Health Professionals (Special Events Exemption) Act 2000 (WA)

Western Australia

Health Professionals (Special Events Exemption) Act 2000

Western Australia

Health Professionals (Special Events Exemption) Act 2000 ContentsPart 1 — Preliminary1 — Short title2 — Commencement3 — Terms used4 — Term used: visitor5 — Term used: visiting health professionalPart 2 — Special events exemptions6 — Special events7 — Provision of health care services by visiting health professionals authorised8 — Conditions on practice by visiting health professionals9. Supply of medicines 710 — Request for use of irradiating apparatus etc. authorised11 — Exemptions12 — Operation of authorisationsPart 3 — Miscellaneous13 — Complaints about visiting health professionals14 — Application of Act to particular persons15 — Act does not limit the practice of registered health professionals16 — Regulations17 — Review of ActNotesCompilation table — Compilation tableDefined terms

Western Australia

Health Professionals (Special Events Exemption) Act 2000

Health Professionals (Special Events Exemption) Act 2000

An Act to allow visiting health professionals to provide health care services to visitors to the State in connection with special events, and for related purposes.

Part 1 – Preliminary1.Short title

This Act may be cited as the Health Professionals (Special Events Exemption) Act 2000 1.

2.Commencement

This Act comes into operation on the day on which it receives the Royal Assent 1.

3.Terms used

• (1)

  In this Act, unless the contrary intention appears — 

exemption period, in relation to a special event, means the period or periods specified in an order under section 6 that applies to the event;

health care services means — 

• (a)

  services ordinarily provided by chiropractors, dental hygienists, dental therapists, dental prosthetists, dentists, medical practitioners, nurses, occupational therapists, optometrists, osteopaths, pharmacists, physiotherapists, podiatrists and psychologists; and

• (b)

  any other prescribed health care service;

Health Registration Act means the National Health Practitioner Regulation National Law ( Western Australia );

medicine has the meaning given in the Medicines and Poisons Act 2014 section 3;

prepare includes train, practise, rehearse and acclimatize;

registered means registered, licensed or enrolled under a Health Registration Act, or deemed to be so registered, licensed or enrolled;

special event means an event, or class of event, that is declared to be a special event by order under section 6;

visiting health professional has the meaning given by section 5;

visitor has the meaning given by section 4.

• (2)

  An order made under this Act is subsidiary legislation within the meaning of the Interpretation Act 1984.

[Section 3 amended: No. 28 of 2005 Sch. 3 cl. 5; No. 29 of 2005 Sch. 3 cl. 3; No. 30 of 2005 Sch. 3 cl. 3; No. 31 of 2005 Sch. 3 cl. 3; No. 32 of 2005 Sch. 3 cl. 3; No. 33 of 2005 Sch. 3 cl. 3; No. 42 of 2005 Sch. 3 cl. 4; No. 11 of 2006 s. 4; No. 21 of 2006 Sch. 3 cl. 3; No. 50 of 2006 Sch. 3 cl. 10; No. 22 of 2008 Sch. 3 cl. 25; No. 19 of 2010 s. 51; No. 35 of 2010 s. 78; No. 13 of 2014 s. 161.]

4.Term used: visitor

A person is a visitor for the purposes of this Act if — 

• (a)

  the person is a resident of another country who is in the State for the purpose of — 

  • (i)

    officially participating in a special event; or

  • (ii)

    preparing for official participation in a special event;

or

• (b)

  the person is a resident of another country who is appointed, employed, contracted or otherwise engaged to manage, train or otherwise assist a person referred to in paragraph (a) and is in the State for that purpose; or

• (c)

  the person is a resident of Australia who is in the State for a purpose referred to in paragraph (a) or (b) and is a member of a group the majority of members of which are persons referred to in paragraph (a) or (b) who are in the State for the same purpose.

5.Term used: visiting health professional

A person is a visiting health professional for the purposes of this Act if — 

• (a)

  the person is an individual who is a resident of another country; and

• (b)

  the person is appointed, employed, contracted or otherwise engaged to provide health care services to a visitor; and

• (c)

  the person is not registered; and

• (d)

  notice is given of the person’s intention to provide health care services in the State to a visitor in accordance with the procedure specified in the order under section 6 declaring the special event.

Part 2 – Special events exemptions6.Special events

• (1)

  The Minister may, by order published in the Gazette, declare an event, or class of events, specified in the order to be a special event for the purposes of this Act.

• (2)

  An order may be made in relation to — 

  • (a)

    any sporting, cultural or other event that is to take place or is taking place in the State and that, in the opinion of the Minister, will attract a significant number of participants from other countries; or

  • (b)

    any sporting, cultural or other event that —

    • (i)

      is declared to be a special event under a law of another State or Territory that corresponds to this Act; and

    • (ii)

      in the opinion of the Minister, will attract visitors to the State.

• (3)

  The order is to specify — 

  • (a)

    the period or periods in which the exemptions under this Act have effect in respect of the special event; and

  • (b)

    the procedure by which notice is to be given of a person’s intention to provide health care services in the State to a visitor.

• (4)

  The exemption period for a special event may include any period or periods before or after the special event takes place.

7.Provision of health care services by visiting health professionals authorised

A visiting health professional is authorised to provide health care services to a visitor for whom the health professional has been appointed, employed, contracted or otherwise engaged to provide those services.

8.Conditions on practice by visiting health professionals

• (1)

  It is a condition on the provision of health care services by each visiting health professional that the visiting health professional is not to provide health care services other than health care services that may be lawfully provided in this State by a registered health professional of the like profession.

• (2)

  It is a condition on the provision of health care services by each visiting health professional that the visiting health professional is not to administer, possess, prescribe or supply a medicine in the course of providing health care services authorised under this Act other than a medicine that may lawfully be administered, possessed, prescribed or supplied in this State by a registered health professional of the like profession.

• (3)

  The Minister may, by an order under section 6, do one or more of the following:

  • (a)

    impose further conditions on the provision of health care services by a visiting health professional;

  • (b)

    exempt a visiting health professional from the condition referred to in subsection (1);

  • (c)

    exempt a visiting health professional from the condition referred to in subsection (2).

• (4)

  A condition or exemption may apply generally or apply to a particular special event or to a particular person or class of persons specified in the order.

• (5)

  The regulations may make provision for or with respect to conditions to be imposed on the provision of health care services by a visiting health professional.

• (6)

  If there is conflict or inconsistency between a regulation referred to in subsection (5) and a condition imposed under subsection (3), the regulation, to the extent of the conflict or inconsistency, prevails.

[Section 8 amended: No. 13 of 2014 s. 162.]

9.Supply of medicines

• (1)

  The Minister may, by an order under section 6, authorise a person, or a class of persons, to supply a medicine —

  • (a)

    in accordance with a prescription issued by a visiting health professional; or

  • (b)

    to a visiting health professional as if the visiting health professional were a registered health professional of the like profession.

• (2)

  The Minister is not to make an order containing an authorisation referred to in subsection (1) unless —

  • (a)

    the person or the class of persons authorised to supply the medicine is authorised under the Medicines and Poisons Act 2014 to supply the medicine to, or in accordance with a prescription issued by, a registered health professional of the like profession; and

  • (b)

    the Minister is satisfied that adequate arrangements are in place to ensure that the medicines concerned will only be used in connection with the provision of health services that are authorised under this Act.

• (3)

  An order under section 6 may impose conditions on any authorisation referred to in this section that is conferred by the order.

[Section 9 inserted: No. 13 of 2014 s. 163.]

10.Request for use of irradiating apparatus etc. authorised

• (1)

  A visiting health professional may request the holder of a licence under section 26(1)(a) of the Radiation Safety Act 1975 to undertake diagnosis or therapy referred to in that section only if the visiting health professional is authorised to do so by an order under section 6.

• (2)

  The Minister may, by an order under section 6 authorise a visiting health professional or a class of visiting health professionals, in the course of providing health care services in accordance with this Act, to request the holder of a licence under section 26(1)(a) of the Radiation Safety Act 1975 to undertake diagnosis or therapy referred to in that section.

• (3)

  An order under section 6 may impose conditions on any authorisation referred to in this section that is conferred by the order.

11.Exemptions

• (1)

  A visiting health professional does not commit an offence under a Health Registration Act, the Medicines and Poisons Act 2014, the Radiation Safety Act 1975 or the Misuse of Drugs Act 1981 for — 

  • (a)

    providing health care services as authorised under this Act; or

  • (b)

    administering, possessing, prescribing or supplying a medicine in the course of providing those authorised health care services where the medicine is —

    • (i)

      lawfully imported or lawfully obtained in Australia by the visiting health professional; and

    • (ii)

      a medicine that may lawfully be administered, possessed, prescribed or supplied by a registered health professional of the like profession;

  or

• [(c)

  deleted.]

  • (d)

    requesting the holder of a licence under the Radiation Safety Act 1975 to undertake diagnosis or therapy in the course of providing those authorised health care services; or

  • (e)

    holding himself or herself out as being able to provide those authorised health care services; or

  • (f)

    using any name, initials, description, word, symbol, addition or title that the visiting health professional ordinarily uses.

• (2)

  A visitor does not commit an offence under the Medicines and Poisons Act 2014 or the Misuse of Drugs Act 1981 for using or possessing any medicine as a result of being provided with health care services in accordance with this Act.

• (3)

  A person does not commit an offence under the Medicines and Poisons Act 2014 or the Misuse of Drugs Act 1981 for supplying a medicine in accordance with a prescription issued by a visiting health professional if —

  • (a)

    the visiting health professional is authorised under this Act to issue the prescription; and

  • (b)

    the person is authorised under this Act to supply the medicine in accordance with such a prescription; and

  • (c)

    the supply would be lawful under the Medicines and Poisons Act 2014 if the prescription had been issued by a registered health professional of the like profession.

• (4A)

  A person does not commit an offence under the Medicines and Poisons Act 2014 or the Misuse of Drugs Act 1981 for supplying a medicine to a visiting health professional if —

  • (a)

    the person is authorised under this Act to supply the medicine; and

  • (b)

    the supply would be lawful under the Medicines and Poisons Act 2014 if the visiting health professional were a registered health professional of the like profession.

• (4)

  The regulations may prescribe other offences to which subsection (1), (2), (3) or (4A) applies.

[Section 11 amended: No. 13 of 2014 s. 164.]

12.Operation of authorisations

• (1)

  Section 7 and any authorisation referred to in section 9 or 10 operate in relation to a visiting health professional during the exemption period for the special event in respect of which notice is given by or on behalf of that visiting health professional under section 5(d) and at no other time.

• (2)

  Section 7 and any authorisation referred to in section 9 or 10 do not operate in relation to a visiting health professional if the visiting health professional fails to comply with the provisions of this Act, the regulations or any relevant conditions imposed by or under this Act.

Part 3 – Miscellaneous13.Complaints about visiting health professionals

• (1)

  A complaint may not be made about a visiting health professional under the Health and Disability Services (Complaints) Act 1995 or a Health Registration Act and no disciplinary action may be taken against a visiting health professional under those Acts.

• (2)

  This section does not prevent the bringing of proceedings for an offence under an Act referred to in subsection (1).

[Section 13 amended: No. 33 of 2010 s. 58.]

14.Application of Act to particular persons

The Minister may at any time, by order published in the Gazette, declare that this Act, or a specified provision of this Act, does not apply to or in respect of a specified person or class of persons, and that order has effect according to its terms.

15.Act does not limit the practice of registered health professionals

This Act does not prejudice or affect the lawful occupation, trade or business of any person who is registered.

16.Regulations

• (1)

  The Governor may make regulations prescribing all matters required or permitted by this Act to be prescribed or necessary or convenient to be prescribed for carrying out this Act.

• (2)

  A regulation may create an offence punishable by a penalty not exceeding $1 000.

17.Review of Act

• (1)

  The Minister is to carry out a review of the operation and effectiveness of this Act as soon as is practicable after the expiry of 5 years from its commencement.

• (2)

  The Minister is to prepare a report based on the review and, as soon as is practicable after the report is prepared, (and in any event not more than 12 months after the expiration of the 5 year period referred to in subsection (1)) is to cause the report to be laid before each House of Parliament.

Notes

1          This is a compilation of the Health Professionals (Special Events Exemption) Act 2000 and includes the amendments made by the other written laws referred to in the following table.   The table also contains information about any reprint.

Compilation table

Short title	Number and year		Assent		Commencement
Health Professionals (Special Events Exemption) Act 2000	7 of 2000		14 Apr 2000		14 Apr 2000 (see s. 2)
Psychologists Act 2005 Sch. 3 cl. 5	28 of 2005		12 Dec 2005		4 May 2007 (see s. 2 and Gazette 4 May 2007 p. 1963)
Optometrists Act 2005 Sch. 3 cl. 3	29 of 2005		12 Dec 2005		20 Apr 2007 (see s. 2 and Gazette 30 Mar 2007 p. 1451)
Podiatrists Act 2005 Sch. 3 cl. 3	30 of 2005		12 Dec 2005		30 May 2007 (see s. 2 and Gazette 29 May 2007 p. 2486)
Chiropractors Act 2005 Sch. 3 cl. 3	31 of 2005		12 Dec 2005		1 Aug 2007 (see s. 2 and Gazette 31 Jul 2007 p. 3789)
Physiotherapists Act 2005 Sch. 3 cl. 3	32 of 2005		12 Dec 2005		23 Feb 2007 (see s. 2 and Gazette 20 Feb 2007 p. 505)
Osteopaths Act 2005  Sch. 3 cl. 3	33 of 2005		12 Dec 2005		30 May 2007 (see s. 2 and Gazette 29 May 2007 p. 2486)
Occupational Therapists Act 2005 Sch. 3 cl. 4	42 of 2005		19 Dec 2005		1 Aug 2007 (see s. 2 and Gazette 31 Jul 2007 p. 3789)
Optical Dispensers Repeal Act 2006 s. 4	11 of 2006		11 May 2006		11 May 2006 (see s. 2)
Medical Radiation Technologists Act 2006 Sch. 3 cl. 3	21 of 2006		9 Jun 2006		1 Jul 2007 (see s. 2 and Gazette 26 Jun 2007 p. 3013)
Nurses and Midwives Act 2006 Sch. 3 cl. 10	50 of 2006		6 Oct 2006		19 Sep 2007 (see s. 2 and Gazette 18 Sep 2007 p. 4711)
Reprint 1: The Health Professionals (Special Events Exemption) Act 2000 as at 12 Oct 2007 (includes amendments listed above)
Medical Practitioners Act 2008 Sch. 3 cl. 25	22 of 2008		27 May 2008		1 Dec 2008 (see s. 2 and Gazette 25 Nov 2008 p. 4989)
Standardisation of Formatting Act 2010 s. 51	19 of 2010		28 Jun 2010		11 Sep 2010 (see s. 2(b) and Gazette 10 Sep 2010 p. 4341)
Health and Disability Services Legislation Amendment Act 2010 s. 58	33 of 2010		30 Aug 2010		30 Nov 2010 (see s. 2(b) and Gazette 17 Sep 2010 p. 4757)
Health Practitioner Regulation National Law (WA) Act 2010 Pt. 5 Div. 24	35 of 2010		30 Aug 2010		s. 77 and 78(1): 18 Oct 2010 (see s. 2(b) and Gazette 1 Oct 2010 p. 5075-6); s. 78(2): 1 Jul 2012 (see s. 2(b) and Gazette 19 Jun 2012 p. 2631)
Reprint 2: The Health Professionals (Special Events Exemption) Act 2000 as at 7 Mar 2014 (includes amendments listed above)
Medicines and Poisons Act 2014 Pt. 11 Div. 2	13 of 2014	2 Jul 2014		30 Jan 2017 (see s. 2(b) and Gazette 17 Jan 2017 p. 403)

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

exemption period.......................................................................................................... 3(1)

health care services..................................................................................................... 3(1)

Health Registration Act.............................................................................................. 3(1)

medicine......................................................................................................................... 3(1)

prepare........................................................................................................................... 3(1)

registered....................................................................................................................... 3(1)

special event................................................................................................................. 3(1)

visiting health professional.................................................................................... 3(1), 5

visitor......................................................................................................................... 3(1), 4