 8 Authorised by the Chief Parliamentary Counsel 20 Section 61A repealed Section 61A of the Drugs, Poisons and Controlled Substances Act 1981 is repealed. 21 Trafficking in a drug or drugs of dependence—large commercial quantity In section 71(1) of the Drugs, Poisons and Controlled Substances Act 1981, omit ", the Access to Medicinal Cannabis Act 2016 or the regulations under that Act". 22 Trafficking in a drug or drugs of dependence— commercial quantity (1) In section 71AA(1) of the Drugs, Poisons and Controlled Substances Act 1981, omit ", the Access to Medicinal Cannabis Act 2016 or the regulations under that Act". (2) In section 71AA(2) of the Drugs, Poisons and Controlled Substances Act 1981, omit ", the Access to Medicinal Cannabis Act 2016 or the regulations under that Act". 23 Trafficking in a drug of dependence to a child In section 71AB(1) and (2) of the Drugs, Poisons and Controlled Substances Act 1981, omit "or the Access to Medicinal Cannabis Act 2016 or the regulations under that Act". 24 Trafficking in a drug of dependence In section 71AC(1) and (2) of the Drugs, Poisons and Controlled Substances Act 1981, omit ", the Access to Medicinal Cannabis Act 2016 or the regulations under that Act". -- 12 of 45 -- Part 2—Repeal of Access to Medicinal Cannabis Act 2016 and related amendments Health Legislation Amendment and Repeal Act 2019 No. 34 of 2019 9 Authorised by the Chief Parliamentary Counsel 25 Possession of substance, material, documents or equipment for trafficking in a drug of dependence In section 71A(1) of the Drugs, Poisons and Controlled Substances Act 1981, omit ", the Access to Medicinal Cannabis Act 2016 or the regulations under that Act". 26 Supply of drug of dependence to a child In section 71B(1) and (1A) of the Drugs, Poisons and Controlled Substances Act 1981, omit "or the Access to Medicinal Cannabis Act 2016 or the regulations under that Act". 27 Possession of tablet press In section 71C of the Drugs, Poisons and Controlled Substances Act 1981, omit "or the Access to Medicinal Cannabis Act 2016 or the regulations under that Act (if any)". 28 Possession of precursor chemicals In section 71D of the Drugs, Poisons and Controlled Substances Act 1981, omit "or the Access to Medicinal Cannabis Act 2016 or the regulations under that Act (if any)". 29 Possession of document containing information about trafficking or cultivating a drug of dependence In section 71E(1) of the Drugs, Poisons and Controlled Substances Act 1981, omit "or the Access to Medicinal Cannabis Act 2016 or the regulations under that Act". 30 Publication of document containing instructions In section 71F(1) of the Drugs, Poisons and Controlled Substances Act 1981, omit "or the Access to Medicinal Cannabis Act 2016 or the regulations under that Act". -- 13 of 45 -- Part 2—Repeal of Access to Medicinal Cannabis Act 2016 and related amendments Health Legislation Amendment and Repeal Act 2019 No. 34 of 2019 10 Authorised by the Chief Parliamentary Counsel 31 Cultivation of narcotic plants—large commercial quantity In section 72 of the Drugs, Poisons and Controlled Substances Act 1981, omit "or the Access to Medicinal Cannabis Act 2016 or the regulations under that Act". 32 Cultivation of narcotic plants—commercial quantity In section 72A of the Drugs, Poisons and Controlled Substances Act 1981, omit "or the Access to Medicinal Cannabis Act 2016 or the regulations under that Act". 33 Cultivation of narcotic plants In section 72B of the Drugs, Poisons and Controlled Substances Act 1981, omit "or the Access to Medicinal Cannabis Act 2016 or the regulations under that Act". 34 Permitting use of premises for trafficking or cultivation of drug of dependence (1) In section 72D(1) of the Drugs, Poisons and Controlled Substances Act 1981, omit ", the Access to Medicinal Cannabis Act 2016 or the regulations under that Act". (2) In section 72D(2) of the Drugs, Poisons and Controlled Substances Act 1981, omit "or the Access to Medicinal Cannabis Act 2016 or the regulations under that Act". 35 Possession of a drug of dependence In section 73(1) and (2) of the Drugs, Poisons and Controlled Substances Act 1981, omit ", the Access to Medicinal Cannabis Act 2016 or the regulations under that Act". -- 14 of 45 -- Part 2—Repeal of Access to Medicinal Cannabis Act 2016 and related amendments Health Legislation Amendment and Repeal Act 2019 No. 34 of 2019 11 Authorised by the Chief Parliamentary Counsel 36 Introduction of a drug of dependence into the body of another person In section 74 of the Drugs, Poisons and Controlled Substances Act 1981, omit ", the Access to Medicinal Cannabis Act 2016 or the regulations under that Act". 37 Use of drug of dependence In section 75 of the Drugs, Poisons and Controlled Substances Act 1981, omit ", the Access to Medicinal Cannabis Act 2016 or the regulations under that Act". 38 Forging prescriptions and orders for drugs of dependence Section 77(2) of the Drugs, Poisons and Controlled Substances Act 1981 is repealed. 39 Obtaining a drug of dependence etc. by false representation In section 78 of the Drugs, Poisons and Controlled Substances Act 1981— (a) in paragraphs (a) and (b) omit ", the Access to Medicinal Cannabis Act 2016 or the regulations under that Act"; (b) in paragraph (d)— (i) omit ", the Access to Medicinal Cannabis Act 2016 or the regulations under that Act"; (ii) omit "or the Access to Medicinal Cannabis Act 2016 or the regulations under that Act". -- 15 of 45 -- Part 2—Repeal of Access to Medicinal Cannabis Act 2016 and related amendments Health Legislation Amendment and Repeal Act 2019 No. 34 of 2019 12 Authorised by the Chief Parliamentary Counsel 40 Definitions—Part VC In section 80T of the Drugs, Poisons and Controlled Substances Act 1981, in the definition of medicinal cannabis vaporiser, after "of a person a" insert "legal". 41 Section 80TA substituted For section 80TA of the Drugs, Poisons and Controlled Substances Act 1981 substitute— "80TA Part not to apply in relation to pharmacist dealing with medicinal cannabis vaporiser Nothing in this Part applies in relation to a pharmacist displaying, selling or supplying a medicinal cannabis vaporiser to a person for administration of a legal medicinal cannabis product.". 42 List of licences and permits Section 118(7) of the Drugs, Poisons and Controlled Substances Act 1981 is repealed. 43 Proof that a substance is poison etc. In section 122(b) of the Drugs, Poisons and Controlled Substances Act 1981 omit 'or "medicinal cannabis product"'. 44 Section 129A repealed Section 129A of the Drugs, Poisons and Controlled Substances Act 1981 is repealed. Division 3—Consequential amendment of Crimes Act 1958 45 Definitions In section 2A(1) of the Crimes Act 1958, the definitions of medicinal cannabis product and patient medicinal cannabis access authorisation are repealed. -- 16 of 45 -- Part 2—Repeal of Access to Medicinal Cannabis Act 2016 and related amendments Health Legislation Amendment and Repeal Act 2019 No. 34 of 2019 13 Authorised by the Chief Parliamentary Counsel 46 Effect of intoxication on reasonable belief In section 36B(2) of the Crimes Act 1958— (a) paragraph (ca) is repealed; and (b) in paragraph (d), omit "(other than a medicinal cannabis product)". 47 Intoxication (1) In section 322T(5) of the Crimes Act 1958— (a) paragraph (ca) is repealed; (b) in paragraph (d) omit "(other than a medicinal cannabis product)". (2) In section 322T(6) of the Crimes Act 1958 omit ", (ca)". Division 4—Consequential amendment of other Acts 48 Definitions—Guardianship and Administration Act 1986 In section 3(1) of the Guardianship and Administration Act 1986, the definition of approved medicinal cannabis product is repealed. 49 Definitions—Health Records Act 2001 In section 3(1) of the Health Records Act 2001, in the definition of health service— (a) paragraph (ca) is repealed; (b) in paragraph (d) omit ", (ca)". 50 Definitions—Medical Treatment Planning and Decisions Act 2016 In section 3(1) of the Medical Treatment Planning and Decisions Act 2016, in the definition of medical treatment, for paragraph (c) substitute— -- 17 of 45 -- Part 2—Repeal of Access to Medicinal Cannabis Act 2016 and related amendments Health Legislation Amendment and Repeal Act 2019 No. 34 of 2019 14 Authorised by the Chief Parliamentary Counsel "(c) treatment with prescription pharmaceuticals;". 51 Definitions—Pharmacy Regulation Act 2010 In section 3(1) of the Pharmacy Regulation Act 2010— (a) the definition of medicine is repealed; (b) for the definition of prescription substitute— "prescription includes a voluntary assisted dying permit within the meaning of the Voluntary Assisted Dying Act 2017;". 52 Disclosure of information to other agencies— Pharmacy Regulation Act 2010 Section 107(1)(c)(ii) of the Pharmacy Regulation Act 2010 is repealed. 53 Cruelty—Prevention of Cruelty to Animals Act 1986 In section 9(1)(j) of the Prevention of Cruelty to Animals Act 1986 omit ", the Access to Medicinal Cannabis Act 2016". -- 18 of 45 -- Part 3—Amendment of Health Services Act 1988—offences Health Legislation Amendment and Repeal Act 2019 No. 34 of 2019 15 Authorised by the Chief Parliamentary Counsel Part 3—Amendment of Health Services Act 1988—offences 54 Section 111 substituted For section 111 of the Health Services Act 1988 substitute— "111 Offences relating to carrying on a health service establishment (1) A person must not carry on a health service establishment at or from premises that are not registered as a health service establishment. Penalty: In the case of an individual, 240 penalty units; In the case of a body corporate, 1200 penalty units. (2) A person must not carry on a health service establishment unless the person has a current certificate of registration or a current certificate of renewal for that health service establishment. Penalty: In the case of an individual, 240 penalty units; In the case of a body corporate, 1200 penalty units. (3) In subsection (2)— certificate of registration means a certificate of registration issued by the Secretary under section 85 that names a person as the proprietor of the health service establishment to which the registration relates; -- 19 of 45 -- Part 3—Amendment of Health Services Act 1988—offences Health Legislation Amendment and Repeal Act 2019 No. 34 of 2019 16 Authorised by the Chief Parliamentary Counsel certificate of renewal means a certificate of renewal issued by the Secretary under section 91 that names a person as the proprietor of the health service establishment to which the renewal of registration relates. Note See section 4 regarding the carrying on of a health service establishment. The term health service establishment is defined in section 3(1).". -- 20 of 45 -- Part 4—Amendment of Health Services Act 1988 Health Legislation Amendment and Repeal Act 2019 No. 34 of 2019 17 Authorised by the Chief Parliamentary Counsel Part 4—Amendment of Health Services Act 1988 55 Definition of multi purpose service In section 3(1) of the Health Services Act 1988, in the definition of multi purpose service— (a) in paragraph (b), after "service;" insert "or"; (b) after paragraph (b) insert— "(c) a body listed in Schedule 1A;". 56 Amendment of Schedules (1) In section 8(1) of the Health Services Act 1988— (a) after "Schedule 1," insert "1A,"; (b) after "hospital" (wherever occurring) insert "or multi purpose service". (2) In section 8(5) of the Health Services Act 1988— (a) for "Schedule 1" substitute "Schedule 1,"; (b) before "or the name of a public health service" insert "the name of a multi purpose service listed in Schedule 1A". (3) In section 8(5)(a) and (b) of the Health Services Act 1988— (a) for "public hospital" substitute "public hospital," (wherever occurring); (b) before "or public health service" insert "multi purpose service" (wherever occurring). 57 Removal and resignation—public hospitals (1) In section 35(2) of the Health Services Act 1988, after "director" insert ", or all directors,". -- 21 of 45 -- Part 4—Amendment of Health Services Act 1988 Health Legislation Amendment and Repeal Act 2019 No. 34 of 2019 18 Authorised by the Chief Parliamentary Counsel (2) After section 35(2) of the Health Services Act 1988 insert— "(3) The Minister must recommend the removal of a director of a board from office if the Minister is satisfied that— (a) the director is physically or mentally unable to fulfil the role of a director of a board; or (b) the director has been convicted or found guilty of an offence, the commission of which, in the opinion of the Minister, makes the director unsuitable to be a director of a board; or (c) the director has been absent, without leave of the board, from all meetings of the board held during a period of 6 months; or (d) the director is an insolvent under administration.". 58 Removal and resignation—multi purpose services (1) In section 115G(2) of the Health Services Act 1988, after "director" insert ", or all directors,". (2) After section 115G(2) of the Health Services Act 1988 insert— "(3) The Minister must recommend the removal of a director of a board from office if the Minister is satisfied that— (a) the director is physically or mentally unable to fulfil the role of a director of a board; or -- 22 of 45 -- Part 4—Amendment of Health Services Act 1988 Health Legislation Amendment and Repeal Act 2019 No. 34 of 2019 19 Authorised by the Chief Parliamentary Counsel (b) the director has been convicted or found guilty of an offence, the commission of which, in the opinion of the Minister, makes the director unsuitable to be a director of a board; or (c) the director has been absent, without leave of the board, from all meetings of the board held during a period of 6 months; or (d) the director is an insolvent under administration.". 59 Terms and conditions After section 134E(1) of the Health Services Act 1988 insert— "(1A) A member of HPV must not serve more than 9 consecutive years as a member of HPV unless the Minister is satisfied that exceptional circumstances exist that justify a further re-appointment of the member.". 60 Regulations After section 158(1)(c) of the Health Services Act 1988 insert— "(ca) requirements, guidelines and standards to be complied with by health service establishments in relation to governance of these establishments;". 61 Schedule 1—Public hospitals In Schedule 1 to the Health Services Act 1988, for "Kyabram and District Health Services" substitute "Kyabram District Health Service". -- 23 of 45 -- Part 4—Amendment of Health Services Act 1988 Health Legislation Amendment and Repeal Act 2019 No. 34 of 2019 20 Authorised by the Chief Parliamentary Counsel 62 Schedule 1A inserted After Schedule 1 to the Health Services Act 1988 insert— "Schedule 1A—Multi purpose services Alpine Health Corryong Health Mallee Track Health and Community Service Orbost Regional Health Otway Health Robinvale District Health Services Timboon and District Healthcare Service". 63 Schedule 4—Privately-operated hospitals In Schedule 4 to the Health Services Act 1988— (a) omit "New Latrobe Regional Hospital"; (b) for "New Mildura Base Hospital" substitute "Mildura Base Hospital". 64 Schedule 5—Public health services In Schedule 5 to the Health Services Act 1988, for "Bendigo Health Care Group" substitute "Bendigo Health". -- 24 of 45 -- Part 5—Amendment of Tobacco Act 1987 Health Legislation Amendment and Repeal Act 2019 No. 34 of 2019 21 Authorised by the Chief Parliamentary Counsel Part 5—Amendment of Tobacco Act 1987 65 Tobacco or e-cigarette advertisements (1) After section 3B(1)(e) of the Tobacco Act 1987 insert— "(ea) any other words or designs, or a combination of words and designs, that are closely associated with a person described in paragraph (e); or". (2) After section 3B(3) of the Tobacco Act 1987 insert— "(3A) Without limiting subsection (1)(ea), words or designs, or a combination of words and designs, are closely associated with a manufacturer of tobacco products or e-cigarette products if that manufacturer enters into a contract, agreement, partnership, sponsorship, undertaking or understanding with a person for that person to give publicity to, or otherwise promote or intend to promote, the words or designs, or a combination of words and designs.". 66 Certain advertising prohibited Section 6(3)(e) of the Tobacco Act 1987 is repealed. 67 Exemptions Section 10 of the Tobacco Act 1987 is repealed. -- 25 of 45 -- Part 6—Amendment of Mental Health Act 2014 Health Legislation Amendment and Repeal Act 2019 No. 34 of 2019 22 Authorised by the Chief Parliamentary Counsel Part 6—Amendment of Mental Health Act 2014 68 Definitions In section 3(1) of the Mental Health Act 2014 insert the following definitions— "Health Complaints Commissioner means the person appointed under section 111 of the Health Complaints Act 2016; National Board has the same meaning as in the Health Practitioner Regulation National Law;". 69 Confidentiality obligations applying in respect of information from clinical practice audit or clinical review In section 140(3) of the Mental Health Act 2014 omit "and imminent". 70 Functions of the Commissioner After section 228(j)(vi) of the Mental Health Act 2014 insert— "(vii) the Health Complaints Commissioner; (viii) the Australian Health Practitioner Regulation Agency; (ix) a prescribed person or body;". 71 Referred complaints In section 233(1)(e) of the Mental Health Act 2014 omit "within the meaning of the Health Complaints Act 2016". -- 26 of 45 -- Part 6—Amendment of Mental Health Act 2014 Health Legislation Amendment and Repeal Act 2019 No. 34 of 2019 23 Authorised by the Chief Parliamentary Counsel 72 Complaint to which National Law may also apply After section 242 of the Mental Health Act 2014 insert— "242A Complaint to which National Law may also apply (1) To avoid doubt, the Commissioner is a health complaints entity within the meaning of the Health Practitioner Regulation National Law. Note See Division 5 of Part 8 of the Health Practitioner Regulation National Law, in particular section 150 of that Law, for the Commissioner's duties if a complaint is made that may be the subject of a notification under section 150(2) of that Law. (2) If it is agreed under section 150 of the Health Practitioner Regulation National Law to deal with the complaint or a part of the complaint under that Law, the Commissioner must refer the complaint to the Australian Health Practitioner Regulation Agency or the relevant National Board.". 73 Commissioner may accept complaints and undertakings In section 243(4)(e) of the Mental Health Act 2014— (a) omit "in a response given to the Commissioner under subsection (2)(b)"; (b) after "complaint" insert ", at any time before the complaint is closed by the Commissioner". 74 Conciliation process In section 244(4) and (5) of the Mental Health Act 2014, for "conciliator" (wherever occurring) substitute "Commissioner". -- 27 of 45 -- Part 6—Amendment of Mental Health Act 2014 Health Legislation Amendment and Repeal Act 2019 No. 34 of 2019 24 Authorised by the Chief Parliamentary Counsel 75 Discontinuation of conciliation (1) In section 246(1) and (2) of the Mental Health Act 2014, for "conciliator" substitute "Commissioner". (2) In section 246(3) of the Mental Health Act 2014— (a) for "a conciliator" substitute "the Commissioner". (b) for "the conciliator" substitute "the Commissioner". 76 Section 247 repealed Section 247 of the Mental Health Act 2014 is repealed. 77 Conciliation agreements In section 248 of the Mental Health Act 2014, for "conciliator" substitute "Commissioner". 78 Section 249 substituted For section 249 of the Mental Health Act 2014 substitute— "249 Non-disclosure of information given in conciliation (1) A person who is or has been the Commissioner or a person employed or engaged under section 230 must not disclose outside a conciliation process any information gained by the person in the conciliation process, other than information relating to an undertaking given under section 243(4)(e) during the course of a conciliation process. Penalty: 60 penalty units. -- 28 of 45 -- Part 6—Amendment of Mental Health Act 2014 Health Legislation Amendment and Repeal Act 2019 No. 34 of 2019 25 Authorised by the Chief Parliamentary Counsel (2) Despite subsection (1), a person referred to in subsection (1) is authorised to disclose information to which subsection (1) applies if— (a) the disclosure is made with the written consent of the person to whom the information relates; or (b) the Commissioner reasonably believes that the disclosure is necessary to lessen or prevent a serious risk to— (i) the life, health, safety or welfare of a person; or (ii) the health, safety or welfare of the public. (3) Evidence of anything said or done during a conciliation process is not admissible in any proceeding before a court or tribunal unless the parties to the conciliation process consent to the admission. (4) Subsection (3) does not apply to an undertaking given under section 243(4)(e) during the course of a conciliation process.". 79 Secrecy (1) For the heading to section 265 of the Mental Health Act 2014 substitute— "Disclosure of information". (2) After section 265(1) of the Mental Health Act 2014 insert— "(1A) Despite subsection (1), a person referred to in subsection (1) is authorised to disclose or communicate information to which that subsection applies— -- 29 of 45 -- Part 6—Amendment of Mental Health Act 2014 Health Legislation Amendment and Repeal Act 2019 No. 34 of 2019 26 Authorised by the Chief Parliamentary Counsel (a) to the Australian Health Practitioner Regulation Agency or any relevant National Board, if that information is or may be the subject of, or relevant to, a complaint, investigation or inquiry under the Health Practitioner Regulation National Law; or (b) if the person reasonably believes that the disclosure is necessary to lessen or prevent a serious risk to— (i) the life, health, safety or welfare of a person; or (ii) the health, safety or welfare of the public.". 80 Mental health service providers to report on complaints For section 267 of the Mental Health Act 2014 substitute— "267 Mental health service providers to provide reports on complaints (1) A mental health service provider must provide a report to the Commissioner about complaints received by the mental health service provider at the intervals specified by the Commissioner. (2) A report under subsection (1) must— (a) be in a form specified by the Commissioner; and (b) contain the information required by the Commissioner.". -- 30 of 45 -- Part 6—Amendment of Mental Health Act 2014 Health Legislation Amendment and Repeal Act 2019 No. 34 of 2019 27 Authorised by the Chief Parliamentary Counsel 81 New Division 3 of Part 16A inserted After Division 2 of Part 16A of the Mental Health Act 2014 insert— "Division 3—Health Legislation Amendment and Repeal Act 2019 433 Definitions In this Division— amending Act means the Health Legislation Amendment and Repeal Act 2019; commencement day means the day on which section 74 of the amending Act comes into operation. 434 Transfer of conciliation process to Commissioner If, immediately before the commencement day, a conciliation process had commenced under Division 3 of Part 10 but had not been completed or discontinued under that Division— (a) on and from the commencement day the conciliation process is to be conciliated by the Commissioner as if the conciliation process had commenced under Division 3 of Part 10 as amended by the amending Act; and (b) despite sections 249(1) (as amended by the amending Act) and 265(1), the person who was the conciliator of the conciliation process may disclose to the Commissioner any information gained by the person that is necessary to enable the Commissioner to conciliate the matter.". -- 31 of 45 -- Part 7—Amendment of Health Complaints Act 2016 Health Legislation Amendment and Repeal Act 2019 No. 34 of 2019 28 Authorised by the Chief Parliamentary Counsel Part 7—Amendment of Health Complaints Act 2016 82 Non-disclosure of information—investigations, complaint data reviews In section 150(3) of the Health Complaints Act 2016 omit "and imminent". 83 Non-disclosure of information—complaint resolution processes In section 151(2)(f) of the Health Complaints Act 2016 omit "and imminent". 84 Non-disclosure of information given in conciliation In section 152(2)(d) of the Health Complaints Act 2016 omit "and imminent". -- 32 of 45 -- Part 8—Amendment of Health Services Act 1988—amendments relating to information sharing Health Legislation Amendment and Repeal Act 2019 No. 34 of 2019 29 Authorised by the Chief Parliamentary Counsel Part 8—Amendment of Health Services Act 1988—amendments relating to information sharing Division 1—Amendment of Health Services Act 1988 85 New Part 6B inserted After Part 6A of the Health Services Act 1988 insert— "Part 6B—Information sharing for quality and safety purposes 134V Definitions In this Part— confidential information means— (a) health information within the meaning of the Health Records Act 2001; or (b) personal information within the meaning of the Privacy and Data Protection Act 2014; or (c) sensitive information within the meaning set out in Schedule 1 to the Privacy and Data Protection Act 2014; or (d) unique identifiers within the meaning set out in Schedule 1 to the Privacy and Data Protection Act 2014; or (e) identifiers within the meaning of the Health Records Act 2001; -- 33 of 45 -- Part 8—Amendment of Health Services Act 1988—amendments relating to information sharing Health Legislation Amendment and Repeal Act 2019 No. 34 of 2019 30 Authorised by the Chief Parliamentary Counsel health service entity means— (a) a public health service; or (b) a public hospital; or (c) a multi purpose service; or (d) a denominational hospital; or (e) a private hospital; or (f) a day procedure centre; or (g) an ambulance service within the meaning of the Ambulance Services Act 1986; or (h) a non-emergency patient transport service within the meaning of the Non-Emergency Patient Transport Act 2003 that is licensed under that Act; or (i) the Victorian Institute of Forensic Mental Health established by section 328 of the Mental Health Act 2014; or (j) a prescribed entity that provides health services; quality and safety body means a prescribed entity that has functions relating to quality and safety of health service entities; quality and safety purpose has the meaning set out in section 134W; special adviser means an entity appointed as a special adviser by the Secretary or a quality and safety body under section 134Z. -- 34 of 45 -- Part 8—Amendment of Health Services Act 1988—amendments relating to information sharing Health Legislation Amendment and Repeal Act 2019 No. 34 of 2019 31 Authorised by the Chief Parliamentary Counsel 134W Meaning of quality and safety purpose For the purposes of this Part, each of the following is a quality and safety purpose— (a) collecting and analysing information relating to the quality and safety of health service entities; (b) monitoring and review of the quality and safety of health service entities and associated risks; (c) reporting to the Secretary or to a quality and safety body in relation to the— (i) performance of a health service entity; or (ii) risk to an individual or the community associated with the performance of a health service entity; (d) incident reporting and performance reporting in relation to health service entities; (e) incident response, including case review, in relation to health service entities. 134X Disclosure of confidential information to Secretary or quality and safety body for a quality and safety purpose (1) The Secretary may disclose confidential information to a quality and safety body for a quality and safety purpose. (2) A quality and safety body may disclose confidential information for a quality and safety purpose— (a) to the Secretary; or -- 35 of 45 -- Part 8—Amendment of Health Services Act 1988—amendments relating to information sharing Health Legislation Amendment and Repeal Act 2019 No. 34 of 2019 32 Authorised by the Chief Parliamentary Counsel (b) to another quality and safety body. (3) A health service entity may disclose confidential information for a quality and safety purpose— (a) to the Secretary; or (b) to a quality and safety body. (4) If the Secretary or a quality and safety body requests a health service entity to disclose confidential information for a quality and safety purpose, the Secretary or quality and safety body may disclose any confidential information to the health service entity that may assist it to identify the confidential information it holds that is relevant to a purpose specified in the request. 134Y Secretary or quality and safety body may collect and use confidential information for a quality and safety purpose (1) The Secretary may collect and use for any quality and safety purpose any confidential information disclosed to the Secretary under this Part. (2) A quality and safety body may collect and use for any quality and safety purpose any confidential information disclosed to the quality and safety body under this Part. 134Z Secretary or quality and safety body may appoint entity as special adviser for quality and safety purposes (1) The Secretary or a quality and safety body may appoint an entity as a special adviser for one or more specified quality and safety purposes in relation to a specified health service entity or class of health service entity. -- 36 of 45 -- Part 8—Amendment of Health Services Act 1988—amendments relating to information sharing Health Legislation Amendment and Repeal Act 2019 No. 34 of 2019 33 Authorised by the Chief Parliamentary Counsel (2) The appointment may include conditions relating to— (a) the kind of confidential information that may be collected, used or disclosed; and (b) how confidential information is to be collected, used or disclosed. 134ZA Collection, use and disclosure of confidential information if special adviser appointed (1) A special adviser may do any of the following for a quality and safety purpose specified in the special adviser's appointment— (a) collect and use confidential information from— (i) a health service entity or a health service entity in a class of health service entity specified in the appointment; and (ii) the Secretary or quality and safety body (whichever of them appointed the special adviser); and (iii) if the special adviser is appointed jointly with another special adviser, that other special adviser; (b) disclose confidential information— (i) to the Secretary or quality and safety body (whichever of them appointed the special adviser); and (ii) if the special adviser is appointed jointly with another special adviser, that other special adviser. -- 37 of 45 -- Part 8—Amendment of Health Services Act 1988—amendments relating to information sharing Health Legislation Amendment and Repeal Act 2019 No. 34 of 2019 34 Authorised by the Chief Parliamentary Counsel (2) If a special adviser requests a health service entity to disclose confidential information for a quality and safety purpose specified in the appointment, the special adviser may disclose any confidential information to the health service entity that may assist it to identify the confidential information it holds that is relevant to a purpose specified in the request. (3) Each of the following may disclose confidential information to a special adviser for a quality and safety purpose specified in the special adviser's appointment— (a) the Secretary or quality and safety body (whichever of them appointed the special adviser); (b) a health service entity or health service entity in a class of health service entity specified in the appointment. 134ZB Minister may authorise collection, use and disclosure of confidential information between health service entities (1) The Minister, by instrument, may authorise a health service entity or a health service entity in a class of health service entity to do any of the following for one or more specified quality and safety purposes— (a) collect and use confidential information from another health service entity or a health service entity in a class of health service entity specified in the instrument; -- 38 of 45 -- Part 8—Amendment of Health Services Act 1988—amendments relating to information sharing Health Legislation Amendment and Repeal Act 2019 No. 34 of 2019 35 Authorised by the Chief Parliamentary Counsel (b) disclose confidential information to another health service entity or a health service entity in a class of health service entity specified in the instrument. (2) The instrument must specify— (a) the health service entities or class or classes of health service entity to which it applies; and (b) the quality and safety purposes for which the health service entity may disclose confidential information. (3) The instrument may include conditions relating to— (a) the kind of confidential information that may be collected, used or disclosed; and (b) how the confidential information is to be collected, used or disclosed. (4) The instrument takes effect on the date specified in the instrument. (5) The instrument must be published in the Government Gazette as soon as practicable after the day on which it is made, unless the instrument identifies or would enable the identification of an individual to whom the confidential information relates. 134ZC Collection, use or disclosure authorised to extent necessary for purpose A person or entity who is authorised under this Part to collect, use or disclose confidential information for a quality and safety purpose must not collect, use or disclose the information except to the extent necessary to achieve that purpose. -- 39 of 45 -- Part 8—Amendment of Health Services Act 1988—amendments relating to information sharing Health Legislation Amendment and Repeal Act 2019 No. 34 of 2019 36 Authorised by the Chief Parliamentary Counsel 134ZD Collection, use or disclosure in good faith protected The collection, use or disclosure of confidential information under this Part in good faith and with reasonable care— (a) does not for any purpose constitute unprofessional conduct or a breach of professional ethics on the part of the individual by whom it was made; and (b) does not make the individual by whom it was made subject to any liability in respect of it.". Division 2—Consequential amendments 86 Amendment of Health Records Act 2001 After section 14C of the Health Records Act 2001 insert— "14D Information sharing for quality and safety purposes under the Health Services Act 1988 (1) Nothing in HPP 1.3, or any applicable code of practice modifying the application of HPP 1.3 or prescribing how HPP 1.3 is to be applied or complied with, applies to the collection of health information for the purposes of Part 6B of the Health Services Act 1988 by any of the following— (a) the Secretary; (b) a quality and safety body; (c) a health service entity; (d) a special adviser. -- 40 of 45 -- Part 8—Amendment of Health Services Act 1988—amendments relating to information sharing Health Legislation Amendment and Repeal Act 2019 No. 34 of 2019 37 Authorised by the Chief Parliamentary Counsel (2) Nothing in HPP 1.5, or any applicable code of practice modifying the application of HPP 1.5 or prescribing how HPP 1.5 is to be applied or complied with, applies to the collection of health information for the purposes of Part 6B of the Health Services Act 1988 by any of the following— (a) the Secretary; (b) a quality and safety body; (c) a health service entity; (d) a special adviser. (3) Nothing in an HPP, or any applicable code of practice modifying the application of an HPP or prescribing how an HPP is to be applied or complied with, applies to the collection, use or disclosure of health information for the purposes of Part 6B of the Health Services Act 1988 by— (a) the Secretary; or (b) a quality and safety body; or (c) a health service entity; or (d) a special adviser— to the extent that the HPP requires the consent of the person to whom the health information relates for the collection, use or disclosure of that information. (4) In this section— health service entity has the same meaning as in section 134V of the Health Services Act 1988; quality and safety body has the same meaning as in section 134V of the Health Services Act 1988; -- 41 of 45 -- Part 8—Amendment of Health Services Act 1988—amendments relating to information sharing Health Legislation Amendment and Repeal Act 2019 No. 34 of 2019 38 Authorised by the Chief Parliamentary Counsel special adviser has the same meaning as in section 134V of the Health Services Act 1988.". 87 Amendment of Privacy and Data Protection Act 2014 After section 15B of the Privacy and Data Protection Act 2014 insert— "15C Exemption—information sharing for quality and safety purposes under the Health Services Act 1988 (1) Nothing in IPP 1.4, or any applicable code of practice modifying the application of IPP 1.4 or prescribing how IPP 1.4 is to be applied or complied with, applies to the collection of personal information for the purposes of Part 6B of the Health Services Act 1988 by any of the following— (a) the Secretary to the Department of Health and Human Services; (b) a quality and safety body; (c) a health service entity; (d) a special adviser. (2) Nothing in IPP 1.5, or any applicable code of practice modifying the application of IPP 1.5 or prescribing how IPP 1.5 is to be applied or complied with, applies to the collection of personal information for the purposes of Part 6B of the Health Services Act 1988 by any of the following— (a) the Secretary to the Department of Health and Human Services; (b) a quality and safety body; -- 42 of 45 -- Part 8—Amendment of Health Services Act 1988—amendments relating to information sharing Health Legislation Amendment and Repeal Act 2019 No. 34 of 2019 39 Authorised by the Chief Parliamentary Counsel (c) a health service entity; (d) a special adviser. (3) Nothing in an IPP, or any applicable code of practice modifying the application of an IPP or prescribing how an IPP is to be applied or complied with, applies to the collection of personal or sensitive information for the purposes of Part 6B of the Health Services Act 1988 by— (a) the Secretary; or (b) a quality and safety body; or (c) a health service entity; or (d) a special adviser— to the extent that the IPP requires the consent of the person to whom the information relates for the collection of that information. (4) In this section— health service entity has the same meaning as in section 134V of the Health Services Act 1988; quality and safety body has the same meaning as in section 134V of the Health Services Act 1988; special adviser has the same meaning as in section 134V of the Health Services Act 1988.". -- 43 of 45 -- Part 9—Repeal of this Act Health Legislation Amendment and Repeal Act 2019 No. 34 of 2019 40 Authorised by the Chief Parliamentary Counsel Part 9—Repeal of this Act 88 Repeal of this Act This Act is repealed on 27 August 2021. Note The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). ═════════════ -- 44 of 45 -- Endnotes Health Legislation Amendment and Repeal Act 2019 No. 34 of 2019 41 Authorised by the Chief Parliamentary Counsel Endnotes 1 General information See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information. † Minister's second reading speech— Legislative Assembly: 29 August 2019 Legislative Council: 15 October 2019 The long title for the Bill for this Act was "A Bill for an Act to amend the Health Services Act 1988, the Mental Health Act 2014 and the Tobacco Act 1987, to repeal the Access to Medicinal Cannabis Act 2016, to consequentially amend other Acts as a result of that repeal and for other purposes." -- 45 of 45 --