Untitled document
Statute Law Amendment (National Health Practitioner Regulation) Act 2010
No. 13 of 2010
table of provisions
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Amendments to the Health Professions Registration Act 2005
3Definitions
4Statute law revision
5Requirements for registration
6Endorsement of registration for nurse practitioners
7Endorsement of registration—midwives
8Endorsement of registration of nurses—medication
9Endorsement of registration of optometrists
10Endorsement of registration of podiatrists
11Endorsement of registration of pharmacists
12Endorsement of registration for specialist practitioners
13Endorsement of registration of health practitioners for acupuncture
14Reporting of ill-health of health practitioners
15Immunity of health practitioners
16Claims by persons as to registration
17Clinical training
18References to pharmacists
19Division 2—Offences for nurses
20Division 3—Dental care providers
21Division 4—Optometrists
22Definition for Part 6
23New Division 1A inserted in Part 6
Division 1A—Pharmacy Board of Victoria
100APharmacy Board of Victoria
100BPowers and functions of Board
100CDelegation
100DApplication of provisions of Act to Board
24Revocation of approvals
25Powers and functions of responsible boards
26Establishment of prescribing practice advisory committees
27Membership of committees
28General powers of entry with warrant
29New Division 5 inserted in Part 11
Division 5—Transitional provisions—Statute Law Amendment (National Health Practitioner Regulation) Act 2010
183Definitions
184Abolition of Boards
185Reports
186Pharmacy Board of Victoria
30Schedule 1 amended—responsible boards
31Schedule 4
Part 3—Amendments to the Health Practitioner Regulation National Law (Victoria) Act 2009
32Exclusion of legislation
33New section 8 inserted
8Regulations dealing with transitional matters
Part 4—Amendments to Other Acts
Division 1—Amendments to the Births, Deaths and Marriages Registration Act 1996
34Definitions
Division 2—Amendments to the Drugs, Poisons and Controlled Substances Act 1981
35Definitions
36Act not to derogate from provisions of other Acts
37Persons authorized to have possession etc. of poisons or controlled substances
38Chinese medicine practitioners and herbal dispensers must establish therapeutic need
39Special provisions as to medical practitioners
40Minister to approve scope of prescribing rights
41Offences concerning labelling and other matters
42Definitions
43Administration of drugs etc. in aged care services
44Section 36F substituted
36FRegistered nurse to have regard to code or guideline
45Regulations
46Construction of section 129
47General regulations
48Statute law revision
Division 3—Amendment to the Interpretation of Legislation
Act 1984
49New section 38E inserted
38EReferences to Health Practitioner Regulation National Law
Division 4—Amendments to the Victorian Civil and Administrative Tribunal Act 1998
50Amendment of Schedule 1
Part 5AAB—Health Practitioner
Regulation National Law (Victoria)11AJConstitution of Tribunal for hearings
Division 5—Consequential amendments to other Acts
51Consequential amendments
Part 5—Repeal of Amending Act
52Repeal of amending Act
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SCHEDULE—Consequential Amendments to other Acts
1Abortion Law Reform Act 2008
2Accident Compensation Act 1985
3Adoption Act 1984
4Agricultural and Veterinary Chemicals (Control of Use) Act 1992
5Alcoholics and Drug-dependent Persons Act 1968
6Assisted Reproductive Treatment Act 2008
7Bail Act 1977
8Cancer Act 1958
9Cemeteries and Crematoria Act 2003
10Child Employment Act 2003
11Child Wellbeing and Safety Act 2005
12Children, Youth and Families Act 2005
13Children's Services Act 1996
14Coal Mines (Pensions) Act 1958
15Coroners Act 2008
16Corrections Act 1986
17Crimes Act 1958
18Crimes (Mental Impairment and Unfitness to be Tried) Act 1997
19Disability Act 2006
20Electoral Act 2002
21Emergency Services Superannuation Act 1986
22Evidence (Miscellaneous Provisions) Act 1958
23Firearms Act 1996
24Food Act 1984
25Freedom of Information Act 1982
26Guardianship and Administration Act 1986
27Health Practitioners (Special Events Exemption) Act 1999
28Health Records Act 2001
29Health Services Act 1988
30Health Services (Conciliation and Review) Act 1987
31Human Tissue Act 1982
32Juries Act 2000
33Legal Profession Act 2004
34Liquor Control Reform Act 1998
35Marine Act 1988
36Meat Industry Act 1993
37Medical Treatment Act 1988
38Mental Health Act 1986
39Occupational Health and Safety Act 2004
40Parliamentary Salaries and Superannuation Act 1968
41Police Integrity Act 2008
42Police Regulation Act 1958
43Professional Boxing and Combat Sports Act 1985
44Public Health and Wellbeing Act 2008
45Radiation Act 2005
46Rail Safety Act 2006
47Retirement Villages Act 1986
48Road Safety Act 1986
49Sentencing Act 1991
50Serious Sex Offenders (Detention and Supervision)
Act 200951State Employees Retirement Benefits Act 1979
52State Superannuation Act 1988
53Status of Children Act 1974
54Summary Offences Act 1966
55Therapeutic Goods (Victoria) Act 1994
56Transport Accident Act 1986
57Transport Superannuation Act 1988
58Veterinary Practice Act 1997
59Victorian Institute of Forensic Medicine Act 1985
60Workers Compensation Act 1958
61Working with Children Act 2005
62Wrongs Act 1958
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Endnotes
Statute Law Amendment (National Health Practitioner Regulation) Act 2010
No. 13 of 2010
[Assented to 30 March 2010]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purposes
The main purposes of this Act are—
(a)to amend the Health Professions Registration Act 2005 as a consequence of the enactment of the Health Practitioner Regulation National Law (Victoria) Act 2009;
(b)to amend the Health Practitioner Regulation National Law (Victoria) Act 2009 to provide for transitional and other matters;
(c)to make consequential amendments to other Acts as a result of the enactment of the Health Practitioner Regulation National Law (Victoria) Act 2009.
2Commencement
(1)This Part and Parts 3 and 5 come into operation on the day after the day on which this Act receives the Royal Assent.
(2)The remaining provisions of this Act, including the Schedule, come into operation on 1 July 2010.
__________________
Part 2—Amendments to the Health Professions Registration Act 2005
3Definitions
(1)In section 3 of the Health Professions Registration Act 2005 for the definition of registered medical practitioner substitute—
"registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);".
(2)In section 3 of the Health Professions Registration Act 2005 for the definition of registered pharmacist substitute—
"registered pharmacist means a person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession (other than as a student);".
4Statute law revision
In section 6(2)(ab)(ii) of the Health Professions Registration Act 2005, for "practise" substitute "practice".
5Requirements for registration
(1)Section 7(2) of the Health Professions Registration Act 2005 is repealed.
(2)For section 8(1) of the Health Professions Registration Act 2005 substitute—
"(1)The responsible board may grant or refuse to grant registration or renewal of registration as a student to a person to enable that person to undertake or complete any period of clinical training as part of a course of study required under section 5(1)(a) or (ab).".
(3)In section 18(5) of the Health Professions Registration Act 2005 omit "or 7(2)".
6Endorsement of registration for nurse practitioners
Section 20 of the Health Professions Registration Act 2005 is repealed.
7Endorsement of registration—midwives
Section 21 of the Health Professions Registration Act 2005 is repealed.
8Endorsement of registration of nurses—medication
Section 22 of the Health Professions Registration Act 2005 is repealed.
9Endorsement of registration of optometrists
Section 23 of the Health Professions Registration Act 2005 is repealed.
10Endorsement of registration of podiatrists
Section 24 of the Health Professions Registration Act 2005 is repealed.
11Endorsement of registration of pharmacists
Section 26 of the Health Professions Registration Act 2005 is repealed.
12Endorsement of registration for specialist practitioners
Section 27 of the Health Professions Registration Act 2005 is repealed.
13Endorsement of registration of health practitioners for acupuncture
Section 28 of the Health Professions Registration Act 2005 is repealed.
14Reporting of ill-health of health practitioners
In section 36 of the Health Professions Registration Act 2005 for "the board responsible" substitute "the Chinese Registration Medicine Board or Medical Radiation Practitioners Board of Victoria whichever is responsible".
15Immunity of health practitioners
In section 37(1) of the Health Professions Registration Act 2005, after "A" insert "registered".
16Claims by persons as to registration
(1)For the Table in section 80(2) of the Health Professions Registration Act 2005 substitute—
"TABLE
acupuncturist
registered acupuncturist
Chinese medicine practitioner
registered Chinese medicine practitioner
Chinese herbal dispenser
registered Chinese herbal dispenser
Chinese herbal medicine practitioner
registered Chinese herbal medicine practitioner
Oriental medicine practitioner
registered Oriental medicine practitioner
radiographer
registered radiographer
nuclear medicine technologist
registered nuclear medicine technologist
radiation therapist
registered radiation therapist".
(2)After section 80(14) of the Health Professions Registration Act 2005 insert—
"(15)Nothing in this section applies to a person using the title acupuncturist if the person's registration has been endorsed under section 97 of the Health Practitioner Regulation National Law as being qualified to practise as an acupuncturist.
(16)Nothing in section 300(3) of the Health Practitioner Regulation National Law affects the operation of this section.".
17Clinical training
For section 82(2) of the Health Professions Registration Act 2005 substitute—
"(2)In this section relevant responsible board means one of the following responsible boards—
(a)the Chinese Medicine Registration Board of Victoria;
(b)the Medical Radiation Practitioners Board of Victoria.".
18References to pharmacists
(1)In section 86 of the Health Professions Registration Act 2005—
(a)in subsection (1) omit "and, in the case of a pharmacist, from owning or having a proprietary interest in a pharmacy business";
(b)in subsection (3), omit "or, in the case of a pharmacist, from owning or having a proprietary interest in a pharmacy business";
(c)in subsection (4) omit "or, in the case of a pharmacist, to own or have a proprietary interest in a pharmacy business";
(d)in subsection (5)(a) omit "including pharmacy services".
(2)In section 88 of the Health Professions Registration Act 2005, omit "or, in the case of a pharmacist, own or have a proprietary interest in a pharmacy business".
(3)In section 91(1) of the Health Professions Registration Act 2005, omit "and, in the case of a pharmacist, from owning or having a proprietary interest in a pharmacy business".
(4)In section 92 of the Health Professions Registration Act 2005, omit "or, in the case of a pharmacist, from owning or having a proprietary interest in a pharmacy business".
19Division 2—Offences for nurses
Division 2 of Part 5 of the Health Professions Registration Act 2005 is repealed.
20Division 3—Dental care providers
Division 3 of Part 5 of the Health Professions Registration Act 2005 is repealed.
21Division 4—Optometrists
Division 4 of Part 5 of the Health Professions Registration Act 2005 is repealed.
22Definition for Part 6
In section 100 of the Health Professions Registration Act 2005, in the definition of Board, after "Act" insert "by Division 1A".
23New Division 1A inserted in Part 6
After Division 1 of Part 6 of the Health Professions Registration Act 2005 insert—
"Division 1A—Pharmacy Board of Victoria
100APharmacy Board of Victoria
The Pharmacy Board of Victoria as constituted immediately before 1 July 2010 continues in operation, on and from 1 July 2010, under, and subject to, this Act.
100BPowers and functions of Board
(1)The Pharmacy Board of Victoria has the following functions—
(a)to approve pharmacies, pharmacy businesses, pharmacy departments and pharmacy depots for the purposes of this Part;
(b)to advise the Minister on any matters relating to its functions;
(c)when so requested by the Minister, give to the Minister any information reasonably required by the Minister;
(d)any other functions conferred on the Board by this or any other Act.
(2)The Board has all the powers necessary to enable it to perform its functions.
(3)In carrying out its functions, the Board must consult with the Minister and have regard to the Minister's advice.
100CDelegation
The Pharmacy Board of Victoria, in writing, may delegate to—
(a)a member of the Board; or
(b)the registrar or another person employed by the Board under section 132; or
(c)a person engaged by the Board to provide services to the Board—
its powers and functions under this Act other than—
(d)the power to refuse to approve an application under this Part; or
(e)the power to revoke an approval under this Part; or
(f)the power to impose conditions on an approval under this Part; or
(g)this power to delegate.
100DApplication of provisions of Act to Board
Sections 117(2) to (4), sections 120 to 132, Part 8, Part 9 and sections 159 and 160(1) apply to the Pharmacy Board of Victoria as if a reference in those provisions to a responsible board were a reference to the Pharmacy Board of Victoria.".
24Revocation of approvals
In section 113(1)(b)(ii) of the Health Professions Registration Act 2005 after "regulations" insert "or section 136 of the Health Practitioner Regulation National Law".
25Powers and functions of responsible boards
Section 118(3) of the Health Professions Registration Act 2005 is repealed.
26Establishment of prescribing practice advisory committees
Section 135 of the Health Professions Registration Act 2005 is repealed.
27Membership of committees
Section 136(2) of the Health Professions Registration Act 2005 is repealed.
28General powers of entry with warrant
In section 147(1)(b) of the Health Professions Registration Act 2005, after "this Act" insert
"or a matter referred to in section 47,".
29New Division 5 inserted in Part 11
After Division 4 of Part 11 of the Health Professions Registration Act 2005 insert—
"Division 5—Transitional provisions—Statute Law Amendment (National Health Practitioner Regulation) Act 2010
183Definitions
In this Division—
old Board means a Board abolished by section 184.
184Abolition of Boards
The following Boards are abolished—
(a)the Chiropractors Registration Board of Victoria;
(b)the Dental Practice Board of Victoria;
(c)the Medical Practitioners Board of Victoria;
(d)the Nurses Board of Victoria;
(e)the Optometrists Registration Board of Victoria;
(f)the Osteopaths Registration Board of Victoria;
(g)the Physiotherapists Registration Board of Victoria;
(h)the Podiatrists Registration Board of Victoria;
(i) the Psychologists Registration Board of Victoria.
185Reports
(1)Despite section 184, the report of operations and financial statements of an old Board for a period of time prior to the financial year ending 30 June 2010 must be prepared under the Financial Management Act 1994.
(2)For the purposes of subsection (1), an old Board continues in operation as if the old Board were a responsible board and had not been abolished.
186Pharmacy Board of Victoria
The Pharmacy Board of Victoria as constituted under Division 1A of Part 6—
(a)must prepare under the Financial Management Act 1994 the report of operations and financial statements of that Board as constituted immediately before 1 July 2010 for a period of time prior to the financial year ending 30 June 2010;
(b)for the purposes of paragraph (a), the Pharmacy Board of Victoria continues in operation as if it were a responsible board and had not been reconstituted under Division 1A of Part 6.".
30Schedule 1 amended—responsible boards
(1)In Schedule 1 to the Health Professions Registration Act 2005 paragraphs (b), (c), (d), (f), (g), (h), (i), (j), (k), (l) are repealed.
(2)In Schedule 1 to the Health Professions Registration Act 2005, in paragraph (e) for "Act;" substitute "Act.".
31Schedule 4
Schedule 4 to the Health Professions Registration Act 2005 is repealed.
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Part 3—Amendments to the Health Practitioner Regulation National Law (Victoria) Act 2009
32Exclusion of legislation
Section 7(i) of the Health Practitioner Regulation National Law (Victoria) Act 2009 is repealed.
33New section 8 inserted
After section 7 of the Health Practitioner Regulation National Law (Victoria) Act 2009 insert—
"8 Regulations dealing with transitional matters
(1)The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of this Act, including any repeals and amendments made as a result of the enactment of this Act.
(2)Regulations made under this section may—
(a)have a retrospective effect to a day on or from a date not earlier than 1 July 2010; and
(b)be of limited or general application; and
(c)leave any matter or thing to be decided by a specified person or class of person.
(3)Regulations under this section have effect despite anything to the contrary in any Act (other than this Act or the Charter of Human Rights and Responsibilities Act 2006) or in any subordinate instrument.
(4)For the avoidance of doubt, the Subordinate Legislation Act 1994 applies to any regulations made under this section.
(5)This section is repealed on 1 July 2014.".
__________________
Part 4—Amendments to Other Acts
Division 1—Amendments to the Births, Deaths and Marriages Registration Act 1996
34Definitions
In section 4(1) of the Births, Deaths and Marriages Registration Act 1996—
(a)for the definition of doctor substitute—
"doctor means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);";
(b)insert the following definition—
"midwife means a person registered under the Health Practitioner Regulation National Law—
(a)to practise in the nursing and midwifery profession as a midwife (other than as a student); and
(b)in the register of midwives kept for that profession;".
Division 2—Amendments to the Drugs, Poisons and Controlled Substances Act 1981
35Definitions
(1)In section 4(1) of the Drugs, Poisons and Controlled Substances Act 1981—
(a)the definition of authorised practitioner is repealed;
(b)for the definition of dentist substitute—
"dentist means a person registered under the Health Practitioner Regulation National Law—
(a)to practise in the dental profession as a dentist (other than as a student); and
(b)in the dentists division of that profession;";
(c)for the definition of nurse practitioner substitute—
"nurse practitioner means a nurse whose registration is endorsed by the Nursing and Midwifery Board of Australia under section 95 of the Health Practitioner Regulation National Law;";
(d)for the definition of pharmacist substitute—
"pharmacist means a person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession (other than as a student);";
(e)for the definitions of registered medical practitioner, registered optometrist and registered podiatrist substitute—
"registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);
registered optometrist means a person registered under the Health Practitioner Regulation National Law to practise in the optometry profession (other than as a student;
registered podiatrist means a person registered under the Health Practitioner Regulation National Law to practise in the podiatry profession (other than as a student);".
(2)In section 4(1) of the Drugs, Poisons and Controlled Substances Act 1981 insert the following definition—
"registered nurse means a person registered under the Health Practitioner Regulation National Law—
(a)to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student); and
(b)in the registered nurses division of that profession;".
36Act not to derogate from provisions of other Acts
In section 7 of the Drugs, Poisons and Controlled Substances Act 1981, after "Health Professions Registration Act 2005," insert "Health Practitioner Regulation National Law,".
37Persons authorized to have possession etc. of poisons or controlled substances
(1)In section 13(1) of the Drugs, Poisons and Controlled Substances Act 1981—
(a)for paragraph (ba) substitute—
"(ba)any nurse practitioner is hereby authorised to obtain and have in his or her possession and to use, sell or supply any Schedule 2, 3, 4 or 8 poison approved by the Minister in relation to the relevant category of nurse practitioner in the lawful practice of his or her profession as a nurse practitioner; and
(bb)any registered nurse whose registration is endorsed under section 94 of the Health Practitioner Regulation National Law is hereby authorised to obtain and have in his or her possession and to use, sell or supply any Schedule 2, 3, 4 or 8 poison approved by the Minister in relation to the relevant category of nurse in the lawful practice of his or her profession as a registered nurse; and";
(b)in paragraph (c) for "the Health Professions Registration Act 2005" substitute "section 94 of the Health Practitioner Regulation National Law";
(c)in paragraph (ca) for "the Health Professions Registration Act 2005" substitute "section 94 of the Health Practitioner Regulation National Law".
(2)After section 13(2AA) of the Drugs, Poisons and Controlled Substances Act 1981 insert—
"(2AAB)Subsection (1)(bb) shall not be construed as authorising a registered nurse referred to in that paragraph to sell or supply any Schedule 2, 3, 4 or 8 poison by retail in an open shop unless the registered nurse is licensed under this Act to do so.".
(3)For section 13(3A) of the Drugs, Poisons and Controlled Substances Act 1981 substitute—
"(3A)If a registered Chinese herbal dispenser sells or supplies by wholesale a Schedule 1 poison to any other registered Chinese herbal dispenser in accordance with an endorsement of that other dispenser's registration under the Health Professions Registration Act 2005 for use by the other registered Chinese herbal dispenser in the lawful practice of his or her profession as a registered Chinese herbal dispenser, the sale or supply shall, for the purposes of subsection (1), be regarded as a sale or supply in the lawful practice of his or her profession by the first-mentioned registered Chinese herbal dispenser.".
(4)For section 13(5) of the Drugs, Poisons and Controlled Substances Act 1981 substitute—
"(5)Despite subsection (1)(a), a registered medical practitioner or pharmacist who is also registered as a Chinese medicine practitioner or Chinese herbal dispenser with an endorsement with respect to Schedule 1 poisons is authorised to obtain and have in his or her possession and to use, sell or supply Schedule 1 poisons in accordance with that endorsement in the lawful practice of his or her profession as a registered medical practitioner or pharmacist.".
38Chinese medicine practitioners and herbal dispensers must establish therapeutic need
In section 13A of the Drugs, Poisons and Controlled Substances Act 1981—
(a)omit "or an authorised practitioner", wherever occurring;
(b)in subsection (2)(b)—
(i)omit "or authorised practitioner";
(ii)omit "or that authorised practitioner".
39Special provisions as to medical practitioners
(1)Insert the following heading to section 14 of the Drugs, Poisons and Controlled Substances Act 1981—
"Restrictions on authorisations for certain health practitioners".
(2)In section 14(1) of the Drugs, Poisons and Controlled Substances Act 1981, for "the Health Professions Registration Act 2005, the Medical Practitioners Board of Victoria" substitute "the Health Practitioner Regulation National Law, the Medical Board of Australia".
(3)In section 14(3) of the Drugs, Poisons and Controlled Substances Act 1981—
(a)for "the Nurses Board of Victoria continued in operation under the Health Professions Registration Act 2005" substitute "the Nursing and Midwifery Board of Australia acting under the Health Practitioner Regulation National Law";
(b)after "nurse practitioner" (where twice occurring) insert "or registered nurse".
(4)In section 14(4) of the Drugs, Poisons and Controlled Substances Act 1981, for "Optometrists Registration Board of Victoria continued under the Health Professions Registration Act 2005" substitute "Optometry Board of Australia acting under the Health Practitioner Regulation National Law".
(5)In section 14(5) of the Drugs, Poisons and Controlled Substances Act 1981, for "Podiatrists Registration Board of Victoria continued under the Health Professions Registration Act 2005" substitute "Podiatry Board of Australia acting under the Health Practitioner Regulation National Law".
40Minister to approve scope of prescribing rights
(1)In the heading to section 14A of the Drugs, Poisons and Controlled Substances Act 1981 after "rights" insert "or supply of poisons".
(2)In section 14A(1) of the Drugs, Poisons and Controlled Substances Act 1981, after "(ba)," insert "(bb),".
(3)After section 14A(1) of the Drugs, Poisons and Controlled Substances Act 1981 insert—
"(1A)Without limiting subsection (1), for the purposes of an authorisation under section 13(1)(bb), the Minister may approve—
(a)the health services or class of health services in which the poison or class of poison is to be used, sold or supplied; and
(b)the clinical circumstances in which a registered nurse or class of registered nurse may use, sell or supply any Schedule 2, 3, 4 or 8 poison or class of Schedule 2, 3, 4 or 8 poison.".
(4)For section 14A(2) of the Drugs, Poisons and Controlled Substances Act 1981 substitute—
"(2)An approval under subsection (1) or (1A) may—
(a)be expressed generally for all poisons in a specified Schedule; or
(b)be limited to a particular class, list or type of poison in a specified Schedule; or
(c)be limited by reference to a specified form of the poison; or
(d)be limited by reference to the purpose for which the poison is to be used, sold or supplied; or
(e)be limited by reference to any other matter specified in the approval; or
(f)apply, adopt or incorporate any matter contained in any document, code, standard, rule, specification or method, formulated, issued, prescribed or published by any other person whether—
(i)wholly or partially or as amended by the approval; or
(ii)as formulated, issued, prescribed or published at the time the approval is made or at any time before then; or
(iii)as formulated, issued, prescribed or published from time to time.".
(5)In section 14A(3) of the Drugs, Poisons and Controlled Substances Act 1981—
(a)for "The Minister" substitute "Without limiting the Minister's powers under subsection (1) or (1A), the Minister";
(b)after "2005" insert "or the relevant National Health Practitioner Board established by the Health Practitioner Regulation National Law".
(6)In section 14A(4) of the Drugs, Poisons and Controlled Substances Act 1981 after "may" insert "amend or".
(7)After section 14A(4) of the Drugs, Poisons and Controlled Substances Act 1981 insert—
"(5)An approval made under this section takes effect on the date of publication of the notice in the Government Gazette or on such later date as is specified in the notice.".
41Offences concerning labelling and other matters
For section 27A(4) of the Drugs, Poisons and Controlled Substances Act 1981 substitute—
"(4)Nothing in this section applies to a Schedule 1 poison that is sold or supplied by a registered Chinese medicine practitioner or registered Chinese herbal dispenser in accordance with the endorsement of that person's registration under the Health Professions Registration Act 2005.".
42Definitions
(1)In section 36D of the Drugs, Poisons and Controlled Substances Act 1981, in the definition of high level residential care for "Commonwealth;" substitute "Commonwealth.".
(2)In section 36D of the Drugs, Poisons and Controlled Substances Act 1981, the definitions of nurse and Nurses Board of Victoria are repealed.
43Administration of drugs etc. in aged care services
In section 36E of the Drugs, Poisons and Controlled Substances Act 1981, for "nurse" substitute "registered nurse".
44Section 36F substituted
For section 36F of the Drugs, Poisons and Controlled Substances Act 1981 substitute—
"36F Registered nurse to have regard to code or guideline
A registered nurse who manages the administration of any drug of dependence, Schedule 9 poison, Schedule 8 poison or Schedule 4 poison to a resident in an aged care service in accordance with this Division must do so in accordance with the relevant code or guideline (if any) issued by the Nursing and Midwifery Board of Australia under the Health Practitioner Regulation National Law.".
45Regulations
(1)In section 129(1) of the Drugs, Poisons and Controlled Substances Act 1981 after "nurse practitioners," (wherever occurring) insert "registered nurses,".
(2)In section 129(2) of the Drugs, Poisons and Controlled Substances Act 1981 after "nurse practitioner," insert "registered nurse,".
46Construction of section 129
In section 130 of the Drugs, Poisons and Controlled Substances Act 1981—
(a)in paragraph (b) for "2005." substitute "2005; or";
(b)after paragraph (b) insert—
"(c)as unprofessional conduct within the meaning and for the purposes of the Health Practitioner Regulation National Law."
47General regulations
In section 132 of the Drugs, Poisons and Controlled Substances Act 1981—
(a)after paragraph (g) insert—
"(h)prescribing the Schedule 2, 3, 4 or 8 poisons that a registered nurse or class of registered nurse is authorised to obtain and have in his or her possession and to use, sell or supply;";
(b)in paragraph (k), after "nurse practitioners," insert "registered nurses, registered optometrists, registered podiatrists,";
(c)in paragraph (q) after "nurse practitioner," insert "registered nurse, registered podiatrist,";
(d)in paragraph (z) after "nurse practitioners," insert "registered nurses, registered optometrists, registered podiatrists,";
(e)in paragraph (za) after "nurse practitioner," insert "registered nurse, registered optometrist, registered podiatrist,";
(f)in paragraph (zc) after "nurse practitioner," insert "registered nurse, registered optometrist, registered podiatrist,".
48Statute law revision
In the Drugs, Poisons and Controlled Substances Act 1981—
(a)in section 52(2)(f), for "Agricultural Chemicals Act 1958" substitute "Agricultural and Veterinary Chemicals (Control of Use) Act 1992".
(b)in section 120(3)—
(i)for "paragraph (a)" substitute "subsection (2)(a)";
(ii)for "(i) not" substitute "(a) not";
(iii)for "(ii) notice" substitute
"(b) notice".
Division 3—Amendment to the Interpretation of Legislation Act 1984
49New section 38E inserted
After section 38D of the Interpretation of Legislation Act 1984 insert—
"38E References to Health Practitioner Regulation National Law
In an Act or a subordinate instrument—
Health Practitioner Regulation National Law means—
(a)the Health Practitioner Regulation National Law—
(i)as in force from time to time, set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland; and
(ii)as it applies as a law of Victoria, another State or a Territory (with or without modification); or
(b)the law of another State or a Territory that substantially corresponds to the law referred to in paragraph (a);
Health Practitioner Regulation National Law (Victoria) means the provisions applying because of section 4 of the Health Practitioner Regulation National Law (Victoria) Act 2009.".
Division 4—Amendments to the Victorian Civil and Administrative Tribunal Act 1998
50Amendment of Schedule 1
After Part 5AA of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998 insert—
"Part 5AAB—Health Practitioner Regulation National Law (Victoria)
11AJConstitution of Tribunal for hearings
The Tribunal is to be constituted for the purposes of making a final determination under Part 8 of the Health Practitioner Regulation National Law (Victoria) by at least 3 members, of whom at least 2 must be health practitioners with professional qualifications in the health profession regulated by the National Board that is a party to the proceedings.".
Division 5—Consequential amendments to other Acts
51Consequential amendments
An Act specified in a heading to an item in the Schedule is amended as set out in that item.
__________________
Part 5—Repeal of Amending Act
52Repeal of amending Act
This Act is repealed on 1 July 2011.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
__________________
SCHEDULE
Consequential Amendments to other Acts
1Abortion Law Reform Act 2008
1.1In section 3 for the definitions of registered health practitioner, registered medical practitioner, registered nurse, registered pharmacist and regulated health profession substitute—
"registered health practitioner means—
(a)a registered health practitioner within the meaning of the Health Professions Registration Act 2005;
(b)a person registered under the Health Practitioner Regulation National Law to practise a health profession (other than as a student);
registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);
registered nurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse or as a midwife (other than as a student);
registered pharmacist means a person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession (other than as a student);
regulated health profession means—
(a)regulated health profession within the meaning of the Health Professions Registration Act 2005;
(b)a health profession within the meaning of the Health Practitioner Regulation National Law;".
2Accident Compensation Act 1985
2.1In section 5(1) for paragraph (a) of the definition of medical practitioner substitute—
"(a)a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); and".
2.2In section 5(1) insert the following definitions—
"midwife means a person registered under the Health Practitioner Regulation National Law—
(a)to practise in the nursing and midwifery profession as a midwife (other than as a student); and
(b)in the register of midwives kept for that profession;
nurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student);".
2.3In section 5(1) for the definition of nursing service substitute—
"nursing service means a nursing or midwifery service rendered by a nurse or midwife, otherwise than at a hospital or as a member of the nursing staff of a hospital;".
2.4In section 5(1) for the definitions of registered chiropractor, registered dentist, registered optometrist, registered osteopath, registered physiotherapist, registered podiatrist and registered psychologist substitute—
"registered chiropractor means a person registered under the Health Practitioner Regulation National Law to practise in the chiropractic profession (other than as a student);
registered dentist means a person registered under the Health Practitioner Regulation National Law—
(a)to practise in the dental profession as a dentist (other than as a student); and
(b)in the dentists division of that profession;
registered optometrist means a person registered under the Health Practitioner Regulation National Law to practise in the optometry profession (other than as a student);
registered osteopath means a person registered under the Health Practitioner Regulation National Law to practise in the osteopathy profession (other than as a student);
registered physiotherapist means a person registered under the Health Practitioner Regulation National Law to practise in the physiotherapy profession (other than as a student);
registered podiatrist means a person who is registered under the Health Practitioner Regulation National Law to practise in the podiatry profession (other than as a student);
registered psychologist means a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student);".
3Adoption Act 1984
3.1In section 43(3) for "Health Professions Registration Act 2005" substitute "Health Practitioner Regulation National Law".
3.2In section 89 for "Health Professions Registration Act 2005" substitute "Health Practitioner Regulation National Law".
4Agricultural and Veterinary Chemicals (Control of Use) Act 1992
4.1In section 4, in paragraph (a)(i) of the definition of veterinary chemical product after "pharmacist" insert "registered under the Health Practitioner Regulation National Law".
5Alcoholics and Drug-dependent Persons Act 1968
5.1In section 3(1), for the definition of registered medical practitioner substitute—
"registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);".
6Assisted Reproductive Treatment Act 2008
6.1In section 3 for the definition of doctor substitute—
"doctor means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);".
7Bail Act 1977
7.1In section 5(4), for "medical practitioner registered under the Health Professions Registration Act 2005" substitute "registered medical practitioner".
7.2After section 5(4) insert—
"(5)In subsection (4), registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student).".
8Cancer Act 1958
8.1In section 59(1), for the definition of registered medical practitioner substitute—
"registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student).".
9Cemeteries and Crematoria Act 2003
9.1In section 3(1), for the definition of registered medical practitioner substitute—
"registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);".
10Child Employment Act 2003
10.1In section 3, for the definition of registered pharmacist substitute—
"registered pharmacist means a person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession (other than as a student);".
11Child Wellbeing and Safety Act 2005
11.1In section 3, for the definition of health professional substitute—
"health professional means a person who is registered as any of the following under the Health Practitioner Regulation National Law—
(a)a medical practitioner; or
(b)a nurse; or
(c)a psychologist; or
(d)a midwife;".
11.2In section 3 insert the following definitions—
"medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);
midwife means a person registered under the Health Practitioner Regulation National Law—
(a)to practise in the nursing and midwifery profession as a midwife (other than as a student); and
(b)in the register of midwives kept for that profession;
nurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student);
psychologist means a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student);".
11.3In section 45(a) after "nurse" insert "or midwife".
12Children, Youth and Families Act 2005
12.1In section 3(1) in the definition of information holder, for paragraphs (i) and (j) substitute—
"(i)a registered psychologist;
(j)a nurse;
(ja)a midwife;".
12.2In section 3(1)—
(a)for the definition of registered medical practitioner substitute—
"registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);";
(b)for the definition of registered psychologist substitute—
"registered psychologist means a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student);".
12.3In section 3(1), insert the following definitions—
"midwife means a person registered under the Health Practitioner Regulation National Law—
(a)to practise in the nursing and midwifery profession as a midwife (other than as a student); and
(b)in the register of midwives kept for that profession;
nurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student);".
12.4For section 182(1)(b) substitute—
"(b)a nurse;
(ba)a midwife;".
13Children's Services Act 1996
13.1In section 3(1), for the definition of registered medical practitioner substitute—
"registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);".
14Coal Mines (Pensions) Act 1958
14.1In section 105(4) for "medical practitioner registered under the Health Professions Registration Act 2005" (where twice occurring) substitute "registered medical practitioner".
14.2After section 105(4) insert—
"(5)In subsection (4), registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student).".
15Coroners Act 2008
15.1In section 3(1), for the definition of registered medical practitioner substitute—
"registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);".
16Corrections Act 1986
16.1In section 3(1) insert the following definitions—
"midwife means a person registered under the Health Practitioner Regulation National Law—
(a)to practise in the nursing and midwifery profession as a midwife (other than as a student); and
(b)in the register of midwives kept for that profession;
nurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student);
registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);".
16.2In section 14 in the definition of officer in paragraph (f) for "nurse" substitute "nurse, midwife".
16.3In section 16(1) for "medical practitioner registered under the Health Professions Registration Act 2005" substitute "registered medical practitioner".
16.4In section 30I(5), in the definition of authorised person—
(a)in paragraph (c), for "medical practitioner registered under the Health Professions Registration Act 2005" substitute "registered medical practitioner";
(b)in paragraph (d), for "psychologist registered under the Health Professions Registration Act 2005" substitute "person registered as a psychologist under the Health Practitioner Regulation National Law".
16.5In sections 60G(a) and 77(8), for "medical practitioner registered under the Health Professions Registration Act 2005" substitute "registered medical practitioner".
16.6In section 85 in paragraph (e) of the definition of officer for "nurse" substitute "nurse, midwife".
17Crimes Act 1958
17.1In section 15 for the definitions of registered medical practitioner, registered midwife, registered nurse and registered pharmacist substitute—
"registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);
registered midwife means a person registered under the Health Practitioner Regulation National Law—
(a)to practise in the nursing and midwifery profession as a midwife (other than as a student); and
(b)in the register of midwives kept for that profession;
registered nurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a student);
registered pharmacist means a person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession (other than as a student);".
17.2In section 65(4) for the definitions of registered medical practitioner, registered nurse and registered pharmacist substitute—
"registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);
registered nurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse or as a midwife (other than as a student);
registered pharmacist means a person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession (other than as a student);".
17.3In section 464(2)—
(a)for the definition of dentist substitute—
"dentist means a person registered under the Health Practitioner Regulation National Law—
(a)to practise in the dental profession as a dentist (other than as a student);
(b)in the dentists division of that profession;";
(b)for the definition of medical practitioner substitute—
"medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);";
(c)for the definition of nurse substitute—
"nurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student);";
(d)insert the following definition—
"midwife means a person registered under the Health Practitioner Regulation National Law—
(a)to practise in the nursing and midwifery profession as a midwife (other than as a student); and
(b)in the register of midwives kept for that profession;".
17.4In section 464S(1)(c) after "nurse" insert
"or midwife".
17.5In section 464Y(1) after "nurse" insert
", midwife".
17.6In section 464Z—
(a)in subsection (3)(a) after "nurse" insert
"or midwife";
(b)in subsection (3)(c) after "nurse" insert
", or midwife";
(c)in subsection (4) after "nurse" insert
"or midwife";
(d)in subsection (5) after "nurse" insert
", midwife";
(e)in subsection (6)(a) after "nurse" insert
", midwife";
(f)in subsection (8) after "nurse" insert
", midwife".
17.7In section 464ZA(1) after "nurse," insert
"midwife,".
17.8In section 464ZA(4)(b)—
(a)after "independent nurse" insert
"or independent midwife";
(b)after "nurse" insert ", midwife".
17.9In section 464ZA(6)(b) after "nurse," insert "midwife,".
17.10In section 464ZGB(3)(h) after "nurse" insert
", midwife".
17.11Insert the following heading to section 464ZH—
"Immunity of medical practitioners, nurses, midwives, dentists and other persons".
17.12In section 464ZH—
(a)after "nurse" (where first occurring) insert "or midwife";
(b)after "nurse," (wherever subsequently occurring) insert "midwife,".
18Crimes (Mental Impairment and Unfitness to be Tried) Act 1997
18.1In section 3(1), for the definitions of registered medical practitioner and registered psychologist substitute—
"registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);
registered psychologist means a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student);".
19Disability Act 2006
19.1In section 3(1) insert the following definition—
"registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);".
20Electoral Act 2002
20.1In section 3, for the definition of registered medical practitioner substitute—
"registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);".
21Emergency Services Superannuation Act 1986
21.1In section 24(2), for "medical practitioner registered under the Health Professions Registration Act 2005" substitute "person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student)".
22Evidence (Miscellaneous Provisions) Act 1958
22.1In section 32B(1), for the definition of registered medical practitioner substitute—
"registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);".
22.2In section 107A(1)—
(a)for paragraphs (p) and (q) substitute—
"(p)a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);
(q)a person registered under the Health Practitioner Regulation National Law—
(i)to practise in the dental profession as a dentist (other than as a student); and
(ii)in the dentists division of that profession;";
(b)for paragraph (s) substitute—
"(s)a person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession (other than as a student);".
23Firearms Act 1996
23.1In section 3(1)—
(a)for the definition of registered medical practitioner substitute—
"registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);";
(b)for the definition of registered psychologist substitute—
"registered psychologist means a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student);".
23.2In section 3(1) the definition of registered nurse is repealed.
23.3In section 3(1) insert the following definitions—
"midwife means a person registered under the Health Practitioner Regulation National Law—
(a)to practise in the nursing and midwifery profession as a midwife (other than as a student); and
(b)in the register of midwives kept for that profession;
nurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student);".
23.4In section 183(4)(c) for "registered nurse" substitute "nurse or midwife".
24Food Act 1984
24.1In section 4(1), for the definition of registered medical practitioner substitute—
"registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);".
25Freedom of Information Act 1982
25.1In section 33(5), for "medical practitioner registered under the Health Professions Registration Act 2005" (where twice occurring) substitute "person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student)".
26Guardianship and Administration Act 1986
26.1In section 3(1), for the definition of registered practitioner substitute—
"registered practitioner means—
(a)a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); or
(b)a person registered under the Health Practitioner Regulation National Law—
(i)to practise in the dental profession as a dentist (other than as a student); and
(ii)in the dentist division of that profession;".
27Health Practitioners (Special Events Exemption) Act 1999
27.1In section 3, in the definition of health registration Act, for "and includes any regulations made under that Act" substitute "or the Health Practitioner Regulation National Law and includes any regulations made under those Acts".
27.2In section 16(2), after "Health Professions Registration Act 2005" insert "or the Health Practitioner Regulation National Law".
28Health Records Act 2001
28.1In section 3(1), for the definition of registered medical practitioner substitute—
"registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);".
28.2In section 3(1) in paragraph (c) of the definition of health service after "a pharmacist" insert "registered under the Health Practitioner Regulation National Law".
29Health Services Act 1988
29.1In section 3(1), for the definition of registered medical practitioner substitute—
"registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);".
30Health Services (Conciliation and Review) Act 1987
30.1For the Schedule substitute—
"__________________
SCHEDULE
(1)The Chinese Medicine Registration Board of Victoria.
(2)Medical Radiation Practitioners Board of Victoria.
(3)A National Board established under the Health Practitioner Regulation National Law.".
31Human Tissue Act 1982
31.1In section 3(1), for the definition of registered medical practitioner substitute—
"registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);".
31.2In section 3(1) insert the following definitions—
"midwife means a person registered under the Health Practitioner Regulation National Law—
(a)to practise in the nursing and midwifery profession as a midwife (other than as a student); and
(b)in the register of midwives kept for that profession;
nurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student);".
31.3In section 18(2)(a)(iii) for "state enrolled nurse" substitute "midwife".
31.4In section 19(1)(a)(iii) for "state enrolled nurse" substitute "midwife".
31.5In section 42(3), for the definition of registered dentist substitute—
"registered dentist means a person registered under the Health Practitioner Regulation National Law—
(a)to practise in the dental profession as a dentist (other than as a student); and
(b)in the dentists division of that profession.".
32Juries Act 2000
32.1In section 3(1), for the definitions of registered medical practitioner and registered psychologist substitute—
"registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);
registered psychologist means a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student);".
33Legal Profession Act 2004
33.1In section 2.5.2, for the definition of registered medical practitioner substitute—
"registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);".
34Liquor Control Reform Act 1998
34.1For section 6(c) substitute—
"(c)to the supply or administration of liquor only as medicine or for medical purposes by or under the direction of—
(i)a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); or
(ii)person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession (other than as a student); or".
35Marine Act 1988
35.1In section 3(1), for paragraph (a) of the definition of approved health professional substitute—
"(a)a person registered under the Health Practitioner Regulation National Law—
(i)to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student); and
(ii)in the registered nurses division of that profession;".
35.2In section 3(1), for the definition of registered medical practitioner substitute—
"registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);".
36Meat Industry Act 1993
36.1In section 3(1), for the definition of registered medical practitioner substitute—
"registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);".
37Medical Treatment Act 1988
37.1In section 3, for the definition of registered medical practitioner substitute—
"registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);".
38Mental Health Act 1986
38.1In section 3(1), for the definitions of registered medical practitioner and registered nurse substitute—
"registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);
registered nurse means a person registered under the Health Practitioner Regulation National Law—
(a)to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student); and
(b)in the registered nurses division of that profession;".
39Occupational Health and Safety Act 2004
39.1In section 37(4), for the definition of medical treatment substitute—
"medical treatment means treatment by a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);".
40Parliamentary Salaries and Superannuation Act 1968
40.1In section 17(1), for "medical practitioner registered under the Health Professions Registration Act 2005" substitute "person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student)".
41Police Integrity Act 2008
41.1In section 30, for the definition of registered medical practitioner substitute—
"registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);".
42Police Regulation Act 1958
42.1In section 7(1), for "medical practitioners registered under the Health Professions Registration Act 2005" substitute "persons registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student)".
42.2In section 16B(2), for "medical practitioner registered under the Health Professions Registration Act 2005" substitute "person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student)".
42.3In section 64B(2), in the definition of disability, for "medical practitioners registered under the Health Professions Registration Act 2005" substitute "persons registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student)".
42.4In section 85A, for the definition of registered medical practitioner substitute—
"registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);".
43Professional Boxing and Combat Sports Act 1985
43.1In section 5, for the definition of medical practitioner substitute—
"medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);".
44Public Health and Wellbeing Act 2008
44.1In section 3(1)—
(a)for the definition of midwife substitute—
"midwife means a person registered under the Health Practitioner Regulation National Law—
(a)to practise in the nursing and midwifery profession as a midwife (other than as a student); and
(b)in the register of midwives kept for that profession;";
(b)the definition of registered nurse is repealed;
(c)insert the following definition—
"nurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student);";
(d)for the definitions of registered health practitioner and registered medical practitioner substitute—
"registered health practitioner means—
(a)a registered health practitioner within the meaning of the Health Professions Registration Act 2005;
(b)a person registered under the Health Practitioner Regulation National Law to practise a health profession other than as a student;
registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);";
(e)for the definition of registered pharmacist substitute—
"registered pharmacist means a person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession (other than as a student);".
44.2In section 3(1) for the definition of surgical or medical procedure for "registered nurse" (where twice occurring) substitute "nurse or midwife".
44.3For section 41(1)(a) substitute—
"(a)a National Board established under Part 5 of the Health Practitioner Regulation National Law;".
44.4For section 134(10)(c) and (d) substitute—
"(c)a person registered under the Health Practitioner Regulation National Law—
(i)to practise in the dental profession as a dentist (other than as a student); and
(ii)in the dentists division of that profession;
(ca)a nurse or a midwife;
(d)a student who is registered under the Health Practitioner Regulation National Law by the Medical Board of Australia, the Dental Board of Australia or the Nursing and Midwifery Board of Australia;".
44.5In Table 1 of the Schedule, in columns 1 and 3 of item 3, for "registered nurse" (wherever occurring) substitute "nurse, midwife".
45Radiation Act 2005
45.1In section 44(2), for paragraph (a) of the definition of relevant practitioner registration board substitute—
"(a)registered—
(i)as a health practitioner by a responsible board under the Health Professions Registration Act 2005—the responsible board that registered that person;
(ii)to practise a health profession other than as a student by a National Board under the Health Practitioner Regulation National Law—the National Board that registered that person;".
45.2In section 60—
(a)in subsection (2)(a), after "registration board" insert "or National Board";
(b)in subsection (5), for paragraph (a) of the definition of relevant practitioner registration board substitute—
"(a)registered—
(i)as a health practitioner by a responsible board under the Health Professions Registration Act 2005—the responsible board that registered that person;
(ii)to practise a health profession other than as a student by a National Board under the Health Practitioner Regulation National Law—the National Board that registered that person;".
45.3In section 136(1)(b), after "2005" insert ", a National Board established under Part 5 of the Health Practitioner Regulation National Law".
46Rail Safety Act 2006
46.1In section 3(1) for paragraph (a) of the definition of approved health professional substitute—
"(a)a person registered under the Health Practitioner Regulation National Law—
(i)to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student); and
(ii)in the registered nurses division of that profession;".
46.2In section 3(1) for the definition of registered medical practitioner substitute—
"registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);".
47Retirement Villages Act 1986
47.1In section 16(5)(b), for "medical practitioners registered under the Health Professions Registration Act 2005" substitute "persons registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student)".
48Road Safety Act 1986
48.1In section 3(1) for paragraph (a) of the definition of approved health professional substitute—
"(a)a person registered under the Health Practitioner Regulation National Law—
(i)to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student); and
(ii)in the registered nurses division of that profession;".
48.2In section 3(1)—
(a)for the definition of dentist substitute—
"dentist means a person registered under the Health Practitioner Regulation National Law—
(a)to practise in the dental profession (other than as a student); and
(b)in the dentists division of that profession;";
(b)for the definition of pharmacist substitute—
"pharmacist means a person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession (other than as a student);";
(c)for the definition of registered medical practitioner substitute—
"registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);".
49Sentencing Act 1991
49.1In section 18ZY(4)(a), for "medical practitioner registered under the Health Professions Registration Act 2005" substitute "person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student)".
49.2In section 95BA(2)—
(a)for the definition of dentist substitute—
"dentist means—
(a)a person registered or qualified to be registered under the Health Practitioner Regulation National Law—
(i)to practise in the dentistry profession (other than as a student) and;
(ii)in the dentists division of that profession; or
(b)a person entitled to practise dentistry in a place out of Australia under an enactment of that place corresponding to the Health Practitioner Regulation National Law, whether or not the person does so practise;";
(b)for the definition of medical practitioner substitute—
"medical practitioner means—
(a)a person registered or qualified to be registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); or
(b)a person entitled to practise medicine in a place out of Australia under an enactment of that place corresponding to the Health Practitioner Regulation National Law, whether or not the person does so practise;";
(c)for the definition of psychologist substitute—
"psychologist means—
(a)a person registered or qualified to be registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student); or
(b)a person who is qualified or registered to practise psychology in a place outside Australia.".
50Serious Sex Offenders (Detention and Supervision) Act 2009
50.1In section 3, for the definition of psychologist substitute—
"psychologist means—
(a)a person registered or qualified to be registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student); or
(b)a person who is qualified or registered to practise psychology in a place outside Australia;".
50.2In section 3, insert the following definition—
"nurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student);".
51State Employees Retirement Benefits Act 1979
51.1In section 2(1), for the definition of registered medical practitioner substitute—
"registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);".
52State Superannuation Act 1988
52.1In section 3(1), for the definition of registered medical practitioner substitute—
"registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);".
53Status of Children Act 1974
53.1In section 24(4), for "medical practitioners registered under the Health Professions Registration Act 2005" substitute "persons registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student)".
54Summary Offences Act 1966
54.1In section 42(2), for "medical practitioner registered under the Health Professions Registration Act 2005" substitute "person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student)".
54.2In section 43(1) for the definitions of registered health practitioner, registered student and regulated health service substitute—
"registered health practitioner means—
(a)a registered health practitioner within the meaning of the Health Professions Registration Act 2005;
(b)a person registered under the Health Practitioner Regulation National Law to practise a health profession;
registered student means a person registered under the Health Practitioner Regulation National Law to practise a health profession as a student or a registered student within the meaning of the Health Professions Registration Act 2005;
regulated health service means a health profession that is regulated by a responsible board under the Health Professions Registration Act 2005 or a National Board under the Health Practitioner Regulation National Law.".
55Therapeutic Goods (Victoria) Act 1994
55.1In section 3 insert the following definitions—
"dentist means a person registered under the Health Practitioner Regulation National Law—
(a)to practise in the dental profession as a dentist (other than as a student); and
(b)in the dentists division of that profession;
pharmacist means a person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession (other than as a student);
registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);".
56Transport Accident Act 1986
56.1In section 3(1)—
(a)in the definition of medical practitioner for "medical practitioner registered under the Health Professions Registration Act 2005" substitute "person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student)";
(b)for paragraph (ba) of the definition of medical service substitute—
"(ba)the provision of acupuncture by a person—
(i)registered as an acupuncturist under the Health Practitioner Regulation National Law; or
(ii)whose registration is endorsed to practise acupuncture under that Law; or
(iii)registered as a Chinese medicine practitioner under the Health Professions Registration Act 2005; and";
(c)insert the following definitions—
"midwife means a person registered under the Health Practitioner Regulation National Law—
(a)to practise in the nursing and midwifery profession as a midwife (other than as a student); and
(b)in the register of midwives kept for that profession;
nurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student);".
56.2In section 3(1) for the definition of nursing service substitute—
"nursing service means a nursing or midwifery service rendered by a nurse or midwife, otherwise than at a hospital or as a member of the nursing staff of a hospital;".
56.3In section 3(1), for the definition of registered psychologist substitute—
"registered psychologist means a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student);".
56.4In section 134, for the definition of registered medical practitioner substitute—
"registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);".
57Transport Superannuation Act 1988
57.1In section 3(1), for the definition of registered medical practitioner substitute—
"registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);".
58Veterinary Practice Act 1997
58.1In section 3, for the definition of registered medical practitioner substitute—
"registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);".
58.2In section 27(5), for paragraphs (b) to (e) substitute—
"(b)a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student); or
(c)a person registered under the Health Practitioner Regulation National Law to practise in the physiotherapy profession (other than as a student); or
(d)a person registered under the Health Practitioner Regulation National Law to practise in the osteopathy profession (other than as a student); or
(e)a person registered under the Health Practitioner Regulation National Law to practise in the chiropractic profession (other than as a student.".
59Victorian Institute of Forensic Medicine Act 1985
59.1In section 3(1), for the definition of doctor substitute—
"doctor means a person who is registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);".
60Workers Compensation Act 1958
60.1In section 3(1) insert the following definitions—
"midwife means a person registered under the Health Practitioner Regulation National Law—
(a)to practise in the nursing and midwifery profession as a midwife (other than as a student); and
(b)in the register of midwives kept for that profession;
nurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student);
registered chiropractor means a person registered under the Health Practitioner Regulation National Law to practise in the chiropractic profession (other than as a student);
registered dentist means a person registered under the Health Practitioner Regulation National Law—
(a)to practise in the dental profession as a dentist (other than as a student); and
(b)in the dentists division of that profession;
registered optometrist means a person registered under the Health Practitioner Regulation National Law to practise in the optometry profession (other than as a student);
registered osteopath means a person registered as under the Health Practitioner Regulation National Law to practise in the osteopathy profession (other than as a student);
registered physiotherapist means a person registered as a physiotherapist under the Health Practitioner Regulation National Law;
registered podiatrist means a person registered under the Health Practitioner Regulation National Law to practise in the podiatry profession (other than as a student);".
60.2In section 3(1), for the definition of registered medical practitioner substitute—
"registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);".
60.3For section 26(2)(e) substitute—
"(e)nursing service means a nursing or midwifery service rendered by a nurse or midwife, otherwise than at a hospital or as a member of the nursing staff of a hospital;".
61Working with Children Act 2005
61.1In section 3 for the definition of registered medical practitioner substitute—
"registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);".
62Wrongs Act 1958
62.1In section 28LB, in the definition of medical practitioner, for "medical practitioner registered under the Health Professions Registration Act 2005" substitute "person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student)".
62.2In section 28LB, for the definition of registered health practitioner substitute—
"registered health practitioner means—
(a)a medical practitioner; or
(b)a person registered under the Health Practitioner Regulation National Law—
(i)to practise in the dental profession as a dentist (other than as a student); and
(ii)in the dentists division of that profession; or
(c)a person registered under the Health Practitioner Regulation National Law to practise in the chiropractic profession (other than as a student); or
(d)a person registered under the Health Practitioner Regulation National Law to practise in the optometry profession (other than as a student); or
(e)a person registered under the Health Practitioner Regulation National Law to practise in the osteopathy profession (other than as a student); or
(f)a person registered under the Health Practitioner Regulation National Law to practise in the physiotherapy profession (other than as a student); or
(g)a person registered under the Health Practitioner Regulation National Law to practise in the podiatry profession (other than as a student); or
(h)a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student); or
(i)a Chinese medicine practitioner registered under the Health Professions Registration Act 2005;".
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Endnotes
Minister's second reading speech—
Legislative Assembly: 24 February 2010
Legislative Council: 11 March 2010
The long title for the Bill for this Act was "A Bill for an Act to amend the Health Professions Registration Act 2005, the Health Practitioner Regulation National Law (Victoria) Act 2009 and other Acts and for other purposes."
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