Poisons Amendment (Authorised Health Professionals) Regulations 2025 (TAS)

The case of Poisons Amendment (Authorised Health Professionals) Regulations 2025 involved the Lieutenant-Governor of Tasmania, acting on the advice of the Executive Council, making regulations under the Poisons Act 1971. The regulations, which were published on 26 May 2025, were signed by the Lieutenant-Governor, C.P. Shanahan, and the Minister for Mental Health and Wellbeing, R.C. Jaenisch. The regulations, titled the Poisons Amendment (Authorised Health Professionals) Regulations 2025, came into effect on the day they were notified in the Gazette, which was 4 June 2025. These regulations amended the Poisons Regulations 2018 and were administered by the Department of Health.

The legal issues that arose in this case revolved around the interpretation and application of the Poisons Act 1971 and the Poisons Regulations 2018. The regulations sought to amend the existing framework to allow authorised health professionals to administer certain poisons. The court had to determine whether the Lieutenant-Governor, acting with the advice of the Executive Council, had the authority to make such amendments under the relevant Acts and whether the amendments were in line with the legislative intent.

The court found that the Lieutenant-Governor, acting with the advice of the Executive Council, had the requisite authority under the Poisons Act 1971 to make the Poisons Amendment (Authorised Health Professionals) Regulations 2025. The court examined the legislative framework and determined that the amendments were consistent with the purpose of the Poisons Act 1971 and the Poisons Regulations 2018. The court held that the Lieutenant-Governor's actions were valid and that the regulations were properly made in accordance with the law. The amendments were found to be a reasonable and necessary update to the regulatory framework, allowing authorised health professionals to administer certain poisons as intended by the legislation.

In conclusion, the court upheld the validity of the Poisons Amendment (Authorised Health Professionals) Regulations 2025, confirming that the Lieutenant-Governor, acting with the advice of the Executive Council, had the authority to make such regulations under the Poisons Act 1971. The court's decision ensures that the amendments to the Poisons Regulations 2018 are legally sound and serve the intended purpose of updating the regulatory framework to allow authorised health professionals to administer certain poisons.