Pharmacy Practice Act 2004
Act No. 80/2004
TABLE OF PROVISIONS
Section
Page
PART 1—PRELIMINARY
1.
2.
3.
1
Purposes
Commencement
Definitions
1
2
3
PART 2—REGISTRATION
9
Division 1—Requirements for Registration
9
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
Application for registration
Qualifications for general registration
General registration
Specific registration
Registration as a pharmacy student
Interim registration
Non-practising registration
Endorsement
Post-graduate qualifications
Entitlement of applicant to make submissions
Notification of outcome of application
Duration and renewal of registration
Renewal of registration
Retraining after periods out of practice
Effect of suspension of registration
Registration obtained by fraud
Division 2—Other requirements
20.
21.
22.
23.
24.
9
10
11
14
16
17
19
19
21
22
22
24
24
27
27
27
28
The Register
Certificates
Use of certificate as evidence
Requirement to notify the Board of changes of address
Provision of information
i
28
30
31
32
32
Section
Page
PART 3—PHARMACIES, PHARMACY DEPARTMENTS AND
PHARMACY DEPOTS
34
Division 1—Ownership and Operation
34
25.
26.
27.
28.
29.
Ownership of pharmacy businesses
Establishment of pharmacy businesses and pharmacy
departments
Approval of pharmacies, pharmacy businesses or pharmacy
departments
Establishment and operation of pharmacy depots
Notifications about pharmacy businesses and pharmacy
departments
Division 2—Pharmacists' Responsibilities
30.
31.
32.
33.
Notification by pharmacists
Controls over the supply, compounding or dispensing of
medicines
Personal supervision of pharmacy or pharmacy department
Access to closed pharmacies and pharmacy departments
Division 3—Other Requirements
34.
35.
38
39
40
41
42
42
42
43
44
45
Dispensing and recording of prescriptions
Security at pharmacy depots
Division 4—Approvals and revocation of approvals
36.
37.
34
Applications for approvals
Revocation of approvals
45
46
47
47
47
PART 4—INVESTIGATIONS
50
Division 1—Notification and commencement of investigations
50
38.
39.
40.
41.
42.
43.
44.
45.
Notifications about pharmacists
When notifications are to be dealt with by the Health Services
Commissioner as complaints
Board may deal with a health records complaint as a notification
Commencement of investigations by the Board
Request for conditions or suspension
Suspension of registration at any time
Agreements to amend, vary or revoke conditions or revoke
suspensions
Notice of preliminary investigation into ability or professional
performance
ii
50
50
52
53
55
57
58
59
Section
Page
Division 2—Specific provisions relating to the ability to practise or
undertake clinical training
46.
47.
48.
49.
50.
Medical examination
Report of examination
Outcome of preliminary investigation
Referral to a formal hearing
Findings and determinations of a formal hearing
Division 3—Specific provisions relating to the professional
performance of pharmacists
51.
52.
53.
54.
55.
56.
57.
58.
59.
60.
Performance assessment
Report of assessment
Refusal to attend or co-operate
Outcome of preliminary investigation into a pharmacist's
professional performance
Establishment and notice of a performance review panel
Constitution of a performance review panel
Conduct of a performance review panel
Outcome of a performance review panel's review
Referral to a medical examination or a formal hearing
Request for a formal hearing by a pharmacist
Division 4—Specific provisions relating to the professional conduct
of pharmacists
61.
62.
63.
64.
65.
66.
67.
68.
69.
70.
Outcome of a preliminary investigation
Establishment and notice of an informal hearing
Constitution of a panel for an informal hearing
Notice of an informal hearing
Conduct of an informal hearing
Findings and determinations of an informal hearing
Change of informal hearing to formal hearing during course of
hearing
Request for formal hearing upon completion of informal hearing
Finding and determinations of a formal hearing into conduct
Investigation may continue even if a person is no longer
registered
Division 5—Special provisions relating to hearings
71.
72.
73.
74.
75.
76.
77.
Application of Division
Establishment and notice of formal hearing
Constitution of a hearing panel for a formal hearing
Notice of a formal hearing
Preliminary conferences
Personal attendance may be required
Conduct of a formal hearing
iii
60
60
61
62
62
62
64
64
64
65
65
66
67
67
68
69
69
70
70
70
71
72
72
73
73
74
74
76
77
77
77
78
79
80
80
81
Section
Page
Division 6—General provisions relating to hearings
78.
79.
80.
81.
82.
83.
84.
85.
Procedure at formal and informal hearings
Powers of panel conducting a formal hearing
Determinations
Removal of suspension or condition
Reasons for determinations of panel or Board
Notice of findings, determinations and hearings
Offence to disclose information identifying a notifier
Terms and conditions of appointment of panel members
PART 5—REVIEW BY VCAT
86.
87.
95.
96.
97.
98.
99.
100.
101.
102.
103.
Review by Victorian Civil and Administrative Tribunal
Notification
Claims by persons as to registration
Pharmacy students
Claims by persons as to approval
Fraud, forgery etc.
Undue influence
Offence of directing or inciting unprofessional conduct
Convicted offenders may be prohibited from carrying on
pharmacy business
Offence of carrying on pharmacy business while prohibited
Effect of appeal against conviction
Power to require information from convicted persons
Register of prohibitions
Evidentiary certificate
Secretary to notify Board of prohibitions
Advertising
Advertising guidelines
Power of the courts to require corrective advertising
PART 7—ADMINISTRATION
104.
105.
106.
107.
108.
109.
110.
111.
112.
113.
114.
82
82
83
83
83
84
85
86
87
PART 6—OFFENCES AND REGULATED CONDUCT
88.
89.
90.
91.
92.
93.
94.
82
87
89
90
90
92
93
93
94
95
96
97
97
97
99
99
100
100
101
102
103
Establishment of Board
Powers, functions and consultation requirements
Membership of the Board
Terms of office
Resignation and removal
President and Deputy President
Acting member
Payment of members
Procedure of Board
Effect of vacancy or defect
Member's interests
iv
103
103
105
106
106
107
107
108
108
109
109
Section
115.
116.
117.
118.
119.
Page
Resolutions without meetings
Approved methods of communication for Board
Immunity
Staff
Delegation
PART 8—REPORTING AND FINANCIAL PROVISIONS
120.
121.
122.
123.
Pharmacy Board Fund
Investment powers
Powers of Board in relation to fees
Repayment of advances
PART 9—ENFORCEMENT AND SUPPLEMENTARY
PROVISIONS
124.
125.
126.
127.
128.
129.
130.
131.
132.
133.
134.
135.
136.
137.
138.
Proceedings for offences
Authorisation of persons to assist in enforcement
Identification
Powers of entry to pharmacies
Board may examine documents
Powers of entry with warrant
Announcement before entry
Copy of warrant to be given
Copies or receipts to be given
Copies of seized documents
Retention and return of seized documents or things
Magistrates' Court may extend 3 month period
Protection against self-incrimination
Offence to give false or misleading information
Offence to hinder or obstruct authorised person
PART 10—GENERAL
110
111
111
112
112
113
113
113
114
114
116
116
116
116
117
118
119
120
121
121
121
122
122
123
124
124
125
139. Regulations
125
PART 11—SAVINGS AND TRANSITIONALS
127
Division 1—Savings and Transitional
127
140.
141.
142.
143.
144.
Definitions
Repeal
Board succeeds old Board
Proceedings before the old Board
Application of this Act to conduct occurring before
commencement of this Act
145. Existing registrations
146. Existing pharmacies, pharmacy departments and pharmacy
depots
v
127
127
127
128
129
130
131
Section
Page
147. Cap on growth of pharmacy ownership for friendly society
type companies
148. Board and regulations continue under the old Act
149. Preparation of annual report
Division 2—Consequential Amendments
150. Consequential amendments
__________________
132
135
135
135
135
SCHEDULES
136
SCHEDULE 1—Matters Required for Approval
136
SCHEDULE 2—Consequential Amendments
138
═══════════════
ENDNOTES
140
INDEX
141
vi
Victoria
No. 80 of 2004
Pharmacy Practice Act 2004†
[Assented to 16 November 2004]
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1. Purposes
The main purposes of this Act are to—
(a) protect the public by providing for the
registration of pharmacists and investigations
into the professional conduct, professional
performance and ability to practise of
registered pharmacists; and
1
Pharmacy Practice Act 2004
Act No. 80/2004
s. 2
Part 1—Preliminary
(b) protect the public by providing for the
registration of pharmacy students and
investigations into the conduct and ability of
pharmacy students to undertake clinical
training; and
(c) regulate the operation of pharmacies,
pharmacy businesses, pharmacy departments
and pharmacy depots; and
(d) regulate the advertising of pharmacies,
pharmacy businesses and pharmacy services;
and
(e) establish the Pharmacy Board of Victoria
and the Pharmacy Board Fund; and
(f) repeal the Pharmacists Act 1974 and to
make consequential amendments to other
Acts; and
(g) provide for other related matters.
2. Commencement
(1) Sections 1, 140, 147, 148 and this section come
into operation on the day on which this Act
receives the Royal Assent.
(2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(3) If a provision referred to in sub-section (2) does
not come into operation before 1 July 2005, it
comes into operation on that day.
2
Pharmacy Practice Act 2004
Act No. 80/2004
Part 1—Preliminary
3. Definitions
(1) In this Act—
"alcoholic" has the same meaning as in the
Alcoholics and Drug-dependent Persons
Act 1968;
"authorised person" means the Registrar or a
person authorised by the Board or the
Secretary under section 125 to carry out
functions and exercise powers under Part 9;
"Board" means the Pharmacy Board of Victoria
established under Part 7;
"condition" includes limitation or restriction;
"drug-dependent person" has the same meaning
as in the Alcoholics and Drug-dependent
Persons Act 1968;
"Fund" means the Pharmacy Board Fund
established under Part 8;
"Health Services Commissioner" means the
Health Services Commissioner within the
meaning of the Health Services
(Conciliation and Review) Act 1987;
"lawyer" means a person admitted to practise as
a barrister and solicitor of the Supreme
Court;
"non-practising pharmacist" means a
pharmacist who is registered under
section 10;
"notifier" means a person who has made a
notification under section 38;
3
s. 3
Pharmacy Practice Act 2004
Act No. 80/2004
s. 3
Part 1—Preliminary
"pharmacy" means premises in or from which a
registered pharmacist supplies, compounds
or dispenses medicines to the public and
includes the portion of the premises where
the pharmacist sells or offers to sell goods of
any kind, but does not include a pharmacy
department or pharmacy depot;
"pharmacy business" means a business carried
on at a pharmacy and includes the business
of providing pharmacy services and that part
of the business where goods of any kind are
sold or offered to be sold but does not
include a pharmacy department or pharmacy
depot;
"pharmacy department" means the portion of
the premises of a registered funded agency,
private hospital or privately-operated
hospital within the meaning of the Health
Services Act 1988 set aside for supplying,
compounding or dispensing medicines on
order or prescription to patients and staff of
the agency or hospital;
"pharmacy depot" means premises at which—
(a) written prescriptions for the supplying,
compounding or dispensing of
medicines may be left for a pharmacist;
(b) medicines supplied, compounded or
dispensed by a registered pharmacist
may be left for collection by or on
behalf of the person to whom they are
addressed;
"pharmacy services" includes—
(a) the supply, compounding or dispensing
of medicines; and
(b) advice and counselling on the effective
and safe use of medicines;
4
Pharmacy Practice Act 2004
Act No. 80/2004
Part 1—Preliminary
"practise as a pharmacist" includes provide
pharmacy services;
"professional indemnity insurance" includes
insurance against civil liability in connection
with the provision of pharmacy services by a
registered pharmacist and an agreement or
arrangement for discretionary indemnity in
respect of that liability;
"professional performance" means the
knowledge, skill or care possessed and
applied by a registered pharmacist in the
provision of pharmacy services;
"proprietary interest" means a legal or
beneficial interest and includes a proprietary
interest as a sole proprietor, as a partner, as a
director, member or shareholder of a
company and as the trustee or beneficiary of
a trust;
"Register" means the Register of Pharmacists
kept under Part 2;
"registered medical practitioner" means a
medical practitioner registered under the
Medical Practice Act 1994;
"registered pharmacist" means a person
registered under Part 2, whether or not the
registration of that person is general,
specific, interim or non-practising but does
not include a registered pharmacy student;
"registered pharmacy student" means a
pharmacy student registered under section 8;
"Registrar" means the person employed by the
Board under section 118 to be responsible
for maintaining the Register;
5
s. 3
Pharmacy Practice Act 2004
Act No. 80/2004
s. 3
Part 1—Preliminary
"Secretary" means—
(a) in relation to any act to which
section 6(3) of the Health Act 1958
applies, the body corporate established
under section 6 of that Act; and
(b) in any other case, the Department Head,
within the meaning of the Public
Sector Management and
Employment Act 1998, to the
Department of Human Services;
"unprofessional conduct" means all or any of
the following—
(a) professional conduct which is of a
lesser standard than that which the
public might reasonably expect of a
registered pharmacist; or
(b) professional conduct which is of a
lesser standard than that which might
reasonably be expected of a registered
pharmacist by his or her peers; or
(c) professional misconduct; or
(d) infamous conduct in a professional
respect; or
(e) providing a person with pharmacy
services of a kind that are excessive,
unnecessary or not reasonably required
for that person's well-being; or
(f) influencing or attempting to influence
the provision of pharmacy services in
such a way that client care may be
compromised; or
(g) a contravention of section 101 or the
guidelines issued under section 102; or
6
Pharmacy Practice Act 2004
Act No. 80/2004
Part 1—Preliminary
(h) the failure to act as a pharmacist when
required under an Act or regulations to
do so; or
(i) a finding of guilt of—
(i) an offence where the pharmacist's
ability to continue to practise is
likely to be affected because of the
finding of guilt or where it is not
in the public interest to allow the
pharmacist to continue to practise
because of the finding of guilt; or
(ii) an offence under this Act or the
regulations; or
(iii) an offence as a pharmacist under
any other Act or regulations; or
(j) the contravention of, or failure to
comply with a condition on the
registration of the pharmacist imposed
by or under this Act; or
(k) if the pharmacist owns or has a
proprietary interest in a pharmacy
business, failure to comply with a
condition of approval of that pharmacy
business; or
(l) the breach of an agreement made under
section 43(5), 48 or 54 between a
pharmacist and the Board; or
(m) unsatisfactory professional
performance;
"unsatisfactory professional performance" of a
registered pharmacist means professional
performance which is of a lesser standard
than that which the registered pharmacist's
peers might reasonably expect of a registered
pharmacist.
7
s. 3
Pharmacy Practice Act 2004
Act No. 80/2004
s. 3
Part 1—Preliminary
(2) If under the Public Sector Management and
Employment Act 1998 the name of the
Department of Human Services is changed, the
reference in the definition of "Secretary" in subsection (1) to that Department must, from the date
when the name is changed, be treated as a
reference to the Department by its new name.
(3) For the purposes of this Act, a person is to be
treated as carrying on a pharmacy business,
pharmacy department or pharmacy depot if the
person owns or controls the management or
operation of the pharmacy business, pharmacy
department or pharmacy depot.
__________________
8
Pharmacy Practice Act 2004
Act No. 80/2004
Part 2—Registration
PART 2—REGISTRATION
Division 1—Requirements for Registration
4. Application for registration
(1) An application for registration as a pharmacist
may be made to the Board.
(2) An application must—
(a) be in writing; and
(b) be accompanied by the fee fixed by the
Board; and
(c) be accompanied by the information referred
to in section 24; and
(d) be accompanied by evidence of the
qualifications and supervised training which
the applicant claims entitle him or her to the
type of registration applied for; and
(e) contain any particulars that are prescribed.
(3) The Board—
(a) may require the applicant to provide further
information or material in respect of the
application; and
(b) may require that the information in the
application be verified by a declaration under
section 107 of the Evidence Act 1958; and
(c) may require proof of identity of the person
making the application; and
9
s. 4
Pharmacy Practice Act 2004
Act No. 80/2004
s. 5
Part 2—Registration
(d) may require the applicant to provide
evidence that the applicant will, at the time
of commencing to practise as a pharmacist,
be covered by professional indemnity
insurance that meets the minimum terms and
conditions set out in the guidelines of the
Board; and
(e) may require the applicant to provide—
(i) an address from which the person will
practise as a pharmacist to be published
in the Register; and
(ii) a postal address where the person can
be contacted by mail.
5. Qualifications for general registration
A person is qualified for general registration as a
pharmacist if the person has successfully
completed—
(a) a course of study in pharmacy practice
approved by the Board or a course of study
that, in the opinion of the Board, is
substantially equivalent, or is based on
similar competencies, to a course of study in
pharmacy practice approved by the Board;
and
(b) a period of supervised training in pharmacy
practice approved by the Board or a period
of supervised training that, in the opinion of
the Board, is substantially equivalent, or is
based on similar competencies, to a period of
supervised training in pharmacy practice
approved by the Board; and
(c) an examination set by the Board or a person
or body nominated by the Board for the
purpose of qualifying persons for registration
as pharmacists.
10
Pharmacy Practice Act 2004
Act No. 80/2004
Part 2—Registration
6. General registration
(1) The Board must grant general registration as a
pharmacist to an applicant, if—
(a) the applicant is qualified for registration
under section 5; and
(b) there are no grounds under sub-section (2)
under which the Board may refuse to grant
registration to the applicant; and
(c) the circumstances are such that sections 7
and 8 do not apply; and
(d) the applicant has paid the fee determined by
the Board under section 4(2)(b).
(2) The Board may refuse to grant registration to an
applicant on any one or more of the following
grounds—
(a) that the character of the applicant is such that
it would not be in the public interest to allow
the applicant to practise as a pharmacist;
(b) that the applicant is unfit to practise as a
pharmacist because he or she is an alcoholic
or drug-dependent person which impairs his
or her ability to practise as a pharmacist;
(c) that the applicant has been found guilty of an
offence where the ability of the applicant to
practise as a pharmacist is likely to be
affected because of the finding of guilt or
where it is not in the public interest to allow
the applicant to practise because of the
finding of guilt;
(d) that the applicant has previously been
registered under this Act or any
corresponding previous enactment and
during the course of that registration has had
proceedings under Part 4 of this Act or
similar proceedings under the previous
11
s. 6
Pharmacy Practice Act 2004
Act No. 80/2004
s. 6
Part 2—Registration
enactment brought against him or her and
those proceedings have never been finalised;
(e) that, in the opinion of the Board, the
applicant is unfit to be registered because he
or she has a physical or mental impairment
which impairs his or her ability to practise as
a pharmacist;
(f) that the applicant's competency in speaking
or communicating in English is not sufficient
for that person to practise as a pharmacist;
(g) that the applicant has previously held a right
to practise as a pharmacist outside Victoria,
being the equivalent of registration as a
pharmacist under this Act, and that right has
been cancelled or suspended and not restored
because of conduct which, if committed
within Victoria would entitle the Board to
suspend or cancel the registration;
(h) that, in the opinion of the Board, the
pharmacist does not have adequate
arrangements for professional indemnity
insurance that meet the minimum terms and
conditions set out in the guidelines of the
Board;
(i) that the applicant is disqualified from
applying for registration under this Act.
(3) A grant of registration under this section is subject
to any conditions that the Board thinks fit.
(4) Without limiting the Board's powers under subsection (3), it may impose a condition—
(a) that—
(i) the pharmacist must hold professional
indemnity insurance; or
12
Pharmacy Practice Act 2004
Act No. 80/2004
Part 2—Registration
(ii) the pharmacy services provided by the
pharmacist must be covered by
professional indemnity insurance; or
(iii) the pharmacist must be specified or
referred to in professional indemnity
insurance, whether by name or
otherwise, as a person to whom the
professional indemnity insurance
extends even though the pharmacist is
not a party to the professional
indemnity insurance; and
(b) that the professional indemnity insurance
must meet the minimum terms and
conditions set out in the guidelines of the
Board.
(5) If the applicant's arrangements satisfy the
minimum terms and conditions set out in the
guidelines of the Board, the Board must not—
(a) refuse to grant registration on the basis that
the pharmacist's arrangements for
professional indemnity insurance are in the
form of insurance or a discretionary
indemnity; or
(b) impose a condition on the registration of a
pharmacist to require that the pharmacist's
arrangements for professional indemnity
insurance must be in the form of insurance or
a discretionary indemnity.
(6) The Board may, upon application by the
registered pharmacist or with the agreement of the
registered pharmacist, amend, vary or revoke any
condition imposed under sub-section (3) or (4).
13
s. 6
Pharmacy Practice Act 2004
Act No. 80/2004
s. 7
Part 2—Registration
7. Specific registration
(1) The Board may grant specific registration as a
pharmacist to an applicant who has completed a
course of study and supervised training in
pharmacy practice that does not qualify that
applicant for general registration—
(a) to enable that applicant to fill a teaching or
research position in pharmacy practice
approved by the Board;
(b) to enable an applicant from another country
to practise as a pharmacist in Victoria if that
applicant, with the prior permission of the
Board—
(i) has exchanged practice with a
registered pharmacist for a limited
period; or
(ii) has been engaged to provide locum
pharmacy services for a registered
pharmacist in Victoria;
(c) if the Board is satisfied that, in order to meet
an identified need for a pharmacist, it is
necessary for a person having qualifications
and training in the nature of the applicant's to
practise as a pharmacist in Victoria;
(d) if the Board is satisfied that it is in the public
interest for a person having qualifications
and training in the nature of the applicant's to
practise as a pharmacist in Victoria for a
limited period.
(2) The Board may refuse to grant specific
registration to an applicant if—
(a) any of the grounds for refusal set out in
section 6(2) apply to the applicant; or
14
Pharmacy Practice Act 2004
Act No. 80/2004
Part 2—Registration
(b) having regard to the qualifications and
training of the applicant, it is not in the
public interest to register the applicant to
practise as a pharmacist.
(3) A grant of specific registration continues in force
for the period specified by the Board not
exceeding 12 months.
(4) A grant of specific registration is subject to any
condition that the Board thinks fit.
(5) Without limiting the Board's powers under subsection (4) it may impose a condition—
(a) that—
(i) the pharmacist must hold professional
indemnity insurance; or
(ii) the pharmacy services provided by the
pharmacist must be covered by
professional indemnity insurance; or
(iii) the pharmacist must be specified or
referred to in professional indemnity
insurance, whether by name or
otherwise, as a person to whom the
professional indemnity insurance
extends even though the pharmacist is
not a party to the professional
indemnity insurance; and
(b) that the professional indemnity insurance
must meet the minimum terms and
conditions set out in the guidelines of the
Board.
(6) If the applicant's arrangements satisfy the
minimum terms and conditions set out in the
guidelines of the Board, the Board must not—
(a) refuse to grant registration on the basis that
the pharmacist's arrangements for
professional indemnity insurance are in the
15
s. 7
Pharmacy Practice Act 2004
Act No. 80/2004
s. 8
Part 2—Registration
form of insurance or a discretionary
indemnity; or
(b) impose a condition on the registration of the
pharmacist to require that the pharmacist's
arrangements for professional indemnity
insurance must be in the form of insurance or
a discretionary indemnity.
(7) The Board may, upon application by the
registered pharmacist or with the agreement of the
registered pharmacist, amend, vary or revoke any
condition imposed under sub-section (4) or (5).
8. Registration as a pharmacy student
(1) The Board may grant or refuse to grant
registration or renewal of registration as a
pharmacy student to a person to enable that
person—
(a) to undertake or complete any period of
supervised training as part of a course of
study required under section 5(a); or
(b) to undertake or complete any period of
supervised training required under
section 5(b); or
(c) to undertake or complete a period of training
under the supervision of a registered
pharmacist required by the Board under
section 17; or
(d) to undertake or complete a course of study in
pharmacy practice required by the Board
under section 17; or
(e) to undertake or complete units of a course of
study in pharmacy practice required by the
Board under section 17.
(2) A person may apply in writing to the Board for
registration or renewal of registration as a
pharmacy student.
16
Pharmacy Practice Act 2004
Act No. 80/2004
Part 2—Registration
(3) The Board may require an applicant for
registration or renewal of registration as a
pharmacy student to provide information or
material in respect of the application.
(4) The registration of a person as a pharmacy student
granted or renewed under this section—
(a) continues in force for the period specified by
the Board not exceeding 12 months; and
(b) is subject to any condition imposed by the
Board.
(5) The Board may, upon application by a registered
pharmacy student or with the agreement of the
registered pharmacy student, amend, vary or
revoke any condition on the registration of the
pharmacy student.
(6) The Board must not impose a condition on the
registration of a pharmacy student relating to
professional indemnity insurance.
(7) No fee is payable for registration or renewal of
registration of a pharmacy student.
9. Interim registration
(1) An applicant for registration may be granted
interim registration—
(a) if the person is entitled to registration under
section 6 but it is not practicable to wait until
the Board can consider the application; or
(b) if the person would be entitled to registration
as a pharmacy student under section 8(1)(b)
except that the applicant has not received
documentary evidence of the qualification
relating to the course of study referred to in
section 5(a).
17
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s. 9
Part 2—Registration
(2) The Registrar or a person authorised by the Board
for the purposes of this section may grant interim
registration to an applicant for registration in
accordance with this section.
(3) Interim registration may be granted subject to any
condition imposed by the Registrar or a person
authorised by the Board for the purposes of this
section.
(4) A person's interim registration is in force from the
date it is granted under sub-section (1) until the
person is given notice that—
(a) the Board has granted the person registration
under section 6 or 8; or
(b) the Board has refused to grant the person
registration under section 6 or 8; or
(c) the Board has cancelled the interim
registration.
(5) The Board may cancel a person's interim
registration if the Board is of the opinion that the
person is no longer entitled to registration under
this Part and must then immediately give the
person notice of the cancellation.
(6) A person who holds interim registration is for all
purposes taken to be a registered pharmacist or a
registered pharmacy student as the case requires.
(7) The date on which a person is registered is (if the
person was the holder of interim registration
immediately before the person is registered), to be
taken to be the date on which interim registration
was granted.
(8) Interim registration granted under this section by
the Registrar or a person authorised by the Board
is taken to have been granted by the Board.
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Part 2—Registration
10. Non-practising registration
(1) A person who is entitled to or eligible for
registration under section 6 but who does not
intend to practise as a pharmacist may apply to be
registered as a non-practising pharmacist.
(2) The Board may register a person as a nonpractising pharmacist subject to the condition that
the person is not to practise as a pharmacist during
the period of registration and any other conditions
imposed by the Board.
(3) The Board must not impose a condition on the
registration of a non-practising pharmacist under
this section relating to professional indemnity
insurance.
11. Endorsement
(1) The Board may endorse the registration of a
pharmacist to the effect that the pharmacist is
qualified to be exempt with respect to providing
Chinese herbal dispensing services from section
61(1)(c) and (d) and (4) of the Chinese Medicine
Registration Act 2000 if the Board is satisfied
that the pharmacist has satisfactorily completed—
(a) a course of study or training in Chinese
herbal dispensing which, in the opinion of
the Board, qualifies the pharmacist to
practise as a Chinese herbal dispenser; and
(b) any examination set by or on behalf of the
Board to determine whether the pharmacist
is competent to provide Chinese herbal
dispensing services.
(2) The Board may endorse the registration of a
pharmacist to the effect that he or she is qualified
to obtain and have in his or her possession and to
use, sell or supply but not to prescribe Schedule 1
poisons within the meaning of the Drugs, Poisons
and Controlled Substances Act 1981, subject to
19
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Pharmacy Practice Act 2004
Act No. 80/2004
s. 11
Part 2—Registration
that Act and the regulations made under that Act if
the Board is satisfied that the pharmacist has
satisfactorily completed—
(a) a course of study or training which, in the
opinion of the Board, qualifies the
pharmacist to obtain and have in his or her
possession and to use, sell or supply those
poisons; and
(b) any examination set by or on behalf of the
Board to determine whether the pharmacist
is competent to obtain and have in his or her
possession and to use, sell or supply those
poisons.
(3) The Board may impose any condition on an
endorsement under this section including a
condition on an endorsement under sub-section
(2) relating to the form or state of the Schedule 1
poison or whether the poison is manufactured or
packaged or not.
(4) An applicant for registration or renewal of
registration under section 6 or a person registered
under section 6 may apply to the Board for an
endorsement under this section.
(5) An application must be—
(a) in writing in the form approved by the Board
and accompanied by evidence of the
qualifications or training which the applicant
claims qualify him or her for the
endorsement applied for; and
(b) accompanied by the fee determined by the
Board.
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Act No. 80/2004
Part 2—Registration
(6) The Board may require—
(a) the applicant to provide further information
or material in respect of the application; and
(b) that the information in the application be
verified by a declaration under section 107 of
the Evidence Act 1958.
(7) The endorsement of the registration of the
pharmacist continues in force for the period that
the registration is in force.
(8) The Board must notify the Chinese Medicine
Registration Board, within 30 days after endorsing
the registration of a pharmacist or cancelling the
endorsement of registration of a pharmacist, of—
(a) the name and address of the pharmacist;
(b) details of the endorsement of registration;
(c) the date of the endorsement of the
registration;
(d) any condition imposed on the endorsement
of the registration;
(e) the cancellation of the endorsement of
registration.
12. Post-graduate qualifications
(1) The Board, from time to time, may recognise any
post-graduate qualification that the Board
considers to be relevant to the provision of
pharmacy services in addition to those required
for registration.
(2) An applicant for registration or a registered person
may apply to the Board to have particulars of a
post-graduate qualification that is recognised by
the Board at the time of application noted on the
Register against the name of that pharmacist.
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Act No. 80/2004
s. 13
Part 2—Registration
(3) An application must be in writing and be
accompanied by the fee for the application fixed
by the Board together with evidence of the postgraduate qualifications that the applicant wants to
have noted on the Register in addition to those
approved for registration purposes.
(4) The Board must publish a list of the post-graduate
qualifications that are currently recognised under
this section.
(5) The Board must—
(a) publish the list at least once a year in a
publication circulating among registered
pharmacists generally; and
(b) make the list available for inspection during
normal business hours at the office of the
Board without charge.
13. Entitlement of applicant to make submissions
If the Board is proposing to refuse an application
for registration or renewal of registration or for
endorsement of registration or renewal of
endorsement or to impose conditions on the
registration or endorsement of registration of an
applicant, the Board must not do so until—
(a) it has given the applicant notice of the
proposal; and
(b) it has given the applicant an opportunity to
make submissions to the Board about the
proposal.
14. Notification of outcome of application
(1) The Board must notify the applicant of its
decision within 28 days after determining an
application for registration or renewal of
registration or for endorsement of registration or
renewal of endorsement under this Part.
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Part 2—Registration
(2) A notice under sub-section (1) must include the
following information—
(a) if the registration has been granted or
renewed—
(i) the type of registration granted or
renewed; and
(ii) whether or not any condition has been
imposed on the registration and, if so,
the reasons for imposing the condition;
and
(iii) a statement that the applicant has a
right to obtain a review of the decision
for imposing the condition; or
(b) if the registration has not been granted or
renewed—
(i) the reasons why it has not been granted
or renewed; and
(ii) a statement that the applicant has a
right to obtain a review of the decision
not to grant or renew the registration; or
(c) if the registration has been endorsed or the
endorsement renewed—
(i) details of the endorsement; and
(ii) whether or not any condition has been
imposed on the endorsement and, if so,
the reasons for imposing the condition;
and
(iii) a statement that the applicant has a
right to obtain a review of the decision
to impose the condition on the
endorsement; or
23
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Pharmacy Practice Act 2004
Act No. 80/2004
s. 15
Part 2—Registration
(d) if the endorsement or renewal of
endorsement of registration has been
refused—
(i) the reasons why it has been refused;
and
(ii) a statement that the applicant has a
right to obtain a review of the decision
to refuse to endorse or renew the
endorsement of the registration.
15. Duration and renewal of registration
The registration or renewal of registration of a
pharmacist continues in force until a date
determined by the Board that must not be more
than 12 months after the grant or renewal of the
registration.
16. Renewal of registration
(1) An application for renewal of registration as a
pharmacist must be—
(a) made to the Board before the existing
registration expires; and
(b) accompanied by the information referred to
in section 24; and
(c) accompanied by the fee (if any) determined
by the Board.
(2) If an application for renewal relates to a
registration that is endorsed under section 11, the
applicant may include an application to have the
endorsement of registration renewed for the
period of registration.
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Act No. 80/2004
Part 2—Registration
(3) The Board may require an applicant to—
(a) provide evidence that the applicant will be
covered by professional indemnity insurance
that meets the minimum terms and
conditions set out in the guidelines of the
Board;
(b) provide information about—
(i) the main types of pharmacy services
that the applicant has been providing
during the existing registration period;
(ii) any continuing professional
development undertaken during the
existing registration period;
(iii) whether or not the applicant intends to
practise as a pharmacist during the
period for which the registration is to
be renewed;
(iv) if the applicant intends to practise as a
pharmacist during that period, the main
types of pharmacy services that the
applicant intends to provide during that
period;
(c) provide—
(i) an address from which the pharmacist
will practise as a pharmacist and which
will be published in the register; and
(ii) a postal address where the pharmacist
can be contacted by mail.
(4) An applicant for renewal of registration—
(a) as a pharmacist under section 6 or 7 who has
not provided pharmacy services for a period
of more than 2 years before the application
for renewal; or
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Pharmacy Practice Act 2004
Act No. 80/2004
s. 16
Part 2—Registration
(b) who intends to change the type of pharmacy
services they provide during the period of
registration—
must provide details of the person's training or
proposed training to ensure they are competent to
provide those pharmacy services during the period
of registration.
(5) A person may not apply for renewal of interim
registration.
(6) If a person does not apply for renewal of
registration before the end of the existing
registration period, the Board may renew that
person's registration if application is made within
3 months after the end of the registration period
and if the applicant pays an additional renewal fee
determined by the Board which must not be more
than 50% of the original fee.
(7) For a period of 3 months after a person's
registration has expired without being renewed
that person is to be deemed to be registered, and
if, at the end of that period, that person has not
renewed his or her registration, the Board must
remove that person's name from the Register.
(8) The Board may refuse to renew the registration of
an applicant on any ground on which the Board
might refuse to grant the registration.
(9) If an application for renewal relates to a
registration that is endorsed under section 11, the
Board may refuse to renew the endorsement of
registration of the applicant if the Board is
satisfied that the applicant is not, at the time of
renewal, qualified in accordance with section 11.
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Act No. 80/2004
Part 2—Registration
17. Retraining after periods out of practice
The Board may require an applicant for renewal
of registration referred to in section 16(4)(a) or (b)
to successfully complete all or any of the
following before renewing the registration of the
pharmacist—
(a) a period of training under the supervision of
a registered pharmacist approved by the
Board;
(b) a course of study in pharmacy practice
approved by the Board;
(c) units of a course of study in pharmacy
practice approved by the Board;
(d) an examination set by or on behalf of the
Board.
18. Effect of suspension of registration
For the purposes of this Act, a pharmacist or
pharmacy student whose registration is suspended
is deemed to be not registered for the period of
that suspension.
19. Registration obtained by fraud
(1) The Board must conduct a hearing into the matter
if the Board believes that—
(a) the registration or endorsement of
registration of a pharmacist has been
obtained by fraud or misrepresentation; or
(b) the registration of a pharmacy student has
been obtained by fraud or misrepresentation;
or
(c) the qualifications upon which the pharmacist
relied for registration or endorsement of
registration have been withdrawn; or
27
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Pharmacy Practice Act 2004
Act No. 80/2004
Part 2—Registration
s. 20
(d) the qualifications upon which the pharmacy
student relied for registration have been
withdrawn.
(2) The Board must give notice of the time and place
of the hearing to the pharmacist or pharmacy
student.
(3) The provisions applying to the conduct of a
formal hearing under Part 4 apply to a hearing
under this section as if the hearing under this
section were a formal hearing.
(4) If, at the end of the hearing, the Board determines
that the registration of the pharmacist or pharmacy
student has been obtained by fraud or
misrepresentation or that the qualifications upon
which the pharmacist or pharmacy student has
relied for registration have been withdrawn, the
Board must cancel the registration of the
pharmacist or pharmacy student.
(5) If, at the end of the hearing, the Board determines
that the endorsement of registration of the
pharmacist has been obtained by fraud or
misrepresentation or that the qualifications upon
which the pharmacist has relied for endorsement
of registration have been withdrawn, the Board
must cancel the endorsement of registration of the
pharmacist and may also, if appropriate, cancel
the registration of the pharmacist.
Division 2—Other requirements
20. The Register
(1) The Board must keep a register of all pharmacists
to whom the Board has granted registration under
this Act.
(2) The register is to be called the Register of
Pharmacists.
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Act No. 80/2004
Part 2—Registration
(3) The following particulars must be included on the
Register against the name of the pharmacist to
whom they apply—
(a) the registration number;
(b) a description of the registration granted;
(c) the academic qualification and training in
pharmacy practice required for registration
including the name of the person or body
that awarded the qualification or provided
the training and the year the qualification
was awarded;
(d) the year the pharmacist was first registered
under this Act;
(e) any current endorsement referred to in
section 11;
(f) any current condition imposed on the
registration or endorsement of registration;
(g) an address from which the pharmacist
provides pharmacy services;
(h) any current suspension of the registration;
(i) any post-graduate qualification to be noted
on the Register under section 12.
(4) Despite sub-section (3)(f), the Board may omit
from the Register details of any condition imposed
on the registration of a pharmacist as the result of
an investigation into the ill health or impairment
of the pharmacist if the Board is satisfied that the
condition does not directly affect the pharmacy
services provided by the pharmacist.
(5) The Board may publish the Register on a website
maintained by or in the name of the Board on the
Internet.
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Pharmacy Practice Act 2004
Act No. 80/2004
Part 2—Registration
s. 21
(6) The Register may be inspected at the office of the
Board by any person during ordinary office hours
without charge.
(7) A person may obtain a copy of or an extract from
the Register on payment of the fee determined by
the Board.
(8) A pharmacist's private address must not appear on
that part of the Register which is published or
open to the public for inspection, unless—
(a) the private address is also the address
nominated by the pharmacist as the place
from which the pharmacist provides
pharmacy services; or
(b) the pharmacist so authorises.
21. Certificates
(1) Upon—
(a) granting registration to a person under this
Part; or
(b) endorsing the registration of a pharmacist
under this Part; or
(c) renewing the registration of a person under
this Part—
the Board must issue a certificate of registration to
that person.
(2) The following particulars must be included on a
certificate of registration—
(a) the type of registration granted;
(b) any current endorsement referred to in
section 11;
(c) any condition imposed on the registration or
endorsement of registration;
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Act No. 80/2004
Part 2—Registration
(d) any post-graduate qualification noted on the
person's registration under section 12;
(e) any prescribed information.
(3) If the registration of a pharmacist or pharmacy
student has been suspended or cancelled, the
pharmacist or pharmacy student must return his or
her current certificate of registration to the Board
within 14 days after being requested to do so by
the Board.
Penalty: 10 penalty units.
(4) If the endorsement of a pharmacist's registration
has been cancelled, the pharmacist must return his
or her current certificate of registration to the
Board within 14 days after being requested to do
so by the Board.
Penalty: 10 penalty units.
(5) If the Board notifies a pharmacist or pharmacy
student of any condition it has imposed on the
registration or endorsement of registration of the
pharmacist or the registration of the pharmacy
student, the pharmacist or pharmacy student must
return the current certificate of registration to the
Board within 14 days after the notification.
Penalty: 10 penalty units.
22. Use of certificate as evidence
A certificate purporting to be signed by the
President or any two members of the Board
certifying—
(a) any matter relating to the contents of the
Register as at that date; or
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Pharmacy Practice Act 2004
Act No. 80/2004
s. 23
Part 2—Registration
(b) that any disciplinary or other action is or is
not or was or was not, at any specified date,
being taken against a pharmacist or
pharmacy student registered under this Act—
is evidence, and, in the absence of evidence to the
contrary, is proof of the matters stated in it.
23. Requirement to notify the Board of changes of
address
(1) A registered pharmacist who changes his or her
postal address or the address recorded on the
Register of Pharmacists from which the
pharmacist provides pharmacy services must
notify the Board of the change within 14 days
after that change.
Penalty: 10 penalty units.
(2) A registered pharmacy student who changes his or
her postal address must notify the Board of the
change within 14 days after that change.
Penalty: 10 penalty units.
24. Provision of information
(1) If a person has claimed damages or other
compensation from a registered pharmacist for
alleged negligence in the course of providing
pharmacy services, the pharmacist must provide
the Board with information about the amount of
damages or other compensation the pharmacist is
ordered by a court to pay within 30 days after the
order is made.
Penalty: 25 penalty units.
(2) Sub-section (1) does not apply if—
(a) the amount is less than the amount fixed by
the Board for the purposes of this section; or
(b) the court orders that the terms of the order
should not be disclosed.
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Part 2—Registration
(3) If a registered pharmacist or a registered
pharmacy student has in respect of an indictable
offence—
(a) been committed for trial; or
(b) been convicted or found guilty of the
offence—
he or she must notify the Board within 30 days
after that committal for trial, conviction or finding
of guilt.
Penalty: 25 penalty units.
(4) A registered pharmacist (other than a nonpractising pharmacist) who has not provided
pharmacy services for a period of more than
2 years or who intends to change the type of
pharmacy services they provide during the period
of registration must, as soon as is practicable—
(a) notify the Board; and
(b) provide details of the person's training or
proposed training to ensure they are
competent to provide those pharmacy
services during the period of registration.
Penalty: 25 penalty units.
(5) An applicant for registration or renewal of
registration as a pharmacist or pharmacy student
must ensure that details of any of the matters
required to be notified by sub-section (1), (3)
or (4) are set out in the application.
(6) The Board, by notice published in the
Government Gazette, may fix an amount of
damages or compensation referred to in this
section.
__________________
33
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Pharmacy Practice Act 2004
Act No. 80/2004
s. 25
Part 3—Pharmacies, Pharmacy Departments and Pharmacy Depots
PART 3—PHARMACIES, PHARMACY DEPARTMENTS AND
PHARMACY DEPOTS
Division 1—Ownership and Operation
25. Ownership of pharmacy businesses
(1) A person must not own or have a proprietary
interest in a pharmacy business unless the person
is—
(a) a registered pharmacist;
(b) a company registered under the Corporations
Act—
(i) whose directors are all registered
pharmacists; and
(ii) in which all the shares and the
beneficial and legal interest in those
shares are held by registered
pharmacists;
(c) a company registered under the Corporations
Act that—
(i) immediately before 1 July 1999 was
registered or incorporated as a friendly
society under a Friendly Societies Code
of a State or Territory that was in force
at that time; and
(ii) is a company limited by guarantee or
shares or by guarantee and shares; and
(iii) has at least 100 members; and
(iv) whose members have equal voting
rights on a poll or at a meeting or equal
voting rights to elect a representative to
vote on their behalf; and
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Part 3—Pharmacies, Pharmacy Departments and Pharmacy Depots
(v) whose objects include the provision of
health or welfare facilities or services
for its members or their dependants;
and
(vi) whose undistributed surplus if the
company were wound up is to be
distributed among its members at the
time of winding up or transferred to
another person or body with a similar
structure and objects; and
(vii) satisfies the Board that—
(A) the company is not carrying on
business for the dominant purpose
of securing a profit or pecuniary
gain for its members; and
(B) any object or intention of the
company to provide a dividend to
its shareholders or members is a
limited and not dominant purpose
of the company; and
(C) the property and income of the
company is applied towards the
objects of the company;
(d) a company registered under the Corporations
Act that is a wholly owned subsidiary of a
company referred to in paragraph (c);
(e) a company registered under the Corporations
Act that—
(i) satisfies the requirements of
paragraph (c)(ii) to (vii); and
(ii) is an amalgamation of 2 or more
companies that comply with
paragraph (c);
35
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Act No. 80/2004
s. 25
Part 3—Pharmacies, Pharmacy Departments and Pharmacy Depots
(f) a person approved by the Board to carry on a
pharmacy business in an area that the Board
determines needs a pharmacy business but in
which there is no person referred to in
paragraphs (a) to (e) who is able to own and
carry on the pharmacy business.
Penalty: 240 penalty units in the case of a
natural person and 600 penalty units in
the case of a body corporate.
(2) A registered pharmacist and a company referred to
in sub-section (1)(b) must not own or have a
proprietary interest in more than 5 separate
pharmacy businesses.
(3) A person is not to be treated as having a
proprietary interest in a company referred to in
sub-section (1)(c), (d) or (e) in respect of an
interest as a director, member or shareholder of
that company.
(4) Nothing in this section applies to a person who—
(a) is the executor, administrator or trustee of
the estate of a pharmacist who has died and
who carried on a pharmacy business at the
time of his or her death; or
(b) is appointed or authorised under the laws of
bankruptcy to administer the property of a
pharmacist who carried on a pharmacy
business and is bankrupt; or
(c) assumes the administration of the property of
a person under a mortgage, bill of sale or
security interest of that person's pharmacy
business—
to continue to carry on the pharmacy business for
a period of 6 months or for any further period
permitted by the Board if the pharmacy services
of the business are provided by a registered
pharmacist in accordance with this Part.
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Part 3—Pharmacies, Pharmacy Departments and Pharmacy Depots
(5) Nothing in sub-section (1) or (2) applies to an
interest created when a person referred to in
section 25(1)(a) to (f) gives a mortgage, bill of
sale or security interest in respect of the person's
pharmacy business if the mortgage, bill of sale or
document creating the security interest does not
contravene section 92.
(6) A company referred to in sub-section (1)(c), (d)
or (e) must notify the Board within 30 days after a
notice is lodged with, or an application is made to,
the Australian Securities and Investments
Commission under Part 5 of Schedule 4 to the
Corporations Act about—
(a) the company; or
(b) a company referred to in paragraph (d) of
which it is a wholly owned subsidiary.
(7) The Board may require a person referred to in
sub-section (1) to give the Board any information
or produce any documents relating to the person's
ownership or proprietary interest in a pharmacy
business.
(8) A person must not fail or refuse to give the Board
any information required under sub-section (6) or
(7) or fail or refuse to produce any documents
required under sub-section (7) or wilfully mislead
the Board when giving the information.
Penalty: 60 penalty units in the case of a natural
person and 120 penalty units in the case
of a body corporate.
(9) Each pharmacy business carried on at separate
premises including a pharmacy business carried
on by the same person or under the same name as
another pharmacy business is to be treated as a
separate pharmacy business for the purposes of
this Act.
37
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Act No. 80/2004
s. 26
Part 3—Pharmacies, Pharmacy Departments and Pharmacy Depots
(10) Any information or documents given to the Board
under sub-section (7) are not admissible in any
proceedings except proceedings under this section
in relation to the person who provided the
information or produced the documents.
26. Establishment of pharmacy businesses and
pharmacy departments
(1) A person must not establish or carry on a
pharmacy business or pharmacy department
unless—
(a) in the case of a pharmacy business, the
person satisfies the requirements of
section 25(1) and (2); and
(b) in the case of a pharmacy department, the
person is a registered funded agency, private
hospital or privately-operated hospital within
the meaning of the Health Services Act
1988 that is acting in accordance with the
provisions of the Health Services Act 1988;
and
(c) the Board approves the premises of the
pharmacy business or pharmacy department;
and
(d) the Board approves the carrying on of a
pharmacy business or a pharmacy
department from the premises.
Penalty: 240 penalty units in the case of a
natural person and 600 penalty units in
the case of a body corporate.
(2) Nothing in this section applies to a person referred
to in section 25(4) who is carrying on a pharmacy
business in accordance with that sub-section.
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Act No. 80/2004
Part 3—Pharmacies, Pharmacy Departments and Pharmacy Depots
27. Approval of pharmacies, pharmacy businesses or
pharmacy departments
(1) The Board may approve the premises of a
pharmacy business or pharmacy department if the
Board is satisfied that the premises—
(a) are suitable for the provision of pharmacy
services; and
(b) without limiting paragraph (a), comply with
the requirements in Schedule 1 that relate to
premises and any other requirements that are
prescribed.
(2) The Board may approve a person referred to in
section 25(1) to carry on a pharmacy business or a
person referred to in section 26(1)(b) to carry on a
pharmacy department at premises if the Board is
satisfied that the facilities, equipment, security,
management and operation of the pharmacy
business or pharmacy department at the premises
comply with—
(a) good pharmacy practice; and
(b) without limiting paragraph (a), the relevant
requirements in Schedule 1 and any other
requirements that are prescribed.
(3) The Board may also have regard to the following
matters in determining whether or not to grant
approval to carry on a pharmacy business—
(a) the applicant's compliance with this Act, the
regulations and any guidelines issued by the
Board;
(b) the commitment of the applicant to utilising
quality improvement programs that promote
quality and safety in the dispensing and use
of medicines;
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Part 3—Pharmacies, Pharmacy Departments and Pharmacy Depots
(c) the applicant's participation in public health
programs relevant to the provision of
pharmacy services;
(d) the applicant's provision of affordable
pharmacy services to disadvantaged groups.
(4) The Board must not approve a registered funded
agency to carry on a pharmacy department unless
the Board has consulted with the Secretary.
(5) The Board may refuse to approve the use of any
premises as a pharmacy or pharmacy department
if the premises are freely accessible to persons
from other premises where a business or activity
other than that of providing pharmacy services is
carried out.
(6) A person approved by the Board under this
section must not authorise, cause or permit any
other person to carry on in the premises approved
under sub-section (1) any business or activity
unless that business or activity is approved by the
Board and specified in the approval.
(7) The Board may impose any condition it thinks
appropriate on the approval of premises or a
pharmacy business or pharmacy department.
(8) The Board must not refuse to approve the
premises of a pharmacy business on the ground
that the Board itself disapproves of the
geographical location of those premises.
28. Establishment and operation of pharmacy depots
(1) A person approved to carry on a pharmacy
business or pharmacy department under section 26
may, with the written approval of the Board,
establish a pharmacy depot at which—
(a) written prescriptions for the supplying,
compounding or dispensing of medicines
may be left for a registered pharmacist;
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(b) medicines supplied, compounded or
dispensed by a registered pharmacist may be
left for collection by or on behalf of the
person to whom they are addressed.
(2) The Board may approve a pharmacy depot if
satisfied that—
(a) the premises of the pharmacy depot provide
secure storage for the prescriptions and
medicines referred to in sub-section (1); and
(b) the applicant will have suitable arrangements
at the depot to ensure that—
(i) client records are kept confidential and
secure; and
(ii) conversations at the depot can be
conducted between a registered
pharmacist and the person to whom the
medicines are dispensed; and
(iii) those conversations are able to be
conducted in confidence; and
(c) the person who will operate the pharmacy
depot will be at least 18 years of age.
29. Notifications about pharmacy businesses and
pharmacy departments
(1) If—
(a) a person intends to establish or carry on a
pharmacy business; or
(b) a person approved to carry on a pharmacy
business intends to—
(i) cease carrying on the pharmacy
business; or
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(ii) change the address of the premises of
the pharmacy business—
the person must notify the Board as soon as is
practicable.
Penalty: 10 penalty units.
(2) If a pharmacy department is to cease operation,
the person approved to carry on the pharmacy
department must notify the Board within 14 days
before the pharmacy department is closed.
Penalty: 10 penalty units.
Division 2—Pharmacists' Responsibilities
30. Notification by pharmacists
(1) A registered pharmacist must, within 14 days after
the pharmacist commences to supply, compound
or dispense medicines from a pharmacy or
pharmacy department, notify the Board of the
address of the pharmacy or pharmacy department.
Penalty: 10 penalty units.
(2) Sub-section (1) does not apply to a person who
has agreed in writing with the Board to notify the
Board in the circumstances agreed with the Board.
31. Controls over the supply, compounding or
dispensing of medicines
(1) A registered pharmacist must not supply,
compound or dispense medicines except—
(a) from a pharmacy or pharmacy department
that is approved by the Board; or
(b) in any other special circumstances that are
approved by the Board in a particular case.
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(2) A registered pharmacist providing pharmacy
services from a pharmacy or a pharmacy
department approved by the Board must not
permit any person to supply, compound or
dispense medicines except when the person is
doing so under the supervision of the registered
pharmacist.
32. Personal supervision of pharmacy or pharmacy
department
(1) A pharmacy or a pharmacy department must be
personally supervised by a registered pharmacist
at all times it is open for business.
(2) If pharmacy services are being provided at a
pharmacy or pharmacy department that is not
personally supervised by a registered
pharmacist—
(a) in the case of a pharmacy, the person
approved to carry on the pharmacy business
of that pharmacy; and
(b) in the case of a pharmacy department, the
person approved to carry on the pharmacy
department; and
(c) the registered pharmacist who is regularly
and usually in charge of the pharmacy or
pharmacy department; and
(d) the registered pharmacist (if he or she is not
the pharmacist referred to in paragraph (c))
who had in respect of that period of time
been placed in charge of and had undertaken
to personally supervise the pharmacy or
pharmacy department—
are severally guilty of an offence and liable to a
penalty not exceeding 25 penalty units.
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Part 3—Pharmacies, Pharmacy Departments and Pharmacy Depots
(3) It is a defence in a prosecution for a contravention
of this section if the defendant establishes that—
(a) he or she did not know and could not
reasonably have known that at the relevant
period of time the pharmacy or the pharmacy
department was being used to provide
pharmacy services and was not being
personally supervised by a registered
pharmacist; and
(b) he or she had reason to believe that at that
period of time the pharmacy or the pharmacy
department would be personally supervised
by a registered pharmacist.
(4) In this section "personally supervised by a
registered pharmacist" means personally
supervised by a registered pharmacist who is
present at the pharmacy or the pharmacy
department.
33. Access to closed pharmacies and pharmacy
departments
(1) The registered pharmacist who is regularly and
usually in charge of a pharmacy and the person
approved to carry on the pharmacy business must
not allow a person to have access to that pharmacy
when it is not open for business unless a registered
pharmacist is present.
Penalty: 25 penalty units.
(2) The registered pharmacist who is regularly and
usually in charge of a pharmacy department and
the person approved to carry on the pharmacy
department must not allow a person to have access
to that pharmacy department when it is not open
for providing pharmacy services unless a
registered pharmacist is present.
Penalty: 25 penalty units.
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Division 3—Other Requirements
34. Dispensing and recording of prescriptions
(1) A registered pharmacist must take reasonable
steps to ensure that the dispensing of a medicine
in accordance with a prescription or order is
consistent with the safety of the person named in
that prescription or order.
(2) A registered pharmacist must keep a record of
every prescription supplied, compounded or
dispensed by the pharmacist in accordance with
sub-section (3).
(3) The record of a prescription must be in English
and include—
(a) the name and address of the person to whom
the medicine is dispensed;
(b) the date the medicine is dispensed;
(c) the name and dose form of the medicine
dispensed;
(d) the strength or identifying formula;
(e) the quantity or number of doses ordered;
(f) the directions for the use of the medicine;
(g) any other ancillary written instructions
supplied on the label;
(h) the name, address and telephone number of
the prescriber;
(i) any alteration to the original prescription;
(j) any other information concerning the
medicine and its use.
(4) The record of the prescription must—
(a) be retained in a secure place at the pharmacy
or pharmacy department for at least 3 years;
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(b) be made at the time of dispensing or, in the
case of emergency, within 24 hours after the
dispensing;
(c) be certified by the registered pharmacist who
dispensed the prescription with his or her
handwritten signature within 24 hours after
the dispensing—
(i) in the prescription record; or
(ii) if the prescription record is made in a
manner which precludes handwritten
endorsement, in a separate record kept
for that purpose, that he or she
dispensed the prescription and the
certified record must be kept as part of
the prescription record;
(d) be readily retrievable by reference to the
name and address of the person to whom the
medicine was dispensed, the date of
dispensing and from information on the label
on the container.
35. Security at pharmacy depots
The operator of a pharmacy depot must keep
secure—
(a) medicines left for collection at the depot
until they are collected by or on behalf of the
persons to whom they are addressed; and
(b) prescription and client records kept at the
depot.
Penalty: 25 penalty units.
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Division 4—Approvals and revocation of approvals
36. Applications for approvals
A person may apply to the Board for approval
under this Part and the application must contain
the information required by the Board to
determine the application and be accompanied by
the fee fixed by the Board.
37. Revocation of approvals
(1) If the Board is satisfied that—
(a) in the case of a pharmacy business, the
person carrying on the pharmacy business
does not satisfy the requirements of section
25(1) or (2); or
(b) the person carrying on a pharmacy business,
pharmacy department or pharmacy depot—
(i) has failed to carry on the pharmacy
business, pharmacy department or
pharmacy depot in accordance with this
Act, the regulations or any conditions
of approval; or
(ii) has been convicted of an offence
against this Act or the regulations; or
(iii) has contravened section 101 or the
guidelines issued under section 102 on
one or more occasions and, in the
Board's opinion, it is not in the public
interest that the person continue to
carry on a pharmacy business; or
(iv) is found guilty of an offence such that
in the Board's opinion it is not in the
public interest that the person continue
to carry on a pharmacy business,
pharmacy department or pharmacy
depot; or
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(c) there has been a failure of security at the
pharmacy business, pharmacy department or
pharmacy depot that presents a serious risk
to public health and safety; or
(d) the premises of the pharmacy business,
pharmacy department or pharmacy depot are
unhygienic or no longer suitable for use as
such; or
(e) there has been a failure of good
pharmaceutical practice at the premises of
the pharmacy business, pharmacy
department or pharmacy depot that presents
a serious risk to public health and safety—
the Board may give notice in writing to the person
approved to carry on the pharmacy business,
pharmacy department or pharmacy depot.
(2) The notice may—
(a) revoke the approval at the end of 28 days
after the day on which the notice is given; or
(b) state an intention to revoke the approval
unless within a period (not being less than
28 days) specified in the notice satisfactory
arrangements are made to remedy any
specified failure or circumstance.
(3) In determining whether to give a notice under subsection (2), the Board must consider—
(a) the conduct of the person carrying on the
pharmacy business, pharmacy department or
pharmacy depot; and
(b) the seriousness of any breaches of this Act,
the regulations or any condition of approval;
and
(c) whether the breaches could have been
avoided by the exercise of reasonable care;
and
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(d) any circumstances that may prevent the
person from being able to continue to carry
on the pharmacy business, pharmacy
department or pharmacy depot in accordance
with this Act, the regulations or any
condition of approval.
__________________
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s. 38
Part 4—Investigations
PART 4—INVESTIGATIONS
Division 1—Notification and commencement of
investigations
38. Notifications about pharmacists
(1) A person may notify the Board about any matter
relating to a registered pharmacist if the person
believes it indicates that—
(a) the pharmacist's ability to practise as a
pharmacist may be affected because—
(i) of the physical or mental health of the
pharmacist; or
(ii) the pharmacist has an incapacity; or
(iii) the pharmacist is an alcoholic or drugdependent person; or
(b) the pharmacist may have engaged in
unprofessional conduct; or
(c) the professional performance of the
pharmacist may be unsatisfactory.
(2) A person may notify the Board about a person
who was a registered pharmacist but has ceased to
be a registered pharmacist if the notification
relates to the professional conduct of the other
person at a time when that other person was a
registered pharmacist.
39. When notifications are to be dealt with by the
Health Services Commissioner as complaints
(1) If the Board receives a notification about a
registered pharmacist or a person who was a
registered pharmacist referred to in section 38(2),
and the notification is about a matter that—
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(a) is set out in section 16 of the Health
Services (Conciliation and Review) Act
1987; or
(b) may be the subject of a complaint under the
Health Records Act 2001—
the Board must notify the Health Services
Commissioner and give a copy of the notification
to the Health Services Commissioner as soon as
possible after it has received the notification.
(2) The Board, in consultation with the Health
Services Commissioner, must determine whether
or not the notification is to be dealt with by the
Commissioner or the Board.
(3) The Health Services (Conciliation and Review)
Act 1987 applies to a notification made under this
Part which is to be dealt with by the Health
Services Commissioner under that Act as if the
notification were a complaint made under
section 16 of that Act.
(4) The Health Records Act 2001 applies to a
notification made under this Part which is to be
dealt with by the Health Services Commissioner
under that Act as if the notification were a
complaint made under section 45(1) of that Act.
(5) The Board must not deal further with a
notification made under this Part that is to be dealt
with by the Health Services Commissioner unless
the Health Services Commissioner refers the
matter back to the Board under section 19(6) of
the Health Services (Conciliation and Review)
Act 1987 or section 52 of the Health Records
Act 2001.
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Part 4—Investigations
(6) If a notification has been referred to and is being
dealt with by the Health Services Commissioner,
the Commissioner must advise the Board, when
the matter is completed, of the outcome of the
matter.
(7) This section does not apply in relation to a request
made by a pharmacist about his or her ability to
practise under section 42(1)(a).
40. Board may deal with a health records complaint as
a notification
(1) The Board—
(a) may accept a complaint, or part of a
complaint, relating to a registered pharmacist
that the Health Services Commissioner
proposes to refer to the Board under
section 52 of the Health Records Act 2001;
and
(b) must treat a complaint, or part of a
complaint, referred to it under section 52 of
the Health Records Act 2001 as if it were a
notification made under this Act.
(2) If a complaint has been referred to the Board by
the Health Services Commissioner under
section 52 of the Health Records Act 2001, the
Board must advise the Health Services
Commissioner of the progress of the matter, when
required by the Health Services Commissioner to
do so, and, when the matter is completed, of the
outcome of the matter.
(3) Advice under sub-section (2) must include any
information that the Health Services
Commissioner specifies by written notice to the
Board.
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41. Commencement of investigations by the Board
(1) The Board must investigate a notification made
under section 38 unless—
(a) the notification is to be dealt with by the
Health Services Commissioner under
section 39; or
(b) the Board has determined the notification to
be frivolous, vexatious, misconceived or
lacking in substance; or
(c) the Board has determined the notification
does not warrant investigation; or
(d) the pharmacist is no longer registered by the
Board.
(2) In order to determine whether or not it is
necessary to conduct an informal or formal
hearing or whether or not a performance review
should be carried out, the Board must conduct a
preliminary investigation into the notification.
(3) The Board, of its own motion, may determine to
conduct a preliminary investigation into a matter
referred to in sub-section (4).
(4) The Board may arrange a preliminary
investigation if the Board believes that—
(a) the ability of a registered pharmacist to
practise as a pharmacist may be affected
because—
(i) of the physical or mental health of the
pharmacist; or
(ii) the pharmacist has an incapacity; or
(iii) the pharmacist is an alcoholic or drugdependent person; or
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Part 4—Investigations
(b) the ability of a pharmacy student to
undertake clinical training as part of his or
her course of study or supervised training
may be affected because—
(i) of the physical or mental health of the
student; or
(ii) the student has an incapacity; or
(iii) the student is an alcoholic or drugdependent person; or
(iv) the student has been charged with an
indictable offence or been convicted or
found guilty of such an offence.
(5) The Board may, in writing, appoint a member of
the Board, a person employed by the Board or a
registered medical practitioner to conduct a
preliminary investigation into the matter and
delegate to the person its power to conduct a
preliminary investigation, other than its power to
make determinations upon a preliminary
investigation.
(6) If the Board believes that the professional
performance of a pharmacist may be
unsatisfactory, the Board may, in writing, appoint
a registered pharmacist to conduct a preliminary
investigation into the matter and delegate to the
appointed pharmacist its power to conduct a
preliminary investigation, other than its power to
make determinations upon a preliminary
investigation.
(7) If the Board believes that a pharmacist may have
engaged in unprofessional conduct, the Board
may, in writing, appoint one or more of the
following—
(a) a person employed by the Board;
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(b) a lawyer or investigator retained by the
Board;
(c) a sub-committee of the Board consisting of
not more than 3 members of the Board—
to conduct a preliminary investigation into the
matter.
(8) The Board may delegate to the person or the
members of the sub-committee appointed under
sub-section (7) its power to conduct a preliminary
investigation, other than its power to make
determinations upon a preliminary investigation.
(9) The Board, of its own motion, may determine to
conduct (with or without conducting a preliminary
investigation)—
(a) a formal hearing into the ability of a
registered pharmacist to practise as a
pharmacist; or
(b) a formal hearing into the ability of a
registered pharmacy student to undertake
clinical training as part of his or her course
of study or supervised training; or
(c) a review of the professional performance of a
registered pharmacist; or
(d) an informal or formal hearing into the
professional conduct of a registered
pharmacist.
42. Request for conditions or suspension
(1) A registered pharmacist who believes that—
(a) his or her ability to practise as a pharmacist
is affected because—
(i) of his or her physical or mental health;
or
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(ii) he or she has an incapacity; or
(iii) he or she is an alcoholic or drugdependent person; or
(b) he or she has engaged in unprofessional
conduct; or
(c) his or her professional performance is
unsatisfactory—
may ask the Board to suspend his or her
registration or endorsement of registration or to
impose a condition on the registration or
endorsement of registration.
(2) A pharmacy student who believes that his or her
ability to undertake clinical training as part of his
or her course of study or supervised training is
affected because—
(a) of his or her physical or mental health; or
(b) he or she has an incapacity; or
(c) he or she is an alcoholic or drug-dependent
person—
may ask the Board to suspend his or her
registration or to impose a condition on the
registration.
(3) If the Board and the pharmacist or student agree
upon the condition to be imposed, the Board may
impose it.
(4) If the Board and the pharmacist or student do not
agree upon the condition to be imposed, the Board
must refer the matter to a preliminary
investigation under section 41.
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43. Suspension of registration at any time
(1) The Board may, at any time, suspend the
registration of a pharmacist if the Board is of the
opinion that it is necessary to do so because there
is a serious risk that the health and safety of the
public will be endangered because the Board
believes that—
(a) the pharmacist's ability to practise as a
pharmacist is affected; or
(b) the pharmacist's professional performance is
unsatisfactory; or
(c) the pharmacist has engaged in unprofessional
conduct.
(2) The Board may, at any time, suspend the
registration of a pharmacy student if the Board is
of the opinion that it is necessary to do so because
there is a serious risk that the health and safety of
the public will be endangered because the Board
believes that the pharmacy student's ability to
undertake clinical training as part of his or her
course of study or supervised training is affected.
(3) If the Board has suspended the registration of a
pharmacist or pharmacy student, the registration is
suspended until—
(a) any investigation or any hearing into the
matter is completed and the Board is of the
opinion that there is no serious risk that the
health and safety of the public will be
endangered as a result of the pharmacist
practising as a pharmacist or the pharmacy
student undertaking clinical training as part
of his or her course of study or supervised
training; or
(b) the suspension is otherwise revoked.
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(4) If the Board has suspended the registration of a
pharmacist or pharmacy student, it must—
(a) immediately notify the following of that
suspension—
(i) the pharmacist or student; and
(ii) the employer of the pharmacist or the
person providing supervised training to
the pharmacy student; and
(b) ensure that the matter is investigated or heard
as soon as possible after that suspension.
(5) In place of suspending a pharmacist or a
pharmacy student under this section, the Board
may seek and accept an agreement in writing from
the pharmacist to alter the way in which he or she
practises as a pharmacist or the pharmacy student
to alter the way in which he or she undertakes
clinical training as part of his or her course of
study or supervised training.
44. Agreements to amend, vary or revoke conditions or
revoke suspensions
(1) The Board may, if the registered pharmacist or
pharmacy student so agrees—
(a) amend, vary or revoke any condition
imposed on the pharmacist's or pharmacy
student's registration by the Board without
conducting an informal or formal hearing; or
(b) revoke a suspension of the pharmacist's or
pharmacy student's registration and impose a
condition on the registration; or
(c) revoke a suspension of the pharmacist's
registration if the pharmacist satisfies the
Board that his or her ability to practise as a
pharmacist is no longer affected; or
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(d) revoke a suspension of the pharmacy
student's registration if the pharmacy student
satisfies the Board that his or her ability to
undertake clinical training as part of his or
her course of study or supervised training is
no longer affected.
(2) If the Board and the registered pharmacist or
registered pharmacy student fail to agree under
sub-section (1), the Board may refer the matter to
a formal hearing.
45. Notice of preliminary investigation into ability or
professional performance
(1) A person appointed to investigate—
(a) a registered pharmacist's ability to practise as
a pharmacist or his or her professional
performance; or
(b) a pharmacy student's ability to undertake
clinical training as part of his or her course
of study or supervised training—
must give notice of the preliminary investigation
to the pharmacist or pharmacy student.
(2) A notice under sub-section (1) must—
(a) be in writing; and
(b) be sent by registered post, as soon as
practicable after the Board's decision to
conduct a preliminary investigation has been
made; and
(c) advise the pharmacist or student of the nature
of the matter to be investigated; and
(d) in the case of an investigation into the ability
of the pharmacist to practise as a pharmacist
or of a pharmacy student to undertake
clinical training as part of his or her course
of study or supervised training, ask the
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Part 4—Investigations
pharmacist or student to advise the Board as
to whether or not he or she will agree to
undergo a medical examination to assess his
or her ability within 28 days of receiving the
notice; and
(e) in the case of an investigation into the
professional performance of the pharmacist,
if the person conducting the preliminary
investigation believes a performance
assessment of the pharmacist is necessary,
ask the pharmacist to advise the Board as to
whether or not he or she will agree to
undergo a performance assessment within
28 days of receiving the notice; and
(f) advise the pharmacist or student of the
procedures that can be taken under this Part.
Division 2—Specific provisions relating to the ability to
practise or undertake clinical training
46. Medical examination
(1) If the registered pharmacist or pharmacy student
agrees to undergo a medical examination in
accordance with section 45(2)(d), the pharmacist
or student must be examined by a registered
medical practitioner who is agreed upon by the
Board and the pharmacist or student.
(2) If the Board and the pharmacist or student are
unable to agree upon a registered medical
practitioner to conduct the examination, the
Secretary must appoint a registered medical
practitioner to perform the examination.
(3) The Board must pay for the examination.
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47. Report of examination
(1) The examining medical practitioner must give a
report of his or her examination to the person
appointed to investigate the matter, and, not more
than 7 days later, to the pharmacist or student
being investigated.
(2) The person appointed to investigate the matter
must discuss the report with the pharmacist or
student, and, in the case of an adverse finding in
the report, the possible ways of dealing with that
finding.
(3) After discussing the report with the pharmacist or
student, the person appointed to investigate the
matter must report to the Board.
(4) Despite sub-section (1), if the report contains
information of a medical or psychiatric nature
concerning the pharmacist or student, and it
appears to the person appointed to investigate the
matter that the disclosure of that information to
the pharmacist or student might be prejudicial to
the physical or mental health or well-being of the
pharmacist or student, the person may decide not
to give that information to the pharmacist or
student but to give it instead to a registered
medical practitioner and a registered pharmacist
nominated by that pharmacist or that student.
(5) Before acting under sub-section (4), the person
appointed to investigate the matter must report to
the Board and, if the person is not a pharmacist
and the Board is of the opinion that it is necessary
for the investigation of the matter to be continued
by a pharmacist, the Board may appoint a
pharmacist to continue the investigation.
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48. Outcome of preliminary investigation
(1) If, after considering the reports given under
section 47, the Board decides that further action
should be taken, the Board must ask the
pharmacist or student whether or not he or she is
prepared to agree to—
(a) in the case of a pharmacist, alter the way in
which he or she practises as a pharmacist; or
(b) in the case of a pharmacy student, alter the
way in which he or she undertakes clinical
training as part of his or her course of study
or supervised training; or
(c) the imposition of conditions on his or her
registration or endorsement of registration;
or
(d) the suspension of his or her registration for
the period of time specified by the Board.
(2) The Board may take any action that is necessary
to implement an agreement under sub-section (1).
49. Referral to a formal hearing
If a registered pharmacist or pharmacy student
who is the subject of a preliminary investigation
under this Part does not agree to undergo a
medical examination referred to in section 45 or
does not abide by an agreement to undergo such a
medical examination the Board may refer the
matter to a formal hearing to be conducted in
accordance with Division 5.
50. Findings and determinations of a formal hearing
(1) After considering all the submissions made to a
formal hearing into the ability of a registered
pharmacist to practise as a pharmacist or a
pharmacy student to undertake clinical training, a
panel established under Division 5 may find
that—
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(a) the ability of the pharmacist to practise as a
pharmacist is affected because—
(i) of the physical or mental health of the
pharmacist; or
(ii) the pharmacist has an incapacity; or
(iii) the pharmacist is an alcoholic or drugdependent person; or
(b) the ability of the pharmacist to practise as a
pharmacist is not affected; or
(c) the ability of the pharmacy student to
undertake clinical training is affected
because—
(i) of the physical or mental health of the
pharmacy student; or
(ii) the pharmacy student has an incapacity;
or
(iii) the pharmacy student is an alcoholic or
drug-dependent person; or
(d) the ability of the pharmacy student to
undertake clinical training is not affected.
(2) If the panel makes a finding under sub-section
(1)(a) or (1)(c), the panel may make one or more
of the following determinations—
(a) to impose any condition on the registration
of the pharmacist or pharmacy student;
(b) to suspend the registration of the pharmacist
or pharmacy student for the period and
subject to the conditions, if any, specified in
the determination.
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(3) A determination of the Board under subsection (2) with respect to a pharmacy student
takes effect when notice of it is served on the
pharmacy school where the student is enrolled or
the person who is supervising the training of the
student.
(4) A pharmacy student is not permitted to undertake
clinical training contrary to the terms of a
determination in force under this section.
Division 3—Specific provisions relating to the professional
performance of pharmacists
51. Performance assessment
(1) If a registered pharmacist agrees to undergo a
performance assessment in accordance with
section 45(2)(e), the pharmacist's performance
must be assessed by one or two registered
pharmacists (the number of which is to be
determined by the Board) who are not members of
the Board and who are agreed upon by the Board
and the pharmacist whose performance is to be
assessed.
(2) If the Board and the pharmacist whose
performance is to be assessed are unable to agree
upon any pharmacist to conduct the assessment,
the Secretary must appoint one or two registered
pharmacists (the number of which is to be
determined by the Board) to perform the
assessment.
(3) The Board must pay for the assessment.
52. Report of assessment
(1) The assessing pharmacist or pharmacists must
give a report of the assessment to the person
appointed to investigate the matter and, not more
than 7 days later, to the pharmacist being
investigated.
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(2) The person appointed to investigate the matter
must discuss the report with the pharmacist being
investigated and, in the case of an adverse finding
in the report, the possible ways of dealing with
that finding, including whether the pharmacist is
prepared to alter the way in which he or she
practises as a pharmacist.
(3) After discussing the report with the pharmacist
being investigated, the person appointed to
investigate the matter must report to the Board
and make recommendations.
53. Refusal to attend or co-operate
If a registered pharmacist who is the subject of a
preliminary investigation into his or her
professional performance—
(a) does not agree to undergo a performance
assessment; or
(b) does not abide by an agreement to undergo a
performance assessment—
the Board may refer the matter to a performance
review or an informal or formal hearing.
54. Outcome of preliminary investigation into a
pharmacist's professional performance
(1) If, after considering any report given under
section 52, the Board decides that further action
should be taken, the Board may make one or more
of the following determinations—
(a) that the pharmacist's performance be
reviewed by a performance review panel;
(b) that an informal or formal hearing be held
under Division 4 or Division 5;
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(c) that the pharmacist undergo a medical
examination;
(d) that the pharmacist undergo counselling;
(e) that the pharmacist alter the way in which he
or she practises as a pharmacist;
(f) that the pharmacist undertake and complete
specified further education or training within
a specified period.
(2) Despite sub-section (1), the Board may, after
considering any report given under section 52,
enter into an agreement with the pharmacist to do
any of the things referred to in sub-section (1)(c),
(d), (e) or (f).
55. Establishment and notice of a performance review
panel
If the Board has determined that a pharmacist's
professional performance should be reviewed by a
performance review panel under section 41(9)(c)
or 54(1)(a), the Board may—
(a) appoint a performance review panel to
review that pharmacist's professional
performance; and
(b) fix a time and place for the review of the
performance to be conducted; and
(c) serve a notice on the pharmacist by
registered post which complies with
section 45; and
(d) serve a notice on any notifier by registered
post under section 83(5)(a) and (b).
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56. Constitution of a performance review panel
(1) A performance review panel appointed under
section 55 must consist of not less than 2 persons
who must not be members of the Board—
(a) of whom 1 is to be a registered pharmacist
with extensive experience and qualifications
in the type of pharmacy services provided by
the pharmacist whose performance is under
review; and
(b) of whom at least 1 is to be a person who is
not a pharmacist.
(2) The following persons are not entitled to be
members of a performance review panel—
(a) a person who conducted a preliminary
investigation of the pharmacist whose
performance is under review;
(b) a person who conducted a performance
assessment of the pharmacist whose
performance is under review.
57. Conduct of a performance review panel
(1) The procedure of a performance review panel is in
its discretion and the proceedings—
(a) must be conducted with as little formality
and technicality as the requirements of this
Act and the proper consideration of the
matter permit; and
(b) must not be open to the public.
(2) A performance review panel must cease reviewing
a pharmacist's professional performance and refer
the matter to the Board if the panel is of the
opinion that—
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(a) the pharmacist's performance raises a
significant issue of public health or safety; or
(b) the pharmacist may have engaged in
unprofessional conduct of a serious nature.
58. Outcome of a performance review panel's review
(1) Upon completing a review of the professional
performance of a registered pharmacist, the
performance review panel must give to the Board
a report with its recommendations.
(2) After considering the report given under subsection (1), the Board may make one or more of
the following determinations—
(a) that no further action be taken;
(b) that the matter be referred to a formal
hearing;
(c) that the pharmacist undergo a medical
examination to assess the ability of the
pharmacist to practise as a pharmacist;
(d) that the pharmacist undergo counselling;
(e) that any condition be imposed on the
pharmacist's registration or endorsement of
registration;
(f) that the pharmacist alter the way in which he
or she practises as a pharmacist;
(g) that the pharmacist undertake and complete
specified further education or training within
a specified period.
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59. Referral to a medical examination or a formal
hearing
(1) The Board may, at any time during the assessment
of a pharmacist's professional performance by a
registered pharmacist or the review of a
pharmacist's professional performance by a
performance review panel, direct the pharmacist
to undergo a medical examination to assess his or
her ability to practise as a pharmacist, if the Board
is of the opinion that his or her ability to practise
is affected.
(2) The Board must refer a matter arising out of an
investigation of a pharmacist's professional
performance to a formal hearing if the Board is of
the opinion that—
(a) the matter raises a significant issue of public
health or safety; or
(b) the pharmacist may have engaged in
unprofessional conduct of a serious nature.
(3) If a matter is referred to a hearing under this
section, any assessment of the pharmacist's
professional performance by a registered
pharmacist or any review of the pharmacist's
professional performance by a performance
review panel must be abandoned.
60. Request for a formal hearing by a pharmacist
If, before the end of an assessment of a
pharmacist's professional performance by a
registered pharmacist or a review by a
performance review panel, the pharmacist
requests that a formal hearing be held—
(a) the performance assessment or review must
be abandoned; and
(b) the Board must refer the matter to a formal
hearing.
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Division 4—Specific provisions relating to the professional
conduct of pharmacists
61. Outcome of a preliminary investigation
(1) Upon completing a preliminary investigation into
the professional conduct of a registered
pharmacist, the person or sub-committee
appointed by the Board to conduct the
investigation may make one of the following
recommendations—
(a) that the investigation into the matter not
proceed further;
(b) that an informal or formal hearing be held
into the matter;
(c) that the pharmacist undergo a medical
examination;
(d) that the pharmacists's performance be
assessed by a pharmacist or reviewed by a
performance review panel.
(2) The Board must determine whether or not to act
on the recommendations of the person or subcommittee appointed by the Board to conduct the
preliminary investigation.
62. Establishment and notice of an informal hearing
If the Board has determined that an informal
hearing be held into the professional conduct of a
registered pharmacist under this Part, the Board—
(a) must appoint a panel to hold the hearing; and
(b) must fix a time and place for the hearing to
be held; and
(c) must by registered post, serve a notice on the
pharmacist which complies with section 64;
and
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(d) may serve notice on any notifier by
registered post under section 83(5)(a)
and (b).
63. Constitution of a panel for an informal hearing
(1) A panel appointed under section 62 is to consist of
not more than 3 persons—
(a) who, subject to sub-section (2), are to be
members of the Board; and
(b) of whom at least 1 is to be a registered
pharmacist and one is to be a person who is
not a pharmacist.
(2) If—
(a) the Board is unable to appoint a panel
because there are not enough members
available to sit on it; or
(b) the Board is of the opinion that a person with
special expertise is required for the
hearing—
the President or, in the absence of the President,
the Deputy President may fill the vacant positions
on the panel by appointing persons who are not
members of the Board from a list of persons
approved by the Governor in Council under subsection (4).
(3) A person is not entitled to be a member of the
panel if the person—
(a) has undertaken a preliminary investigation of
the matter; or
(b) was appointed under section 51 to assess the
pharmacist's professional performance; or
(c) was a member of a performance review
panel appointed under section 55 to review
the pharmacist's professional performance.
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(4) The Governor in Council, on the recommendation
of the Minister, may approve persons who are not
members of the Board to be available to be
appointed to a panel under sub-section (2).
64. Notice of an informal hearing
A notice of an informal hearing under section 62
must—
(a) state the nature of the hearing and the
allegations made against the pharmacist; and
(b) give the time and place of the hearing; and
(c) state that the pharmacist may choose to have
the matter determined by a formal hearing
and state the differences between a formal
and informal hearing; and
(d) state that—
(i) there is no right to legal representation
at the hearing; and
(ii) the pharmacist is entitled to be present
and to make submissions and to be
accompanied by another person; and
(iii) the hearing is not open to the public;
and
(e) list the possible findings the panel can make
or orders the panel can give.
65. Conduct of an informal hearing
At an informal hearing—
(a) the panel must hear and determine the matter
before it; and
(b) the pharmacist who is the subject of the
hearing is entitled to be present, to make
submissions and to be accompanied by
another person but is not entitled to be
represented; and
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(c) the proceedings of the hearing must not be
open to the public.
66. Findings and determinations of an informal hearing
(1) After considering all the submissions made to the
hearing the panel may find either—
(a) that the pharmacist has, whether by act or
omission, engaged in unprofessional conduct
which is not of a serious nature; or
(b) that the pharmacist has not engaged in
unprofessional conduct.
(2) If the panel finds that the pharmacist has, whether
by act or omission, engaged in unprofessional
conduct which is not of a serious nature, the panel
may make one or more of the following
determinations—
(a) that the pharmacist undergo counselling;
(b) that the pharmacist undertake and complete
specified education or training within a
specified period;
(c) that the pharmacist be cautioned;
(d) that the pharmacist be reprimanded;
(e) that the pharmacist's registration be subject
to a condition imposed by the Board.
67. Change of informal hearing to formal hearing
during course of hearing
If, before the end of the hearing—
(a) the pharmacist who is the subject of the
hearing fails to attend the hearing without
good cause; or
(b) the pharmacist requests that a formal hearing
be held; or
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(c) the panel is of the opinion that a formal
hearing should be held—
the panel must abandon the informal hearing and
refer the matter to a formal hearing.
68. Request for formal hearing upon completion of
informal hearing
Upon the completion of an informal hearing, the
pharmacist who was the subject of the hearing
may request that a formal hearing be held to
review any findings and determinations of the
informal hearing.
69. Finding and determinations of a formal hearing into
conduct
(1) After considering all the submissions made to a
formal hearing into the professional conduct of a
registered pharmacist, the panel appointed under
Division 5 to conduct the hearing may find that—
(a) the pharmacist has, whether by act or
omission, engaged in unprofessional conduct
of a serious nature; or
(b) the pharmacist has, whether by act or
omission, engaged in unprofessional conduct
which is not of a serious nature; or
(c) the pharmacist has not engaged in
unprofessional conduct.
(2) If the panel finds that the pharmacist has, whether
by act or omission, engaged in unprofessional
conduct of a serious nature, the panel may make
one or more of the following determinations—
(a) require the pharmacist to undergo
counselling;
(b) caution the pharmacist;
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(c) reprimand the pharmacist;
(d) require the pharmacist to undertake and
complete specified further education or
training within a specified period;
(e) impose any condition on the registration or
endorsement of registration of the
pharmacist;
(f) impose a fine on the pharmacist of not more
than $10 000;
(g) suspend the registration of the pharmacist for
the period specified in the determination;
(h) cancel the registration of the pharmacist;
(i) disqualify the pharmacist from applying for
registration under section 4 within a
specified period if the pharmacist's
registration is cancelled by the Board or by a
pharmacist registration authority of another
State or Territory of the Commonwealth or
of New Zealand;
(j) require the pharmacist to pay the reasonable
costs and the expenses of the Board in the
conduct of the formal hearing.
(3) If the panel finds under sub-section (1)(b) that the
pharmacist has, whether by act or omission,
engaged in unprofessional conduct which is not of
a serious nature, the panel may make any
determination which a panel at an informal
hearing is able to make upon such a finding.
(4) The panel must not impose a fine if the conduct
that is the subject of the finding has resulted in a
fine being imposed by another tribunal or court of
law.
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(5) If the panel has made a determination under subsection (2)(a), (d), (f) or (j) and the pharmacist has
not complied with the determination—
(a) if the pharmacist does not apply for a review
of the decision under Part 5 within 30 days
after the last date on which the pharmacist
could apply in accordance with Part 5 for a
review of the decision; or
(b) if the pharmacist applied in accordance with
Part 5 for a review of the decision and on
review the decision of the Board was
affirmed, within 30 days after the decision to
affirm—
the Board may suspend the pharmacist's
registration until the determination is complied
with.
(6) Any fine or costs are recoverable at law by the
Board even though the Board has not exercised
any of its other powers.
(7) An order for a fine or costs under sub-section (2)
may be filed in the Magistrates' Court and may be
enforced as an order of the court.
70. Investigation may continue even if a person is no
longer registered
(1) The Board may—
(a) conduct an investigation into a notification
referred to in section 38(2) and make a
finding or determination under this Part;
(b) conduct a hearing and make a finding or
determination under this Part in relation to a
notification referred to in section 38(2)—
as if the person referred to in that notification
were a registered pharmacist.
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(2) The Board may—
(a) conduct or continue to conduct an
investigation into the professional conduct of
a person who has ceased to be a registered
pharmacist but who was a registered
pharmacist at the time a notification was
made or the Board had determined to
conduct an investigation into the conduct and
make a finding or determination under this
Part;
(b) conduct or continue to conduct a hearing and
make a finding or determination under this
Part in relation to a person who has ceased to
be a registered pharmacist but who was a
registered pharmacist at the time the Board
had determined to conduct the hearing—
as if the person were a registered pharmacist.
Division 5—Special provisions relating to hearings
71. Application of Division
This Division applies to hearings in relation to—
(a) the ability of registered pharmacists to
practise as pharmacists; or
(b) the ability of pharmacy students to undertake
clinical training as part of their course of
study or supervised training; and
(c) the professional conduct of pharmacists.
72. Establishment and notice of formal hearing
If—
(a) the Board has determined that a formal
hearing be held under this Part or has
referred a matter to a formal hearing under
this Part; or
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(b) a pharmacist has requested a formal hearing
under section 67 or 68; or
(c) a panel has referred a matter to a formal
hearing under this Part—
the Board must—
(d) appoint a panel to hold the hearing; and
(e) fix a time and place for the hearing to be
conducted; and
(f) serve a notice on the pharmacist or student
by registered post which complies with
section 74; and
(g) serve a notice on any notifier by registered
post under section 83(5)(a) and (b).
73. Constitution of a hearing panel for a formal hearing
(1) A panel appointed under section 72 must consist
of not less than 3 persons—
(a) who, subject to sub-section (2), are to be
members of the Board; and
(b) of whom one is to be a lawyer and at least
one is to be a registered pharmacist.
(2) If—
(a) the Board is unable to appoint a panel
because there are not enough members
available to sit on it; or
(b) the Board is of the opinion that a person with
special expertise is required for the
hearing—
the President or, in the absence of the President,
the Deputy President may fill the vacant positions
on the panel by appointing persons who are not
members of the Board from a list of persons
approved by the Governor in Council under subsection (4).
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(3) The following persons are not entitled to be
members of a panel for a formal hearing—
(a) a person who has undertaken a preliminary
investigation of the matter which is the
subject of the hearing;
(b) a person who has been a member of a panel
which held an informal hearing into the
matter;
(c) a person appointed under section 51 to assess
the pharmacist's professional performance;
(d) a person who was a member of a
performance review panel appointed under
section 55 to review the pharmacist's
professional performance;
(e) a person appointed to conduct a preliminary
conference under section 75.
(4) The Governor in Council, on the recommendation
of the Minister, may approve persons who are not
members of the Board to be available to be
appointed to a panel under sub-section (2).
74. Notice of a formal hearing
A notice of a formal hearing under section 72
must—
(a) state the nature of the hearing and the
allegations made against the pharmacist or
pharmacy student;
(b) give the time and place of the hearing;
(c) state that the pharmacist or pharmacy student
has a right to make submissions and to be
represented;
(d) state that the hearing is open to the public;
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(e) list the possible findings the panel can make;
(f) state that there is a right to apply for review
of the panel's findings.
75. Preliminary conferences
(1) The Board may, at any time before a formal
hearing, require the pharmacist or pharmacy
student to attend one or more preliminary
conferences with a person appointed by the Board.
(2) The Board must not appoint a person who is a
member of the Board or a hearing panel to
conduct a preliminary conference.
(3) The functions of a preliminary conference are
to—
(a) identify and clarify the nature of the issues in
dispute in the matter;
(b) identify the issues to be considered or
determined by the panel;
(c) allow guidance to be given concerning the
conduct of the matter.
(4) The Board must give notice of the preliminary
conference to the pharmacist or pharmacy student.
(5) A preliminary conference must be held in private
unless the person presiding directs otherwise.
(6) Subject to this Act, the procedure for a
preliminary conference is at the discretion of the
person presiding.
76. Personal attendance may be required
The Board may require a pharmacist or pharmacy
student to attend a preliminary conference
personally or by a representative.
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77. Conduct of a formal hearing
At a formal hearing—
(a) the hearing panel must hear and determine
the matter before it; and
(b) the pharmacist or student who is the subject
of the hearing is entitled to be present, to
make submissions and to be represented; and
(c) if the hearing arises out of a notification
made under section 38, the identity of the
notifier is not to be published or broadcast
and the notifier—
(i) in the case of a proceeding which has
not been closed under paragraph (d), is
entitled to be present; and
(ii) if not called as a witness, may make
submissions with the permission of the
Board; and
(d) the proceedings are to be open to the public
unless the panel determines that the
proceedings should be closed because the
hearing is taking evidence of intimate,
personal or financial matters and, if the panel
has determined that the proceedings are
closed, the panel may determine that the
identity of any witness giving evidence in the
proceedings is not to be published or
broadcast; and
(e) the panel may determine that any
information that might enable the registered
pharmacist or pharmacy student who is the
subject of the hearing to be identified must
not be published or broadcast prior to the
making of a final determination if the panel
considers it necessary to do so to avoid
prejudicing the administration of justice or
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for any other reason in the interests of
justice.
Division 6—General provisions relating to hearings
78. Procedure at formal and informal hearings
(1) At a formal or informal hearing—
(a) subject to this Part, the procedure of a panel
is in its discretion; and
(b) the proceedings must be conducted with as
little formality and technicality as the
requirements of this Act and the proper
consideration of the matter permit; and
(c) a panel is not bound by rules of evidence but
may inform itself in any way it thinks fit; and
(d) a panel is bound by the rules of natural
justice.
(2) Despite sub-section (1)(d), a panel may, when
conducting a hearing into a pharmacist's ability to
practise as a pharmacist or a pharmacist's
professional conduct, consider any report about
the pharmacist's professional performance made
for the purposes of a performance assessment or
performance review under Division 3.
79. Powers of panel conducting a formal hearing
Sections 14, 15, 16 and 21A of the Evidence Act
1958 apply to a panel in the conduct of a formal
hearing as if it were a Board or the Chairman of a
Board appointed by the Governor in Council.
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80. Determinations
(1) A determination made by a panel on a hearing
comes into operation on its making or at any later
time stated in the determination.
(2) A determination of a panel is to have effect as if it
were a determination of the Board.
(3) If a fine is imposed by a panel it may be recovered
by the Board as a debt due to the Board.
81. Removal of suspension or condition
(1) If the Board has suspended the registration of a
pharmacist or pharmacy student until the
completion of a hearing, and at the completion of
the hearing the panel determines that the
suspension should be removed, the Board must
remove the suspension.
(2) If a condition has been imposed on the registration
of a pharmacist or pharmacy student, and at the
completion of a hearing the panel determines that
the condition should be removed, the Board must
remove that condition.
82. Reasons for determinations of panel or Board
(1) A panel must give reasons for a determination
made under this Part to the pharmacist or
pharmacy student who is the subject of the
determination within 28 days of the making of the
determination.
(2) A person whose interests are affected by a
determination of a panel may apply to the panel
for the reasons for that determination.
(3) An application under sub-section (2) must be
made within 45 days of the making of the
determination.
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(4) The panel must give the reasons to the person
referred to in sub-section (2) within 45 days of
receiving the application.
83. Notice of findings, determinations and hearings
(1) If a determination has been made by a panel—
(a) imposing conditions on the registration or
endorsement of registration of a pharmacist;
or
(b) suspending the registration of a pharmacist;
or
(c) cancelling the registration of a pharmacist—
the Board must give notice of the determination—
(d) in the Government Gazette; and
(e) to the pharmacist registration authorities in
all other States or Territories of the
Commonwealth and in New Zealand; and
(f) to the Health Services Commissioner; and
(g) if the pharmacist is an employee, to his or
her employer; and
(h) to any Commonwealth body responsible for
the funding of pharmacy services; and
(i) if the Board has received a request for
information about the person in respect of
whom the determination has been made from
a pharmacist registration authority outside
Australia, that authority.
(2) If a determination has been made by a panel—
(a) imposing any condition on a pharmacy
student undertaking clinical training as part
of his or her course of study or supervised
training; or
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(b) prohibiting a pharmacy student from
undertaking clinical training as part of his or
her course of study or supervised training for
the period specified—
the Board must give notice of the determination to
the person providing the course of study in which
the student is enrolled or the person who is
supervising the training of the student.
(3) Notice under sub-section (1) or (2) must be given
as soon as practicable after the determination has
been made.
(4) No action in defamation lies against the Board or
its members for giving a notice under this section.
(5) If a notification has been made to the Board, the
Board must notify the notifier—
(a) of whether or not a formal or informal
hearing is to be conducted into the matter
and, if so, of the time and place of the
hearing and, in the case of a formal hearing,
of the fact that the notifier's identity is not to
be published or broadcast; and
(b) in the case of a formal or informal hearing,
of whether or not the notifier may make
submissions at the hearing; and
(c) of the findings and determinations of any
hearing arising from that notification and the
reasons for those findings and
determinations, within 28 days of their
having been made.
84. Offence to disclose information identifying a notifier
A person must not publish or broadcast or cause to
be published or broadcast any report of a formal
hearing under this Part that contains information
that would enable—
(a) the notifier to be identified; or
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(b) if the panel has made a determination
prohibiting the publication or broadcast of
the identity of a witness, that witness to be
identified; or
(c) if the panel has made a determination
prohibiting the publication or broadcast of
the identity of the registered pharmacist or
pharmacy student before the making of a
final determination, that pharmacist or
student to be identified prior to the making
of the final determination—
unless the notifier, witness, pharmacist or student
has, before publication or broadcast, consented to
this.
Penalty: 60 penalty units in the case of a natural
person and 120 penalty units in the case
of a body corporate.
85. Terms and conditions of appointment of panel
members
(1) A member of a panel is appointed on the terms
and conditions determined by the Board for that
member.
(2) A member of a panel, other than a member who is
an employee of the public service within the
meaning of the Public Sector Management and
Employment Act 1998, is entitled to receive the
fees that are fixed from time to time by the
Governor in Council for members of panels.
(3) A member of a panel is entitled to receive the
allowances that are fixed from time to time by the
Governor in Council.
(4) In fixing fees under sub-section (2), the Governor
in Council may fix different fees for different
classes of case.
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Part 5—Review by VCAT
PART 5—REVIEW BY VCAT
86. Review by Victorian Civil and Administrative
Tribunal
(1) A person whose interests are affected by the
relevant decision, finding or determination may
apply to the Victorian Civil and Administrative
Tribunal for review of—
(a) a decision to refuse a person's application for
registration or renewal of registration; or
(b) a decision to refuse a person's application for
endorsement of registration under section 11
or for renewal of that endorsement; or
(c) a decision to impose a condition on a
person's registration or endorsement of
registration otherwise than by agreement or
by determination at an informal hearing; or
(d) a decision to cancel the interim registration
of a pharmacist or pharmacy student under
section 9(5); or
(e) a decision to cancel the registration or
endorsement of registration of a pharmacist
or the registration of a pharmacy student in
proceedings under section 19(3); or
(f) a decision to suspend the registration of a
pharmacist, if the Board has not instituted an
investigation into the professional conduct,
professional performance or ability to
practise of that pharmacist within a
reasonable time of having suspended that
registration; or
(g) a decision to suspend the registration of a
pharmacy student, if the Board has not
instituted an investigation into the ability of
the student to undertake clinical training
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within a reasonable time of having
suspended that registration; or
(h) a finding or determination made at a formal
hearing under Part 4; or
(i) a decision to accept under section 43(5) an
agreement by a pharmacist to alter the way
in which he or she practises as a pharmacist
if the Board has not instituted an
investigation into the pharmacist's
professional conduct or ability to practise
within a reasonable time after having
accepted the agreement; or
(j) a decision to accept under section 43(5) an
agreement by a pharmacy student to alter the
way in which he or she undertakes clinical
training if the Board has not instituted an
investigation into the ability of the student to
undertake clinical training within a
reasonable time after having accepted the
agreement; or
(k) a decision to refuse a person's application for
approval under Part 3; or
(l) a decision to impose conditions on an
approval under Part 3; or
(m) a decision to revoke an approval under
Part 3.
(2) The application must be made within 28 days of
the date on which the Board gives notice of the
decision, finding or determination to the person
concerned.
(3) If a finding has been made at a formal hearing
under Part 4 but no final determination has been
made at that hearing, an application for review
under this section can only be made with the leave
of the Tribunal.
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87. Notification
If a decision, finding or determination has been
reviewed by the Victorian Civil and
Administrative Tribunal, the Board must notify
any person who was notified of the original
decision, finding or determination of any change
to that decision, finding or determination by the
Tribunal.
__________________
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Part 6—Offences and Regulated Conduct
PART 6—OFFENCES AND REGULATED CONDUCT
88. Claims by persons as to registration
(1) A person who is not a registered pharmacist must
not—
(a) take or use the title of "registered
pharmacist", "pharmacist", "registered
pharmaceutical chemist", "pharmaceutical
chemist" or any other title calculated to
induce a belief that the person is registered
under this Act; or
(b) claim to be registered under this Act or hold
himself or herself out as being registered
under this Act; or
(c) carry out any act which is required to be
carried out by a registered pharmacist by or
under an Act; or
(d) claim to be qualified to practise as a
pharmacist.
Penalty: 60 penalty units in the case of a natural
person and 120 penalty units in the case
of a body corporate.
(2) A registered pharmacy student and a pharmacist
whose registration is specific, interim or nonpractising must not claim to have, or hold himself
or herself out as having registration of the type not
granted to that person.
Penalty: 60 penalty units.
(3) A person whose registration is not endorsed under
section 11 must not—
(a) take or use any title calculated to induce a
belief that the pharmacist's registration is
endorsed under section 11; or
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(b) claim to have or hold himself or herself out
as having a registration that is endorsed
under section 11.
Penalty: 60 penalty units.
(4) A registered pharmacist whose registration is
subject to a condition must not—
(a) take or use any title calculated to induce a
belief that the pharmacist's registration is not
subject to a condition; or
(b) claim to have or hold himself or herself out
as having a registration which is not subject
to any condition.
Penalty: 60 penalty units.
(5) A person must not hold out another person as
being registered under this Act, if the person
knows or ought reasonably to know that the other
person is not so registered.
Penalty: 60 penalty units in the case of a natural
person and 120 penalty units in the case
of a body corporate.
(6) Sub-section (1)(b), (c) and (d) does not apply to a
registered pharmacy student who is providing
pharmacy services in accordance with the
student's registration under the supervision of a
registered pharmacist.
(7) This section does not apply to—
(a) the use of a name or a title, in respect of a
pharmacy business, by a person who is
approved under section 26 to carry on the
pharmacy business if the pharmacy services
are provided by or under the supervision of a
registered pharmacist;
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(b) the use of a name or a title by or in relation
to a museum if—
(i) the words are used to identify premises
where items relating to the history of
pharmacy are exhibited; and
(ii) pharmacy services are not provided
from those premises;
(c) the giving or performance of any pharmacy
service by a person registered as a
pharmacist under the law in force in another
State or Territory or New Zealand in an
emergency if no other registered pharmacist
is available.
(8) A registered pharmacist who—
(a) carries on a pharmacy business; and
(b) does not personally provide pharmacy
services from the pharmacy—
is not to be treated for the purpose of this Act as
practising as a pharmacist in respect of that
pharmacy business.
89. Pharmacy students
A person is not entitled to undertake clinical
training in a pharmacy or a pharmacy department
as part of a course of study or training referred to
in section 5 or 17 unless—
(a) the clinical training is supervised by a
registered pharmacist and approved by the
Board; and
(b) the person is a registered pharmacy student
or a registered pharmacist under this Act.
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90. Claims by persons as to approval
(1) A person must not use the title "pharmacy",
"pharmacy practice" or "pharmacy business"
except in relation to a pharmacy or pharmacy
business approved to operate under section 26.
Penalty: 60 penalty units in the case of a natural
person and 120 penalty units in the case
of a body corporate.
(2) This section does not apply to the use of a name or
a title by or in relation to—
(a) a museum if—
(i) the words are used to identify premises
where items relating to the history of
pharmacy are exhibited; and
(ii) pharmacy services are not provided
from those premises; or
.
(b) a teaching institution providing a course of
study in pharmacy practice; or
(c) professional associations representing
registered pharmacists; or
(d) any other person or body in circumstances
approved by the Board and notified in the
Government Gazette and any publication
circulating generally among registered
pharmacists.
91. Fraud, forgery etc.
A person must not—
(a) fraudulently or by false representation or
declaration (either orally or in writing)
obtain registration or approval under this
Act; or
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(b) fraudulently or by false representation (either
orally or in writing) procure any person to be
registered or approved under this Act; or
(c) forge, counterfeit or alter any certificate of
registration under this Act or any degree,
diploma or other evidence of qualifications
for registration under this Act; or
(d) aid in the commission of an offence under
paragraph (a), (b) or (c).
Penalty: 120 penalty units or imprisonment for a
period of 1 year or both.
92. Undue influence
A provision in a bill of sale, mortgage, lease or in
any other commercial arrangement in respect of a
pharmacy or pharmacy business that gives to any
person other than the person approved under
section 26 to carry on the pharmacy business—
(a) the right to control the manner in which the
pharmacy business is carried on; or
(b) the right of access to books of accounts kept
in respect of that business, otherwise than for
the purpose of determining whether or not
the conditions of the relevant document are
being complied with; or
(c) the right to receive any consideration that
varies according to the profits or takings in
respect of the business—
is void.
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93. Offence of directing or inciting unprofessional
conduct
(1) A person must not direct or incite a registered
pharmacist to do any thing, in the course of
providing pharmacy services, that would
constitute unprofessional conduct.
Penalty: 240 penalty units in the case of a
natural person and 600 penalty units in
the case of a body corporate.
(2) If a body corporate commits an offence against
sub-section (1), any officer of the body corporate
or any person who was concerned in or who takes
part in the management of that body corporate
who was in any way, by act or omission, directly
or indirectly, knowingly concerned in or party to
the commission of the offence is also guilty of that
offence and liable to the penalty for it, irrespective
of whether the body corporate has been
prosecuted for, or convicted or found guilty of, the
offence.
(3) If a court convicts or finds a person guilty of an
offence against this section, the Clerk or other
proper officer of the court must notify the Board
and the Secretary in writing of the conviction or
finding.
(4) This section does not apply to the employer of a
registered pharmacist providing pharmacy
services from a pharmacy department if the
employer is a registered funded agency, private
hospital or privately-operated hospital within the
meaning of the Health Services Act 1988.
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94. Convicted offenders may be prohibited from
carrying on pharmacy business
(1) The Board or the Secretary may by notice in
writing given to a person who has been convicted
of or found guilty of an offence against section 93
prohibit the person from owning or having a
proprietary interest in a pharmacy business or
from carrying on a pharmacy business.
(2) The prohibition may be expressed to apply—
(a) for a fixed period (in which case the
prohibition remains in force only for that
fixed period); or
(b) for an unlimited period subject to an
entitlement to apply after a specified time for
the lifting of the prohibition (in which case
the prohibition remains in force until it is
lifted); or
(c) to specified premises.
(3) A prohibition may not be imposed under this
section unless the Board or the Secretary is of the
opinion that the person is not a fit and proper
person to carry on a pharmacy business.
(4) The Board or the Secretary is entitled to presume,
in the absence of evidence to the contrary, that a
person who has been convicted of or found guilty
of an offence against section 93 on 2 or more
occasions in any period of 10 years is not a fit and
proper person to carry on a pharmacy business.
(5) A prohibition under this section may be limited in
its operation in the following ways—
(a) it may be limited to specified premises, but
only if the person concerned carries on a
pharmacy business at those premises and at
other premises;
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(b) it may be limited to premises within a
specified area;
(c) it may be limited in any other way specified
by the Board or the Secretary.
(6) If a prohibition under this section is subject to an
entitlement to apply after a specified time for the
prohibition to be lifted, the application may be
made to the Board or the Secretary after that time.
(7) The Board or the Secretary may lift the
prohibition or confirm the prohibition and set a
further period after which an application for the
prohibition to be lifted can be made under this
section.
95. Offence of carrying on pharmacy business while
prohibited
A person must not in contravention of a
prohibition under this Part own or have a
proprietary interest in a pharmacy business or
carry on a pharmacy business.
Penalty: 240 penalty units in the case of a
natural person and 600 penalty units in
the case of a body corporate.
96. Effect of appeal against conviction
A prohibition under this Part has no effect while
an appeal is pending against the conviction or
finding of guilt for the offence on which the
prohibition is based.
97. Power to require information from convicted
persons
(1) If a body corporate is convicted of or found guilty
of an offence against section 93 or 95 the Board or
the Secretary may require certain persons to
provide specified information to the Board or the
Secretary, as provided by this section.
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(2) The body corporate may be required to provide
information that the Board or the Secretary may
reasonably require to ascertain the identity of each
person who is an officer of the body corporate or
is concerned in or takes part in the management of
the body corporate.
(3) A person whom the Board or the Secretary
reasonably believes is an officer of the body
corporate or is concerned in or takes part in the
management of the body corporate may be
required to provide information that the Board or
the Secretary may reasonably require to ascertain
the identity of each body corporate in which that
person has a management role.
(4) A requirement to provide information is to be
imposed by direction in writing served on the
person or body corporate concerned.
(5) The direction must specify a period of not less
than 7 days as the period within which the
required information must be provided.
(6) A person must not fail without reasonable excuse
to comply with a requirement under this section.
Penalty: 120 penalty units in the case of a
natural person and 240 penalty units in
the case of a body corporate.
(7) A person must not provide information that the
person believes is false or misleading in a material
particular.
Penalty: 240 penalty units in the case of a
natural person and 600 penalty units in
the case of a body corporate.
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98. Register of prohibitions
(1) The Board must cause to be kept and published a
register of all persons who are prohibited under
section 94 from owning or having a proprietary
interest in, or carrying on a pharmacy business.
(2) The following particulars must be included on the
register against the name of the person to whom
they apply—
(a) any current prohibition under section 94;
(b) the period for which the prohibition is in
force;
(c) if the prohibition is limited to specified
premises, the address or a description of
those premises;
(d) if the prohibition is limited to premises in a
specified area, a description of the area;
(e) if the prohibition is limited in any other way
by the Board or the Secretary, a description
of that limitation.
(3) The register may be inspected at the office of the
Board by any person during ordinary office hours
without charge.
(4) A person may obtain a copy of or an extract from
the register without charge.
99. Evidentiary certificate
A certificate purporting to be signed by the
President or any 2 members of the Board to the
effect that the person specified in the certificate is
or was prohibited under this Part from owning or
having a proprietary interest in, or carrying on a
pharmacy business during a period specified in the
certificate is evidence, and, in the absence of
evidence to the contrary, is proof of the matters
stated in it.
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100. Secretary to notify Board of prohibitions
If the Secretary has given notice of a prohibition
under section 94, the Secretary must advise the
Board of that prohibition.
101. Advertising
(1) A person must not advertise a pharmacy,
pharmacy business or pharmacy services in a
manner which—
(a) is or is intended to be false, misleading or
deceptive; or
(b) offers a discount, gift or other inducement to
attract clients to a pharmacy, pharmacist or
pharmacy business unless the advertisement
also sets out the terms and conditions of that
offer; or
(c) refers to, uses or quotes from testimonials or
purported testimonials; or
(d) creates an unreasonable expectation of
beneficial treatment; or
(e) directly or indirectly encourages the
indiscriminate or unnecessary use of
medicines.
Penalty: 60 penalty units in the case of a natural
person and 120 penalty units in the case
of a body corporate.
(2) If a body corporate contravenes sub-section (1),
an officer of the body corporate or any person
who is concerned in or takes part in the
management of that body corporate who was, in
any way, by act or omission, directly or indirectly,
knowingly concerned in or party to the
commission of the offence also commits an
offence under sub-section (1) and is liable for the
penalty applicable to a natural person for that
offence.
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(3) A person who, in good faith, publishes or prints an
advertisement which contravenes sub-section (1)
on behalf of another person, is not guilty of an
offence under that sub-section.
(4) A person who advertises a pharmacy, pharmacy
business or pharmacy services in a manner
otherwise than in compliance with this section is
guilty of a continuing offence and may be
convicted in respect of each day on which the
offence continues.
102. Advertising guidelines
(1) The Governor in Council may, on the
recommendation of the Minister, by notice
published in the Government Gazette, issue
guidelines about the minimum standards
formulated by the Board and approved by the
Minister for or with respect to the advertising of
pharmacies, pharmacy businesses or pharmacy
services.
(2) The Board must consult with any person
nominated by the Minister in formulating
guidelines for the consideration of the Minister.
(3) The Board must ensure that any guidelines that it
has formulated for approval of the Minister have
been notified with a request for public comment in
the Government Gazette, a newspaper circulating
generally throughout Victoria and in any
professional magazine, newsletter or journal
circulating amongst pharmacists in Victoria at
least 60 days before the guidelines are forwarded
to the Minister for consideration.
(4) The Board must have regard to any comments
received in response to a notice under this section
in formulating guidelines for the approval of the
Minister.
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(5) The Board must have regard to any guidelines
issued by the Governor in Council under this
section.
(6) A court may have regard to any guidelines issued
by the Governor in Council under this section.
103. Power of the courts to require corrective advertising
If, on the application of the Minister a court is
satisfied that there has been a contravention of
section 101(1)(a), (b), (c), (d) or (e) the court may
make either or both of the following orders—
(a) an order requiring any person involved in the
contravention to disclose any information
which is in the person's possession or to
which the person has access, which is
information or of a class of information
specified in the order—
(i) to the public or any person or class of
persons specified in the order; and
(ii) in the manner specified in the order;
(b) an order requiring any person involved in the
contravention to publish an advertisement in
the terms specified or determined in
accordance with the order—
(i) at the expense of the person; and
(ii) in the manner and at the times specified
in the order.
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PART 7—ADMINISTRATION
104. Establishment of Board
(1) There is established the Pharmacy Board of
Victoria.
(2) The Board—
(a) is a body corporate with perpetual
succession; and
(b) has a common seal; and
(c) may sue and be sued in its corporate name;
and
(d) may acquire, hold and dispose of real and
personal property; and
(e) may do and suffer all acts and things that a
body corporate may, by law, do and suffer.
(3) The common seal must be kept as directed by the
Board and must not be used except as authorised
by the Board.
(4) All courts must take judicial notice of the seal of
the Board on a document and, until the contrary is
proved, must presume that the document was
properly sealed.
105. Powers, functions and consultation requirements
(1) The Board has the following functions—
(a) to register persons who comply with the
requirements of this Act for registration so
that they may practise as pharmacists or
undertake clinical training in Victoria;
(b) to approve courses of study and clinical
training in pharmacy practice that provide
qualifications for registration as pharmacists;
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(c) to regulate the standards of pharmacy
practice in the public interest;
(d) to investigate the professional
conduct, professional performance or ability
to practise of registered pharmacists and
impose sanctions where necessary;
(e) to investigate the ability of pharmacy
students to undertake clinical training and
impose sanctions where necessary;
(f) to issue and publish codes for the guidance
of registered pharmacists and registered
pharmacy students about standards
recommended by the Board relating to the
provision of pharmacy services and about
professional performance;
(g) to issue and publish guidelines about the
minimum terms and conditions of
professional indemnity insurance for
registered pharmacists;
(h) to approve pharmacies, pharmacy
businesses, pharmacy departments and
pharmacy depots;
(i) to initiate, promote, support or participate in
programs that the Board considers will
improve pharmacists' ability to practise as
pharmacists and pharmacy students' ability
to undertake clinical training as part of their
course of study or supervised training
without being affected by any matter referred
to in section 41(4) and to protect the public
from those pharmacists or students and to
provide funding for those programs;
(j) to advise the Minister on any matters relating
to its functions;
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(k) to report to the Minister any concern that the
Board has about the health system in
Victoria that arises from the Board carrying
out its functions under this Act;
(l) when so requested by the Minister, give to
the Minister any information reasonably
required by the Minister;
(m) any other functions conferred on the Board
by this Act.
(2) The Board has all the powers necessary to enable
it to perform its functions.
(3) In carrying out its functions and exercising its
powers, the Board must—
(a) consult with the Minister and have regard to
the Minister's advice; and
(b) have regard to the following objectives—
(i) to promote the safe prescribing,
dispensing and use of medicines;
(ii) to minimise the community's exposure
to health risks associated with the
provision of pharmacy services;
(iii) to promote the community's access to
pharmacy services.
(4) The Board must consult with the Minister and
registered pharmacists before publishing any
codes referred to in sub-section (1)(f).
106. Membership of the Board
(1) The Board consists of at least 10 and not more
than 12 members nominated by the Minister and
appointed by the Governor in Council.
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(2) Of the persons appointed to the Board—
(a) 6 must be registered pharmacists; and
(b) 1 must be a lawyer; and
(c) 3 must be persons who are not pharmacists.
107. Terms of office
(1) A member of the Board holds office for the
period, not exceeding 3 years, that is specified in
the instrument of appointment of the member.
(2) A member of the Board is eligible for
reappointment.
(3) The Public Sector Management and
Employment Act 1998 (except in accordance
with Part 7 of that Act) does not apply to a
member in respect of the office of member.
(4) Despite sub-section (1) and anything to the
contrary in the member's instrument of
appointment, a member may, with the consent of
the Minister, continue to hold office at the end of
his or her appointment for a period not exceeding
3 months to enable the vacancy in the member's
office to be filled.
108. Resignation and removal
(1) A member of the Board ceases to be a member if
he or she is absent, without leave first being
granted by the Board, from 3 consecutive
meetings of which reasonable notice has been
given to that member, either personally or by post.
(2) A member of the Board may resign the office of
member by writing signed by the member and
addressed to the Minister.
(3) The Governor in Council may at any time remove
a member of the Board from office.
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(4) If a member of the Board dies, resigns or is
removed from office, the Governor in Council
may, in accordance with this Act, on the
recommendation of the Minister, fill the vacant
office.
(5) A member appointed under sub-section (4) holds
office for the rest of the term of appointment of
the member whose place he or she fills.
109. President and Deputy President
(1) The Governor in Council may appoint members of
the Board to be President and Deputy President of
the Board.
(2) A person appointed to an office under subsection (1) holds office for the term specified in
his or her instrument of appointment and is
eligible for reappointment.
(3) A person appointed to an office under subsection (1) may resign that office by writing
signed by the person and addressed to the
Governor in Council.
(4) The Governor in Council may at any time remove
a person appointed under sub-section (1) from
office.
(5) A person appointed to an office under subsection (1) ceases to hold that office on ceasing to
be a member of the Board.
110. Acting member
(1) If a member of the Board is unable to perform the
duties or functions of the office, the Governor in
Council may appoint a person qualified to be
appointed as that member to act as the member
during the period of inability.
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(2) The Governor in Council—
(a) subject to this Act, may determine the terms
and conditions of appointment of an acting
member; and
(b) may at any time terminate the appointment.
(3) While the appointment of an acting member
remains in force, the acting member has and may
exercise all the powers and perform all the duties
and functions of the member.
111. Payment of members
(1) A member or acting member of the Board, other
than a member who is an employee of the public
service within the meaning of the Public Sector
Management and Employment Act 1998, is
entitled to receive the fees that are fixed from time
to time by the Governor in Council for that
member.
(2) Each member or acting member of the Board is
entitled to receive the allowances that are fixed
from time to time by the Governor in Council.
112. Procedure of Board
(1) The President or, in the absence of the President,
the Deputy President, must preside at a meeting of
the Board at which he or she is present.
(2) If neither the President nor Deputy President are
present at a meeting the members present may
elect a member to preside at the meeting.
(3) The person presiding at a meeting has a
deliberative vote and a second or casting vote.
(4) A majority of the members of the Board currently
holding office constitutes a quorum.
(5) Subject to this Act the Board may regulate its own
proceedings.
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113. Effect of vacancy or defect
An act or decision of the Board is not invalid only
because—
(a) of a vacancy in its membership; or
(b) of a defect or irregularity in the appointment
of any of its members; or
(c) in the case of an acting member, the occasion
for that member so acting had not arisen or
had ceased.
114. Member's interests
(1) A member who has a pecuniary or other interest in
any matter in which the Board is concerned
must—
(a) if the member is present at a meeting of the
Board at which the matter is to be
considered, disclose the nature of the interest
immediately before the consideration of that
matter; or
(b) if the member is aware that the matter is to
be considered at a meeting of the Board at
which the member does not intend to be
present, disclose the nature of the interest to
the President or Deputy President of the
Board before the meeting is held.
(2) The member—
(a) may take part in the discussion in the
meeting; and
(b) must leave the meeting while any vote is
taken on a question relating to the matter.
109
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s. 115
115. Resolutions without meetings
(1) If—
(a) the Board has taken reasonable steps to give
notice to each member setting out the terms
of a proposed resolution; and
(b) a majority of the members for the time being
sign a document containing a statement that
they are in favour of the resolution in the
terms set out in the document—
a resolution in those terms is deemed to have been
passed at a meeting of the Board held on the day
on which the document is signed or, if the
members referred to in paragraph (b) do not sign it
on the same day, on the day on which the last of
those members signs the document.
(2) If a resolution is, under sub-section (1), deemed to
have been passed at a meeting of the Board, each
member must as soon as practicable be advised of
the matter and given a copy of the resolution.
(3) For the purposes of sub-section (1), 2 or more
separate documents containing a statement in
identical terms, each of which is signed by one or
more members, are deemed to constitute one
document.
(4) The majority of members referred to in subsection (1)(b) must not include a member who,
because of section 114, is not entitled to vote on
the resolution.
(5) This section does not apply to any resolution of
the Board relating to a matter being considered
under Part 4.
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116. Approved methods of communication for Board
(1) If not less than two-thirds of the members of the
Board for the time being holding office so agree, a
meeting of the Board may be held by means of a
method of communication, or by means of a
combination of methods of communication,
approved by the President of the Board for the
purposes of that meeting.
(2) For the purposes of this Part, a member of the
Board who participates in a meeting held as
permitted by sub-section (1) is present at the
meeting even if he or she is not physically present
at the same place as another member participating
in the meeting.
(3) This section—
(a) applies to a meeting or a part of a meeting;
(b) does not apply to a meeting conducted for
the purposes of Part 4.
117. Immunity
(1) A member of the Board, the Registrar or a
member of a panel appointed by the Board to
exercise powers or discharge duties under this Act
is not personally liable for anything done or
omitted to be done in good faith—
(a) in the exercise of a power or the discharge of
a duty under this Act; or
(b) in the reasonable belief that the act or
omission was in the exercise of a power or
the discharge of a duty under this Act.
(2) Any liability resulting from an act or omission
that would but for sub-section (1), attach to a
member of the Board, the Registrar or the member
of the panel, attaches instead to the Board.
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s. 118
118. Staff
The Board may employ a person to be responsible
for maintaining the Register and any other persons
that are necessary for the purposes of
administering this Act.
119. Delegation
The Board may, in writing, delegate to—
(a) a member of the Board; or
(b) the person responsible for maintaining the
Register or any other member of the staff of
the Board—
its powers and functions under this Act, other
than—
(c) the power to refuse to grant or refuse to
renew registration or endorsement of
registration; or
(d) the power to impose or to amend, vary or
revoke conditions on registration or
endorsement of registration; or
(e) the power to refuse to approve an application
under Part 3 or revoke an approval under
Part 3; or
(f) the power to conduct any hearing or to make
any determination under Part 2 or Part 4; or
(g) this power to delegate.
__________________
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PART 8—REPORTING AND FINANCIAL PROVISIONS
120. Pharmacy Board Fund
(1) The Board must establish and keep a Pharmacy
Board Fund.
(2) All fees, fines and penalties paid or recovered by
the Board under this Act must be paid into the
Fund.
(3) The Board must pay any other money received by
it into the Fund, including income from the
investments of the Fund.
(4) Out of the Fund, the Board must pay—
(a) the expenses incurred by it in carrying out its
functions, powers and duties; and
(b) expenses incurred in initiating, promoting,
supporting or participating in programs
referred to in section 105(1)(i) and providing
funding for those programs; and
(c) any other expenses incurred in the
administration of this Act; and
(d) any payments to be made to members of the
Board under this Act and any payments to be
made to other persons under this Act; and
(e) any other payments recommended by the
Board and approved by the Minister.
121. Investment powers
The Board may invest money credited to the Fund
that it does not immediately require—
(a) in any manner in which money may be
invested under the Trustee Act 1958; or
(b) in any other manner that the Minister
approves.
113
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122. Powers of Board in relation to fees
(1) In the case of any fee which the Board is
empowered to fix under this Act—
(a) the Board must fix the fee for a period of
12 months and may amend or vary the fee at
the end of that period; and
(b) the Board may fix a different fee for a
different case and may allow for the
reduction, waiver or refund, in whole or in
part, of any fee; and
(c) the Board must publish any fee it has fixed in
the Government Gazette.
(2) In fixing fees under this Act the Board is entitled
to ensure that the amount of money collected in
fees under this Act is sufficient to cover the cost
to the Board of administering this Act.
123. Repayment of advances
(1) The Board must pay into the Public Account any
amounts that the Minister administering
section 14 of the Financial Management Act
1994, in consultation with the Treasurer,
determines are required to repay advances from
the Public Account for the operation of the Board.
(2) Payments under sub-section (1) must be made in
accordance with any other terms and conditions
from time to time determined by the Minister
administering section 14 of the Financial
Management Act 1994 in consultation with the
Treasurer.
(3) The Board must, as and when directed to do so by
the Minister administering section 14 of the
Financial Management Act 1994, provide a plan
for the repayment of advances referred to in subsection (1).
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(4) The Board must at any time that the Minister
administering section 14 of the Financial
Management Act 1994 directs it to do so, report
to that Minister in writing on its progress in
making payments under sub-section (1).
__________________
115
s. 123
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s. 124
Part 9—Enforcement and Supplementary Provisions
PART 9—ENFORCEMENT AND SUPPLEMENTARY
PROVISIONS
124. Proceedings for offences
(1) The Registrar or any other person employed by
the Board under section 118 who is authorised by
the Board may take proceedings under this Act in
the name of the Board.
(2) Any prosecution instituted in the name of the
Board must, in the absence of evidence to the
contrary, be taken to have been instituted by the
Board.
(3) A person authorised by the Secretary under the
Health Act 1958 may, in addition to any other
person referred to in sub-section (1), take
proceedings for an offence against section 93, 95
or 97.
125. Authorisation of persons to assist in enforcement
(1) The Board may authorise the Registrar or any
other person employed by the Board under
section 118 to carry out the functions and exercise
powers under this Part.
(2) A person authorised by the Secretary under the
Health Act 1958, in relation to a contravention of
section 93, 95 or 97, may carry out the functions
and may exercise the powers of a person
authorised by the Board for the purposes of this
Part.
126. Identification
(1) The Board must issue an identification card to
each person authorised by the Board to carry out
functions and exercise powers under this Part for
the purposes of this Act.
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(2) The Secretary must issue an identification card to
each person authorised by the Secretary to carry
out functions and exercise powers under this Part
for the purposes of section 93, 95 or 97.
(3) An authorised person must produce his or her
identity card for inspection—
(a) before exercising a power under this Part
other than a requirement made by post; and
(b) at any time during the exercise of a power
under this Part, if asked to do so.
Penalty: 10 penalty units.
127. Powers of entry to pharmacies
(1) In order to ascertain whether the provisions of this
Act and the regulations are being complied with
an authorised person—
(a) may enter upon the premises of any
pharmacy business, pharmacy department or
pharmacy depot or other place where
medicines are supplied, compounded or
dispensed; and
(b) may examine any room or part of the
premises so entered for the purpose of
inspecting stocks of medicines and other
goods in the premises or any equipment,
prescriptions, or other documents in the
premises; and
(c) may make or cause to be made copies of or
extracts from documents in the premises.
(2) An authorised person may only enter the premises
of a pharmacy business, pharmacy department or
pharmacy depot when the pharmacy business,
pharmacy department or pharmacy depot is open
for business or providing pharmacy services.
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(3) A copy of, or extract from, a document certified as
correct by an authorised person is deemed to be a
true and correct copy or extract for the purposes of
any investigation or hearing under this Act or any
review of any decision of the Board.
(4) A person must not—
(a) refuse or fail to admit an authorised person
requesting to enter upon premises under this
section; or
(b) cause or permit the refusal or failure referred
to in paragraph (a).
128. Board may examine documents
The Board may—
(a) require a registered pharmacist or a person
approved under section 26 to submit for
examination at its offices any documents
kept by the pharmacist or person in
connection with the carrying on of a
pharmacy business; and
(b) direct that—
(i) copies of or extracts from the
documents be made and certified by the
Registrar as true and correct copies or
extracts for the purpose of any
investigation or hearing under this Act
or any review of any decision of the
Board; or
(ii) the documents or any part of them be
held by the Registrar in accordance
with this Part for the purpose of any
investigation or hearing under this Act
or any review of any decision of the
Board.
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129. Powers of entry with warrant
(1) A person appointed for that purpose by the Board
may apply to a magistrate for the issue of a search
warrant in relation to particular premises if that
person believes, on reasonable grounds—
(a) that there is or has been a contravention of
this Act or the regulations on the premises;
or
(b) that entry into or onto the premises is
necessary for the purpose of investigating a
matter in a notification made under this Act
which, if substantiated, may provide grounds
for the suspension or cancellation of
registration of a pharmacist or pharmacy
student or the revocation of the approval of a
pharmacy business, pharmacy department or
pharmacy depot.
(2) If a magistrate is satisfied by evidence on oath,
whether oral or by affidavit, that there are
reasonable grounds for suspecting that there is on
the premises a particular thing that may be
evidence of the commission of an offence against
this Act or the regulations or of grounds for the
suspension or cancellation of the registration of a
pharmacist or pharmacy student or the revocation
of the approval of a pharmacy business, pharmacy
department or pharmacy depot, the magistrate
may issue a search warrant authorising any person
named in the warrant—
(a) to enter the premises or the part of the
premises named or described in the warrant;
and
(b) to search for and seize a thing named or
described in the warrant; and
(c) to bring the thing before the Court so that the
matter may be dealt with according to law.
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(3) A search warrant must be issued in accordance
with the Magistrates' Court Act 1989 and in a
form prescribed under that Act.
(4) In addition to any other requirement, a search
warrant issued for the purposes of this section
must state—
(a) the offence or grounds of suspension or
cancellation suspected; and
(b) the premises to be searched; and
(c) the name or a description of the thing to be
searched for; and
(d) any conditions to which the warrant is
subject; and
(e) whether entry is authorised to be made at any
time or during stated hours; and
(f) a day, not later than 7 days after the issue of
the warrant, on which the warrant ceases to
have effect.
(5) The rules to be observed with respect to search
warrants mentioned in the Magistrates' Court
Act 1989 extend and apply to warrants under this
section.
130. Announcement before entry
(1) Immediately before executing a search warrant, a
person named in the warrant must announce that
he or she is authorised by the warrant to enter the
premises.
(2) The person need not comply with sub-section (1)
if he or she believes on reasonable grounds that
immediate entry to the premises is required to
ensure the safety of any person or that the
effective execution of the search warrant is not
frustrated.
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131. Copy of warrant to be given
If the occupier or another person who apparently
represents the occupier is present at premises
when a search warrant is being executed, the
person or persons named in the warrant must—
(a) identify themselves to that person by
producing their identification card for
inspection by that person; and
(b) give to that person a copy of the execution
copy of the warrant.
132. Copies or receipts to be given
(1) If a person seizes—
(a) a document, disk or tape or other thing that
can be readily copied; or
(b) a storage device the information in which
can be readily copied—
under this Part the person, on request by the
occupier or the person from whom it was seized,
must give a copy of the thing or information to the
occupier or person as soon as practicable after the
seizure.
(2) If a person seizes a thing under this Part and has
not provided a copy of the thing or information
under sub-section (1) the person must provide a
receipt for that thing as soon as practicable after
the seizure.
133. Copies of seized documents
(1) If an authorised person retains possession of a
document taken or seized from a person under this
Part, the authorised person must give the person,
within 21 days of the seizure, a copy of the
document certified as correct by the authorised
person.
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(2) A copy of a document certified under sub-section
(1) shall be received in all courts and tribunals to
be evidence of equal validity to the original.
134. Retention and return of seized documents or things
(1) If an authorised person seizes a document or other
thing under this Part, the authorised person must
take reasonable steps to return the document or
thing to the person from whom it was seized if the
reason for its seizure no longer exists.
(2) If the document or thing seized has not been
returned within 3 months after it was seized, the
authorised person must take reasonable steps to
return it unless—
(a) proceedings for the purpose for which the
document or thing was retained have
commenced within that 3 month period and
those proceedings (including any appeal)
have not been completed; or
(b) the Magistrates' Court makes an order under
section 135 extending the period during
which the document or thing may be
retained.
135. Magistrates' Court may extend 3 month period
(1) An authorised person may apply to the
Magistrates' Court—
(a) within 3 months after seizing a document or
other thing under this Part; or
(b) if an extension has been granted under this
section, before the end of the period of the
extension—
for an extension (not exceeding 3 months) of the
period for which the authorised person may retain
the document or thing but so that the total period
of retention does not exceed 12 months.
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(2) The Magistrates' Court may order such an
extension if it is satisfied that—
(a) it is in the interests of justice; and
(b) the total period of retention does not exceed
12 months; and
(c) retention of the document or other thing is
necessary—
(i) for the purposes of an investigation into
whether a contravention of this Act or
the regulations has occurred; or
(ii) to enable evidence of a contravention of
this Act or the regulations to be
obtained for the purposes of a
proceeding under this Act; or
(iii) for the purpose of investigating a matter
in a notification made under this Act
which, if substantiated, may provide
grounds for the suspension or
cancellation of registration of a
pharmacist or pharmacy student or the
revocation of the approval of a
pharmacy business, pharmacy
department or pharmacy depot.
(3) At least 7 days prior to the hearing of an
application under this section, notice of the
application must be sent to the owner of the
document or thing described in the application.
136. Protection against self-incrimination
(1) It is a reasonable excuse for a natural person to
refuse or fail to give information or do any other
thing that the person is required to do by or under
this Act (except under section 25(7)), if the giving
of the information or the doing of that other thing
would tend to incriminate the person.
123
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s. 137
Part 9—Enforcement and Supplementary Provisions
(2) Despite sub-section (1), it is not a reasonable
excuse for a natural person to refuse or fail to
produce a document that the person is required to
produce by or under this Act, if the production of
the document would tend to incriminate the
person.
137. Offence to give false or misleading information
A person must not—
(a) give information to an authorised person
under this Part that the person believes to be
false or misleading in any material
particular; or
(b) produce a document to an authorised person
under this Part that the person knows to be
false or misleading in a material particular
without indicating the respect in which it is
false or misleading and, if practicable,
providing correct information.
Penalty: 60 penalty units.
138. Offence to hinder or obstruct authorised person
A person must not, without reasonable excuse,
hinder or obstruct an authorised person who is
exercising a power under this Part.
Penalty: 60 penalty units.
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Part 10—General
PART 10—GENERAL
139. Regulations
(1) The Governor in Council may make regulations
for or with respect to—
(a) registration, including periods of registration,
and renewal of registration, and applications
for registration and renewal of registration;
(b) the Register, including particulars to be
noted on the Register and the manner of
keeping the Register;
(c) the approval of pharmacies, pharmacy
businesses, pharmacy departments and
pharmacy depots;
(d) the maintenance by registered pharmacists of
records of dispensing of medicines;
(e) forms for the purposes of this Act;
(f) time limits for the purposes of this Act;
(g) penalties, not exceeding 10 penalty units, for
breaches of the regulations;
(h) any matter or thing required or permitted to
be prescribed or necessary to be prescribed
to give effect to this Act.
(2) The regulations—
(a) may be of general or limited application; and
(b) may differ according to differences in time,
place or circumstance; and
(c) may apply, adopt or incorporate any matter
contained in any document, code, standard,
rule, specification, or method, formulated,
issued, prescribed or published by any
person whether—
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Part 10—General
(i) wholly or partially or as amended by
the regulations; or
(ii) as formulated, issued, prescribed or
published at the time the regulations are
made or at any time before then; or
(iii) as formulated, issued, prescribed or
published from time to time; and
(d) may leave anything for the approval or
satisfaction of a specified person.
__________________
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Part 11—Savings and Transitionals
s. 140
PART 11—SAVINGS AND TRANSITIONALS
Division 1—Savings and Transitional
140. Definitions
In this Part—
"new Board" means the Pharmacy Board of
Victoria established under this Act;
"old Act" means the Pharmacists Act 1974 as in
force immediately before its repeal;
"old Board" means the Pharmacy Board of
Victoria established under the old Act.
141. Repeal
The Pharmacists Act 1974 is repealed.
142. Board succeeds old Board
(1) On the commencement of this section—
(a) the old Board is abolished and its members
go out of office; and
(b) any rights, assets, liabilities and obligations
of the old Board, immediately before its
abolition, become rights, assets, liabilities
and obligations of the new Board; and
127
See:
Act No.
8593.
Reprint No. 3
as at
1 January
2000 and
amending
Act Nos
18/2000,
33/2001,
44/2001 and
98/2003.
LawToday:
www.dms.
dpc.vic.
gov.au
Pharmacy Practice Act 2004
Act No. 80/2004
s. 143
Part 11—Savings and Transitionals
(c) the new Board is substituted for the old
Board as a party in any proceeding, contract,
agreement or arrangement commenced or
made by, against or in relation to the old
Board; and
(d) the new Board may continue and complete
any other continuing matter or thing
commenced by, against or in relation to the
old Board.
(2) On and from the commencement of this section,
the assets that become assets of the new Board
under sub-section (1)—
(a) if they are moneys or amounts standing to
the credit of any fund or account of the old
Board, must be taken to form part of the
Pharmacy Board Fund; and
(b) if they are assets in which the funds of the
old Board have been invested, must be taken
to be investments of the Pharmacy Board
Fund.
(3) A reference in any Act (other than this Act) or in
any subordinate instrument within the meaning of
the Interpretation of Legislation Act 1984 to the
old Board must, on and after the commencement
of this section, be construed as a reference to the
new Board established under this Act unless the
context otherwise requires.
143. Proceedings before the old Board
(1) If an investigation or inquiry into the activities or
physical or mental health of a registered
pharmacist under the old Act has commenced but
not been completed before the commencement of
Part 4 of this Act—
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(a) that investigation or inquiry may be
completed on and after that date; and
(b) any appeal or other further proceedings
which might have been taken in relation to
that investigation or inquiry under the old
Act might be taken on and after that date—
by the old Board as if this Act had not been
enacted.
(2) The new Board must give effect to a decision
made on an inquiry, investigation or appeal
completed by the old Board as if it were a
decision under this Act.
144. Application of this Act to conduct occurring before
commencement of this Act
(1) In the case of activities of a person who is deemed
by section 145 to be a registered pharmacist under
this Act which occurred before the
commencement of Part 4 and in respect of which
no proceedings have been commenced under the
old Act, this Act applies to the extent that there
was power to conduct an inquiry under the old Act
into those activities.
(2) Any determination or outcome of a hearing into
those activities must be one that would have been
available as a finding or decision in an inquiry by
the Board under the old Act.
(3) This section does not apply to activities that are
the subject of proceedings to which section 143
applies.
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s. 145
Part 11—Savings and Transitionals
145. Existing registrations
(1) A person who was registered as a pharmacist
under the old Act immediately before the
commencement of Part 2 of this Act is deemed to
have general registration under this Act.
(2) A person who held a certificate of temporary
registration under section 16 of the old Act that
was in force immediately before the
commencement of Part 2 of this Act is deemed to
have specific registration under section 7 of this
Act.
(3) If a person is deemed to be registered under this
section and the registration of that person under
the old Act, immediately before the
commencement of this Act, was suspended, the
registration of that person under this Act is
deemed to be suspended for the remainder of the
period for which that person's registration would
have been suspended under the old Act.
(4) If a person is deemed to be registered under this
section and the registration of that person under
the old Act, immediately before the
commencement of this Act, was subject to
conditions, the registration of that person under
this Act is deemed to be subject to the same
conditions as those to which the registration under
the old Act was subject.
(5) The registration of a person who is deemed to be
registered under this section expires (unless
sooner cancelled) at the end of the period for
which the person was registered under the old Act.
(6) A reference in any Act (other than this Act) or a
subordinate instrument within the meaning of the
Interpretation of Legislation Act 1984 to a
pharmacist registered under the old Act who is
deemed by sub-section (1) to be registered under
130
Pharmacy Practice Act 2004
Act No. 80/2004
Part 11—Savings and Transitionals
this Act must, on and after the commencement of
this section, be construed as a reference to a
pharmacist registered under this Act unless the
context otherwise requires.
146. Existing pharmacies, pharmacy departments and
pharmacy depots
(1) If a pharmacy business, pharmacy department or
pharmacy depot was carried on from premises that
were approved by the old Board before the
commencement of section 141—
(a) in the case of a pharmacy business operated
from a pharmacy within the meaning of the
Pharmacists Act 1974—
(i) the premises continue to be approved
for 24 months after that commencement
under and subject to this Act; and
(ii) the pharmacy business that was carried
on from those premises before that date
is deemed to be approved for 24
months after that commencement to be
carried on subject to and in accordance
with this Act; and
(b) in the case of a pharmacy department or
pharmacy depot the premises and the
pharmacist department or pharmacy depot
that was carried on from those premises
before that date is deemed to be approved to
be carried on subject to and in accordance
with this Act.
(2) A person who—
(a) before the date of commencement of
section 141, owned or had a proprietary
interest in a pharmacy business that was
carried on from premises that were approved
by the old Board; and
131
s. 146
Pharmacy Practice Act 2004
Act No. 80/2004
s. 147
Part 11—Savings and Transitionals
(b) after that date, does not comply with section
25(1)—
may continue to own or have a proprietary interest
in the pharmacy business until 12 months after
that date and section 25(1) does not apply to that
person with respect to that period.
(3) Section 25(2) does not apply to a person who,
before the date on which this Act receives the
Royal Assent, owned or had a proprietary interest
in more than 5 pharmacy businesses carried on at
premises approved by the old Board before that
date or at premises approved by the new Board in
respect of any of those businesses.
(4) If a person referred to in sub-section (3) acquires
ownership or a proprietary interest in another
pharmacy business after the date on which this
Act receives the Royal Assent, the person's
ownership or interest in a pharmacy business
referred to in sub-section (3) as at the date of the
new acquisition must be taken into account in
calculating the number of pharmacy businesses
the person owns or has a proprietary interest in for
the purposes of section 25(2).
147. Cap on growth of pharmacy ownership for friendly
society type companies
(1) In this section, a reference to—
(a) "Assent date" is a reference to the day on
which this Act receives the Royal Assent;
(b) "own", in relation to a pharmacy business,
includes a reference to having a proprietary
interest in the pharmacy business.
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Part 11—Savings and Transitionals
(2) This section only applies—
(a) during the period commencing on the day
on which section 141 comes into operation
and ending at the end of the day that is the
fourth anniversary of the Assent date
("the applicable period"); and
(b) to a pharmacy business if the business is
carried on at premises approved by the old
Board before the commencement of
section 141 or approved by the new Board
on or after that date.
(3) A company referred to in section 25(1)(c), (d) or
(e) must not during the applicable period acquire
ownership of any pharmacy business, except in
accordance with this section.
(4) Sub-section (3) does not apply to a company
that—
(a) immediately before the Assent date, did not
own a pharmacy business or owned less than
6 pharmacy businesses and, after that date,
acquired ownership of any pharmacy
business so that the total number of
pharmacy businesses owned by the company
at any one time in the applicable period does
not exceed 6; or
(b) immediately before the Assent date, owned
6 or more pharmacy businesses and after the
Assent date, acquired ownership of any
additional pharmacy business so that the
total number of pharmacy businesses owned
by the company at any one time in the
applicable period does not exceed 30% more
than the number of pharmacy businesses that
the company owned immediately before the
Assent date.
133
s. 147
Pharmacy Practice Act 2004
Act No. 80/2004
s. 147
Part 11—Savings and Transitionals
(5) Sub-section (3) does not apply to a company
referred to in section 25(1)(e) that was formed by
amalgamation on or after the Assent date if the
number of pharmacy businesses the company
owns at any one time during the applicable period
does not exceed the total of the number of
pharmacy businesses referred to in paragraphs (a)
and (b) that were owned individually by each of
the companies that were amalgamated to form the
company—
(a) in the case of a company that formed part of
the amalgamation and, immediately before
the Assent date, did not own a pharmacy
business or owned less than 6 pharmacy
businesses, 6 pharmacy businesses; and
(b) in the case of any other company that formed
part of the amalgamation, 30% more than the
number of pharmacy businesses that the
company owned immediately before the
Assent date.
(6) For the purposes of this section, the number of
pharmacy businesses owned by a company
referred to in section 25(1)(c) includes any
pharmacy business owned by a wholly owned
subsidiary of that company if the subsidiary was
acquired or incorporated on or after the Assent
date.
(7) For the purposes of calculating the total number of
pharmacy businesses owned by a company under
sub-section (4)(b) or (5), the total number of
pharmacy businesses may be rounded up to the
next whole number.
(8) Despite sub-section (2)(a), the applicable period
for a company referred to in section 146(2) that
complies with section 25(1)(c), (d) or (e) within
12 months after the date on which section 141
comes into operation is the period commencing on
134
Pharmacy Practice Act 2004
Act No. 80/2004
Part 11—Savings and Transitionals
the day on which the company complies with
those requirements and ending at the end of the
day that is the fourth anniversary of the Assent
date.
148. Board and regulations continue under the old Act
(1) Despite section 4 of the Pharmacists Act 1974,
and the terms of appointment of members of the
Pharmacy Board of Victoria under that section,
the members of the Board who held office
immediately before the day on which this Act
receives the Royal Assent continue to hold office
subject to that Act until the day on which the
members of the Board are appointed and take
office under section 104 of this Act.
(2) The regulations made under the old Act that were
in force immediately before the day on which this
Act receives the Royal Assent continue, despite
the Subordinate Legislation Act 1994 and the
expiry clause in the regulations, until the date of
commencement of section 141.
149. Preparation of annual report
The new Board must prepare the annual reports
that the old Board would have been required to
prepare under section 5B of the old Act or the
Financial Management Act 1994 in respect of
any part of the financial year ending on 30 June
2005 during which the old Board operated.
Division 2—Consequential Amendments
150. Consequential amendments
The Acts mentioned in a heading to an item in
Schedule 2 are amended as set out in that item.
__________________
135
s. 148
Pharmacy Practice Act 2004
Act No. 80/2004
Sch. 1
SCHEDULES
SCHEDULE 1
MATTERS REQUIRED FOR APPROVAL
1. The premises are to be—
(a) laid out in a manner consistent with safe pharmacy practice;
(b) maintained in a clean and hygienic manner;
(c) maintained at a suitable temperature and humidity;
(d) equipped with the necessary equipment and reference material.
2. The different parts of the premises are properly situated and are secure
and suitable for the purposes for which they are to be used.
3. The general physical security of the premises is assured and the control
of keys or other entry devices is restricted to registered pharmacists
authorised by the person carrying on the pharmacy business or
pharmacy department.
4. There is no access to the dispensary of the pharmacy or pharmacy
department except under the direct supervision of a registered
pharmacist.
5. A registered pharmacist must be appointed to act as the pharmacist who
is regularly and usually in charge of the pharmacy or pharmacy
department when the pharmacy or pharmacy department is open for
business.
6. When the pharmacist who is appointed as the pharmacist who is
regularly and usually in charge of the pharmacy or pharmacy
department is absent or not available, another registered pharmacist
must be appointed to act as the pharmacist in charge of the pharmacy or
pharmacy department when the pharmacy or pharmacy department is
open for business.
7. A registered pharmacist must oversee the area of the pharmacy or
pharmacy department where pharmacy services are provided.
8. A registered pharmacist appointed to act as the pharmacist in charge
must oversee, supervise and monitor all registered pharmacists
providing pharmacy services in the pharmacy or pharmacy department
and any other staff who assist in the provision of pharmacy services.
136
Pharmacy Practice Act 2004
Act No. 80/2004
Sch. 1
9. Adequate arrangements are in place to ensure that—
(a) medicines are dispensed in accordance with an order or
prescription as far as the dispensing is consistent with the safety
of the person who is to use the medicines;
(b) medicines are not re-used after dispensing and after they have left
the pharmacy or pharmacy department;
(c) written records are kept of all medicines supplied, compounded or
dispensed and the records are kept confidential and secure;
(d) the sale of medicines particularly those known to be abused or
misused are supervised and monitored;
(e) therapeutic goods are not removed from the premises except with
the express permission of the registered pharmacist in charge of
the pharmacy or pharmacy department;
(f)
distance dispensing is carried out according to good
pharmaceutical practice;
(g) confidential discussions can occur between pharmacists and their
clients in privacy.
__________________
137
Pharmacy Practice Act 2004
Act No. 80/2004
Sch. 2
SCHEDULE 2
CONSEQUENTIAL AMENDMENTS
1. Child Employment Act 2003
In section 3, for the definition of "registered pharmacist"
substitute—
' "registered pharmacist" means a registered pharmacist
within the meaning of the Pharmacy Practice Act
2004;'.
2. Drugs, Poisons and Controlled Substances Act 1981
2.1 In section 4(1)—
(a) in paragraph (b) of the definition of "authorised
practitioner", for "section 16A of the Pharmacists
Act 1974" substitute "section 11 of the Pharmacy
Practice Act 2004";
(b) for the definition of "pharmacist" substitute—
' "pharmacist" means a registered pharmacist within
the meaning of the Pharmacy Practice Act
2004;'.
2.2 For section 4(2)(a) and (b) substitute—
"(a) premises used for sale by retail and approved under
section 26 of the Pharmacy Practice Act 2004; or
(b) premises used for sale by retail in circumstances
approved under section 31(1)(b) of the Pharmacy
Practice Act 2004; or
(c) a pharmacy department approved under section 26 of
that Act—".
2.3 In section 7 for "the Pharmacists Act 1974" substitute "the
Pharmacy Practice Act 2004".
2.4 After section 13(5) insert—
"(6) A person who is approved to carry on a pharmacy
business or pharmacy depot under Part 3 of the
Pharmacy Practice Act 2004 is authorized to sell or
supply by retail, subject to and in accordance with this
Act and regulations, any poison or controlled
substance or drug of dependence if the sale or supply
is under the supervision of a registered pharmacist
138
Pharmacy Practice Act 2004
Act No. 80/2004
Sch. 2
who is employed or engaged by that person to provide
pharmacy services for that pharmacy business or
pharmacy depot.".
2.5 For section 130(b) substitute—
"(b) as unprofessional conduct within the meaning and for
the purposes of the Pharmacy Practice Act 2004;".
3. Health Practitioners (Special Events Exemption) Act 1999
3.1 In section 3, in the definition of "health registration Act", for
paragraph (h) substitute—
"(h) the Pharmacy Practice Act 2004;".
3.2 In section 16(2), for "Pharmacists Act 1974" substitute
"Pharmacy Practice Act 2004".
4. Medical Practice Act 1994
In section 37(2), for paragraph (d) of the definition of
"registered health practitioner" substitute—
"(d) pharmacists registered under the Pharmacy Practice
Act 2004;".
5. Road Safety Act 1986
In section 3(1), for the definition of "pharmacist"
substitute—
' "pharmacist" means a registered pharmacist within the
meaning of the Pharmacy Practice Act 2004;'.
═══════════════
139
Pharmacy Practice Act 2004
Act No. 80/2004
Endnotes
ENDNOTES
†
Minister's second reading speech—
Legislative Assembly: 13 May 2004
Legislative Council: 10 November 2004
The long title for the Bill for this Act was "to regulate the practice of
pharmacists, to establish the Pharmacy Board of Victoria and the
Pharmacy Board Fund, to repeal the Pharmacists Act 1974 and to make
consequential amendments to other Acts and for other purposes."
140
Pharmacy Practice Act 2004
Act No. 80/2004
INDEX
Subject
Section
Ability to practise
agreements to alter practice
danger posed to public health and safety
formal hearings
in investigations of professional performance
investigations
medical examinations, reports
notifications
requests, agreements for conditions, suspension
unfitness, impairment as grounds for refusing
registration
Act
commencement
consequential amendments
purposes
repeals
savings and transitional provisions
Advertising
Alcoholics
Authorised persons
authorisation
definition
entry powers without warrant
hindrance, obstruction of
identification
persons authorised under Health Act 1958
power to bring proceedings
search warrants and seizure
Board See Pharmacy Board of Victoria
Chinese herbal dispensing services
Clinical training See Pharmacy students; Training
Compensation claims
Complaints See Notifications
Counselling
Damages claims
Definitions
Dispensing of medicines
Drug-dependent persons
Entry powers
Evidence
Fees
approval of businesses, departments, depots
Board's powers
copies of, extracts from Register
payment into Fund
registration
141
43, 48
43
41, 49–50, 78
59
41, 42, 45–48
45–47
38–40
42, 44, 48
6
2
150, Sch. 2
1
141
140, 142–149
101–103
3, 6, 38, 41, 42, 50
125
3
127, 132–136
138
126, 131
124–126
124
129–136
11
4, 24
54, 58, 66, 69
4, 24
3, 32, 140
30–31, 34
3, 6, 38, 41, 42, 50
127, 129–131
22, 99
36
122
20
120
4, 6, 11, 12, 16
Pharmacy Practice Act 2004
Act No. 80/2004
Subject
Section
Formal hearings
general provisions
application of Part 4, Division 5
conduct, procedure and powers
determinations
establishment
notice requirements
panels
preliminary conferences
protection of notifiers, witnesses, pharmacists
into ability to practise
into fraudulent registration and qualifications
into professional conduct
into professional performance
referral to
review of findings, determinations
suspension of registration before or during
Fund See Pharmacy Board Fund
Health Services Commissioner
Hospital pharmacies See Pharmacy departments
Informal hearings
application of Part 4, Division 5
determinations
into professional conduct
into professional performance
procedure
suspension of registration before or during
Inquiries (under old Act)
Investigations
into ability to practise, undertake clinical training
into persons no longer registered
into professional conduct
into professional performance
preliminary investigations
suspension of registration during
transitional provisions
See also Formal hearings; Informal hearings
Medical examinations and reports
of practitioners, students investigated for
ability to practise, undertake clinical training
professional conduct
professional performance
Minister
Notifications
dealt with by Health Services Commissioner
health records complaints treated as
making of
notice to notifiers of actions taken
notifiers (def.)
regarding persons no longer registered
See also Investigations
142
71
77–79
80–83
72
72, 74, 83
72–73, 79, 85
75–76
77, 84
41, 49–50, 78
19
41, 61, 67–70, 78
53, 54, 58–60
44, 49, 53, 58–60
86–87
43
3, 39–40
71
80–83
41, 61–68
53–54
78
43
143
45–48
70
61
45, 51–54
41, 42, 45
43
143–144
45–47
61
54, 58–59
102, 103, 105–108
39
40
38
55, 62, 72, 83, 87
3
38
Pharmacy Practice Act 2004
Act No. 80/2004
Subject
Section
Offences
by bodies corporate
convictions, committals, guilty findings
as grounds for investigations of students
as grounds for refusing registration
as grounds for revocation of approvals
notice to Board of
proceedings
regarding
advertising
authorised persons
disclosure of identifying information
false or misleading information
incitement to unprofessional conduct
information not provided
pharmacies, businesses, departments, depots
pharmacy students
prohibited persons
registration
Pharmacies
access to when closed
advertising
definition
fraud, false claims regarding approvals
notice of address
records of prescriptions
supervision by registered pharmacists
supply, compounding, dispensing of medicines
undue influence
See also Pharmacy businesses;
Pharmacy departments
Pharmacists See Registered pharmacists
Pharmacy Board Fund
Pharmacy Board of Victoria
acting members
approved methods of communication
consultation requirements
delegation
Deputy President
establishment
Fund
immunity of members
interests of members
investment powers
membership
payment of members
powers and functions in general
powers and functions regarding
advertising guidelines
authorised persons
examination of documents of businesses
143
93, 97, 101
41
6
37
4, 24
124
37, 101
126, 138
84
137
93, 95–97
24
25–26, 29–30, 32–
33, 35, 90–91
89
94–100
21, 23, 24, 88, 91
33
101–103
3
90–91
30
34
32
30–31, 34
92
120–121
110
116
105
119
109, 112
104
120–121
117
114
121
106
111
105
102
124–126
128
Pharmacy Practice Act 2004
Act No. 80/2004
Subject
Section
fees
proceedings for offences
prohibited persons
President
procedure
repayment of advances
resignation and removal
resolutions without meetings
staff
terms of office
transitional provisions
validity of decisions
See also Formal hearings; Informal hearings;
Investigations; Registration
Pharmacy businesses
advertising
approval of persons, premises, carrying on of
cessation, change of address
definition
fraud, forgery, false claims regarding approvals
information, documents regarding
ownership, proprietary interests in
persons approved to carry on
persons prohibited from owning, carrying on
restriction on growth of ownership
review of decisions regarding
revocation of approvals
transitional provisions
void provisions in instruments relating to
Pharmacy departments
access to when closed
address
approval obtained by fraud, forgery
approval of persons, premises, carrying on of
definition
notification of cessation
records of prescriptions
review of decisions regarding approvals
revocation of approvals
supervision by registered pharmacists
supply, compounding, dispensing of medicines
transitional provisions
Pharmacy depots
approval obtained by fraud, forgery
approval, revocation of approval
definition
review of decisions regarding
security
transitional provisions
144
120, 122
124
94, 97–100
109, 112
112
123
108
115
118
107
140, 142–144,
146–149
113
101–103
26, 27, 36, Sch. 1
29
3
90–91
25, 128
3, 25
25
94–100
147
86–87
37
146–147
92
33
30
91
26, 27, 36, Sch. 1
3
29
34
86–87
37
32
31, 34
146
91
28, 36–37
3
86–87
35
146
Pharmacy Practice Act 2004
Act No. 80/2004
Subject
Section
Pharmacy practice
address where pharmacist practises
studies in as requirement for registration, renewal
Pharmacy services
address where provided
advertising
changes to, not provided for over 2 years
definition
information regarding for renewal of registration
See also Pharmacy businesses;
Pharmacy departments;
Professional conduct
Pharmacy students
ability to undertake clinical training
agreements to alter ways of undertaking
danger posed to public health and safety
formal hearings
investigations
medical examinations, reports
notice of determinations
requests, agreements for conditions,
suspension of registration
change of address
registered pharmacy students (def.)
registration
unsupervised, unregistered students
Poisons See Schedule 1 poisons
Prescriptions
Professional conduct
agreements to alter practice
danger posed to public health and safety
formal hearings
incitement to unprofessional conduct
informal hearings
investigations
medical examinations, counselling
notifications
performance assessments, reviews
persons no longer registered
requests for conditions, suspension by pharmacist
suspension
unprofessional conduct (def.)
unprofessional conduct of a serious nature
Professional indemnity insurance
Professional performance
abandonment of assessments, reviews
agreements to alter practice
definition
formal hearings
informal hearings
investigations
issues of ability to practise in investigation of
145
4, 16, 23, 30
5, 7, 8, 17
20, 23
101–103
16, 24
3
16
43, 48, 86–87
43
41, 49–50
41, 42, 45–48
45–47
83
42, 44, 48
23
3
8
89
34
43, 86–87
43
41, 61, 67–69, 78
93–97
41, 61–68, 78
41, 42, 61
61, 66, 69
38–40
61, 78
38, 70
42, 44
43
3
57, 59, 69
3, 4, 6, 7, 16
57, 59, 60
43, 52, 54, 86–87
3
53, 54, 58–60
53, 54
41, 42, 45, 51–54,
58
59
Pharmacy Practice Act 2004
Act No. 80/2004
Subject
Section
issues of public health and safety arising from
issues of unprofessional conduct in investigation of
medical examinations, counselling
notifications
performance assessment
performance reviews
Board's determination to conduct
notice requirements
outcomes
panels and procedure
referral to
performance reviews, assessments as result of
investigations of professional conduct
performance reviews, reports in hearings
requests for conditions, suspension by pharmacist
unsatisfactory professional performance (def.)
Prohibited persons
Qualifications
post-graduate qualifications
requirements for registration
withdrawal
See also Training
Register of Pharmacists
evidentiary provisions
information included in
keeping of, publication, inspection
removal of name from
staff for maintenance of
Registered pharmacists
See also headings beginning with Pharmacy
Registrar
authorisation for enforcement purposes
definition
immunity
powers regarding
interim registration
pharmacy business documents
proceedings
Registration
applications
cancellation
certificates
conditions
after hearings
after review of professional performance
Board's general powers, duties
by request, agreement of pharmacist, student
definition
noted on register, certificates
removal
43, 57, 59
57, 59
54, 58–59
38–40
45, 51–52
146
41, 54
55
58
55–57
53
61
78
42, 44
3
94–100
12, 20, 21
4, 5, 7, 11, 20
19
22
4, 12, 16, 20
20
16
118
3, 26, 30–34
125
3
117
9
128
124
4, 24
6, 19, 21, 69, 83
21, 91
50, 66, 69, 83
58
6–11, 13, 14
42, 44, 48
3
20–21
44, 81
Pharmacy Practice Act 2004
Act No. 80/2004
Subject
Section
disqualification
duration
endorsement
expiry
false claims regarding
fees
general registration
grant
information on certain matters as requirement
interim registration
non-practising pharmacists
notice to Board of change of address
obtained by fraud or misrepresentation
pharmacy students
qualifications
refusal to grant, renew, endorse
registered pharmacists (def.)
renewal
review of decisions regarding
specific registration
submissions by applicant
suspension
after hearings
by request, agreement of pharmacist, student
danger posed to public health and safety
effect
in a place outside Victoria
noted on register
removal at end of hearings
return of certificates
revocation
transitional provisions
unauthorised use of titles
Regulations
Repeals
Review
Savings
Schedule 1 poisons
Search warrants
Secretary
definition
powers, duties regarding
authorised persons under Health Act 1958
medical practitioners to conduct examinations
prohibited persons
Seizure
Self incrimination
protection against
6, 69
15
11, 14, 16, 19–21
16
88
4, 6, 11, 12, 16
5–6
6–10, 14
4, 16, 24
9, 16
3, 10
23
19, 91
8
4, 5, 7, 11, 12, 20
6–8, 13, 14, 16
3
14, 16, 17, 24
86–87
7
13
147
50, 69, 83
42, 48
43
18
6
20
81
21
44
145
88
139, 148
141
86–87
142–146, 148
11
129–133
3
124–126
46
94, 97, 100
129, 132–135
136
Pharmacy Practice Act 2004
Act No. 80/2004
Subject
Section
Training
as requirement for registration
as result of investigation of conduct
as result of investigation of performance
supervised training as requirement for registration
unsupervised clinical training
See also Pharmacy students
Transitional provisions
Unprofessional conduct See Professional conduct
Unsatisfactory professional performance
See Professional performance
Victorian Civil and Administrative Tribunal
148
16, 17, 24
66, 69
54, 58
4, 5, 7, 17
89
140, 142–149
86–87