Health Legislation Amendment Act 2010 (ACT)

Health Legislation Amendment Act 2010

A2010-2

Contents

Page

Part 1Preliminary

1. Name of Act  2

2. Commencement  2

Part 2Drugs of Dependence Act 1989

1. Legislation amended—pt 2  3

2. Treatment

   
   

   Part 9  3

3. Inspection

   
   

   Division 11.2  3

4. Notification and review of decisions

   
   

   Part 12  3

5. Secrecy

   
   

   Section 201 (1)  3

6. Section 201 (3) (a)  3

7. Reviewable decisions

   
   

   Schedule 1  3

8. Dictionary  4

9. New part 20  5

Part 3Health Records (Privacy and Access) Act 1997

1. Legislation amended—pt 3  6

2. The privacy principles

   
   

   Schedule 1, principle 4.1, new clause 3 (c)  6

Schedule 1Consequential amendments  7

Part 1.1Children and Young People Act 2008  7

Part 1.2Court Procedures Rules 2006  7

Part 1.3Crimes Sentencing Act 2005  7

Health Legislation Amendment Act 2010

A2010-2

An Act to amend legislation about health, and for other purposes

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

Part 1Preliminary

1. Name of Act

   This Act is the Health Legislation Amendment Act 2010.

2. Commencement

   This Act commences on a day fixed by the Minister by written notice.

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

   Note 2A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).

   Note 3If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).

Part 2Drugs of Dependence Act 1989

1. Legislation amended—pt 2

   This part amends the Drugs of Dependence Act 1989.

2. Treatment
   Part 9

   omit

3. Inspection
   Division 11.2

   omit

4. Notification and review of decisions
   Part 12

   omit

5. Secrecy
   Section 201 (1)

   omit

   a treatment centre inspector,

6. Section 201 (3) (a)

   omit

7. Reviewable decisions
   Schedule 1

   omit

8. Dictionary

   omit the definitions of

   approval

   approval holder

   approved treatment centre

   assessment order

   director

   member

   offender

   opioid dependency treatment centre

   panel

   proper officer

   responsible officer

   reviewable decision

   treatment

   treatment centre

   treatment centre inspector

   treatment order

9. New part 20

   insert

Part 20Transitional—treatment orders

1. Definitions—pt 20

   In this part:

   commencement day means the day the Health Legislation Amendment Act 2010, part 2 commences.

   old provisions means those provisions, and parts of provisions, of this Act that were omitted by the Health Legislation Amendment Act 2010, part 2.

2. Transitional

   If, immediately before the commencement day, a treatment order is in force under part 9 in relation to a person, the old provisions that are necessary for the treatment order to be given effect continue in force in relation to the treatment order.

3. Expiry—pt 20

   (1)This part expires 2 years after the day it commences.

   (2)This part is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

Part 3Health Records (Privacy and Access) Act 1997

1. Legislation amended—pt 3

   This part amends the Health Records (Privacy and Access) Act 1997.

2. The privacy principles
   Schedule 1, principle 4.1, new clause 3 (c)

   before the example, insert

   (c)an electronic copy of the record has been generated—

   (i)by a method described in the Electronic Transactions Act 2001, section 11 (2) (b); and

   (ii)when the record is destroyed it is reasonable to expect that the information contained in the electronic copy will be readily accessible so as to be useable for subsequent reference.

   NoteThe Electronic Transactions Act 2001, section 11 (Retention of information and documents) provides that, if a person is required to retain a document, the requirement is taken to be met if the person retains an electronic form of the document.

Schedule 1Consequential amendments

Part 1.1Children and Young People Act 2008

[1.1]Dictionary, definition of drug of dependence

substitute

drug of dependence—see the Drugs of Dependence Act 1989, dictionary.

Part 1.2Court Procedures Rules 2006

[1.2]Rule 4700, definition of sentence, example 3

omit

[1.3]Rule 5000, definition of sentence, example 3

omit

Part 1.3Crimes Sentencing Act 2005

[1.4]Section 13 (3) (g), note 1

omit

[1.5]Section 29 (1) (i)

omit

Endnotes

1. Presentation speech

   Presentation speech made in the Legislative Assembly on 12 November 2009.

2. Notification

   Notified under the Legislation Act on 16 February 2010.

3. Republications of amended laws

   For the latest republication of amended laws, see certify that the above is a true copy of the Health Legislation Amendment Bill 2010, which originated in the Legislative Assembly as the Health Legislation Amendment Bill 2009 and was passed by the Assembly on 9 February 2010.

   Acting Clerk of the Legislative Assembly

   © Australian Capital Territory 2010