Health Amendment Act 2019 (ACT)

Health Amendment Act 2019

A2019-33

Contents

Page

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

4            Definitions—pt 5Section 50, definitions of dentist, doctor and eligible midwife                2

5            Section 50, note  2

6            Section 52  2

7           Scope of clinical practice committees—functionsSection 59 (4), definition of credential  4

8            Complainants to remain anonymousSection 78 (a)  4

9            Dictionary, note 2  4

10          Dictionary, definitions of dentist, doctor and eligible midwife                 4

11          Dictionary, new definition of practitioner  4

12          Further amendments, mentions of doctor, dentist or eligible midwife       5

13          Further amendments, mentions of doctor’s, dentist’s or eligible midwife’s   5

14Sex Work Act 1992
Section 2, note 1  6

Health Amendment Act 2019

A2019-33

An Act to amend the Health Act 1993, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1. Name of Act

   This Act is the Health Amendment Act 2019.

2. Commencement

   This Act commences on the day after its notification day.

   NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

3. Legislation amended

   This Act amends the Health Act 1993.

   NoteThis Act also amends the Sex Work Act 1992 (see s 14).

4. Definitions—pt 5
   Section 50, definitions of dentist, doctor and eligible midwife

   omit

5. Section 50, note

   substitute

   NoteScope of clinical practice committee is defined for the Act in s 51.
   Practitioner is defined for the Act in s 52.

6. Section 52

   substitute

7. Who is a practitioner for a health facility?

   (1)In this Act:

   practitioner, for a health facility, means—

   (a)a dentist for the health facility; or

   (b)a doctor for the health facility; or

   (c)an eligible midwife for the health facility; or

   (d)a nurse practitioner for the health facility.

   (2)In this section:

   dentist, for a health facility, means a dentist who—

   (a)provides health services at the health facility; or

   (b)uses the equipment or other facilities of the health facility to provide health services elsewhere.

   doctor, for a health facility, means a doctor who—

   (a)provides health services at the health facility; or

   (b)uses the equipment or other facilities of the health facility to provide health services elsewhere.

   eligible midwife, for a health facility, means a midwife who—

   (a)is an eligible midwife within the meaning of the Health Insurance Act 1973 (Cwlth), section 21 (Meaning of eligible midwife); and

   (b)either—

   (i)provides health services at the health facility; or

   (ii)uses the equipment or other facilities of the health facility to provide health services elsewhere.

   nurse practitioner, for a health facility, means a nurse practitioner who—

   (a)provides health services at the health facility; or

   (b)uses the equipment or other facilities of the health facility to provide health services elsewhere.

8. Scope of clinical practice committees—functions
   Section 59 (4), definition of credential

   omit

   (the practitioner)

9. Complainants to remain anonymous
   Section 78 (a)

   omit

   doctor, dentist, eligible midwife

   substitute

   practitioner

10. Dictionary, note 2

    insert

    ·     dentist

    ·     doctor

    ·     midwife

    ·     nurse practitioner

11. Dictionary, definitions of dentist, doctor and eligible midwife

    omit

12. Dictionary, new definition of practitioner

    insert

    practitioner, for a health facility—see section 52.

13. Further amendments, mentions of doctor, dentist or eligible midwife

    omit

    doctor, dentist or eligible midwife

    substitute

    practitioner

    in

    ·     section 50, definition of scope of clinical practice

    ·     section 54, definition of scope of clinical practice

    ·     section 59

    ·     sections 65 to 74

    ·     sections 77 and 78

    ·     sections 130 and 131

    ·     section 189

    ·     dictionary, definition of scope of clinical practice

14. Further amendments, mentions of doctor’s, dentist’s or eligible midwife’s

    omit

    doctor’s, dentist’s or eligible midwife’s

    substitute

    practitioner’s

    in

    ·     section 59 (1) (c)

    ·     section 66 (2)

    ·     section 70 (4)

    ·     section 73 (2) and (3)

    ·     section 131

    ·     section 189

15. Sex Work Act 1992
    Section 2, note 1

    substitute

    Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.

    For example, the signpost definition ‘commercial brothel, for part 2 (Registration)—see section 5.’ means that the term ‘commercial brothel’ is defined in that section for part 2.

Endnotes

1. Presentation speech

   Presentation speech made in the Legislative Assembly on 15 August 2019.

2. Notification

   Notified under the Legislation Act on 9 October 2019.

3. Republications of amended laws

   For the latest republication of amended laws, see certify that the above is a true copy of the Health Amendment Bill 2019, which was passed by the Legislative Assembly on 24 September 2019.

   Clerk of the Legislative Assembly

   © Australian Capital Territory 2019