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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) (Restricted Birthing Practices) Amendment
Bill 2013
A BILL FOR
An Act to amend the Health
Practitioner Regulation National Law (South Australia) Act 2010 and
to make a related amendment to the Health
and Community Services Complaints Act 2004.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Amendment
provisions
Part 2—Amendment of Health
Practitioner Regulation National Law (South Australia)
Act 2010
4Amendment of Schedule 2—Health
Practitioner Regulation National Law
123ARestricted birthing practices
Schedule 1—Amendment of Health and
Community Services Complaints Act 2004
1Amendment of section
56A—Codes of conduct
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Health Practitioner Regulation National Law
(South Australia) (Restricted Birthing Practices) Amendment
Act 2013.
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
4—Amendment
of Schedule 2—Health Practitioner
Regulation National Law
Schedule 2—after section 123 insert:
123A—Restricted birthing
practices
(1) A person must not carry out a restricted birthing practice unless the
person—
(a) is a medical practitioner; or
(b) is a midwife; or
(c) is a student who carries out the restricted birthing practice in the
course of activities undertaken as part of—
(i) an approved program of study for the medical profession or the nursing
and midwifery profession; or
(ii) clinical training in the medical profession or the nursing and
midwifery profession; or
(d) is acting under the supervision of a medical practitioner or midwife
and is acting in accordance with any standards, codes or guidelines issued by
the National Board established for the relevant profession; or
(e) without limiting a preceding paragraph—is acting under a form of
delegated authority transferred or conferred by a midwife that is recognised by
the Nursing and Midwifery Board of Australia and is made in accordance with any
standards, codes or guidelines issued by that National Board; or
(f) is rendering assistance to a woman who is in labour or giving birth to
a child, or who has given birth to a child, where the assistance is provided in
an emergency.
Maximum penalty: $30 000 or imprisonment for 12 months.
(2) In this section—
midwife means a person who is registered under this Law in
the nursing and midwifery profession and in the register of midwives kept for
that profession;
restricted birthing practice means an act that involves
undertaking the care of a woman by managing the 3 stages (or any part of
these stages) of labour or child birth and, for the purposes of this definition,
the Minister may from time to time, on the joint advice of the Medical Board of
Australia and the Nursing and Midwifery Board of Australia, by notice in the
Gazette, specify activities that will be conclusively taken to constitute the
management of any part of 1 or more of these stages of labour or child
birth.
Schedule 1—Amendment
of Health and Community Services Complaints
Act 2004
1—Amendment
of section 56A—Codes of conduct
Section 56A(1)—delete subsection (1) and substitute:
(1) The Governor may, by regulation, prescribe a code of
conduct—
(a) relating to the provision of health services by persons who are not
registered service providers; or
(b) relating to the provision of health services that fall outside the
ambit of operation of a registration authority under a registration
law.