Drugs, Poisons and Controlled Substances Further Amendment Regulations 2018 (Vic)

Drugs, Poisons and Controlled Substances Further Amendment Regulations 2018

S.R. No. 178/2018

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provisions

3Commencement

4Principal Regulations

5Definitions

6Persons authorised to possess Schedule 4, 8 and 9 poisons

7Administration of Schedule 4 poison—nurse or registered midwife

8Administration of Schedule 8 poison—nurse or registered midwife

9Administration of Schedule 9 poison—nurse or registered midwife

10Secretary may approve Schedule 4 poisons for possession by certain persons

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Endnotes

STATUTORY RULES 2018

S.R. No. 178/2018

Drugs, Poisons and Controlled Substances Act 1981

Drugs, Poisons and Controlled Substances Further Amendment Regulations 2018

The Governor in Council makes the following Regulations:

Dated: 23 October 2018

Responsible Minister:

JILL HENNESSY
Minister for Health

ANDREW ROBINSON

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 lifeguards and non-emergency patient transport service workers (including nurses) to lawfully possess and administer certain Schedule 4 poisons; and

(b)to make a technical amendment to clarify the circumstances in which nurses or registered midwives may administer Schedule 4, Schedule 8 and Schedule 9 poisons.

2Authorising provisions

These Regulations are made under sections 129 and 132 of the Drugs, Poisons and Controlled Substances Act 1981.

3Commencement

These Regulations come into operation on 24 October 2018.

4Principal Regulations

In these Regulations, the Drugs, Poisons and Controlled Substances Regulations 2017[1] are called the Principal Regulations.

5Definitions

In regulation 5(1) of the Principal Regulations insert the following definitions—

"non-emergency patient transport service has the same meaning as it has in the Non‑Emergency Patient Transport Act 2003;

non-emergency patient transport service licencehas the same meaning as it has in the Non-Emergency Patient Transport Act 2003;".

6Persons authorised to possess Schedule 4, 8 and 9 poisons

(1)In the Table in regulation 7(1) of the Principal Regulations, after item 23 insert—

"24.	A person (including a nurse) employed or engaged (on a paid basis) by the holder of a non-emergency patient transport service licence to provide medical care to patients of the non-emergency patient transport service operated by the licence holder.	Those Schedule 4 poisons listed in the health services permit held by the licence holder that are required in the performance of the person's duties for the purpose of providing medical care to patients of the non-emergency patient transport service operated by the licence holder.
25.	A person employed or engaged as a lifeguard (on a paid or unpaid basis) by Life Saving Victoria Limited ABN 21 102 927 364.	Those Schedule 4 poisons approved by the Secretary under regulation 160(1) that are required in the performance of the lifeguard's duties for the purpose of treatment in emergencies.".

(2)In regulation 7(2) of the Principal Regulations, for "section" substitute "regulation".

7Administration of Schedule 4 poison—nurse or registered midwife

For regulation 96(3)(e) of the Principal Regulations substitute—

"(e)if—

(i)regulation 8(1) authorises the nurse or registered midwife to possess the poison; and

(ii)the administration is for the treatment of a patient under the nurse or registered midwife's care; or

(f)if the nurse is a person referred to in Column 1 of item 24 of the Table in regulation 7, for the purpose set out in Column 2 of that item.

Note

Item 24 refers to persons employed or engaged (on a paid basis) by a non-emergency patient transport service licence holder to provide medical care to patients of that service.".

8Administration of Schedule 8 poison—nurse or registered midwife

(1)At the foot of regulation 97(1) of the Principal Regulations insert—

"Penalty:100 penalty units.".

(2)For regulation 97(3)(e) of the Principal Regulations substitute—

"(e)if—

(i)regulation 8(2) authorises the nurse or registered midwife to possess the poison; and

(ii)the administration is for the treatment of a patient under the nurse or registered midwife's
care.".

9Administration of Schedule 9 poison—nurse or registered midwife

(1)At the foot of regulation 98(1) of the Principal Regulations insert—

"Penalty:100 penalty units.".

(2)For regulation 98(3)(e) of the Principal Regulations substitute—

"(e)if—

(i)regulation 8(3) authorises the nurse or registered midwife to possess the poison; and

(ii)the administration is for the treatment of a patient under the nurse or registered midwife's
care.".

10Secretary may approve Schedule 4 poisons for possession by certain persons

(1)In regulation 160(1)(h) of the Principal Regulations, for "stations." substitute
"stations;".

(2)After regulation 160(1)(h) of the Principal Regulations insert—

"(i)a lifeguard employed or engaged (on a paid or unpaid basis) by Life Saving Victoria Limited ABN 21 102 927 364.".

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Endnotes

[1] Reg. 4: S.R. No. 29/2017 as amended by S.R. Nos 31/2018, 45/2018 and 72/2018.

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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 2018 is $161.19.

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.