Health Legislation (Miscellaneous Amendments) Act 2005 (Vic)
Health Legislation (Miscellaneous Amendments) Act 2005
Act No. 42/2005
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY
1.Purpose
2.Commencement
PART 2—CEMETERIES AND CREMATORIA ACT 2003
3.Fees of cemetery trusts
4.Interment approval fees
5.Orders about deceased poor persons
6.Application for exhumation licence
7.New section 158A inserted
158A.False statements
PART 3—HEALTH SERVICES ACT 1988
8.Health service agreements
9.Interim funding statements
10.Annual meetings of public hospitals
11.Directors of boards of health services
12.Annual meetings of public health services
13.Exemptions from HPV purchasing policies
14.New section 134D substituted
134D.Members of HPV
PART 4—MENTAL HEALTH ACT 1986
15.Involuntary treatment orders
16.New sections 12 and 12AA substituted
12.Involuntary treatment orders—persons in the
community12AA.Involuntary treatment orders—persons in approved mental health services
17.Consequential amendments
18.Treatment plans
19.Special leave
PART 5—HEALTH PRACTITIONER ACTS
Division 1—Chinese Medicine Registration Act 2000
20.New section 50A inserted
50A.Agreements to amend, vary or revoke conditions or revoke suspensions
21.Claims as to registration
22.Chinese Medicine Registration Board
23.New Schedule substituted
Division 2—Chiropractors Registration Act 1996
24.Registration
25.Board and panels
26.New section 51A inserted and consequential repeal
51A.Agreements to amend, vary or revoke conditions or revoke suspensions
27.New section 99 inserted
99.Transitional—panels
Division 3—Dental Practice Act 1999
28.Registration
29.New section 49A inserted and consequential repeal
49A.Agreements to amend, vary or revoke conditions or revoke suspensions
Division 4—Medical Practice Act 1994
30.Board
Division 5—Nurses Act 1993
31.Registration
32.New section 49C inserted and consequential repeal
49C.Agreements to amend, vary or revoke conditions or revoke suspensions
Division 6—Optometrists Registration Act 1996
33.Registration
34.Board and panels
35.New section 52A inserted and consequential repeal
52A.Agreements to amend, vary or revoke conditions or revoke suspensions
36.New section 100 substituted and consequential amendment
100.Transitional—panels
Division 7—Osteopaths Registration Act 1996
37.Registration
38.Board and panels
39.New section 51A inserted and consequential repeal
51A.Agreements to amend, vary or revoke conditions or revoke suspensions
40.New section 95 substituted
95.Transitional—panels
Division 8—Physiotherapists Registration Act 1998
41.Registration
42.Board and panels
43.New section 50A inserted and consequential repeal
50A.Agreements to amend, vary or revoke conditions or revoke suspensions
44.New section 96 inserted
96.Transitional—panels
Division 9—Podiatrists Registration Act 1997
45.Registration
46.Board and panels
47.New section 51A inserted and consequential repeal
51A.Agreements to amend, vary or revoke conditions or revoke suspensions
48.New section 97 substituted
97.Transitional—panels
Division 10—Psychologists Registration Act 2000
49.The Board
50.New section 54A inserted and consequential repeal
54A.Agreements to amend, vary or revoke conditions or revoke suspensions
PART 6—MISCELLANEOUS AMENDMENTS
51.Building Act 1993
52.Health Act 1958
53.Veterinary Practice Act 1997—new section 50A
50A.Agreements to amend, vary or revoke conditions or revoke suspensions
54.Veterinary Practice Act 1997—Board members
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ENDNOTES
Health Legislation (Miscellaneous Amendments) Act 2005
[Assented to 2 August 2005]
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1.Purpose
The main purpose of this Act is to amend the Cemeteries and Crematoria Act 2003, the Health Services Act 1988, the Mental Health Act 1986, various health practitioner regulation Acts and the Veterinary Practice Act 1997 and for other purposes.
2.Commencement
This Act comes into operation on the day after the day on which it receives the Royal Assent.
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PART 2—CEMETERIES AND CREMATORIA ACT 2003
3.Fees of cemetery trusts
(1)In section 43 of the Cemeteries and Crematoria Act 2003—
(a)in sub-section (1)(b) omit "the increase in";
(b)for sub-section (3)(c) substitute—
"(c)applies to cemetery trusts and cemetery trust fees in accordance with the declaration.".
(2)After section 43(2) of the Cemeteries and Crematoria Act 2003 insert—
"(2A)A declaration under sub-section (2) may provide that this section does not apply to—
(a)a specified cemetery trust or specified cemetery trusts;
(b)specified cemetery trust fees of cemetery trusts generally;
(c)specified cemetery trust fees of a specified cemetery trust or specified cemetery trusts.".
4.Interment approval fees
In section 121(2)(b) of the Cemeteries and Crematoria Act 2003 after "fee" insert
"(if any)".
5.Orders about deceased poor persons
In sections 142, 143(1), 143(2) and 144 of the Cemeteries and Crematoria Act 2003 after "Magistrates' Court" insert "or a coroner appointed under the Coroners Act 1985".
6.Application for exhumation licence
After section 156(2) of the Cemeteries and Crematoria Act 2003 insert—
"(3)An application for an exhumation licence must also be accompanied by one of the following—
(a)a notice under section 37(2) of the Births, Deaths and Marriages Registration Act 1996;
(b)a certificate in the form prescribed under section 23 of the Coroners Act 1985;
(c)if the deceased died in another State or Territory of the Commonwealth or overseas, a document corresponding to a notice under section 37(2) of the Births, Deaths and Marriages Registration Act 1996 from the jurisdiction where the deceased died;
(d)if the licence is for a stillborn child—
(i)a notice of still-birth under the Births, Deaths and Marriages Registration Act 1996; or
(ii)if the still-birth occurred in another State or Territory of the Commonwealth or overseas, a document corresponding to a notice of still-birth under the Births, Deaths and Marriages Registration Act 1996 from the jurisdiction where the still-birth occurred;
(e)a statutory declaration made by the applicant stating that owing to special circumstances, it is not possible to produce the required documents referred to in paragraph (a), (c) or (d).".
7.New section 158A inserted
After section 158 of the Cemeteries and Crematoria Act 2003 insert—
"158A.False statements
A person must not knowingly make a false statement in an application for an exhumation licence under this Part.
Penalty:240 penalty units or 2 years imprisonment or both.".
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PART 3—HEALTH SERVICES ACT 1988
8.Health service agreements
After section 26(4) of the Health Services Act 1988 insert—
"(4A)A health service agreement entered into by a denominational hospital or a public health service is not required to specify particulars of any matters that are, or are to be, specified in a statement of priorities that has been, or will be, agreed to or made in relation to the hospital or health service under this Act for the financial year that the health service agreement is made in respect of.".
9.Interim funding statements
(1)In section 27(1) of the Health Services Act 1988 for "must issue" substitute "may issue".
(2)After section 27(1) of the Health Services Act 1988 insert—
"(1A)The Minister is not required to issue an interim funding statement under sub-section (1) for a denominational hospital or a public health service in relation to a financial year if a statement of priorities has been agreed to or made in relation to the hospital or health service under this Act in respect of that financial year.".
10.Annual meetings of public hospitals
In section 36(1) of the Health Services Act 1988 for "October" substitute "December".
11.Directors of boards of health services
In section 65U(2) of the Health Services Act 1988 for "3 consecutive terms" substitute "9 consecutive years".
12.Annual meetings of public health services
In section 65ZG(1) of the Health Services Act 1988 for "October" substitute "December".
13.Exemptions from HPV purchasing policies
In section 134A of the Health Services Act 1988 after "policy" insert "or part of a purchasing policy".
14.New section 134D substituted
For section 134D of the Health Services Act 1988 substitute—
"134D.Members of HPV
(1)HPV consists of the following members appointed by the Governor in Council on the recommendation of the Minister—
(a)a chairperson who, in the Minister's opinion has knowledge of or experience in purchasing, logistics or supply chain management;
(b)the chief executive officer of a public health service (other than a public hospital referred to in paragraph (c)(ii));
(c)the chief executive officer of a public hospital that—
(i)is listed in Schedule 1; or
(ii)was an old public hospital within the meaning of section 232 and became a public health service on or after 1 July 2004;
(d)a person employed in the Department who is nominated by the Secretary to the Department;
(e)a person employed in the Department administered by the Treasurer who is nominated by the Secretary to that Department;
(f)between 3 and 7 people who, in the opinion of the Minister, have knowledge, skills or experience relevant to the functions of HPV.
(2)In making recommendations for appointment to the Governor in Council, the Minister must ensure that HPV has—
(a)adequate knowledge and understanding of the operations and perspectives of rural and metropolitan public health services and hospitals; and
(b)expertise in financial management.
(3)The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a member in respect of the office of member.
(4)Despite the reconstitution of the membership of HPV under section 14 of the Health Legislation (Miscellaneous Amendments) Act 2005—
(a)HPV is deemed to be the same body after as before its reconstitution under that section; and
(b)a person who was a member of HPV immediately before the commencement of that section continues to be a member of HPV subject to and in accordance with this Act.".
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PART 4—MENTAL HEALTH ACT 1986
15.Involuntary treatment orders
In section 9(5)(a) of the Mental Health Act 1986 after "by a" insert "registered medical practitioner employed by an approved mental health service
or a".
16.New sections 12 and 12AA substituted
For sections 12 and 12AA of the Mental Health Act 1986 substitute—
"12.Involuntary treatment orders—persons in the community
(1)This section applies if—
(a)a request and recommendation have been made for a person; and
(b)a registered medical practitioner employed by an approved mental health service or a mental health practitioner has assessed the person in accordance with the request and recommendation.
(2)The practitioner must—
(a)take the person, or arrange for the person to be taken, to an appropriate approved mental health service; or
(b)make an involuntary treatment order for the person.
(3)The practitioner must have regard to the criteria in section 8(1) in deciding what action to take under sub-section (2).
(4)An involuntary treatment order under this section must be in the prescribed form and contain the prescribed particulars.
(5)If the practitioner makes an involuntary treatment order for a person but does not consider that—
(a)the criteria in section 8(1) apply to the person; or
(b)an involuntary treatment order should be made for the person—
the practitioner must notify the authorised psychiatrist of the appropriate approved mental health service as soon as practicable.
(6)At any time after an involuntary treatment order is made for a person under this section, but before the authorised psychiatrist examines the person under section 12AC, a registered medical practitioner employed by an approved mental health service or a mental health practitioner may take the person, or arrange for the person to be taken, to an appropriate approved mental health service if the practitioner considers it necessary to do so.
(7)If a person is taken to an approved mental health service under sub-section (6), the involuntary treatment order is sufficient authority for the detention of the person in the approved mental health service until the authorised psychiatrist examines him or her under section 12AC.
12AA.Involuntary treatment orders—persons in approved mental health services
(1)This section applies if—
(a)a request and recommendation have been made for a person; and
(b)the person has been taken to, or is in, an approved mental health service.
(2)A registered medical practitioner employed by the approved mental health service or a mental health practitioner must make an involuntary treatment order for the person.
(3)An involuntary treatment order under this section must be in the prescribed form and contain the prescribed particulars.
(4)An involuntary treatment order made for a person in accordance with this section is sufficient authority for the detention of the person in an approved mental health service.
(5)A registered medical practitioner employed by the approved mental health service or a mental health practitioner may release a person from detention under sub-section (4) to await the examination by the authorised psychiatrist under section 12AC if the practitioner has—
(a)had regard to the criteria in section 8(1); and
(b)consulted with the authorised psychiatrist.
(6)If the practitioner makes an involuntary treatment order for a person but does not consider that—
(a)the criteria in section 8(1) apply to the person; or
(b)an involuntary treatment order should be made for the person—
the practitioner must notify the authorised psychiatrist of the appropriate approved mental health service as soon as practicable.
(7)At any time after an involuntary treatment order is made for a person under this section for a person who is not detained in an approved mental health service, but before the authorised psychiatrist examines the person under section 12AC, a registered medical practitioner employed by an approved mental health service or a mental health practitioner may take the person, or arrange for the person to be taken, to an appropriate approved mental health service if the practitioner considers it necessary to do so.
(8)If a person is taken to an approved mental health service under sub-section (7), the involuntary treatment order is sufficient authority for the detention of the person in the approved mental health service until the authorised psychiatrist examines him or her under section 12AC.".
17.Consequential amendments
In section 12AC of the Mental Health Act 1986 for "12AA(5)" substitute "12AA(6)".
18.Treatment plans
For section 19A(6) of the Mental Health Act 1986 substitute—
"(6)The authorised psychiatrist must ensure that—
(a)the patient is given a copy of his or her treatment plan and any revisions to it; and
(b)the treatment plan is discussed with the patient by a registered medical practitioner, the patient's case manager or any member of a prescribed class of person.".
19.Special leave
For section 52(7)(a) of the Mental Health Act 1986 substitute—
"(a)cannot exceed—
(i)7 days in the case of special leave of absence for medical treatment; or
(ii)24 hours in any other case; and".
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PART 5—HEALTH PRACTITIONER ACTS
Division 1—Chinese Medicine Registration Act 2000
20.New section 50A inserted
(1)After section 50 of the Chinese Medicine Registration Act 2000 insert—
"50A.Agreements to amend, vary or revoke conditions or revoke suspensions
(1)The Board may, if the registered practitioner so agrees—
(a)amend, vary or revoke any condition imposed on the practitioner's registration by the Board without conducting an informal or formal hearing; or
(b)revoke a suspension of the practitioner's registration and impose a condition on the registration; or
(c)revoke a suspension of the practitioner's registration if the practitioner satisfies the Board that his or her ability to practise is no longer affected.
(2)If the Board and the registered practitioner fail to agree under sub-section (1), the Board may refer the matter to a formal hearing.".
(2)Section 35 of the Chinese Medicine Registration Act 2000 is repealed.
21.Claims as to registration
In section 61(11) of the Chinese Medicine Registration Act 2000—
(a) omit "as in force at the commencement of section 111";
(b)for "by the Board established under that Act" substitute "under the section of the relevant Act specified in the Schedule".
22.Chinese Medicine Registration Board
After section 70(3) of the Chinese Medicine Registration Act 2000 insert—
"(4)Despite sub-section (1) and anything to the contrary in the member's instrument of appointment, a member may, with the consent of the Minister, continue to hold office at the end of his or her appointment for a period not exceeding 3 months to enable the vacancy in the member's office to be filled.".
23.New Schedule substituted
For the Schedule to the Chinese Medicine Registration Act 2000 substitute—
"SCHEDULE
1.Chiropractors Registration Act 1996, section 7A
2.Dental Practice Act 1999, section 8A
3.Medical Practice Act 1994, section 9B
4.Nurses Act 1993 , section 8A
5.Optometrists Registration Act 1996 , section 8A
6.Osteopaths Registration Act 1996, section 7A
7.Pharmacy Practice Act 2004, section 11
8.Physiotherapists Registration Act 1998, section 7A.".
Division 2—Chiropractors Registration Act 1996
24.Registration
(1)In section 3 of the Chiropractors Registration Act 1996 insert the following definition—
' "professional indemnity insurance" includes insurance against civil liability in connection with the provision of chiropractic services by a registered chiropractor and an agreement or arrangement for discretionary indemnity in respect of that liability;'.
(2)After section 6(2)(g) of the Chiropractors Registration Act 1996 insert—
"(ga)that, in the opinion of the Board, the chiropractor does not have adequate arrangements for professional indemnity insurance that meet the minimum terms and conditions set out in the guidelines of the Board;".
(3)After section 6(3) of the Chiropractors Registration Act 1996 insert—
"(3A)Without limiting the Board's powers under sub-section (3), it may impose a condition—
(a)that—
(i)the chiropractor must hold professional indemnity insurance; or
(ii)the chiropractic services provided by the chiropractor must be covered by professional indemnity insurance; or
(iii)the chiropractor must be specified or referred to in professional indemnity insurance, whether by name or otherwise, as a person to whom the professional indemnity insurance extends even though the chiropractor is not a party to the professional indemnity insurance; and
(b)that the professional indemnity insurance must meet the minimum terms and conditions set out in the guidelines of the Board.
(3B)If the applicant's arrangements satisfy the minimum terms and conditions set out in the guidelines of the Board, the Board must not—
(a)refuse to grant registration on the basis that the chiropractor's arrangements for professional indemnity insurance are in the form of insurance or a discretionary indemnity; or
(b)impose a condition on the registration of a chiropractor to require that the chiropractor's arrangements for professional indemnity insurance must be in the form of insurance or a discretionary indemnity.".
(4)In section 6(4) of the Chiropractors Registration Act 1996 after "(3)" insert "or (3A)".
(5)After section 7(1)(b) of the Chiropractors Registration Act 1996 insert—
"(ba)if the Board is satisfied that, in order to meet an identified need for a chiropractor, it is necessary for a person having qualifications and training in the nature of the applicant's to practise as a chiropractor in Victoria; or".
25.Board and panels
(1)For section 36(2) of the Chiropractors Registration Act 1996 substitute—
"(2)If—
(a)the Board is unable to appoint a panel because there are not enough members available to sit on it; or
(b)the Board is of the opinion that a person with special expertise is required for the hearing—
the President or, in the absence of the President, the Deputy President may fill the vacant positions on the panel by appointing persons who are not members of the Board from a list of persons approved by the Governor in Council under sub-section (2A).
(2A)The Governor in Council, on the recommendation of the Minister, may approve persons who are not members of the Board to be available to be appointed to a panel under sub-section (2).".
(2)For section 43(2) of the Chiropractors Registration Act 1996 substitute—
"(2)If—
(a)the Board is unable to appoint a panel because there are not enough members available to sit on it; or
(b)the Board is of the opinion that a person with special expertise is required for the hearing—
the President or, in the absence of the President, the Deputy President may fill the vacant positions on the panel by appointing persons who are not members of the Board from a list of persons approved by the Governor in Council under sub-section (2A).
(2A)The Governor in Council, on the recommendation of the Minister, may approve persons who are not members of the Board to be available to be appointed to a panel under sub-section (2).".
(3)After section 62(1)(e) of the Chiropractors Registration Act 1996 insert—
"(ea)to issue and publish guidelines about the minimum terms and conditions of professional indemnity insurance for registered chiropractors;".
(4)After section 64(3) of the Chiropractors Registration Act 1996 insert—
"(4)Despite sub-section (1) and anything to the contrary in the member's instrument of appointment, a member may, with the consent of the Minister, continue to hold office at the end of his or her appointment for a period not exceeding 3 months to enable the vacancy in the member's office to be filled.".
26.New section 51A inserted and consequential repeal
(1)After section 51 of the Chiropractors Registration Act 1996 insert—
"51A.Agreements to amend, vary or revoke conditions or revoke suspensions
(1)The Board may, if the registered chiropractor so agrees—
(a)amend, vary or revoke any condition imposed on the chiropractor's registration by the Board without conducting an informal or formal hearing; or
(b)revoke a suspension of the chiropractor's registration and impose a condition on the registration; or
(c)revoke a suspension of the chiropractor's registration if the chiropractor satisfies the Board that his or her ability to practise as a chiropractor is no longer affected.
(2)If the Board and the registered chiropractor fail to agree under sub-section (1), the Board may refer the matter to a formal hearing.".
(2)Section 33 of the Chiropractors Registration Act 1996 is repealed.
27.New section 99 inserted
After section 98 of the Chiropractors Registration Act 1996 insert—
"99.Transitional—panels
The President or, in the absence of the President, the Deputy President may fill the vacant positions on the panel by appointing persons who are not members of the Board from a list of persons approved, before the date of commencement of section 25 of the Health Legislation (Miscellaneous Amendments) Act 2005, by the Governor in Council under any of the following provisions—
(a)section 38(4) or 45(4) of the Chinese Medicine Registration Act 2000;
(b)section 37(4) or 44(4) of the Dental Practice Act 1999;
(c)section 40(4) or 47(4) of the Medical Practice Act 1994;
(d)section 38(4) or 45(4) of the Nurses Act 1993;
(e)section 38(4) or 45(4) of the Psychologists Registration Act 2000.".
Division 3—Dental Practice Act 1999
28.Registration
(1)After section 7(1)(b) of the Dental Practice Act 1999 insert—
"(ba)if the Board is satisfied that, in order to meet an identified need for a dental care provider, it is necessary for a person having qualifications and training in the nature of the applicant's to practise as a dental care provider in Victoria; or".
(2)After section 71(3) of the Dental Practice Act 1999 insert—
"(4)Despite sub-section (1) and anything to the contrary in the member's instrument of appointment, a member may, with the consent of the Minister, continue to hold office at the end of his or her appointment for a period not exceeding 3 months to enable the vacancy in the member's office to be filled.".
29.New section 49A inserted and consequential repeal
(1)After section 49 of the Dental Practice Act 1999 insert—
"49A.Agreements to amend, vary or revoke conditions or revoke suspensions
(1)The Board may, if the registered dental care provider or dental student so agrees—
(a)amend, vary or revoke any condition imposed on the dental care provider's or dental student's registration by the Board without conducting an informal or formal hearing; or
(b)revoke a suspension of the dental care provider's or dental student's registration and impose a condition on the registration; or
(c)revoke a suspension of the dental care provider's registration if the dental care provider satisfies the Board that his or her ability to practise as a dental care provider is no longer affected; or
(d)revoke a suspension of the dental student's registration if the dental student satisfies the Board that his or her ability to undertake a course of study or supervised training as a dental student is no longer affected.
(2)If the Board and the registered dental care provider or dental student fail to agree under sub-section (1), the Board may refer the matter to a formal hearing.".
(2)Section 34 of the Dental Practice Act 1999 is repealed.
Division 4—Medical Practice Act 1994
30.Board
After section 68(3) of the Medical Practice Act 1994 insert—
"(4)Despite sub-section (1) and anything to the contrary in the member's instrument of appointment, a member may, with the consent of the Minister, continue to hold office at the end of her or his appointment for a period not exceeding 3 months to enable the vacancy in the member's office to be filled.".
Division 5—Nurses Act 1993
31.Registration
(1)After section 8(1)(b) of the Nurses Act 1993 insert—
"(ba)if the Board is of the opinion that, in order to meet an identified need for a nurse, it is necessary for a person having qualifications and training in the nature of the applicant's to practise as a nurse in Victoria; or".
(2)After section 68(3) of the Nurses Act 1993 insert—
"(4)Despite sub-section (1) and anything to the contrary in the member's instrument of appointment, a member may, with the consent of the Minister, continue to hold office at the end of her or his appointment for a period not exceeding 3 months to enable the vacancy in the member's office to be filled.".
32.New section 49C inserted and consequential repeal
(1)After section 49B of the Nurses Act 1993 insert—
"49C.Agreements to amend, vary or revoke conditions or revoke suspensions
(1)The Board may, if the registered nurse so agrees—
(a)amend, vary or revoke any condition imposed on the nurse's registration by the Board without conducting an informal or formal hearing; or
(b)revoke a suspension of the nurse's registration and impose a condition on the registration; or
(c)revoke a suspension of the nurse's registration if the nurse satisfies the Board that her or his ability to practise as a nurse is no longer affected.
(2)If the Board and the registered nurse fail to agree under sub-section (1), the Board may refer the matter to a formal hearing.".
(2)Section 33 of the Nurses Act 1993 is repealed.
Division 6—Optometrists Registration Act 1996
33.Registration
(1)In section 3 of the Optometrists Registration Act 1996 insert the following definition—
' "professional indemnity insurance" includes insurance against civil liability in connection with the provision of optometry services by a registered optometrist and an agreement or arrangement for discretionary indemnity in respect of that liability;'.
(2)After section 7(2)(g) of the Optometrists Registration Act 1996 insert—
"(ga)that, in the opinion of the Board, the optometrist does not have adequate arrangements for professional indemnity insurance that meet the minimum terms and conditions set out in the guidelines of the Board;".
(3)After section 7(3) of the Optometrists Registration Act 1996 insert—
"(3A)Without limiting the Board's powers under sub-section (3), it may impose a condition—
(a)that—
(i)the optometrist must hold professional indemnity insurance; or
(ii)the optometry services provided by the optometrist must be covered by professional indemnity insurance; or
(iii)the optometrist must be specified or referred to in professional indemnity insurance, whether by name or otherwise, as a person to whom the professional indemnity insurance extends even though the optometrist is not a party to the professional indemnity insurance; and
(b)that the professional indemnity insurance must meet the minimum terms and conditions set out in the guidelines of the Board.
(3B)If the applicant's arrangements satisfy the minimum terms and conditions set out in the guidelines of the Board, the Board must not—
(a)refuse to grant registration on the basis that the optometrist's arrangements for professional indemnity insurance are in the form of insurance or a discretionary indemnity; or
(b)impose a condition on the registration of an optometrist to require that the optometrist's arrangements for professional indemnity insurance must be in the form of insurance or a discretionary indemnity.".
(4)In section 7(4) of the Optometrists Registration Act 1996 after "(3)" insert "or (3A)".
(5)After section 8(1)(b) of the Optometrists Registration Act 1996 insert—
"(ba)if the Board is satisfied that, in order to meet an identified need for an optometrist, it is necessary for a person having qualifications and training in the nature of the applicant's to practise as an optometrist in Victoria; or".
34.Board and panels
(1)For section 38(2) of the Optometrists Registration Act 1996 substitute—
"(2)If—
(a)the Board is unable to appoint a panel because there are not enough members available to sit on it; or
(b)the Board is of the opinion that a person with special expertise is required for the hearing—
the President or, in the absence of the President, the Deputy President may fill the vacant positions on the panel by appointing persons who are not members of the Board from a list of persons approved by the Governor in Council under sub-section (2A).
(2A)The Governor in Council, on the recommendation of the Minister, may approve persons who are not members of the Board to be available to be appointed to a panel under sub-section (2).".
(2)For section 45(2) of the Optometrists Registration Act 1996 substitute—
"(2)If—
(a)the Board is unable to appoint a panel because there are not enough members available to sit on it; or
(b)the Board is of the opinion that a person with special expertise is required for the hearing—
the President or, in the absence of the President, the Deputy President may fill the vacant positions on the panel by appointing persons who are not members of the Board from a list of persons approved by the Governor in Council under sub-section (2A).
(2A)The Governor in Council, on the recommendation of the Minister, may approve persons who are not members of the Board to be available to be appointed to a panel under sub-section (2).".
(3)After section 66(1)(e) of the Optometrists Registration Act 1996 insert—
"(ea)to issue and publish guidelines about the minimum terms and conditions of professional indemnity insurance for registered optometrists;".
(4)After section 68(3) of the Optometrists Registration Act 1996 insert—
"(4)Despite sub-section (1) and anything to the contrary in the member's instrument of appointment, a member may, with the consent of the Minister, continue to hold office at the end of his or her appointment for a period not exceeding 3 months to enable the vacancy in the member's office to be filled.".
35.New section 52A inserted and consequential repeal
(1)After section 52 of the Optometrists Registration Act 1996 insert—
"52A.Agreements to amend, vary or revoke conditions or revoke suspensions
(1)The Board may, if the registered optometrist so agrees—
(a)amend, vary or revoke any condition imposed on the optometrist's registration by the Board without conducting an informal or formal hearing; or
(b)revoke a suspension of the optometrist's registration and impose a condition on the registration; or
(c)revoke a suspension of the optometrist's registration if the optometrist satisfies the Board that his or her ability to practise as an optometrist is no longer affected.
(2)If the Board and the registered optometrist fail to agree under sub-section (1), the Board may refer the matter to a formal hearing.".
(2)Section 35 of the Optometrists Registration Act 1996 is repealed.
36.New section 100 substituted and consequential amendment
(1)For Division 2 of Part 10 of the Optometrists Registration Act 1996 substitute—
"100.Transitional—panels
The President or, in the absence of the President, the Deputy President may fill the vacant positions on the panel by appointing persons who are not members of the Board from a list of persons approved, before the date of commencement of section 34 of the Health Legislation (Miscellaneous Amendments) Act 2005, by the Governor in Council under any of the following provisions—
(a)section 38(4) or 45(4) of the Chinese Medicine Registration Act 2000;
(b)section 37(4) or 44(4) of the Dental Practice Act 1999;
(c)section 40(4) or 47(4) of the Medical Practice Act 1994;
(d)section 38(4) or 45(4) of the Nurses Act 1993;
(e)section 38(4) or 45(4) of the Psychologists Registration Act 2000.".
(2)The Heading to Division 1 of Part 10 of the Optometrists Registration Act 1996 is repealed.
Division 7—Osteopaths Registration Act 1996
37.Registration
(1)In section 3 of the Osteopaths Registration Act 1996 insert the following definition—
' "professional indemnity insurance" includes insurance against civil liability in connection with the provision of osteopathy services by a registered osteopath and an agreement or arrangement for discretionary indemnity in respect of that liability;'.
(2)After section 6(2)(g) of the Osteopaths Registration Act 1996 insert—
"(ga)that, in the opinion of the Board, the osteopath does not have adequate arrangements for professional indemnity insurance that meet the minimum terms and conditions set out in the guidelines of the Board;".
(3)After section 6(3) of the Osteopaths Registration Act 1996 insert—
"(3A)Without limiting the Board's powers under sub-section (3), it may impose a condition—
(a)that—
(i)the osteopath must hold professional indemnity insurance; or
(ii)the osteopathy services provided by the osteopath must be covered by professional indemnity insurance; or
(iii)the osteopath must be specified or referred to in professional indemnity insurance, whether by name or otherwise, as a person to whom the professional indemnity insurance extends even though the osteopath is not a party to the professional indemnity insurance; and
(b)that the professional indemnity insurance must meet the minimum terms and conditions set out in the guidelines of the Board.
(3B)If the applicant's arrangements satisfy the minimum terms and conditions set out in the guidelines of the Board, the Board must not—
(a)refuse to grant registration on the basis that the osteopath's arrangements for professional indemnity insurance are in the form of insurance or a discretionary indemnity; or
(b)impose a condition on the registration of an osteopath to require that the osteopath's arrangements for professional indemnity insurance must be in the form of insurance or a discretionary indemnity.".
(4)In section 6(4) of the Osteopaths Registration Act 1996 after "(3)" insert "or (3A)".
(5)After section 7(1)(b) of the Osteopaths Registration Act 1996 insert—
"(ba)if the Board is satisfied that, in order to meet an identified need for an osteopath, it is necessary for a person having qualifications and training in the nature of the applicant's to practise as an osteopath in Victoria; or".
38.Board and panels
(1)For section 36(2) of the Osteopaths Registration Act 1996 substitute—
"(2)If—
(a)the Board is unable to appoint a panel because there are not enough members available to sit on it; or
(b)the Board is of the opinion that a person with special expertise is required for the hearing—
the President or, in the absence of the President, the Deputy President may fill the vacant positions on the panel by appointing persons who are not members of the Board from a list of persons approved by the Governor in Council under sub-section (2A).
(2A)The Governor in Council, on the recommendation of the Minister, may approve persons who are not members of the Board to be available to be appointed to a panel under sub-section (2).".
(2)For section 43(2) of the Osteopaths Registration Act 1996 substitute—
"(2)If—
(a)the Board is unable to appoint a panel because there are not enough members available to sit on it; or
(b)the Board is of the opinion that a person with special expertise is required for the hearing—
the President or, in the absence of the President, the Deputy President may fill the vacant positions on the panel by appointing persons who are not members of the Board from a list of persons approved by the Governor in Council under sub-section (2A).
(2A)The Governor in Council, on the recommendation of the Minister, may approve persons who are not members of the Board to be available to be appointed to a panel under sub-section (2).".
(3)After section 62(1)(e) of the Osteopaths Registration Act 1996 insert—
"(ea)to issue and publish guidelines about the minimum terms and conditions of professional indemnity insurance for registered osteopaths;".
(4)After section 64(3) of the Osteopaths Registration Act 1996 insert—
"(4)Despite sub-section (1) and anything to the contrary in the member's instrument of appointment, a member may, with the consent of the Minister, continue to hold office at the end of his or her appointment for a period not exceeding 3 months to enable the vacancy in the member's office to be filled.".
39.New section 51A inserted and consequential repeal
(1)After section 51 of the Osteopaths Registration Act 1996 insert—
"51A.Agreements to amend, vary or revoke conditions or revoke suspensions
(1)The Board may, if the registered osteopath so agrees—
(a)amend, vary or revoke any condition imposed on the osteopath's registration by the Board without conducting an informal or formal hearing; or
(b)revoke a suspension of the osteopath's registration and impose a condition on the registration; or
(c)revoke a suspension of the osteopath's registration if the osteopath satisfies the Board that his or her ability to practise as an osteopath is no longer affected.
(2)If the Board and the registered osteopath fail to agree under sub-section (1), the Board may refer the matter to a formal hearing.".
(2)Section 33 of the Osteopaths Registration Act 1996 is repealed.
40.New section 95 substituted
For sections 95 and 96 of the Osteopaths Registration Act 1996 substitute—
"95.Transitional—panels
The President or, in the absence of the President, the Deputy President may fill the vacant positions on the panel by appointing persons who are not members of the Board from a list of persons approved, before the date of commencement of section 38 of the Health Legislation (Miscellaneous Amendments) Act 2005, by the Governor in Council under any of the following provisions—
(a)section 38(4) or 45(4) of the Chinese Medicine Registration Act 2000;
(b)section 37(4) or 44(4) of the Dental Practice Act 1999;
(c)section 40(4) or 47(4) of the Medical Practice Act 1994;
(d)section 38(4) or 45(4) of the Nurses Act 1993;
(e)section 38(4) or 45(4) of the Psychologists Registration Act 2000.".
Division 8—Physiotherapists Registration Act 1998
41.Registration
(1)In section 3 of the Physiotherapists Registration Act 1998 insert the following definition—
' "professional indemnity insurance" includes insurance against civil liability in connection with the provision of physiotherapy services by a registered physiotherapist and an agreement or arrangement for discretionary indemnity in respect of that liability;'.
(2)In section 4(2)(c) of the Physiotherapists Registration Act 1998 for "insurance against civil liability" substitute "professional indemnity insurance".
(3)Section 6(1)(d) of the Physiotherapists Registration Act 1998 is repealed.
(4)After section 6(2)(g) of the Physiotherapists Registration Act 1998 insert—
"(ga)that, in the opinion of the Board, the physiotherapist does not have adequate arrangements for professional indemnity insurance that meet the minimum terms and conditions set out in the guidelines of the Board;".
(5)For section 6(3) of the Physiotherapists Registration Act 1998 substitute—
"(3)A grant of registration under this section is subject to any conditions, limitations or restrictions that the Board thinks fit.
(3A)Without limiting the Board's powers under sub-section (3), it may impose a condition—
(a)that—
(i)the physiotherapist must hold professional indemnity insurance; or
(ii)the physiotherapy services provided by the physiotherapist must be covered by professional indemnity insurance; or
(iii)the physiotherapist must be specified or referred to in professional indemnity insurance, whether by name or otherwise, as a person to whom the professional indemnity insurance extends even though the physiotherapist is not a party to the professional indemnity insurance; and
(b)that the professional indemnity insurance must meet the minimum terms and conditions set out in the guidelines of the Board.
(3B)If the applicant's arrangements satisfy the minimum terms and conditions set out in the guidelines of the Board, the Board must not—
(a)refuse to grant registration on the basis that the physiotherapist's arrangements for professional indemnity insurance are in the form of insurance or a discretionary indemnity; or
(b)impose a condition on the registration of a physiotherapist to require that the physiotherapist's arrangements for professional indemnity insurance must be in the form of insurance or a discretionary indemnity.".
(6)In section 6(4) of the Physiotherapists Registration Act 1998 after "(3)" insert "or (3A)".
(7)After section 7(1)(b) of the Physiotherapists Registration Act 1998 insert—
"(ba)if the Board is satisfied that, in order to meet an identified need for a physiotherapist, it is necessary for a person having qualifications and training in the nature of the applicant's to practise as a physiotherapist in Victoria; or".
42.Board and panels
(1)For section 35(2) of the Physiotherapists Registration Act 1998 substitute—
"(2)If—
(a)the Board is unable to appoint a panel because there are not enough members available to sit on it; or
(b)the Board is of the opinion that a person with special expertise is required for the hearing—
the President or, in the absence of the President, the Deputy President may fill the vacant positions on the panel by appointing persons who are not members of the Board from a list of persons approved by the Governor in Council under sub-section (2A).
(2A)The Governor in Council, on the recommendation of the Minister, may approve persons who are not members of the Board to be available to be appointed to a panel under sub-section (2).".
(2)For section 42(2) of the Physiotherapists Registration Act 1998 substitute—
"(2)If—
(a)the Board is unable to appoint a panel because there are not enough members available to sit on it; or
(b)the Board is of the opinion that a person with special expertise is required for the hearing—
the President or, in the absence of the President, the Deputy President may fill the vacant positions on the panel by appointing persons who are not members of the Board from a list of persons approved by the Governor in Council under sub-section (2A).
(2A)The Governor in Council, on the recommendation of the Minister, may approve persons who are not members of the Board to be available to be appointed to a panel under sub-section (2).".
(3)For section 61(1)(e)(i) of the Physiotherapists Registration Act 1998 substitute—
"(i)the minimum terms and conditions of professional indemnity insurance for registered physiotherapists;".
(4)After section 63(3) of the Physiotherapists Registration Act 1998 insert—
"(4)Despite sub-section (1) and anything to the contrary in the member's instrument of appointment, a member may, with the consent of the Minister, continue to hold office at the end of his or her appointment for a period not exceeding 3 months to enable the vacancy in the member's office to be filled.".
43.New section 50A inserted and consequential repeal
(1)After section 50 of the Physiotherapists Registration Act 1998 insert—
"50A.Agreements to amend, vary or revoke conditions or revoke suspensions
(1)The Board may, if the registered physiotherapist so agrees—
(a)amend, vary or revoke any condition imposed on the physiotherapist's registration by the Board without conducting an informal or formal hearing; or
(b)revoke a suspension of the physiotherapist's registration and impose a condition on the registration; or
(c)revoke a suspension of the physiotherapist's registration if the physiotherapist satisfies the Board that his or her ability to practise as a physiotherapist is no longer affected.
(2)If the Board and the registered physiotherapist fail to agree under sub-section (1), the Board may refer the matter to a formal hearing.".
(2)Section 32 of the Physiotherapists Registration Act 1998 is repealed.
44.New section 96 inserted
After section 95 of the Physiotherapists Registration Act 1998 insert—
"96.Transitional—panels
The President or, in the absence of the President, the Deputy President may fill the vacant positions on the panel by appointing persons who are not members of the Board from a list of persons approved, before the date of commencement of section 42 of the Health Legislation (Miscellaneous Amendments) Act 2005, by the Governor in Council under any of the following provisions—
(a)section 38(4) or 45(4) of the Chinese Medicine Registration Act 2000;
(b)section 37(4) or 44(4) of the Dental Practice Act 1999;
(c)section 40(4) or 47(4) of the Medical Practice Act 1994;
(d)section 38(4) or 45(4) of the Nurses Act 1993;
(e)section 38(4) or 45(4) of the Psychologists Registration Act 2000.".
Division 9—Podiatrists Registration Act 1997
45.Registration
(1)In section 3 of the Podiatrists Registration Act 1997 insert the following definition—
' "professional indemnity insurance" includes insurance against civil liability in connection with the provision of podiatry services by a registered podiatrist and an agreement or arrangement for discretionary indemnity in respect of that liability;'.
(2)After section 6(2)(g) of the Podiatrists Registration Act 1997 insert—
"(ga)that, in the opinion of the Board, the podiatrist does not have adequate arrangements for professional indemnity insurance that meet the minimum terms and conditions set out in the guidelines of the Board;".
(3)After section 6(3) of the Podiatrists Registration Act 1997 insert—
"(3A)Without limiting the Board's powers under sub-section (3), it may impose a condition—
(a)that—
(i)the podiatrist must hold professional indemnity insurance; or
(ii)the podiatry services provided by the podiatrist must be covered by professional indemnity insurance; or
(iii)the podiatrist must be specified or referred to in professional indemnity insurance, whether by name or otherwise, as a person to whom the professional indemnity insurance extends even though the podiatrist is not a party to the professional indemnity insurance; and
(b)that the professional indemnity insurance must meet the minimum terms and conditions set out in the guidelines of the Board.
(3B)If the applicant's arrangements satisfy the minimum terms and conditions set out in the guidelines of the Board, the Board must not—
(a)refuse to grant registration on the basis that the podiatrist's arrangements for professional indemnity insurance are in the form of insurance or a discretionary indemnity; or
(b)impose a condition on the registration of a podiatrist to require that the podiatrist's arrangements for professional indemnity insurance must be in the form of insurance or a discretionary indemnity.".
(4)In section 6(4) of the Podiatrists Registration Act 1997 after "(3)" insert "or (3A)".
(5)After section 7(1)(b) of the Podiatrists Registration Act 1997 insert—
"(ba)if the Board is satisfied that, in order to meet an identified need for a podiatrist, it is necessary for a person having qualifications and training in the nature of the applicant's to practise as a podiatrist in Victoria; or".
46.Board and panels
(1)For section 36(2) of the Podiatrists Registration Act 1997 substitute—
"(2)If—
(a)the Board is unable to appoint a panel because there are not enough members available to sit on it; or
(b)the Board is of the opinion that a person with special expertise is required for the hearing—
the President or, in the absence of the President, the Deputy President may fill the vacant positions on the panel by appointing persons who are not members of the Board from a list of persons approved by the Governor in Council under sub-section (2A).
(2A)The Governor in Council, on the recommendation of the Minister, may approve persons who are not members of the Board to be available to be appointed to a panel under sub-section (2).".
(2)For section 43(2) of the Podiatrists Registration Act 1997 substitute—
"(2)If—
(a)the Board is unable to appoint a panel because there are not enough members available to sit on it; or
(b)the Board is of the opinion that a person with special expertise is required for the hearing—
the President or, in the absence of the President, the Deputy President may fill the vacant positions on the panel by appointing persons who are not members of the Board from a list of persons approved by the Governor in Council under sub-section (2A).
(2A)The Governor in Council, on the recommendation of the Minister, may approve persons who are not members of the Board to be available to be appointed to a panel under sub-section (2).".
(3)After section 62(1)(f) of the Podiatrists Registration Act 1997 insert—
"(fa)to issue and publish guidelines about the minimum terms and conditions of professional indemnity insurance for registered podiatrists;".
(4)After section 64(3) of the Podiatrists Registration Act 1997 insert—
"(4)Despite sub-section (1) and anything to the contrary in the member's instrument of appointment, a member may, with the consent of the Minister, continue to hold office at the end of his or her appointment for a period not exceeding 3 months to enable the vacancy in the member's office to be filled.".
47.New section 51A inserted and consequential repeal
(1)After section 51 of the Podiatrists Registration Act 1997 insert—
"51A.Agreements to amend, vary or revoke conditions or revoke suspensions
(1)The Board may, if the registered podiatrist so agrees—
(a)amend, vary or revoke any condition imposed on the podiatrist's registration by the Board without conducting an informal or formal hearing; or
(b)revoke a suspension of the podiatrist's registration and impose a condition on the registration; or
(c)revoke a suspension of the podiatrist's registration if the podiatrist satisfies the Board that his or her ability to practise as a podiatrist is no longer affected.
(2)If the Board and the registered podiatrist fail to agree under sub-section (1), the Board may refer the matter to a formal hearing.".
(2)Section 33 of the Podiatrists Registration Act 1997 is repealed.
48.New section 97 substituted
(1)For section 97 of the Podiatrists Registration Act 1997 substitute—
"97.Transitional—panels
The President or, in the absence of the President, the Deputy President may fill the vacant positions on the panel by appointing persons who are not members of the Board from a list of persons approved, before the date of commencement of section 46 of the Health Legislation (Miscellaneous Amendments) Act 2005, by the Governor in Council under any of the following provisions—
(a)section 38(4) or 45(4) of the Chinese Medicine Registration Act 2000;
(b)section 37(4) or 44(4) of the Dental Practice Act 1999;
(c)section 40(4) or 47(4) of the Medical Practice Act 1994;
(d)section 38(4) or 45(4) of the Nurses Act 1993;
(e)section 38(4) or 45(4) of the Psychologists Registration Act 2000.".
(2)The Schedule to the Podiatrists Registration Act 1997 is repealed.
Division 10—Psychologists Registration Act 2000
49.The Board
(1)After section 7(1)(a) of the Psychologists Registration Act 2000 insert—
"(ab)if the Board is satisfied that, in order to meet an identified need for a psychologist, it is necessary for a person having qualifications and training in the nature of the applicant's to practise as a psychologist in Victoria; or".
(2)After section 70(3) of the Psychologists Registration Act 2000 insert—
"(4)Despite sub-section (1) and anything to the contrary in the member's instrument of appointment, a member may, with the consent of the Minister, continue to hold office at the end of his or her appointment for a period not exceeding 3 months to enable the vacancy in the member's office to be filled.".
50.New section 54A inserted and consequential repeal
(1)After section 54 of the Psychologists Registration Act 2000 insert—
"54A.Agreements to amend, vary or revoke conditions or revoke suspensions
(1)The Board may, if the registered psychologist so agrees—
(a)amend, vary or revoke any condition imposed on the psychologist's registration by the Board without conducting an informal or formal hearing; or
(b)revoke a suspension of the psychologist's registration and impose a condition on the registration; or
(c)revoke a suspension of the psychologist's registration if the psychologist satisfies the Board that his or her ability to practise as a psychologist is no longer affected.
(2)If the Board and the registered psychologist fail to agree under sub-section (1), the Board may refer the matter to a formal hearing.".
(2)Section 35 of the Psychologists Registration Act 2000 is repealed.
__________________
PART 6—MISCELLANEOUS AMENDMENTS
51.Building Act 1993
For section 75JB(b) of the Building Act 1993 substitute—
'(b)for section 229(1) there were substituted—
"(1)Subject to sub-section (2), an inspector may enter any building or land for the purpose of carrying out any inspection of the building, building work or plumbing work or any equipment, installation, service, records or reports relating to the building, building work or plumbing work to determine whether or not this Part or Part 5A or 5B is being complied with."; and'.
52.Health Act 1958
In section 418 of the Health Act 1958, for "Natural Resources" substitute "Sustainability".
53.Veterinary Practice Act 1997—new section 50A
(1)After section 50 of the Veterinary Practice Act 1997 insert—
"50A.Agreements to amend, vary or revoke conditions or revoke suspensions
(1)The Board may, if the registered veterinary practitioner so agrees—
(a)amend, vary or revoke any condition imposed on the veterinary practitioner's registration by the Board without conducting an informal or formal hearing; or
(b)revoke a suspension of the veterinary practitioner's registration and impose a condition on the registration; or
(c)revoke a suspension of the veterinary practitioner's registration if the veterinary practitioner satisfies the Board that his or her ability to practise as a veterinary practitioner is no longer affected.
(2)If the Board and the registered veterinary practitioner fail to agree under sub-section (1), the Board may refer the matter to a formal hearing.".
(2)In the Heading to Division 4 of Part 3 for "hearings" substitute "investigations".
(3)Section 32 of the Veterinary Practice Act 1997 is repealed.
54.Veterinary Practice Act 1997—Board members
After section 64(3) of the Veterinary Practice Act 1997 insert—
"(4)Despite sub-section (1) and anything to the contrary in the member's instrument of appointment, a member may, with the consent of the Minister, continue to hold office at the end of his or her appointment for a period not exceeding 3 months to enable the vacancy in the member's office to be filled.".
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ENDNOTES
Minister's second reading speech—
Legislative Assembly: 19 May 2005
Legislative Council: 19 July 2005
The long title for the Bill for this Act was "to amend the Cemeteries and Crematoria Act 2003, the Health Services Act 1988, the Mental Health Act 1986, various health practitioner regulation Acts and the Veterinary Practice Act 1997 and for other purposes."
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