Health Legislation (Infertility Treatment and Medical Treatment) Act 2006
i
Health Legislation (Infertility Treatment and
Medical Treatment) Act 2006
Act No. 45/2006
TABLE OF PROVISIONS
Section Page
1. Purposes 1
2. Commencement 2
3. Licensed centres 2
4. Refusal of treatment certificate by agent or guardian 3
5. Statute law revision 4
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ENDNOTES 5
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1
Health Legislation (Infertility
Treatment and Medical Treatment) Act
2006 †
[Assented to 25 July 2006]
The Parliament of Victoria enacts as follows:
1. Purposes
The purposes of this Act are—
(a) to amend the Infertility Treatment Act
1995 with respect to licensing of infertility
treatment service providers;
(b) to make minor amendments to the Medical
Treatment Act 1988; and
Victoria
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(c) to make an amendment of a statute law
revision nature.
2. Commencement
(1) This Act (except section 5) comes into operation
on the day on which it receives the Royal Assent.
(2) Section 5 is deemed to have come into operation
on 6 May 2003.
3. Licensed centres
In section 93 of the Infertility Treatment Act
1995—
(a) in paragraph (c), for "who is a legal
person—" substitute "who is a legal person;
or";
(b) after paragraph (c) insert—
"(ca) the proprietor, being a body corporate,
of a clinic that—
(i) is within a public hospital,
denominational hospital, private
hospital or day procedure centre;
or
(ii) accesses clinical services of, a
public hospital, denominational
hospital, private hospital or day
procedure centre under a service
agreement—";
(c) for "premises of the hospital or centre"
substitute "premises of the hospital, centre
or clinic".
s. 2
See:
Act No.
63/1995.
Reprint No. 2
as at
16 October
2003
and
amending
Act Nos
108/2004,
10/2005 and
97/2005.
LawToday:
www.dms.
dpc.vic.
gov.au
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4. Refusal of treatment certificate by agent or
guardian
In Schedule 3 to the Medical Treatment Act
1988—
(a) for—
"* an order of the Victorian Civil and
Administrative Tribunal under the
Guardianship and Administration Act 1986."
substitute—
"* an appropriate guardianship order of the
Victorian Civil and Administrative Tribunal
under the Guardianship and Administration
Act 1986 that provides for decisions about
medical treatment.";
(b) for Note 4 substitute—
"4. If a medical practitioner is asked to sign the
verification part of this certificate and has
doubts about any of the following matters, an
application may be made to the Victorian Civil
and Administrative Tribunal to review the
case—
(a) whether the patient is incompetent;
(b) in the case of an alternate agent, whether
the medical practitioner or other person
should decline to be satisfied of the
matters referred to in paragraph (a) of the
verification, in accordance with section
5AA(2) of the Medical Treatment Act
1988;
(c) whether the agent or guardian is
competent to act and is acting in good
faith in refusing medical treatment on
behalf of the patient.".
s. 4
See:
Act No.
41/1988.
Reprint No. 4
as at
12 November
1998
and
amending
Act Nos
74/2000 and
97/2005.
LawToday:
www.dms.
dpc.vic.
gov.au
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5. Statute law revision
In section 23 of the Health Legislation
(Research Involving Human Embryos and
Prohibition of Human Cloning) Act 2003—
(a) after "and (3)" insert "of the Principal Act";
and
(b) for "Commonwealth Act" substitute
"Research Involving Human Embryos Act
2002 of the Commonwealth".
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s. 5
See:
Act No.
11/2003.
Statute Book
www.dms.
dpc.vic.
gov.au
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ENDNOTES
† Minister's second reading speech—
Legislative Assembly: 31 May 2006
Legislative Council: 18 July 2006
The long title for the Bill for this Act was "to amend the Infertility
Treatment Act 1995 and the Medical Treatment Act 1988 and for other
purposes."
Endnotes
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