Health Legislation (Amendment) Act 2003 (Vic)

Health Legislation (Amendment) Act 2003

ts	Act No. 67/2003
n
e
m	TABLE OF PROVISIONS

u Section Page

c	1.	Purpose	1
o	2.	Commencement	2
D	3.	Nurse practitioners	2
ry	4.	Health Services Act—patient information	3
5.	Health Services Act—Numurkah District Health Service	4
ta	PART 11—DEEMED PUBLICATION	4
n	231.	Deemed publication of Order in Council	4
e	6.	Human Tissue Act—new section 39A inserted	4
m	39A.	Recovery of certain costs of tissue banks	4
ia	7.	Human Tissue Act—regulations	5
rl	8.	Lord Mayor's Charitable Fund—Board members	5
9.	New section 34 inserted	5
a	34.	Further transitional	5
P	10.	Mental Health Act—apprehension of mentally ill persons	6
d	11.	Mental Health Act—patient information	8
12.	Nurses Act—qualifications	9
n	13.	Statute law revision	9

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o	ENDNOTES	10
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o	Victoria
D
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n	No. 67 of 2003
e
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rl	Health Legislation (Amendment) Act
a	2003†
P

[Assented to 14 October 2003]

d
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ti	The Parliament of Victoria enacts as follows:
la
is	1. Purpose
g
e	The main purpose of this Act is to make
L	miscellaneous amendments to the Drugs, Poisons
n	and Controlled Substances Act 1981, the Health
a	Services Act 1988, the Human Tissue Act 1982,
ri	the Lord Mayor's Charitable Fund Act 1996,
to	the Mental Health Act 1986 and the Nurses Act
ic	1993.
V

Health Legislation (Amendment) Act 2003

s. 2

Act No. 67/2003

2. Commencement

(1) This Act, except section 6, comes into operation

ts	on the day after the day on which it receives the
n	Royal Assent.
e	(2) Subject to sub-section (3), section 6 comes into
m	operation on a day to be proclaimed.
u
c	(3) If section 6 does not come into operation before
o	1 June 2004, it comes into operation on that day.
D	3. Nurse practitioners

ry	See:	After section 14(2) of the Drugs, Poisons and
Act No.
ta	9719/1981.	Controlled Substances Act 1981 insert—
Reprint No. 6
n	as at	"(3) If the Nurses Board of Victoria established
e	14 February

2002	under the Nurses Act 1993 has imposed in
m	and	relation to the practice of a nurse practitioner
ia	amending
conditions, limitations or restrictions
rl	Act No.
11/2002.	including a condition, limitation or
a	LawToday:
	restriction prohibiting the prescription of any
P	dpc.vic.	drug or substance or class of drugs or
gov.au
d	substances, being a poison or controlled
n	substance or drug of dependence or poisons
a	or controlled substances or drugs of
n	dependence that nurse practitioner for the
o	purposes of this Act and the regulations is
ti	deemed to be not authorized to obtain and
la	have in his or her possession or to use sell or
is	supply in the lawful practice of his or her
g	profession the poison or controlled substance
e	or drug of dependence or the poisons or
L	controlled substances or drugs of dependence
n	to which the condition, limitation or
a
ri	restriction relates.".
to
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Health Legislation (Amendment) Act 2003

s. 4

Act No. 67/2003

4. Health Services Act—patient information

See:

(1) In section 141 of the Health Services Act 1988—

Act No.

ts 49/1988.

(a) in sub-section (1), in the definition of Reprint No. 8

n	"person to whom this section applies" for	as at
e	19 February
"person to whom this section applies"	2003.
m	substitute "relevant person";	LawToday:
u
c	(b) in sub-section (2), for "person to whom this	dpc.vic.
gov.au

o	section applies" (wherever occurring)
D	substitute "relevant person".
ry	(2) After section 141(2A) of the Health Services Act
ta	1988 insert—
n	"(2B) Sub-section (2) does not apply to a person
e	(other than an independent contractor) who
m	is a relevant person in relation to a relevant
ia	health service who gives information in
rl	accordance with HPP 2 of the Health Privacy
a	Principles in the Health Records Act 2001
P	to another person (other than an independent contractor) who is a relevant person in
d
n	relation to that relevant health service.".
a	(3) In section 141 of the Health Services Act 1988—
n	(a) in sub-section (3)(a), after "consent" (where
o
ti	twice occurring) insert "(which may be
la	express or implied)";

is	(b)	in sub-section (3)(eb), for "2.2(f), 2.2(h)"
g	substitute "2.2(a), 2.2(f), 2.2(h), 2.2(k),
e	2.2(l)";

L	(c) in sub-section (3), after paragraph (eb)
n	insert—
a
ri	"(ec) to the giving of information relating to
to	a notification, claim or potential claim
to a person or body providing insurance
ic	or indemnity (including discretionary
V	indemnity) for any liability of the relevant health service or a person who

Health Legislation (Amendment) Act 2003

s. 5

Act No. 67/2003

is a relevant person in relation to the
relevant health service arising from the

provision of services by, on behalf of or

ts	at the relevant health service; or";
n
e	(d) in sub-section (5)(a), omit "employed or".
m	5. Health Services Act—Numurkah District Health
u	Service
c
o	After section 230 of the Health Services Act
D	1988 insert—
ry	'PART 11—DEEMED PUBLICATION
ta	231. Deemed publication of Order in Council
n
e	The Order in Council made under
m	section 8(1)(c) on 30 September 1997
ia	changing the name of the Numurkah and
rl	District War Memorial Hospital to the
a	Numurkah District Health Service is deemed
P	to have been published on 2 October 1997 in
d	the Government Gazette as if the words
n	"Numurkah and District Health Service"
a	were "Numurkah District Health Service".'.
n	6. Human Tissue Act—new section 39A inserted
o

ti	See:	After section 39 of the Human Tissue Act 1982
Act No.
la	9860/1982.	insert—
Reprint No. 2
is	as at	"39A. Recovery of certain costs of tissue banks
14 November
g	1996	(1) A person who owns or controls a tissue bank
e	and
L	amending	prescribed by the regulations may charge an
Act Nos	amount to recover the reasonable costs
n	63/1995,
a	12/1998 and	associated with the removal, evaluation,
ri	27/2001.	storage, processing at the tissue bank and
LawToday:
distribution from the tissue bank of tissue
to	removed in accordance with this Act.
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Health Legislation (Amendment) Act 2003

s. 7

Act No. 67/2003

(2) Section 38(1) does not apply to a person who only charges an amount in accordance with

ts	sub-section (1).
n	(3) Section 39(1) does not apply to a person who
e	only pays an amount charged in accordance
m	with sub-section (1).".
u	7. Human Tissue Act—regulations
c
o	At the end of section 46 of the Human Tissue
D	Act 1982 insert—
ry	"(2) The regulations—

ta	(a)	may be of general or limited
n	application; and

e	(b) may differ according to differences in
m	time, place or circumstance.".
ia
rl	8. Lord Mayor's Charitable Fund—Board members

a	(1) In section 11(b)(i) of the Lord Mayor's	See: Act No.
P	Charitable Fund Act 1996, for "one year"	54/1996. LawToday:
d	substitute "2 years".
n	dpc.vic.

(2) In section 12(1)(b), (2)(b) and (3) of the Lord

gov.au

a	Mayor's Charitable Fund Act 1996, for "the
n	annual" substitute "the second annual".
o
ti	9. New section 34 inserted
la	After section 33 of the Lord Mayor's Charitable
is	Fund Act 1996 insert—
g	"34. Further transitional
e
L	(1) A person who held office as a member of the
n	Board immediately before the
a	commencement of section 8 of the Health
ri	Legislation (Amendment) Act 2003 whose
to	name is drawn by lot by the President under
ic	sub-section (3) continues to hold office until the commencement of the first ordinary
V	meeting of the Board after the second annual

Health Legislation (Amendment) Act 2003

s. 10

Act No. 67/2003

meeting of the Board after that member was

elected.

ts	(2) The remaining members of the Board who
n	held office as members of the Board
e	immediately before the commencement of
m	section 8 of the Health Legislation
u	(Amendment) Act 2003 hold office until the
c	commencement of the first ordinary meeting
o	of the Board after the annual meeting of the
D	Board after that member was elected.
ry	(3) The President must draw by lot the names of
ta	2 members of the Board appointed under
section 11(b)(iii) and 2 members appointed
n
e	under section 11(b)(iv) who are to hold office in accordance with sub-section (1).".
m
ia	10. Mental Health Act—apprehension of mentally ill
rl	persons
a	See:	(1) In section 10(3) of the Mental Health Act 1986
P	Act No.
59/1986.	after "practitioner" insert "or a mental health
d	Reprint No. 7	practitioner".
as at
n	1 July 2002

a and (2) In section 10 of the Mental Health Act 1986, for

amending	sub-sections (4) and (5) substitute—
n	Act Nos
o	67/1998 and	'(4) A member of the police force must, as soon

ti	41/2002. LawToday:	as practicable after apprehending a person
la		under sub-section (1), arrange for—
dpc.vic.
is	gov.au	(a) an examination of the person by a

g	registered medical practitioner; or
e

L	(b)	an assessment of the person by a mental
n	health practitioner.
a

ri (5) The mental health practitioner may assess

the person, having regard to the criteria in

to	section 8(1) and—
ic	(a) advise the member of the police force
V	to—

Health Legislation (Amendment) Act 2003

s. 10

Act No. 67/2003

(i)  arrange for an examination of the person by a registered medical

ts	practitioner; or
n	(ii) release the person from
e	apprehension under this section;
m	or
u	(b) complete an authority to transport
c	the person to an approved mental
o	health service in accordance with
D	section 9(7A).
ry	(6) If the mental health practitioner assesses the
ta	person and advises the member of the police
n	force to arrange for an examination of the
e	person by a registered medical practitioner
m	the member of the police force must do so as
ia	soon as practicable.
rl	(7) If the mental health practitioner assesses the
a	person and advises the member of the police
P	force to release the person from
d	apprehension under this section the member
n	must do so unless the member arranges for a
a	personal examination of the person by a
n	registered medical practitioner.
o
ti	(8) If an arrangement is made under this section
la	to have a person examined by a registered
medical practitioner, a registered medical
is	practitioner may examine the person for the
g
e	purposes of section 9.
L	(9) Nothing in this section limits—
n	(a) any other powers of a registered
a
ri	medical practitioner or mental health practitioner in relation to that person
to	under this Act; or
ic	(b) any other powers of a member of the
V	police force in relation to that person.

Health Legislation (Amendment) Act 2003

s. 11

Act No. 67/2003

(10) In this section, "mental health

practitioner" has the same meaning as in

ts	section 9.'.
n	11. Mental Health Act—patient information
e	In section 120A of the Mental Health Act
m	1986—
u
c	(a) in sub-section (1), in the definition of
o	"person to whom this section applies" for
D	"person to whom this section applies"
ry	substitute "relevant person";
ta	(b) in sub-section (2), for "person to whom this

section applies"(wherever occurring)

n

e substitute "relevant person";

(c) in sub-section (3)(a) after "consent" (where

m

ia	twice occurring) insert "(which may be
rl	express or implied)";
a	(d) in sub-section (3)(ea) for "2.2(f), 2.2(h)"
P	substitute "2.2(a), 2.2(f), 2.2(h), 2.2(k),
d	2.2(l)";
n	(e) in sub-section (3), after paragraph (ea)
a

insert—

n

o	"(eb) to the giving of information relating to
ti	a notification, claim or potential claim
la	to a person or body providing insurance
is	or indemnity (including discretionary
g	indemnity) for any liability of the
e	relevant psychiatric service or a person
L	who is a relevant person in relation to
n	the relevant psychiatric service arising
a	from the provision of services by, on
ri	behalf of or at the relevant psychiatric
to	service; or".
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Health Legislation (Amendment) Act 2003

s. 12

Act No. 67/2003

12. Nurses Act—qualifications

For section 6(2)(a) of the Nurses Act 1993 See:
Act No.

ts	substitute—	111/1993. Reprint No. 3
n	"(a) has successfully completed a course	as at
e	1 January

approved by the Board or an examination set 2002

m	by the Board or, if the Board so requires,	and
u	both a course approved by the Board and an
amending
c	Act Nos
examination set by the Board; or	2/2001,
o	11/2002 and
D	(ab) has successfully completed units in a course	14/2002.
LawToday:
ry	of study accredited by the Board for the
purposes of sub-section (1) that the Board is	dpc.vic.
ta	satisfied are substantially equivalent or based
gov.au
n	on similar competencies to a course or
e	examination to which paragraph (a) applies;
m	or".

ia	13. Statute law revision
rl
a	(1) In sections 35(2A) and 35A of the Drugs, Poisons
P	and Controlled Substances Act 1981 for "Chief General Manager" (wherever occurring)
d
n	substitute "Secretary".
a	(2) In the Health Practitioner Acts (Further
n	Amendments) Act 2002—
o
ti	(a) in section 12(1) omit "29.";
la	(b) in section 17(1) omit "39.";
is	(c) in section 21(1) omit "46.";
g
e	(d) in section 27(1) omit "57.";
L	(e) in section 28(1) omit "58.".
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Health Legislation (Amendment) Act 2003

Endnotes

Act No. 67/2003

ENDNOTES

ts †

Minister's second reading speech—

n	Legislative Council: 1 May 2003
e
Legislative Assembly: 7 October 2003
m
u	The long title for the Bill for this Act was "to make miscellaneous
c	amendments to the Drugs, Poisons and Controlled Substances Act
o	1981, the Health Services Act 1988, the Human Tissue Act 1982, the
D	Lord Mayor's Charitable Fund Act 1996, the Mental Health Act 1986
and the Nurses Act 1993 and for other purposes."
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