Untitled document

Health Legislation (Infertility Treatment and Medical Treatment) Act 2006

Act No. 45/2006

table of provisions

Section  Page

1.Purposes

2.Commencement

3.Licensed centres

4.Refusal of treatment certificate by agent or guardian

5.Statute law revision

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Endnotes

Health Legislation (Infertility Treatment and Medical Treatment) Act 2006

[Assented to 25 July 2006]

The Parliament of Victoria enacts as follows:

1.Purposes

The purposes of this Act are—

(a)to amend the Infertility Treatment Act 1995 with respect to licensing of infertility treatment service providers;

(b)to make minor amendments to the Medical Treatment Act 1988; and

(c)to make an amendment of a statute law revision nature.

2.Commencement

(1)This Act (except section 5) comes into operation on the day on which it receives the Royal Assent.

(2)Section 5 is deemed to have come into operation on 6 May 2003.

3.Licensed centres

In section 93 of the Infertility Treatment Act 1995—

(a)in paragraph (c), for "who is a legal

person—" substitute "who is a legal person; or";

(b)after paragraph (c) insert—

"(ca)the proprietor, being a body corporate, of a clinic that—

(i)is within a public hospital, denominational hospital, private hospital or day procedure centre; or

(ii)accesses clinical services of, a public hospital, denominational hospital, private hospital or day procedure centre under a service agreement—";

(c)for "premises of the hospital or centre" substitute "premises of the hospital, centre or clinic".

4.Refusal of treatment certificate by agent or guardian

In Schedule 3 to the Medical Treatment Act 1988—

(a)for—

"*an order of the Victorian Civil and Administrative Tribunal under the Guardianship and Administration Act 1986."

substitute—

"*an appropriate guardianship order of the Victorian Civil and Administrative Tribunal under the Guardianship and Administration Act 1986 that provides for decisions about medical treatment.";

(b)for Note 4 substitute—

"4.If a medical practitioner is asked to sign the verification part of this certificate and has doubts about any of the following matters, an application may be made to the Victorian Civil and Administrative Tribunal to review the case—

(a)whether the patient is incompetent;

(b)in the case of an alternate agent, whether the medical practitioner or other person should decline to be satisfied of the matters referred to in paragraph (a) of the verification, in accordance with section 5AA(2) of the Medical Treatment Act 1988;

(c)whether the agent or guardian is competent to act and is acting in good faith in refusing medical treatment on behalf of the patient.".

5.Statute law revision

In section 23 of the Health Legislation (Research Involving Human Embryos and Prohibition of Human Cloning) Act 2003—

(a)after "and (3)" insert "of the Principal Act"; and

(b)for "Commonwealth Act" substitute "Research Involving Human Embryos Act 2002 of the Commonwealth".

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Endnotes

Minister's second reading speech—

Legislative Assembly: 31 May 2006

Legislative Council: 18 July 2006

The long title for the Bill for this Act was "to amend the Infertility Treatment Act 1995 and the Medical Treatment Act 1988 and for other purposes."