Pathology Services Accreditation (Amendment) Act 2002

i Pathology Services Accreditation (Amendment) Act 2002 Act No. 28/2002 TABLE OF PROVISIONS Section Page 1. Purpose 1 2. Commencement 1 3. Definition 2 4. Limitations and restrictions on accreditation to be entered on Register 2 5. Certificates as to limitations or restrictions on accreditation 2 6. New section 17A inserted 3 17A. Restrictions and limitations on accreditation 3 7. Suspension and cancellation 4 8. Appeals against imposition of limitations or restrictions 4 9. Return of accreditation certificate 5 10. Prohibition on performance of certain tests 5 11. Directions 5 12. Effect of suspension or cancellation and offences concerning fraud 6 13. Penalties 6 14. Offences 6 15. Further offences 7 16. New Part XII inserted 7 PART XII—TRANSITIONALS 7 41. Transitionals—limitations etc. on current accreditations 7 ═══════════════ ENDNOTES 8 -- 1 of 9 -- 1 Pathology Services Accreditation (Amendment) Act 2002 † [Assented to 12 June 2002] The Parliament of Victoria enacts as follows: 1. Purpose The main purpose of this Act is to amend the Pathology Services Accreditation Act 1984 to make further provision for the accreditation of pathology services. 2. Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. Victoria No. 28 of 2002 -- 2 of 9 -- Act No. 28/2002 Pathology Services Accreditation (Amendment) Act 2002 2 3. Definition In section 3(1) of the Pathology Services Accreditation Act 1984 insert the following definition— ' "accredited pathology service" means a pathology service accredited under section 13(8) or deemed to be accredited under section 18A;'. 4. Limitations and restrictions on accreditation to be entered on Register After section 11(1)(d) of the Pathology Services Accreditation Act 1984 insert— "(da) any limitation or restriction imposed on the accreditation of the pathology service by the Board; and". 5. Certificates as to limitations or restrictions on accreditation In section 12 of the Pathology Services Accreditation Act 1984— (a) in paragraph (c) for "placed—" substitute "placed; or"; (b) after paragraph (c) insert— "(d) that the accreditation of a pathology service is or is not or was or was not at any particular date or period subject to any limitation or restriction; or s. 3 See: Act No. 10083 Reprint No. 2 as at 18 March 1999 and amending Act Nos 26/1999 and 11/2002 and G.G. 21.12.00 p. 3049. LawToday: www.dms. dpc.vic. gov.au -- 3 of 9 -- Act No. 28/2002 Pathology Services Accreditation (Amendment) Act 2002 3 (e) any limitation or restriction that the accreditation of the pathology service is or was subject to at any particular date or period—". 6. New section 17A inserted After section 17 of the Pathology Services Accreditation Act 1984 insert— "17A. Restrictions and limitations on accreditation (1) The Board may impose any limitation or restriction on— (a) granting accreditation to a pathology service under section 13(8); (b) deeming a pathology service to be accredited under section 18A(1) or (3); (c) renewing the accreditation of a pathology service under section 16. (2) Without limiting sub-section (1), the Board may impose a limitation or restriction that relates to the type of tests the pathology service can perform. (3) The Board may impose any limitation or restriction on an accreditation or deemed accreditation during the period of that accreditation in accordance with sub-section (4). (4) The Board must not impose any limitation or restriction on the accreditation or deemed accreditation of a pathology service unless the Board has— (a) given notice in writing to the pathology service of the Board's intention to impose the limitation or restriction; and s. 6 -- 4 of 9 -- Act No. 28/2002 Pathology Services Accreditation (Amendment) Act 2002 4 (b) considered any submissions whether oral or in writing made to the Board by the pathology service within 7 days after the giving of the notice; and (c) considered any other submissions and any other matters the Board considers appropriate. (5) If the Board decides to impose any limitation or restriction on an accredited pathology service the Board must give notice in writing of the limitation or restriction to the pathology service.". 7. Suspension and cancellation At the end of section 18 of the Pathology Services Accreditation Act 1984 insert— "(2) The Board may suspend or cancel the accreditation of an accredited pathology service if it is of the opinion that there is or could be a serious risk to the public health because there has been a serious breach of a limitation or restriction imposed on the accreditation.". 8. Appeals against imposition of limitations or restrictions In section 26(1) of the Pathology Services Accreditation Act 1984— (a) in paragraph (b)(ii) for "service—" substitute "service; or"; (b) after paragraph (b) insert— "(c) the proprietor of an accredited pathology service is aggrieved by the imposition of any limitation or restriction on the accreditation—"; s. 7 -- 5 of 9 -- Act No. 28/2002 Pathology Services Accreditation (Amendment) Act 2002 5 (c) after "that accreditation" insert "or the imposition of the limitation or restriction". 9. Return of accreditation certificate In section 27(1) of the Pathology Services Accreditation Act 1984— (a) after "by the Board" insert "or the Board has imposed any limitation or restriction on an accreditation"; (b) for "or cancellation" substitute ", cancellation or imposition of a limitation or restriction". 10. Prohibition on performance of certain tests In section 30(1) of the Pathology Services Accreditation Act 1984— (a) in paragraph (b) for "category—" substitute "category;"; (b) after paragraph (b) insert— "(c) in an accredited pathology service or a pathology service that is deemed to be accredited performs a test which it is not permitted to perform because of a limitation or restriction placed on its accreditation—". 11. Directions (1) After section 32(1) of the Pathology Services Accreditation Act 1984 insert— "(1A) If the Board is of the opinion that a limitation or restriction that is imposed on the accreditation or deemed accreditation of a pathology service is not being complied with by the pathology service, the Board may give to the proprietor of the pathology service any directions in writing that it thinks necessary to enable the limitation or restriction to be s. 9 -- 6 of 9 -- Act No. 28/2002 Pathology Services Accreditation (Amendment) Act 2002 6 complied with and must state in the direction the time within which the proprietor must comply with the direction.". (2) In section 32(2) of the Pathology Services Accreditation Act 1984— (a) in paragraph (a) after "accreditation" insert "or deemed accreditation"; (b) at the end of paragraph (a) insert "; or"; (c) after paragraph (b) insert— "(ba) impose a further limitation or restriction on the accreditation or deemed accreditation of the pathology service; or". 12. Effect of suspension or cancellation and offences concerning fraud In sections 33(1) and (2) and 34 of the Pathology Services Accreditation Act 1984 after "accreditation" insert "or deemed accreditation". 13. Penalties (1) In sections 20, 21, 34, 35 and 36 of the Pathology Services Accreditation Act 1984— (a) omit the penalties at the foot of each section; (b) after "this Act" insert "and liable to a penalty not exceeding 60 penalty units". (2) Section 37 of the Pathology Services Accreditation Act 1984 is repealed. 14. Offences In section 35 of the Pathology Services Accreditation Act 1984, after paragraph (a) insert— "; or s. 12 -- 7 of 9 -- Act No. 28/2002 Pathology Services Accreditation (Amendment) Act 2002 7 (ab) other than in an accredited pathology service performs or causes to be performed any test unless that test is permitted by or under this Act to be performed outside an accredited pathology service; or". 15. Further offences At the end of section 36 of the Pathology Services Accreditation Act 1984 insert— "(2) A person who in an accredited pathology service performs or causes to be performed a test which is not permitted to be performed in that pathology service because of a limitation or restriction placed on its accreditation is guilty of an offence and liable to a penalty not exceeding 60 penalty units.". 16. New Part XII inserted After section 40 of the Pathology Services Accreditation Act 1984 insert— "PART XII—TRANSITIONALS 41. Transitionals—limitations etc. on current accreditations The Board may impose any limitation or restriction on an accreditation or deemed accreditation that is in force at the commencement of the Pathology Services Accreditation (Amendment) Act 2002 during the period of that accreditation in accordance with section 17A.". ═══════════════ s. 15 -- 8 of 9 -- Act No. 28/2002 Pathology Services Accreditation (Amendment) Act 2002 8 ENDNOTES † Minister's second reading speech— Legislative Assembly: 16 May 2002 Legislative Council: 4 June 2002 The long title for the Bill for this Act was "to amend the Pathology Services Accreditation Act 1984 to make further provision for the accreditation of pathology services and for other purposes." Endnotes -- 9 of 9 --