Health Legislation (Further Amendment) 2003 (Vic)

Health Legislation (Further Amendment) Act 2003

ts	Act No. 98/2003
n
e
m	TABLE OF PROVISIONS

u	Section	Page
c
o	PART 1—PRELIMINARY	1
D

1. Purpose 1

ry 2. Commencement 2

ta PART 2—CHINESE MEDICINE 3

n	3.	Claims as to registration	3
e	4.	Endorsement of registration of chiropractors	3
m	5.	Endorsement of registration of dentists	5
ia	6.	Endorsement of registration of medical practitioners	6
rl	7.	Notation of registration of nurses	7
8.	Notation of registration of optometrists	9
a	9.	Endorsement of registration of osteopaths	10
P	10.	Endorsement of registration of pharmacists	11
d	11.	Endorsement of registration of physiotherapists	13
n

a PART 3—REPEAL AND OTHER AMENDMENTS 15

n	12.	Health records—Commonwealth agencies	15
o
ti
13.	New section 134O inserted in Health Services Act	15
134O. HPV—trade practices	15
14.	Repeal of Pathology Services Accreditation Act 1984	16
la	15.	Minor amendments	17

is	═══════════════
g

e	ENDNOTES	18
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o	Victoria
D
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ta
n	No. 98 of 2003
e
m
ia
rl	Health Legislation (Further
a	Amendment) Act 2003†
P

[Assented to 2 December 2003]

d
n
a
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ti	The Parliament of Victoria enacts as follows:
la
is
g	PART 1—PRELIMINARY
e
L	1. Purpose
n	The main purpose of this Act is to amend various
a
ri	Acts relating to the registration of health
practitioners and the Health Records Act 2001
to	and the Health Services Act 1988 and to repeal
ic	the Pathology Services Accreditation Act 1984.
V

Health Legislation (Further Amendment) Act 2003

Act No. 98/2003

Part 1—Preliminary

s. 2

2. Commencement

(1) Sections 1, 12 and 13 and this section come into

ts	operation on the day after the day on which this
n	Act receives the Royal Assent.
e	(2) Subject to sub-section (3), the remaining
m	provisions of this Act come into operation on a
u	day or days to be proclaimed.
c
o	(3) If a provision referred to in sub-section (2) does
D	not come into operation before 1 January 2004, it
ry	comes into operation on that day.
ta	__________________
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Health Legislation (Further Amendment) Act 2003

Act No. 98/2003

Part 2—Chinese Medicine

s. 3

PART 2—CHINESE MEDICINE

ts	3. Claims as to registration
n	Act No.

(1) For section 61(2) and (3) of the Chinese

e 18/2000.

Medicine Registration Act 2000 substitute—

m

u	"(2) A person who is not a registered Chinese
c	medicine practitioner must not use the title
o	Chinese medicine practitioner or Oriental
D	medicine practitioner whether in English or
ry	any other language.
ta	Penalty: 50 penalty units.
n	(3) A person who is not registered as an
e	acupuncturist under Part 2 must not use the
m	title acupuncturist whether in English or any
ia	other language.
rl	Penalty: 50 penalty units.
a
P	(3A) A person who is not registered as a Chinese
d	herbal medicine practitioner under Part 2
n	must not use the title Chinese herbal
a	medicine practitioner or Chinese herbalist
n	whether in English or any other language.
o
ti	Penalty: 50 penalty units.".
la	(2) In section 61(11) of the Chinese Medicine
is	Registration Act 2000 omit "(2),".
g	4. Endorsement of registration of chiropractors
e	Act No.

(1) For section 7A(1) of the Chiropractors

63/1996.

L Registration Act 1996 substitute—

n

a	"(1) The Board may endorse the registration of a
ri	chiropractor to the effect that the
to	chiropractor is qualified to be exempt with respect to the practise of acupuncture from
ic	section 61(1)(c) and (d) and (3) of the
V	Chinese Medicine Registration Act 2000 if—

Health Legislation (Further Amendment) Act 2003

Act No. 98/2003

Part 2—Chinese Medicine

s. 4

(a) the Board is satisfied that the chiropractor has satisfactorily completed a course of study or training

ts	in acupuncture that is approved by the
n	Board; or
e

(b) the chiropractor has passed an

m

u	examination relating to the practise of
c	acupuncture that is set by or on behalf
o	of the Board.".
D	(2) In section 8 of the Chiropractors Registration
ry	Act 1996, after "registration" (where twice
ta	occurring) insert "or endorsement of registration".
n	(3) In section 9 of the Chiropractors Registration
e	Act 1996—
m	(a) in sub-section (1) after "registration" (where
ia	twice occurring) insert "or endorsement of
rl	registration";
a
P	(b) in sub-section (2)(b)(ii) for "registration."

substitute "registration; or";

d

n	(c) after sub-section (2)(b) insert—
a
n	"(c) if the registration has been endorsed,
o	whether or not any conditions,
ti	limitations or restrictions have been
la	imposed on the endorsement and, if so,
is	the reasons for imposing the conditions,
g	limitations or restrictions; or
e	(d) if the endorsement of registration has
L	been refused—
n
a	(i) the reasons why it has been
ri	refused; and
to	(ii) a statement that the applicant has a
ic	right to obtain a review of the
V	decision to refuse to endorse the registration.".

Health Legislation (Further Amendment) Act 2003

Act No. 98/2003

Part 2—Chinese Medicine

s. 5

5. Endorsement of registration of dentists

Act No.

(1) For section 8A(1) of the Dental Practice Act

26/1999.

ts	1999 substitute—
n	"(1) The Board may endorse the registration of a
e	dental care provider (other than a registered
m	dental prosthetist) to the effect that the dental
u	care provider is qualified to be exempt with
c	respect to the practise of acupuncture from
o	section 61(1)(c) and (d) and (3) of the
D	Chinese Medicine Registration Act 2000
ry	if—

ta	(a)	the Board is satisfied that the dental
n	care provider has satisfactorily
e	completed a course of study or training
m	in acupuncture that is approved by the
ia	Board; or

rl	(b) the dental care provider has passed an
a	examination relating to the practise of
P	acupuncture that is set by or on behalf
d	of the Board.".
n
a	(2) In section 9 of the Dental Practice Act 1999,

after "registration" (where twice occurring) insert

n	"or endorsement of registration".
o
ti	(3) In section 10 of the Dental Practice Act 1999—
la	(a) in sub-section (1) after "registration" (where
is	twice occurring) insert "or endorsement of
g	registration";
e

L	(b)	in sub-section (2)(b)(ii) for "registration."
n	substitute "registration;";
a

ri	(c) after sub-section (2)(b) insert—
to	"(c) if the registration has been endorsed,
ic	whether or not any conditions,
V	limitations or restrictions have been imposed on the endorsement and, if so,

Health Legislation (Further Amendment) Act 2003

Act No. 98/2003

Part 2—Chinese Medicine

s. 6

the reasons for imposing the conditions,

limitations or restrictions;

ts	(d)	if the endorsement of registration has
n	been refused—

e	(i) the reasons why it has been
m	refused; and
u
c	(ii) a statement that the applicant has a
o	right to obtain a review of the
D	decision to refuse to endorse the
ry	registration.".
ta	6. Endorsement of registration of medical

practitioners

n

e	Act No.	(1) For section 9B(1) of the Medical Practice Act
23/1994.

m	1994 substitute—
ia	"(1) The Board may endorse the registration of a
rl	medical practitioner to the effect that the
a	medical practitioner is qualified to be exempt
P	with respect to the practise of acupuncture
d	from section 61(1)(c) and (d) and (3) of the
n	Chinese Medicine Registration Act 2000
a	if—
n	(a) the Board is satisfied that the medical
o
ti	practitioner has satisfactorily completed
la	a course of study or training in
acupuncture that is approved by the
is	Board; or
g
e	(b) the medical practitioner has passed an
L	examination relating to the practise of
n	acupuncture that is set by or on behalf
a
ri
of the Board.".

(2) In section 10 of the Medical Practice Act 1994,

to	after "registration" (where twice occurring) insert
ic	"or endorsement of registration".
V

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Act No. 98/2003

Part 2—Chinese Medicine

s. 7

(3) In section 11 of the Medical Practice Act 1994—

(a) in sub-section (1) after "registration" (where

ts	twice occurring) insert "or endorsement of
n	registration";
e	(b) in sub-section (2)(b)(ii) for "registration."
m	substitute "registration; or";
u
c	(c) after sub-section (2)(b) insert—
o
D	"(c) if the registration has been endorsed,

whether or not any conditions,

ry	limitations or restrictions have been
ta	imposed on the endorsement and, if so,
n	the reasons for imposing the conditions,
e	limitations or restrictions; or
m	(d) if the endorsement of registration has
ia	been refused—
rl	(i) the reasons why it has been
a
P	refused; and
d	(ii) a statement that the applicant has a
n	right to obtain a review of the
a	decision to refuse to endorse the
n	registration.".
o
ti	7. Notation of registration of nurses

la (1) For section 8A(1) of the Nurses Act 1993 Act No.
111/1993.

is	substitute—
g	"(1) The Board may note the registration of a
e	nurse to the effect that the nurse is qualified
L	to be exempt with respect to the practise of
n	acupuncture from section 61(1)(c) and (d)
a
ri	and (3) of the Chinese Medicine
Registration Act 2000 if—
to
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Act No. 98/2003

Part 2—Chinese Medicine

s. 7

(a) the Board is satisfied that the nurse has satisfactorily completed a course of study or training in acupuncture that is

ts	approved by the Board; or
n
e	(b) the nurse has passed an examination
m	relating to the practise of acupuncture
u	that is set by or on behalf of the
c	Board.".
o	(2) In section 10 of the Nurses Act 1993, after "or
D	endorsement" (where twice occurring) insert "or
ry	notation".
ta	(3) In section 11 of the Nurses Act 1993—
n	(a) in sub-section (1) after "or endorsement"
e	(where twice occurring) insert "or notation";
m
ia	(b) in sub-section (2)(d)(ii) for "registration."
rl	substitute "registration; or";
a	(c) after sub-section (2)(d) insert—
P

"(e) if the registration has been noted,

d	whether or not any conditions,
n
a	limitations or restrictions have been imposed on the notation and, if so, the
n	reasons for imposing the conditions,
o
ti	limitations or restrictions; or
la	(f) if the notation of registration has been
is	refused—
g	(i) the reasons why it has been
e	refused; and
L

(ii) a statement that the applicant has a

n

a	right to obtain a review of the
ri	decision to refuse to note the
to	registration.".
ic
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Health Legislation (Further Amendment) Act 2003

Act No. 98/2003

Part 2—Chinese Medicine

s. 8

8. Notation of registration of optometrists

Act No.

(1) For section 8A(1) of the Optometrists

56/1996.

ts	Registration Act 1996 substitute—
n	"(1) The Board may note the registration of an
e	optometrist to the effect that the optometrist
m	is qualified to be exempt with respect to the
u	practise of acupuncture from section 61(1)(c)
c	and (d) and (3) of the Chinese Medicine
o	Registration Act 2000 if—
D

(a) the Board is satisfied that the

ry	optometrist has satisfactorily completed
ta	a course of study or training in
n	acupuncture that is approved by the
e	Board; or
m	(b) the optometrist has passed an
ia	examination relating to the practise of
rl	acupuncture that is set by or on behalf
a	of the Board.".
P

(2) In section 9 of the Optometrists Registration

d

n	Act 1996, after "registration" (where twice
a	occurring) insert "or notation of registration".
n	(3) In section 10 of the Optometrists Registration
o
ti	Act 1996—
la	(a) in sub-section (1) after "registration" (where

twice occurring) insert "or notation of

is	registration";
g
e	(b) in sub-section (2)(b)(ii) for "registration."
L	substitute "registration; or";
n	(c) after sub-section (2)(b) insert—
a
ri	"(c) if the registration has been noted,
to	whether or not any conditions,
limitations or restrictions have been
ic	imposed on the notation and, if so, the
V	reasons for imposing the conditions, limitations or restrictions; or

Health Legislation (Further Amendment) Act 2003

Act No. 98/2003

Part 2—Chinese Medicine

s. 9

(d) if the notation of registration has been refused—

ts	(i)	the reasons why it has been
n	refused; and

e	(ii) a statement that the applicant has a
m	right to obtain a review of the
u	decision to refuse to note the
c	registration.".
o
D	9. Endorsement of registration of osteopaths

ry	Act No.	(1) For section 7A(1) of the Osteopaths Registration
75/1996.

ta	Act 1996 substitute—
n	"(1) The Board may endorse the registration of an
e	osteopath to the effect that the osteopath is
m	qualified to be exempt with respect to the
ia	practise of acupuncture from section 61(1)(c)
rl	and (d) and (3) of the Chinese Medicine
a	Registration Act 2000 if—

P	(a)	the Board is satisfied that the osteopath
d	has satisfactorily completed a course of
n	study or training in acupuncture that is
a	approved by the Board; or

n	(b) the osteopath has passed an
o
ti	examination relating to the practise of
la	acupuncture that is set by or on behalf
is	of the Board.".

(2) In section 8 of the Osteopaths Registration Act

g

e	1996, after "registration" (where twice occurring)
L	insert "or endorsement of registration".
n	(3) In section 9 of the Osteopaths Registration Act
a
ri	1996—
to	(a) in sub-section (1) after "registration" (where

twice occurring) insert "or endorsement of

ic	registration";
V

Health Legislation (Further Amendment) Act 2003

Act No. 98/2003

Part 2—Chinese Medicine

s. 10

(b) in sub-section (2)(b)(ii) for "registration." substitute "registration; or";

ts	(c) after sub-section (2)(b) insert—
n
e	"(c) if the registration has been endorsed,

whether or not any conditions,

m

u	limitations or restrictions have been
c	imposed on the endorsement and, if so,
o	the reasons for imposing the conditions,
D	limitations or restrictions; or

ry	(d)	if the endorsement of registration has
ta	been refused—

n	(i) the reasons why it has been
e	refused; and
m	(ii) a statement that the applicant has a
ia	right to obtain a review of the
rl	decision to refuse to endorse the
a	registration.".
P

10. Endorsement of registration of pharmacists

d	Act No. 8593.
n	(1) For section 16A(1) of the Pharmacists Act 1974
a	substitute—
n	"(1) The Board may endorse the registration of a
o
ti	pharmacist to the effect that the pharmacist is
qualified to be exempt with respect to the
la	dispensing of Chinese herbs from section
is	61(1)(c) and (d) and (4) of the Chinese
g	Medicine Registration Act 2000 if—
e
L	(a) the Board is satisfied that the
n	pharmacist has satisfactorily completed
a	a course of study or training in the
ri	dispensing of Chinese herbs that is
to	approved by the Board; or
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Health Legislation (Further Amendment) Act 2003

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Part 2—Chinese Medicine

s. 10

(b)

the pharmacist has passed an of Chinese herbs that is set by or on

ts	behalf of the Board.".
n
e	(2) After section 16A(6) of the Pharmacists Act
m	1974 insert—
u	"(7) If the Board is proposing to refuse an
c	application for endorsement of registration
o	under sub-section (1) or to impose
D	conditions, limitations or restrictions on the
ry	endorsement the Board must not do so until
ta	it has given the applicant—
n	(a) notice of the proposal; and
e	(b) a reasonable opportunity to make
m	submissions to the Board about the
ia
rl	proposal.
a	(8) Upon determining an application for
P	endorsement of registration under sub- section (1), the Board must notify the
d
n	applicant as to whether or not endorsement
a	of registration has been granted to the applicant.
n
o	(9) A notice under sub-section (8) must include
ti	the following information—
la	(a) if the registration has been endorsed,
is	whether or not any conditions,
g	limitations or restrictions have been
e	imposed on the endorsement and, if so,
L	the reasons for imposing the conditions,
n	limitations or restrictions;
a
ri	(b) if the endorsement of registration has
to	been refused the reasons why it has
ic	been refused and a statement that the
applicant has a right to obtain a review
V	of the decision to refuse to endorse the registration.".

Health Legislation (Further Amendment) Act 2003

Act No. 98/2003

Part 2—Chinese Medicine

s. 11

11. Endorsement of registration of physiotherapists

Act No.

(1) For section 7A(1) of the Physiotherapists

55/1998.

ts	Registration Act 1998 substitute—
n	"(1) The Board may endorse the registration of a
e	physiotherapist to the effect that the
m	physiotherapist is qualified to be exempt
u	with respect to the practise of acupuncture
c	from section 61(1)(c) and (d) and (3) of the
o	Chinese Medicine Registration Act 2000
D	if—
ry	(a) the Board is satisfied that the
ta	physiotherapist has satisfactorily
n	completed a course of study or training
e	in the practise of acupuncture that is
m	approved by the Board; or
ia	(b) the physiotherapist has passed an
rl	examination relating to the practise of
a	acupuncture that is set by or on behalf
P	of the Board.".
d	(2) In section 8(1) of the Physiotherapists
n
a	Registration Act 1998, after "registration" (where twice occurring) insert "or endorsement of
n	registration".
o
ti	(3) In section 9 of the Physiotherapists Registration
la	Act 1998—
is	(a) in sub-section (1) after "registration" (where
g	twice occurring) insert "or endorsement of
e
L	registration";

(b) in sub-section (2)(b)(ii) for "registration."

n

substitute "registration; or";

a
ri

to	(c) after sub-section (2)(b) insert—
ic	"(c) if the registration has been endorsed,
V	whether or not any conditions, limitations or restrictions have been

Health Legislation (Further Amendment) Act 2003

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Part 2—Chinese Medicine

s. 11

imposed on the endorsement and, if so, the reasons for imposing the conditions,

ts	limitations or restrictions; or
n	(d) if the endorsement of registration has
e	been refused—
m	(i) the reasons why it has been
u	refused; and
c
o	(ii) a statement that the applicant has a
D	right to obtain a review of the decision to refuse to endorse the
ry	registration.".
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Health Legislation (Further Amendment) Act 2003

Act No. 98/2003

Part 3—Repeal and Other Amendments

s. 12

PART 3—REPEAL AND OTHER AMENDMENTS

ts	12. Health records—Commonwealth agencies
n	See:

(1) After section 10(4) of the Health Records Act 2001 insert—

e	Act No.
2/2001
m	and

u	"(5) Despite sub-sections (1) and (2), nothing in	amending
Act Nos
c	this Act applies to an agency within the	27/2001,
o	meaning of the Privacy Act 1988 of the	14/2002 and
D	52/2003.
Commonwealth.".	LawToday:
ry

(2) After section 11(3) of the Health Records Act dpc.vic.

ta	2001 insert—	gov.au
n	"(4) Despite sub-section (1), nothing in this Act

e	applies to an agency within the meaning of
m	the Privacy Act 1988 of the
ia	Commonwealth.".
rl	13. New section 134O inserted in Health Services Act
a	Act No.
P	After section 134N of the Health Services Act

49/1988.

d	1988 insert—
n	"134O. HPV—trade practices
a
(1) Any act or thing of or relating to HPV in carrying
n	out its functions or exercising its powers under
o
ti	this Part is authorised for the purposes of Part IV
la	of the Trade Practices Act 1974 of the Commonwealth and the Competition Code within
is	the meaning of the Competition Policy Reform
g	(Victoria) Act 1995.
e
L	(2) Any act or thing of or relating to a public hospital
n	or a member of a board of a public hospital or a
a	person who is engaged or employed by a public
ri	hospital in complying with an HPV direction or a
to	purchasing policy of HPV under this Part or in
ic	relation to the purchase by, or supply to, a public
hospital of goods or services in accordance with
V	this Part is authorised for the purposes of Part IV

Health Legislation (Further Amendment) Act 2003

Act No. 98/2003

Part 3—Repeal and Other Amendments

s. 14

of the Trade Practices Act 1974 of the the meaning of the Competition Policy Reform

ts	(Victoria) Act 1995.".
n
e	14. Repeal of Pathology Services Accreditation Act 1984

m Act No. 10083. (1) The Pathology Services Accreditation Act 1984

u	is repealed.
c
o	(2) Despite section 13(1) of the Pathology Services
D	Accreditation Act 1984, a person who applied for accreditation with respect to any period
ry	commencing on or after 1 July 2003 is not liable
ta	to pay the fee required by that sub-section.
n	(3) Despite section 16 of the Pathology Services
e	Accreditation Act 1984, a person who applied for
m	renewal of accreditation with respect to any period
ia	commencing on or after 1 July 2003 is not liable
rl	to pay the fee required by that section.
a
P	(4) Despite section 18A(3) of the Pathology Services Accreditation Act 1984, a person who applied for
d
n	a pathology service to again be deemed to be
a	accredited with respect to any period commencing on or after 1 July 2003 is not liable to pay the fee
n	required by that sub-section.
o
ti	(5) The Secretary within the meaning of the Health
la	Act 1958 must ensure that any fees are refunded
is	to a person who, before the repeal of that Act,
g	paid for an application under section 13(1), 16 or
e	18A(3) of the Pathology Services Accreditation
L	Act 1984 if the application was made with respect
n	to any period of accreditation, renewal of
a	accreditation or deemed accreditation
ri	commencing on or after 1 July 2003.
to
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Part 3—Repeal and Other Amendments

s. 15

15. Minor amendments

(1) In the Medical Practice Act 1994—

ts	(a) in section 3(1), in paragraph (k) of the
n	definition of "unprofessional conduct" for
e	"performance." substitute "performance;";
m	(b) in the heading to section 29, omit "29."
u
c	(where first occurring);
o	(c) in the heading to section 39, omit "39."
D	(where first occurring);
ry	(d) in the heading to section 46, omit "46."
ta	(where first occurring);
n	(e) in the heading to section 57, omit "57."
e	(where first occurring);
m
ia	(f) in the heading to section 58, omit "58."
rl	(where first occurring);
a	(g) in section 93A(1)(b) for "complaint"
P	substitute "matter in a notification".
d	(2) In section 93(2)(b) of the Osteopaths
n	Registration Act 1996 for "accordance this
a	section" substitute "accordance with this section".
n
o
ti

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Health Legislation (Further Amendment) Act 2003

Act No. 98/2003

Endnotes

ENDNOTES

ts †

Minister's second reading speech—

n	Legislative Assembly: 29 October 2003
e
Legislative Council: 25 November 2003
m
u	The long title for the Bill for this Act was "to amend various Acts relating
c	to the registration of health practitioners and the Health Records Act
o	2001 and the Health Services Act 1988 and to repeal the Pathology
D	Services Accreditation Act 1984 and for other purposes."
ry
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