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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Health Practitioner Regulation National Law (South
Australia) (Miscellaneous) Amendment Bill 2012
A BILL FOR
An Act to amend the Health
Practitioner Regulation National Law (South Australia)
Act 2010.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Amendment
provisions
Part 2—Amendment of Health
Practitioner Regulation National Law (South Australia)
Act 2010
4Insertion of section
6A
6ATime within which
appeals must be made
5Amendment of
section 26—Interpretation
6Amendment of
section 34—Functions of Authority
7Amendment of
section 41—Registration of premises as pharmacy
8Amendment of section 43—Supervision of
pharmacies by pharmacists
9Amendment of
section 49—Registers
10Amendment of section
50—Registration of pharmacy services providers
11Amendment of
section 51—Restrictions relating to provision of pharmacy
services
12Amendment of section 53—Cause for
disciplinary action
13Amendment of section 54—Inquiries
as to matters constituting grounds for disciplinary action
14Amendment of
section 55—Contravention of prohibition order
15Amendment of
section 68—Providers of pharmacy services to be indemnified against
loss
16Amendment of section 69—Information
relating to claims
17Amendment of section 71—Evidentiary
provision
18Amendment of section
82—Regulations
19Amendment of Schedule 1—Repeals and
transitional provisions
Schedule 1—Transitional
provision
1Interpretation
2Transitional
provision
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Health Practitioner Regulation National Law
(South Australia) (Miscellaneous) Amendment Act 2012.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Health Practitioner Regulation National Law
(South Australia) Act 2010
After section 6 insert:
6A—Time within which appeals must be
made
(1) For the purposes of
section 199 of the Health
Practitioner Regulation National Law (South Australia), an appeal to the
Tribunal must be instituted within 28 days after—
(a) the person making the appeal was given notice of the decision being
appealed against; or
(b) the person making the appeal was given reasons for the decision being
appealed against,
whichever is the later.
(2) The Tribunal may, in its discretion, extend the time fixed under
subsection (1) for
instituting the appeal, even if the time for instituting the appeal has
ended.
5—Amendment
of section 26—Interpretation
(1) Section 26(1)—after the definition of domestic
partner insert:
friendly society means a company that is a friendly society
under the Corporations Act 2001 of the Commonwealth and
that—
(a) provides mutual benefits to its members; and
(b) is a non-profit organisation; and
(c) has at least 100 members; and
(d) has a constitution that provides that the main object of the company
is to carry on the business of pharmacy;
(2) Section 26(1)—after the definition of
pharmacist insert:
pharmacist controlled company means a company within the
meaning of the Corporations Act 2001 of the
Commonwealth—
(a) in which—
(i) at least 1 director is a pharmacist; and
(ii) every director is either a pharmacist or a prescribed relative of a
pharmacist; and
(b) where each holder of shares, or of a beneficial or legal interest in
shares, in the company is—
(i) a pharmacist or a prescribed relative of a pharmacist; or
(ii) a recognised corporate pharmacy services provider; or
(iii) a recognised trustee pharmacy services provider; and
(c) in which a pharmacist is, or pharmacists are, entitled to control the
exercise of at least 50% of the voting power—
(i) at meetings of the directors of the company; or
(ii) attached to voting shares issued by the company;
pharmacist controlled trust means a trust where each trustee
is—
(a) a pharmacist; or
(b) a prescribed relative of a pharmacist as long as at least 1 other
trustee is a pharmacist; or
(c) a pharmacist controlled company; or
(d) a person of a prescribed class;
(3) Section 26(1), definition of pharmacy services
provider—delete the definition and substitute:
pharmacy services provider means—
(a) any person who holds a proprietary interest in a pharmacy business;
or
(b) any person referred to in section 51(2);
(4) Section 26(1)—after the definition of prescribed
relative insert:
proprietary interest, in relation to a pharmacy business,
means a legal or beneficial interest, and includes an interest
as—
(a) a sole proprietor; or
(b) a partner; or
(c) a director, member or shareholder of a company, as defined in the
Corporations Act 2001 of the Commonwealth; or
(d) a trustee or beneficiary of a trust,
and has the meaning affected by subsection (2);
(5) Section 26(2) to (11)—delete subsections (2)
to (11) (inclusive) and substitute:
(2) Without limiting the generality of the expression, a person will be
taken to hold a proprietary interest in a pharmacy business if—
(a) the person is a party to an arrangement of a kind prescribed by the
regulations; or
(b) the person, in the course of carrying on a business, provides a
benefit to another for which the person is entitled to receive the profits or
income, or a share in the profits or income, of a pharmacy business;
or
(c) the person has, under a franchise or other commercial arrangement, a
right to receive consideration that varies according to the profits or income of
a pharmacy business.
(3) For the purposes of this Part, each of the following is a
recognised corporate pharmacy services provider:
(a) a pharmacist controlled company;
(b) a friendly society;
(c) a company that carried on a pharmacy business on
1 August 1942 and has continued to do so since that date other
than—
(i) Friendly Society Medical Association Limited; or
(ii) The Mount Gambier United Friendly Societies Dispensary
Limited.
(4) For the purposes of this Part, a recognised trustee pharmacy
services provider is any pharmacist controlled trust.
(5) For the purposes of this Part, a person occupies a position of
authority in a recognised corporate pharmacy services provider if the
person—
(a) is a director of the body corporate; or
(b) exercises, or is in a position to exercise, control or substantial
influence over the body corporate in the conduct of its affairs; or
(c) manages, or is to manage, the business of the body corporate insofar
as that business consists of the provision of pharmacy services; or
(d) where the body corporate is a proprietary company—is a
shareholder in the body corporate.
(6) For the purposes of this Part, a person who holds more than 10% of the
issued share capital of a public company will be regarded as a person occupying
a position of authority in that company.
(7) For the purposes of this Part, a person occupies a position of
authority in a recognised trustee pharmacy services provider if the
person is a trustee or beneficiary of the trust.
(8) However—
(a) a minor who is a shareholder in a proprietary company, or a
beneficiary under a trust, is not, for that reason, to be regarded as a person
occupying a position of authority; and
(b) a charitable organisation that is a beneficiary of a trust is not, for
that reason, to be regarded as occupying a position of authority;
and
(c) a reference in a preceding provision to a beneficiary of a trust is a
reference to a beneficiary who receives distributions from the trust.
6—Amendment
of section 34—Functions of Authority
(1) Section 34(1)(d)—delete "corporate pharmacy service
providers or trustee" and substitute:
recognised corporate pharmacy services providers or recognised
trustee
(2) Section 34(4)—delete "corporate pharmacy providers or
trustee" and substitute:
recognised corporate pharmacy services providers or recognised
trustee
7—Amendment
of section 41—Registration of premises as
pharmacy
Section 41—after subsection (1) insert:
(1a) A person must not own, or hold a proprietary interest in, a pharmacy
business unless the business is carried on at premises registered as a pharmacy
under this section.
Maximum penalty: $50 000.
8—Amendment
of section 43—Supervision of pharmacies by
pharmacists
Section 43(4), definition of pharmacist—delete the
definition and substitute:
pharmacist means a person who holds a general registration
under the Health Practitioner Regulation National Law to practise in the
pharmacy profession.
9—Amendment
of section 49—Registers
(1) Section 49(1)(b)(ii)—delete subparagraph (ii) and
substitute:
(ii) who have been prohibited from being a pharmacy services provider or
from occupying a position of authority in a body corporate or trust by
disciplinary action under the repealed Act or this Act,
(2) Section 49(2)(b)—delete "corporate pharmacy services provider or
a trustee" and substitute:
recognised corporate pharmacy services provider or recognised
trustee
10—Amendment
of section 50—Registration of pharmacy services
providers
Section 50(1)—delete "act as" and substitute:
be
11—Amendment
of section 51—Restrictions relating to provision of pharmacy
services
(1) Section 51(1)(b)(i)—delete subparagraph (i) and
substitute:
(i) the body corporate is a recognised corporate pharmacy services
provider; and
(2) Section 51(1)(c)(i)—delete subparagraph (i) and
substitute:
(i) the trust is a recognised trustee pharmacy services provider;
and
(3) Section 51(1)—after subsection (1) insert:
(1a) A person must not
own, or hold a proprietary interest in, a pharmacy business unless that person
is—
(a) a pharmacist; or
(b) a prescribed relative of a pharmacist who holds a proprietary interest
in the pharmacy business; or
(c) a recognised
corporate pharmacy services provider; or
(d) a recognised trustee pharmacy services provider; or
(e) a partner in a partnership that carries on the business and in which
every partner is either—
(i) a pharmacist; or
(ii) a prescribed relative of a partner who is a pharmacist; or
(iii) a recognised corporate pharmacy services provider; or
(iv) a recognised trustee pharmacy services provider.
Maximum penalty: $50 000 or imprisonment for 6 months.
(4) Section 51(2)—delete "Subsection (1) does" and
substitute:
Subsections (1) and (1a) do
(5) Section 51(2)(d)—delete "corporate pharmacy services
provider" and substitute:
recognised corporate pharmacy services provider
(6) Section 51(4)—delete "Governor may, by proclamation," and
substitute:
Minister may, by notice in the Gazette,
(7) Section 51(5)—delete "Governor" and substitute:
Minister
(8) Section 51(5)—delete "proclamation" and
substitute:
notice
(9) Section 51(7)—delete subsection (7) and substitute:
(7) The Minister may, by further notice in the Gazette, vary or revoke a
notice under subsection (4).
(10) Section 51(8), definition of qualified person,
(a)—delete paragraph (a) and substitute:
(a) a person who holds a general registration under the Health
Practitioner Regulation National Law to practise in the pharmacy profession;
or
12—Amendment
of section 53—Cause for disciplinary action
(1) Section 53(1)(b)—delete "by the provider" and
substitute:
in which the provider has an interest
(2) Section 53(1)(c)—delete "services by the provider" and
substitute:
services
(3) Section 53(1)(e)—delete "corporate pharmacy services provider or
a trustee" and substitute:
recognised corporate pharmacy services provider or a recognised
trustee
(4) Section 53(1)(e)(iii)—delete "a corporate pharmacy services" and
substitute:
the
(5) Section 53(2)—delete "corporate pharmacy services provider
or a trustee" and substitute:
recognised corporate pharmacy services provider or a recognised
trustee
(6) Section 53(2)(c)—delete paragraph (c) and
substitute:
(c) the person is for any reason not a fit and proper person to occupy a
position of authority in the provider; or
13—Amendment
of section 54—Inquiries as to matters constituting grounds for
disciplinary action
(1) Section 54(4)(c)—delete "carrying on business as" and
substitute:
being
(2) Section 54(4)(d)—delete paragraph (d) and
substitute:
(d) prohibit the respondent from occupying a position of authority in a
recognised corporate pharmacy services provider or a recognised trustee pharmacy
services provider.
14—Amendment
of section 55—Contravention of prohibition order
Section 55(2)—delete "corporate pharmacy services provider or a
trustee" and substitute:
recognised corporate pharmacy services provider or a recognised
trustee
15—Amendment
of section 68—Providers of pharmacy services to be indemnified
against loss
Section 68(1)—delete subsection (1) and
substitute:
(1) A person must not,
unless exempt by the Authority, provide pharmacy services unless insured or
indemnified in a manner and to the extent approved by the Authority against
civil liabilities that might be incurred by the person in connection with the
provision of pharmacy services.
Maximum penalty: $50 000.
(1a) A person who holds a proprietary interest in a pharmacy business
under section 26(2) will be taken to provide pharmacy services under
subsection (1).
16—Amendment
of section 69—Information relating to claims
Section 69—delete "pharmacy services provider" wherever
occurring and substitute in each case:
person
17—Amendment
of section 71—Evidentiary provision
Section 71(c)—delete paragraph (c) and
substitute:
(c) that the person named in the complaint is, or was on a specified date,
occupying a position of authority in a recognised corporate pharmacy services
provider or a recognised trustee pharmacy services provider,
18—Amendment
of section 82—Regulations
Section 82(2)(a)—delete paragraph (a) and substitute:
(a) prescribe fees or charges for the purposes of this Act, or
empower—
(i) the Minister; or
(ii) in relation to Part 4—Pharmacy Regulation Authority
SA,
to fix fees or charges, and provide for the recovery of a fee or charge so
prescribed or fixed;
19—Amendment
of Schedule 1—Repeals and transitional
provisions
(1) Schedule 1, clause 28—after paragraph (d)
insert:
(da) the Occupational
Therapy Practice Act 2005;
(2) Schedule 1, clause 29, definition of prescribed
body—after paragraph (d) insert:
(da) the Occupational Therapy Board of South Australia;
(3) Schedule 1, clause 37(1)—after "a prescribed body"
insert:
(other than the Occupational Therapy Board of South Australia)
(4) Schedule 1, clause 37(2)—after "a prescribed body"
insert:
(other than the Occupational Therapy Board of South Australia)
(5) Schedule 1, clause 37—after subclause (2)
insert:
(2a) A qualifying member of the staff of the Occupational Therapy Board of
South Australia who, on the commencement of this subclause, has not gained
employment with the National Agency (either by commencing employment with the
National Agency by that commencement or by accepting an offer of employment with
the National Agency by that commencement) will be incorporated into the
Department as a redeployee by force of this clause.
(2b) A qualifying member of the staff of the Occupational Therapy Board of
South Australia—
(a) who, on the commencement of this subclause, has gained employment with
the National Agency (either by commencing employment with the National Agency by
that commencement or by accepting an offer of employment with the National
Agency by that commencement); and
(b) who, within the period of 2 years after the commencement of this
subclause, is determined by the National Agency to be excess to the requirements
of the National Agency,
may, by notice furnished to the Chief Executive within the designated
period in a manner and form determined by the Chief Executive, elect to be
incorporated into the Department as a redeployee (and will then be so
incorporated by force of this clause).
(6) Schedule 1, clause 37(3)—delete "subclause (1)
or (2)" and substitute:
a preceding subclause
(7) Schedule 1, clause 39(1)—below "nurse"
insert:
occupational therapist
(8) Schedule 1, clause 39(1)—below "a person registered
under the Health Practitioner Regulation National Law to practise in the
nursing and midwifery profession as a nurse (other than as a student)"
insert:
a person registered under the Health Practitioner Regulation National
Law to practise in the occupational therapy profession (other than as a
student)
Schedule 1—Transitional
provision
In this Schedule—
principal Act means the Health
Practitioner Regulation National Law (South Australia)
Act 2010.
The amendments effected to Part 4 of the principal Act by this Act do
not affect a person's interest in a pharmacy business as it exists immediately
before the commencement of this Schedule and the person may continue to hold any
such interest until he or she disposes of the interest.