Untitled document

Health Acts (Amendment) Act 1996

Act No. 19/1996

TABLE OF PROVISIONS

Section	Page
PART 1—PRELIMINARY	1

1.	Purpose	1
2.	Commencement	2

PART 2—MENTAL HEALTH ACT 1986 3

3.	Continued detention and treatment of involuntary patients	3
4.	Power of Board on appeal or review	3

PART 3—PATHOLOGY SERVICES ACCREDITATION ACT 1984 4

5. Ownership of Pathology Services 4

PART 4—PSYCHOLOGISTS REGISTRATION ACT 1987 5

6.	Powers of Board with respect to matters commenced by Council	5
7.	Insertion of new sections 48A, 48B and 48C	5
48A. Proceedings	5
48B. Application of this Act to conduct occurring before the

commencement of this Act	6
48C. Definitions	6

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NOTES 7

i

Victoria

No. 19 of 1996

†

Health Acts (Amendment) Act 1996

[Assented to 2 July 1996]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purpose

The purpose of this Act is to amend the Mental
Health Act 1986, the Pathology Services
Accreditation Act 1984 and the Psychologists
Registration Act 1987.
Health Acts (Amendment) Act 1996

s. 2

Act No. 19/1996

2. Commencement

(1) Parts 1 and 3 come into operation on the day on

which this Act receives the Royal Assent.

(2) Part 2 comes into operation on the day on which

section 15 of the Mental Health (Amendment)

No. 98/1995

Act 1995 comes into operation.

(3) Part 4 is deemed to have come into operation on 1

January 1996.

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Health Acts (Amendment) Act 1996

s. 3

Act No. 19/1996

PART 2—MENTAL HEALTH ACT 1986

No. 59/1986

3. Continued detention and treatment of involuntary

reprinted to

patients No. 32/1990
and

After section 12C(4) of the Mental Health Act	subsequently amended by
1986 insert—	Nos 49/1991, 68/1992,
"(5) If the chief psychiatrist considers that the	69/1992,
criteria specified in section 12A(2) no longer	42/1993, 124/1993,
apply to a person whose detention has been	23/1994,
continued under this section, the chief	31/1994, 48/1995 and
psychiatrist must order that the person be	98/1995.
discharged as an involuntary patient.".

4. Power of Board on appeal or review

After section 36(1) of the Mental Health Act
1986 insert—

"(1A) If, having regard to the criteria specified in section 12A(2), the Board upon hearing an appeal or a review is not satisfied that the

continued detention of a person whose
detention has been continued under section
12A(4) or 12C is necessary, the Board must
order that the person be discharged as an

involuntary patient.".

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Health Acts (Amendment) Act 1996

s. 5

Act No. 19/1996

PART 3—PATHOLOGY SERVICES ACCREDITATION ACT

1984

No. 10083

5. Ownership of Pathology Services

reprinted to

No. 9/1991

and	In section 19 of the Pathology Services
subsequently	Accreditation Act 1984 sub-sections (1), (2), (3),
amended by
Nos 23/1994	(4), (5), (6) and (7) are repealed.
and 31/1994.

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Health Acts (Amendment) Act 1996

s. 6

Act No. 19/1996

PART 4—PSYCHOLOGISTS REGISTRATION ACT 1987

No. 60/1987

6. Powers of Board with respect to matters commenced

as amended

by Council by Nos
124/1993,

In section 47(3) of the Psychologists Registration	23/1994 and 42/1995.
Act 1987, after paragraph (d) insert—
"(da) the Board may continue and complete any

other continuing matter or thing commenced
by, against or in relation to the Victorian

Psychological Council; and".

7. Insertion of new sections 48A, 48B and 48C

After section 48 of the Psychologists

Registration Act 1987 insert—

'48A. Proceedings

(1) If an inquiry into the activities of a

psychologist under section 17 or 20 of the Board on or after that date as if, but for empowering the Board to complete the inquiry, the old Act had not been repealed and any regulations made under that Act had not been revoked.

old Act commenced but was not completed
before the commencement of Part 4 of this

(2) For the purposes of sub-section (1)—

(a)	the Board has all the functions and powers the Council had immediately before the commencement of Part 4 of this Act; and
(b)	sections 4, 5, 6, 7, 8 and 9 of this Act apply to the Board.

Health Acts (Amendment) Act 1996

s. 7

Act No. 19/1996

48B. Application of this Act to conduct occurring before the commencement of this Act

This Act applies to the activities of any psychologist which occurred before the commencement of Part 4 of this Act, subject to the following paragraphs—

(a) Part 4 of this Act applies only to the
extent that the power to conduct an
inquiry under section 17 or 20 of the

the power to conduct an inquiry under applied if that Act were still in operation; and

(b)	any finding or outcome of an inquiry under Part 4 of this Act must be one which would have been available as a
finding or outcome in an inquiry by the Council under the old Act.

48C. Definitions

In sections 48A and 48B—

"Council" means the Victorian

Psychological Council established

under the old Act; and

"old Act" means the Psychological immediately before the coming into operation of Part 4 of this Act.' ═══════════════

Health Acts (Amendment) Act 1996

Notes

Act No. 19/1996

NOTES

†

Minister's second reading speech—

Legislative Council: 15 May 1996

Legislative Assembly: 30 May 1996

The long title for the Bill for this Act was "to amend the Mental Health
Act 1986, the Pathology Services Accreditation Act 1984 and the
Psychologists Registration Act 1987 and for other purposes."