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HEALTH PRACTITIONER REGULATION (NATIONAL UNIFORM LEGISLATION) AND OTHER LEGISLATION AMENDMENT BILL 2018

Serial 64
Health Practitioner Regulation (National Uniform Legislation) and Other Legislation Amendment Bill 2018
Ms Fyles

A Bill for an Act to amend various laws as a consequence of changes to the Health Practitioner Regulation National Law by the Health Practitioner Regulation National Law and Other Legislation Amendment Act 2017 (Qld)

NORTHERN TERRITORY OF AUSTRALIA

HEALTH PRACTITIONER REGULATION (NATIONAL UNIFORM LEGISLATION) AND OTHER LEGISLATION AMENDMENT ACT 2018

____________________

Act No. [ ] of 2018

____________________

Table of provisions

6 Responsible tribunal for Health Practitioner Regulation National Law (NT)

6A Application to end, shorten or amend prohibition order

6B Appellable decision under Health Practitioner Regulation National Law (NT)

28A Meaning of paramedic and approved paramedic

NORTHERN TERRITORY OF AUSTRALIA

____________________

Act No. [ ] of 2018

____________________

An Act to amend various laws as a consequence of changes to the Health Practitioner Regulation National Law by the Health Practitioner Regulation National Law and Other Legislation Amendment Act 2017 (Qld)

[Assented to [ ] 2018]

[Introduced [ ] 2018]

The Legislative Assembly of the Northern Territory enacts as follows:

Part 1 Preliminary matters
1 Short title

This Act may be cited as the Health Practitioner Regulation (National Uniform Legislation) and Other Legislation Amendment Act 2018.

2 Commencement

This Act commences on the day after the day on which the Administrator's assent to this Act is declared.

Part 2 Amendment of Health Practitioner Regulation (National Uniform Legislation) Act
3 Act amended

This Part amends the Health Practitioner Regulation (National Uniform Legislation) Act.

4 Section 3 amended (Interpretation)

Section 3(1)

insert (in alphabetical order)

Tribunal means the Civil and Administrative Tribunal.

5 Section 5 amended (Meaning of generic terms in Health Practitioner Regulation National Law for purposes of this jurisdiction)

(1) Section 5(1), definition Parliament of this jurisdiction

omit

(2) After section 5(1)

insert

(1A) In the Health Practitioner Regulation National Law (NT), a reference to any of the following is a reference to the Legislative Assembly:

(a) the Legislature of this jurisdiction;

(b) the Parliament of this jurisdiction;

(c) a House of the Parliament or each House of the Parliament of this jurisdiction.

6 Section 6 replaced

Section 6

repeal, insert

6 Responsible tribunal for Health Practitioner Regulation National Law (NT)

The Tribunal is declared to be a responsible tribunal for the Health Practitioner Regulation National Law (NT).

6A Application to end, shorten or amend prohibition order

(1) A person who is subject to a prohibition order made by the Tribunal may apply to the Tribunal for one or more orders under subsection (3)(b).

(2) An application under subsection (1) may not be made:

(a) earlier than 5 years after the date of the prohibition order; or

(b) while the terms of an order under subsection (4) provide that an application under this section may not be made in relation to a prohibition order.

(3) The Tribunal may decide to do any of the following:

(a) dismiss the application;

(b) make any of the following orders:

(i) an order ending the prohibition order;

(ii) an order shortening the period of the prohibition order;

(iii) an order amending the prohibition order.

(4) In addition, the Tribunal may order that the applicant must not make a further application under this section until after a specified time.

(5) In making a decision under subsection (3) or (4), the Tribunal must consider the following:

(a) the time elapsed since the prohibition order was made;

(b) any material change in the circumstances of the applicant since the prohibition order was made;

(c) any complaint made or notified to a National Board under Part 8 of the Health Practitioner Regulation National Law (NT) about the applicant, whether the complaint was made or notified before or after the prohibition order was made;

(d) any other matter the Tribunal considers appropriate.

(6) A National Board that was a party to the proceedings which led to the making of the prohibition order is a party to the proceedings arising from an application under this section.

(7) An application under this section is not an application to review the decision of the Tribunal to make the prohibition order, or any findings made in connection with the making of that decision.

(8) Section 131 of the Northern Territory Civil and Administrative Tribunal Act does not apply in relation to a proceeding under this section.

(9) Section 140 of the Northern Territory Civil and Administrative Tribunal Act does not apply in relation to a decision of the Tribunal under this section.

(10) In this section:

prohibition order, see section 5 of the Health Practitioner Regulation National Law (NT).

6B Appellable decision under Health Practitioner Regulation National Law (NT)

(1) A person who appeals against an appellable decision under section 199 of the Health Practitioner Regulation National Law (NT) must commence the appeal by making an application to the Tribunal.

(2) In this section:

appellable decision means an appellable decision as defined in section 199(1) of the Health Practitioner Regulation National Law (NT).

Part 3 Consequential amendments

Division 1 Amendment of Education Act
7 Act amended

This Division amends the Education Act.

8 Section 89 amended (Medical and dental inspections)

(1) Section 89(1), after "dentist"

insert

, midwife

(2) Section 89(2)

insert (in alphabetical order)

midwife means a person registered under the Health Practitioner Regulation National Law to practise in the midwifery profession (other than as a student).

(3) Section 89(2), definition nurse

omit

and midwifery profession as a nurse

insert

profession

Division 2 Amendment of Medicines, Poisons and Therapeutic Goods Act
9 Act amended

This Division amends the Medicines, Poisons and Therapeutic Goods Act.

10 Section 28A replaced

Section 28A

repeal, insert

28A Meaning of paramedic and approved paramedic

(1) A paramedic is a person registered under the Health Practitioner Regulation National Law to practise in the paramedicine profession (other than as a student).

(2) An approved paramedic is a paramedic declared under section 250(1)(c) to be an approved paramedic.

11 Section 254 amended (Approval of Scheduled substance treatment protocol)

(1) After section 254(1)(f)

insert

(fa) an ambulance station;

(fb) an ambulance vehicle or a class of ambulance vehicles;

(2) After section 254(2)

insert

(3) In this section:

ambulance vehicle means a motor vehicle used solely for giving emergency treatment and pre-hospital patient care to, and the transport of, sick or injured persons by an ambulance service.

(3) Section 254, note

omit

ambulance officer

insert

paramedic

12 Act further amended

Schedule 1 has effect.

Division 3 Amendment of Mental Health and Related Services Act
13 Act amended

This Division amends the Mental Health and Related Services Act.

14 Section 4 amended (Definitions)

(1) Section 4, definition ambulance officer

omit

(2) Section 4

insert (in alphabetical order)

paramedic means a person registered under the Health Practitioner Regulation National Law to practise in the paramedicine profession (other than as a student).

(3) Section 4, definition registered nurse, paragraph (a)

omit

and midwifery profession as a nurse

insert

profession

15 Section 23 amended (Designated mental health practitioners)

Section 23(3)(a)(vi)

omit, insert

(vi) a paramedic; and

16 Section 24 repealed (Ambulance officers)

Section 24

repeal

17 Section 31 amended (Detention by ambulance officer)

(1) Section 31, heading

omit

ambulance officer

insert

paramedic

(2) Section 31(1) and (3)

omit

An ambulance officer

insert

A paramedic

(3) Section 31(1)

omit

the ambulance officer

insert

the paramedic

(4) Section 31(2)

omit

an ambulance officer

insert

a paramedic

(5) Section 31(2)(a)

omit

himself or herself

insert

the person

18 Section 34 amended (Recommendation for psychiatric examination)

(1) Section 34(3)

omit

an ambulance officer

insert

a paramedic

(2) Section 34(3)(c)(i)

omit

himself or herself

insert

the person

(3) Section 34(8)

omit

ambulance officer

insert

paramedic

19 Section 35 amended (Emergency treatment)

Section 35(1)(c)

omit

ambulance officer

insert

paramedic

Division 4 Amendment of Youth Justice Act
20 Act amended

This Division amends the Youth Justice Act.

21 Section 5 amended (Interpretation)

(1) Section 5(1), definition nurse

omit

and midwifery profession as a nurse

insert

profession

(2) Section 5(1)

insert (in alphabetical order)

midwife means a person registered under the Health Practitioner Regulation National Law to practise in the midwifery profession (other than as a student).

22 Section 154 amended (Use of force)

Section 154(2)(a) and (b)

omit

practitioner or nurse

insert

practitioner, nurse or midwife

23 Section 160 amended (Detainee may be tested for alcohol or illicit drug)

Section 160(5)

omit

practitioner or nurse

insert

practitioner, nurse or midwife

24 Section 175 amended (Taking of medical sample)

Section 175(1)

omit

practitioner or nurse

insert

practitioner, nurse or midwife

Division 5 Other laws amended
25 Other laws amended

Schedule 2 amends the laws mentioned in it.

Division 6 Repeal of Act
26 Repeal of Act

This Act is repealed on the day after it commences.

Schedule 1 Medicines, Poisons and Therapeutic Goods Act further amended

section 12

Schedule 2 Other laws amended

section 25

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