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Queensland
Health and Other Legislation
Amendment Bill 2009
Queensland
Health and Other Legislation Amendment
Bill 2009
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Part 2 Amendment of Chiropractors Registration Act 2001
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
4 Amendment of s 64 (Period). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
5 Replacement of s 82 (Ground for cancellation) . . . . . . . . . . . . . . 13
82 Grounds for cancellation. . . . . . . . . . . . . . . . . . . . . . . 13
6 Amendment of s 96 (Failure by board to make decision on
application) ....................................... 13
7 Amendment of s 97 (Failure by board to make decision on
review agreed to under s 90) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
8 Amendment of s 99 (Amending, replacing, or issuing new,
certificate of general registration) . . . . . . . . . . . . . . . . . . . . . . . . . 14
9 Amendment of s 113 (Grounds for cancellation) . . . . . . . . . . . . . 14
10 Replacement of s 210 (False or misleading information or
documents) ....................................... 14
210 False or misleading information or documents. . . . . . 14
Part 3 Amendment of Dental Practitioners Registration Act 2001
11 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
12 Amendment of s 64 (Period). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
13 Replacement of s 82 (Ground for cancellation) . . . . . . . . . . . . . . 18
82 Grounds for cancellation. . . . . . . . . . . . . . . . . . . . . . . 18
14 Amendment of s 96 (Failure by board to make decision on
application) ....................................... 19
15 Amendment of s 97 (Failure by board to make decision on
review agreed to under s 90) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Health and Other Legislation Amendment Bill 2009
Contents
16 Amendment of s 99 (Amending, replacing, or issuing new,
certificate of general registration) . . . . . . . . . . . . . . . . . . . . . . . . . 19
17 Amendment of s 132 (Grounds for cancellation) . . . . . . . . . . . . . 19
18 Replacement of s 232 (False or misleading information or
documents) ....................................... 20
232 False or misleading information or documents. . . . . . 20
Part 4 Amendment of Dental Technicians and Dental Prosthetists
Registration Act 2001
19 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
20 Amendment of s 64 (Period). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
21 Replacement of s 83 (Ground for cancellation) . . . . . . . . . . . . . . 23
83 Grounds for cancellation. . . . . . . . . . . . . . . . . . . . . . . 24
22 Amendment of s 98 (Failure by board to make decision on
application) ....................................... 24
23 Amendment of s 99 (Failure by board to make decision on
review agreed to under s 91) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
24 Amendment of s 101 (Amending, replacing, or issuing new,
certificate of general registration) . . . . . . . . . . . . . . . . . . . . . . . . . 25
25 Amendment of s 115 (Grounds for cancellation) . . . . . . . . . . . . . 25
26 Replacement of s 214 (False or misleading information or
documents) ....................................... 25
214 False or misleading information or documents. . . . . . 25
Part 5 Amendment of Health Practitioners (Professional
Standards) Act 1999
27 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
28 Amendment of s 12 (Delegation of certain powers) . . . . . . . . . . . 29
29 Insertion of new s 40A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
40A Temporary appointment of panel of assessors. . . . . . 30
30 Amendment of s 42 (Procedure for recommending members of
panels of assessors) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
31 Amendment of s 55 (Notice to be given if complaint rejected) . . . 31
32 Amendment of s 63 (When investigation of registrant may be
conducted on board's initiative) . . . . . . . . . . . . . . . . . . . . . . . . . . 31
33 Amendment of s 134 (Powers of board to refer matter to
panel or tribunal etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
34 Amendment of s 135 (Powers of disciplinary committee to refer
to panel or tribunal etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
35 Amendment of s 164 (Decision about whether ground for
disciplinary action established). . . . . . . . . . . . . . . . . . . . . . . . . . . 32
36 Amendment of s 168 (Notification of decision). . . . . . . . . . . . . . . 32
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Health and Other Legislation Amendment Bill 2009
Contents
37 Amendment of s 205 (Notification of decision of panel) . . . . . . . . 32
38 Amendment of s 255 (Costs) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
39 Amendment of s 278 (Notification of board's decision) . . . . . . . . 33
40 Amendment of s 306 (Registrant may request further health
assessment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
41 Amendment of s 377 (Certain investigations not to be
conducted or continued). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
42 Amendment of s 392 (Confidentiality) . . . . . . . . . . . . . . . . . . . . . 34
43 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 34
Part 6 Amendment of Health Quality and Complaints Commission
Act 2006
44 Act amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
45 Amendment of s 22 (Commission may make standards). . . . . . . 35
46 Insertion of new s 22A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
22A Process for making or amending standards . . . . . . . . 35
Part 7 Amendment of Health Services Act 1991
47 Act amended in pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
48 Insertion of new s 62IA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
62IA Disclosure for the protection, safety or wellbeing of a
child ................................... 37
49 Insertion of new s 62KA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
62KA Disclosure to or by chief executive . . . . . . . . . . . . . . . 37
50 Insertion of new s 62PA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
62PA Disclosure to State lawyers . . . . . . . . . . . . . . . . . . . . 38
Part 8 Amendment of Medical Practitioners Registration Act 2001
51 Act amended in pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
52 Amendment of s 66 (Period). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
53 Amendment of 84 (Grounds for cancellation). . . . . . . . . . . . . . . . 38
54 Amendment of s 92 (Board to give notice to internship nominee
or supervisor) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
55 Amendment of s 96 (Failure by board to make decision) . . . . . . . 39
56 Amendment of s 97 (Issuing new certificate of general
registration) .................................... 40
57 Amendment of s 106 (Failure by board to make decision on
application) ....................................... 40
58 Amendment of s 107 (Failure by board to make decision on
review agreed to under s 100) . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
59 Amendment of s 109 (Amending, replacing, or issuing new,
certificate of general registration) . . . . . . . . . . . . . . . . . . . . . . . . . 41
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Health and Other Legislation Amendment Bill 2009
Contents
60 Amendment of s 149 (Grounds for cancellation) . . . . . . . . . . . . . 41
61 Insertion of new pt 4, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Division 2 Reportable misconduct
166 Registrant must give notice about reportable
misconduct ............................. 41
62 Amendment of s 173 (Reprisal and grounds for reprisals) . . . . . . 43
63 Amendment of s 178 (Definition for pt 5) . . . . . . . . . . . . . . . . . . . 43
64 Amendment of s 182 (Decision) . . . . . . . . . . . . . . . . . . . . . . . . . . 43
65 Amendment of s 189 (Decision) . . . . . . . . . . . . . . . . . . . . . . . . . . 43
66 Amendment of s 195 (Return of accreditation certificate to board) 44
Part 9 Amendment of Medical Radiation Technologists
Registration Act 2001
67 Act amended in pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
68 Amendment of s 68 (Period). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
69 Amendment of 86 (Grounds for cancellation). . . . . . . . . . . . . . . . 45
70 Amendment of s 94 (Board to give notice to supervisor) . . . . . . . 45
71 Amendment of s 99 (Failure by board to make decision) . . . . . . . 46
72 Amendment of s 101 (Amending, replacing, or issuing new,
certificate of general registration) . . . . . . . . . . . . . . . . . . . . . . . . . 46
73 Amendment of s 110 (Failure by board to make decision on
application) ....................................... 46
74 Amendment of s 111 (Failure by board to make decision on
review agreed to under s 104) . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
75 Amendment of s 113 (Amending, replacing, or issuing new,
certificate of general registration) . . . . . . . . . . . . . . . . . . . . . . . . . 47
76 Amendment of s 128 (Grounds for cancellation) . . . . . . . . . . . . . 47
77 Replacement of s 226 (False or misleading information or
documents) ....................................... 47
226 False or misleading information or documents. . . . . . 48
Part 10 Amendment of Nursing Act 1992
78 Act amended in pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
79 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 51
80 Amendment of s 77B (Definitions for pt 3A) . . . . . . . . . . . . . . . . . 51
81 Amendment of s 96 (Constitution of tribunal for particular
proceeding) ....................................... 51
82 Insertion of new pt 7, div 2, sdiv 1 and pt 7, div 2, sdiv 2, hdg . . . 51
Subdivision 1 Power to obtain information
127A Power to require information or attendance . . . . . . . . 52
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Health and Other Legislation Amendment Bill 2009
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127B Offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
127C Self-incrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
127D Inspection of produced things . . . . . . . . . . . . . . . . . . 53
83 Amendment of s 139 (Confidentiality of documents and
information) ..................................... 53
Part 11 Amendment of Occupational Therapists Registration Act
2001
84 Act amended in pt 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
85 Amendment of s 64 (Period). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
86 Replacement of s 82 (Ground for cancellation) . . . . . . . . . . . . . . 54
82 Grounds for cancellation. . . . . . . . . . . . . . . . . . . . . . . 54
87 Amendment of s 96 (Failure by board to make decision on
application) ....................................... 55
88 Amendment of s 97 (Failure by board to make decision on
review agreed to under s 90) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
89 Amendment of s 99 (Amending, replacing, or issuing new,
certificate of general registration) . . . . . . . . . . . . . . . . . . . . . . . . . 55
90 Amendment of s 113 (Grounds for cancellation) . . . . . . . . . . . . . 56
91 Replacement of s 210 (False or misleading information or
documents) ...................................... 56
210 False or misleading information or documents. . . . . . 56
Part 12 Amendment of Optometrists Registration Act 2001
92 Act amended in pt 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
93 Amendment of s 64 (Period). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
94 Replacement of s 82 (Ground for cancellation) . . . . . . . . . . . . . . 60
82 Grounds for cancellation. . . . . . . . . . . . . . . . . . . . . . . 60
95 Amendment of s 96 (Failure by board to make decision on
application) ...................................... 60
96 Amendment of s 97 (Failure by board to make decision on
review agreed to under s 90) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
97 Amendment of s 99 (Amending, replacing, or issuing new,
certificate of general registration) . . . . . . . . . . . . . . . . . . . . . . . . . 61
98 Amendment of s 113 (Grounds for cancellation) . . . . . . . . . . . . . 61
99 Replacement of s 207 (False or misleading information or
documents) ....................................... 61
207 False or misleading information or documents. . . . . . 61
Part 13 Amendment of Osteopaths Registration Act 2001
100 Act amended in pt 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
101 Amendment of s 64 (Period). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
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Health and Other Legislation Amendment Bill 2009
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102 Replacement of s 82 (Ground for cancellation) . . . . . . . . . . . . . . 65
82 Grounds for cancellation. . . . . . . . . . . . . . . . . . . . . . . 65
103 Amendment of s 96 (Failure by board to make decision on
application) ....................................... 65
104 Amendment of s 97 (Failure by board to make decision on
review agreed to under s 90) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
105 Amendment of s 99 (Amending, replacing, or issuing new,
certificate of general registration) . . . . . . . . . . . . . . . . . . . . . . . . . 66
106 Amendment of s 113 (Grounds for cancellation) . . . . . . . . . . . . . 66
107 Replacement of s 210 (False or misleading information or
documents) ....................................... 67
210 False or misleading information or documents. . . . . . 67
Part 14 Amendment of Pharmacists Registration Act 2001
108 Act amended in pt 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
109 Amendment of s 68 (Period). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
110 Replacement of s 86 (Ground for cancellation) . . . . . . . . . . . . . . 70
86 Grounds for cancellation. . . . . . . . . . . . . . . . . . . . . . . 70
111 Amendment of s 100 (Failure by board to make decision on
application) ....................................... 71
112 Amendment of s 101 (Failure by board to make decision on
review agreed to under s 94) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
113 Amendment of s 103 (Amending, replacing, or issuing new,
certificate of general registration) . . . . . . . . . . . . . . . . . . . . . . . . . 71
114 Amendment of s 117 (Grounds for cancellation) . . . . . . . . . . . . . 72
115 Replacement of s 212 (False or misleading information or
documents) ....................................... 72
212 False or misleading information or documents. . . . . . 72
Part 15 Amendment of Physiotherapists Registration Act 2001
116 Act amended in pt 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
117 Amendment of s 64 (Period). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
118 Replacement of s 82 (Ground for cancellation) . . . . . . . . . . . . . . 76
82 Grounds for cancellation. . . . . . . . . . . . . . . . . . . . . . . 76
119 Amendment of s 96 (Failure by board to make decision on
application) ....................................... 76
120 Amendment of s 97 (Failure by board to make decision on
review agreed to under s 90) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
121 Amendment of s 99 (Amending, replacing, or issuing new,
certificate of general registration) . . . . . . . . . . . . . . . . . . . . . . . . . 77
122 Amendment of s 100 (Undertaking of special activities relating
to the profession) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
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Health and Other Legislation Amendment Bill 2009
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123 Replacement of s 102 (Eligibility) . . . . . . . . . . . . . . . . . . . . . . . . . 78
102 Eligibility for special purpose registration under
s 100(1) ............................... 78
124 Insertion of new s 102A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
102A Eligibility for special purpose registration under
s 100(2) ............................... 78
125 Amendment of s 104 (Suitability to be a special purpose
registrant) ...................................... 80
126 Insertion of new ss 106A-106C . . . . . . . . . . . . . . . . . . . . . . . . . . 80
106A Condition for special purpose registration under
s 100(2) ............................... 80
106B Supervised practice plans approved by the board . . . 81
106C Board may ask for information under supervised
practice plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
127 Replacement of s 107A (Non-application of sdiv 2 to short-term
registration) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
107A Non-application of sdiv 2 to particular registrations . . 82
128 Amendment of s 109 (Matters that may be considered in
deciding whether to renew special purpose registrations) . . . . . . 82
129 Amendment of s 113 (Grounds for cancellation) . . . . . . . . . . . . . 83
130 Insertion of new s 209A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
209A Protection for persons involved in supervising
registrants .............................. 83
131 Replacement of s 210 (False or misleading information or
documents) ....................................... 84
210 False or misleading information or documents. . . . . . 84
132 Amendment of pt 10, div 2, hdg (Transitional provisions). . . . . . . 87
133 Insertion of new pt 10, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
Division 3 Transitional provisions for the Health and
Other Legislation Amendment Act 2008
238 Particular registrants taken to be registered under
s 100(2)(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
239 Existing applications for general registration . . . . . . . 88
134 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 88
Part 16 Amendment of Podiatrists Registration Act 2001
135 Act amended in pt 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
136 Amendment of s 64 (Period). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
137 Replacement of s 82 (Ground for cancellation) . . . . . . . . . . . . . . 89
82 Grounds for cancellation. . . . . . . . . . . . . . . . . . . . . . . 89
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138 Amendment of s 96 (Failure by board to make decision on
application) ....................................... 89
139 Amendment of s 97 (Failure by board to make decision on
review agreed to under s 90) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
140 Amendment of s 99 (Amending, replacing, or issuing new,
certificate of general registration) . . . . . . . . . . . . . . . . . . . . . . . . . 90
141 Amendment of s 113 (Grounds for cancellation) . . . . . . . . . . . . . 90
142 Replacement of s 210 (False or misleading information or
documents) ....................................... 91
210 False or misleading information or documents. . . . . . 91
Part 17 Amendment of Police Powers and Responsibilities Act 2000
143 Act amended in pt 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
144 Amendment of s 42 (Power for age-related offences and for
particular motor vehicle related purposes) . . . . . . . . . . . . . . . . . . 94
145 Amendment of s 60 (Stopping vehicles for prescribed purposes) 95
Part 18 Amendment of Psychologists Registration Act 2001
146 Act amended in pt 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
147 Amendment of s 70 (Period). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
148 Amendment of s 88 (Grounds for cancellation) . . . . . . . . . . . . . . 95
149 Amendment of s 96 (Board to give notice to supervisor) . . . . . . . 96
150 Amendment of s 100 (Failure by board to make decision on
application) ....................................... 96
151 Amendment of s 102 (Amending, replacing, or issuing new,
certificate of general registration) . . . . . . . . . . . . . . . . . . . . . . . . . 96
152 Amendment of s 111 (Failure by board to make decision on
application) ....................................... 97
153 Amendment of s 112 (Failure by board to make decision on
review agreed to under s 105) . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
154 Amendment of s 114 (Amending, replacing, or issuing new,
certificate of general registration) . . . . . . . . . . . . . . . . . . . . . . . . . 97
155 Amendment of s 129 (Grounds for cancellation) . . . . . . . . . . . . . 98
156 Replacement of s 227 (False or misleading information or
documents) ....................................... 98
227 False or misleading information or documents. . . . . . 98
Part 19 Amendment of Public Health Act 2005
157 Act amended in pt 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
158 Amendment of s 11 (Meaning of public health risk) . . . . . . . . . . . 101
159 Amendment of s 107 (Disclosure under Act or with written
consent etc.) ...................................... 101
160 Insertion of new s 108A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
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108A Disclosure for contact tracing purposes . . . . . . . . . . . 102
161 Replacement of ch 6, pt 4, div 1, hdg. . . . . . . . . . . . . . . . . . . . . . 103
162 Insertion of new s 279A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
279A Application of pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
163 Insertion of new s 280A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
280A Part does not prevent disclosure under other Act . . . 103
164 Amendment of s 282 (Application to chief executive for
information) .................................... 104
165 Amendment of s 284 (Decision about application). . . . . . . . . . . . 104
Part 20 Amendment of Speech Pathologists Registration Act 2001
166 Act amended in pt 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
167 Amendment of s 64 (Period). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
168 Replacement of s 82 (Ground for cancellation) . . . . . . . . . . . . . . 105
82 Grounds for cancellation. . . . . . . . . . . . . . . . . . . . . . . 105
169 Amendment of s 96 (Failure by board to make decision on
application) ....................................... 106
170 Amendment of s 97 (Failure by board to make decision on
review agreed to under s 90) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
171 Amendment of s 99 (Amending, replacing, or issuing new,
certificate of general registration) . . . . . . . . . . . . . . . . . . . . . . . . . 106
172 Amendment of s 113 (Grounds for cancellation) . . . . . . . . . . . . . 106
173 Replacement of s 207 (False or misleading information or
documents) ....................................... 107
207 False or misleading information or documents. . . . . . 107
Part 21 Amendment of Tobacco and Other Smoking Products Act
1998
174 Act amended in pt 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
175 Amendment of s 25 (Definitions for pt 2A) . . . . . . . . . . . . . . . . . . 110
176 Amendment of s 26L (Supply of object or entitlement that
promotes smoking product etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . 111
177 Insertion of new s 26PB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
26PB Application of pt 2B . . . . . . . . . . . . . . . . . . . . . . . . . . 111
178 Amendment of s 26Q (Definitions for pt 2B). . . . . . . . . . . . . . . . . 111
179 Amendment of s 26R (Person must not smoke in an enclosed
place) .......................................... 111
180 Insertion of new pt 2BA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
26VA Definitions for pt 2BA . . . . . . . . . . . . . . . . . . . . . . . . . 112
26VB Person must not smoke in motor vehicle being used
for business use if anyone else in the vehicle . . . . . . 112
Page 9
Health and Other Legislation Amendment Bill 2009
Contents
26VC Person must not smoke in motor vehicle if person
under 16 in the vehicle . . . . . . . . . . . . . . . . . . . . . . . . 113
26VD Defence for s 26VC . . . . . . . . . . . . . . . . . . . . . . . . . . 113
26VE Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . 113
181 Insertion of new pt 2C, div 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
Division 4 Prohibition on smoking at public transport
waiting points and malls by local governments
26ZPA Definitions for div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
26ZPB Local government may make local laws prohibiting
smoking at certain places. . . . . . . . . . . . . . . . . . . . . . 115
26ZPC When local law prevails . . . . . . . . . . . . . . . . . . . . . . . 115
26ZPD State may require report from local government
about local law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
26ZPE Fines payable for contravention of local law payable
to local government . . . . . . . . . . . . . . . . . . . . . . . . . . 116
182 Renumbering of s 26ZPA (Sale, supply and display of ice pipes) 116
183 Amendment of schedule. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
Part 22 Amendment of Workers' Compensation and Rehabilitation
Act 2003
184 Act amended in pt 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
185 Amendment of s 132 (Applying for compensation). . . . . . . . . . . . 117
186 Amendment of s 141 (Time from which compensation payable) . 117
187 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 118
Page 10
2009
A Bill
for
An Act to amend the Chiropractors Registration Act 2001, the
Dental Practitioners Registration Act 2001, the Dental
Technicians and Dental Prosthetists Registration Act 2001, the
Health Practitioners (Professional Standards) Act 1999, the
Health Quality and Complaints Commission Act 2006, the
Health Services Act 1991, the Medical Practitioners
Registration Act 2001, the Medical Radiation Technologists
Registration Act 2001, the Nursing Act 1992, the Occupational
Therapists Registration Act 2001, the Optometrists
Registration Act 2001, the Osteopaths Registration Act 2001,
the Pharmacists Registration Act 2001, the Physiotherapists
Registration Act 2001, the Podiatrists Registration Act 2001,
the Police Powers and Responsibilities Act 2000, the
Psychologists Registration Act 2001, the Public Health Act
2005, the Speech Pathologists Registration Act 2001, the
Tobacco and Other Smoking Products Act 1998 and the
Workers' Compensation and Rehabilitation Act 2003 for
particular purposes
Health and Other Legislation Amendment Bill 2009
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Health and Other Legislation 4
Amendment Act 2009. 5
Clause 2 Commencement 6
(1) Sections 163 and 165(2) are taken to have commenced on 16 7
January 2006. 8
(2) Parts 19 (other than sections 163 and 165(2)) and 22 9
commence on assent. 10
(3) The remainder of the Act commences on a day fixed by 11
proclamation. 12
Part 2 Amendment of Chiropractors 13
Registration Act 2001 14
Clause 3 Act amended in pt 2 15
This part amends the Chiropractors Registration Act 2001. 16
Clause 4 Amendment of s 64 (Period) 17
Section 64, `6 months'-- 18
omit, insert-- 19
`12 months'. 20
Page 12
Health and Other Legislation Amendment Bill 2009
Part 2 Amendment of Chiropractors Registration Act 2001
[s 5]
Clause 5 Replacement of s 82 (Ground for cancellation) 1
Section 82-- 2
omit, insert-- 3
`82 Grounds for cancellation 4
`A general registration may be cancelled, under this division, 5
on the following grounds-- 6
(a) the registration happened because the board was given, 7
by the registrant or someone else, information or a 8
document that-- 9
(i) was materially false, within the meaning given by 10
section 210(1), at the time it was given; or 11
(ii) became materially false, within the meaning given 12
by section 210(1), after it was given; 13
(b) the registrant ceases to have, or does not have, the 14
qualifications necessary for registration.'. 15
Clause 6 Amendment of s 96 (Failure by board to make decision on 16
application) 17
(1) Section 96(1) and (3), `remove'-- 18
omit, insert-- 19
`confirm'. 20
(2) Section 96(4)-- 21
omit. 22
Clause 7 Amendment of s 97 (Failure by board to make decision on 23
review agreed to under s 90) 24
(1) Section 97(1) and (3), `remove'-- 25
omit, insert-- 26
`confirm'. 27
(2) Section 97(4)-- 28
omit. 29
Page 13
Health and Other Legislation Amendment Bill 2009
Part 2 Amendment of Chiropractors Registration Act 2001
[s 8]
Clause 8 Amendment of s 99 (Amending, replacing, or issuing 1
new, certificate of general registration) 2
(1) Section 99(4)-- 3
omit, insert-- 4
`(4) Subsection (5) applies if a general registrant receives a notice, 5
under section 94(5), about a decision to remove the conditions 6
of the registration.'. 7
(2) Section 99(5), `or taken to have been made'-- 8
omit. 9
Clause 9 Amendment of s 113 (Grounds for cancellation) 10
Section 113(e)-- 11
omit, insert-- 12
`(e) the registration happened because the board was given, 13
by the registrant or someone else, information or a 14
document that-- 15
(i) was materially false, within the meaning given by 16
section 210(1), at the time it was given; or 17
(ii) became materially false, within the meaning given 18
by section 210(1), after it was given; 19
(f) the registrant ceases to have, or does not have, the 20
qualifications necessary for registration.'. 21
Clause 10 Replacement of s 210 (False or misleading information or 22
documents) 23
Section 210-- 24
omit, insert-- 25
`210 False or misleading information or documents 26
`(1) For this section-- 27
(a) information is taken to be materially false if-- 28
Page 14
Health and Other Legislation Amendment Bill 2009
Part 2 Amendment of Chiropractors Registration Act 2001
[s 10]
(i) the information is false or misleading in a material 1
particular; or 2
(ii) regardless of the literal truth of the information, it 3
has a propensity to mislead or deceive the board in 4
a material particular, including through the 5
omission of other material information; and 6
(b) a document is taken to be materially false if-- 7
(i) the document contains or conveys information that 8
is materially false; or 9
(ii) the document contains or conveys information that, 10
by the time the document is given to the board, has 11
become materially false; or 12
(iii) the document-- 13
(A) is, or purports to be, a copy of an original 14
document; and 15
(B) is not, in a material particular, a true, 16
accurate and complete copy of the original 17
document; or 18
(iv) the document-- 19
(A) is, or purports to be, an extract from or 20
summary of an original document; and 21
(B) fails, in a material particular, to convey a 22
true, accurate and complete representation of 23
the information contained in the original 24
document. 25
`(2) A person must not give the board-- 26
(a) information that is materially false to the knowledge of 27
the person; or 28
(b) a document that is materially false to the knowledge of 29
the person. 30
Maximum penalty--200 penalty units. 31
Page 15
Health and Other Legislation Amendment Bill 2009
Part 2 Amendment of Chiropractors Registration Act 2001
[s 10]
`(3) A person must not contravene subsection (2) in connection 1
with an application for registration by the person or someone 2
else. 3
Maximum penalty--2000 penalty units or 3 years 4
imprisonment. 5
`(4) A person must convey the relevant facts to the board as soon 6
as reasonably practicable after the person-- 7
(a) being a registrant, becomes aware that information or a 8
document that was given to the board in connection with 9
the person's registration-- 10
(i) was materially false when it was given to the 11
board; or 12
(ii) has since become materially false; or 13
(b) being a person who previously gave information or a 14
document to the board, becomes aware that the 15
information or document-- 16
(i) was materially false when it was given to the 17
board; or 18
(ii) has since become materially false. 19
Maximum penalty--200 penalty units. 20
`(5) A registrant must not act or practise as a registrant, or 21
continue to do so, if-- 22
(a) the registrant committed a contravention of subsection 23
(2) in connection with the registrant's application for 24
registration; or 25
(b) the registrant was knowingly concerned in, or a party to, 26
a contravention of subsection (2) in connection with the 27
registrant's application for registration; or 28
(c) the registrant has failed to convey the relevant facts to 29
the board after becoming aware that information or a 30
document that was given to the board in connection with 31
the registrant's registration-- 32
Page 16
Health and Other Legislation Amendment Bill 2009
Part 2 Amendment of Chiropractors Registration Act 2001
[s 10]
(i) was materially false when it was given to the 1
board; or 2
(ii) has since become materially false. 3
Maximum penalty--2000 penalty units or 3 years 4
imprisonment. 5
`(6) To remove any doubt, it is declared that in this section-- 6
material particular, in relation to an application for 7
registration, is not limited to a particular that would have been 8
determinative of the application, but includes any particular 9
that, had it been known to the board at the relevant time, might 10
have influenced the board, a member, the executive officer or 11
a member of the office's staff in-- 12
(a) granting or refusing the application; or 13
(b) deciding the capacity in which the applicant may be 14
registered; or 15
(c) imposing a condition, qualification or restriction on 16
registration granted to the applicant; or 17
(d) fixing the period of the registration granted to the 18
applicant; or 19
(e) making further inquiries or conducting further 20
investigations in connection with the application. 21
registration means-- 22
(a) registration as a registrant; or 23
(b) renewal of registration as a registrant; or 24
(c) restoration of registration as a registrant.'. 25
Page 17
Health and Other Legislation Amendment Bill 2009
Part 3 Amendment of Dental Practitioners Registration Act 2001
[s 11]
Part 3 Amendment of Dental 1
Practitioners Registration Act 2
2001 3
Clause 11 Act amended in pt 3 4
This part amends the Dental Practitioners Registration Act 5
2001. 6
Clause 12 Amendment of s 64 (Period) 7
Section 64, `6 months'-- 8
omit, insert-- 9
`12 months'. 10
Clause 13 Replacement of s 82 (Ground for cancellation) 11
Section 82-- 12
omit, insert-- 13
`82 Grounds for cancellation 14
`A general registration may be cancelled, under this division, 15
on the following grounds-- 16
(a) the registration happened because the board was given, 17
by the registrant or someone else, information or a 18
document that-- 19
(i) was materially false, within the meaning given by 20
section 232(1), at the time it was given; or 21
(ii) became materially false, within the meaning given 22
by section 232(1), after it was given; 23
(b) the registrant ceases to have, or does not have, the 24
qualifications necessary for registration.'. 25
Page 18
Health and Other Legislation Amendment Bill 2009
Part 3 Amendment of Dental Practitioners Registration Act 2001
[s 14]
Clause 14 Amendment of s 96 (Failure by board to make decision on 1
application) 2
(1) Section 96(1) and (3), `remove'-- 3
omit, insert-- 4
`confirm'. 5
(2) Section 96(4)-- 6
omit. 7
Clause 15 Amendment of s 97 (Failure by board to make decision on 8
review agreed to under s 90) 9
(1) Section 97(1) and (3), `remove'-- 10
omit, insert-- 11
`confirm'. 12
(2) Section 97(4)-- 13
omit. 14
Clause 16 Amendment of s 99 (Amending, replacing, or issuing 15
new, certificate of general registration) 16
(1) Section 99(4)-- 17
omit, insert-- 18
`(4) Subsection (5) applies if a general registrant receives a notice, 19
under section 94(5), about a decision to remove the conditions 20
of the registration.'. 21
(2) Section 99(5), `or taken to have been made'-- 22
omit. 23
Clause 17 Amendment of s 132 (Grounds for cancellation) 24
Section 132(e)-- 25
omit, insert-- 26
Page 19
Health and Other Legislation Amendment Bill 2009
Part 3 Amendment of Dental Practitioners Registration Act 2001
[s 18]
`(e) the registration happened because the board was given, 1
by the registrant or someone else, information or a 2
document that-- 3
(i) was materially false, within the meaning given by 4
section 232(1), at the time it was given; or 5
(ii) became materially false, within the meaning given 6
by section 232(1), after it was given; 7
(f) the registrant ceases to have, or does not have, the 8
qualifications necessary for registration.'. 9
Clause 18 Replacement of s 232 (False or misleading information or 10
documents) 11
Section 232-- 12
omit, insert-- 13
`232 False or misleading information or documents 14
`(1) For this section-- 15
(a) information is taken to be materially false if-- 16
(i) the information is false or misleading in a material 17
particular; or 18
(ii) regardless of the literal truth of the information, it 19
has a propensity to mislead or deceive the board in 20
a material particular, including through the 21
omission of other material information; and 22
(b) a document is taken to be materially false if-- 23
(i) the document contains or conveys information that 24
is materially false; or 25
(ii) the document contains or conveys information that, 26
by the time the document is given to the board, has 27
become materially false; or 28
(iii) the document-- 29
(A) is, or purports to be, a copy of an original 30
document; and 31
Page 20
Health and Other Legislation Amendment Bill 2009
Part 3 Amendment of Dental Practitioners Registration Act 2001
[s 18]
(B) is not, in a material particular, a true, 1
accurate and complete copy of the original 2
document; or 3
(iv) the document-- 4
(A) is, or purports to be, an extract from or 5
summary of an original document; and 6
(B) fails, in a material particular, to convey a 7
true, accurate and complete representation of 8
the information contained in the original 9
document. 10
`(2) A person must not give the board-- 11
(a) information that is materially false to the knowledge of 12
the person; or 13
(b) a document that is materially false to the knowledge of 14
the person. 15
Maximum penalty--200 penalty units. 16
`(3) A person must not contravene subsection (2) in connection 17
with an application for registration by the person or someone 18
else. 19
Maximum penalty--2000 penalty units or 3 years 20
imprisonment. 21
`(4) A person must convey the relevant facts to the board as soon 22
as reasonably practicable after the person-- 23
(a) being a registrant, becomes aware that information or a 24
document that was given to the board in connection with 25
the person's registration-- 26
(i) was materially false when it was given to the 27
board; or 28
(ii) has since become materially false; or 29
(b) being a person who previously gave information or a 30
document to the board, becomes aware that the 31
information or document-- 32
Page 21
Health and Other Legislation Amendment Bill 2009
Part 3 Amendment of Dental Practitioners Registration Act 2001
[s 18]
(i) was materially false when it was given to the 1
board; or 2
(ii) has since become materially false. 3
Maximum penalty--200 penalty units. 4
`(5) A registrant must not act or practise as a registrant, or 5
continue to do so, if-- 6
(a) the registrant committed a contravention of subsection 7
(2) in connection with the registrant's application for 8
registration; or 9
(b) the registrant was knowingly concerned in, or a party to, 10
a contravention of subsection (2) in connection with the 11
registrant's application for registration; or 12
(c) the registrant has failed to convey the relevant facts to 13
the board after becoming aware that information or a 14
document that was given to the board in connection with 15
the registrant's registration-- 16
(i) was materially false when it was given to the 17
board; or 18
(ii) has since become materially false. 19
Maximum penalty--2000 penalty units or 3 years 20
imprisonment. 21
`(6) To remove any doubt, it is declared that in this section-- 22
material particular, in relation to an application for 23
registration, is not limited to a particular that would have been 24
determinative of the application, but includes any particular 25
that, had it been known to the board at the relevant time, might 26
have influenced the board, a member, the executive officer or 27
a member of the office's staff in-- 28
(a) granting or refusing the application; or 29
(b) deciding the capacity in which the applicant may be 30
registered; or 31
(c) imposing a condition, qualification or restriction on 32
registration granted to the applicant; or 33
Page 22
Health and Other Legislation Amendment Bill 2009
Part 4 Amendment of Dental Technicians and Dental Prosthetists Registration Act 2001
[s 19]
(d) fixing the period of the registration granted to the 1
applicant; or 2
(e) making further inquiries or conducting further 3
investigations in connection with the application. 4
registration means-- 5
(a) registration as a registrant; or 6
(b) renewal of registration as a registrant; or 7
(c) restoration of registration as a registrant.'. 8
Part 4 Amendment of Dental 9
Technicians and Dental 10
Prosthetists Registration Act 11
2001 12
Clause 19 Act amended in pt 4 13
This part amends the Dental Technicians and Dental 14
Prosthetists Registration Act 2001. 15
Clause 20 Amendment of s 64 (Period) 16
Section 64, `6 months'-- 17
omit, insert-- 18
`12 months'. 19
Clause 21 Replacement of s 83 (Ground for cancellation) 20
Section 83-- 21
omit, insert-- 22
Page 23
Health and Other Legislation Amendment Bill 2009
Part 4 Amendment of Dental Technicians and Dental Prosthetists Registration Act 2001
[s 22]
`83 Grounds for cancellation 1
`A general registration may be cancelled, under this division, 2
on the following grounds-- 3
(a) the registration happened because the board was given, 4
by the registrant or someone else, information or a 5
document that-- 6
(i) was materially false, within the meaning given by 7
section 214(1), at the time it was given; or 8
(ii) became materially false, within the meaning given 9
by section 214(1), after it was given; 10
(b) the registrant ceases to have, or does not have, the 11
qualifications necessary for registration.'. 12
Clause 22 Amendment of s 98 (Failure by board to make decision on 13
application) 14
(1) Section 98(1) and (3), `remove'-- 15
omit, insert-- 16
`confirm'. 17
(2) Section 98(4)-- 18
omit. 19
Clause 23 Amendment of s 99 (Failure by board to make decision on 20
review agreed to under s 91) 21
(1) Section 99(1) and (3), `remove'-- 22
omit, insert-- 23
`confirm'. 24
(2) Section 99(4)-- 25
omit. 26
Page 24
Health and Other Legislation Amendment Bill 2009
Part 4 Amendment of Dental Technicians and Dental Prosthetists Registration Act 2001
[s 24]
Clause 24 Amendment of s 101 (Amending, replacing, or issuing 1
new, certificate of general registration) 2
(1) Section 101(4)-- 3
omit, insert-- 4
`(4) Subsection (5) applies if a general registrant receives a notice, 5
under section 95(5), about a decision to remove the conditions 6
of the registration.'. 7
(2) Section 101(5), `or taken to have been made'-- 8
omit. 9
Clause 25 Amendment of s 115 (Grounds for cancellation) 10
Section 115(e)-- 11
omit, insert-- 12
`(e) the registration happened because the board was given, 13
by the registrant or someone else, information or a 14
document that-- 15
(i) was materially false, within the meaning given by 16
section 214(1), at the time it was given; or 17
(ii) became materially false, within the meaning given 18
by section 214(1), after it was given; 19
(f) the registrant ceases to have, or does not have, the 20
qualifications necessary for registration.'. 21
Clause 26 Replacement of s 214 (False or misleading information or 22
documents) 23
Section 214-- 24
omit, insert-- 25
`214 False or misleading information or documents 26
`(1) For this section-- 27
(a) information is taken to be materially false if-- 28
Page 25
Health and Other Legislation Amendment Bill 2009
Part 4 Amendment of Dental Technicians and Dental Prosthetists Registration Act 2001
[s 26]
(i) the information is false or misleading in a material 1
particular; or 2
(ii) regardless of the literal truth of the information, it 3
has a propensity to mislead or deceive the board in 4
a material particular, including through the 5
omission of other material information; and 6
(b) a document is taken to be materially false if-- 7
(i) the document contains or conveys information that 8
is materially false; or 9
(ii) the document contains or conveys information that, 10
by the time the document is given to the board, has 11
become materially false; or 12
(iii) the document-- 13
(A) is, or purports to be, a copy of an original 14
document; and 15
(B) is not, in a material particular, a true, 16
accurate and complete copy of the original 17
document; or 18
(iv) the document-- 19
(A) is, or purports to be, an extract from or 20
summary of an original document; and 21
(B) fails, in a material particular, to convey a 22
true, accurate and complete representation of 23
the information contained in the original 24
document. 25
`(2) A person must not give the board-- 26
(a) information that is materially false to the knowledge of 27
the person; or 28
(b) a document that is materially false to the knowledge of 29
the person. 30
Maximum penalty--200 penalty units. 31
Page 26
Health and Other Legislation Amendment Bill 2009
Part 4 Amendment of Dental Technicians and Dental Prosthetists Registration Act 2001
[s 26]
`(3) A person must not contravene subsection (2) in connection 1
with an application for registration by the person or someone 2
else. 3
Maximum penalty--2000 penalty units or 3 years 4
imprisonment. 5
`(4) A person must convey the relevant facts to the board as soon 6
as reasonably practicable after the person-- 7
(a) being a registrant, becomes aware that information or a 8
document that was given to the board in connection with 9
the person's registration-- 10
(i) was materially false when it was given to the 11
board; or 12
(ii) has since become materially false; or 13
(b) being a person who previously gave information or a 14
document to the board, becomes aware that the 15
information or document-- 16
(i) was materially false when it was given to the 17
board; or 18
(ii) has since become materially false. 19
Maximum penalty--200 penalty units. 20
`(5) A registrant must not act or practise as a registrant, or 21
continue to do so, if-- 22
(a) the registrant committed a contravention of subsection 23
(2) in connection with the registrant's application for 24
registration; or 25
(b) the registrant was knowingly concerned in, or a party to, 26
a contravention of subsection (2) in connection with the 27
registrant's application for registration; or 28
(c) the registrant has failed to convey the relevant facts to 29
the board after becoming aware that information or a 30
document that was given to the board in connection with 31
the registrant's registration-- 32
Page 27
Health and Other Legislation Amendment Bill 2009
Part 4 Amendment of Dental Technicians and Dental Prosthetists Registration Act 2001
[s 26]
(i) was materially false when it was given to the 1
board; or 2
(ii) has since become materially false. 3
Maximum penalty--2000 penalty units or 3 years 4
imprisonment. 5
`(6) To remove any doubt, it is declared that in this section-- 6
material particular, in relation to an application for 7
registration, is not limited to a particular that would have been 8
determinative of the application, but includes any particular 9
that, had it been known to the board at the relevant time, might 10
have influenced the board, a member, the executive officer or 11
a member of the office's staff in-- 12
(a) granting or refusing the application; or 13
(b) deciding the capacity in which the applicant may be 14
registered; or 15
(c) imposing a condition, qualification or restriction on 16
registration granted to the applicant; or 17
(d) fixing the period of the registration granted to the 18
applicant; or 19
(e) making further inquiries or conducting further 20
investigations in connection with the application. 21
registration means-- 22
(a) registration as a registrant; or 23
(b) renewal of registration as a registrant; or 24
(c) restoration of registration as a registrant.'. 25
Page 28
Health and Other Legislation Amendment Bill 2009
Part 5 Amendment of Health Practitioners (Professional Standards) Act 1999
[s 27]
Part 5 Amendment of Health 1
Practitioners (Professional 2
Standards) Act 1999 3
Clause 27 Act amended in pt 5 4
This part amends the Health Practitioners (Professional 5
Standards) Act 1999. 6
Clause 28 Amendment of s 12 (Delegation of certain powers) 7
(1) Section 12(1)(c), from `registration'-- 8
omit, insert-- 9
`registration; or'. 10
(2) Section 12(1)(d)-- 11
omit, insert-- 12
`(d) to make a decision to enter into an undertaking with a 13
registrant in relation to disciplinary proceedings; or'. 14
(3) Section 12(2)-- 15
insert-- 16
`(d) a committee of the board established under a relevant 17
health practitioners registration Act, that contains at 18
least 1 member of the board, if the power delegated is-- 19
(i) to make a decision to enter into an undertaking 20
with a registrant, other than an undertaking in 21
relation to disciplinary proceedings; or 22
(ii) to order a registrant to attend for a further health 23
assessment.'. 24
(4) Section 12(3)-- 25
insert-- 26
`(d) a committee of the board, that contains at least 1 27
member of the board, if the power delegated is-- 28
Page 29
Health and Other Legislation Amendment Bill 2009
Part 5 Amendment of Health Practitioners (Professional Standards) Act 1999
[s 29]
(i) to make a decision to enter into an undertaking 1
with a registrant, other than an undertaking in 2
relation to disciplinary proceedings; or 3
(ii) to order a registrant to attend for a further health 4
assessment.'. 5
Clause 29 Insertion of new s 40A 6
After section 40-- 7
insert-- 8
`40A Temporary appointment of panel of assessors 9
`(1) This section applies if the Minister reasonably believes that it 10
is necessary to urgently appoint an individual as a member of 11
a professional panel of assessors because-- 12
(a) the secretary or registrar considers a disciplinary matter 13
is likely to raise issues of a specialist or technical nature, 14
whether on the basis of advice received under section 15
19(1) or 33(1) from a board or otherwise; and 16
(b) the secretary or registrar has advised the Minister that-- 17
(i) none of the panel members have the desirable 18
professional background or skills; or 19
(ii) panel members who do have the desirable 20
professional background or skills will not be 21
available to hear the matter. 22
`(2) Despite section 40(1), the Minister may appoint an individual 23
to a professional panel of assessors for a period of not more 24
than 6 months. 25
`(3) An individual is qualified for appointment to a panel under 26
this section only if the individual is qualified for appointment 27
to the panel under section 40(4).'. 28
Clause 30 Amendment of s 42 (Procedure for recommending 29
members of panels of assessors) 30
Section 42(4), after `assessors'-- 31
Page 30
Health and Other Legislation Amendment Bill 2009
Part 5 Amendment of Health Practitioners (Professional Standards) Act 1999
[s 31]
insert-- 1
`under section 40(1)(b)'. 2
Clause 31 Amendment of s 55 (Notice to be given if complaint 3
rejected) 4
Section 55(1), `within 14 days of'-- 5
omit, insert-- 6
`as soon as practicable after'. 7
Clause 32 Amendment of s 63 (When investigation of registrant may 8
be conducted on board's initiative) 9
(1) Section 63(2) and (3)-- 10
renumber as section 63(3) and (4). 11
(2) Section 63(1)-- 12
omit, insert-- 13
`(1) A registrant's board may investigate the registrant if it 14
reasonably believes that an aspect of the registrant's conduct 15
or practice, or another matter relating to the registrant, may 16
provide a ground for disciplinary action against the registrant. 17
`(2) Subsection (1) applies whether or not the board has received a 18
complaint under the complaints part about the aspect of the 19
registrant's conduct, practice or other matter.'. 20
(3) Section 63(4), as renumbered, `Subsection (2)'-- 21
omit, insert-- 22
`Subsection (3)'. 23
Clause 33 Amendment of s 134 (Powers of board to refer matter to 24
panel or tribunal etc.) 25
Section 134(1), `a hearing'-- 26
omit, insert-- 27
`disciplinary proceedings'. 28
Page 31
Health and Other Legislation Amendment Bill 2009
Part 5 Amendment of Health Practitioners (Professional Standards) Act 1999
[s 34]
Clause 34 Amendment of s 135 (Powers of disciplinary committee 1
to refer to panel or tribunal etc.) 2
Section 135(1), `a hearing'-- 3
omit, insert-- 4
`disciplinary proceedings'. 5
Clause 35 Amendment of s 164 (Decision about whether ground for 6
disciplinary action established) 7
Section 164(1), `within 14 days'-- 8
omit. 9
Clause 36 Amendment of s 168 (Notification of decision) 10
Section 168(4)-- 11
omit, insert-- 12
`(4) The decision takes effect on the day the board or disciplinary 13
committee makes its decision or, if the board or disciplinary 14
committee's decision is to take effect on a later day, on the 15
later day. 16
`(5) However, if the registrant or the registrant's representative is 17
not present when the board or disciplinary committee makes 18
its decision, the decision takes effect on the later of-- 19
(a) the day the notice is given to the registrant; or 20
(b) the day of effect stated in the notice.'. 21
Clause 37 Amendment of s 205 (Notification of decision of panel) 22
Section 205(4)-- 23
omit, insert-- 24
`(4) The decision takes effect on the day the panel makes its 25
decision or, if the panel's decision is to take effect on a later 26
day, on the later day. 27
Page 32
Health and Other Legislation Amendment Bill 2009
Part 5 Amendment of Health Practitioners (Professional Standards) Act 1999
[s 38]
`(5) However, if the registrant or the registrant's representative is 1
not present when the panel makes its decision, the decision 2
takes effect on the later of-- 3
(a) the day the notice is given to the registrant; or 4
(b) the day of effect stated in the notice.'. 5
Clause 38 Amendment of s 255 (Costs) 6
Section 255-- 7
insert-- 8
`(4) If an order is made about costs-- 9
(a) the order may be filed in the registry of a District Court; 10
and 11
(b) on being filed, is taken to be an order made by a District 12
Court and may be enforced accordingly.'. 13
Clause 39 Amendment of s 278 (Notification of board's decision) 14
Section 278(3)-- 15
omit, insert-- 16
`(3) The decision takes effect on the following day-- 17
(a) if the decision is a decision to enter into an undertaking 18
with a registrant under section 276(2)(a)--on the day 19
the undertaking is approved by the board; 20
(b) otherwise--the day the notice is given to the registrant 21
or the day of effect stated in the notice, whichever is 22
later.'. 23
Clause 40 Amendment of s 306 (Registrant may request further 24
health assessment) 25
Section 306-- 26
insert-- 27
Page 33
Health and Other Legislation Amendment Bill 2009
Part 5 Amendment of Health Practitioners (Professional Standards) Act 1999
[s 41]
`(3) The further assessment of the registrant must be conducted at 1
the registrant's expense.'. 2
Clause 41 Amendment of s 377 (Certain investigations not to be 3
conducted or continued) 4
Section 377-- 5
insert-- 6
`(1A) A board may also decide not to continue an investigation of a 7
registrant if the board becomes aware that it is investigating 8
the wrong registrant.'. 9
Clause 42 Amendment of s 392 (Confidentiality) 10
(1) Section 392(3)(ba) to (j)-- 11
renumber as section 392(3)(d) to (l). 12
(2) Section 392(3)-- 13
insert-- 14
`(c) if the disclosure is to the Queensland Nursing Council 15
or the Nursing Tribunal and the disclosure is necessary 16
for the Queensland Nursing Council or the Nursing 17
Tribunal to perform their functions under the Nursing 18
Act 1992; or'. 19
(3) Section 392(3)(k), as renumbered, `paragraph (j)'-- 20
omit, insert-- 21
`paragraph (l).'. 22
Clause 43 Amendment of schedule (Dictionary) 23
Schedule-- 24
insert-- 25
`Nursing Tribunal see the Nursing Act 1992, section 4. 26
Queensland Nursing Council means the council established 27
under the Nursing Act 1992, section 6.'. 28
Page 34
Health and Other Legislation Amendment Bill 2009
Part 6 Amendment of Health Quality and Complaints Commission Act 2006
[s 44]
Part 6 Amendment of Health Quality 1
and Complaints Commission 2
Act 2006 3
Clause 44 Act amended in pt 6 4
This part amends the Health Quality and Complaints 5
Commission Act 2006. 6
Clause 45 Amendment of s 22 (Commission may make standards) 7
Section 22(5)-- 8
omit. 9
Clause 46 Insertion of new s 22A 10
After section 22-- 11
insert-- 12
`22A Process for making or amending standards 13
`(1) This section applies if the commission intends to-- 14
(a) make a standard under section 22; or 15
(b) amend a standard made under section 22, other than by 16
an amendment of a minor nature only. 17
`(2) The commission must prepare a statement (an impact 18
assessment statement) about the standard or the amended 19
standard, that includes the following information-- 20
(a) the name of the standard or the amended standard; 21
(b) the subject matter of the standard or the amended 22
standard; 23
(c) a brief statement of any benefits and costs to a provider 24
or a user of a health service in the provider complying 25
with the standard or the amended standard. 26
Page 35
Health and Other Legislation Amendment Bill 2009
Part 6 Amendment of Health Quality and Complaints Commission Act 2006
[s 46]
`(3) If the costs mentioned in subsection (2)(c) are likely to be 1
appreciable, the statement must also-- 2
(a) quantify the benefits and costs to the extent that it is 3
practicable to do so; and 4
(b) compare the benefits with the costs; and 5
(c) assess whether the benefits exceed the costs. 6
`(4) The commission must publish on its website, for at least 14 7
days-- 8
(a) a copy of the impact assessment statement; and 9
(b) a notice-- 10
(i) inviting anyone to comment on the impact 11
assessment statement; and 12
(ii) stating how and when comment may be made. 13
`(5) In deciding whether to make or amend a standard, the 14
commission must have regard to the information included in 15
the impact assessment statement and to any comments made 16
in relation to it. 17
`(6) The commission must not make or amend a standard under 18
section 22(1) until at least 30 days after the commission first 19
publishes the copy of the impact assessment statement and 20
notice for the standard or the amendment under subsection 21
(4). 22
`(7) The commission may make or amend a standard before the 23
end of the 30 days mentioned in subsection (6) if the Minister 24
approves a lesser period for the making or amending of the 25
standard on the basis that the lesser period will help protect 26
the health and well being of the users of the health service. 27
`(8) Failure to comply with this section does not affect the validity 28
of the standard or amendment.'. 29
Page 36
Health and Other Legislation Amendment Bill 2009
Part 7 Amendment of Health Services Act 1991
[s 47]
Part 7 Amendment of Health Services 1
Act 1991 2
Clause 47 Act amended in pt 7 3
This part amends the Health Services Act 1991. 4
Clause 48 Insertion of new s 62IA 5
After section 62I-- 6
insert-- 7
`62IA Disclosure for the protection, safety or wellbeing of a 8
child 9
`Section 62A(1) does not apply to the disclosure of 10
confidential information by a designated person if-- 11
(a) the disclosure is to a person for the protection, safety or 12
wellbeing of a child; and 13
(b) the confidential information relates to someone other 14
than the child mentioned in paragraph (a).'. 15
Clause 49 Insertion of new s 62KA 16
After section 62K-- 17
insert-- 18
`62KA Disclosure to or by chief executive 19
`(1) Section 62A(1) does not apply to the disclosure of 20
confidential information by a designated person if the 21
disclosure is to the chief executive for achieving the objects of 22
this Act under section 4. 23
`(2) Section 62A(1) does not apply to the disclosure of 24
confidential information by the chief executive if the 25
disclosure is for a function of the chief executive under 26
section 7.'. 27
Page 37
Health and Other Legislation Amendment Bill 2009
Part 8 Amendment of Medical Practitioners Registration Act 2001
[s 50]
Clause 50 Insertion of new s 62PA 1
After section 62P-- 2
insert-- 3
`62PA Disclosure to State lawyers 4
`Section 62A(1) does not apply to the disclosure of 5
confidential information by the chief executive if-- 6
(a) the disclosure is to a lawyer in relation to a matter; and 7
(b) the lawyer is representing the State in relation to the 8
matter.'. 9
Part 8 Amendment of Medical 10
Practitioners Registration Act 11
2001 12
Clause 51 Act amended in pt 8 13
This part amends the Medical Practitioners Registration Act 14
2001. 15
Clause 52 Amendment of s 66 (Period) 16
Section 66, `6 months'-- 17
omit, insert-- 18
`12 months'. 19
Clause 53 Amendment of 84 (Grounds for cancellation) 20
(1) Section 84(b) to (e)-- 21
renumber as section 84(c) to (f). 22
(2) Section 84-- 23
insert-- 24
Page 38
Health and Other Legislation Amendment Bill 2009
Part 8 Amendment of Medical Practitioners Registration Act 2001
[s 54]
`(b) the registrant ceases to have, or does not have, the 1
qualifications necessary for registration;'. 2
Clause 54 Amendment of s 92 (Board to give notice to internship 3
nominee or supervisor) 4
(1) Section 92(1)-- 5
omit, insert-- 6
`(1) If a registrant's registration is subject to internship conditions, 7
the board-- 8
(a) must, as soon as practicable after receiving the 9
registrant's notice under section 91(1); or 10
(b) may, while the registrant is undertaking the prescribed 11
internship; 12
give a notice to the internship nominee for the program 13
undertaken by the registrant.'. 14
(2) Section 92(4)-- 15
omit, insert-- 16
`(4) If a registrant's registration is subject to supervised practice 17
program conditions, the board-- 18
(a) must, as soon as practicable after receiving the 19
registrant's notice under section 91(2); or 20
(b) may, while the registrant is undertaking the supervised 21
practice program; 22
give a notice to the person (the supervisor) supervising the 23
registrant at the time the registrant completed the program or 24
at the time the notice was given.'. 25
Clause 55 Amendment of s 96 (Failure by board to make decision) 26
(1) Section 96(2), `remove'-- 27
omit, insert-- 28
`confirm'. 29
Page 39
Health and Other Legislation Amendment Bill 2009
Part 8 Amendment of Medical Practitioners Registration Act 2001
[s 56]
(2) Section 96(4), `remove'-- 1
insert-- 2
`confirm'. 3
(3) Section 96(5)-- 4
omit. 5
Clause 56 Amendment of s 97 (Issuing new certificate of general 6
registration) 7
(1) Section 97(1)-- 8
omit, insert-- 9
`(1) This section applies if a general registrant receives notice, 10
under section 94(4)(b), about a decision to remove 11
probationary conditions of the registration.'. 12
(2) Section 97(2), `or taken to have been made'-- 13
omit. 14
Clause 57 Amendment of s 106 (Failure by board to make decision 15
on application) 16
(1) Section 106(1) and (3), `remove'-- 17
omit, insert-- 18
`confirm'. 19
(2) Section 106(4)-- 20
omit. 21
Clause 58 Amendment of s 107 (Failure by board to make decision 22
on review agreed to under s 100) 23
(1) Section 107(1) and (3), `remove'-- 24
omit, insert-- 25
`confirm'. 26
Page 40
Health and Other Legislation Amendment Bill 2009
Part 8 Amendment of Medical Practitioners Registration Act 2001
[s 59]
(2) Section 107(4)-- 1
omit. 2
Clause 59 Amendment of s 109 (Amending, replacing, or issuing 3
new, certificate of general registration) 4
(1) Section 109(4)-- 5
omit, insert-- 6
`(4) Subsection (5) applies if a general registrant receives a notice, 7
under section 104(5), about a decision to remove the 8
conditions of the registration.'. 9
(2) Section 109(5), `or taken to have been made'-- 10
omit. 11
Clause 60 Amendment of s 149 (Grounds for cancellation) 12
Section 149(1)-- 13
insert-- 14
`(f) the registrant ceases to have, or does not have, the 15
qualifications necessary for registration.'. 16
Clause 61 Insertion of new pt 4, div 2 17
After section 165-- 18
insert-- 19
`Division 2 Reportable misconduct 20
`166 Registrant must give notice about reportable 21
misconduct 22
`(1) Subsection (2) applies if, in the practice of the profession, a 23
registrant (the first registrant) becomes aware, or reasonably 24
suspects, that another registrant (the second registrant) has 25
engaged in reportable misconduct. 26
Page 41
Health and Other Legislation Amendment Bill 2009
Part 8 Amendment of Medical Practitioners Registration Act 2001
[s 61]
`(2) The first registrant must, as soon as practicable, give the board 1
a written notice stating the following information-- 2
(a) the first registrant's name and address; 3
(b) the second registrant's name; 4
(c) details about the following-- 5
(i) the nature of the reportable misconduct; 6
(ii) when the reportable misconduct happened, if 7
known by the registrant; 8
(iii) where the reportable misconduct happened, if 9
known by the registrant. 10
Note-- 11
A contravention of subsection (2) by a registrant is conduct forming the 12
basis for a ground for disciplinary action against the registrant under the 13
Health Practitioners (Professional Standards) Act 1999, section 14
124(1)(f). 15
`(3) A notice given to the board under subsection (2) is taken to be 16
a complaint about the second registrant made under the 17
Health Practitioners (Professional Standards) Act 1999, part 18
3. 19
`(4) In this section-- 20
harm, to a person, means any detrimental effect of a 21
significant nature on the person's physical or psychological 22
wellbeing. 23
reportable misconduct, by a registrant, means-- 24
(a) conduct relating to the practice of the profession that 25
would reasonably be considered to be sexual 26
misconduct; or 27
(b) practice of the profession while intoxicated by a drug or 28
alcohol; or 29
(c) practice of the profession-- 30
(i) while affected by a physical or mental impairment, 31
or other health condition, other than intoxication 32
by a drug or alcohol; and 33
Page 42
Health and Other Legislation Amendment Bill 2009
Part 8 Amendment of Medical Practitioners Registration Act 2001
[s 62]
(ii) that causes, or is likely to cause, harm to a person 1
receiving professional services from the registrant 2
practising the profession; or 3
(d) practice of the profession-- 4
(i) in a way that departs from accepted standards of 5
the profession; and 6
(ii) that causes, or is likely to cause, harm to a person 7
receiving professional services from the registrant 8
practising the profession.'. 9
Clause 62 Amendment of s 173 (Reprisal and grounds for reprisals) 10
Section 173(1)(a) and (b), after `division 1'-- 11
insert-- 12
`, division 2'. 13
Clause 63 Amendment of s 178 (Definition for pt 5) 14
Section 178, definition program, after `means'-- 15
insert-- 16
`all or part of'. 17
Clause 64 Amendment of s 182 (Decision) 18
Section 182(3), after `program'-- 19
insert-- 20
`or to accredit only part of the program applied for'. 21
Clause 65 Amendment of s 189 (Decision) 22
Section 189-- 23
insert-- 24
`(5) If it decides to renew only part of the accreditation applied for, 25
it must as soon as practicable-- 26
Page 43
Health and Other Legislation Amendment Bill 2009
Part 9 Amendment of Medical Radiation Technologists Registration Act 2001
[s 66]
(a) give the applicant an information notice about the 1
decision; and 2
(b) either-- 3
(i) endorse the existing accreditation certificate for the 4
program; or 5
(ii) cancel the existing certificate and issue another 6
accreditation certificate for the program.'. 7
Clause 66 Amendment of s 195 (Return of accreditation certificate 8
to board) 9
(1) Section 195(1), after `cancelled'-- 10
insert-- 11
`all or part of'. 12
(2) Section 195-- 13
insert-- 14
`(3) If the board has cancelled part of the accreditation for a 15
program, the board must issue to the holder another 16
accreditation certificate for any part of the accreditation that is 17
not cancelled.'. 18
Part 9 Amendment of Medical 19
Radiation Technologists 20
Registration Act 2001 21
Clause 67 Act amended in pt 9 22
This part amends the Medical Radiation Technologists 23
Registration Act 2001. 24
Page 44
Health and Other Legislation Amendment Bill 2009
Part 9 Amendment of Medical Radiation Technologists Registration Act 2001
[s 68]
Clause 68 Amendment of s 68 (Period) 1
Section 68, `6 months'-- 2
omit, insert-- 3
`12 months'. 4
Clause 69 Amendment of 86 (Grounds for cancellation) 5
(1) Section 86(b) to (d)-- 6
renumber as section 86(c) to (e). 7
(2) Section 86(a)-- 8
omit, insert-- 9
`(a) the registration happened because the board was given, 10
by the registrant or someone else, information or a 11
document that-- 12
(i) was materially false, within the meaning given by 13
section 226(1), at the time it was given; or 14
(ii) became materially false, within the meaning given 15
by section 226(1), after it was given; 16
(b) the registrant ceases to have, or does not have, the 17
qualifications necessary for registration;'. 18
Clause 70 Amendment of s 94 (Board to give notice to supervisor) 19
Section 94(1)-- 20
omit, insert-- 21
`(1) The board-- 22
(a) must, as soon as practicable after receiving the 23
probationary registrant's notice under section 93; or 24
(b) may, while the registrant is undertaking the supervised 25
practice program; 26
give a notice to the registrant's supervisor.'. 27
Page 45
Health and Other Legislation Amendment Bill 2009
Part 9 Amendment of Medical Radiation Technologists Registration Act 2001
[s 71]
Clause 71 Amendment of s 99 (Failure by board to make decision) 1
(1) Section 99(2) and (4), `remove'-- 2
omit, insert-- 3
`confirm'. 4
(2) Section 99(5)-- 5
omit. 6
Clause 72 Amendment of s 101 (Amending, replacing, or issuing 7
new, certificate of general registration) 8
(1) Section 101(4)-- 9
omit, insert-- 10
`(4) Subsection (5) applies if a probationary registrant receives a 11
notice, under section 97(5)(c), about a decision to remove the 12
probationary conditions of the registration.'. 13
(2) Section 101(5), `or taken to have been made'-- 14
omit. 15
Clause 73 Amendment of s 110 (Failure by board to make decision 16
on application) 17
(1) Section 110(1) and (3), `remove'-- 18
omit, insert-- 19
`confirm'. 20
(2) Section 110(4)-- 21
omit. 22
Clause 74 Amendment of s 111 (Failure by board to make decision 23
on review agreed to under s 104) 24
(1) Section 111(1) and (3), `remove'-- 25
omit, insert-- 26
`confirm'. 27
Page 46
Health and Other Legislation Amendment Bill 2009
Part 9 Amendment of Medical Radiation Technologists Registration Act 2001
[s 75]
(2) Section 111(4)-- 1
omit. 2
Clause 75 Amendment of s 113 (Amending, replacing, or issuing 3
new, certificate of general registration) 4
(1) Section 113(4)-- 5
omit, insert-- 6
`(4) Subsection (5) applies if a general registrant receives a notice, 7
under section 108(5), about a decision to remove the 8
conditions of the registration.'. 9
(2) Section 113(5), `or taken to have been made'-- 10
omit. 11
Clause 76 Amendment of s 128 (Grounds for cancellation) 12
Section 128(e)-- 13
omit, insert-- 14
`(e) the registration happened because the board was given, 15
by the registrant or someone else, information or a 16
document that-- 17
(i) was materially false, within the meaning given by 18
section 226(1), at the time it was given; or 19
(ii) became materially false, within the meaning given 20
by section 226(1), after it was given; 21
(f) the registrant ceases to have, or does not have, the 22
qualifications necessary for registration.'. 23
Clause 77 Replacement of s 226 (False or misleading information or 24
documents) 25
Section 226-- 26
omit, insert-- 27
Page 47
Health and Other Legislation Amendment Bill 2009
Part 9 Amendment of Medical Radiation Technologists Registration Act 2001
[s 77]
`226 False or misleading information or documents 1
`(1) For this section-- 2
(a) information is taken to be materially false if-- 3
(i) the information is false or misleading in a material 4
particular; or 5
(ii) regardless of the literal truth of the information, it 6
has a propensity to mislead or deceive the board in 7
a material particular, including through the 8
omission of other material information; and 9
(b) a document is taken to be materially false if-- 10
(i) the document contains or conveys information that 11
is materially false; or 12
(ii) the document contains or conveys information that, 13
by the time the document is given to the board, has 14
become materially false; or 15
(iii) the document-- 16
(A) is, or purports to be, a copy of an original 17
document; and 18
(B) is not, in a material particular, a true, 19
accurate and complete copy of the original 20
document; or 21
(iv) the document-- 22
(A) is, or purports to be, an extract from or 23
summary of an original document; and 24
(B) fails, in a material particular, to convey a 25
true, accurate and complete representation of 26
the information contained in the original 27
document. 28
`(2) A person must not give the board-- 29
(a) information that is materially false to the knowledge of 30
the person; or 31
Page 48
Health and Other Legislation Amendment Bill 2009
Part 9 Amendment of Medical Radiation Technologists Registration Act 2001
[s 77]
(b) a document that is materially false to the knowledge of 1
the person. 2
Maximum penalty--200 penalty units. 3
`(3) A person must not contravene subsection (2) in connection 4
with an application for registration by the person or someone 5
else. 6
Maximum penalty--2000 penalty units or 3 years 7
imprisonment. 8
`(4) A person must convey the relevant facts to the board as soon 9
as reasonably practicable after the person-- 10
(a) being a registrant, becomes aware that information or a 11
document that was given to the board in connection with 12
the person's registration-- 13
(i) was materially false when it was given to the 14
board; or 15
(ii) has since become materially false; or 16
(b) being a person who previously gave information or a 17
document to the board, becomes aware that the 18
information or document-- 19
(i) was materially false when it was given to the 20
board; or 21
(ii) has since become materially false. 22
Maximum penalty--200 penalty units. 23
`(5) A registrant must not act or practise as a registrant, or 24
continue to do so, if-- 25
(a) the registrant committed a contravention of subsection 26
(2) in connection with the registrant's application for 27
registration; or 28
(b) the registrant was knowingly concerned in, or a party to, 29
a contravention of subsection (2) in connection with the 30
registrant's application for registration; or 31
(c) the registrant has failed to convey the relevant facts to 32
the board after becoming aware that information or a 33
Page 49
Health and Other Legislation Amendment Bill 2009
Part 9 Amendment of Medical Radiation Technologists Registration Act 2001
[s 77]
document that was given to the board in connection with 1
the registrant's registration-- 2
(i) was materially false when it was given to the 3
board; or 4
(ii) has since become materially false. 5
Maximum penalty--2000 penalty units or 3 years 6
imprisonment. 7
`(6) To remove any doubt, it is declared that in this section-- 8
material particular, in relation to an application for 9
registration, is not limited to a particular that would have been 10
determinative of the application, but includes any particular 11
that, had it been known to the board at the relevant time, might 12
have influenced the board, a member, the executive officer or 13
a member of the office's staff in-- 14
(a) granting or refusing the application; or 15
(b) deciding the capacity in which the applicant may be 16
registered; or 17
(c) imposing a probationary condition or other condition, 18
qualification or restriction on registration granted to the 19
applicant; or 20
(d) fixing the period of the registration granted to the 21
applicant; or 22
(e) making further inquiries or conducting further 23
investigations in connection with the application. 24
registration means-- 25
(a) registration as a registrant; or 26
(b) renewal of registration as a registrant; or 27
(c) restoration of registration as a registrant.'. 28
Page 50
Health and Other Legislation Amendment Bill 2009
Part 10 Amendment of Nursing Act 1992
[s 78]
Part 10 Amendment of Nursing Act 1
1992 2
Clause 78 Act amended in pt 10 3
This part amends the Nursing Act 1992. 4
Clause 79 Amendment of s 4 (Definitions) 5
Section 4, definitions health practitioner registration Act and 6
health professional-- 7
omit. 8
Clause 80 Amendment of s 77B (Definitions for pt 3A) 9
Section 77B, definitions health practitioner registration Act 10
and health professional-- 11
relocate to section 4. 12
Clause 81 Amendment of s 96 (Constitution of tribunal for particular 13
proceeding) 14
(1) Section 96(3)(j) to (m)-- 15
renumber as section 96(3)(k) to (n). 16
(2) Section 96(3)-- 17
insert-- 18
`(j) the discovery or inspection of documents;'. 19
Clause 82 Insertion of new pt 7, div 2, sdiv 1 and pt 7, div 2, sdiv 2, 20
hdg 21
Part 7, division 2-- 22
insert-- 23
Page 51
Health and Other Legislation Amendment Bill 2009
Part 10 Amendment of Nursing Act 1992
[s 82]
`Subdivision 1 Power to obtain information 1
`127A Power to require information or attendance 2
`For conducting an investigation, an inspector may, by written 3
notice given to a person, require the person-- 4
(a) to give stated information to the inspector within a 5
stated reasonable time and in a stated reasonable way; or 6
(b) to attend before the inspector at a stated reasonable time 7
and place-- 8
(i) to answer questions; or 9
(ii) to produce a stated thing. 10
`127B Offences 11
`(1) A person required to give stated information to an inspector 12
under section 127A must not fail, without reasonable excuse, 13
to give the information as required by the notice. 14
Maximum penalty--50 penalty units. 15
`(2) A person given a notice to attend before an inspector must not 16
fail, without reasonable excuse, to-- 17
(a) attend as required by the notice; or 18
(b) continue to attend as required by the inspector until 19
excused from further attendance; or 20
(c) answer a question the person is required to answer by 21
the inspector; or 22
(d) produce a thing the person is required to produce by the 23
notice. 24
Maximum penalty--50 penalty units. 25
`127C Self-incrimination 26
`For section 127B, it is a reasonable excuse for an individual 27
to fail to give stated information, answer a question or to 28
Page 52
Health and Other Legislation Amendment Bill 2009
Part 10 Amendment of Nursing Act 1992
[s 83]
produce a stated thing, if giving the information, answering 1
the question or producing the thing might tend to incriminate 2
the individual. 3
`127D Inspection of produced things 4
`(1) If a thing is produced to an inspector, whether under a notice 5
under section 127A or otherwise, the inspector may inspect it. 6
`(2) The inspector may do all or any of the following if the 7
inspector reasonably considers the thing may be relevant to 8
the investigation being conducted by the inspector-- 9
(a) photograph the thing; 10
(b) for a document--make a copy of, or take an extract 11
from, it; 12
(c) keep the thing while it is necessary for the investigation. 13
`(3) If the inspector keeps the thing, the inspector must permit a 14
person otherwise entitled to possession of the thing to-- 15
(a) for a document--inspect, make a copy of, or take an 16
extract from, the document, at the reasonable time and 17
place the inspector decides; and 18
(b) for another thing--inspect or photograph the thing, at 19
the reasonable time and place the inspector decides. 20
`Subdivision 2 Entry of places by inspector'. 21
Clause 83 Amendment of s 139 (Confidentiality of documents and 22
information) 23
(1) Section 139(1)-- 24
insert-- 25
`health professional's board means the board responsible for 26
administering the health practitioner registration Act under 27
which the health practitioner is registered.'. 28
(2) Section 139-- 29
Page 53
Health and Other Legislation Amendment Bill 2009
Part 11 Amendment of Occupational Therapists Registration Act 2001
[s 84]
insert-- 1
`(2B) Also, if the protected document or protected information 2
relates to a health professional, a person to whom this section 3
applies may disclose the protected document or protected 4
information to the health professional's board if it is necessary 5
for the board to perform its functions.'. 6
Part 11 Amendment of Occupational 7
Therapists Registration Act 8
2001 9
Clause 84 Act amended in pt 11 10
This part amends the Occupational Therapists Registration 11
Act 2001. 12
Clause 85 Amendment of s 64 (Period) 13
Section 64, `6 months'-- 14
omit, insert-- 15
`12 months'. 16
Clause 86 Replacement of s 82 (Ground for cancellation) 17
Section 82-- 18
omit, insert-- 19
`82 Grounds for cancellation 20
`A general registration may be cancelled, under this division, 21
on the following grounds-- 22
(a) the registration happened because the board was given, 23
by the registrant or someone else, information or a 24
document that-- 25
Page 54
Health and Other Legislation Amendment Bill 2009
Part 11 Amendment of Occupational Therapists Registration Act 2001
[s 87]
(i) was materially false, within the meaning given by 1
section 210(1), at the time it was given; or 2
(ii) became materially false, within the meaning given 3
by section 210(1), after it was given; 4
(b) the registrant ceases to have, or does not have, the 5
qualifications necessary for registration.'. 6
Clause 87 Amendment of s 96 (Failure by board to make decision on 7
application) 8
(1) Section 96(1) and (3), `remove'-- 9
omit, insert-- 10
`confirm'. 11
(2) Section 96(4)-- 12
omit. 13
Clause 88 Amendment of s 97 (Failure by board to make decision on 14
review agreed to under s 90) 15
(1) Section 97(1) and (3), `remove'-- 16
omit, insert-- 17
`confirm'. 18
(2) Section 97(4)-- 19
omit. 20
Clause 89 Amendment of s 99 (Amending, replacing, or issuing 21
new, certificate of general registration) 22
(1) Section 99(4)-- 23
omit, insert-- 24
`(4) Subsection (5) applies if a general registrant receives a notice, 25
under section 94(5), about a decision to remove the conditions 26
of the registration.'. 27
Page 55
Health and Other Legislation Amendment Bill 2009
Part 11 Amendment of Occupational Therapists Registration Act 2001
[s 90]
(2) Section 99(5), `or taken to have been made'-- 1
omit. 2
Clause 90 Amendment of s 113 (Grounds for cancellation) 3
Section 113(e)-- 4
omit, insert-- 5
`(e) the registration happened because the board was given, 6
by the registrant or someone else, information or a 7
document that-- 8
(i) was materially false, within the meaning given by 9
section 210(1), at the time it was given; or 10
(ii) became materially false, within the meaning given 11
by section 210(1), after it was given; 12
(f) the registrant ceases to have, or does not have, the 13
qualifications necessary for registration.'. 14
Clause 91 Replacement of s 210 (False or misleading information or 15
documents) 16
Section 210-- 17
omit, insert-- 18
`210 False or misleading information or documents 19
`(1) For this section-- 20
(a) information is taken to be materially false if-- 21
(i) the information is false or misleading in a material 22
particular; or 23
(ii) regardless of the literal truth of the information, it 24
has a propensity to mislead or deceive the board in 25
a material particular, including through the 26
omission of other material information; and 27
(b) a document is taken to be materially false if-- 28
Page 56
Health and Other Legislation Amendment Bill 2009
Part 11 Amendment of Occupational Therapists Registration Act 2001
[s 91]
(i) the document contains or conveys information that 1
is materially false; or 2
(ii) the document contains or conveys information that, 3
by the time the document is given to the board, has 4
become materially false; or 5
(iii) the document-- 6
(A) is, or purports to be, a copy of an original 7
document; and 8
(B) is not, in a material particular, a true, 9
accurate and complete copy of the original 10
document; or 11
(iv) the document-- 12
(A) is, or purports to be, an extract from or 13
summary of an original document; and 14
(B) fails, in a material particular, to convey a 15
true, accurate and complete representation of 16
the information contained in the original 17
document. 18
`(2) A person must not give the board-- 19
(a) information that is materially false to the knowledge of 20
the person; or 21
(b) a document that is materially false to the knowledge of 22
the person. 23
Maximum penalty--200 penalty units. 24
`(3) A person must not contravene subsection (2) in connection 25
with an application for registration by the person or someone 26
else. 27
Maximum penalty--2000 penalty units or 3 years 28
imprisonment. 29
`(4) A person must convey the relevant facts to the board as soon 30
as reasonably practicable after the person-- 31
Page 57
Health and Other Legislation Amendment Bill 2009
Part 11 Amendment of Occupational Therapists Registration Act 2001
[s 91]
(a) being a registrant, becomes aware that information or a 1
document that was given to the board in connection with 2
the person's registration-- 3
(i) was materially false when it was given to the 4
board; or 5
(ii) has since become materially false; or 6
(b) being a person who previously gave information or a 7
document to the board, becomes aware that the 8
information or document-- 9
(i) was materially false when it was given to the 10
board; or 11
(ii) has since become materially false. 12
Maximum penalty--200 penalty units. 13
`(5) A registrant must not act or practise as a registrant, or 14
continue to do so, if-- 15
(a) the registrant committed a contravention of subsection 16
(2) in connection with the registrant's application for 17
registration; or 18
(b) the registrant was knowingly concerned in, or a party to, 19
a contravention of subsection (2) in connection with the 20
registrant's application for registration; or 21
(c) the registrant has failed to convey the relevant facts to 22
the board after becoming aware that information or a 23
document that was given to the board in connection with 24
the registrant's registration-- 25
(i) was materially false when it was given to the 26
board; or 27
(ii) has since become materially false. 28
Maximum penalty--2000 penalty units or 3 years 29
imprisonment. 30
`(6) To remove any doubt, it is declared that in this section-- 31
material particular, in relation to an application for 32
registration, is not limited to a particular that would have been 33
Page 58
Health and Other Legislation Amendment Bill 2009
Part 12 Amendment of Optometrists Registration Act 2001
[s 92]
determinative of the application, but includes any particular 1
that, had it been known to the board at the relevant time, might 2
have influenced the board, a member, the executive officer or 3
a member of the office's staff in-- 4
(a) granting or refusing the application; or 5
(b) deciding the capacity in which the applicant may be 6
registered; or 7
(c) imposing a condition, qualification or restriction on 8
registration granted to the applicant; or 9
(d) fixing the period of the registration granted to the 10
applicant; or 11
(e) making further inquiries or conducting further 12
investigations in connection with the application. 13
registration means-- 14
(a) registration as a registrant; or 15
(b) renewal of registration as a registrant; or 16
(c) restoration of registration as a registrant.'. 17
Part 12 Amendment of Optometrists 18
Registration Act 2001 19
Clause 92 Act amended in pt 12 20
This part amends the Optometrists Registration Act 2001. 21
Clause 93 Amendment of s 64 (Period) 22
Section 64, `6 months'-- 23
omit, insert-- 24
`12 months'. 25
Page 59
Health and Other Legislation Amendment Bill 2009
Part 12 Amendment of Optometrists Registration Act 2001
[s 94]
Clause 94 Replacement of s 82 (Ground for cancellation) 1
Section 82-- 2
omit, insert-- 3
`82 Grounds for cancellation 4
`A general registration may be cancelled, under this division, 5
on the following grounds-- 6
(a) the registration happened because the board was given, 7
by the registrant or someone else, information or a 8
document that-- 9
(i) was materially false, within the meaning given by 10
section 207(1), at the time it was given; or 11
(ii) became materially false, within the meaning given 12
by section 207(1), after it was given; 13
(b) the registrant ceases to have, or does not have, the 14
qualifications necessary for registration.'. 15
Clause 95 Amendment of s 96 (Failure by board to make decision on 16
application) 17
(1) Section 96(1) and (3), `remove'-- 18
omit, insert-- 19
`confirm'. 20
(2) Section 96(4)-- 21
omit. 22
Clause 96 Amendment of s 97 (Failure by board to make decision on 23
review agreed to under s 90) 24
(1) Section 97(1) and (3), `remove'-- 25
omit, insert-- 26
`confirm'. 27
(2) Section 97(4)-- 28
omit. 29
Page 60
Health and Other Legislation Amendment Bill 2009
Part 12 Amendment of Optometrists Registration Act 2001
[s 97]
Clause 97 Amendment of s 99 (Amending, replacing, or issuing 1
new, certificate of general registration) 2
(1) Section 99(4)-- 3
omit, insert-- 4
`(4) Subsection (5) applies if a general registrant receives a notice, 5
under section 94(5), about a decision to remove the conditions 6
of the registration.'. 7
(2) Section 99(5), `or taken to have been made'-- 8
omit. 9
Clause 98 Amendment of s 113 (Grounds for cancellation) 10
Section 113(e)-- 11
omit, insert-- 12
`(e) the registration happened because the board was given, 13
by the registrant or someone else, information or a 14
document that-- 15
(i) was materially false, within the meaning given by 16
section 207(1), at the time it was given; or 17
(ii) became materially false, within the meaning given 18
by section 207(1), after it was given; 19
(f) the registrant ceases to have, or does not have, the 20
qualifications necessary for registration.'. 21
Clause 99 Replacement of s 207 (False or misleading information or 22
documents) 23
Section 207-- 24
omit, insert-- 25
`207 False or misleading information or documents 26
`(1) For this section-- 27
(a) information is taken to be materially false if-- 28
Page 61
Health and Other Legislation Amendment Bill 2009
Part 12 Amendment of Optometrists Registration Act 2001
[s 99]
(i) the information is false or misleading in a material 1
particular; or 2
(ii) regardless of the literal truth of the information, it 3
has a propensity to mislead or deceive the board in 4
a material particular, including through the 5
omission of other material information; and 6
(b) a document is taken to be materially false if-- 7
(i) the document contains or conveys information that 8
is materially false; or 9
(ii) the document contains or conveys information that, 10
by the time the document is given to the board, has 11
become materially false; or 12
(iii) the document-- 13
(A) is, or purports to be, a copy of an original 14
document; and 15
(B) is not, in a material particular, a true, 16
accurate and complete copy of the original 17
document; or 18
(iv) the document-- 19
(A) is, or purports to be, an extract from or 20
summary of an original document; and 21
(B) fails, in a material particular, to convey a 22
true, accurate and complete representation of 23
the information contained in the original 24
document. 25
`(2) A person must not give the board-- 26
(a) information that is materially false to the knowledge of 27
the person; or 28
(b) a document that is materially false to the knowledge of 29
the person. 30
Maximum penalty--200 penalty units. 31
Page 62
Health and Other Legislation Amendment Bill 2009
Part 12 Amendment of Optometrists Registration Act 2001
[s 99]
`(3) A person must not contravene subsection (2) in connection 1
with an application for registration by the person or someone 2
else. 3
Maximum penalty--2000 penalty units or 3 years 4
imprisonment. 5
`(4) A person must convey the relevant facts to the board as soon 6
as reasonably practicable after the person-- 7
(a) being a registrant, becomes aware that information or a 8
document that was given to the board in connection with 9
the person's registration-- 10
(i) was materially false when it was given to the 11
board; or 12
(ii) has since become materially false; or 13
(b) being a person who previously gave information or a 14
document to the board, becomes aware that the 15
information or document-- 16
(i) was materially false when it was given to the 17
board; or 18
(ii) has since become materially false. 19
Maximum penalty--200 penalty units. 20
`(5) A registrant must not act or practise as a registrant, or 21
continue to do so, if-- 22
(a) the registrant committed a contravention of subsection 23
(2) in connection with the registrant's application for 24
registration; or 25
(b) the registrant was knowingly concerned in, or a party to, 26
a contravention of subsection (2) in connection with the 27
registrant's application for registration; or 28
(c) the registrant has failed to convey the relevant facts to 29
the board after becoming aware that information or a 30
document that was given to the board in connection with 31
the registrant's registration-- 32
Page 63
Health and Other Legislation Amendment Bill 2009
Part 12 Amendment of Optometrists Registration Act 2001
[s 99]
(i) was materially false when it was given to the 1
board; or 2
(ii) has since become materially false. 3
Maximum penalty--2000 penalty units or 3 years 4
imprisonment. 5
`(6) To remove any doubt, it is declared that in this section-- 6
material particular, in relation to an application for 7
registration, is not limited to a particular that would have been 8
determinative of the application, but includes any particular 9
that, had it been known to the board at the relevant time, might 10
have influenced the board, a member, the executive officer or 11
a member of the office's staff in-- 12
(a) granting or refusing the application; or 13
(b) deciding the capacity in which the applicant may be 14
registered; or 15
(c) imposing a condition, qualification or restriction on 16
registration granted to the applicant; or 17
(d) fixing the period of the registration granted to the 18
applicant; or 19
(e) making further inquiries or conducting further 20
investigations in connection with the application. 21
registration means-- 22
(a) registration as a registrant; or 23
(b) renewal of registration as a registrant; or 24
(c) restoration of registration as a registrant.'. 25
Page 64
Health and Other Legislation Amendment Bill 2009
Part 13 Amendment of Osteopaths Registration Act 2001
[s 100]
Part 13 Amendment of Osteopaths 1
Registration Act 2001 2
Clause 100 Act amended in pt 13 3
This part amends the Osteopaths Registration Act 2001. 4
Clause 101 Amendment of s 64 (Period) 5
Section 64, `6 months'-- 6
omit, insert-- 7
`12 months'. 8
Clause 102 Replacement of s 82 (Ground for cancellation) 9
Section 82-- 10
omit, insert-- 11
`82 Grounds for cancellation 12
`A general registration may be cancelled, under this division, 13
on the following grounds-- 14
(a) the registration happened because the board was given, 15
by the registrant or someone else, information or a 16
document that-- 17
(i) was materially false, within the meaning given by 18
section 210(1), at the time it was given; or 19
(ii) became materially false, within the meaning given 20
by section 210(1), after it was given; 21
(b) the registrant ceases to have, or does not have, the 22
qualifications necessary for registration.'. 23
Clause 103 Amendment of s 96 (Failure by board to make decision on 24
application) 25
(1) Section 96(1) and (3), `remove'-- 26
Page 65
Health and Other Legislation Amendment Bill 2009
Part 13 Amendment of Osteopaths Registration Act 2001
[s 104]
omit, insert-- 1
`confirm'. 2
(2) Section 96(4)-- 3
omit. 4
Clause 104 Amendment of s 97 (Failure by board to make decision on 5
review agreed to under s 90) 6
(1) Section 97(1) and (3), `remove'-- 7
omit, insert-- 8
`confirm'. 9
(2) Section 97(4)-- 10
omit. 11
Clause 105 Amendment of s 99 (Amending, replacing, or issuing 12
new, certificate of general registration) 13
(1) Section 99(4)-- 14
omit, insert-- 15
`(4) Subsection (5) applies if a general registrant receives a notice, 16
under section 94(5), about a decision to remove the conditions 17
of the registration.'. 18
(2) Section 99(5), `or taken to have been made'-- 19
omit. 20
Clause 106 Amendment of s 113 (Grounds for cancellation) 21
Section 113(e)-- 22
omit, insert-- 23
`(e) the registration happened because the board was given, 24
by the registrant or someone else, information or a 25
document that-- 26
Page 66
Health and Other Legislation Amendment Bill 2009
Part 13 Amendment of Osteopaths Registration Act 2001
[s 107]
(i) was materially false, within the meaning given by 1
section 210(1), at the time it was given; or 2
(ii) became materially false, within the meaning given 3
by section 210(1), after it was given; 4
(f) the registrant ceases to have, or does not have, the 5
qualifications necessary for registration.'. 6
Clause 107 Replacement of s 210 (False or misleading information or 7
documents) 8
Section 210-- 9
omit, insert-- 10
`210 False or misleading information or documents 11
`(1) For this section-- 12
(a) information is taken to be materially false if-- 13
(i) the information is false or misleading in a material 14
particular; or 15
(ii) regardless of the literal truth of the information, it 16
has a propensity to mislead or deceive the board in 17
a material particular, including through the 18
omission of other material information; and 19
(b) a document is taken to be materially false if-- 20
(i) the document contains or conveys information that 21
is materially false; or 22
(ii) the document contains or conveys information that, 23
by the time the document is given to the board, has 24
become materially false; or 25
(iii) the document-- 26
(A) is, or purports to be, a copy of an original 27
document; and 28
(B) is not, in a material particular, a true, 29
accurate and complete copy of the original 30
document; or 31
Page 67
Health and Other Legislation Amendment Bill 2009
Part 13 Amendment of Osteopaths Registration Act 2001
[s 107]
(iv) the document-- 1
(A) is, or purports to be, an extract from or 2
summary of an original document; and 3
(B) fails, in a material particular, to convey a 4
true, accurate and complete representation of 5
the information contained in the original 6
document. 7
`(2) A person must not give the board-- 8
(a) information that is materially false to the knowledge of 9
the person; or 10
(b) a document that is materially false to the knowledge of 11
the person. 12
Maximum penalty--200 penalty units. 13
`(3) A person must not contravene subsection (2) in connection 14
with an application for registration by the person or someone 15
else. 16
Maximum penalty--2000 penalty units or 3 years 17
imprisonment. 18
`(4) A person must convey the relevant facts to the board as soon 19
as reasonably practicable after the person-- 20
(a) being a registrant, becomes aware that information or a 21
document that was given to the board in connection with 22
the person's registration-- 23
(i) was materially false when it was given to the 24
board; or 25
(ii) has since become materially false; or 26
(b) being a person who previously gave information or a 27
document to the board, becomes aware that the 28
information or document-- 29
(i) was materially false when it was given to the 30
board; or 31
(ii) has since become materially false. 32
Page 68
Health and Other Legislation Amendment Bill 2009
Part 13 Amendment of Osteopaths Registration Act 2001
[s 107]
Maximum penalty--200 penalty units. 1
`(5) A registrant must not act or practise as a registrant, or 2
continue to do so, if-- 3
(a) the registrant committed a contravention of subsection 4
(2) in connection with the registrant's application for 5
registration; or 6
(b) the registrant was knowingly concerned in, or a party to, 7
a contravention of subsection (2) in connection with the 8
registrant's application for registration; or 9
(c) the registrant has failed to convey the relevant facts to 10
the board after becoming aware that information or a 11
document that was given to the board in connection with 12
the registrant's registration-- 13
(i) was materially false when it was given to the 14
board; or 15
(ii) has since become materially false. 16
Maximum penalty--2000 penalty units or 3 years 17
imprisonment. 18
`(6) To remove any doubt, it is declared that in this section-- 19
material particular, in relation to an application for 20
registration, is not limited to a particular that would have been 21
determinative of the application, but includes any particular 22
that, had it been known to the board at the relevant time, might 23
have influenced the board, a member, the executive officer or 24
a member of the office's staff in-- 25
(a) granting or refusing the application; or 26
(b) deciding the capacity in which the applicant may be 27
registered; or 28
(c) imposing a condition, qualification or restriction on 29
registration granted to the applicant; or 30
(d) fixing the period of the registration granted to the 31
applicant; or 32
Page 69
Health and Other Legislation Amendment Bill 2009
Part 14 Amendment of Pharmacists Registration Act 2001
[s 108]
(e) making further inquiries or conducting further 1
investigations in connection with the application. 2
registration means-- 3
(a) registration as a registrant; or 4
(b) renewal of registration as a registrant; or 5
(c) restoration of registration as a registrant.'. 6
Part 14 Amendment of Pharmacists 7
Registration Act 2001 8
Clause 108 Act amended in pt 14 9
This part amends the Pharmacists Registration Act 2001. 10
Clause 109 Amendment of s 68 (Period) 11
Section 68, `6 months'-- 12
omit, insert-- 13
`12 months'. 14
Clause 110 Replacement of s 86 (Ground for cancellation) 15
Section 86-- 16
omit, insert-- 17
`86 Grounds for cancellation 18
`A general registration may be cancelled, under this division, 19
on the following grounds-- 20
(a) the registration happened because the board was given, 21
by the registrant or someone else, information or a 22
document that-- 23
Page 70
Health and Other Legislation Amendment Bill 2009
Part 14 Amendment of Pharmacists Registration Act 2001
[s 111]
(i) was materially false, within the meaning given by 1
section 212(1), at the time it was given; or 2
(ii) became materially false, within the meaning given 3
by section 212(1), after it was given; 4
(b) the registrant ceases to have, or does not have, the 5
qualifications necessary for registration.'. 6
Clause 111 Amendment of s 100 (Failure by board to make decision 7
on application) 8
(1) Section 100(1) and (3), `remove'-- 9
omit, insert-- 10
`confirm'. 11
(2) Section 100(4)-- 12
omit. 13
Clause 112 Amendment of s 101 (Failure by board to make decision 14
on review agreed to under s 94) 15
(1) Section 101(1) and (3), `remove'-- 16
omit, insert-- 17
`confirm'. 18
(2) Section 101(4)-- 19
omit. 20
Clause 113 Amendment of s 103 (Amending, replacing, or issuing 21
new, certificate of general registration) 22
(1) Section 103(4)-- 23
omit, insert-- 24
`(4) Subsection (5) applies if a general registrant receives a notice, 25
under section 98(5), about a decision to remove the conditions 26
of the registration.'. 27
Page 71
Health and Other Legislation Amendment Bill 2009
Part 14 Amendment of Pharmacists Registration Act 2001
[s 114]
(2) Section 103(5), `or taken to have been made'-- 1
omit. 2
Clause 114 Amendment of s 117 (Grounds for cancellation) 3
Section 117(e)-- 4
omit, insert-- 5
`(e) the registration happened because the board was given, 6
by the registrant or someone else, information or a 7
document that-- 8
(i) was materially false, within the meaning given by 9
section 212(1), at the time it was given; or 10
(ii) became materially false, within the meaning given 11
by section 212(1), after it was given; 12
(f) the registrant ceases to have, or does not have, the 13
qualifications necessary for registration.'. 14
Clause 115 Replacement of s 212 (False or misleading information or 15
documents) 16
Section 212-- 17
omit, insert-- 18
`212 False or misleading information or documents 19
`(1) For this section-- 20
(a) information is taken to be materially false if-- 21
(i) the information is false or misleading in a material 22
particular; or 23
(ii) regardless of the literal truth of the information, it 24
has a propensity to mislead or deceive the board in 25
a material particular, including through the 26
omission of other material information; and 27
(b) a document is taken to be materially false if-- 28
Page 72
Health and Other Legislation Amendment Bill 2009
Part 14 Amendment of Pharmacists Registration Act 2001
[s 115]
(i) the document contains or conveys information that 1
is materially false; or 2
(ii) the document contains or conveys information that, 3
by the time the document is given to the board, has 4
become materially false; or 5
(iii) the document-- 6
(A) is, or purports to be, a copy of an original 7
document; and 8
(B) is not, in a material particular, a true, 9
accurate and complete copy of the original 10
document; or 11
(iv) the document-- 12
(A) is, or purports to be, an extract from or 13
summary of an original document; and 14
(B) fails, in a material particular, to convey a 15
true, accurate and complete representation of 16
the information contained in the original 17
document. 18
`(2) A person must not give the board-- 19
(a) information that is materially false to the knowledge of 20
the person; or 21
(b) a document that is materially false to the knowledge of 22
the person. 23
Maximum penalty--200 penalty units. 24
`(3) A person must not contravene subsection (2) in connection 25
with an application for registration by the person or someone 26
else. 27
Maximum penalty--2000 penalty units or 3 years 28
imprisonment. 29
`(4) A person must convey the relevant facts to the board as soon 30
as reasonably practicable after the person-- 31
Page 73
Health and Other Legislation Amendment Bill 2009
Part 14 Amendment of Pharmacists Registration Act 2001
[s 115]
(a) being a registrant, becomes aware that information or a 1
document that was given to the board in connection with 2
the person's registration-- 3
(i) was materially false when it was given to the 4
board; or 5
(ii) has since become materially false; or 6
(b) being a person who previously gave information or a 7
document to the board, becomes aware that the 8
information or document-- 9
(i) was materially false when it was given to the 10
board; or 11
(ii) has since become materially false. 12
Maximum penalty--200 penalty units. 13
`(5) A registrant must not act or practise as a registrant, or 14
continue to do so, if-- 15
(a) the registrant committed a contravention of subsection 16
(2) in connection with the registrant's application for 17
registration; or 18
(b) the registrant was knowingly concerned in, or a party to, 19
a contravention of subsection (2) in connection with the 20
registrant's application for registration; or 21
(c) the registrant has failed to convey the relevant facts to 22
the board after becoming aware that information or a 23
document that was given to the board in connection with 24
the registrant's registration-- 25
(i) was materially false when it was given to the 26
board; or 27
(ii) has since become materially false. 28
Maximum penalty--2000 penalty units or 3 years 29
imprisonment. 30
`(6) To remove any doubt, it is declared that in this section-- 31
material particular, in relation to an application for 32
registration, is not limited to a particular that would have been 33
Page 74
Health and Other Legislation Amendment Bill 2009
Part 15 Amendment of Physiotherapists Registration Act 2001
[s 116]
determinative of the application, but includes any particular 1
that, had it been known to the board at the relevant time, might 2
have influenced the board, a member, the executive officer or 3
a member of the office's staff in-- 4
(a) granting or refusing the application; or 5
(b) deciding the capacity in which the applicant may be 6
registered; or 7
(c) imposing a condition, qualification or restriction on 8
registration granted to the applicant; or 9
(d) fixing the period of the registration granted to the 10
applicant; or 11
(e) making further inquiries or conducting further 12
investigations in connection with the application. 13
registration means-- 14
(a) registration as a registrant; or 15
(b) renewal of registration as a registrant; or 16
(c) restoration of registration as a registrant.'. 17
Part 15 Amendment of 18
Physiotherapists Registration 19
Act 2001 20
Clause 116 Act amended in pt 15 21
This part amends the Physiotherapists Registration Act 2001. 22
Clause 117 Amendment of s 64 (Period) 23
Section 64, `6 months'-- 24
omit, insert-- 25
`12 months'. 26
Page 75
Health and Other Legislation Amendment Bill 2009
Part 15 Amendment of Physiotherapists Registration Act 2001
[s 118]
Clause 118 Replacement of s 82 (Ground for cancellation) 1
Section 82-- 2
omit, insert-- 3
`82 Grounds for cancellation 4
`A general registration may be cancelled, under this division, 5
on the following grounds-- 6
(a) the registration happened because the board was given, 7
by the registrant or someone else, information or a 8
document that-- 9
(i) was materially false, within the meaning given by 10
section 210(1), at the time it was given; or 11
(ii) became materially false, within the meaning given 12
by section 210(1), after it was given; 13
(b) the registrant ceases to have, or does not have, the 14
qualifications necessary for registration.'. 15
Clause 119 Amendment of s 96 (Failure by board to make decision on 16
application) 17
(1) Section 96(1) and (3), `remove'-- 18
omit, insert-- 19
`confirm'. 20
(2) Section 96(4)-- 21
omit. 22
Clause 120 Amendment of s 97 (Failure by board to make decision on 23
review agreed to under s 90) 24
(1) Section 97(1) and (3), `remove'-- 25
omit, insert-- 26
`confirm'. 27
(2) Section 97(4)-- 28
omit. 29
Page 76
Health and Other Legislation Amendment Bill 2009
Part 15 Amendment of Physiotherapists Registration Act 2001
[s 121]
Clause 121 Amendment of s 99 (Amending, replacing, or issuing 1
new, certificate of general registration) 2
(1) Section 99(4)-- 3
omit, insert-- 4
`(4) Subsection (5) applies if a general registrant receives a notice, 5
under section 94(5), about a decision to remove the conditions 6
of the registration.'. 7
(2) Section 99(5), `or taken to have been made'-- 8
omit. 9
Clause 122 Amendment of s 100 (Undertaking of special activities 10
relating to the profession) 11
Section 100-- 12
insert-- 13
`(2) A person may also obtain special purpose registration to 14
undertake any 1 of the following activities (also special 15
activities)-- 16
(a) practise the profession, under supervision approved by 17
the board, for the purpose of preparing for and 18
completing a written and clinical examination in the 19
practice of the profession, conducted by the Australian 20
Physiotherapy Council; 21
(b) practise the profession, under supervision approved by 22
the board, for the purpose of preparing for and 23
completing a clinical examination in the practice of the 24
profession, conducted by the Australian Physiotherapy 25
Council; 26
(c) practise the profession, under supervision approved by 27
the board, if the person holds a masters degree in 28
clinical postgraduate studies in physiotherapy from a 29
university in Queensland; 30
(d) practise the profession, under supervision approved by 31
the board, if the person holds a current working holiday 32
visa.'. 33
Page 77
Health and Other Legislation Amendment Bill 2009
Part 15 Amendment of Physiotherapists Registration Act 2001
[s 123]
Clause 123 Replacement of s 102 (Eligibility) 1
Section 102-- 2
omit, insert-- 3
`102 Eligibility for special purpose registration under 4
s 100(1) 5
`(1) This section applies to an applicant for special purpose 6
registration under section 100(1). 7
`(2) The applicant is eligible for special purpose registration if the 8
applicant-- 9
(a) has a qualification required for special purpose 10
registration; and 11
(b) is a suitable person to be a special purpose registrant.'. 12
Clause 124 Insertion of new s 102A 13
After section 102-- 14
insert-- 15
`102A Eligibility for special purpose registration under 16
s 100(2) 17
`(1) An applicant for special purpose registration under section 18
100(2)(a) is eligible for special purpose registration if the 19
applicant-- 20
(a) has been accepted by the Australian Physiotherapy 21
Council as a candidate for a written examination in the 22
practice of the profession conducted by the Australian 23
Physiotherapy Council; and 24
(b) has a qualification required by the board from a country 25
prescribed under a regulation; and 26
(c) was registered or licensed to practise as a 27
physiotherapist in the place where the qualification was 28
obtained; and 29
(d) is fit to practise the profession under section 45. 30
Page 78
Health and Other Legislation Amendment Bill 2009
Part 15 Amendment of Physiotherapists Registration Act 2001
[s 124]
`(2) An applicant for special purpose registration under section 1
100(2)(b) is eligible for special purpose registration if the 2
applicant-- 3
(a) holds a current certificate, issued by the Australian 4
Physiotherapy Council, that the applicant successfully 5
completed a written examination in the practice of the 6
profession conducted by the Australian Physiotherapy 7
Council; and 8
(b) has a qualification required by the board from a country 9
other than Australia; and 10
(c) was registered or licensed to practise as a 11
physiotherapist in the place where the qualification was 12
obtained; and 13
(d) is fit to practise the profession under section 45. 14
`(3) An applicant for special purpose registration under section 15
100(2)(c) is eligible for special purpose registration if the 16
applicant-- 17
(a) has successfully completed a masters degree in clinical 18
postgraduate studies in physiotherapy from a university 19
in Queensland that is approved by the board; and 20
(b) is fit to practise the profession under section 45. 21
`(4) An applicant for special purpose registration under section 22
100(2)(d) is eligible for special purpose registration if the 23
applicant-- 24
(a) holds a current working holiday visa; and 25
(b) has a qualification required by the board from a country 26
prescribed under a regulation; and 27
(c) was registered or licensed to practise as a 28
physiotherapist in the place where the qualification was 29
obtained; and 30
(d) has completed a period of employment in the profession 31
of at least 12 months that is not more than 2 years before 32
Page 79
Health and Other Legislation Amendment Bill 2009
Part 15 Amendment of Physiotherapists Registration Act 2001
[s 125]
the date of the applicant's application for special 1
purpose registration; and 2
(e) is fit to practise the profession under section 45.'. 3
Clause 125 Amendment of s 104 (Suitability to be a special purpose 4
registrant) 5
(1) Section 104(d)-- 6
renumber as section 104(e). 7
(2) Section 104-- 8
insert-- 9
`(d) if the applicant is applying for special purpose 10
registration under section 100(2)--the nature of any 11
supervision to be given to the applicant under that 12
section;'. 13
Clause 126 Insertion of new ss 106A-106C 14
After section 106-- 15
insert-- 16
`106A Condition for special purpose registration under 17
s 100(2) 18
`In addition to any condition imposed under section 106, a 19
special purpose registration under section 100(2) is also 20
subject to a condition that-- 21
(a) the registrant must only practise the profession under a 22
supervised practice plan that-- 23
(i) accompanied the application for the special 24
purpose registration; or 25
(ii) is approved by the board for the registrant under 26
section 106B: and 27
(b) for special purpose registration under section 28
100(2)(a)--the registrant must not continue to practise 29
the profession for more than 3 continuous years under 30
Page 80
Health and Other Legislation Amendment Bill 2009
Part 15 Amendment of Physiotherapists Registration Act 2001
[s 126]
the special purpose registration without obtaining 1
general registration; and 2
(c) for special purpose registration under section 3
100(2)(b)--the registrant must not continue to practise 4
the profession for more than 2 continuous years under 5
the special purpose registration without obtaining 6
general registration; and 7
(d) for special purpose registration under section 8
100(2)(c)-- 9
(i) the registrant must only practise the profession in 10
the area of the profession to which the registration 11
relates; and 12
(ii) the registrant must not continue to practise the 13
profession for more than 3 continuous years under 14
the special purpose registration; and 15
(e) for special purpose registration under section 16
100(2)(d)--the registrant must not continue to practise 17
the profession, under a working holiday visa, in a 18
particular place of work for more than 6 months. 19
`106B Supervised practice plans approved by the board 20
`(1) This section applies to an applicant for special purpose 21
registration under section 100(2) who intends to commence a 22
position that will require the applicant to practise the 23
profession under a supervised practice plan that is different to 24
the plan under which the applicant is currently practising the 25
profession. 26
`(2) The applicant must apply to the board for approval of a 27
supervised practice plan that is relevant to the position. 28
`(3) The application must be-- 29
(a) in the approved form; and 30
(b) accompanied by the proposed supervised practice plan 31
that is relevant to the position. 32
Page 81
Health and Other Legislation Amendment Bill 2009
Part 15 Amendment of Physiotherapists Registration Act 2001
[s 127]
`(4) The board must consider the application and decide to 1
approve, or refuse to approve, the proposed supervised 2
practice plan. 3
`(5) If the board decides to refuse to approve the proposed 4
supervised practice plan, it must as soon as practicable give 5
the applicant an information notice about the decision. 6
`(6) If the board fails to decide the application within 14 days after 7
its receipt, the failure is taken to be a decision by the board to 8
approve the proposed supervised practice plan. 9
`106C Board may ask for information under supervised 10
practice plan 11
`The board may ask a person involved in the supervision of a 12
registrant under a supervised practice plan to give information 13
to the board about the supervised practice of the registrant.'. 14
Clause 127 Replacement of s 107A (Non-application of sdiv 2 to 15
short-term registration) 16
Section 107A-- 17
omit, insert-- 18
`107A Non-application of sdiv 2 to particular registrations 19
`This subdivision does not apply to-- 20
(a) a short-term registration; or 21
(b) a special purpose registration under section 100(2)(d).'. 22
Clause 128 Amendment of s 109 (Matters that may be considered in 23
deciding whether to renew special purpose registrations) 24
Section 109-- 25
insert-- 26
`(2) Also, in deciding whether to renew a special purpose 27
registration under section 100(2)(a) or (b), the board must be 28
satisfied the registrant has made reasonable progress towards 29
being qualified for general registration under section 44.'. 30
Page 82
Health and Other Legislation Amendment Bill 2009
Part 15 Amendment of Physiotherapists Registration Act 2001
[s 129]
Clause 129 Amendment of s 113 (Grounds for cancellation) 1
Section 113(e)-- 2
omit, insert-- 3
`(e) the registration happened because the board was given, 4
by the registrant or someone else, information or a 5
document that-- 6
(i) was materially false, within the meaning given by 7
section 210(1), at the time it was given; or 8
(ii) became materially false, within the meaning given 9
by section 210(1), after it was given; 10
(f) the registrant ceases to have, or does not have, the 11
qualifications necessary for registration.'. 12
Clause 130 Insertion of new s 209A 13
After section 209-- 14
insert-- 15
`209A Protection for persons involved in supervising 16
registrants 17
`(1) This section applies to a person who, honestly and on 18
reasonable grounds, gives information to the board-- 19
(a) about a registrant in the person's capacity as the 20
registrant's supervisor under a supervised practice plan; 21
or 22
(b) in response to a request made under section 106C. 23
`(2) The person is not liable, civilly, criminally or under an 24
administrative process, for giving the information. 25
`(3) Without limiting subsection (2)-- 26
(a) in a proceeding for defamation the person has a defence 27
of absolute privilege for publishing the information; and 28
(b) if the person would otherwise be required to maintain 29
confidentiality about the given information under an 30
Act, oath, rule of law or practice, the person-- 31
Page 83
Health and Other Legislation Amendment Bill 2009
Part 15 Amendment of Physiotherapists Registration Act 2001
[s 131]
(i) does not contravene the Act, oath, rule of law or 1
practice by giving the information; and 2
(ii) is not liable to disciplinary action for giving the 3
information.'. 4
Clause 131 Replacement of s 210 (False or misleading information or 5
documents) 6
Section 210-- 7
omit, insert-- 8
`210 False or misleading information or documents 9
`(1) For this section-- 10
(a) information is taken to be materially false if-- 11
(i) the information is false or misleading in a material 12
particular; or 13
(ii) regardless of the literal truth of the information, it 14
has a propensity to mislead or deceive the board in 15
a material particular, including through the 16
omission of other material information; and 17
(b) a document is taken to be materially false if-- 18
(i) the document contains or conveys information that 19
is materially false; or 20
(ii) the document contains or conveys information that, 21
by the time the document is given to the board, has 22
become materially false; or 23
(iii) the document-- 24
(A) is, or purports to be, a copy of an original 25
document; and 26
(B) is not, in a material particular, a true, 27
accurate and complete copy of the original 28
document; or 29
(iv) the document-- 30
Page 84
Health and Other Legislation Amendment Bill 2009
Part 15 Amendment of Physiotherapists Registration Act 2001
[s 131]
(A) is, or purports to be, an extract from or 1
summary of an original document; and 2
(B) fails, in a material particular, to convey a 3
true, accurate and complete representation of 4
the information contained in the original 5
document. 6
`(2) A person must not give the board-- 7
(a) information that is materially false to the knowledge of 8
the person; or 9
(b) a document that is materially false to the knowledge of 10
the person. 11
Maximum penalty--200 penalty units. 12
`(3) A person must not contravene subsection (2) in connection 13
with an application for registration by the person or someone 14
else. 15
Maximum penalty--2000 penalty units or 3 years 16
imprisonment. 17
`(4) A person must convey the relevant facts to the board as soon 18
as reasonably practicable after the person-- 19
(a) being a registrant, becomes aware that information or a 20
document that was given to the board in connection with 21
the person's registration-- 22
(i) was materially false when it was given to the 23
board; or 24
(ii) has since become materially false; or 25
(b) being a person who previously gave information or a 26
document to the board, becomes aware that the 27
information or document-- 28
(i) was materially false when it was given to the 29
board; or 30
(ii) has since become materially false. 31
Maximum penalty--200 penalty units. 32
Page 85
Health and Other Legislation Amendment Bill 2009
Part 15 Amendment of Physiotherapists Registration Act 2001
[s 131]
`(5) A registrant must not act or practise as a registrant, or 1
continue to do so, if-- 2
(a) the registrant committed a contravention of subsection 3
(2) in connection with the registrant's application for 4
registration; or 5
(b) the registrant was knowingly concerned in, or a party to, 6
a contravention of subsection (2) in connection with the 7
registrant's application for registration; or 8
(c) the registrant has failed to convey the relevant facts to 9
the board after becoming aware that information or a 10
document that was given to the board in connection with 11
the registrant's registration-- 12
(i) was materially false when it was given to the 13
board; or 14
(ii) has since become materially false. 15
Maximum penalty--2000 penalty units or 3 years 16
imprisonment. 17
`(6) To remove any doubt, it is declared that in this section-- 18
material particular, in relation to an application for 19
registration, is not limited to a particular that would have been 20
determinative of the application, but includes any particular 21
that, had it been known to the board at the relevant time, might 22
have influenced the board, a member, the executive officer or 23
a member of the office's staff in-- 24
(a) granting or refusing the application; or 25
(b) deciding the capacity in which the applicant may be 26
registered; or 27
(c) imposing a condition, qualification or restriction on 28
registration granted to the applicant; or 29
(d) fixing the period of the registration granted to the 30
applicant; or 31
(e) making further inquiries or conducting further 32
investigations in connection with the application. 33
Page 86
Health and Other Legislation Amendment Bill 2009
Part 15 Amendment of Physiotherapists Registration Act 2001
[s 132]
registration means-- 1
(a) registration as a registrant; or 2
(b) renewal of registration as a registrant; or 3
(c) restoration of registration as a registrant.'. 4
Clause 132 Amendment of pt 10, div 2, hdg (Transitional provisions) 5
Part 10, division 2, heading, after `provisions'-- 6
insert-- 7
`for Act No. 13 of 2001'. 8
Clause 133 Insertion of new pt 10, div 3 9
After section 237-- 10
insert-- 11
`Division 3 Transitional provisions for the 12
Health and Other Legislation 13
Amendment Act 2008 14
`238 Particular registrants taken to be registered under 15
s 100(2)(b) 16
`(1) This section applies to a person who-- 17
(a) immediately before the commencement was a general 18
registrant on conditions relating to the undertaking of 19
training in preparation for a clinical examination in the 20
practice of the profession, conducted by the Australian 21
Physiotherapy Council; and 22
(b) on the commencement is eligible for special purpose 23
registration under section 100(2)(b). 24
`(2) The person is taken to be a special purpose registrant under 25
section 100(2)(b). 26
Page 87
Health and Other Legislation Amendment Bill 2009
Part 15 Amendment of Physiotherapists Registration Act 2001
[s 134]
`239 Existing applications for general registration 1
`(1) This section applies to a person-- 2
(a) whose application for general registration is not finally 3
dealt with under the Act before the commencement; and 4
(b) who, on the commencement, is eligible for special 5
purpose registration under section 100(2). 6
`(2) The person's application for general registration is taken to be 7
an application for the class of special purpose registration that 8
the person is eligible for under section 100(2).'. 9
Clause 134 Amendment of sch 4 (Dictionary) 10
Schedule 4-- 11
insert-- 12
`Australian Physiotherapy Council means the Australian 13
Physiotherapy Council ACN 108 663 896. 14
proposed supervisor, of an applicant for special purpose 15
registration under section 100(2), means the registrant who 16
will have primary responsibility for the applicant's 17
supervision under the special purpose registration. 18
supervised practice plan, for an applicant for special purpose 19
registration under section 100(2), means a plan prepared by 20
the applicant, in consultation with the applicant's proposed 21
supervisor, that-- 22
(a) is in the approved form; and 23
(b) has been signed by the applicant and the applicant's 24
proposed supervisor. 25
university means a higher education institution established or 26
recognised as a university under an Act. 27
working holiday visa means a subclass 417 working holiday 28
visa under the Migration Regulations 1994, schedule 2 29
(Cwlth).'. 30
Page 88
Health and Other Legislation Amendment Bill 2009
Part 16 Amendment of Podiatrists Registration Act 2001
[s 135]
Part 16 Amendment of Podiatrists 1
Registration Act 2001 2
Clause 135 Act amended in pt 16 3
This part amends the Podiatrists Registration Act 2001. 4
Clause 136 Amendment of s 64 (Period) 5
Section 64, `6 months'-- 6
omit, insert-- 7
`12 months'. 8
Clause 137 Replacement of s 82 (Ground for cancellation) 9
Section 82-- 10
omit, insert-- 11
`82 Grounds for cancellation 12
`A general registration may be cancelled, under this division, 13
on the following grounds-- 14
(a) the registration happened because the board was given, 15
by the registrant or someone else, information or a 16
document that-- 17
(i) was materially false, within the meaning given by 18
section 210(1), at the time it was given; or 19
(ii) became materially false, within the meaning given 20
by section 210(1), after it was given; 21
(b) the registrant ceases to have, or does not have, the 22
qualifications necessary for registration.'. 23
Clause 138 Amendment of s 96 (Failure by board to make decision on 24
application) 25
(1) Section 96(1) and (3), `remove'-- 26
Page 89
Health and Other Legislation Amendment Bill 2009
Part 16 Amendment of Podiatrists Registration Act 2001
[s 139]
omit, insert-- 1
`confirm'. 2
(2) Section 96(4)-- 3
omit. 4
Clause 139 Amendment of s 97 (Failure by board to make decision on 5
review agreed to under s 90) 6
(1) Section 97(1) and (3), `remove'-- 7
omit, insert-- 8
`confirm'. 9
(2) Section 97(4)-- 10
omit. 11
Clause 140 Amendment of s 99 (Amending, replacing, or issuing 12
new, certificate of general registration) 13
(1) Section 99(4)-- 14
omit, insert-- 15
`(4) Subsection (5) applies if a general registrant receives a notice, 16
under section 94(5), about a decision to remove the conditions 17
of the registration.'. 18
(2) Section 99(5), `or taken to have been made'-- 19
omit. 20
Clause 141 Amendment of s 113 (Grounds for cancellation) 21
Section 113(e)-- 22
omit, insert-- 23
`(e) the registration happened because the board was given, 24
by the registrant or someone else, information or a 25
document that-- 26
Page 90
Health and Other Legislation Amendment Bill 2009
Part 16 Amendment of Podiatrists Registration Act 2001
[s 142]
(i) was materially false, within the meaning given by 1
section 210(1), at the time it was given; or 2
(ii) became materially false, within the meaning given 3
by section 210(1), after it was given; 4
(f) the registrant ceases to have, or does not have, the 5
qualifications necessary for registration.'. 6
Clause 142 Replacement of s 210 (False or misleading information or 7
documents) 8
Section 210-- 9
omit, insert-- 10
`210 False or misleading information or documents 11
`(1) For this section-- 12
(a) information is taken to be materially false if-- 13
(i) the information is false or misleading in a material 14
particular; or 15
(ii) regardless of the literal truth of the information, it 16
has a propensity to mislead or deceive the board in 17
a material particular, including through the 18
omission of other material information; and 19
(b) a document is taken to be materially false if-- 20
(i) the document contains or conveys information that 21
is materially false; or 22
(ii) the document contains or conveys information that, 23
by the time the document is given to the board, has 24
become materially false; or 25
(iii) the document-- 26
(A) is, or purports to be, a copy of an original 27
document; and 28
(B) is not, in a material particular, a true, 29
accurate and complete copy of the original 30
document; or 31
Page 91
Health and Other Legislation Amendment Bill 2009
Part 16 Amendment of Podiatrists Registration Act 2001
[s 142]
(iv) the document-- 1
(A) is, or purports to be, an extract from or 2
summary of an original document; and 3
(B) fails, in a material particular, to convey a 4
true, accurate and complete representation of 5
the information contained in the original 6
document. 7
`(2) A person must not give the board-- 8
(a) information that is materially false to the knowledge of 9
the person; or 10
(b) a document that is materially false to the knowledge of 11
the person. 12
Maximum penalty--200 penalty units. 13
`(3) A person must not contravene subsection (2) in connection 14
with an application for registration by the person or someone 15
else. 16
Maximum penalty--2000 penalty units or 3 years 17
imprisonment. 18
`(4) A person must convey the relevant facts to the board as soon 19
as reasonably practicable after the person-- 20
(a) being a registrant, becomes aware that information or a 21
document that was given to the board in connection with 22
the person's registration-- 23
(i) was materially false when it was given to the 24
board; or 25
(ii) has since become materially false; or 26
(b) being a person who previously gave information or a 27
document to the board, becomes aware that the 28
information or document-- 29
(i) was materially false when it was given to the 30
board; or 31
(ii) has since become materially false. 32
Page 92
Health and Other Legislation Amendment Bill 2009
Part 16 Amendment of Podiatrists Registration Act 2001
[s 142]
Maximum penalty--200 penalty units. 1
`(5) A registrant must not act or practise as a registrant, or 2
continue to do so, if-- 3
(a) the registrant committed a contravention of subsection 4
(2) in connection with the registrant's application for 5
registration; or 6
(b) the registrant was knowingly concerned in, or a party to, 7
a contravention of subsection (2) in connection with the 8
registrant's application for registration; or 9
(c) the registrant has failed to convey the relevant facts to 10
the board after becoming aware that information or a 11
document that was given to the board in connection with 12
the registrant's registration-- 13
(i) was materially false when it was given to the 14
board; or 15
(ii) has since become materially false. 16
Maximum penalty--2000 penalty units or 3 years 17
imprisonment. 18
`(6) To remove any doubt, it is declared that in this section-- 19
material particular, in relation to an application for 20
registration, is not limited to a particular that would have been 21
determinative of the application, but includes any particular 22
that, had it been known to the board at the relevant time, might 23
have influenced the board, a member, the executive officer or 24
a member of the office's staff in-- 25
(a) granting or refusing the application; or 26
(b) deciding the capacity in which the applicant may be 27
registered; or 28
(c) imposing a condition, qualification or restriction on 29
registration granted to the applicant; or 30
(d) fixing the period of the registration granted to the 31
applicant; or 32
Page 93
Health and Other Legislation Amendment Bill 2009
Part 17 Amendment of Police Powers and Responsibilities Act 2000
[s 143]
(e) making further inquiries or conducting further 1
investigations in connection with the application. 2
registration means-- 3
(a) registration as a registrant; or 4
(b) renewal of registration as a registrant; or 5
(c) restoration of registration as a registrant.'. 6
Part 17 Amendment of Police Powers 7
and Responsibilities Act 2000 8
Clause 143 Act amended in pt 17 9
This part amends the Police Powers and Responsibilities Act 10
2000. 11
Clause 144 Amendment of s 42 (Power for age-related offences and 12
for particular motor vehicle related purposes) 13
(1) Section 42(1)(c)-- 14
insert-- 15
`(vi) deciding whether another person is contravening 16
the Tobacco and Other Smoking Products Act 17
1998, section 26VC.'. 18
(2) After section 42(5)-- 19
insert-- 20
`(6) A person in a motor vehicle does not commit an offence 21
against section 791 if the person was required to state his or 22
her correct date of birth for deciding whether another person 23
is contravening the Tobacco and Other Smoking Products Act 24
1998, section 26VC, and the other person is not proved to 25
have contravened the section.'. 26
Page 94
Health and Other Legislation Amendment Bill 2009
Part 18 Amendment of Psychologists Registration Act 2001
[s 145]
Clause 145 Amendment of s 60 (Stopping vehicles for prescribed 1
purposes) 2
Section 60(3), after paragraph (h)-- 3
insert-- 4
`(i) for enforcing the Tobacco and Other Smoking Products 5
Act 1998, section 26VC.'. 6
Part 18 Amendment of Psychologists 7
Registration Act 2001 8
Clause 146 Act amended in pt 18 9
This part amends the Psychologists Registration Act 2001. 10
Clause 147 Amendment of s 70 (Period) 11
Section 70, `6 months'-- 12
omit, insert-- 13
`12 months'. 14
Clause 148 Amendment of s 88 (Grounds for cancellation) 15
(1) Section 88(b) to (e)-- 16
renumber as section 88(c) to (f). 17
(2) Section 88(a)-- 18
omit, insert-- 19
`(a) the registration happened because the board was given, 20
by the registrant or someone else, information or a 21
document that-- 22
(i) was materially false, within the meaning given by 23
section 227(1), at the time it was given; or 24
Page 95
Health and Other Legislation Amendment Bill 2009
Part 18 Amendment of Psychologists Registration Act 2001
[s 149]
(ii) became materially false, within the meaning given 1
by section 227(1), after it was given; 2
(b) the registrant ceases to have, or does not have, the 3
qualifications necessary for registration;'. 4
Clause 149 Amendment of s 96 (Board to give notice to supervisor) 5
Section 96(1)-- 6
omit, insert-- 7
`(1) The board-- 8
(a) must, as soon as practicable after receiving the 9
probationary registrant's notice under section 95; or 10
(b) may, while the registrant is undertaking the supervised 11
practice program; 12
give a notice to the registrant's supervisor.'. 13
Clause 150 Amendment of s 100 (Failure by board to make decision 14
on application) 15
(1) Section 100(2) and (4), `remove'-- 16
omit, insert-- 17
`confirm'. 18
(2) Section 100(5)-- 19
omit. 20
Clause 151 Amendment of s 102 (Amending, replacing, or issuing 21
new, certificate of general registration) 22
(1) Section 102(4)-- 23
omit, insert-- 24
`(4) Subsection (5) applies if a probationary registrant receives a 25
notice, under section 98(5)(c), about a decision to remove the 26
probationary conditions of the registration.'. 27
Page 96
Health and Other Legislation Amendment Bill 2009
Part 18 Amendment of Psychologists Registration Act 2001
[s 152]
(2) Section 102(5), `or taken to have been made'-- 1
omit. 2
Clause 152 Amendment of s 111 (Failure by board to make decision 3
on application) 4
(1) Section 111(1) and (3), `remove'-- 5
omit, insert-- 6
`confirm'. 7
(2) Section 111(4)-- 8
omit. 9
Clause 153 Amendment of s 112 (Failure by board to make decision 10
on review agreed to under s 105) 11
(1) Section 112(1) and (3), `remove'-- 12
omit, insert-- 13
`confirm'. 14
(2) Section 112(4)-- 15
omit. 16
Clause 154 Amendment of s 114 (Amending, replacing, or issuing 17
new, certificate of general registration) 18
(1) Section 114(4)-- 19
omit, insert-- 20
`(4) Subsection (5) applies if a general registrant receives a notice, 21
under section 109(5), about a decision to remove the 22
conditions of the registration.'. 23
(2) Section 114(5), `or taken to have been made'-- 24
omit. 25
Page 97
Health and Other Legislation Amendment Bill 2009
Part 18 Amendment of Psychologists Registration Act 2001
[s 155]
Clause 155 Amendment of s 129 (Grounds for cancellation) 1
Section 129(e)-- 2
omit, insert-- 3
`(e) the registration happened because the board was given, 4
by the registrant or someone else, information or a 5
document that-- 6
(i) was materially false, within the meaning given by 7
section 227(1), at the time it was given; or 8
(ii) became materially false, within the meaning given 9
by section 227(1), after it was given; 10
(f) the registrant ceases to have, or does not have, the 11
qualifications necessary for registration.'. 12
Clause 156 Replacement of s 227 (False or misleading information or 13
documents) 14
Section 227-- 15
omit, insert-- 16
`227 False or misleading information or documents 17
`(1) For this section-- 18
(a) information is taken to be materially false if-- 19
(i) the information is false or misleading in a material 20
particular; or 21
(ii) regardless of the literal truth of the information, it 22
has a propensity to mislead or deceive the board in 23
a material particular, including through the 24
omission of other material information; and 25
(b) a document is taken to be materially false if-- 26
(i) the document contains or conveys information that 27
is materially false; or 28
(ii) the document contains or conveys information that, 29
by the time the document is given to the board, has 30
become materially false; or 31
Page 98
Health and Other Legislation Amendment Bill 2009
Part 18 Amendment of Psychologists Registration Act 2001
[s 156]
(iii) the document-- 1
(A) is, or purports to be, a copy of an original 2
document; and 3
(B) is not, in a material particular, a true, 4
accurate and complete copy of the original 5
document; or 6
(iv) the document-- 7
(A) is, or purports to be, an extract from or 8
summary of an original document; and 9
(B) fails, in a material particular, to convey a 10
true, accurate and complete representation of 11
the information contained in the original 12
document. 13
`(2) A person must not give the board-- 14
(a) information that is materially false to the knowledge of 15
the person; or 16
(b) a document that is materially false to the knowledge of 17
the person. 18
Maximum penalty--200 penalty units. 19
`(3) A person must not contravene subsection (2) in connection 20
with an application for registration by the person or someone 21
else. 22
Maximum penalty--2000 penalty units or 3 years 23
imprisonment. 24
`(4) A person must convey the relevant facts to the board as soon 25
as reasonably practicable after the person-- 26
(a) being a registrant, becomes aware that information or a 27
document that was given to the board in connection with 28
the person's registration-- 29
(i) was materially false when it was given to the 30
board; or 31
(ii) has since become materially false; or 32
Page 99
Health and Other Legislation Amendment Bill 2009
Part 18 Amendment of Psychologists Registration Act 2001
[s 156]
(b) being a person who previously gave information or a 1
document to the board, becomes aware that the 2
information or document-- 3
(i) was materially false when it was given to the 4
board; or 5
(ii) has since become materially false. 6
Maximum penalty--200 penalty units. 7
`(5) A registrant must not act or practise as a registrant, or 8
continue to do so, if-- 9
(a) the registrant committed a contravention of subsection 10
(2) in connection with the registrant's application for 11
registration; or 12
(b) the registrant was knowingly concerned in, or a party to, 13
a contravention of subsection (2) in connection with the 14
registrant's application for registration; or 15
(c) the registrant has failed to convey the relevant facts to 16
the board after becoming aware that information or a 17
document that was given to the board in connection with 18
the registrant's registration-- 19
(i) was materially false when it was given to the 20
board; or 21
(ii) has since become materially false. 22
Maximum penalty--2000 penalty units or 3 years 23
imprisonment. 24
`(6) To remove any doubt, it is declared that in this section-- 25
material particular, in relation to an application for 26
registration, is not limited to a particular that would have been 27
determinative of the application, but includes any particular 28
that, had it been known to the board at the relevant time, might 29
have influenced the board, a member, the executive officer or 30
a member of the office's staff in-- 31
(a) granting or refusing the application; or 32
Page 100
Health and Other Legislation Amendment Bill 2009
Part 19 Amendment of Public Health Act 2005
[s 157]
(b) deciding the capacity in which the applicant may be 1
registered; or 2
(c) imposing a probationary condition or other condition, 3
qualification or restriction on registration granted to the 4
applicant; or 5
(d) fixing the period of the registration granted to the 6
applicant; or 7
(e) making further inquiries or conducting further 8
investigations in connection with the application. 9
registration means-- 10
(a) registration as a registrant; or 11
(b) renewal of registration as a registrant; or 12
(c) restoration of registration as a registrant.'. 13
Part 19 Amendment of Public Health 14
Act 2005 15
Clause 157 Act amended in pt 19 16
This part amends the Public Health Act 2005. 17
Clause 158 Amendment of s 11 (Meaning of public health risk) 18
Section 11(1), example, `paragraph (vi)'-- 19
omit, insert-- 20
`paragraph (viii)'. 21
Clause 159 Amendment of s 107 (Disclosure under Act or with 22
written consent etc.) 23
Section 107(b), after `written'-- 24
Page 101
Health and Other Legislation Amendment Bill 2009
Part 19 Amendment of Public Health Act 2005
[s 160]
insert-- 1
`or oral'. 2
Clause 160 Insertion of new s 108A 3
After section 108-- 4
insert-- 5
`108A Disclosure for contact tracing purposes 6
`(1) Section 105(1) does not apply if the disclosure of the 7
confidential information by a relevant person is to a provider 8
for the purpose of contacting another person (the traced 9
person) who has, or may have, contracted a notifiable 10
condition, to-- 11
(a) provide the traced person with information to prevent or 12
minimise transmission of the notifiable condition; or 13
(b) enable the traced person to seek medical examination or 14
treatment. 15
`(2) In this section-- 16
health practitioner means a person who carries on, and is 17
entitled to carry on, an occupation involving the provision of 18
care for another person's physical or mental health or 19
wellbeing. 20
Examples of a health practitioner-- 21
· a doctor 22
· a psychologist 23
· a social worker 24
· a registered nurse 25
provider, in relation to a person, means any of the following-- 26
(a) a health practitioner involved in the treatment or care of 27
the person or a health practitioner nominated by the 28
person; 29
(b) if the person is a child--the person's parent or a person 30
exercising parental responsibility for the child, including 31
Page 102
Health and Other Legislation Amendment Bill 2009
Part 19 Amendment of Public Health Act 2005
[s 161]
a person who, under Aboriginal tradition or Island 1
custom, is regarded as the parent of the child; 2
(c) the person's legal guardian; 3
(d) an entity from another jurisdiction that is responsible for 4
preventing or controlling the spread of communicable 5
diseases in that jurisdiction; 6
(e) another entity prescribed under a regulation.'. 7
Clause 161 Replacement of ch 6, pt 4, div 1, hdg 8
Chapter 6, part 4, division 1, heading-- 9
omit, insert-- 10
`Division 1 Preliminary'. 11
Clause 162 Insertion of new s 279A 12
Chapter 6, part 4, division 1-- 13
insert-- 14
`279A Application of pt 4 15
`This part applies to health information held by the 16
department if-- 17
(a) the information relates to an individual; and 18
(b) the individual could be identified from the information.'. 19
Clause 163 Insertion of new s 280A 20
Chapter 6, part 4, division 1-- 21
insert-- 22
`280A Part does not prevent disclosure under other Act 23
`This part does not prevent health information held by the 24
department being disclosed under this or another Act.'. 25
Page 103
Health and Other Legislation Amendment Bill 2009
Part 19 Amendment of Public Health Act 2005
[s 164]
Clause 164 Amendment of s 282 (Application to chief executive for 1
information) 2
(1) Section 282(2)(d) to (h)-- 3
renumber as section 282(2)(e) to (i). 4
(2) Section 282(b) and (c)-- 5
omit, insert-- 6
`(b) the type of information required; 7
(c) the reasons the information is required; 8
(d) how the privacy of any individual identified will be 9
protected;'. 10
Clause 165 Amendment of s 284 (Decision about application) 11
(1) Section 284(2) and (3)-- 12
omit, insert-- 13
`(2) The chief executive may grant the application only if the chief 14
executive is satisfied-- 15
(a) the giving of the health information held by the 16
department is in the public interest, having regard to-- 17
(i) the opportunities the research will provide for 18
increased knowledge and improved health 19
outcomes; and 20
(ii) the privacy of individuals to whom the health 21
information relates; and 22
(b) the identification of any person by the information is 23
necessary for the relevant research.'. 24
(2) Section 284-- 25
insert-- 26
`(8) The chief executive is not required to consult with an 27
individual to whom the information relates before granting an 28
application.'. 29
Page 104
Health and Other Legislation Amendment Bill 2009
Part 20 Amendment of Speech Pathologists Registration Act 2001
[s 166]
Part 20 Amendment of Speech 1
Pathologists Registration Act 2
2001 3
Clause 166 Act amended in pt 20 4
This part amends the Speech Pathologists Registration Act 5
2001. 6
Clause 167 Amendment of s 64 (Period) 7
Section 64, `6 months'-- 8
omit, insert-- 9
`12 months'. 10
Clause 168 Replacement of s 82 (Ground for cancellation) 11
Section 82-- 12
omit, insert-- 13
`82 Grounds for cancellation 14
`A general registration may be cancelled, under this division, 15
on the following grounds-- 16
(a) the registration happened because the board was given, 17
by the registrant or someone else, information or a 18
document that-- 19
(i) was materially false, within the meaning given by 20
section 207(1), at the time it was given; or 21
(ii) became materially false, within the meaning given 22
by section 207(1), after it was given; 23
(b) the registrant ceases to have, or does not have, the 24
qualifications necessary for registration.'. 25
Page 105
Health and Other Legislation Amendment Bill 2009
Part 20 Amendment of Speech Pathologists Registration Act 2001
[s 169]
Clause 169 Amendment of s 96 (Failure by board to make decision on 1
application) 2
(1) Section 96(1) and (3), `remove'-- 3
omit, insert-- 4
`confirm'. 5
(2) Section 96(4)-- 6
omit. 7
Clause 170 Amendment of s 97 (Failure by board to make decision on 8
review agreed to under s 90) 9
(1) Section 97(1) and (3), `remove'-- 10
omit, insert-- 11
`confirm'. 12
(2) Section 97(4)-- 13
omit. 14
Clause 171 Amendment of s 99 (Amending, replacing, or issuing 15
new, certificate of general registration) 16
(1) Section 99(4)-- 17
omit, insert-- 18
`(4) Subsection (5) applies if a general registrant receives a notice, 19
under section 94(5), about a decision to remove the conditions 20
of the registration.'. 21
(2) Section 99(5), `or taken to have been made'-- 22
omit. 23
Clause 172 Amendment of s 113 (Grounds for cancellation) 24
Section 113(e)-- 25
omit, insert-- 26
Page 106
Health and Other Legislation Amendment Bill 2009
Part 20 Amendment of Speech Pathologists Registration Act 2001
[s 173]
`(e) the registration happened because the board was given, 1
by the registrant or someone else, information or a 2
document that-- 3
(i) was materially false, within the meaning given by 4
section 207(1), at the time it was given; or 5
(ii) became materially false, within the meaning given 6
by section 207(1), after it was given; 7
(f) the registrant ceases to have, or does not have, the 8
qualifications necessary for registration.'. 9
Clause 173 Replacement of s 207 (False or misleading information or 10
documents) 11
Section 207-- 12
omit, insert-- 13
`207 False or misleading information or documents 14
`(1) For this section-- 15
(a) information is taken to be materially false if-- 16
(i) the information is false or misleading in a material 17
particular; or 18
(ii) regardless of the literal truth of the information, it 19
has a propensity to mislead or deceive the board in 20
a material particular, including through the 21
omission of other material information; and 22
(b) a document is taken to be materially false if-- 23
(i) the document contains or conveys information that 24
is materially false; or 25
(ii) the document contains or conveys information that, 26
by the time the document is given to the board, has 27
become materially false; or 28
(iii) the document-- 29
(A) is, or purports to be, a copy of an original 30
document; and 31
Page 107
Health and Other Legislation Amendment Bill 2009
Part 20 Amendment of Speech Pathologists Registration Act 2001
[s 173]
(B) is not, in a material particular, a true, 1
accurate and complete copy of the original 2
document; or 3
(iv) the document-- 4
(A) is, or purports to be, an extract from or 5
summary of an original document; and 6
(B) fails, in a material particular, to convey a 7
true, accurate and complete representation of 8
the information contained in the original 9
document. 10
`(2) A person must not give the board-- 11
(a) information that is materially false to the knowledge of 12
the person; or 13
(b) a document that is materially false to the knowledge of 14
the person. 15
Maximum penalty--200 penalty units. 16
`(3) A person must not contravene subsection (2) in connection 17
with an application for registration by the person or someone 18
else. 19
Maximum penalty--2000 penalty units or 3 years 20
imprisonment. 21
`(4) A person must convey the relevant facts to the board as soon 22
as reasonably practicable after the person-- 23
(a) being a registrant, becomes aware that information or a 24
document that was given to the board in connection with 25
the person's registration-- 26
(i) was materially false when it was given to the 27
board; or 28
(ii) has since become materially false; or 29
(b) being a person who previously gave information or a 30
document to the board, becomes aware that the 31
information or document-- 32
Page 108
Health and Other Legislation Amendment Bill 2009
Part 20 Amendment of Speech Pathologists Registration Act 2001
[s 173]
(i) was materially false when it was given to the 1
board; or 2
(ii) has since become materially false. 3
Maximum penalty--200 penalty units. 4
`(5) A registrant must not act or practise as a registrant, or 5
continue to do so, if-- 6
(a) the registrant committed a contravention of subsection 7
(2) in connection with the registrant's application for 8
registration; or 9
(b) the registrant was knowingly concerned in, or a party to, 10
a contravention of subsection (2) in connection with the 11
registrant's application for registration; or 12
(c) the registrant has failed to convey the relevant facts to 13
the board after becoming aware that information or a 14
document that was given to the board in connection with 15
the registrant's registration-- 16
(i) was materially false when it was given to the 17
board; or 18
(ii) has since become materially false. 19
Maximum penalty--2000 penalty units or 3 years 20
imprisonment. 21
`(6) To remove any doubt, it is declared that in this section-- 22
material particular, in relation to an application for 23
registration, is not limited to a particular that would have been 24
determinative of the application, but includes any particular 25
that, had it been known to the board at the relevant time, might 26
have influenced the board, a member, the executive officer or 27
a member of the office's staff in-- 28
(a) granting or refusing the application; or 29
(b) deciding the capacity in which the applicant may be 30
registered; or 31
(c) imposing a condition, qualification or restriction on 32
registration granted to the applicant; or 33
Page 109
Health and Other Legislation Amendment Bill 2009
Part 21 Amendment of Tobacco and Other Smoking Products Act 1998
[s 174]
(d) fixing the period of the registration granted to the 1
applicant; or 2
(e) making further inquiries or conducting further 3
investigations in connection with the application. 4
registration means-- 5
(a) registration as a registrant; or 6
(b) renewal of registration as a registrant; or 7
(c) restoration of registration as a registrant.'. 8
Part 21 Amendment of Tobacco and 9
Other Smoking Products Act 10
1998 11
Clause 174 Act amended in pt 21 12
This part amends the Tobacco and Other Smoking Products 13
Act 1998. 14
Clause 175 Amendment of s 25 (Definitions for pt 2A) 15
(1) Section 25, definition smoking product, `cigarette papers'-- 16
omit, insert-- 17
`smoking related product'. 18
(2) Section 25-- 19
insert-- 20
`smoking related product means a product, prescribed under 21
a regulation, that is used primarily in the consumption of a 22
tobacco product, herbal cigarette or loose smoking blend.'. 23
Page 110
Health and Other Legislation Amendment Bill 2009
Part 21 Amendment of Tobacco and Other Smoking Products Act 1998
[s 176]
Clause 176 Amendment of s 26L (Supply of object or entitlement that 1
promotes smoking product etc.) 2
(1) Section 26L(3)-- 3
renumber as section 26L(4). 4
(2) Section 26L-- 5
insert-- 6
`(3) Subsection (1) does not apply to an object if-- 7
(a) the primary purpose of the object is not to promote a 8
thing mentioned in subsection (1); and 9
(b) the object was-- 10
(i) lawfully available for supply in Queensland on or 11
after 31 May 2002 and before 31 December 2005; 12
or 13
(ii) substantially the same, and made by the same 14
person, as an object under subparagraph (i).'. 15
Clause 177 Insertion of new s 26PB 16
Part 2B, before section 26Q-- 17
insert-- 18
`26PB Application of pt 2B 19
`This part does not apply to a motor vehicle under part 2BA.'. 20
Clause 178 Amendment of s 26Q (Definitions for pt 2B) 21
Section 26Q, definition exempt vehicle-- 22
omit. 23
Clause 179 Amendment of s 26R (Person must not smoke in an 24
enclosed place) 25
(1) Section 26R(2)(c)-- 26
omit. 27
Page 111
Health and Other Legislation Amendment Bill 2009
Part 21 Amendment of Tobacco and Other Smoking Products Act 1998
[s 180]
(2) Section 26R(2), paragraphs (d) and (f)-- 1
renumber as paragraphs (c) and (d). 2
Clause 180 Insertion of new pt 2BA 3
After section 26V-- 4
insert-- 5
`Part 2BA Smoke-free motor vehicles 6
`26VA Definitions for pt 2BA 7
`In this part-- 8
motor vehicle means a motor vehicle within the meaning of 9
the Transport Operations (Road Use Management) Act 1995, 10
schedule 4 other than the following-- 11
(a) a trailer attached to the motor vehicle; 12
(b) an aircraft; 13
(c) a boat; 14
(d) a train. 15
road see Transport Operations (Road Use Management) Act 16
1995, schedule 4. 17
road-related area see the Transport Operations (Road Use 18
Management--Road Rules) Regulation 1999, section 13. 19
`26VB Person must not smoke in motor vehicle being used 20
for business use if anyone else in the vehicle 21
`A person must not smoke in a motor vehicle if-- 22
(a) the vehicle is on a road or road-related area; and 23
(b) the vehicle is being used for business use; and 24
(c) another person is in the vehicle. 25
Maximum penalty--20 penalty units. 26
Page 112
Health and Other Legislation Amendment Bill 2009
Part 21 Amendment of Tobacco and Other Smoking Products Act 1998
[s 180]
`26VC Person must not smoke in motor vehicle if person 1
under 16 in the vehicle 2
`A person must not smoke in a motor vehicle if-- 3
(a) the vehicle is on a road or road-related area; and 4
(b) another person in the vehicle is under 16 years of age. 5
Maximum penalty--20 penalty units. 6
`26VD Defence for s 26VC 7
`It is a defence to a charge for an offence against section 8
26VC for the defendant to prove that at the time of the offence 9
the defendant honestly and reasonably believed that no person 10
in the vehicle was under 16 years of age. 11
`26VE Evidentiary provisions 12
`(1) This section applies to a proceeding for an offence under this 13
part. 14
`(2) A statement in a charge of any of the following, in relation to 15
the time or date mentioned in the charge, is evidence of the 16
matter-- 17
(a) a person was under 16 years of age; 18
(b) a thing was a smoking product; 19
(c) a thing was a motor vehicle; 20
(d) a place was a road or road-related area. 21
`(3) Subsection (4) applies if a defendant intends to challenge 22
either of the following at the hearing of a charge under this 23
part-- 24
(a) that a person was under 16 years of age; 25
(b) a thing was a smoking product. 26
`(4) The defendant must, at least 14 days before the day fixed for 27
the hearing, give notice of the challenge to the prosecution in 28
the approved form signed by the defendant. 29
Page 113
Health and Other Legislation Amendment Bill 2009
Part 21 Amendment of Tobacco and Other Smoking Products Act 1998
[s 181]
`(5) Evidence by a police officer of his or her belief of any matter 1
mentioned in subsection (6) must be accepted by the court as 2
proof of the matter if -- 3
(a) the court considers the belief to be reasonable; and 4
(b) there is no evidence to the contrary. 5
`(6) The matters to which the previous subsection applies are-- 6
(a) a person seen by the police officer in a motor vehicle 7
was under 16 years of age; and 8
(b) a thing being smoked by someone in a motor vehicle 9
was a smoking product.'. 10
Clause 181 Insertion of new pt 2C, div 4 11
After section 26ZP-- 12
insert-- 13
`Division 4 Prohibition on smoking at public 14
transport waiting points and malls 15
by local governments 16
`26ZPA Definitions for div 4 17
`In this division-- 18
ferry service see the Transport Operations (Passenger 19
Transport) Act 1994, schedule 3. 20
local government see the Local Government Act 1993, 21
schedule 2. 22
local government area see the Local Government Act 1993, 23
schedule 2. 24
local law see the Local Government Act 1993, schedule 2. 25
outdoor pedestrian mall means any of the following-- 26
(a) a mall established under the Local Government Act 27
1993; 28
Page 114
Health and Other Legislation Amendment Bill 2009
Part 21 Amendment of Tobacco and Other Smoking Products Act 1998
[s 181]
(b) the Chinatown Mall established under the Local 1
Government (Chinatown and Valley Malls) Act 1984; 2
(c) the Valley Mall established under the Local Government 3
(Chinatown and Valley Malls) Act 1984; 4
(d) the Queen Street Mall established under the Local 5
Government (Queen Street Mall) Act 1981. 6
public passenger service see the Transport Operations 7
(Passenger Transport) Act 1994, schedule 3. 8
public transport waiting point means any of the following -- 9
(a) a transit terminal for public passenger services; 10
(b) a ferry terminal, jetty, pontoon or landing for ferry 11
services; 12
(c) a bus stop, bus shelter, bus station or bus lay-by; 13
(d) a taxi rank, limousine rank or limousine standing area. 14
`26ZPB Local government may make local laws prohibiting 15
smoking at certain places 16
`(1) A local government may make a local law prohibiting 17
smoking at all or part of the following places in the local 18
government's local government area-- 19
(a) a public transport waiting point that is not in an enclosed 20
place if the place is under local government control; 21
(b) an outdoor pedestrian mall. 22
`(2) A local law made under subsection (1) must not provide for a 23
penalty of more than 20 penalty units for a contravention of 24
the law. 25
`26ZPC When local law prevails 26
`(1) This section applies if-- 27
(a) a local government makes a local law under this division 28
about an outdoor pedestrian mall; and 29
Page 115
Health and Other Legislation Amendment Bill 2009
Part 21 Amendment of Tobacco and Other Smoking Products Act 1998
[s 182]
(b) the mall is prescribed under section 26ZJ(3)(b) as a mall 1
to which section 26ZJ(1) does not apply. 2
`(2) The local law applies despite a regulation made under section 3
26ZJ(3)(b). 4
`26ZPD State may require report from local government 5
about local law 6
`(1) This section applies to a local law made by a local government 7
under this division. 8
`(2) The chief executive, by written notice, may ask a local 9
government to give the chief executive information about the 10
local government's administration and enforcement of the 11
local law. 12
`(3) The local government must comply with the request. 13
`26ZPE Fines payable for contravention of local law payable 14
to local government 15
`(1) This section applies if-- 16
(a) a proceeding for an offence is taken for a contravention 17
of a local law made by a local government under this 18
division; and 19
(b) a court imposes a fine for the offence. 20
`(2) The fine must be paid to the local government.'. 21
Clause 182 Renumbering of s 26ZPA (Sale, supply and display of ice 22
pipes) 23
Section 26ZPA-- 24
renumber as section 26ZPF. 25
Clause 183 Amendment of schedule 26
(1) Schedule, definition exempt vehicle-- 27
omit. 28
Page 116
Health and Other Legislation Amendment Bill 2009
Part 22 Amendment of Workers' Compensation and Rehabilitation Act 2003
[s 184]
(2) Schedule-- 1
insert-- 2
`smoking related product, for part 2A, see section 25.'. 3
Part 22 Amendment of Workers' 4
Compensation and 5
Rehabilitation Act 2003 6
Clause 184 Act amended in pt 22 7
This part amends the Workers' Compensation and 8
Rehabilitation Act 2003. 9
Clause 185 Amendment of s 132 (Applying for compensation) 10
Section 132(3)(a)-- 11
omit, insert-- 12
`(a) a certificate in the approved form given by-- 13
(i) a doctor who attended the claimant; or 14
(ii) if the application relates to a minor injury--a nurse 15
practitioner who attended the claimant and who is 16
acting in accordance with the workers' 17
compensation certificate protocol.'. 18
Clause 186 Amendment of s 141 (Time from which compensation 19
payable) 20
(1) Section 141(1)(b)-- 21
renumber as section 141(1)(c). 22
(2) Section 141(1)-- 23
insert-- 24
Page 117
Health and Other Legislation Amendment Bill 2009
Part 22 Amendment of Workers' Compensation and Rehabilitation Act 2003
[s 187]
`(b) if the injury is a minor injury--a nurse practitioner 1
acting in accordance with the workers' compensation 2
certificate protocol; or'. 3
(3) Section 141(2)(a) and (b), after `doctor'-- 4
insert-- 5
`, nurse practitioner'. 6
Clause 187 Amendment of sch 6 (Dictionary) 7
Schedule 6-- 8
insert-- 9
`chief executive (health) means the chief executive of the 10
department administrating the Health Act 1937. 11
minor injury means an injury of a person that does not require 12
the hospitalisation of the person as an in-patient to properly 13
treat the injury. 14
nurse practitioner means a registered nurse under the Nursing 15
Act 1992 whose annual licence certificate under that Act is 16
endorsed to show authorisation to practice as a nurse 17
practitioner. 18
workers' compensation certificate protocol means a 19
document stating the circumstances or conditions under which 20
a nurse practitioner may issue a certificate under section 21
132(3)(a), that is-- 22
(a) certified by the Authority's chief executive officer 23
appointed under section 355 and the chief executive 24
(health); and 25
(b) published by the department, including by being 26
published on the department's website and elsewhere.'. 27
© State of Queensland 2009
Page 118
AMENDMENTS TO BILL
Health and Other Legislation Amendment Bill 2009
Health and Other Legislation Amendment
Bill 2009
Amendments agreed to during Consideration
1 Clause 42 (Amendment of s 392 (Confidentiality))
Page 34, lines 15 to 19--
omit, insert--
`(c) if the disclosure is to the Queensland Nursing Council
and the disclosure is necessary for the Queensland
Nursing Council to perform its functions under the
Nursing Act 1992; or'.'.
2 Clause 43 (Amendment of schedule (Dictionary))
Page 34, lines 26 to 28--
omit, insert--
`Queensland Nursing Council means the council established
under the Nursing Act 1992, section 6.'.'.
3 After clause 60--
Page 41, after line 16--
insert--
`60A Replacement of pt 3, div 10A, heading
Part 3, division 10A, heading--
omit, insert--
`Division 10A Limited registrations and
non-practising registrations'.
Page 1
Health and Other Legislation Amendment Bill 2009
`60B Insertion of new pt 3, div 10A, sdiv 1AA
Part 3, division 10A, before subdivision 1--
insert--
`Subdivision 1AA Limited registration
`150AD Limitation on right to practise
`(1) This section applies to a person registered as a general or
specialist registrant who has had the person's registration fee
waived by the board (before or after the commencement of
this section) under a regulation (a limited registrant).
`(2) A limited registrant's registration is subject to the condition
that the registrant must not practise the profession except to--
(a) refer a person to another registrant; or
(b) prescribe a scheduled medicine for a person that has
been previously prescribed for the person, within the
last 12 months, by another registrant who is not a
limited registrant.
`(3) The board may impose further conditions on the limited
registrant's registration that the board considers necessary or
desirable for the registrant to competently and safely practise
the profession to the extent allowed by this section.
`(4) A limited registrant may apply to the board in writing for a
review of a condition imposed under subsection (3).
`(5) A limited registrant may not otherwise apply for a review or
appeal to a court or tribunal in relation to the following--
(a) the imposition of a condition under subsection (3);
(b) the board's decision on an application for a review of a
condition under subsection (4).
`(6) Subsection (5) does not limit the Judicial Review Act 1991.
`(7) In this section--
controlled drug see the Health (Drugs and Poisons)
Regulation 1996, appendix 9.
Page 2
Health and Other Legislation Amendment Bill 2009
poison see the Health (Drugs and Poisons) Regulation 1996,
appendix 9.
prescribe see the Health (Drugs and Poisons) Regulation
1996, appendix 9.
restricted drug see the Health (Drugs and Poisons)
Regulation 1996, appendix 9.
restricted drug of dependency see the Health (Drugs and
Poisons) Regulation 1996, appendix 9.
scheduled medicine means a restricted drug (other than a
restricted drug of dependency) and does not include a
controlled drug or a poison.
standard see the Health (Drugs and Poisons) Regulation
1996, appendix 9.'.'.
4 Clause 61 (Insertion of new pt 4, div 2)--
Page 42, lines 20 to 23--
omit, insert--
`(4) Subsection (2) does not apply if the first registrant knows, or
reasonably believes, that a written notice under subsection (2)
about the reportable misconduct has already been given to the
Board.
`(5) For subsection (1), the first registrant does not form the
relevant suspicion about the second registrant in the practice
of the profession if--
(a) the first registrant--
(i) is employed or otherwise engaged by an insurer
that provides professional indemnity insurance that
relates to the second registrant; and
(ii) forms the relevant suspicion as a result of a
disclosure made by a person to the first registrant
in the course of legal proceedings or the provision
of legal advice arising from the insurance policy;
or
Page 3
Health and Other Legislation Amendment Bill 2009
(b) the first registrant forms the relevant suspicion in the
course of providing advice about the reportable
misconduct for the purposes of a legal proceeding or the
preparation of legal advice; or
(c) the first registrant is a lawyer and forms the relevant
suspicion in the course of providing legal services to the
second registrant in relation to a legal proceeding or the
preparation of legal advice in which the reportable
misconduct is an issue.
`(6) In this section--
forms the relevant suspicion, about the second registrant,
means becomes aware, or reasonably suspects, that the second
registrant has engaged in reportable misconduct.
harm, to a person, means any detrimental effect on the
person's physical or psychological wellbeing.'.
5 Clause 61 (Insertion of new pt 4, div 2)--
Page 43, line 1, `cause, harm'--
omit, insert--
`cause, significant harm'.
6 Clause 61 (Insertion of new pt 4, div 2)--
Page 43, line 5, `departs'--
omit, insert--
`significantly departs'.
© State of Queensland 2009
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