Pathology Services Accreditation (Amendment) Act 2002 (Vic)

Pathology Services Accreditation (Amendment) Act

2002

Act No. 28/2002

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	1
3.	Definition	2
4.	Limitations and restrictions on accreditation to be entered on
Register	2
5.	Certificates as to limitations or restrictions on accreditation	2
6.	New section 17A inserted	3
17A.	Restrictions and limitations on accreditation	3
7.	Suspension and cancellation	4
8.	Appeals against imposition of limitations or restrictions	4
9.	Return of accreditation certificate	5
10.	Prohibition on performance of certain tests	5
11.	Directions	5
12.	Effect of suspension or cancellation and offences concerning
fraud	6
13.	Penalties	6
14.	Offences	6
15.	Further offences	7
16.	New Part XII inserted	7
PART XII—TRANSITIONALS	7
41. Transitionals—limitations etc. on current accreditations	7

═══════════════

ENDNOTES 8

i

Victoria

No. 28 of 2002

Pathology Services Accreditation

(Amendment) Act 2002†

[Assented to 12 June 2002]

The Parliament of Victoria enacts as follows:

1. Purpose

The main purpose of this Act is to amend the Pathology Services Accreditation Act 1984 to make further provision for the accreditation of pathology services.

2. Commencement

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

Pathology Services Accreditation (Amendment) Act 2002

Act No. 28/2002 s. 3

3. Definition

See:

In section 3(1) of the Pathology Services	Act No.
Accreditation Act 1984 insert the following	10083 Reprint No. 2
definition—	as at 18 March
' "accredited pathology service" means a	1999

pathology service accredited under section	and amending
13(8) or deemed to be accredited under	Act Nos
section 18A;'.	26/1999 and 11/2002 and
G.G. 21.12.00
p. 3049.
LawToday:
dpc.vic.
gov.au

4.  Limitations and restrictions on accreditation to be entered on Register

After section 11(1)(d) of the Pathology Services
Accreditation Act 1984 insert—

"(da) any limitation or restriction imposed on the

accreditation of the pathology service by the
Board; and".

5.  Certificates as to limitations or restrictions on accreditation

In section 12 of the Pathology Services

Accreditation Act 1984—

(a) in paragraph (c) for "placed—" substitute "placed; or";

(b) after paragraph (c) insert—

"(d) that the accreditation of a pathology

service is or is not or was or was not at any particular date or period subject to any limitation or restriction; or

Pathology Services Accreditation (Amendment) Act 2002

s. 6 Act No. 28/2002

(e) any limitation or restriction that the accreditation of the pathology service is or was subject to at any particular date or period—".

6. New section 17A inserted

After section 17 of the Pathology Services

Accreditation Act 1984 insert—

"17A. Restrictions and limitations on

accreditation

(1) The Board may impose any limitation or

restriction on—

(a)	granting accreditation to a pathology service under section 13(8);
(b)	deeming a pathology service to be accredited under section 18A(1) or (3);
(c)	renewing the accreditation of a pathology service under section 16.

(2) Without limiting sub-section (1), the Board

may impose a limitation or restriction that
relates to the type of tests the pathology
service can perform.

(3) The Board may impose any limitation or restriction on an accreditation or deemed accreditation during the period of that

accreditation in accordance with sub-section

(4).

(4) The Board must not impose any limitation or

restriction on the accreditation or deemed accreditation of a pathology service unless the Board has—

(a) given notice in writing to the pathology service of the Board's intention to impose the limitation or restriction; and

Pathology Services Accreditation (Amendment) Act 2002

Act No. 28/2002 s. 7

(b)	considered any submissions whether oral or in writing made to the Board by the pathology service within 7 days after the giving of the notice; and
(c)	considered any other submissions and any other matters the Board considers appropriate.

(5) If the Board decides to impose any limitation

or restriction on an accredited pathology
service the Board must give notice in writing
of the limitation or restriction to the
pathology service.".

7. Suspension and cancellation

At the end of section 18 of the Pathology

Services Accreditation Act 1984 insert—

"(2) The Board may suspend or cancel the

accreditation of an accredited pathology
service if it is of the opinion that there is or
could be a serious risk to the public health
because there has been a serious breach of a
limitation or restriction imposed on the
accreditation.".

8.  Appeals against imposition of limitations or restrictions

In section 26(1) of the Pathology Services

Accreditation Act 1984—

(a) in paragraph (b)(ii) for "service—" substitute "service; or";

(b) after paragraph (b) insert—

"(c) the proprietor of an accredited

pathology service is aggrieved by the
imposition of any limitation or
restriction on the accreditation—";

Pathology Services Accreditation (Amendment) Act 2002

s. 9 Act No. 28/2002

(c) after "that accreditation" insert "or the imposition of the limitation or restriction".

9. Return of accreditation certificate

In section 27(1) of the Pathology Services

Accreditation Act 1984—

(a)	after "by the Board" insert "or the Board has imposed any limitation or restriction on an accreditation";
(b)

for "or cancellation" substitute or restriction".

10. Prohibition on performance of certain tests

In section 30(1) of the Pathology Services

Accreditation Act 1984—

(a) in paragraph (b) for "category—" substitute "category;";

(b) after paragraph (b) insert—

"(c) in an accredited pathology service or a pathology service that is deemed to be accredited performs a test which it is

not permitted to perform because of a
limitation or restriction placed on its

accreditation—".

11. Directions

(1) After section 32(1) of the Pathology Services

Accreditation Act 1984 insert—

"(1A) If the Board is of the opinion that a limitation

or restriction that is imposed on the
accreditation or deemed accreditation of a
pathology service is not being complied with
by the pathology service, the Board may give
to the proprietor of the pathology service any
directions in writing that it thinks necessary
to enable the limitation or restriction to be

Pathology Services Accreditation (Amendment) Act 2002

Act No. 28/2002 s. 12

complied with and must state in the direction
the time within which the proprietor must

comply with the direction.".

(2) In section 32(2) of the Pathology Services

Accreditation Act 1984—

(a) in paragraph (a) after "accreditation" insert "or deemed accreditation";

(b) at the end of paragraph (a) insert "; or";

(c) after paragraph (b) insert—

"(ba) impose a further limitation or

restriction on the accreditation or
deemed accreditation of the pathology
service; or".

12.  Effect of suspension or cancellation and offences concerning fraud

In sections 33(1) and (2) and 34 of the Pathology
Services Accreditation Act 1984 after

"accreditation" insert "or deemed accreditation".

13. Penalties

(1) In sections 20, 21, 34, 35 and 36 of the Pathology

Services Accreditation Act 1984—

(a) omit the penalties at the foot of each section;

(b) after "this Act" insert "and liable to a penalty not exceeding 60 penalty units".

(2) Section 37 of the Pathology Services

Accreditation Act 1984 is repealed.

14. Offences

In section 35 of the Pathology Services insert—

"; or

Pathology Services Accreditation (Amendment) Act 2002

s. 15 Act No. 28/2002

(ab) other than in an accredited pathology service performs or causes to be performed any test unless that test is permitted by or under this Act to be performed outside an accredited

pathology service; or".

15. Further offences

At the end of section 36 of the Pathology

Services Accreditation Act 1984 insert—

"(2) A person who in an accredited pathology

service performs or causes to be performed a
test which is not permitted to be performed
in that pathology service because of a
limitation or restriction placed on its
accreditation is guilty of an offence and
liable to a penalty not exceeding 60 penalty

units.".

16. New Part XII inserted

After section 40 of the Pathology Services

Accreditation Act 1984 insert—

"PART XII—TRANSITIONALS

41. Transitionals—limitations etc. on current
accreditations

The Board may impose any limitation or restriction on an accreditation or deemed accreditation that is in force at the

commencement of the Pathology Services
Accreditation (Amendment) Act 2002
during the period of that accreditation in
accordance with section 17A.".

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Pathology Services Accreditation (Amendment) Act 2002

Act No. 28/2002 Endnotes

ENDNOTES

†

Minister's second reading speech—

Legislative Assembly: 16 May 2002

Legislative Council: 4 June 2002

The long title for the Bill for this Act was "to amend the Pathology Services Accreditation Act 1984 to make further provision for the accreditation of pathology services and for other purposes."