Cross-border Justice Amendment Regulations 2018 (WA)

9 March 2018 GOVERNMENT GAZETTE, WA 801

JU301

Cross-border Justice Act 2008

Cross-border Justice Amendment

Regulations 2018

Made by the Governor in Executive Council.

1.   Citation

These regulations are the Cross-border Justice Amendment
Regulations 2018.

2.   Commencement

These regulations come into operation as follows —

(a)	regulations 1 and 2— on the day on which these regulations are published in the Gazette;
(b)	the rest of the regulations — on the day after that day.

3. Regulations amended

These regulations amend the Cross-border Justice

Regulations 2009.

4. Regulation 10 amended

(1) In regulation 10(2) in the insertion delete paragraph (ba) and
insert:

(ba) IM that the accused be examined by a medical

practitioner or authorised health professional under
the Mental Health Act 2009 (South Australia) for
the purpose of deciding whether to make an order
under section 10(1) or 21(1) of that Act and that Act

applies accordingly;

(2) In regulation 10(5) in the insertion delete the definition of
medical practitioner and insert:

medical practitioner "'A means a person registered under the
Health Practitioner Regulation National Law (Western
Australia), the Health Practitioner Regulation National Law
(South Australia) or the Health Practitioner Regulation
National Law (NT) in the medical profession;

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(3)	In regulation 10(5) in the insertion clause (7) in the definition of
authorised hospital paragraph (b) delete "Mental Health Act 1993
(South Australia) section 3; or" and insert:
Menial Health Act 2009 (South Australia) section 3(1); or
(4)	In regulation 10(5) in the insertion clause (7) in the definition of
psychiatrist delete paragraph (b) and insert:

(b) a psychiatrist as defined in the Menial Health

Act 2009 (South Australia) section 3(1); or

5.            Regulation 24 amended

(1)	In regulation 24(2) in the insertion delete the definitions of.-	f:
dentist	dentist
doctor nurse

(2) In regulation 24(2) in the insertion insert in alphabetical order:

dentist IM means a person registered under the Health

Practitioner Regulation National Law (Western
Australia), the Health Practitioner Regulation National
Law (South Australia) or the Health Practitioner
Regulation National Law (NT) in the dental profession

whose name is entered on the Dentists Division of the Register of Dental Practitioners kept under that Law;

doctor IM means a person registered under the Health

Practitioner Regulation National Law (Western
Australia), the Health Practitioner Regulation National
Law (South Australia) or the Health Practitioner

Regulation National Law (NT) in the medical

profession;

nurse 1M means a person registered under the Health

Practitioner Regulation National Law (Western
Australia), the Health Practitioner Regulation National
Law (South Australia) or the Health Practitioner

Regulation National Law (NT) in the nursing and

midwifery profession whose name is entered on the
Register of Nurses kept under that Law;

6.           Regulation 33 amended

(1)	In regulation 33 in the insertion in section 52 delete the definitions of:
dentist doctor nurse

9 March 2018 GOVERNMENT GAZETTE, WA 803

(2) In regulation 33 in the insertion insert in alphabetical order:

dentist IM means a person registered under the Health

Practitioner Regulation National Law (Western
whose name is entered on the Dentists Division of the Register of Dental Practitioners kept under that Law; doctor IM means a person registered under the Health
Australia), the Health Practitioner Regulation National
Law (South Australia) or the Health Practitioner

Practitioner Regulation National Law (Western
Australia), the Health Practitioner Regulation National
Law (South Australia) or the Health Practitioner
Regulation National Law (NT) in the medical
profession;

nurse 1M means a person registered under the Health

Practitioner Regulation National Law (Western
Australia), the Health Practitioner Regulation National
Law (South Australia) or the Health Practitioner
Regulation National Law (NT) in the nursing and
midwifery profession whose name is entered on the
Register of Nurses kept under that Law;

7.           Regulation 35 amended

(1)	In regulation 35(2) in the insertion in the definition of authorised hospital paragraph (a) delete "Mental Health Act 1993 (South Australia) section 3; and" and insert:
Mental Health Act 2009 (South Australia) section 3(1); and
(2)	In regulation 35(2) in the insertion in the definition of
involuntary patient delete paragraph (b) and insert: (b) includes a person who is the subject of an inpatient treatment order made under the Mental Health Act 2009 (South Australia)

Part 5; and

(3)	In regulation 35(2) in the insertion in the definition of mental health laws paragraph (b) delete "Mental Health Act 1993 (South Australia); or" and insert:
Mental Health Act 2009 (South Australia); or

804 GOVERNMENT GAZETTE, WA 9 March 2018

(4) In regulation 35(2) in the insertion in the definition of
psychiatrist delete paragraph (b)(i) and insert:

(i) a psychiatrist as defined in the Mental
Health Act 2009 (South Australia)
section 3(1); and

8.            Regulation 37 amended

In regulation 37 in the insertion subsection (4)(b) delete "Mental
Health Act 1993 (South Australia) section 12(1)" and insert:

Mental Health Act 2009 (South Australia) section 21(1)

9.            Regulation 39 amended

In regulation 39(2) in the insertion in the definition of
authorised hospital paragraph (b) delete "Mental Health
Act 1993 (South Australia) section 3; or" and insert:

Mental Health Act 2009 (South Australia) section 3(1); or

10.          Regulation 40 amended

(1) In regulation 40(2) in the insertion delete subsection (2A)(a) and
insert:

(a) if that other jurisdiction is South Australia - the Chief Psychiatrist as defined in the Mental Health Act 2009 (South Australia) section 3(1);

or

(2) In regulation 40(3) in the insertion delete subsection (3A)(a) and
insert:

(a) if that other jurisdiction is South Australia - the Chief Psychiatrist as defined in the Mental Health Act 2009 (South Australia) section 3(1);

or

9 March 2018 GOVERNMENT GAZETTE, WA 805

11.          Regulation 41 amended

In regulation 41(2) in the insertion delete subsection (2)(a) and insert:

(a) if that other jurisdiction is South Australia - the Chief Psychiatrist as defined in the Mental Health Act 2009 (South Australia) section 3(1);

or

12.          Regulation 42 amended

In regulation 42(2) in the insertion delete subsection (5)(a) and insert:

(a) if that other jurisdiction is South Australia - the Chief Psychiatrist as defined in the Mental Health Act 2009 (South Australia) section 3(1);

or

13.          Regulation 43 amended

In regulation 43 in the insertion in the definition of prisons laws delete paragraph (c) and insert:

(c) if the jurisdiction is the Northern Territory
the Correctional Services Act (Northern
Territory).

14.          Regulation 44 amended

In regulation 44(2) in the insertion delete subsection (5A)(a) and insert:

(a)	if that other jurisdiction is South Australia - the Chief Psychiatrist as defined in the Mental Health Act 2009 (South Australia) section 3(1);
or

15.          Regulation 58 amended

In regulation 58 in the insertion in clause 10(2) after
"participating jurisdiction" insert:

(or, in the case of the Northern Territory, a judge of the Local Court)

806 GOVERNMENT GAZETTE, WA 9 March 2018

16.          Regulation 78 amended

In regulation 78 in the insertion in section 72AA(2)(b) delete
"the Clerk" and insert:

the Principal Registrar

17.          Regulation 88 replaced

Delete regulation 88 and insert:

88.         Section 65 altered

(1)	In section 65 delete the definitions of:
dentist medical practitioner nurse practitioner registered nurse
(2)	In section 65 insert in alphabetical order:
dentist IM -

(a)	means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the dental profession whose name is entered on the Dentists Division of the Register of Dental Practitioners kept under that Law; and
(b)	except in sections 63(7)(a)(i) and (ii) and 64AB(8)(a)(i) and (ii), includes a person registered under the Health Practitioner Regulation National Law (South Australia) or

the Health Practitioner Regulation National

Law (NT) in the dental profession whose name
is entered on the Dentists Division of the
Register of Dental Practitioners kept under that
Law;

medical practitioner IM -

(a)	means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the medical profession; and
(b)	except in sections 63(7)(a)(i) and (ii) and 64AB(8)(a)(i) and (ii), includes a person registered under the Health Practitioner Regulation National Law (South Australia) or
the Health Practitioner Regulation National Law (NT) in the medical profession;

9 March 2018 GOVERNMENT GAZETTE, WA 807

nurse practitioner 1M -

(a)	means a person registered under the Health Practitioner Regulation National Law (Western Australia) whose name is entered on the Register of Nurses kept under that Law as being qualified to practise as a nurse practitioner; and
(b)	except in sections 63(7)(a)(i) and (ii) and 64AB(8)(a)(i) and (ii), includes a person registered under the Health Practitioner Regulation National Law (South Australia) or the Health Practitioner Regulation National Law (NT) whose name is entered on the Register of Nurses kept under that Law as being qualified to practise as a nurse practitioner;
the Health Practitioner Regulation National Law (Western Australia), the Health Practitioner	registered nurse im means a person registered under Health Practitioner Regulation National Law (NT) in the nursing and midwifery profession whose name is entered on the Register of Nurses kept under that Law;

18.   Regulation 107 amended

In regulation 107 in the insertion in section 98AA(1) in the definition of community corrections officer delete paragraph (b) and insert:

(b)	if the jurisdiction is the Northern Territory - a probation and parole officer as defined in the
Correctional Services Act (Northern Territory).

19.   Regulation 133 amended

In regulation 133 in the insertion in subsection (1A) in the definition of prison laws delete paragraph (c) and insert:

(c) if the jurisdiction is the Northern Territory -
the Correctional Services Act (Northern
Territory).

R. NEILSON, Clerk of the Executive Council.