Health Legislation (Miscellaneous Amendments) Act 2005

Health Legislation (Miscellaneous Amendments) Act 2005

Act No.

table of provisions

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Part 1—Preliminary

1.Purpose

2.Commencement

Part 2—Cemeteries and Crematoria Act 2003

3.Fees of cemetery trusts

4.Interment approval fees

5.Orders about deceased poor persons

6.Application for exhumation licence

7.New section 158A inserted

158A.False statements

Part 3—Health Services Act 1988

8.Health service agreements

9.Interim funding statements

10.Annual meetings of public hospitals

11.Directors of boards of health services

12.Annual meetings of public health services

13.Exemptions from HDV purchasing policies

14.New section 134D substituted

134D.Members of HPV

Part 4—Mental Health Act 1986

15.Involuntary treatment orders

16.New sections 12 and 12AA substituted

12.Involuntary treatment orders—persons in the
community

12AA.Involuntary treatment orders—persons in approved mental healthservices

17.Consequential amendments

18.Treatment plans

19.Special leave

Part 5—Health Practitioner Acts

Division 1—Chinese Medicine Registration Act 2000

20.New section 50A inserted

50A.Agreements to amend, vary or revoke conditions or revoke suspensions

21.Claims as to registration

22.Chinese Medicine Registration Board

23.New Schedule substituted

Division 2—Chiropractors Registration Act 1996

24.Registration

25.Board and panels

26.New section 51A inserted and consequential repeal

51A.Agreements to amend, vary or revoke conditions or revoke suspensions

27.New section 99 inserted

99.Transitional—panels

Division 3—Dental Practice Act 1999

28.Registration

29.New section 49A inserted and consequential repeal

49A.Agreements to amend, vary or revoke conditions or revoke suspensions

Division 4—Medical Practice Act 1994

30.Board

Division 5—Nurses Act 1993

31.Registration

32.New section 49C inserted and consequential repeal

49C.Agreements to amend, vary or revoke conditions or revoke suspensions

Division 6—Optometrists Registration Act 1996

33.Registration

34.Board and panels

35.New section 52A inserted and consequential repeal

52A.Agreements to amend, vary or revoke conditions or revoke suspensions

36.New section 100 substituted and consequential amendment

100.Transitional—panels

Division 7—Osteopaths Registration Act 1996

37.Registration

38.Board and panels

39.New section 51A inserted and consequential repeal

51A.Agreements to amend, vary or revoke conditions or revoke suspensions

40.New section 95 substituted

95.Transitional—panels

Division 8—Physiotherapists Registration Act 1998

41.Registration

42.Board and panels

43.New section 50A inserted and consequential repeal

50A.Agreements to amend, vary or revoke conditions or revoke suspensions

44.New section 96 inserted

96.Transitional—panels

Division 9—Podiatrists Registration Act 1997

45.Registration

46.Board and panels

47.New section 51A inserted and consequential repeal

51A.Agreements to amend, vary or revoke conditions or revoke suspensions

48.New section 97 substituted

97.Transitional—panels

Division 10—Psychologists Registration Act 2000

49.The Board

50.New section 54A inserted and consequential repeal

54A.Agreements to amend, vary or revoke conditions or revoke suspensions

Part 6—Miscellaneous Amendments

51.Building Act 1993

52.Health Act 1958

53.Veterinary Practice Act 1997—new section 50A

50A.Agreements to amend, vary or revoke conditions or revoke suspensions

54.Veterinary Practice Act 1997—Board members

═══════════════

Endnotes

1

551324B.I2-20/5/2005BILL LA CIRCULATION 20/5/2005

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Initiated in Assembly 17 May 2005

A BILL

1

551324B.I2-20/5/2005BILL LA CIRCULATION 20/5/2005

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to amend the Cemeteries and Crematoria Act 2003, the Health Services Act 1988, the Mental Health Act 1986, various health practitioner regulation Acts and the Veterinary Practice Act 1997 and for other purposes.

1

551324B.I2-20/5/2005BILL LA CIRCULATION 20/5/2005

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Health Legislation (Miscellaneous Amendments) Act 2005

1

551324B.I2-20/5/2005BILL LA CIRCULATION 20/5/2005

Act No.

Health Legislation (Miscellaneous Amendments) Act 2005

1

551324B.I2-20/5/2005BILL LA CIRCULATION 20/5/2005

Act No.

Health Legislation (Miscellaneous Amendments) Act 2005

The Parliament of Victoriaenacts as follows:

1

551324B.I2-20/5/2005BILL LA CIRCULATION 20/5/2005

Part 6—Miscellaneous Amendments

Health Legislation (Miscellaneous Amendments) Act 2005

Act No.

Part 1—Preliminary

1.Purpose

The main purpose of this Act is to amend the Cemeteries and Crematoria Act 2003, the Health Services Act 1988,the Mental Health Act 1986, various health practitioner regulation Acts and the Veterinary Practice Act 1997 and for other purposes.

2.Commencement

s. 2

This Actcomes into operation on the day after the day on which it receives the Royal Assent.

______

See:
Act No.
80/2003 and amending
Act No.108/2004.
LawToday:

dpc.vic.
gov.au

Part 2—Cemeteries and Crematoria Act 2003

3.Fees of cemetery trusts

s. 3

(1)In section 43 of the Cemeteries and Crematoria Act 2003—

(a)in sub-section (1)(b) omit "the increase in";

(b)for sub-section (3)(c) substitute—

"(c)applies to cemetery trusts and cemetery trust fees in accordance with the declaration.".

(2)After section 43(2) of the Cemeteries and Crematoria At 2003 insert—

"(2A)A declaration under sub-section (2) may provide that this section does not apply to—

(a)a specified cemetery trust or specified cemetery trusts;

(b)specified cemetery trust fees of cemetery trusts generally;

(c)specified cemetery trust fees of a specified cemetery trust or specified cemetery trusts.".

4.Interment approval fees

In section 121(2)(b) of the Cemeteries and Crematoria Act 2003 after "fee" insert
"(if any)".

5.Orders about deceased poor persons

In sections 142, 143(1),143(2) and 144 of the Cemeteries and Crematoria Act 2003 after "Magistrates' Court" insert "or a coroner appointed under the Coroners Act 1985".

6.Application for exhumation licence

s. 6

After section 156(2) of the Cemeteries and Crematoria Act 2003 insert—

"(3)An application for an exhumation licence must also be accompanied by one of the following—

(a)a notice under section 37(2) of the Births, Deaths and Marriages Registration Act 1996;

(b) a certificate in the form prescribed under section 23 of the Coroners Act 1985;

(c) if the deceased died in another State or Territory of the Commonwealth or overseas, a document corresponding to a notice under section 37(2) of the Births, Deaths and Marriages Registration Act 1996from the jurisdiction where the deceased died;

(d)if the licence is for a stillbornchild—

(i)a notice of still-birth under the Births, Deaths and Marriages Registration Act 1996; or

(ii)if the still-birth occurred in anotherState or Territory of theCommonwealth or overseas, adocument corresponding to a notice ofstill-birth under the Births, Deaths and Marriages Registration Act 1996from the jurisdiction where the stillbirthoccurred;

(e)a statutory declaration made by the applicant stating that owing tospecial circumstances, it is not possible toproduce the required documents referred toin paragraph (a), (c) or (d).".

7.New section 158A inserted

s. 7

After section 158 of the Cemeteries and Crematoria Act 2003 insert—

"158A.False statements

A person must not knowingly make a false statement in an application for an exhumation licence under this Part.

Penalty:240 penalty units or 2 years imprisonment or both.".

______

See:
Act No.
49/1988.
Reprint No. 9
as at 1 July2004and G.G.19.8.2004 p. 2343 and amending
Act Nos
18/2004 and 108/2004.
LawToday:

dpc.vic.
gov.au

Part 3—Health Services Act 1988

8.Health service agreements

s. 8

After section 26(4) of the Health Services Act 1988 insert—

"(4A)A health service agreement entered into by a denominational hospital or a public health service is not required to specify particulars of any matters that are,or are to be, specified in a statement of priorities that has been, or will be, agreed to or made in relation to the hospital or health service under this Act for the financial year that the health service agreement is made in respect of.".

9.Interim funding statements

(1)In section 27(1) of the Health Services Act 1988 for "must issue" substitute "may issue".

(2)After section 27(1) of the Health Services Act 1988 insert—

"(1A)The Minister is not required to issue an interim funding statement under sub-section (1) for a denominational hospital or a public health service in relation to a financial year if a statement of priorities has been agreed to or made in relation to the hospital or health service under this Act in respect of that financial year.".

10.Annual meetings of public hospitals

In section 36(1) of the Health Services Act 1988 for "October" substitute "December".

11. Directors of boards of health services

In section 65U(2) of the Health Services Act 1988 for "3 consecutive terms" substitute "9consecutive years".

12. Annual meetings of public health services

s. 12

In section 65ZG(1) of the Health Services Act 1988for "October" substitute "December".

13. Exemptions from HDV purchasing policies

In section 134A of the Health Services Act 1988after "policy" insert "or part of a purchasing policy".

14. New section 134D substituted

For section 134D of the Health Services Act 1988 substitute—

"134D.Members of HPV

(1)HPV consists of the following members appointed by the Governor in Council on the recommendation of the Minister—

(a)a chairperson who, in the Minister's opinion has knowledge of or experience in purchasing, logistics or supply chain management;

(b)thechief executive officer of a public health service (other than a public hospital referred to in paragraph (c)(ii));

(c)thechief executive officer of a public hospital that—

(i)is listed in Schedule 1; or

(ii)was anold public hospital within the meaning of section 232 and became a public health service on or after 1 July 2004;

(d)a person employed in the Department who is nominated by the Secretary to the Department;

(e)a person employed in the Department administered by the Treasurer who is nominated by the Secretary to that Department;

(f)between 3 and 7 people who, in the opinion of the Minister, have knowledge, skills or experience relevant to the functions of HPV.

(2)In making recommendations for appointment to the Governor in Council, the Minister must ensure that HPV has—

s. 14

(a)adequate knowledge and understanding of the operations and perspectives of rural and metropolitan public health services and hospitals; and

(b)expertise in financial management.

(3) The Public Administration Act 2004(other than Part 5 of that Act) does not apply to a member in respect of the office of member.

(4)Despite the reconstitution of the membership of HPV under section 14 of the Health Legislation (Miscellaneous Amendments) Act 2005—

(a)HPV is deemed to be the same body after as before its reconstitution under that section; and

(b)a person who was a member of HPV immediately before the commencement of that section continues to be a member of HPV subject to and in accordance with this Act.".

______

See:
Act No.
59/1986.
Reprint No. 8
as at
6 December 2004
and amending
Act No.
108/2004.
LawToday:

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gov.au

Part 4—Mental Health Act 1986

15. Involuntary treatment orders

s. 15

In section 9(5)(a) of the Mental Health Act 1986 after "by a" insert "registered medical practitioner employed by an approved mental health service
or a".

16. New sections 12 and 12AA substituted

For sections 12 and 12AA of the Mental Health Act 1986 substitute—

"12.Involuntary treatment orders—persons in the community

(1)This section applies if—

(a)a request and recommendation have been made for a person; and

(b)a registered medical practitioner employed by an approved mental health service or a mental health practitioner has assessed the person in accordance with the request and recommendation.

(2)The practitioner must—

(a)take the person, or arrange for the person to be taken, to an appropriate approved mental health service; or

(b)make an involuntary treatment order for the person.

(3)The practitioner must have regard to the criteria in section 8(1) in deciding what action to take under sub-section (2).

(4)An involuntary treatment order under this section must be in the prescribed form and contain the prescribed particulars.

(5)If the practitioner makes an involuntary treatment order for a person but does not consider that—

(a)the criteria in section 8(1) apply to the person; or

(b)an involuntary treatment order should be made for the person—

the practitioner must notify the authorised psychiatrist of the appropriate approved mental health service as soon as practicable.

(6)At any time after an involuntary treatment order is made for a person under this section, but before the authorised psychiatrist examines the person under section 12AC, a registered medical practitioner employed by an approved mental health service or a mental health practitioner may take the person, or arrange for the person to be taken, to an appropriate approved mental health service if the practitioner considers it necessary to do so.

(7)If a person is taken to an approved mental health service under sub-section (6), the involuntary treatment order is sufficient authority for the detention of the person in the approved mental health service until the authorised psychiatrist examines him or her under section12AC.

12AA.Involuntary treatment orders—persons in approved mental healthservices

s. 16

(1)This section applies if—

(a)a request and recommendation have been made for a person; and

(b)the person has been taken to, or isin, an approved mental health service.

(2)A registered medical practitioner employed by the approved mental health service or a mental health practitioner must make an involuntary treatment order for the person.

(3)An involuntary treatment order under this section must be in the prescribed form and contain the prescribed particulars.

(4) An involuntary treatment order made for a person in accordance with this section is sufficient authority for the detention of the person in an approved mental health service.

(5) A registered medical practitioner employed by the approved mental health service or a mental health practitioner may release a person from detention under sub-section (4) to await the examination by the authorised psychiatrist under section 12ACif the practitioner has—

s. 16

(a)had regard to the criteria in section8(1); and

(b)consulted with the authorised psychiatrist.

(6) If the practitioner makes an involuntary treatment order for a person but does not consider that—

(a)the criteria in section 8(1) apply to the person; or

(b)an involuntary treatment order should be made for the person—

the practitioner must notify the authorised psychiatrist of the appropriate approved mental health service as soon as practicable.

(7) At any time after an involuntary treatment order is made for a person under this section for a person who is not detained in an approved mental health service, but before the authorised psychiatrist examines the person under section 12AC, a registered medical practitioner employed by an approved mental health service or a mental health practitioner may take the person, or arrange for the person to be taken, to an appropriate approved mental health service if the practitioner considers it necessary to do so.

(8) If a person is taken to an approved mental health service under sub-section (7), the involuntary treatment order is sufficient authority for the detention of the person in the approved mental health service until the authorised psychiatrist examines him or her under section12AC.".

17. Consequential amendments

s. 17

In section 12AC of the Mental Health Act 1986for "12AA(5)"substitute "12AA(6)".

18. Treatment plans

For section 19A(6) of the Mental Health Act 1986 substitute—

"(6)The authorised psychiatrist must ensure that—

(a)the patient is given a copy of his or her treatment plan and any revisions to it; and

(b)the treatment plan is discussed with the patient by a registered medical practitioner, the patient's case manager or any member of a prescribedclass of person.".

19.Special leave

s. 19

For section 52(7)(a) of the Mental Health Act 1986 substitute—

"(a)cannot exceed—

(i)7 days in the case of special leave of absence for medical treatment; or

(ii)24 hours in any other case; and".

______

Part 5—Health Practitioner Acts

See:
Act No.
18/2000.
Reprint No. 1
as at
5 August 2004
and amending
Act No.
108/2004.
LawToday:

dpc.vic.
gov.au

Division 1—Chinese Medicine Registration Act 2000

20. New section 50Ainserted

s. 20

(1)After section 50 of the Chinese Medicine Registration Act 2000 insert—

"50A. Agreements to amend, vary or revoke conditions or revoke suspensions

(1)The Board may, if the registered practitionerso agrees—

(a)amend, vary or revoke any condition imposed on the practitioner's registration by the Board without conducting an informal or formal hearing; or

(b)revoke a suspension of the practitioner's registration and impose a condition on the registration; or

(c)revoke a suspension of the practitioner's registration if the practitioner satisfies the Board that his or her ability to practise is no longer affected.

(2)If the Board and the registered practitioner fail to agree under sub-section (1), the Board may refer the matter to a formal hearing.".

(2)Section 35 of the Chinese Medicine Registration Act 2000isrepealed.

21. Claims as to registration

s. 21

In section 61(11) of the Chinese Medicine Registration Act 2000—

(a) omit "as in force at the commencement of section 111";

(b)for "by the Board established under that Act" substitute"under the section of the relevant Act specified in the Schedule".

22. Chinese Medicine Registration Board

After section 70(3) of the Chinese Medicine Registration Act 2000insert—

"(4)Despite sub-section (1) and anything to the contrary in the member's instrument of appointment, a member may, with the consent of the Minister, continue to hold office at the end of his or her appointment for a period not exceeding 3 months to enable the vacancy in the member's office to be filled.".

23. New Schedule substituted

For the Schedule to the Chinese Medicine Registration Act 2000substitute—

"SCHEDULE

1.Chiropractors Registration Act 1996, section 7A

2.Dental Practice Act 1999, section 8A

3.Medical Practice Act 1994, section 9B

4.Nurses Act 1993 , section 8A

5.Optometrists Registration Act 1996 , section 8A

6.Osteopaths Registration Act 1996, section 7A

7.Pharmacy Practice Act 2004, section 11

8.Physiotherapists Registration Act 1998,section 7A.".

See:
Act No.
63/1996.
Reprint No. 1
as at14October 1999 and amending
Act Nos 18/2000, 2/2001, 98/2003 and
108/2004.
LawToday:

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Division 2—Chiropractors Registration Act 1996

24.Registration

s. 24

(1)In section 3 of the Chiropractors Registration Act 1996 insert the following definition—

' "professional indemnity insurance" includes insurance against civil liability in connection with the provision of chiropractic services by a registered chiropractor and an agreement or arrangement for discretionary indemnity in respect of that liability;'.

(2)After section 6(2)(g) of the Chiropractors Registration Act 1996insert—

"(ga) that, in the opinion of the Board, the chiropractor does not have adequate arrangements for professional indemnity insurance that meet the minimum terms and conditions set out in the guidelines of the Board;".

(3)After section 6(3) of the Chiropractors Registration Act 1996insert—

"(3A) Without limiting the Board's powers under sub-section (3), it may impose a condition—

(a)that—

(i)the chiropractor must hold professional indemnity insurance; or

(ii)the chiropractic services provided by the chiropractor must be covered by professional indemnity insurance; or

(iii)the chiropractor must be specified or referred to in professional indemnity insurance, whether by name or otherwise, as a person to whom the professional indemnity insurance extends even though the chiropractor is not a party to the professional indemnity insurance; and

(b)that the professional indemnity insurance must meet the minimum terms and conditions set out in the guidelines of the Board.

(3B) If the applicant's arrangements satisfy the minimum terms and conditions set out in the guidelines of the Board, the Board must not—

s. 24

(a)refuse to grant registration on the basis that the chiropractor 's arrangements for professional indemnity insurance are in the form of insurance or a discretionary indemnity; or