Health Complaints Regulations 2019 (Vic)

Version No. 001

Health Complaints Regulations 2019

S.R. No. 12/2019

Version as at

26 February 2019

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Definitions

4Prescribed health services

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Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 001

Health Complaints Regulations 2019

S.R. No. 12/2019

Version as at

26 February 2019

1Objective

The objective of these Regulations is to prescribe specified services as health services for the purposes of the Health Complaints Act 2016.

2Authorising provision

These Regulations are made under section 158 of the Health Complaints Act 2016.

3Definitions

In these Regulations—

artificial insemination has the same meaning as in the Assisted Reproductive Treatment Act 2008;

registered ART provider has the same meaning as in the Assisted Reproductive Treatment Act 2008;

self-insemination means artificial insemination carried out by a woman on herself with, or without, the assistance of the woman's partner or a relative or friend of the woman;

the Act means the Health Complaints Act 2016.

4Prescribed health services

For the purposes of paragraph (j) of the definition of health service in section 3(1) of the Act, the following services are prescribed—

(a)a service that—

(i)is provided by, or on behalf of, a registered ART provider; and

(ii)is, or is claimed to be, in relation to fertility or procuring a pregnancy in a woman;

(b)a service that—

(i)is provided by, or on behalf of, a person who carries out artificial insemination, other than self-insemination; and

(ii)is, or is claimed to be, in relation to fertility or procuring a pregnancy in a woman;

(c)a support service necessary to implement a service referred to in this regulation.

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Endnotes

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Health Complaints Regulations 2019, S.R. No. 12/2019 were made on 26 February 2019 by the Governor in Council under section 158 of the Health Complaints Act 2016, No. 22/2016 and came into operation on 26 February 2019.

The Health Complaints Regulations 2019 will sunset 10 years after the day of making on 26 February 2029 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•    Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•    Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•    Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•    Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•    Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•    Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

There are no amendments made to the Health Complaints Regulations 2019 by statutory rules, subordinate instruments and Acts.

3   Amendments Not in Operation

There are no amendments which were Not in Operation at the date of this publication.

4   Explanatory details

No entries at date of publication.