Health Professions Registration (Repeal) Act 2012

Health Professions Registration (Repeal) Act 2012

No. 27 of 2012

TABLE OF PROVISIONS

Section

PART 1—PRELIMINARY

1 Purposes

2 Commencement

PART 2—REPEAL OF HEALTH PROFESSIONS

REGISTRATION ACT 2005 AND TRANSITIONAL

PROVISIONS

3 Repeal of Health Professions Registration Act 2005

4 Abolition of Boards

5 Reports

PART 3—CONSEQUENTIAL AMENDMENTS

Division 1—Amendment of the Abortion Law Reform Act 2008

6 Definitions

Division 2—Amendment of the Accident Compensation Act 1985

7 Findings of relevant bodies

8 Schedule 6

Division 3—Amendment of the Drugs, Poisons and Controlled

Substances Act 1981

9 Definitions

10 Act not to derogate from provisions of certain other Acts

11 The Poisons List

12 Persons authorized to have possession etc. of poisons or controlled substances

13 Restrictions on authorisations for certain health practitioners

14 Minister to approve scope of prescribing rights or supply of poisons

15 Offences concerning labelling and other matters

16 Construction of section 129

Page

1

1

2

7

8

8

8

8

6

6

7

7

5

5

5

5

5

6

3

3

3

3 i

Section

Division 4—Amendment of the Education and Training Reform

Act 2006

17 Definitions

18 Findings and determinations of medical panel hearing

Division 5—Amendment of the Health Practitioners (Special

Events Exemption) Act 1999

19 Definitions

20 Pharmacists exempt from certain offences

Division 6—Amendment of the Health Services (Conciliation and

Review) Act 1987

21 Schedule

Division 7—Amendment of the Public Health and Wellbeing

Act 2008

22 Definitions

Division 8—Amendment of the Radiation Act 2005

23 Further considerations in relation to use licence applications

24 Suspension or cancellation

25 Disclosure of information to other agencies

Division 9—Amendment of the Summary Offences Act 1966

26 Definitions

Division 10—Amendment of the Transport Accident Act 1986

27 Definitions

Division 11—Amendment of the Victorian Civil and

Administrative Tribunal Act 1998

28 Schedule 1

Division 12—Amendment of the Working with Children Act 2005

29 Category 3 application

Division 13—Amendment of the Wrongs Act 1958

30 Definitions

PART 4—REPEAL OF ACT

31 Repeal of Act

═══════════════

ENDNOTES ii

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Victoria

Health Professions Registration

(Repeal) Act 2012

†

No. 27 of 2012

The Parliament of Victoria enacts:

[Assented to 29 May 2012]

PART 1—PRELIMINARY

1 Purposes

The main purposes of this Act are—

(a) to repeal the Health Professions

Registration Act 2005 due to the regulation of Chinese medicine practitioners and medical radiation practitioners under the

Health Practitioner Regulation National

Law;

1

s. 2

Health Professions Registration (Repeal) Act 2012

No. 27 of 2012

Part 1—Preliminary

(b) to make minor and consequential amendments to other Acts.

2 Commencement

This Act comes into operation on 1 July 2012.

__________________

2


No. 27 of 2012

Part 2—Repeal of Health Professions Registration Act 2005 and Transitional

Provisions s. 3

PART 2—REPEAL OF HEALTH PROFESSIONS

REGISTRATION ACT 2005 AND TRANSITIONAL

PROVISIONS

3 Repeal of Health Professions Registration Act 2005

The Health Professions Registration Act 2005 is repealed .

See:

Act No.

97/2005.

Reprint No. 1 as at

1 September

2007 and amending

Act Nos

46/2008,

64/2008,

79/2008,

68/2009,

69/2009,

13/2010,

39/2010,

43/2010 and

29/2011.

LawToday: www. legislation. vic.gov.au

4 Abolition of Boards

(1) On 1 July 2012 the following responsible boards within the meaning of the Health Professions

Registration Act 2005 are abolished—

(a) the Chinese Medicine Registration Board of

Victoria;

(b) the Medical Radiation Practitioners Board of

Victoria.

(2) On the abolition of a board under subsection (1) its members go out of office.

5 Reports

(1) Despite section 4, the report of operations and financial statements of a board abolished under section 4(1) for a period of time prior to the financial year ending 30 June 2012 must be

3

s. 5


No. 27 of 2012

Part 2—Repeal of Health Professions Registration Act 2005 and Transitional

Provisions prepared under the Financial Management Act

1994 .

(2) For the purposes of subsection (1)—

(a) the board continues in operation as if the board were a responsible board within the meaning of the Health Professions

Registration Act 2005 ; and

(b) that board had not been abolished.

__________________

4


No. 27 of 2012

Part 3—Consequential Amendments s. 6

PART 3—CONSEQUENTIAL AMENDMENTS

Division 1—Amendment of the Abortion Law Reform

Act 2008

6 Definitions

(1) In section 3 of the Abortion Law Reform Act

2008 , for the definition of registered health practitioner substitute

—

" registered health practitioner means a person registered under the Health Practitioner

Regulation National Law to practise a health profession (other than as a student);".

(2) In section 3 of the Abortion Law Reform Act

2008 , for the definition of regulated health profession substitute

—

" regulated health profession means a health profession within the meaning of the Health

Practitioner Regulation National Law;".

Division 2—Amendment of the Accident Compensation

Act 1985

7 Findings of relevant bodies

In section 249BA(4) of the Accident

Compensation Act 1985 , in the definition of relevant body for paragraph (a) substitute —

"(a) a National Board within the meaning of the


Law;".

See:

Act No.

58/2008 and amending

Act Nos

58/2008 and

13/2010.


See:

Act No.

10191.


1 July 2011 and amending

Act Nos

107/1997,

80/2010 and

76/2011.


5


No. 27 of 2012


See:

Act No. 9719.



Act Nos

39/2010,

43/2010,

64/2010,

29/2011,

41/2011,

43/2011 and

51/2011.


8 Schedule 6

In Schedule 6 to the Accident Compensation Act

1985 , for item 17 substitute

—

"17. A National Board within the meaning of the


Law.".

Division 3—Amendment of the Drugs, Poisons and

Controlled Substances Act 1981

9 Definitions

In section 4(1) of the Drugs, Poisons and

Controlled Substances Act 1981

—

(a) for the definition of registered Chinese herbal dispenser substitute

—

" registered Chinese herbal dispenser means a person registered under the Health

Practitioner Regulation National Law to practise in the Chinese medicine profession in the division of Chinese herbal dispenser;";

(b) for the definition of registered Chinese medicine practitioner substitute

—

" registered Chinese medicine practitioner means a person registered under the


Law to practise in the Chinese medicine profession in the division of Chinese herbal medicine practitioner;".

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No. 27 of 2012

Part 3—Consequential Amendments

10 Act not to derogate from provisions of certain other

Acts

In section 7 of the Drugs, Poisons and

Controlled Substances Act 1981 omit

" Health Professions Registration Act 2005 ,".

11 The Poisons List

In section 12A(1)(a) of the Drugs, Poisons and

Controlled Substances Act 1981 , for

"Registration Board of Victoria under the Health

Professions Registration Act 2005 " substitute

"Board of Australia under the Health Practitioner

Regulation National Law".

12 Persons authorized to have possession etc. of poisons or controlled substances

(1) In section 13(1)(d) of the Drugs, Poisons and

Controlled Substances Act 1981 , for "the Health


"section 94 of the Health Practitioner Regulation

National Law".

(2) In section 13(1)(e) of the Drugs, Poisons and




National Law".

(3) In section 13(3A) of the Drugs, Poisons and




National Law".

(4) In section 13(5) of the Drugs, Poisons and

Controlled Substances Act 1981 , for "registered as a" substitute "a registered". s. 10

7

s. 13


No. 27 of 2012

Part 3—Consequential Amendments

(5) In section 13(5) of the Drugs, Poisons and

Controlled Substances Act 1981 , after "Chinese medicine practitioner or" insert "registered".

13 Restrictions on authorisations for certain health practitioners

In section 14(2) of the Drugs, Poisons and

Controlled Substances Act 1981 , for

"Registration Board of Victoria continued in operation under the Health Professions

Registration Act 2005 " substitute "Board of

Australia acting under the Health Practitioner

Regulation National Law".

14 Minister to approve scope of prescribing rights or supply of poisons

In section 14A(3) of the Drugs, Poisons and

Controlled Substances Act 1981 omit

"a responsible board continued or established under the Health Professions Registration Act

2005 or".

15 Offences concerning labelling and other matters

In section 27A(4) of the Drugs, Poisons and

Controlled Substances Act 1981 , for " Health


"Health Practitioner Regulation National Law".

16 Construction of section 129

Section 130(b) of the Drugs, Poisons and

Controlled Substances Act 1981 is repealed .

8


No. 27 of 2012


Division 4—Amendment of the Education and Training

Reform Act 2006

17 Definitions

In section 2.6.35A of the Education and

Training Reform Act 2006 , for the definition of registered health practitioner substitute

—


Regulation National Law to practise a health profession other than as a student;".

18 Findings and determinations of medical panel hearing

In section 2.6.41E(3)(d) of the Education and

Training Reform Act 2006 omit "a health practitioner registered under the Health

Professions Registration Act 2005 or".

See:

Act No.

24/2006.


6 May 2010 and amending

Act Nos

27/2010,

28/2010,

39/2010,

71/2010,

11/2011,

61/2011 and

76/2011.


Division 5—Amendment of the Health Practitioners (Special

Events Exemption) Act 1999

19 Definitions

In section 3 of the Health Practitioners (Special

Events Exemption) Act 1999 , for the definition of health registration Act substitute —

" health registration Act means the Health

Practitioner Regulation National Law and includes any regulations made under that

Act;".

See:

Act No.

51/1999.


19 May 2011.


9


No. 27 of 2012


See:

Act No.

25/1987.


19 May 2011.


See:

Act No.

46/2008.



Act Nos

56/2011 and

80/2011.


20 Pharmacists exempt from certain offences

In section 16(2) of the Health Practitioners

(Special Events Exemption) Act 1999 omit

"the Health Professions Registration Act 2005 or".

Division 6—Amendment of the Health Services (Conciliation and Review) Act 1987

21 Schedule

For the Schedule to the Health Services

(Conciliation and Review) Act 1987 substitute

—

" SCHEDULE

1. A National Board established under the


Law.".

Division 7—Amendment of the Public Health and Wellbeing

Act 2008

22 Definitions

In section 3(1) of the Public Health and

Wellbeing Act 2008 , for the definition of registered health practitioner substitute

—


Regulation National Law to practise a health profession other than as a student;".

10


No. 27 of 2012


Division 8—Amendment of the Radiation Act 2005

23 Further considerations in relation to use licence applications

In section 44(2) of the Radiation Act 2005 , in the definition of relevant practitioner registration board for paragraph (a) substitute

—

"(a) registered 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;".

24 Suspension or cancellation

In section 60(5) of the Radiation Act 2005 , in the definition of relevant practitioner registration board for paragraph (a) substitute —

"(a) registered 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;".

25 Disclosure of information to other agencies

In section 136(1)(b) of the Radiation Act 2005 omit "a responsible board established or continued in operation under the Health

Professions Registration Act 2005 ,".

See:

Act No.

62/2005.


14 February


Act Nos

46/2008,

66/2008,

68/2009,

13/2010,

24/2010,

29/2010 and

29/2011.


11


No. 27 of 2012


See:

Act No. 7405.


1 January


Act Nos

1/2009,

7/2009,

68/2009,

92/2009,

13/2010,

18/2010,

29/2010,

63/2010,

12/2011,

27/2011,

29/2011,

43/2011,

58/2011,

80/2011 and

5/2012.


Division 9—Amendment of the Summary Offences Act 1966

26 Definitions

(1) In section 43(1) of the Summary Offences Act

1966 , for the definition of registered health practitioner substitute

—


Regulation National Law to practise a health profession;".


1966 for the definition of registered student substitute —

" registered student means a person whose name is entered in a student register for a health profession kept by a National Board under the Health Practitioner Regulation National

Law;".


1966 , in the definition of regulated health service omit "a responsible board under the Health

Professions Registration Act 2005 or".

See:

Act No.

111/1986.



Act No.

49/2010.


Division 10—Amendment of the Transport Accident

Act 1986

27 Definitions

In section 3(1) of the Transport Accident Act

1986 , in the definition of medical service for paragraph (ba) substitute

—

"(ba) the provision of acupuncture by a person—

(i) registered as a Chinese medicine practitioner in the Division of

Acupuncturists under the Health

Practitioner Regulation National Law; or

12


No. 27 of 2012


(ii) whose registration is endorsed under section 97 of the Health Practitioner

Regulation National Law as being qualified to practise as an acupuncturist; and".

Division 11—Amendment of the Victorian Civil and

Administrative Tribunal Act 1998

28 Schedule 1

In clause 11A in Part 5A of Schedule 1 to the

Victorian Civil and Administrative Tribunal

Act 1998 after " Health Professions Registration

Act 2005 " insert "as in force immediately before its repeal".

See:

Act No.

53/1998.


1 January


Act Nos

11/2010,

16/2010,

74/2010 and

6/2012.


Division 12—Amendment of the Working with Children

Act 2005

29 Category 3 application

In section 14(1)(a) of the Working with Children

Act 2005

—

(a) in subparagraph (ii) after " Health

Professions Registration Act 2005 " insert

"as in force immediately before its repeal";

(b) after subparagraph (ii) insert

—

"(iii) a determination under section 196(2)(d) or (e) or section 197(2)(b) of the Health

Practitioner Regulation National Law by VCAT or by another responsible

See:

Act No.

57/2005.


1 August 2011 and amending

Act Nos

51/2010,

34/2011,

65/2011 and

80/2011.


13


No. 27 of 2012

Part 3—Consequential Amendments s. 30 tribunal within the meaning of that

Law; or".

See:

Act No. 6420.


1 December


Act Nos

7/2009,

68/2009,

69/2009,

13/2010,

16/2010,

72/2010,

80/2010 and

79/2011.


Division 13—Amendment of the Wrongs Act 1958

30 Definitions

(1) In section 28LB of the Wrongs Act 1958 , in the definition of registered health practitioner after paragraph (c) insert

—

"(ca) a person registered under the Health

Practitioner Regulation National Law to practise in the occupational therapy profession (other than as a student); or".

(2) In section 28LB of the Wrongs Act 1958 , in the definition of registered health practitioner for paragraph (i) substitute

—

"(i) a person registered under the Health

Practitioner Regulation National Law to practise in the Chinese medicine profession—

(i) in the Division of Chinese herbal medicine practitioner; or

(ii) in the Division of Acupuncturists;".

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No. 27 of 2012

Part 4—Repeal of Act

PART 4—REPEAL OF ACT

31 Repeal of Act

This Act is repealed on 1 July 2013.

Note

The repeal of this Act does not affect the continuing operation of the repeal or the amendments made by it (see section 15(1) of the

Interpretation of Legislation Act 1984 ).

═══════════════ s. 31

15

Endnotes


No. 27 of 2012

ENDNOTES

†

Minister's second reading speech—

Legislative Assembly: 28 March 2012

Legislative Council: 19 April 2012

The long title for the Bill for this Act was "A Bill for an Act to repeal the

Health Professions Registration Act 2005 , to make related and consequential amendments to other Acts and for other purposes."

16

Health Professions Registration (Repeal) Act 2012

Health Professions Registration (Repeal) Act 2012

Health Professions Registration

(Repeal) Act 2012

No. 27 of 2012

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