Health Professions Registration (Repeal) Act 2012

Authorised by the Chief Parliamentary Counsel Authorised Version i Health Professions Registration (Repeal) Act 2012 No. 27 of 2012 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purposes 1 2 Commencement 2 PART 2—REPEAL OF HEALTH PROFESSIONS REGISTRATION ACT 2005 AND TRANSITIONAL PROVISIONS 3 3 Repeal of Health Professions Registration Act 2005 3 4 Abolition of Boards 3 5 Reports 3 PART 3—CONSEQUENTIAL AMENDMENTS 5 Division 1—Amendment of the Abortion Law Reform Act 2008 5 6 Definitions 5 Division 2—Amendment of the Accident Compensation Act 1985 5 7 Findings of relevant bodies 5 8 Schedule 6 6 Division 3—Amendment of the Drugs, Poisons and Controlled Substances Act 1981 6 9 Definitions 6 10 Act not to derogate from provisions of certain other Acts 7 11 The Poisons List 7 12 Persons authorized to have possession etc. of poisons or controlled substances 7 13 Restrictions on authorisations for certain health practitioners 8 14 Minister to approve scope of prescribing rights or supply of poisons 8 15 Offences concerning labelling and other matters 8 16 Construction of section 129 8 -- 1 of 18 -- Section Page ii Authorised by the Chief Parliamentary Counsel Division 4—Amendment of the Education and Training Reform Act 2006 9 17 Definitions 9 18 Findings and determinations of medical panel hearing 9 Division 5—Amendment of the Health Practitioners (Special Events Exemption) Act 1999 9 19 Definitions 9 20 Pharmacists exempt from certain offences 10 Division 6—Amendment of the Health Services (Conciliation and Review) Act 1987 10 21 Schedule 10 Division 7—Amendment of the Public Health and Wellbeing Act 2008 10 22 Definitions 10 Division 8—Amendment of the Radiation Act 2005 11 23 Further considerations in relation to use licence applications 11 24 Suspension or cancellation 11 25 Disclosure of information to other agencies 11 Division 9—Amendment of the Summary Offences Act 1966 12 26 Definitions 12 Division 10—Amendment of the Transport Accident Act 1986 12 27 Definitions 12 Division 11—Amendment of the Victorian Civil and Administrative Tribunal Act 1998 13 28 Schedule 1 13 Division 12—Amendment of the Working with Children Act 2005 13 29 Category 3 application 13 Division 13—Amendment of the Wrongs Act 1958 14 30 Definitions 14 PART 4—REPEAL OF ACT 15 31 Repeal of Act 15 ═══════════════ ENDNOTES 16 -- 2 of 18 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Health Professions Registration (Repeal) Act 2012 † No. 27 of 2012 [Assented to 29 May 2012] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purposes The main purposes of this Act are— (a) to repeal the Health Professions Registration Act 2005 due to the regulation of Chinese medicine practitioners and medical radiation practitioners under the Health Practitioner Regulation National Law; Victoria -- 3 of 18 -- Part 1—Preliminary Health Professions Registration (Repeal) Act 2012 No. 27 of 2012 2 Authorised by the Chief Parliamentary Counsel (b) to make minor and consequential amendments to other Acts. 2 Commencement This Act comes into operation on 1 July 2012. __________________ s. 2 -- 4 of 18 -- Part 2—Repeal of Health Professions Registration Act 2005 and Transitional Provisions Health Professions Registration (Repeal) Act 2012 No. 27 of 2012 3 Authorised by the Chief Parliamentary Counsel PART 2—REPEAL OF HEALTH PROFESSIONS REGISTRATION ACT 2005 AND TRANSITIONAL PROVISIONS 3 Repeal of Health Professions Registration Act 2005 The Health Professions Registration Act 2005 is repealed. 4 Abolition of Boards (1) On 1 July 2012 the following responsible boards within the meaning of the Health Professions Registration Act 2005 are abolished— (a) the Chinese Medicine Registration Board of Victoria; (b) the Medical Radiation Practitioners Board of Victoria. (2) On the abolition of a board under subsection (1) its members go out of office. 5 Reports (1) Despite section 4, the report of operations and financial statements of a board abolished under section 4(1) for a period of time prior to the financial year ending 30 June 2012 must be s. 3 See: Act No. 97/2005. Reprint No. 1 as at 1 September 2007 and amending Act Nos 46/2008, 64/2008, 79/2008, 68/2009, 69/2009, 13/2010, 39/2010, 43/2010 and 29/2011. LawToday: www. legislation. vic.gov.au -- 5 of 18 -- Part 2—Repeal of Health Professions Registration Act 2005 and Transitional Provisions Health Professions Registration (Repeal) Act 2012 No. 27 of 2012 4 Authorised by the Chief Parliamentary Counsel prepared under the Financial Management Act 1994. (2) For the purposes of subsection (1)— (a) the board continues in operation as if the board were a responsible board within the meaning of the Health Professions Registration Act 2005; and (b) that board had not been abolished. __________________ s. 5 -- 6 of 18 -- Part 3—Consequential Amendments Health Professions Registration (Repeal) Act 2012 No. 27 of 2012 5 Authorised by the Chief Parliamentary Counsel PART 3—CONSEQUENTIAL AMENDMENTS Division 1—Amendment of the Abortion Law Reform Act 2008 6 Definitions (1) In section 3 of the Abortion Law Reform Act 2008, for the definition of registered health practitioner substitute— "registered health practitioner means a person registered under the Health Practitioner Regulation National Law to practise a health profession (other than as a student);". (2) In section 3 of the Abortion Law Reform Act 2008, for the definition of regulated health profession substitute— "regulated health profession means a health profession within the meaning of the Health Practitioner Regulation National Law;". Division 2—Amendment of the Accident Compensation Act 1985 7 Findings of relevant bodies In section 249BA(4) of the Accident Compensation Act 1985, in the definition of relevant body for paragraph (a) substitute— "(a) a National Board within the meaning of the Health Practitioner Regulation National Law;". See: Act No. 58/2008 and amending Act Nos 58/2008 and 13/2010. LawToday: www. legislation. vic.gov.au s. 6 See: Act No. 10191. Reprint No. 18 as at 1 July 2011 and amending Act Nos 107/1997, 80/2010 and 76/2011. LawToday: www. legislation. vic.gov.au -- 7 of 18 -- Part 3—Consequential Amendments Health Professions Registration (Repeal) Act 2012 No. 27 of 2012 6 Authorised by the Chief Parliamentary Counsel 8 Schedule 6 In Schedule 6 to the Accident Compensation Act 1985, for item 17 substitute— "17. A National Board within the meaning of the Health Practitioner Regulation National Law.". Division 3—Amendment of the Drugs, Poisons and Controlled Substances Act 1981 9 Definitions In section 4(1) of the Drugs, Poisons and Controlled Substances Act 1981— (a) for the definition of registered Chinese herbal dispenser substitute— "registered Chinese herbal dispenser means a person registered under the Health Practitioner Regulation National Law to practise in the Chinese medicine profession in the division of Chinese herbal dispenser;"; (b) for the definition of registered Chinese medicine practitioner substitute— "registered Chinese medicine practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the Chinese medicine profession in the division of Chinese herbal medicine practitioner;". s. 8 See: Act No. 9719. Reprint No. 9 as at 1 July 2010 and amending Act Nos 39/2010, 43/2010, 64/2010, 29/2011, 41/2011, 43/2011 and 51/2011. LawToday: www. legislation. vic.gov.au -- 8 of 18 -- Part 3—Consequential Amendments Health Professions Registration (Repeal) Act 2012 No. 27 of 2012 7 Authorised by the Chief Parliamentary Counsel 10 Act not to derogate from provisions of certain other Acts In section 7 of the Drugs, Poisons and Controlled Substances Act 1981 omit "Health Professions Registration Act 2005,". 11 The Poisons List In section 12A(1)(a) of the Drugs, Poisons and Controlled Substances Act 1981, for "Registration Board of Victoria under the Health Professions Registration Act 2005" substitute "Board of Australia under the Health Practitioner Regulation National Law". 12 Persons authorized to have possession etc. of poisons or controlled substances (1) In section 13(1)(d) of the Drugs, Poisons and Controlled Substances Act 1981, for "the Health Professions Registration Act 2005" substitute "section 94 of the Health Practitioner Regulation National Law". (2) In section 13(1)(e) of the Drugs, Poisons and Controlled Substances Act 1981, for "the Health Professions Registration Act 2005" substitute "section 94 of the Health Practitioner Regulation National Law". (3) In section 13(3A) of the Drugs, Poisons and Controlled Substances Act 1981, for "the Health Professions Registration Act 2005" substitute "section 94 of the Health Practitioner Regulation National Law". (4) In section 13(5) of the Drugs, Poisons and Controlled Substances Act 1981, for "registered as a" substitute "a registered". s. 10 -- 9 of 18 -- Part 3—Consequential Amendments Health Professions Registration (Repeal) Act 2012 No. 27 of 2012 8 Authorised by the Chief Parliamentary Counsel (5) In section 13(5) of the Drugs, Poisons and Controlled Substances Act 1981, after "Chinese medicine practitioner or" insert "registered". 13 Restrictions on authorisations for certain health practitioners In section 14(2) of the Drugs, Poisons and Controlled Substances Act 1981, for "Registration Board of Victoria continued in operation under the Health Professions Registration Act 2005" substitute "Board of Australia acting under the Health Practitioner Regulation National Law". 14 Minister to approve scope of prescribing rights or supply of poisons In section 14A(3) of the Drugs, Poisons and Controlled Substances Act 1981 omit "a responsible board continued or established under the Health Professions Registration Act 2005 or". 15 Offences concerning labelling and other matters In section 27A(4) of the Drugs, Poisons and Controlled Substances Act 1981, for "Health Professions Registration Act 2005" substitute "Health Practitioner Regulation National Law". 16 Construction of section 129 Section 130(b) of the Drugs, Poisons and Controlled Substances Act 1981 is repealed. s. 13 -- 10 of 18 -- Part 3—Consequential Amendments Health Professions Registration (Repeal) Act 2012 No. 27 of 2012 9 Authorised by the Chief Parliamentary Counsel Division 4—Amendment of the Education and Training Reform Act 2006 17 Definitions In section 2.6.35A of the Education and Training Reform Act 2006, for the definition of registered health practitioner substitute— "registered health practitioner means a person registered under the Health Practitioner Regulation National Law to practise a health profession other than as a student;". 18 Findings and determinations of medical panel hearing In section 2.6.41E(3)(d) of the Education and Training Reform Act 2006 omit "a health practitioner registered under the Health Professions Registration Act 2005 or". Division 5—Amendment of the Health Practitioners (Special Events Exemption) Act 1999 19 Definitions In section 3 of the Health Practitioners (Special Events Exemption) Act 1999, for the definition of health registration Act substitute— "health registration Act means the Health Practitioner Regulation National Law and includes any regulations made under that Act;". See: Act No. 24/2006. Reprint No. 2 as at 6 May 2010 and amending Act Nos 27/2010, 28/2010, 39/2010, 71/2010, 11/2011, 61/2011 and 76/2011. LawToday: www. legislation. vic.gov.au s. 17 See: Act No. 51/1999. Reprint No. 1 as at 19 May 2011. LawToday: www. legislation. vic.gov.au -- 11 of 18 -- Part 3—Consequential Amendments Health Professions Registration (Repeal) Act 2012 No. 27 of 2012 10 Authorised by the Chief Parliamentary Counsel 20 Pharmacists exempt from certain offences In section 16(2) of the Health Practitioners (Special Events Exemption) Act 1999 omit "the Health Professions Registration Act 2005 or". Division 6—Amendment of the Health Services (Conciliation and Review) Act 1987 21 Schedule For the Schedule to the Health Services (Conciliation and Review) Act 1987 substitute— "SCHEDULE 1. A National Board established under the Health Practitioner Regulation National Law.". Division 7—Amendment of the Public Health and Wellbeing Act 2008 22 Definitions In section 3(1) of the Public Health and Wellbeing Act 2008, for the definition of registered health practitioner substitute— "registered health practitioner means a person registered under the Health Practitioner Regulation National Law to practise a health profession other than as a student;". s. 20 See: Act No. 25/1987. Reprint No. 5 as at 19 May 2011. LawToday: www. legislation. vic.gov.au See: Act No. 46/2008. Reprint No. 1 as at 1 July 2011 and amending Act Nos 56/2011 and 80/2011. LawToday: www. legislation. vic.gov.au -- 12 of 18 -- Part 3—Consequential Amendments Health Professions Registration (Repeal) Act 2012 No. 27 of 2012 11 Authorised by the Chief Parliamentary Counsel Division 8—Amendment of the Radiation Act 2005 23 Further considerations in relation to use licence applications In section 44(2) of the Radiation Act 2005, in the definition of relevant practitioner registration board for paragraph (a) substitute— "(a) registered to practise a health profession other than as a student by a National Board under the Health Practitioner Regulation National Law—the National Board that registered that person;". 24 Suspension or cancellation In section 60(5) of the Radiation Act 2005, in the definition of relevant practitioner registration board for paragraph (a) substitute— "(a) registered to practise a health profession other than as a student by a National Board under the Health Practitioner Regulation National Law—the National Board that registered that person;". 25 Disclosure of information to other agencies In section 136(1)(b) of the Radiation Act 2005 omit "a responsible board established or continued in operation under the Health Professions Registration Act 2005,". See: Act No. 62/2005. Reprint No. 1 as at 14 February 2008 and amending Act Nos 46/2008, 66/2008, 68/2009, 13/2010, 24/2010, 29/2010 and 29/2011. LawToday: www. legislation. vic.gov.au s. 23 -- 13 of 18 -- Part 3—Consequential Amendments Health Professions Registration (Repeal) Act 2012 No. 27 of 2012 12 Authorised by the Chief Parliamentary Counsel Division 9—Amendment of the Summary Offences Act 1966 26 Definitions (1) In section 43(1) of the Summary Offences Act 1966, for the definition of registered health practitioner substitute— "registered health practitioner means a person registered under the Health Practitioner Regulation National Law to practise a health profession;". (2) In section 43(1) of the Summary Offences Act 1966 for the definition of registered student substitute— "registered student means a person whose name is entered in a student register for a health profession kept by a National Board under the Health Practitioner Regulation National Law;". (3) In section 43(1) of the Summary Offences Act 1966, in the definition of regulated health service omit "a responsible board under the Health Professions Registration Act 2005 or". Division 10—Amendment of the Transport Accident Act 1986 27 Definitions In section 3(1) of the Transport Accident Act 1986, in the definition of medical service for paragraph (ba) substitute— "(ba) the provision of acupuncture by a person— (i) registered as a Chinese medicine practitioner in the Division of Acupuncturists under the Health Practitioner Regulation National Law; or See: Act No. 7405. Reprint No. 10 as at 1 January 2009 and amending Act Nos 1/2009, 7/2009, 68/2009, 92/2009, 13/2010, 18/2010, 29/2010, 63/2010, 12/2011, 27/2011, 29/2011, 43/2011, 58/2011, 80/2011 and 5/2012. LawToday: www. legislation. vic.gov.au s. 26 See: Act No. 111/1986. Reprint No. 12 as at 1 July 2011 and amending Act No. 49/2010. LawToday: www. legislation. vic.gov.au -- 14 of 18 -- Part 3—Consequential Amendments Health Professions Registration (Repeal) Act 2012 No. 27 of 2012 13 Authorised by the Chief Parliamentary Counsel (ii) whose registration is endorsed under section 97 of the Health Practitioner Regulation National Law as being qualified to practise as an acupuncturist; and". Division 11—Amendment of the Victorian Civil and Administrative Tribunal Act 1998 28 Schedule 1 In clause 11A in Part 5A of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998 after "Health Professions Registration Act 2005" insert "as in force immediately before its repeal". Division 12—Amendment of the Working with Children Act 2005 29 Category 3 application In section 14(1)(a) of the Working with Children Act 2005— (a) in subparagraph (ii) after "Health Professions Registration Act 2005" insert "as in force immediately before its repeal"; (b) after subparagraph (ii) insert— "(iii) a determination under section 196(2)(d) or (e) or section 197(2)(b) of the Health Practitioner Regulation National Law by VCAT or by another responsible See: Act No. 53/1998. Reprint No. 7 as at 1 January 2011 and amending Act Nos 11/2010, 16/2010, 74/2010 and 6/2012. LawToday: www. legislation. vic.gov.au s. 28 See: Act No. 57/2005. Reprint No. 3 as at 1 August 2011 and amending Act Nos 51/2010, 34/2011, 65/2011 and 80/2011. LawToday: www. legislation. vic.gov.au -- 15 of 18 -- Part 3—Consequential Amendments Health Professions Registration (Repeal) Act 2012 No. 27 of 2012 14 Authorised by the Chief Parliamentary Counsel tribunal within the meaning of that Law; or". Division 13—Amendment of the Wrongs Act 1958 30 Definitions (1) In section 28LB of the Wrongs Act 1958, in the definition of registered health practitioner after paragraph (c) insert— "(ca) a person registered under the Health Practitioner Regulation National Law to practise in the occupational therapy profession (other than as a student); or". (2) In section 28LB of the Wrongs Act 1958, in the definition of registered health practitioner for paragraph (i) substitute— "(i) a person registered under the Health Practitioner Regulation National Law to practise in the Chinese medicine profession— (i) in the Division of Chinese herbal medicine practitioner; or (ii) in the Division of Acupuncturists;". __________________ See: Act No. 6420. Reprint No. 10 as at 1 December 2009 and amending Act Nos 7/2009, 68/2009, 69/2009, 13/2010, 16/2010, 72/2010, 80/2010 and 79/2011. LawToday: www. legislation. vic.gov.au s. 30 -- 16 of 18 -- Part 4—Repeal of Act Health Professions Registration (Repeal) Act 2012 No. 27 of 2012 15 Authorised by the Chief Parliamentary Counsel PART 4—REPEAL OF ACT 31 Repeal of Act This Act is repealed on 1 July 2013. Note The repeal of this Act does not affect the continuing operation of the repeal or the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). ═══════════════ s. 31 -- 17 of 18 -- Health Professions Registration (Repeal) Act 2012 No. 27 of 2012 16 Authorised by the Chief Parliamentary Counsel ENDNOTES † Minister's second reading speech— Legislative Assembly: 28 March 2012 Legislative Council: 19 April 2012 The long title for the Bill for this Act was "A Bill for an Act to repeal the Health Professions Registration Act 2005, to make related and consequential amendments to other Acts and for other purposes." Endnotes -- 18 of 18 --