Drugs, Poisons and Controlled Substances Amendment (Aboriginal and Torres Strait Islander Health Practitioner and Worker) Regulations 2025 (Vic)
Drugs, Poisons and Controlled Substances Amendment (Aboriginal and Torres Strait Islander Health Practitioner and Worker) Regulations 2025
S.R. No. 124/2025
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provisions
3Principal Regulations
4Definitions
5Persons authorised to possess Schedule 4, 8 and 9 poisons
6New regulation 8B inserted
7Heading to Part 4 of Chapter 2 amended
8Heading to Division 1 of Part 4 of Chapter 2 revoked
9New Part heading inserted and heading to Division 2 of Part 4 of Chapter 2 substituted
10New Division 2 of Part 4A of Chapter 2 inserted
11New regulations 42A to 42C inserted
12Notification of fraudulent obtaining of poison
13Supplementary labelling requirements
14General security requirement—Schedule 4 poisons
15Storage of Schedule 8 and 9 poisons and drugs of dependence
16Authorising administration of Schedule 4, 8 or 9 poison—registered medical practitioner
17Authorising administration of Schedule 4, 8 or 9 poison—dentist
18Authorising administration of Schedule 4 or 8 poison—nurse practitioner
19Authorising administration of Schedule 4 or 8 poison—authorised midwife
20Authorising administration of Schedule 4 poison—authorised optometrist
21Authorising administration of Schedule 4 poison—authorised podiatrist
22Regulation 84 substituted and new regulation 84A inserted
23Regulation 85 substituted and new regulation 85A inserted
24Regulation 86 substituted and new regulation 86A inserted
25Administration of Schedule 4 poison—nurse or registered midwife
26Administration of Schedule 8 poison—nurse or registered midwife
27Administration of Schedule 9 poison—nurse or registered midwife
28New regulations 98C and 98D inserted
29Administration of Schedule 4 poison by pharmacist
30Administration of Schedule 8 poison by pharmacist
31Administration of Schedule 9 poison by pharmacist
32Part not to apply to pharmacists and other practitioners
33Person must not administer Schedule 4, 8 or 9 poison to another person except as specified
34Person must not self-administer Schedule 4, 8 or 9 poison except as specified
35Persons required to keep records
36Details to be contained in records
37Exceptions
38Dealing with substance—registered medical practitioner
39Effect of direction given to nurse practitioner
40Disclosure of drug use within previous 8 weeks required
41New regulations 133CA to 133CD inserted
42New regulations 133I and 133J inserted
43Restrictions on dealing with Schedule 3 poison—registered medical practitioner
44Restrictions on dealing with Schedule 3 poison—dentist
45Restrictions on dealing with Schedule 3 poison—nurse practitioner
46Restrictions on dealing with Schedule 3 poison—authorised midwife
47Restrictions on dealing with Schedule 3 poison—authorised optometrist
48Restrictions on dealing with Schedule 3 poison—authorised podiatrist
49New regulations 141A and 141B inserted
50Requirements to supply—delivery, supervision and directions for use
51Requirements to supply—label identifying supplier
52Notification of fraudulent obtaining of order or prescription
53Regulation 152 amended
54Secretary may approve Schedule 4 poisons for possession by certain persons
55Secretary may approve Schedule 3 poisons for obtaining, possession, sale, supply or administration of approved registered nurses or approved registered midwifes
56New regulations 161F to 161J inserted
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Endnotes
STATUTORY RULES 2025
S.R. No. 124/2025
Drugs, Poisons and Controlled Substances Act 1981
Drugs, Poisons and Controlled Substances Amendment (Aboriginal and Torres Strait Islander Health Practitioner and Worker) Regulations 2025
The Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, makes the following Regulations:
Dated: 25 November 2025
Responsible Minister:
MARY-ANNE THOMAS
Minister for HealthANGELA SMITH
Clerk of the Executive Council
1Objective
The objective of these Regulations is to amend the Drugs, Poisons and Controlled Substances Regulations 2017—
(a)to enable registered Aboriginal and Torres Strait Islander health practitioners to obtain, possess, supply and administer Schedule 2, 3, 4 and 8 poisons under instruction; and
(b)to enable Aboriginal and Torres Strait Islander health workers to obtain, possess and administer Schedule 2 and 3 poisons under instruction.
2Authorising provisions
These Regulations are made under sections 129 and 132 of the Drugs, Poisons and Controlled Substances Act 1981.
3Principal Regulations
In these Regulations, the Drugs, Poisons and Controlled Substances Regulations 2017[1] are called the Principal Regulations.
4Definitions
In regulation 5(1) of the Principal Regulations insert the following definitions—
"Aboriginal and Torres Strait Islander health practitioner administration instruction means an instruction that authorises a registered Aboriginal and Torres Strait Islander health practitioner to administer a Schedule 2 poison, Schedule 3 poison, Schedule 4 poison or Schedule 8 poison specified in the instruction to a person specified in the instruction;
Aboriginal and Torres Strait Islander health practitioner supply instruction means an instruction that authorises a registered Aboriginal and Torres Strait Islander health practitioner to supply a Schedule 2 poison, Schedule 3 poison, Schedule 4 poison or Schedule 8 poison specified in the instruction to a person specified in the instruction;
Aboriginal and Torres Strait Islander health worker means a person who is not registered to practise in a health profession under the Health Practitioner Regulation National Law but who holds a VET qualification within the meaning of the National Vocational Education and Training Regulator Act 2011 of the Commonwealth for one of the following VET courses accredited under that Act—
(a)Certificate III in Aboriginal and/or Torres Strait Islander Primary Health Care;
(b)Certificate IV in Aboriginal and/or Torres Strait Islander Primary Health Care Practice;
(c)Certificate IV in Aboriginal and/or Torres Strait Islander Primary Health Care;
(d)a VET course that is equivalent to a course referred to in paragraph (a), (b) or (c);
Aboriginal and Torres Strait Islander health worker administration instruction means an instruction that authorises an Aboriginal and Torres Strait Islander health worker to administer a Schedule 2 poison or Schedule 3 poison specified in the instruction to a person specified in the instruction;".
5Persons authorised to possess Schedule 4, 8 and 9 poisons
(1)In item 5 of the Table to regulation 7(1) of the Principal Regulations, for "podiatrist or pharmacist" substitute "podiatrist, pharmacist or registered Aboriginal and Torres Strait Islander health practitioner".
(2)In item 6 of the Table to regulation 7(1) of the Principal Regulations, for "midwife or pharmacist" substitute "midwife, pharmacist or registered Aboriginal and Torres Strait Islander health practitioner".
(3)Item 26 of the Table to regulation 7(1) of the Principal Regulations is revoked.
6New regulation 8B inserted
After regulation 8A of the Principal Regulations insert—
"8B Possession of Schedule 4 and 8 poisons by a registered Aboriginal and Torres Strait Islander health practitioner
(1)A registered Aboriginal and Torres Strait Islander health practitioner is authorised to obtain and possess a Schedule 4 poison in accordance with an approval under regulation 161F for the purpose of—
(a)supply in accordance with an Aboriginal and Torres Strait Islander health practitioner supply instruction given by—
(i)a registered medical practitioner; or
(ii)a dentist; or
(iii)a nurse practitioner; or
(iv)an authorised midwife; or
(v)an authorised optometrist; or
(vi)an authorised podiatrist; or
(b)administration in accordance with an Aboriginal and Torres Strait Islander health practitioner administration instruction given by—
(i)a registered medical practitioner; or
(ii)a dentist; or
(iii)a nurse practitioner; or
(iv)an authorised midwife; or
(v)an authorised optometrist; or
(vi)an authorised podiatrist.
(2)A registered Aboriginal and Torres Strait Islander health practitioner is authorised to obtain and possess a Schedule 8 poison in accordance with an approval under regulation 161F for the purpose of—
(a)supply in accordance with an Aboriginal and Torres Strait Islander health practitioner supply instruction given by—
(i)a registered medical practitioner; or
(ii)a dentist; or
(iii)a nurse practitioner; or
(iv)an authorised midwife; or
(b)administration in accordance with an Aboriginal and Torres Strait Islander health practitioner administration instruction given by—
(i)a registered medical practitioner; or
(ii)a dentist; or
(iii)a nurse practitioner; or
(iv)an authorised midwife.".
7Heading to Part 4 of Chapter 2 amended
In the heading to Part 4 of Chapter 2 of the Principal Regulations omit "and chart instructions".
8Heading to Division 1 of Part 4 of Chapter 2 revoked
The heading to Division 1 of Part 4 of Chapter 2 of the Principal Regulations is revoked.
9New Part heading inserted and heading to Division 2 of Part 4 of Chapter 2 substituted
For the heading to Division 2 of Part 4 of the Principal Regulations substitute—
"PART 4A—CHART INSTRUCTIONS AND ABORIGINAL AND TORRES STRAIT ISLANDER HEALTH PRACTITIONER SUPPLY INSTRUCTIONS
Division 1—Chart instructions".
10New Division 2 of Part 4A of Chapter 2 inserted
After regulation 35 of the Principal Regulations insert—
"Division 2—Aboriginal and Torres Strait Islander health practitioner supply instructions
35AAPersons authorised to give Aboriginal and Torres Strait Islander health practitioner supply instruction
(1)A person other than a registered medical practitioner, a dentist, a nurse practitioner, an authorised midwife, an authorised optometrist or an authorised podiatrist must not give an Aboriginal and Torres Strait Islander health practitioner supply instruction for a Schedule 4 poison.
Penalty:100 penalty units.
(2)A person other than a registered medical practitioner, a dentist, a nurse practitioner or an authorised midwife must not give an Aboriginal and Torres Strait Islander health practitioner supply instruction for a Schedule 8 poison.
Penalty:100 penalty units.
35ABAboriginal and Torres Strait Islander health practitioner supply instruction for Schedule 4 or 8 poison—registered medical practitioner
A registered medical practitioner must not give an Aboriginal and Torres Strait Islander health practitioner supply instruction for a Schedule 4 poison or Schedule 8 poison unless—
(a)the supply instruction is for the medical treatment of a person other than the practitioner; and
(b)that person is—
(i)under the practitioner's care; and
(ii)specified in the supply instruction; and
(c)the practitioner has taken all reasonable steps to ensure a therapeutic need exists for that poison; and
(d)the supply instruction is given not merely for the purpose of supporting the drug dependence of a person; and
(e)if the poison is a drug of dependence or a Schedule 8 poison, the practitioner has taken all reasonable steps to ascertain the identity of the person for whose treatment the supply instruction is given; and
(f)in the case of a Schedule 8 poison, if, under regulation 10, a special Schedule 8 permit is required, the practitioner holds a special Schedule 8 permit that authorises the giving of the supply instruction; and
(g)the Secretary has approved the poison under regulation 161F.
Penalty:100 penalty units.
35ACAboriginal and Torres Strait Islander health practitioner supply instruction for Schedule 4 or 8 poison—dentist
A dentist must not give an Aboriginal and Torres Strait Islander health practitioner supply instruction for a Schedule 4 poison or Schedule 8 poison unless—
(a)the supply instruction is for the dental treatment of a person other than the dentist; and
(b)that person is—
(i)under the dentist's care; and
(ii)specified in the supply instruction; and
(c)the dentist has taken all reasonable steps to ensure a therapeutic need exists for that poison; and
(d)the supply instruction is given not merely for the purpose of supporting the drug dependence of a person; and
(e)the supply instruction provides only for a single supply of the poison; and
(f)if the poison is a drug of dependence or a Schedule 8 poison, the dentist has taken all reasonable steps to ascertain the identity of the person for whose treatment the supply instruction is given; and
(g)the Secretary has approved the poison under regulation 161F.
Penalty:100 penalty units.
35ADAboriginal and Torres Strait Islander health practitioner supply instruction for Schedule 4 or 8 poison—nurse practitioner
A nurse practitioner must not give an Aboriginal and Torres Strait Islander health practitioner supply instruction for a Schedule 4 poison or Schedule 8 poison unless—
(a)the supply instruction is for the treatment of a person other than the nurse practitioner; and
(b)that person is—
(i)under the nurse practitioner's care; and
(ii)specified in the supply instruction; and
(c)the nurse practitioner has taken all reasonable steps to ensure a therapeutic need exists for that poison; and
(d)the supply instruction is given not merely for the purpose of supporting the drug dependence of a person; and
(e)if the poison is a drug of dependence or a Schedule 8 poison, the nurse practitioner has taken all reasonable steps to ascertain the identity of the person for whose treatment the supply instruction is given; and
(f)in the case of a Schedule 8 poison, if, under regulation 10, a special Schedule 8 permit is required, the nurse practitioner holds a special Schedule 8 permit that authorises the giving of the supply instruction; and
(g)the Secretary has approved the poison under regulation 161F.
Penalty:100 penalty units.
35AEAboriginal and Torres Strait Islander health practitioner supply instruction for Schedule 4 or 8 poison—authorised midwife
An authorised midwife must not give an Aboriginal and Torres Strait Islander health practitioner supply instruction for a Schedule 4 poison or Schedule 8 poison unless—
(a)the supply instruction is for the midwifery treatment of a person other than the midwife; and
(b)that person is—
(i)under the midwife's care; and
(ii)specified in the supply instruction; and
(c)the midwife has taken all reasonable steps to ensure a therapeutic need exists for that poison; and
(d)the supply instruction is given not merely for the purpose of supporting the drug dependence of a person; and
(e)if the poison is a drug of dependence or a Schedule 8 poison, the midwife has taken all reasonable steps to ascertain the identity of the person for whose treatment the supply instruction is given; and
(f)the Secretary has approved the poison under regulation 161F.
Penalty:100 penalty units.
35AFAboriginal and Torres Strait Islander health practitioner supply instruction for Schedule 4 poison—authorised optometrist
An authorised optometrist must not give an Aboriginal and Torres Strait Islander health practitioner supply instruction for a Schedule 4 poison unless—
(a)the supply instruction is for the ocular treatment of a person other than the optometrist; and
(b)that person is—
(i)under the optometrist's care; and
(ii)specified in the supply instruction; and
(c)the optometrist has taken all reasonable steps to ensure a therapeutic need exists for that poison; and
(d)the supply instruction is given not merely for the purpose of supporting the drug dependence of a person; and
(e)if the poison is a drug of dependence, the optometrist has taken all reasonable steps to ascertain the identity of the person for whose treatment the supply instruction is given; and
(f)the Secretary has approved the poison under regulation 161F.
Penalty:100 penalty units.
35AGAboriginal and Torres Strait Islander health practitioner supply instruction for Schedule 4 poison—authorised podiatrist
An authorised podiatrist must not give an Aboriginal and Torres Strait Islander health practitioner supply instruction for a Schedule 4 poison unless—
(a)the supply instruction is for the podiatric treatment of a person other than the podiatrist; and
(b)that person is—
(i)under the podiatrist's care; and
(ii)specified in the supply instruction; and
(c)the podiatrist has taken all reasonable steps to ensure a therapeutic need exists for that poison; and
(d)the supply instruction is given not merely for the purpose of supporting the drug dependence of a person; and
(e)if the poison is a drug of dependence, the podiatrist has taken all reasonable steps to ascertain the identity of the person for whose treatment the supply instruction is given; and
(f)the Secretary has approved the poison under regulation 161F.
Penalty:100 penalty units.
35AHGiving a written Aboriginal and Torres Strait Islander health practitioner supply instruction
(1)An instructing practitioner who gives an Aboriginal and Torres Strait Islander health practitioner supply instruction for a Schedule 4 poison or Schedule 8 poison, other than in the circumstances described in regulation 35AI(1), must give that supply instruction in writing.
Penalty:50 penalty units.
(2)An instructing practitioner who gives a written Aboriginal and Torres Strait Islander health practitioner supply instruction for a Schedule 4 poison or Schedule 8 poison must ensure that the supply instruction is in a legible and durable form.
Penalty:50 penalty units.
(3)An instructing practitioner who gives a written Aboriginal and Torres Strait Islander health practitioner supply instruction for a Schedule 4 poison or Schedule 8 poison must sign the supply instruction.
Penalty:50 penalty units.
(4)An instructing practitioner who gives a written Aboriginal and Torres Strait Islander health practitioner supply instruction for a Schedule 4 poison or Schedule 8 poison must ensure that the supply instruction specifies the following information—
(a)the instructing practitioner's name, address and telephone number;
(b)the name and address of the person to whom the poison is to be supplied;
(c)if the supply instruction is for a Schedule 8 poison, the date of birth of the person to whom the poison is to be supplied;
(d)the date on which the supply instruction is given;
(e)full particulars of the poison to be supplied;
(f)a statement of the quantity to be supplied, which must be written in both words and figures if the supply instruction is for a Schedule 8 poison;
(g)directions for the precise dose or use and frequency of administration except in cases where—
(i)because of the complexity of the dosage regimen or use, it is impracticable to do so and the instructing practitioner has separately supplied the patient with written instruction; or
(ii)a variable dosage regimen is directed and a statement specifying a maximum dose and frequency of administration is included; or
(iii)the administration of the poison is to be carried out by a registered medical practitioner, a pharmacist, a dentist, an authorised optometrist, an authorised podiatrist, a nurse or a registered midwife;
(h)if the supply instruction is for a Schedule 8 poison which may be supplied only once, a statement, using words and not just figures, that there is to be no repeat supply;
(i)if the poison may be supplied more than once, a statement in both words and figures of the maximum number of times the poison may be supplied.
Penalty:50 penalty units.
(5)In this regulation—
instructing practitioner means—
(a)a registered medical practitioner; or
(b)a dentist; or
(c)a nurse practitioner; or
(d)an authorised midwife; or
(e)an authorised optometrist; or
(f)an authorised podiatrist.
35AIGiving a verbal Aboriginal and Torres Strait Islander health practitioner supply instruction in an emergency
(1)An instructing practitioner who gives an Aboriginal and Torres Strait Islander health practitioner supply instruction for a Schedule 4 poison or Schedule 8 poison may give that supply instruction verbally if, in the opinion of the instructing practitioner, an emergency exists.
(2)Within 72 hours after an instructing practitioner gives a verbal Aboriginal and Torres Strait Islander health practitioner supply instruction for a Schedule 4 poison or Schedule 8 poison, the instructing practitioner must—
(a)give a written Aboriginal and Torres Strait Islander health practitioner supply instruction that confirms the verbal instruction; and
(b)include that written confirmation, or provide it for inclusion, in the treatment records of the person for whose treatment the supply instruction is given.
Penalty:50 penalty units.
(3)In this regulation—
instructing practitioner means—
(a)a registered medical practitioner; or
(b)a dentist; or
(c)a nurse practitioner; or
(d)an authorised midwife; or
(e)an authorised optometrist; or
(f)an authorised podiatrist.".
11New regulations 42A to 42C inserted
After regulation 42 of the Principal Regulations insert—
"42A Supply of Schedule 4 poison—registered Aboriginal and Torres Strait Islander health practitioner
(1)A registered Aboriginal and Torres Strait Islander health practitioner must not sell or supply a Schedule 4 poison other than in accordance with subregulation (2).
Penalty:100 penalty units.
(2)A registered Aboriginal and Torres Strait Islander health practitioner may supply a Schedule 4 poison to a person specified in an Aboriginal and Torres Strait Islander health practitioner supply instruction that is given by a registered medical practitioner, a dentist, a nurse practitioner, an authorised midwife, an authorised optometrist or an authorised podiatrist if—
(a)the supply is in accordance with—
(i)that supply instruction; and
(ii)the conditions (if any) specified in the Secretary's approval of the poison under regulation 161F; and
(b)the supply is within 12 months after the supply instruction is given.
42BSupply of Schedule 8 poison—registered Aboriginal and Torres Strait Islander health practitioner
(1)A registered Aboriginal and Torres Strait Islander health practitioner must not sell or supply a Schedule 8 poison other than in accordance with subregulation (2).
Penalty:100 penalty units.
(2)A registered Aboriginal and Torres Strait Islander health practitioner may supply a Schedule 8 poison to a person specified in an Aboriginal and Torres Strait Islander health practitioner supply instruction that is given by a registered medical practitioner, a dentist, a nurse practitioner or an authorised midwife if—
(a)the supply is in accordance with—
(i)that supply instruction; and
(ii)the conditions (if any) specified in the Secretary's approval of the poison under regulation 161F; and
(b)the supply is within 6 months after the supply instruction is given.
42CRestrictions on registered Aboriginal and Torres Strait Islander health practitioner supplying Schedule 4 or 8 poison
(1)A registered Aboriginal and Torres Strait Islander health practitioner must not supply a Schedule 4 poison or Schedule 8 poison on an Aboriginal and Torres Strait Islander health practitioner supply instruction if the practitioner has reason to believe that the supply instruction—
(a)has been forged or is fraudulent in any way; or
(b)has been altered in any way other than by, or on the instruction of, the instructing practitioner who gave the supply instruction.
Penalty:50 penalty units.
(2)A registered Aboriginal and Torres Strait Islander health practitioner must not supply a Schedule 4 poison or Schedule 8 poison on an Aboriginal and Torres Strait Islander health practitioner supply instruction if the supply instruction is—
(a)illegible or defaced; or
(b)not written in a durable form.
Penalty:50 penalty units.
(3)A registered Aboriginal and Torres Strait Islander health practitioner who supplies a Schedule 4 poison or Schedule 8 poison on an Aboriginal and Torres Strait Islander health practitioner supply instruction must ensure that the supply instruction is marked durably in a way that indicates—
(a)that the poison has been supplied; and
(b)the date of the making of a record of the supply as required by Part 13; and
(c)the premises from which the poison was supplied.
Penalty:50 penalty units.
(4)In this regulation—
instructing practitioner means—
(a)a registered medical practitioner; or
(b)a dentist; or
(c)a nurse practitioner; or
(d)an authorised midwife; or
(e)an authorised optometrist; or
(f)an authorised podiatrist.".
12Notification of fraudulent obtaining of poison
After regulation 44(5) of the Principal Regulations insert—
"(6)A registered Aboriginal and Torres Strait Islander health practitioner who suspects or has reason to believe that a person has obtained from the practitioner by means of a false pretence a Schedule 8 poison or Schedule 4 poison must immediately inform the Secretary and a police officer of that suspicion or belief.
Penalty:50 penalty units.".
13Supplementary labelling requirements
In regulation 72(c)(iii) of the Principal Regulations, for "nurse or registered midwife" substitute "nurse, registered midwife or registered Aboriginal and Torres Strait Islander health practitioner".
14General security requirement—Schedule 4 poisons
(1)In regulation 73(1)(d) of the Principal Regulations, for "poison." substitute "poison; and".
(2)After regulation 73(1)(d) of the Principal Regulations insert—
"(e)a registered Aboriginal and Torres Strait Islander health practitioner authorised under regulation 8B(1) to be in possession of a Schedule 4 poison.".
(3)In regulation 73(3)(b)(xiii) of the Principal Regulations, for "pharmacist." substitute "pharmacist;".
(4)After regulation 73(3)(b)(xiii) of the Principal Regulations insert—
"(xiv)a registered Aboriginal and Torres Strait Islander health practitioner.".
(5)In regulation 73(4)(c)(xi) of the Principal Regulations, for "podiatrist." substitute "podiatrist;".
(6)After regulation 73(4)(c)(xi) of the Principal Regulations insert—
"(xii)a registered Aboriginal and Torres Strait Islander health practitioner.".
15Storage of Schedule 8 and 9 poisons and drugs of dependence
(1)In regulation 74(1)(d) of the Principal Regulations, for "poison." substitute "poison; and".
(2)After regulation 74(1)(d) of the Principal Regulations insert—
"(e)a registered Aboriginal and Torres Strait Islander health practitioner who is authorised under regulation 8B(2) to be in possession of a Schedule 8 poison.".
16Authorising administration of Schedule 4, 8 or 9 poison—registered medical practitioner
(1)In regulation 78(g) of the Principal Regulations, for "poison." substitute "poison; and".
(2)After regulation 78(g) of the Principal Regulations insert—
"(h)in the case of an Aboriginal and Torres Strait Islander health practitioner administration instruction for a Schedule 4 poison or Schedule 8 poison, the Secretary has approved the poison under regulation 161F.".
17Authorising administration of Schedule 4, 8 or 9 poison—dentist
(1)In regulation 79(2)(f) of the Principal Regulations, for "authorisation." substitute "authorisation; and".
(2)After regulation 79(2)(f) of the Principal Regulations insert—
"(g)in the case of an Aboriginal and Torres Strait Islander health practitioner administration instruction for a Schedule 4 poison or Schedule 8 poison, the Secretary has approved the poison under regulation 161F.".
18Authorising administration of Schedule 4 or 8 poison—nurse practitioner
(1)In regulation 80(f) of the Principal Regulations, for "authorisation." substitute "authorisation; and".
(2)After regulation 80(f) of the Principal Regulations insert—
"(g)in the case of an Aboriginal and Torres Strait Islander health practitioner administration instruction for a Schedule 4 poison or Schedule 8 poison, the Secretary has approved the poison under regulation 161F.".
19Authorising administration of Schedule 4 or 8 poison—authorised midwife
(1)In regulation 81(e) of the Principal Regulations, for "administered." substitute "administered; and".
(2)After regulation 81(e) of the Principal Regulations insert—
"(f)in the case of an Aboriginal and Torres Strait Islander health practitioner administration instruction for a Schedule 4 poison or Schedule 8 poison, the Secretary has approved the poison under regulation 161F.".
20Authorising administration of Schedule 4 poison—authorised optometrist
(1)In regulation 82(e) of the Principal Regulations, for "administered." substitute "administered; and".
(2)After regulation 82(e) of the Principal Regulations insert—
"(f)in the case of an Aboriginal and Torres Strait Islander health practitioner administration instruction for a Schedule 4 poison, the Secretary has approved the poison under regulation 161F.".
21Authorising administration of Schedule 4 poison—authorised podiatrist
(1)In regulation 83(e) of the Principal Regulations, for "administered." substitute "administered; and".
(2)After regulation 83(e) of the Principal Regulations insert—
"(f)in the case of an Aboriginal and Torres Strait Islander health practitioner administration instruction for a Schedule 4 poison, the Secretary has approved the poison under regulation 161F.".
22Regulation 84 substituted and new regulation 84A inserted
For regulation 84 of the Principal Regulations substitute—
"84 How registered medical practitioner or dentist must authorise administration of Schedule 4, 8 or 9 poison—written authorisation
(1)A registered medical practitioner or dentist who authorises the administration of a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison to a person, other than in the circumstances described in regulation 84A(1) or (2), must provide that authorisation in writing.
Penalty:100 penalty units.
(2)A registered medical practitioner or dentist who provides a written authorisation for the administration of a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison must ensure that the authorisation is in a legible and durable form that names the person to whom the poison is to be administered.
Penalty:50 penalty units.
(3)A registered medical practitioner or dentist who provides a written authorisation for the administration of a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison must date and confirm the authorisation with the practitioner's or dentist's signature.
Penalty:50 penalty units.
84AHow registered medical practitioner or dentist must authorise administration of Schedule 4, 8 or 9 poison—verbal authorisation in emergency
(1)A registered medical practitioner or dentist who authorises the administration of a Schedule 9 poison to a person may give that authorisation verbally to a nurse, registered midwife or pharmacist if, in the opinion of the registered medical practitioner or dentist, an emergency exists.
(2)A registered medical practitioner or dentist who authorises the administration of a Schedule 4 poison or Schedule 8 poison to a person may give that authorisation verbally to a nurse, registered midwife, pharmacist or registered Aboriginal and Torres Strait Islander health practitioner if, in the opinion of the registered medical practitioner or dentist, an emergency exists.
(3)As soon as practicable after a registered medical practitioner or dentist gives a verbal authorisation as described in subregulation (1) or (2), the registered medical practitioner or dentist must—
(a)confirm that verbal authorisation in writing; and
(b)include that written confirmation, or provide it for inclusion, in the treatment records of the person for whose treatment the authorisation is given.
Penalty:100 penalty units.".
23Regulation 85 substituted and new regulation 85A inserted
For regulation 85 of the Principal Regulations substitute—
"85 How nurse practitioner or authorised midwife must authorise administration of Schedule 4 or 8 poison—written authorisation
(1)A nurse practitioner or an authorised midwife who authorises the administration of a Schedule 4 poison or Schedule 8 poison to a person, other than in the circumstances described in regulation 85A(1), must provide that authorisation in writing.
Penalty:100 penalty units.
(2)A nurse practitioner or an authorised midwife who provides a written authorisation for the administration of a Schedule 4 poison or Schedule 8 poison must ensure that the authorisation is in a legible and durable form that names the person to whom the poison is to be administered.
Penalty:50 penalty units.
(3)A nurse practitioner or an authorised midwife who provides a written authorisation for the administration of a Schedule 4 poison or Schedule 8 poison must date and confirm the authorisation with the practitioner's or midwife's signature.
Penalty:50 penalty units.
85AHow nurse practitioner or authorised midwife must authorise administration of Schedule 4 or 8 poison—verbal instruction in emergency
(1)A nurse practitioner or an authorised midwife who authorises the administration of a Schedule 4 poison or Schedule 8 poison to a person may give that authorisation verbally to a nurse, registered midwife, pharmacist or registered Aboriginal and Torres Strait Islander health practitioner if, in the opinion of the nurse practitioner or authorised midwife, an emergency exists.
(2)As soon as practicable after a nurse practitioner or an authorised midwife gives a verbal authorisation as described in subregulation (1), the nurse practitioner or authorised midwife must—
(a)confirm that verbal authorisation in writing; and
(b)include that written confirmation, or provide it for inclusion, in the treatment records of the person for whose treatment the authorisation is given.
Penalty:100 penalty units.".
24Regulation 86 substituted and new regulation 86A inserted
For regulation 86 of the Principal Regulations substitute—
"86 How authorised optometrist or authorised podiatrist must authorise administration of Schedule 4 poison—written authorisation
(1)An authorised optometrist or authorised podiatrist who authorises the administration of a Schedule 4 poison to a person, other than in the circumstances described in regulation 86A(1), must provide that authorisation in writing.
Penalty:100 penalty units.
(2)An authorised optometrist or authorised podiatrist who provides a written authorisation for the administration of a Schedule 4 poison must ensure that the authorisation is in a legible and durable form that names the person to whom the poison is to be administered.
Penalty:50 penalty units.
(3)An authorised optometrist or authorised podiatrist who provides a written authorisation for the administration of a Schedule 4 poison must date and confirm the authorisation with the optometrist's or podiatrist's signature.
Penalty:50 penalty units.
86AHow authorised optometrist or authorised podiatrist must authorise administration of Schedule 4 poison—verbal instruction in emergency
(1)An authorised optometrist or authorised podiatrist who authorises the administration of a Schedule 4 poison to a person may give that authorisation verbally to a nurse, registered midwife, pharmacist or registered Aboriginal and Torres Strait Islander health practitioner if, in the opinion of the authorised optometrist or authorised podiatrist, an emergency exists.
(2)As soon as practicable after an authorised optometrist or authorised podiatrist gives a verbal authorisation as described in subregulation (1), the authorised optometrist or authorised podiatrist must—
(a)confirm that verbal authorisation in writing; and
(b)include that written confirmation, or provide it for inclusion, in the treatment records of the person for whose treatment the authorisation is given.
Penalty:100 penalty units.".
25Administration of Schedule 4 poison—nurse or registered midwife
(1)In regulation 96(3)(b) of the Principal Regulations, for "regulation 84(1)(a), 85(1)(a) or 86(1)(a)" substitute "regulation 84A(2), 85A(1) or 86A(1)".
(2)In regulation 96(3)(c) of the Principal Regulations, for "regulation 84(1)(b), 85(1)(b) or 86(1)(b)" substitute "regulation 84(1), 85(1) or 86(1)".
26Administration of Schedule 8 poison—nurse or registered midwife
(1)In regulation 97(3)(b) of the Principal Regulations, for "regulation 84(1)(a) or 85(1)(a)" substitute "regulation 84A(2) or 85A(1)".
(2)In regulation 97(3)(c) of the Principal Regulations, for "regulation 84(1)(b) or 85(1)(b)" substitute "regulation 84(1) or 85(1)".
27Administration of Schedule 9 poison—nurse or registered midwife
(1)In regulation 98(3)(b) of the Principal Regulations, for "regulation 84(1)(a)" substitute "regulation 84A(1)".
(2)In regulation 98(3)(c) of the Principal Regulations, for "regulation 84(1)(b)" substitute "regulation 84(1)".
28New regulations 98C and 98D inserted
After regulation 98B of the Principal Regulations insert—
"98C Administration of Schedule 4 poison—registered Aboriginal and Torres Strait Islander health practitioner
(1)A registered Aboriginal and Torres Strait Islander health practitioner must not administer a Schedule 4 poison other than in accordance with subregulation (2).
Penalty:100 penalty units.
(2)A registered Aboriginal and Torres Strait Islander health practitioner may administer a Schedule 4 poison to a person specified in an Aboriginal and Torres Strait Islander health practitioner administration instruction that is given by a registered medical practitioner, a dentist, a nurse practitioner, an authorised midwife, an authorised optometrist or an authorised podiatrist if the administration is—
(a)in accordance with—
(i)that administration instruction; and
(ii)the conditions (if any) specified in the Secretary's approval of the poison under regulation 161F; and
(b)within 12 months after the administration instruction is given.
98DAdministration of Schedule 8 poison—registered Aboriginal and Torres Strait Islander health practitioner
(1)A registered Aboriginal and Torres Strait Islander health practitioner must not administer a Schedule 8 poison other than in accordance with subregulation (2).
Penalty:100 penalty units.
(2)A registered Aboriginal and Torres Strait Islander health practitioner may administer a Schedule 8 poison to a person specified in an Aboriginal and Torres Strait Islander health practitioner administration instruction that is given by a registered medical practitioner, a dentist, a nurse practitioner or an authorised midwife if the administration is—
(a)in accordance with—
(i)that administration instruction; and
(ii)the conditions (if any) specified in the Secretary's approval of the poison under regulation 161F; and
(b)within 6 months after the administration instruction is given.".
29Administration of Schedule 4 poison by pharmacist
(1)In regulation 99(d) of the Principal Regulations, for "regulation 84(1)(a), 85(1)(a) or 86(1)(a)" substitute "regulation 84A(2), 85A(1) or 86A(1)".
(2)In regulation 99(e) of the Principal Regulations, for "regulation 84(1)(b), 85(1)(b) or 86(1)(b)" substitute "regulation 84(1), 85(1) or 86(1)".
30Administration of Schedule 8 poison by pharmacist
(1)In regulation 100(1)(c) of the Principal Regulations, for "regulation 84(1)(a) or 85(1)(a)" substitute "regulation 84A(2) or 85A(1)".
(2)In regulation 100(1)(d) of the Principal Regulations, for "regulation 84(1)(b) or 85(1)(b)" substitute "regulation 84(1) or 85(1)".
31Administration of Schedule 9 poison by pharmacist
(1)In regulation 101(a) of the Principal Regulations, for "regulation 84(1)(a)" substitute "regulation 84A(1)".
(2)In regulation 101(b)(i) of the Principal Regulations, for "regulation 84(1)(b)" substitute "regulation 84(1)".
32Part not to apply to pharmacists and other practitioners
In regulation 102 of the Principal Regulations, in the definition of person—
(a)in paragraph (m), for "pharmacist." substitute "pharmacist;"; or
(b)after paragraph (m) insert—
"(n)a registered Aboriginal and Torres Strait Islander health practitioner.".
33Person must not administer Schedule 4, 8 or 9 poison to another person except as specified
(1)In regulation 103(1)(a)(i) of the Principal Regulations, for "podiatrist or a pharmacist" substitute "podiatrist, a pharmacist or a registered Aboriginal and Torres Strait Islander health practitioner".
(2)In regulation 103(2)(a)(i) of the Principal Regulations, for "midwife or a pharmacist" substitute "midwife, a pharmacist or a registered Aboriginal and Torres Strait Islander health practitioner".
34Person must not self-administer Schedule 4, 8 or 9 poison except as specified
(1)After regulation 105(1)(a) of the Principal Regulations insert—
"(ab)the poison was lawfully supplied for the treatment of that person by a registered Aboriginal and Torres Strait Islander health practitioner on an Aboriginal and Torres Strait Islander health practitioner supply instruction given by—
(i)a registered medical practitioner; or
(ii)a dentist; or
(iii)a nurse practitioner; or
(iv)an authorised midwife; or
(v)an authorised optometrist; or
(vi)an authorised podiatrist; or".
(2)After regulation 105(2)(a) of the Principal Regulations insert—
"(ab)the poison was lawfully supplied for the treatment of that person by a registered Aboriginal and Torres Strait Islander health practitioner on an Aboriginal and Torres Strait Islander health practitioner supply instruction given by—
(i)a registered medical practitioner; or
(ii)a dentist; or
(iii)a nurse practitioner; or
(iv)an authorised midwife; or".
35Persons required to keep records
After regulation 107(a)(xi) of the Principal Regulations insert—
"(xii)a registered Aboriginal and Torres Strait Islander health practitioner;".
36Details to be contained in records
(1)After regulation 108(1)(d) insert—
"(da)in the case of a transaction involving supply on an Aboriginal and Torres Strait Islander health practitioner supply instruction—
(i)the name of the person who gave the supply instruction; and
(ii)the directions for use as set out in the supply instruction; and".
(2)In regulation 108(1)(g) of the Principal Regulations, for "nurse practitioner or authorised midwife" substitute "nurse practitioner, authorised midwife or registered Aboriginal and Torres Strait Islander health practitioner".
(3)In regulation 108(1)(m) of the Principal Regulations, for "regulation 84(1)(a), 85(1)(a) or 86(1)(a)" substitute "regulation 84A(1) or (2), 85A(1) or 86A(1)".
37Exceptions
In regulation 115(2)(a) of the Principal Regulations, for "practitioner or an authorised midwife" substitute "practitioner, an authorised midwife or a registered Aboriginal and Torres Strait Islander health practitioner".
38Dealing with substance—registered medical practitioner
In regulation 120(2)(f) of the Principal Regulations, after "regulation 84" insert "or 84A".
39Effect of direction given to nurse practitioner
In regulation 124(g) of the Principal Regulations, after "regulation 85" insert "or 85A".
40Disclosure of drug use within previous 8 weeks required
(1)In regulation 132(1A)(j) of the Principal Regulations, for "podiatrist." substitute "podiatrist;".
(2)After regulation 132(1A)(j) of the Principal Regulations insert—
"(k)a registered Aboriginal and Torres Strait Islander health practitioner.".
41New regulations 133CA to 133CD inserted
After regulation 133C of the Principal Regulations insert—
"133CA Possession of a Schedule 2 poison by a registered Aboriginal and Torres Strait Islander health practitioner
A registered Aboriginal and Torres Strait Islander health practitioner is authorised to obtain and possess a Schedule 2 poison in accordance with an approval under regulation 161G for the purpose of—
(a)supply in accordance with an Aboriginal and Torres Strait Islander health practitioner supply instruction given by—
(i)a registered medical practitioner; or
(ii)a dentist; or
(iii)a nurse practitioner; or
(iv)an authorised midwife; or
(v)an authorised optometrist; or
(vi)an authorised podiatrist; or
(b)administration in accordance with an Aboriginal and Torres Strait Islander health practitioner administration instruction given by—
(i)a registered medical practitioner; or
(ii)a dentist; or
(iii)a nurse practitioner; or
(iv)an authorised midwife; or
(v)an authorised optometrist; or
(vi)an authorised podiatrist.
133CBRestrictions on dealing with Schedule 2 poison—registered Aboriginal and Torres Strait Islander health practitioner
(1)A registered Aboriginal and Torres Strait Islander health practitioner must not sell, supply or administer a Schedule 2 poison other than in accordance with subregulation (2) or (3).
Penalty:100 penalty units.
(2)A registered Aboriginal and Torres Strait Islander health practitioner may supply a Schedule 2 poison to a person specified in an Aboriginal and Torres Strait Islander health practitioner supply instruction that is given by a registered medical practitioner, a dentist, a nurse practitioner, an authorised midwife, an authorised optometrist or an authorised podiatrist if the supply is in accordance with—
(a)that supply instruction; and
(b)the conditions (if any) specified in the Secretary's approval of the poison under regulation 161G.
(3)A registered Aboriginal and Torres Strait Islander health practitioner may administer a Schedule 2 poison to a person specified in an Aboriginal and Torres Strait Islander health practitioner administration instruction that is given by a registered medical practitioner, a dentist, a nurse practitioner, an authorised midwife, an authorised optometrist or an authorised podiatrist if the administration is in accordance with—
(a)that administration instruction; and
(b)the conditions (if any) specified in the Secretary's approval of the poison under regulation 161G.
133CCPossession of a Schedule 2 poison by an Aboriginal and Torres Strait Islander health worker
An Aboriginal and Torres Strait Islander health worker is authorised to obtain and possess a Schedule 2 poison in accordance with an approval under regulation 161I for the purpose of administration in accordance with an Aboriginal and Torres Strait Islander health worker administration instruction given by—
(a)a registered medical practitioner; or
(b)a dentist; or
(c)a nurse practitioner; or
(d)an authorised midwife; or
(e)an authorised optometrist; or
(f)an authorised podiatrist.
133CDRestrictions on dealing with Schedule 2 poison—Aboriginal and Torres Strait Islander health worker
(1)An Aboriginal and Torres Strait Islander health worker must not sell, supply or administer a Schedule 2 poison other than in accordance with subregulation (2).
Penalty:100 penalty units.
(2)An Aboriginal and Torres Strait Islander health worker may administer a Schedule 2 poison to a person specified in an Aboriginal and Torres Strait Islander health worker administration instruction that is given by a registered medical practitioner, a dentist, a nurse practitioner, an authorised midwife, an authorised optometrist or an authorised podiatrist if the administration is in accordance with—
(a)that administration instruction; and
(b)the conditions (if any) specified in the Secretary's approval of the poison under regulation 161I.".
42New regulations 133I and 133J inserted
After regulation 133H of the Principal Regulations insert—
"133I Possession of Schedule 3 poison by registered Aboriginal and Torres Strait Islander health practitioner
A registered Aboriginal and Torres Strait Islander health practitioner is authorised to obtain and possess a Schedule 3 poison in accordance with an approval under regulation 161H for the purpose of—
(a)supply in accordance with an Aboriginal and Torres Strait Islander health practitioner supply instruction given by—
(i)a registered medical practitioner; or
(ii)a dentist; or
(iii)a nurse practitioner; or
(iv)an authorised midwife; or
(v)an authorised optometrist; or
(vi)an authorised podiatrist; or
(b)administration in accordance with an Aboriginal and Torres Strait Islander health practitioner administration instruction given by—
(i)a registered medical practitioner; or
(ii)a dentist; or
(iii)a nurse practitioner; or
(iv)an authorised midwife; or
(v)an authorised optometrist; or
(vi)an authorised podiatrist.
133JPossession of Schedule 3 poison by Aboriginal and Torres Strait Islander health worker
An Aboriginal and Torres Strait Islander health worker is authorised to obtain and possess a Schedule 3 poison in accordance with an approval under regulation 161J for the purpose of administration in accordance with an Aboriginal and Torres Strait Islander health worker administration instruction given by—
(a)a registered medical practitioner; or
(b)a dentist; or
(c)a nurse practitioner; or
(d)an authorised midwife; or
(e)an authorised optometrist; or
(f)an authorised podiatrist.".
43Restrictions on dealing with Schedule 3 poison—registered medical practitioner
(1)In regulation 134(1) of the Principal Regulations, after "instruction for," insert "give an Aboriginal and Torres Strait Islander health practitioner supply instruction for,".
(2)In regulation 134(2) of the Principal Regulations, after "instruction for," insert "give an Aboriginal and Torres Strait Islander health practitioner supply instruction for,".
44Restrictions on dealing with Schedule 3 poison—dentist
(1)In regulation 136(1) of the Principal Regulations, after "instruction for," insert "give an Aboriginal and Torres Strait Islander health practitioner supply instruction for,".
(2)In regulation 136(2) of the Principal Regulations, after "instruction for," insert "give an Aboriginal and Torres Strait Islander health practitioner supply instruction for,".
45Restrictions on dealing with Schedule 3 poison—nurse practitioner
(1)In regulation 137(1) of the Principal Regulations, after "instruction for," insert "give an Aboriginal and Torres Strait Islander health practitioner supply instruction for,".
(2)In regulation 137(2) of the Principal Regulations, after "instruction for," insert "give an Aboriginal and Torres Strait Islander health practitioner supply instruction for,".
46Restrictions on dealing with Schedule 3 poison—authorised midwife
(1)In regulation 138(1) of the Principal Regulations, after "instruction for," insert "give an Aboriginal and Torres Strait Islander health practitioner supply instruction for,".
(2)In regulation 138(2) of the Principal Regulations, after "instruction for," insert "give an Aboriginal and Torres Strait Islander health practitioner supply instruction for,".
47Restrictions on dealing with Schedule 3 poison—authorised optometrist
(1)In regulation 139(1) of the Principal Regulations, after "instruction for," insert "give an Aboriginal and Torres Strait Islander health practitioner supply instruction for,".
(2)In regulation 139(2) of the Principal Regulations, after "instruction for," insert "give an Aboriginal and Torres Strait Islander health practitioner supply instruction for,".
48Restrictions on dealing with Schedule 3 poison—authorised podiatrist
(1)In regulation 140(1) of the Principal Regulations, after "instruction for," insert "give an Aboriginal and Torres Strait Islander health practitioner supply instruction for,".
(2)In regulation 140(2) of the Principal Regulations, after "instruction for," insert "give an Aboriginal and Torres Strait Islander health practitioner supply instruction for,".
49New regulations 141A and 141B inserted
After regulation 141 of the Principal Regulations insert—
"141A Supply or administration of Schedule 3 poison—registered Aboriginal and Torres Strait Islander health practitioner
(1)A registered Aboriginal and Torres Strait Islander health practitioner must not sell, supply or administer a Schedule 3 poison other than in accordance with subregulation (2) or (3).
(2)A registered Aboriginal and Torres Strait Islander health practitioner may supply a Schedule 3 poison to a person specified in an Aboriginal and Torres Strait Islander health practitioner supply instruction that is given by a registered medical practitioner, a dentist, a nurse practitioner, an authorised midwife, an authorised optometrist or an authorised podiatrist if the supply is in accordance with—
(a)that supply instruction; and
(b)the conditions (if any) specified in the Secretary's approval of the poison under regulation 161H.
(3)A registered Aboriginal and Torres Strait Islander health practitioner may administer a Schedule 3 poison to a person specified in an Aboriginal and Torres Strait Islander health practitioner administration instruction that is given by a registered medical practitioner, a dentist, a nurse practitioner, an authorised midwife, an authorised optometrist or an authorised podiatrist if the administration is in accordance with—
(a)that administration instruction; and
(b)the conditions (if any) specified in the Secretary's approval of the poison under regulation 161H.
141BAdministration of Schedule 3 poison—Aboriginal and Torres Strait Islander health worker
(1)An Aboriginal and Torres Strait Islander health worker must not sell, supply or administer a Schedule 3 poison other than in accordance with subregulation (2).
Penalty:100 penalty units.
(2)An Aboriginal and Torres Strait Islander health worker may administer a Schedule 3 poison to a person specified in an Aboriginal and Torres Strait Islander health worker administration instruction that is given by a registered medical practitioner, a dentist, a nurse practitioner, an authorised midwife, an authorised optometrist or an authorised podiatrist if the administration is in accordance with—
(a)that administration instruction; and
(b)the conditions (if any) specified in the Secretary's approval of the poison under regulation 161J.".
50Requirements to supply—delivery, supervision and directions for use
(1)In regulation 144(1A)(k) of the Principal Regulations, for "pharmacist." substitute "pharmacist;".
(2)After regulation 144(1A)(k) of the Principal Regulations insert—
"(l)a registered Aboriginal and Torres Strait Islander health practitioner.".
51Requirements to supply—label identifying supplier
(1)In regulation 145(1A)(k) of the Principal Regulations, for "pharmacist." substitute "pharmacist;".
(2)After regulation 145(1A)(k) of the Principal Regulations insert—
"(l)a registered Aboriginal and Torres Strait Islander health practitioner.".
52Notification of fraudulent obtaining of order or prescription
(1)In regulation 147(1)(i) of the Principal Regulations, for "pharmacist." substitute "pharmacist; and".
(2)After regulation 147(1)(i) of the Principal Regulations insert—
"(j)a registered Aboriginal and Torres Strait Islander health practitioner.".
53Regulation 152 amended
(1)In the heading to regulation 152 of the Principal Regulations, after "practitioners" insert "and certain workers".
(2)After regulation 152(1)(a)(viii) of the Principal Regulations insert—
"(ix)a registered Aboriginal and Torres Strait Islander health practitioner; or
(x)an Aboriginal and Torres Strait Islander health worker; or".
54Secretary may approve Schedule 4 poisons for possession by certain persons
(1)In regulation 160(1)(i) of the Principal Regulations, for "364;" substitute "364.".
(2)Regulation 160(1)(j) of the Principal Regulations is revoked.
55Secretary may approve Schedule 3 poisons for obtaining, possession, sale, supply or administration of approved registered nurses or approved registered midwifes
In regulation 161C(1) of the Principal Regulations omit "the poison".
56New regulations 161F to 161J inserted
After regulation 161E of the Principal Regulations insert—
"161F Secretary may approve Schedule 4 or 8 poisons for obtaining, possession, supply or administration by registered Aboriginal and Torres Strait Islander health practitioners under instruction
(1)The Secretary, by notice published in the Government Gazette, may approve a Schedule 4 poison or Schedule 8 poison that a registered Aboriginal and Torres Strait Islander health practitioner is to be authorised to obtain, possess, supply and administer.
(2)The Secretary must not approve a Schedule 4 poison or Schedule 8 poison under subregulation (1) unless the Secretary considers that—
(a)the approval is necessary for the provision of health services; and
(b)it is within the competence of a registered Aboriginal and Torres Strait Islander health practitioner to obtain, possess, supply and administer the poison under the instruction of a registered medical practitioner, a dentist, a nurse practitioner, an authorised midwife, an authorised optometrist or an authorised podiatrist.
(3)The Secretary may specify in an approval under subregulation (1) that the approval is subject to any condition the Secretary considers is necessary for the proper obtaining, possession, supply or administration of a Schedule 4 poison or Schedule 8 poison.
(4)An approval under subregulation (1) may be made in respect of—
(a)a poison or class of poison; and
(b)all registered Aboriginal and Torres Strait Islander health practitioners or a class of registered Aboriginal and Torres Strait Islander health practitioners.
(5)An approval under subregulation (1) takes effect—
(a)on the date of publication in the Government Gazette; or
(b)on a later date specified in the approval.
161GSecretary may approve Schedule 2 poisons for obtaining, possession, supply or administration by registered Aboriginal and Torres Strait Islander health practitioners under instruction
(1)The Secretary, by notice published in the Government Gazette, may approve a Schedule 2 poison that a registered Aboriginal and Torres Strait Islander health practitioner is to be authorised to obtain, possess, supply and administer.
(2)The Secretary must not approve a Schedule 2 poison under subregulation (1) unless the Secretary considers that—
(a)the approval is necessary for the provision of health services; and
(b)it is within the competence of a registered Aboriginal and Torres Strait Islander health practitioner to obtain, possess, supply and administer the poison under the instruction of a registered medical practitioner, a dentist, a nurse practitioner, an authorised midwife, an authorised optometrist or an authorised podiatrist.
(3)The Secretary may specify in an approval under subregulation (1) that the approval is subject to any condition the Secretary considers is necessary for the proper obtaining, possession, supply or administration of a Schedule 2 poison.
(4)An approval under subregulation (1) may be made in respect of—
(a)a poison or class of poison; and
(b)all registered Aboriginal and Torres Strait Islander health practitioners or a class of registered Aboriginal and Torres Strait Islander health practitioners.
(5)An approval under subregulation (1) takes effect—
(a)on the date of publication in the Government Gazette; or
(b)on a later date specified in the approval.
161HSecretary may approve Schedule 3 poisons for obtaining, possession, supply or administration by registered Aboriginal and Torres Strait Islander health practitioners under instruction
(1)The Secretary, by notice published in the Government Gazette, may approve a Schedule 3 poison that a registered Aboriginal and Torres Strait Islander health practitioner is to be authorised to obtain, possess, supply and administer.
(2)The Secretary must not approve a Schedule 3 poison under subregulation (1) unless the Secretary considers that—
(a)the approval is necessary for the provision of health services; and
(b)it is within the competence of a registered Aboriginal and Torres Strait Islander health practitioner to obtain, possess, supply and administer the poison under the instruction of a registered medical practitioner, a dentist, a nurse practitioner, an authorised midwife, an authorised optometrist or an authorised podiatrist.
(3)The Secretary may specify in an approval under subregulation (1) that the approval is subject to any condition the Secretary considers is necessary for the proper obtaining, possession, supply or administration of a Schedule 3 poison.
(4)An approval under subregulation (1) may be made in respect of—
(a)a poison or class of poison; and
(b)all registered Aboriginal and Torres Strait Islander health practitioners or a class of registered Aboriginal and Torres Strait Islander health practitioners.
(5)An approval under subregulation (1) takes effect—
(a)on the date of publication in the Government Gazette; or
(b)on a later date specified in the approval.
161ISecretary may approve Schedule 2 poisons for obtaining, possession or administration by Aboriginal and Torres Strait Islander health workers
(1)The Secretary, by notice published in the Government Gazette, may approve a Schedule 2 poison that an Aboriginal and Torres Strait Islander health worker is to be authorised to obtain, possess and administer.
(2)The Secretary must not approve a Schedule 2 poison under subregulation (1) unless the Secretary considers that—
(a)the approval is necessary for the provision of health services; and
(b)it is within the competence of an Aboriginal and Torres Strait Islander health worker to obtain, possess and administer the poison under the instruction of a registered medical practitioner, a dentist, a nurse practitioner, an authorised midwife, an authorised optometrist or an authorised podiatrist.
(3)The Secretary may specify in an approval under subregulation (1) that the approval is subject to any condition the Secretary considers is necessary for the proper obtaining, possession or administration of a Schedule 2 poison.
(4)An approval under subregulation (1) may be made in respect of—
(a)a poison or class of poison; and
(b)all Aboriginal and Torres Strait Islander health workers or a class of Aboriginal and Torres Strait Islander health workers.
(5)An approval under subregulation (1) takes effect—
(a)on the date of publication in the Government Gazette; or
(b)on a later date specified in the approval.
161JSecretary may approve Schedule 3 poisons for obtaining, possession or administration by Aboriginal and Torres Strait Islander health workers
(1)The Secretary, by notice published in the Government Gazette, may approve a Schedule 3 poison that an Aboriginal and Torres Strait Islander health worker is to be authorised to obtain, possess and administer.
(2)The Secretary must not approve a Schedule 3 poison under subregulation (1) unless the Secretary considers that—
(a)the approval is necessary for the provision of health services; and
(b)it is within the competence of an Aboriginal and Torres Strait Islander health worker to obtain, possess and administer the poison under the instruction of a registered medical practitioner, a dentist, a nurse practitioner, an authorised midwife, an authorised optometrist or an authorised podiatrist.
(3)The Secretary may specify in an approval under subregulation (1) that the approval is subject to any condition the Secretary considers is necessary for the proper obtaining, possession, or administration of a Schedule 3 poison.
(4)An approval under subregulation (1) may be made in respect of—
(a)a poison or class of poison; and
(b)all Aboriginal and Torres Strait Islander health workers or a class of Aboriginal and Torres Strait Islander health workers.
(5)An approval under subregulation (1) takes effect—
(a)on the date of publication in the Government Gazette; or
(b)on a later date specified in the approval.".
═════════════
ENDNOTES
[1] Reg. 3: S.R. No. 29/2017 as amended by S.R. Nos 31/2018, 45/2018, 72/2018, 178/2018, 15/2020, 73/2020, 13/2021, 174/2021, 13/2022, 16/2022, 96/2022, 112/2022, 113/2022, 20/2023, 46/2023, 61/2023, 105/2023 and 126/2024.
——
Penalty Units
These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2025 is $203.51. The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
0
0
0