Health Professionals Legislation Amendment Act 2004 (ACT)

Case

Health Professionals Legislation Amendment Act 2004

A2004-39

Contents

Page

  1. Name of Act  2

  2. Commencement  2

  3. Legislation amended or repealed  3

Schedule 1General health profession amendments               4

Part 1.1Community and Health Services Complaints Act 1993      4

Part 1.2Electoral Act 1992  9

Part 1.3Health Act 1993  9

Part 1.4Health Professions Boards (Elections) Act 1980           11

Part 1.5Health Professions Boards (Procedures) Act 1981         14

Part 1.6Health Professionals (Special Events Exemptions) Act 2000 17

Part 1.7Medical Treatment Act 1994  19

Part 1.8Public Health Act 1997  19

Part 1.9Victims of Crime Regulations 2000  21

Part 1.10Workers Compensation Act 1951  23

Part 1.11Workers Compensation Regulations 2002                 25

Schedule 2Chiropractors and osteopaths  28

Part 2.1Repeal of legislation consequential on repeal of Chiropractors and Osteopaths Act 1983  28

Schedule 3Dental technicians and dental prosthetists         29

Part 3.1Legislation Act 2001  29

Part 3.2Podiatrists Act 1994  29

Part 3.3Psychologists Act 1994  30

Part 3.4Repeal of legislation consequential on repeal of Dental Technicians and Dental Prosthetists Act 1988  30

Schedule 4Dentists  31

Part 4.1Dental Technicians and Dental Prosthetists Registration Act 1988      31

Part 4.2Drugs of Dependence Act 1989  31

Part 4.3Legislation Act 2001  31

Part 4.4Periodic Detention Act 1995  32

Part 4.5Pharmacy Act 1931  32

Part 4.6Repeal of legislation consequential on repeal of Dentists Act 1931     32

Schedule 5Medical practitioners  33

Part 5.1Birth (Equality of Status) Act 1988  33

Part 5.2Births, Deaths and Marriages Registration Act 1997       33

Part 5.3Boxing Control Act 1993  33

Part 5.4Chiropractors and Osteopaths Act 1983                  34

Part 5.5Coroners Act 1997  34

Part 5.6Dentists Act 1931  34

Part 5.7Drugs of Dependence Act 1989  35

Part 5.8Health Records (Privacy and Access) Act 1997            35

Part 5.9Legislation Act 2001  35

Part 5.10Long Service Leave (Building and Construction Industry) Act 1981     36

Part 5.11Medical Services (Fees) Act 1984  37

Part 5.12Optometrists Act 1956  37

Part 5.13Periodic Detention Act 1995  37

Part 5.14Pharmacy Act 1931  37

Part 5.15Physiotherapists Act 1977  38

Part 5.16Podiatrists Act 1994  38

Part 5.17Public Sector Management Act 1994  38

Part 5.18Radiation Act 1983  39

Part 5.19Remand Centres Act 1976  39

Part 5.20Sexually Transmitted Diseases Act 1956                  39

Part 5.21Trans-Tasman Mutual Recognition Act 1997              40

Part 5.22Tuberculosis Act 1950  40

Part 5.23Repeal of legislation consequential on repeal of Medical Practitioners Act 1930  40

Schedule 6Nurses  42

Part 6.1Birth (Equality of Status) Act 1988  42

Part 6.2Children and Young People Act 1999  42

Part 6.3Crimes Act 1900  43

Part 6.4Drugs of Dependence Act 1989  43

Part 6.5Juries Act 1967  43

Part 6.6Legislation Act 2001  44

Part 6.7Mental Health (Treatment and Care) Act 1994              45

Part 6.8Periodic Detention Act 1995  45

Part 6.9Physiotherapists Act 1977  45

Part 6.10Transplantation and Anatomy Act 1978                   46

Part 6.11Repeal of legislation consequential on repeal of Nurses Act 1988      46

Schedule 7Optometrists  48

Part 7.1Repeal of legislation consequential on repeal of Optometrists Act 1956   48

Schedule 8Pharmacists  49

Part 8.1Drugs of Dependence Act 1989  49

Part 8.2Legislation Act 2001  49

Part 8.3Repeal of legislation consequential on repeal of Pharmacy Act 1931    49

Schedule 9Physiotherapists  51

Part 9.1Chiropractors and Osteopaths Act 1983                  51

Part 9.2Podiatrists Act 1994  51

Part 9.3Repeal of legislation consequential on repeal of Physiotherapists Act 1977    51

Schedule 10    Podiatrists  52

Part 10.1Poisons Act 1933  52

Part 10.2Repeal of legislation consequential on repeal of Podiatrists Act 1994   52

Schedule 11Psychologists  53

Part 11.1Victims of Crime (Financial Assistance) Act 1983         53

Part 11.2Repeal of legislation consequential on repeal of Psychologists Act 1994 53

Schedule 12Miscellaneous  54

Part 12.1Veterinary Surgeons Act 1965  54

Part 12.2Repeal of legislation consequential on repeal of Health Professions Boards (Elections) Act 1980  54

Health Professionals Legislation Amendment Act 2004

A2004-39

An Act to amend various laws about health professionals, and for other purposes

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

  1. Name of Act

    This Act is the Health Professionals Legislation Amendment Act 2004.

  2. Commencement

    (1)A schedule mentioned in table 2, column 2 commences on the day the provision of the Health Professionals Act 2004 mentioned in column 3 commences.

Table 2Commencements

column 1

item

column 2

schedule

 column 3
1 sch 2 (Chiropractors and osteopaths) s 136 (a)
2 sch 3 (Dental technicians and dental prosthetists) s 136 (b)
3 sch 4 (Dentists) s 136 (c)
4 sch 5 (Medical Practitioners) s 136 (f)
5 sch 6 (Nurses) s 136 (g)
6 sch 7 (Optometrists) s 136 (h)
7 sch 8 (Pharmacists) s 136 (i)
8 sch 9 (Physiotherapists) s 136 (j)
9 sch 10 (Podiatrists) s 136 (k)
10 sch 11 (Psychologists) s 136 (l)

NoteThe Health Professionals Act 2004, s 136 is as follows:

136Repeals

The following Acts are repealed:

(a)Chiropractors and Osteopaths Act 1983 A1983-28

(b)Dental Technicians and Dental Prosthetists Registration Act 1988 A1988-85

(c)Dentists Act 1931 A1931-8

(d)Health Professions Boards (Elections) Act 1980 A1980-45

(e)Health Professions Boards (Procedures) Act 1981 A1981-46

(f)Medical Practitioners Act 1930 A1930-13

(g)Nurses Act 1988 A1988-61

(h)Optometrists Act 1956 A1956-4

(i)Pharmacy Act 1931 A1931-10

(j)Physiotherapists Act 1977 A1977-60

(k)Podiatrists Act 1994 A1994-82

(l)Psychologists Act 1994 A1994-87.

(2)Schedule 12 commences on the day the Health Professionals Act 2004, section 136 expires.

(3)The remainder of the Act commences on the day the Health Professionals Act 2004, section 3 commences.

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

  1. Legislation amended or repealed

    This Act amends or repeals the legislation mentioned in the schedules.


Schedule 1General health profession amendments

(see s 3)

Part 1.1Community and Health Services Complaints Act 1993

[1.1]Section 3

omit everything after paragraph (c), substitute

(d)to encourage an awareness of the rights and responsibilities of users and providers of community services and health services; and

(e)to assist in the maintenance of minimum standards of health services by the investigation and resolution of complaints about registered health professionals;

(f)to ensure that health services and community services are provided by people who are suitable and able to provide them.

[1.2]Section 4 (1), definition of board

substitute

board means a health profession board under the Health Professionals Act 2004.

[1.3]Section 4 (1), definitions of registered provider and relevant board

substitute

registered provider means a provider registered under the Health Professionals Act 2004.

relevant board—see the Health Professionals Act 2004, section 19 (1), definition of relevant health profession board.

[1.4]Section 4 (1)

insert

HPA report means a report made under the Health Professionals Act 2004, section 81 (How must report be made?).

[1.5]Section 9

insert

(ka)to assist health professional boards by investigating matters that need to be investigated, including an HPA report;

[1.6]Section 9

renumber paragraphs when Act next republished under Legislation Act

[1.7]Section 11 (3) and (5)

omit

[1.8]New section 22A

in division 3.1, insert

22AHPA reports

For this Act—

(a)an HPA report is taken to be a complaint made under this division; and

(b)a person who makes an HPA report is taken to be a person mentioned in section 21 (Who may complain).

[1.9]New section 31A

in part 3, insert

31AHPA report complaints

(1)This section applies to a complaint—

(a)that is an HPA report in relation to which a health profession board is required to consult the commissioner; or

(b)that suggests to the commissioner that a registered health professional may not be satisfying the suitability to practise requirements, or meeting the required standard of practice, under the Health Professionals Act 2004.

(2)The commissioner must consult the health profession board in relation to the complaint and try to make any decision allowed or required to be made about the matter jointly with the health profession board.

(3)If the commissioner and the health profession board cannot agree about what to do about the complaint, the Health Professionals Act 2004, section 86 (2) and (3) applies to the complaint.

(4)If the commissioner makes an assessment of the complaint, the commissioner must tell the health profession board in writing about the results of the assessment.

[1.10]New section 51 (1A)

insert

(1A)However, the commissioner must not prepare a report in relation to a complaint that is an HPA report during an investigation unless the commissioner has consulted the relevant board.

NoteThe commissioner cannot complete an investigation into a complaint that is an HPA report without consulting the relevant board (see s 31A (2)).

[1.11]New section 51 (5)

insert

(5)A report prepared under this section in relation to a complaint that is an HPA report must reflect the action required to be taken in relation to the complaint under the Health Professionals Act 2004, section 86 (2) and (3).

[1.12]Section 60

substitute

NoteSee Health Professionals Act 2004, s 116 for the role of the commissioner in a standards inquiry under that Act.

[1.13]New part 10

insert

Part 10Modifications of Act

  1. Application of pt 10

    This part modifies this Act.

  2. Section 4 (1), new definition of old board

    insert

    old board—

    (a)means a board mentioned in the definition of board as in force immediately before the commencement of part 10; but

    (b)does not include a board that has ceased to exist.

    NoteBoard was defined to mean each of the following boards:

    ·    the chiropractic board

    ·    the dental board

    ·    the dental technicians and dental prosthetists board

    ·    the medical board

    ·    the nurses board

    ·    the optometrists board

    ·    the pharmacy board

    ·    the physiotherapists board

    ·    the podiatrists board

    ·    the psychologists board.

  3. Section 4 (1), definition of board

    substitute

    board—

    (a)means a health profession board under the Health Professionals Act 2004; and

    (b)includes an old board.

  4. Section 4 (1), definitions of registered provider and relevant board

    substitute

    registered provider—

    (a)means a provider registered under the Health Professionals Act 2004; and

    (b)includes a provider registered by an old board.

    relevant board, in relation to a registered provider—

    (a)see the Health Professionals Act 2004, section 19 (1), definition of relevant health profession board; and

    (b)includes a provider registered by an old board.

  5. Expiry of pt 10

    This part expires on the day the Health Professionals Act 2004, section 136 (Repeals) expires.

Part 1.2Electoral Act 1992

[1.14]Section 33 (1)

after

Act

insert

, or any other Act under which the commissioner exercises a function

Part 1.3Health Act 1993

[1.15]New part 8

insert

Part 8Transitional

  1. Definitions in Health (Fees) Determination

    (1)This section applies to the Health (Fees) Determination 2003‑04 DI2003-150.

    (2)A reference in the determination to a medical practitioner is taken to be a reference to a person registered as a medical practitioner under the Health Professionals Act 2004.

    (3)The reference in the determination, clause 1, definition of physiotherapy service to ‘the definition of physiotherapy in the Physiotherapists Act 1977’ is taken to be a reference to—

    (a)the regulated health service of physiotherapy under the Health Professionals Act 2004; or

    (b)the definition of physiotherapy under the Physiotherapists Act 1977, section 3 (1); but

    (c)does not include the definition mentioned in paragraph (b) if the Physiotherapists Act 1977 has been repealed.

  2. Expiry of pt 8

    This part expires on the day the Health Professionals Act 2004, section 136 (Repeals) expires.

[1.16]Dictionary, definition of health service provider

substitute

health service provider means a person who provides health services at a health facility or uses the equipment or other facilities of a health facility to provide health services elsewhere.

Examples of people who may be health service providers

1    a chiropractor

2    a dentist

3    a dental technician

4    a dental prosthetist

5    a doctor

6    a nurse

7    an osteopath

8    an optometrist

9    a pharmacist

10    a physiotherapist

NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

Part 1.4Health Professions Boards (Elections) Act 1980

[1.17]Section 3, definition of board

substitute

board means 1 of the following boards, unless the board has ceased to exist:

(a)the chiropractors and osteopaths board;

(b)the dental board;

(c)the nurses board;

(d)the optometrists board;

(e)the pharmacy board;

(f)the physiotherapists board;

(g)the veterinary surgeons board.

[1.18]Section 3, definition of election

substitute

election means an election held for 1 of the following Acts:

(a)the Chiropractors and Osteopaths Act;

(b)the Dentists Act;

(c)the Nurses Act;

(d)the Optometrists Act;

(e)the Pharmacy Act;

(f)the Physiotherapists Act;

(g)the Veterinary Surgeons Act.

NoteThe Health Professionals Act 2004, s 136 repeals the Acts mentioned in pars (a) – (f).

[1.19]Section 3, definition of prescribed Act

substitute

prescribed Act means the Chiropractors and Osteopaths Act, the Dentists Act, the Nurses Act, the Optometrists Act, the Pharmacy Act, the Physiotherapists Act or the Veterinary Surgeons Act.

NoteThe Health Professionals Act 2004, s 136 repeals the Acts, other than the Veterinary Surgeons Act, mentioned in this definition.

[1.20]Section 3, definition of register

substitute

register means each of the following registers:

(a)for an election held for the Chiropractors and Osteopaths Act—the register of chiropractors or the register of osteopaths kept under that Act;

(b)for an election held for the Dentists Act—the register of dentists kept under that Act;

(c)for an election held for the Nurses Act—the register of nurses kept under that Act;

(d)for an election held for the Optometrists Act—the register of optometrists kept under that Act;

(e)for an election held for the Pharmacy Act—the register of pharmacists kept under that Act;

(f)for an election held for the Physiotherapists Act—the register of physiotherapists kept under that Act;

(g)for an election held for the Veterinary Surgeons Act—the register of veterinary surgeons kept under that Act.

NoteThe Health Professionals Act 2004, s 136 repeals the Acts mentioned in pars (a) – (f).

[1.21]Section 3, definition of registered practitioner

substitute

registered practitioner means the following:

(a)for an election held for the Chiropractors and Osteopaths Act—a person registered as a chiropractor or osteopath under that Act;

(b)for an election held for the Dentists Act—a person registered as a dentist under that Act;

(c)for an election held for the Nurses Act—a person registered under that Act;

(d)for an election held for the Optometrists Act—a person registered under that Act;

(e)for an election held for the Pharmacy Act—a person registered under that Act;

(f)for an election held for the Physiotherapists Act—a person registered under that Act;

(g)for an election held for the Veterinary Surgeons Act—a person registered under that Act.

NoteThe Health Professionals Act 2004, s 136 repeals the Acts mentioned in pars (a) – (f).

[1.22]Section 8 (3) (c)

omit

[1.23]Section 8 (3), new note

insert

NoteThe Health Professionals Act 2004, s 136 repeals the Acts mentioned in pars (a) – (g).

[1.24]Section 8 (3)

renumber paragraphs when Act next republished under Legislation Act

Part 1.5Health Professions Boards (Procedures) Act 1981

[1.25]Section 3, definition of board

substitute

board means 1 of the following boards, unless the board has ceased to exist:

(a)the chiropractors and osteopaths board established under the Chiropractors and Osteopaths Act;

(b)the dental board established under the Dentists Act;

(c)the nurses board established under the Nurses Act;

(d)the optometrists board established under the Optometrists Act;

(e)the pharmacy board established under the Pharmacy Act;

(f)the physiotherapists board established under the Physiotherapists Act;

(g)the podiatrists board established under the Podiatrists Act;

(h)the psychologists board established under the Psychologists Act;

(i)the veterinary surgeons board established under the Veterinary Surgeons Act.

NoteThe Health Professionals Act 2004, s 136 repeals the Acts mentioned in pars (a) – (h).

[1.26]Section 3, definition of proceeding

substitute

proceeding means the following:

(a)in relation to the chiropractors and osteopaths board—an inquiry by the board under the Chiropractors and Osteopaths Act, section 32;

(b)in relation to the dental board—an inquiry by the board under the Dentists Act, section 31;

(c)in relation to the nurses board—an inquiry by the board under the Nurses Act, section 66;

(d)in relation to the optometrists board—an inquiry by the board under the Optometrists Act, section 40;

(e)in relation to the pharmacy board—an inquiry by the board under the Pharmacy Act, section 41;

(f)in relation to the physiotherapists board—an inquiry under the Physiotherapists Act, section 30F;

(g)in relation to the podiatrists board—an inquiry by the board under the Podiatrists Act, section 38;

(h)in relation to the psychologists board—an inquiry by the board under the Psychologists Act, section 38;

(i)in relation to the veterinary surgeons board—an inquiry by the board under the Veterinary Surgeons Act, section 45.

NoteThe Health Professionals Act 2004, s 136 repeals the Acts mentioned in pars (a) – (h).

[1.27]Section 11 (4)

substitute

(4)In this section:

registered practitioner means the following:

(a)in relation to a member of the chiropractors and osteopaths board—a person registered as a chiropractor or osteopath under the Chiropractors and Osteopaths Act;

(b)in relation to a member of the dental board—a person registered as a dentist under the Dentists Act;

(c)in relation to a member of the nurses board—a person registered or enrolled as a nurse under the Nurses Act;

(d)in relation to a member of the optometrists board—a person registered as an optometrist under the Optometrists Act;

(e)in relation to a member of the pharmacy board—a person registered as a pharmacist under the Pharmacy Act;

(f)relation to a member of the physiotherapists board—a person registered as a physiotherapist under the Physiotherapists Act;

(g)in relation to a member of the podiatrists board—a person registered as a podiatrist under the Podiatrists Act;

(h)in relation to a member of the psychologists board—a person registered as a psychologist under the Psychologists Act;

(i)in relation to a member of the veterinary surgeons board—a person registered as a veterinary surgeon under the Veterinary Surgeons Act.

NoteThe Health Professionals Act 2004, s 136 repeals the Acts mentioned in pars (a) – (h).

Part 1.6Health Professionals (Special Events Exemptions) Act 2000

[1.28]New part 1 heading

insert

Part 1Preliminary

[1.29]New part 2 heading

after section 4, insert

Part 2Special events

[1.30]Section 11 (1)

omit

a Health Registration Act

insert

the Health Professionals Act

[1.31]New part 3 heading

after section 11, insert

Part 3Miscellaneous

[1.32]Section 12

omit

a Health Registration Act

insert

the Health Professionals Act

[1.33]New part 4

insert

Part 4Modification of Act

  1. Application of pt 4

    This part modifies this Act.

  2. Dictionary, definition of Health Professionals Act

    substitute

    Health Professionals Act—

    (a)means the Health Professionals Act 2004; and

    (b)includes the following Acts:

    (i)Chiropractors and Osteopaths Act 1983;

    (ii)Dental Technicians and Dental Prosthetists Registration Act 1988;

    (iii)Dentists Act 1931;

    (iv)Nurses Act 1988;

    (v)Optometrists Act 1956;

    (vi)Pharmacy Act 1931;

    (vii)Physiotherapists Act 1977;

    (viii)Podiatrists Act 1994;

    (ix)Psychologists Act 1994.

  3. Expiry of pt 4

    This part expires on the day the Health Professionals Act 2004, section 136 (Repeals) expires.

[1.34]Dictionary, definition of Health Registration Act

substitute

Health Professionals Act means the Health Professionals Act 2004.

Part 1.7Medical Treatment Act 1994

[1.35]Section 3, definition of health professional

substitute

health professional means a doctor or nurse.

Part 1.8Public Health Act 1997

[1.36]Section 102 (4) (a)

omit

Medical Practitioners Act 1930, part 4 (The conduct of medical practice)

substitute

Health Professionals Act 2004

[1.37]Section 102 (5) (a)

omit

Nurses Act 1988, section 61 (l) (Cancellation or suspension of registration or enrolment)

substitute

Health Professionals Act 2004

[1.38]New section 139 and part 11

insert

  1. References to health care professional in DI2001-187

    (1)This section applies to the Public Health Act 1997 Determination of a Code of Practice DI2001-187.

    (2)A reference in the code of practice under the determination to a health care professional is taken to be a reference to—

    (a)a person registered under the Health Professionals Act 2004; or

    (b)a person mentioned in the dictionary to the code, definition of health care professional; but

    (c)does not include a person mentioned under paragraph (b) if the board with which the person was registered has ceased to exist.

    (3)This section expires on the day the Health Professionals Act 2004, section 136 (Repeals) expires.

Part 11Modification of Act

  1. Application of pt 11

    This part modifies this Act.

  2. Section 102 (5) (a)

    substitute

    (a)is taken to be a failure to exercise adequate care in practising nursing for the Health Professionals Act 2004 or the Nurses Act 1988, section 61 (l) (Cancellation or suspension of registration or enrolment) (unless the Nurses Act 1988 is repealed); and

  3. Dictionary, definition of counsellor, paragraph (a)

    substitute

    (a)a person registered as a psychologist under the Health Professionals Act 2004; or

    (ab)a registered psychologist under the Psychologists Act 1994 (unless repealed); or

  4. Expiry of pt 11

    This part expires on the day the Health Professionals Act 2004, section 136 (Repeals) expires.

[1.39]Dictionary, definition of counsellor, paragraph (a)

substitute

(a)a person registered as a psychologist under the Health Professionals Act 2004; or

Part 1.9Victims of Crime Regulations 2000

[1.40]New part 5

insert

Part 5Modification of regulations

  1. Application of pt 4

    This part modifies these regulations.

  2. Dictionary, definition of health professional

    substitute

    health professional—

    (a)means a person registered under the Health Professionals Act 2004; and

    (b)includes a person registered under 1 of the following Acts (unless repealed):

    (i)Chiropractors and Osteopaths Act 1983;

    (ii)Dental Technicians and Dental Prosthetists Registration Act 1988;

    (iii)Dentists Act 1931;

    (iv)Nurses Act 1988;

    (v)Optometrists Act 1956;

    (vi)Pharmacy Act 1931;

    (vii)Physiotherapists Act 1977;

    (viii)Podiatrists Act 1994;

    (ix)Psychologists Act 1994.

  3. Dictionary, definition of psychologist

    substitute

    psychologist means—

    (a)a person registered as a psychologist under the Health Professionals Act 2004; and

    (b)a person registered under the Psychologists Act 1994 (unless repealed).

  4. Expiry of pt 5

    This part expires on the day the Health Professionals Act 2004, section 136 (Repeals) expires.

[1.41]Dictionary, definitions of health professional and health professions Act

substitute

health professional means a person registered under the Health Professionals Act 2004.

[1.42]Dictionary, definition of psychologist

substitute

psychologist means a person registered as a psychologist under the Health Professionals Act 2004.

Part 1.10Workers Compensation Act 1951

[1.43]New chapter 17

insert

Chapter 17Modification of Act

  1. Application of ch 17

    This chapter modifies this Act.

  2. Dictionary, definition of chiropractor

    after

    Health Professionals Act 2004

    insert

    or the Chiropractors and Osteopaths Act 1983 (unless repealed)

  3. Dictionary, definition of osteopath

    after

    Health Professionals Act 2004

    insert

    or the Chiropractors and Osteopaths Act 1983 (unless repealed)

  4. Dictionary, definition of physiotherapist

    after

    Health Professionals Act 2004

    insert

    or the Physiotherapists Act 1977 (unless repealed)

  5. Expiry of ch 17

    This chapter expires on the day the Health Professionals Act 2004, section 136 (Repeals) expires.

[1.44]Dictionary, definition of chiropractor

omit

Chiropractors and Osteopaths Act 1983

substitute

Health Professionals Act 2004

[1.45]Dictionary, definition of osteopath

omit

Chiropractors and Osteopaths Act 1983

substitute

Health Professionals Act 2004

[1.46]Dictionary, definition of physiotherapist

omit

Physiotherapists Act 1977

substitute

Health Professionals Act 2004

Part 1.11Workers Compensation Regulations 2002

[1.47]Regulation 22 (2), table

substitute

column 1
item 		column 2
service 		column 3
qualification

1

occupational therapy

eligibility for membership of the Australian Association of Occupational Therapists

2

physiotherapy

registration as a physiotherapist under the Health Professionals Act 2004

3

rehabilitation counselling

eligibility for membership of the Australian Society of Rehabilitation Counsellors

4

psychology services

registration as a psychologist under the Health Professionals Act 2004

5

social work services

eligibility for membership of the Australian Association of Social Workers

[1.48]Regulation 22 (3), note

substitute

NoteFor the meaning of nurse, see the Legislation Act, dict, pt 1.

[1.49]Part 12

substitute

Part 12Modification of regulations

  1. Application of pt 12

    This part modifies these regulations.

  2. Regulation 22 (2), table

    substitute

column 1
item 		column 2
service 		column 3
qualification

1

occupational therapy

eligibility for membership of the Australian Association of Occupational Therapists

2

physiotherapy

registration as a physiotherapist under the Health Professionals Act 2004 or the Physiotherapists Act 1977 (unless repealed)

3

rehabilitation counselling

eligibility for membership of the Australian Society of Rehabilitation Counsellors

4

psychology services

registration as a psychologist under the Health Professionals Act 2004 or the Psychologists Act 1994 (unless repealed)

5

social work services

eligibility for membership of the Australian Association of Social Workers

  1. Expiry of pt 12

    This part expires on the day the Health Professionals Act 2004, section 136 (Repeals) expires.

[1.50]Schedule 4

omit


Schedule 2Chiropractors and osteopaths

(see s 3)

Part 2.1Repeal of legislation consequential on repeal of Chiropractors and Osteopaths Act 1983

·    Chiropractors and Osteopaths (Examination) Determination 2002 (No 1) NI2002‑326

·    Chiropractors and Osteopaths (Examination) Determination 2002 (No 2) NI2002‑327

·    Chiropractors and Osteopaths (Fees) Determination 2003 (No 1) DI2003‑241

·    Health Professions Boards (Elections) – Election of One Member of the Chiropractors and Osteopaths Board of the Australian Capital Territory 2003 Declaration of Nominations NI2003‑115

·    Election of Two Members of the Chiropractors and Osteopaths Board of the Australian Capital Territory Declarations of Nominations and Successful Candidates NI2002‑35

·    Health Professions Boards (Elections)—Election of One Member of the Chiropractors and Osteopaths Board of the Australian Capital Territory 2003 Declaration of Successful Candidate 2003 NI2003‑171

·    Health Professions Boards (Procedures)—Chiropractors and Osteopaths Board of the ACT 2003 (No 1) DI2003‑166


Schedule 3Dental technicians and dental prosthetists

(see s 3)

Part 3.1Legislation Act 2001

[3.1]Dictionary, part 1, definition of dental prosthetist

substitute

dental prosthetist means a person registered as a dental prosthetist under the Health Professionals Act 2004.

[3.2]Dictionary, part 1, definition of dental technician

substitute

dental technician means a person registered as a dental technician under the Health Professionals Act 2004.

Part 3.2Podiatrists Act 1994

[3.3]Section 7 (1) (b)

omit

Dental Technicians and Dental Prosthetists Act 1988

substitute

Health Professionals Act 2004

Part 3.3Psychologists Act 1994

[3.4]Section 7 (1) (b) (i)

omit

Dental Technicians and Dental Prosthetists Act 1988

substitute

Health Professionals Act 2004

Part 3.4Repeal of legislation consequential on repeal of Dental Technicians and Dental Prosthetists Act 1988

·    Dental Technicians and Dental Prosthetists—Determination of Fees 2003 (No 1) DI2003-115

·    Health Professions Boards (Procedures)—Dental Technicians and Dental Prosthetists Board of the ACT 2003 (No 1) DI2003‑43

Schedule 4Dentists

(see s 3)

Part 4.1Dental Technicians and Dental Prosthetists Registration Act 1988

[4.1]Section 40 (a)

omit

registered under the Dentists Registration Act 1931

Part 4.2Drugs of Dependence Act 1989

[4.2]Section 3 (1), definition of dentist

omit

Part 4.3Legislation Act 2001

[4.3]Dictionary, part 1, definition of dentist

substitute

dentist—

(a)means a person unconditionally registered as a dentist under the Health Professionals Act 2004; and

(b)for an activity, includes a person conditionally registered as a dentist under the Health Professionals Act 2004 to the extent that the person is allowed to do the activity under the person’s conditional registration.

Part 4.4Periodic Detention Act 1995

[4.4]Section 3 (1), definition of dentist

omit

Part 4.5Pharmacy Act 1931

[4.5]Section 2 (1), definition of dentist

omit

Part 4.6Repeal of legislation consequential on repeal of Dentists Act 1931

·    Dentists Act 1931—Determination of Fees 2002 DI2002‑100

·    Election of Three Members of the Dental Board of the Australian Capital Territory 2002 Declaration of Nominations NI2002‑159

·    Health Professions Boards (Elections) Election of Three Members of the Dental Board of the Australian Capital Territory 2002 Declaration of Successful Candidates NI2002‑219

·    Health Professions Boards (Procedures)—Dental Board of the ACT 2002 (No 1) DI2002-205


Schedule 5Medical practitioners

(see s 2)

Part 5.1Birth (Equality of Status) Act 1988

[5.1]Section 3, definition of registered medical practitioner

omit

[5.2]Section 19 (3)

omit

registered medical practitioner

substitute

doctor

Part 5.2Births, Deaths and Marriages Registration Act 1997

[5.3]Section 4 (1), definition of doctor

omit

[5.4]Section 23, definition of doctor

omit

Part 5.3Boxing Control Act 1993

[5.5]Section 3, definition of medical practitioner

omit

Part 5.4Chiropractors and Osteopaths Act 1983

[5.6]Section 3 (1), definition of medical practitioner

omit

Part 5.5Coroners Act 1997

[5.7]Section 3 (1), definition of medical practitioner

omit

Part 5.6Dentists Act 1931

[5.8]Section 3, definition of registered medical practitioner

omit

[5.9]Section 77

substitute

  1. Doctor may give dental services

    (1)A doctor may give a dental service.

    (2)If a doctor gives a dental service, the service is taken to be a medical service for the purpose of recovering payment for the service.

Part 5.7Drugs of Dependence Act 1989

[5.10]Section 3 (1), definition of intern

substitute

intern means a person who is conditionally registered as a medical practitioner under the Health Professionals Act 2004 because the person would be entitled to apply for unconditional registration if the person had completed a period of supervised training that the person has started.

[5.11]Section 3 (1), definition of medical practitioner

omit

Part 5.8Health Records (Privacy and Access) Act 1997

[5.12]Section 4, definition of medical board

substitute

medical board means the medical board established under the Health Professionals Act 2004.

Part 5.9Legislation Act 2001

[5.13]Dictionary, part 1, definition of doctor

substitute

doctor—

(a)means a person unconditionally registered as a medical practitioner under the Health Professionals Act 2004; and

(b)for an activity, includes a person conditionally registered as a medical practitioner under the Health Professionals Act 2004 to the extent that the person is allowed to do the activity under the person’s conditional registration.

Part 5.10Long Service Leave (Building and Construction Industry) Act 1981

[5.14]Section 3 (1), definition of registered medical practitioner

omit

[5.15]Section 56A

omit

registered medical practitioner’s

substitute

doctor’s

[5.16]Further amendments, mentions of registered medical practitioner

omit

registered medical practitioner

substitute

doctor

in

·   section 42 (2) (c)

·   section 56

·   section 56B (2) (b)

[5.17]Further amendments, mentions of registered medical practitioners

omit

registered medical practitioners

substitute

doctors

in

·   section 56 (3)

·   section 56B (2) (b) (ii)

Part 5.11Medical Services (Fees) Act 1984

[5.18]Section 2, definition of medical practitioner

omit

Part 5.12Optometrists Act 1956

[5.19]Section 3 (1), definition of medical practitioner

omit

Part 5.13Periodic Detention Act 1995

[5.20]Section 3 (1), definition of medical practitioner

omit

Part 5.14Pharmacy Act 1931

[5.21]Section 2 (1), definition of medical practitioner

omit

Part 5.15Physiotherapists Act 1977

[5.22]Section 3 (1), definition of medical practitioner

omit

Part 5.16Podiatrists Act 1994

[5.23]Section 3 (1), definition of medical practitioner

omit

Part 5.17Public Sector Management Act 1994

[5.24]Section 3, definition of medical practitioner

omit

[5.25]Further amendments, mentions of medical practitioner

omit

medical practitioner

substitute

doctor

in

·   section 3, definition of authorised medical practitioner

·   section 70 (9) (a)

·   section 146 (1)

·   section 173

·   section 206 (6) (b)

Part 5.18Radiation Act 1983

[5.26]section 8 (1) (a)

substitute

(a)a member who is a doctor registered under the Health Professionals Act 2003 in the specialist area of radiology; and

Part 5.19Remand Centres Act 1976

[5.27]Section 3, definition of registered medical practitioner

omit

[5.28]Further amendments, mentions of registered medical practitioner

omit

registered medical practitioner

substitute

doctor

in

·   section 6AA (3) (b)

·   section 14

·   section 20 (f)

Part 5.20Sexually Transmitted Diseases Act 1956

[5.29]Section 4, definition of medical practitioner

omit

Part 5.21Trans-Tasman Mutual Recognition Act 1997

[5.30]Schedule 4, clause 2

omit

Medical Practitioners Act 1930

substitute

Health Professionals Act 2004

Part 5.22Tuberculosis Act 1950

[5.31]Section 3, definition of medical practitioner

omit

Part 5.23Repeal of legislation consequential on repeal of Medical Practitioners Act 1930

·    Health Professions Boards (Elections) Election of Three Members of the Medical Board of the Australian Capital Territory 2002 Declaration of Nominations NI2002‑192

·   Health Professions Boards (Elections) Election of Three Members of the Medical Board of the Australian Capital Territory 2002 Declaration of Successful Candidates NI2002‑270

·    Health Professions Boards (Procedures)—Appointment of Solicitor 2003 (No 2) NI2003-63

·    Health Professions Boards (Procedures)—Appointment of Solicitor 2003 (No 3) NI2003-331

·    Health Professions Boards (Procedures)—Appointment of Solicitor 2003 (No 4) NI2003-343

·   Health Professions Boards (Procedures)—Medical Board Appointments 2003 (No 1) DI2003-187

·   Health Professions Boards (Procedures)—Medical Board of the ACT Appointments 2002 (No 1) DI2002-174

·   Health Professions Boards (Procedures)—Medical Board of the ACT Appointments 2002 (No 2) DI2002-188

·   Health Professions Boards (Procedures) Election of Deputy Chairperson of the Medical Board 2003 (No 1) NI2003-310

·   Medical Practitioners – Abortion – Approval of a medical facility 2002 (No 1) NI2002-294

·   Medical Practitioners – Abortion – Approval of a medical facility 2002 (No 2) NI2002-295

·   Medical Practitioners – Abortion – Approval of a medical facility 2002 (No 3) NI2002-296

·   Medical Practitioners – Abortion – Approval of a medical facility 2002 (No 4) NI2002-297

·   Medical Practitioners – Abortion – Approval of a medical facility 2002 (No 5) NI2002-298

·    Medical Practitioners (Advertising) Regulations 1985 SL1985‑14

·   Medical Practitioners Act 1930 Determination of Fees 2001 DI2001-91

·   Medical Practitioners – Publication of registered medical practitioners 2003 (No 1) NI2003-117


Schedule 6Nurses

(see s 3)

Part 6.1Birth (Equality of Status) Act 1988

[6.1]Section 3, definition of registered nurse

substitute

registered nurse—

(a)see the Legislation Act, dictionary, part 1, definition of nurse; and

(b)includes a person registered under a corresponding law of a State.

Part 6.2Children and Young People Act 1999

[6.2]Section 159 (1) (c)

substitute

(c)a person registered under the Health Professionals Act 2004 as a nurse; or

NoteRegistered includes enrolled (see Health Professionals Act 2004, dict).

Part 6.3Crimes Act 1900

[6.3]Section 76 (2) (a)

omit

registered midwife under the Nurses Act 1988

insert

a person registered as a nurse under the Health Professionals Act 2004 in the specialist area of midwifery

Part 6.4Drugs of Dependence Act 1989

[6.4]Section 3 (1), definition of enrolled nurse

substitute

enrolled nurse means a person enrolled as a nurse under the Health Professionals Act 2004.

[6.5]Section 3 (1), definition of nurse

substitute

nurse—see Legislation Act, dictionary, part 1.

Part 6.5Juries Act 1967

[6.6]Schedule 2, part 2.2, item 5, column 2

omit

Nurses Act 1988

insert

Health Professionals Act 2004

Part 6.6Legislation Act 2001

[6.7]Dictionary, part 1, definition of nurse

substitute

nurse—

(a)means a person unconditionally registered as a nurse under the Health Professionals Act 2004; and

(b)for an activity, includes a person conditionally registered as a nurse under the Health Professionals Act 2004 to the extent that the person is allowed to do the activity under the person’s conditional registration; but

(c)does not include an enrolled nurse.

NoteUnder the Mutual Recognition Act 1992 (Cwlth), s 25 people registered as nurses in a State may be deemed to be registered in the ACT.

[6.8]Dictionary, part 1, definition of nurse practitioner

substitute

nurse practitioner means a person registered as a nurse under the Health Professionals Act 2004 in the specialist area of nurse practitioner.

NoteUnder the Mutual Recognition Act 1992 (Cwlth), s 25 people registered as nurses in a specialty in a State may be deemed to be registered in the specialty in the ACT.

Part 6.7Mental Health (Treatment and Care) Act 1994

[6.9]Section 4, definition of mental health nurse

substitute

mental health nurse means a person registered as a nurse under the Health Professionals Act 2004 in the specialist area of mental health nurse.

NoteUnder the Mutual Recognition Act 1992 (Cwlth), s 25 people registered as nurses in a specialty in a State may be deemed to be registered in the specialty in the ACT.

Part 6.8Periodic Detention Act 1995

[6.10]Section 3 (1), definition of nurse

omit

Part 6.9Physiotherapists Act 1977

[6.11]Section 3 (1), definition of nurse

substitute

nurse—

(a)see the Legislation Act, dictionary, part 1, definition of nurse; and

(b)includes a person enrolled as a nurse under the Health Professionals Act 2004.

NoteUnder the Mutual Recognition Act 1992 (Cwlth), section 25 people registered or enrolled as nurses in a State may be deemed to be registered or enrolled in the ACT.

Part 6.10Transplantation and Anatomy Act 1978

[6.12]Section 4 (1), definition of enrolled nurse

substitute

enrolled nurse means a person enrolled as a nurse under the Health Professionals Act 2004.

[6.13]Section 4 (1), definition of registered nurse

substitute

registered nurse—see Legislation Act, dictionary, part 1, definition of nurse.

Part 6.11Repeal of legislation consequential on repeal of Nurses Act 1988

·    Health Professions Boards (Elections) Election of Two Members of the Nurses Board of the Australian Capital Territory 2002 Declaration of Nominations  NI2002-372

·    Health Professions Boards (Elections) Election of Four Members of the Nurses Board of the Australian Capital Territory 2002 Declarations of Nominations and Successful Candidates NI2002-324

·    Health Professions Boards (Elections)—Election of Two Members of the Nurses Board of the Australian Capital Territory 2003 Declaration of successful candidates NI2003-46

·    Health Professions Boards (Procedures)—Nurses Board of the ACT Appointments 2002 (No 2) DI2002-219

·    Health Professions Boards (Procedures)—Appointment of Solicitor 2003 (No 1) NI2003-56

·    Health Professions Boards (Procedures) - Nurses Board of the ACT Appointment 2003 (No 1) NI2003-72

·    Nurses Act 1998 Determination of Fees 1996 DI1996-5

·    Nurses (Registered or Enrolled) Notice 2003 (No 1) NI2003‑188

Schedule 7Optometrists

(see s 3)

Part 7.1Repeal of legislation consequential on repeal of Optometrists Act 1956

·    Health Professions Boards (Elections) Election of One Members of the Optometrists Board of the Australian Capital Territory 2003 Declarations of Nominations and Successful Candidates NI2003‑45

·    Health Professions Boards (Procedures) Optometrist Board Appointments 2002 (No 1) DI2002-175

·    Optometrists—Determination of Fees 2003 (No 1) DI2003‑117

Schedule 8Pharmacists

(see s 3)

Part 8.1Drugs of Dependence Act 1989

[8.1]Section 3 (1), definition of pharmacist

omit

Part 8.2Legislation Act 2001

[8.2]Dictionary, pt 1, definition of pharmacist

substitute

pharmacist—

(a)means a person unconditionally registered as a pharmacist under the Health Professionals Act 2004; and

(b)for an activity, includes a person conditionally registered as a pharmacist under the Health Professionals Act 2004 to the extent that the person is allowed to do the activity under the person’s conditional registration.

Part 8.3Repeal of legislation consequential on repeal of Pharmacy Act 1931

·    Election of three members of the Pharmacy Board of the Australian Capital Territory Declaration of Nominations NI2002‑101

·    Election of Three Members of the Pharmacy Board of the Australian Capital Territory 2002 Declaration of Successful Candidates NI2002‑151

·    Health Professions Boards (Elections) Election of Three Members of the Pharmacy Board of the Australian Capital Territory 2002 Declaration of Successful Candidates NI2002‑191

·    Health Professions Boards (Procedures) (Pharmacy Board Deputy Chairperson Election) Notice 2004 (No 1) NI2004‑37

·    Health Professions Boards (Procedures)—Pharmacy Board of the ACT 2002 (No 1) DI2002-199

·    Health Professions Boards (Procedures)—Pharmacy Board of the ACT 2003 (No 1) DI2003-188

·    Health Professions Boards (Procedures)—Pharmacy Board of the ACT 2003 (No 1) NI2003-263

·    Pharmacy (Fees) Determination 2003 (No 1) DI2003-114

Schedule 9Physiotherapists

(see s 3)

Part 9.1Chiropractors and Osteopaths Act 1983

[9.1]Section 3 (1), definition of physiotherapist

substitute

physiotherapist means a person registered as a physiotherapist under the Health Professionals Act 2004.

Part 9.2Podiatrists Act 1994

[9.2]Section 3 (1), definition of physiotherapist

substitute

physiotherapist means a person registered as a physiotherapist under the Health Professionals Act 2004.

Part 9.3Repeal of legislation consequential on repeal of Physiotherapists Act 1977

·    Health Professions Boards (Elections) Election of Three Members of the Physiotherapists Board of the Australian Capital Territory 2002 Declarations of Nominations and Successful Candidates NI2002‑299

·    Physiotherapists Board of the ACT Appointments 2002 (No 1) DI2002-168

·    Physiotherapists—Determination of Fees 2003 (No 1) DI2003‑116

Schedule 10      Podiatrists

(see s 3)

Part 10.1Poisons Act 1933

[10.1]New section 23

insert

  1. References to podiatrist in DI2004‑8

    (1)This section applies to the Poisons (Fees) Determination 2004 (No 1) DI2004-8.

    (2)A reference in the determination to a registered podiatrist under the Podiatrist Act 1994 is taken to be a reference to a person registered as a podiatrist under the Health Professionals Act 2004.

    (3)This section expires on the day the Health Professionals Act 2004, section 136 (Repeals) expires.

Part 10.2Repeal of legislation consequential on repeal of Podiatrists Act 1994

·    Podiatrists Act 1994 Appointment DI2001‑194

·    Podiatrists Act 1994 Appointment DI2001‑195

·    Podiatrists Act 1994 Appointment DI2001‑196

·    Podiatrists Act 1994 Appointment DI2001‑197

·    Podiatrists Act 1994 Appointment DI2001‑198

·    Podiatrists (Fees) Determination 2004 (No 1) DI2004‑6

Schedule 11Psychologists

(see s 3)

Part 11.1Victims of Crime (Financial Assistance) Act 1983

[11.1]Section 2, definition of health professional

substitute

health professional—see the Health Professionals Act 2004, section 14.

Part 11.2Repeal of legislation consequential on repeal of Psychologists Act 1994

·    Health Professions Boards (Procedures) (Psychologists Board Chairperson Election) Notice 2004 (No 1) NI2004‑44

·    Health Professions Boards (Procedures)—Psychologists Board of the ACT 2003 (No 1) DI2003-42

·    Health Professions Boards (Procedures)—Psychologists Board of the ACT 2003 (No 2) DI2003-80

·    Psychologists Board Appointments 2001 DI2001-318

·    Psychologists Act 1994 Determination of Fees 1997 DI1997‑163

·    Psychologists—Determination of Fees 2003 (No 1) DI2003‑94

Schedule 12Miscellaneous

(see s 3)

Part 12.1Veterinary Surgeons Act 1965

[12.1]Section 7 (1)

substitute

(1)The board consists of—

(a)a chairperson appointed under the Health Professions Boards (Procedures) Act 1981 (repealed); and

(b)2 other members appointed under that Act; and

(c)2 members elected, as occasion requires, under the Health Professions Boards (Elections) Act 1980 (repealed).

[12.2]Section 7

renumber subsections when Act next republished under Legislation Act

Part 12.2Repeal of legislation consequential on repeal of Health Professions Boards (Elections) Act 1980

·    Health Professions Boards (Elections) Act 1980—Form 1 AF2002-98

·    Health Professions Boards (Elections) Act 1980—Form 2 AF2002-99

·    Health Professions Boards (Elections) Act 1980—Form 3 AF2002-100

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 11 March 2004.

  2. Notification

    Notified under the Legislation Act on 8 July 2004.

  3. Republications of amended laws

    For the latest republication of amended laws, see certify that the above is a true copy of the Health Professionals Legislation Amendment Bill 2004, which was passed by the Legislative Assembly on 1 July 2004.

    Acting Clerk of the Legislative Assembly

    © Australian Capital Territory 2004

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