Norfolk Island Legislation Amendment (Pathology Transitional) Rule 2016

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Legislation au F2016L01121 Rules Not in force Legislative Instrument

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Norfolk Island Legislation Amendment (Pathology Transitional) Rule 2016

made under item 357 of Schedule 2 of the
Norfolk Island Legislation Amendment Act 2015

Compilation No. 1

Compilation date:   22 February 2017

Includes amendments up to: F2017L00137

About this compilation

This compilation

This is a compilation of the Norfolk Island Legislation Amendment (Pathology Transitional) Rule 2016 as amended and in force on 22 February 2017 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). For more information on any uncommenced amendments, see the series page on Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on Legislation Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

Part 1—Preliminary

1  Name 

2  Commencement

3  Cessation

4  Authority

Part 2—Transitional rule

5  Interpretation

6  Pathology services provided at the Norfolk Island Health and Residential Aged Care Service Facility

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

 

Part 1—Preliminary

1  Name

  This is the Norfolk Island Legislation Amendment (Pathology Transitional) Rule 2016.

2  Commencement

  This rule commences immediately after Part 1 of Schedule 2 of the Norfolk Island Legislation Amendment Act 2015.

Note: Part 1 of Schedule 2 commences on 1 July 2016.

3  Cessation

 

 This rule ceases as if repealed on 1 September 2017.

4  Authority

  This rule is made under item 357 of Schedule 2 of the Norfolk Island Legislation Amendment Act 2015.

Part 2—Transitional rule

 

5  Interpretation

 

(1) In this rule, unless the contrary intention appears:

 

accredited pathology laboratory has the meaning given by subsection 3(1) of the Health Insurance Act 1973.

 

approved pathology authority has the meaning given by subsection 3(1) of the Health Insurance Act 1973.

 

approved pathology practitioner has the meaning given by subsection 3(1) of the Health Insurance Act 1973.

 

medical practitioner has the meaning given by subsection 3(1) of the Health Insurance Act 1973.

 

Norfolk Island Health and Residential Aged Care Service means the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1) of the Norfolk Island Health and Residential Aged Care Service Act 1985.

 

Norfolk Island Health and Residential Aged Care Service Facility means the Norfolk Island Health and Residential Aged Care Service Facility:

  1.     continued in existence by section 5 of the Norfolk Island Health and Residential Aged Care Service Act 1985 ; and
  2.     at which, before 1 July 2016, pathology services were provided.  

 

pathology service has the meaning given by subsection 3(1) of the Health Insurance Act 1973.

 

6  Pathology services provided at the Norfolk Island Health and Residential Aged Care Service Facility

(1)  This rule applies in respect of a pathology service that is:

(a) rendered by or on behalf of a medical practitioner who is employed by, or engaged under a contract for services with, the Norfolk Island Health and Residential Aged Care Service;

(b) rendered at the Norfolk Island Health and Residential Aged Care Service Facility; and

(c) of a kind that was ordinarily rendered on Norfolk Island before 1 July 2016. 

(2)  The medical practitioner by whom or on whose behalf the service was rendered is taken to be an approved pathology practitioner in respect of that service. 

(3)  The Norfolk Island Health and Residential Aged Care Service Facility is taken to be:

(a) an accredited pathology laboratory, the sole proprietor of which is the Norfolk Island Health and Residential Aged Care Service; and

(b) accredited for pathology services of that kind.

(4)  The Norfolk Island Health and Residential Aged Care Service is taken to be an approved pathology authority in respect of that service. 

(5)  This rule ceases to apply if the Norfolk Island Health and Residential Aged Care Service Facility, or any part of it, becomes an accredited pathology laboratory following an application made under section 23DN of the Health Insurance Act 1973. 

 

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the complied law.

The following endnotes are included in each compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

 

Abbreviation key—Endnote 2

The abbreviation key in this endnote sets out abbreviations that may be used in the endnotes.

 

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

 

The legislation history in endnote 3 provides information about each law that has amended the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

 

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

 

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

exp = expires/expired or ceases/ceased to have

 

    effect

reloc = relocated

F = Federal Register of Legislation

renum = renumbered

gaz = gazette

rep = repealed

LA = Legislation Act 2003

rs = repealed and substituted

LIA = Legislative Instruments Act 2003

s = section(s)/subsection(s)

(md) = misdescribed amendment can be given

Sch = Schedule(s)

    effect

Sdiv = Subdivision(s)

(md not incorp) = misdescribed amendment

SLI = Select Legislative Instrument

    cannot be given effect

SR = Statutory Rules

mod = modified/modification

Sub‑Ch = Sub‑Chapter(s)

No. = Number(s)

SubPt = Subpart(s)

 

underlining = whole or part not

 

    commenced or to be commenced

 

 

 

 

 

 

 

 

 

Endnote 3—Legislation history

 

Name

FRLI registration or gazettal

Commencement

Application, saving and transitional provisions

Norfolk Island Legislation Amendment Act Transitional Rule (Pathology) 2016

F2016L01121

(30 June 2016)

1 July 2016

 

Norfolk Island Legislation Amendment (Pathology Transitional) Amendment (Cessation Date) Rule 2017

F2017L00137

(21 February 2017)

22 February 2017

 

 

Endnote 4—Amendment history

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

s. 1

rs. No. F2017L00137, 2017

s. 3

am. No. F2017L00137, 2017

 

 

 

 

 

 

Overview

The Norfolk Island Legislation Amendment (Pathology Transitional) Rule 2016 was enacted to address the transitional issues that arose from the reforms implemented by the Norfolk Island Legislation Amendment Act 2015. This rule was made under item 357 of Schedule 2 of the Norfolk Island Legislation Amendment Act 2015 and was designed to ensure continuity in pathology services on Norfolk Island as the territory transitioned to mainland Australia's legislative framework. The rule applies specifically to pathology services provided at the Norfolk Island Health and Residential Aged Care Service Facility, treating such services as if they were rendered by approved pathology practitioners and the facility as an accredited pathology laboratory until a certain date. The overarching policy objective is to maintain uninterrupted healthcare services during the legislative transition.

Scope and Application

The Norfolk Island Legislation Amendment (Pathology Transitional) Rule 2016 applies to pathology services rendered by or on behalf of a medical practitioner employed by, or engaged under a contract for services with, the Norfolk Island Health and Residential Aged Care Service, at the Norfolk Island Health and Residential Aged Care Service Facility, and of a kind that was ordinarily rendered on Norfolk Island before 1 July 2016. The rule treats the medical practitioner as an approved pathology practitioner, the Norfolk Island Health and Residential Aged Care Service Facility as an accredited pathology laboratory, and the Norfolk Island Health and Residential Aged Care Service as an approved pathology authority in respect of such services. The rule applies to Norfolk Island and ceases to have effect if the Norfolk Island Health and Residential Aged Care Service Facility becomes an accredited pathology laboratory following an application under section 23DN of the Health Insurance Act 1973. The rule commenced on 1 July 2016 and ceased on 1 September 2017, with an amendment altering the cessation date to 22 February 2017. The rule is made under item 357 of Schedule 2 of the Norfolk Island Legislation Amendment Act 2015.

Key Provisions

The Norfolk Island Legislation Amendment (Pathology Transitional) Rule 2016 (the "Rule") provides transitional arrangements for the provision of pathology services on Norfolk Island, effective from 1 July 2016 until 1 September 2017. The Rule applies to pathology services rendered by or on behalf of medical practitioners employed by, or engaged under a contract for services with, the Norfolk Island Health and Residential Aged Care Service (the "Service") at the Norfolk Island Health and Residential Aged Care Service Facility (the "Facility"), where those services were ordinarily rendered on Norfolk Island before 1 July 2016 (section 6(1)). Under this Rule, the medical practitioner providing the pathology service is deemed to be an approved pathology practitioner, and the Facility is deemed to be an accredited pathology laboratory for the purpose of those services (section 6(2) and (3)). Additionally, the Service is deemed to be an approved pathology authority for those services (section 6(4)). These provisions ensure continuity of service and compliance with the Health Insurance Act 1973 during the transitional period. The Rule imposes obligations on the Norfolk Island Health and Residential Aged Care Service to ensure that pathology services provided under its employment or contractual arrangements comply with the deeming provisions outlined above. The Service must ensure that any pathology services rendered at the Facility are provided in accordance with the requirements of the Health Insurance Act 1973, and that any necessary accreditations and approvals are maintained. The Rule also requires that the Service ceases to apply if the Facility becomes an accredited pathology laboratory following an application under section 23DN of the Health Insurance Act 1973 (section 6(5)). Failure to comply with these obligations could result in non-compliance with the Health Insurance Act 1973 and potential penalties under that Act. Breaches of the transitional provisions in the Rule could result in civil or criminal consequences under the Health Insurance Act 1973, depending on the nature and severity of the breach. Under the Health Insurance Act 1973, penalties for breaches can include fines of up to $22,200 for individuals and $111,000 for bodies corporate, as well as potential criminal penalties for serious or repeated breaches. Additionally, any failure to comply with the deeming provisions of the Rule could result in the Service or the Facility losing their deemed accreditation or approval status under the Health Insurance Act 1973, which could have significant operational and financial consequences. It is therefore important for the Service to ensure compliance with the Rule and the Health Insurance Act 1973 to avoid these potential consequences.

Legal classification tags

Instrument
Legislative Instrument
Concepts
Commencement Provisions
Cessation
Transitional Provisions
Catchwords
pathology services
accreditation
transitional arrangements

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.