Health Legislation Amendment Act 2009 (NSW)

An Act to make miscellaneous amendments to various Acts administered by the Minister for Health; and for other purposes.

1Name of Act

This Act is the Health Legislation Amendment Act 2009.

2Commencement(1)

This Act commences on the date of assent to this Act, except as provided by subsection (2).

(2)

Schedule 1.5 commences on a day to be appointed by proclamation.

Schedule 1Amendment of Acts

(Repealed)

Medical Practice Act 1992 No 94[1]Section 177 Representation at inquiry

Omit section 177 (1)–(2A). Insert instead:

(1)

At an inquiry conducted by a Committee, the practitioner concerned and any complainant are entitled to attend and to be represented by an Australian legal practitioner or another adviser.

(2)

To remove any doubt, the Committee is not prevented from addressing questions directly to the practitioner if the practitioner is represented by an Australian legal practitioner or another adviser.

[2]Section 177 (3)

Omit “(except an Australian legal practitioner or another adviser representing any person)”.

[3]Schedule 5 Savings and transitional provisions

Insert after clause 49:

Part 9Provisions consequent on enactment of Health Legislation Amendment Act 200950Professional Standards Committees(1)

This clause applies if, immediately before the commencement of this clause, a Professional Standards Committee had started but not finalised an inquiry.

(2)

Section 177, as in force immediately before the commencement, continues to apply to the inquiry as if Schedule 1.5 [1] and [2] to the Health Legislation Amendment Act 2009 had not commenced.

(Repealed)