Victorian Bills Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Statute Law Amendment (National Health
Practitioner Regulation) Bill 2010
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 2
PART 2--AMENDMENTS TO THE HEALTH PROFESSIONS
REGISTRATION ACT 2005 3
3 Definitions 3
4 Statute law revision 3
5 Requirements for registration 3
6 Endorsement of registration for nurse practitioners 4
7 Endorsement of registration--midwives 4
8 Endorsement of registration of nurses--medication 4
9 Endorsement of registration of optometrists 4
10 Endorsement of registration of podiatrists 4
11 Endorsement of registration of pharmacists 4
12 Endorsement of registration for specialist practitioners 4
13 Endorsement of registration of health practitioners for
acupuncture 4
14 Reporting of ill-health of health practitioners 5
15 Immunity of health practitioners 5
16 Claims by persons as to registration 5
17 Clinical training 6
18 References to pharmacists 6
19 Division 2--Offences for nurses 7
20 Division 3--Dental care providers 7
21 Division 4--Optometrists 7
22 Definition for Part 6 7
23 New Division 1A inserted in Part 6 7
Division 1A--Pharmacy Board of Victoria 7
100A Pharmacy Board of Victoria 7
100B Powers and functions of Board 8
100C Delegation 8
100D Application of provisions of Act to Board 9
561421B.I-23/2/2010 i BILL LA INTRODUCTION 23/2/2010
Clause Page
24 Revocation of approvals 9
25 Powers and functions of responsible boards 9
26 Establishment of prescribing practice advisory committees 9
27 Membership of committees 9
28 General powers of entry with warrant 9
29 New Division 5 inserted in Part 11 10
Division 5--Transitional provisions--Statute Law
Amendment (National Health Practitioner Regulation)
Act 2010 10
183 Definitions 10
184 Abolition of Boards 10
185 Reports 11
186 Pharmacy Board of Victoria 11
30 Schedule 1 amended--responsible boards 11
31 Schedule 4 12
PART 3--AMENDMENTS TO THE HEALTH PRACTITIONER
REGULATION NATIONAL LAW (VICTORIA) ACT 2009 13
32 Exclusion of legislation 13
33 New section 8 inserted 13
8 Regulations dealing with transitional matters 13
PART 4--AMENDMENTS TO OTHER ACTS 15
Division 1--Amendments to the Births, Deaths and Marriages
Registration Act 1996 15
34 Definitions 15
Division 2--Amendments to the Drugs, Poisons and Controlled
Substances Act 1981 16
35 Definitions 16
36 Act not to derogate from provisions of other Acts 17
37 Persons authorized to have possession etc. of poisons or
controlled substances 18
38 Chinese medicine practitioners and herbal dispensers must
establish therapeutic need 20
39 Special provisions as to medical practitioners 20
40 Minister to approve scope of prescribing rights 21
41 Offences concerning labelling and other matters 23
42 Definitions 23
43 Administration of drugs etc. in aged care services 24
44 Section 36F substituted 24
36F Registered nurse to have regard to code or guideline 24
45 Regulations 24
46 Construction of section 129 25
561421B.I-23/2/2010 ii BILL LA INTRODUCTION 23/2/2010
Clause Page
47 General regulations 25
48 Statute law revision 26
Division 3--Amendment to the Interpretation of Legislation
Act 1984 26
49 New section 38E inserted 26
38E References to Health Practitioner Regulation National
Law 26
Division 4--Amendments to the Victorian Civil and Administrative
Tribunal Act 1998 27
50 Amendment of Schedule 1 27
PART 5AAB--HEALTH PRACTITIONER
REGULATION NATIONAL LAW (VICTORIA) 27
11AJ Constitution of Tribunal for hearings 27
Division 5--Consequential amendments to other Acts 28
51 Consequential amendments 28
PART 5--REPEAL OF AMENDING ACT 29
52 Repeal of amending Act 29
__________________
SCHEDULE--Consequential Amendments to other Acts 30
1 Abortion Law Reform Act 2008 30
2 Accident Compensation Act 1985 31
3 Adoption Act 1984 33
4 Agricultural and Veterinary Chemicals (Control of Use)
Act 1992 33
5 Alcoholics and Drug-dependent Persons Act 1968 33
6 Assisted Reproductive Treatment Act 2008 33
7 Bail Act 1977 34
8 Cancer Act 1958 34
9 Cemeteries and Crematoria Act 2003 34
10 Child Employment Act 2003 34
11 Child Wellbeing and Safety Act 2005 35
12 Children, Youth and Families Act 2005 36
13 Children's Services Act 1996 37
14 Coal Mines (Pensions) Act 1958 37
15 Coroners Act 2008 38
16 Corrections Act 1986 38
17 Crimes Act 1958 39
18 Crimes (Mental Impairment and Unfitness to be Tried)
Act 1997 43
19 Disability Act 2006 43
561421B.I-23/2/2010 iii BILL LA INTRODUCTION 23/2/2010
Clause Page
20 Electoral Act 2002 43
21 Emergency Services Superannuation Act 1986 43
22 Evidence (Miscellaneous Provisions) Act 1958 44
23 Firearms Act 1996 45
24 Food Act 1984 46
25 Freedom of Information Act 1982 46
26 Guardianship and Administration Act 1986 46
27 Health Practitioners (Special Events Exemption) Act 1999 47
28 Health Records Act 2001 47
29 Health Services Act 1988 47
30 Health Services (Conciliation and Review) Act 1987 48
31 Human Tissue Act 1982 48
32 Juries Act 2000 49
33 Legal Profession Act 2004 50
34 Liquor Control Reform Act 1998 50
35 Marine Act 1988 50
36 Meat Industry Act 1993 51
37 Medical Treatment Act 1988 51
38 Mental Health Act 1986 51
39 Occupational Health and Safety Act 2004 52
40 Parliamentary Salaries and Superannuation Act 1968 52
41 Police Integrity Act 2008 52
42 Police Regulation Act 1958 53
43 Professional Boxing and Combat Sports Act 1985 53
44 Public Health and Wellbeing Act 2008 54
45 Radiation Act 2005 56
46 Rail Safety Act 2006 57
47 Retirement Villages Act 1986 57
48 Road Safety Act 1986 58
49 Sentencing Act 1991 59
50 Serious Sex Offenders (Detention and Supervision)
Act 2009 60
51 State Employees Retirement Benefits Act 1979 61
52 State Superannuation Act 1988 61
53 Status of Children Act 1974 61
54 Summary Offences Act 1966 61
55 Therapeutic Goods (Victoria) Act 1994 62
56 Transport Accident Act 1986 63
57 Transport Superannuation Act 1988 65
58 Veterinary Practice Act 1997 65
59 Victorian Institute of Forensic Medicine Act 1985 66
60 Workers Compensation Act 1958 66
61 Working with Children Act 2005 67
62 Wrongs Act 1958 68
ENDNOTES 70
561421B.I-23/2/2010 iv BILL LA INTRODUCTION 23/2/2010
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Statute Law Amendment (National
Health Practitioner Regulation) Bill
2010
A Bill for an Act to amend the Health Professions Registration Act
2005, the Health Practitioner Regulation National Law (Victoria)
Act 2009 and other Acts and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The main purposes of this Act are--
(a) to amend the Health Professions
5 Registration Act 2005 as a consequence of
the enactment of the Health Practitioner
Regulation National Law (Victoria) Act
2009;
561421B.I-23/2/2010 1 BILL LA INTRODUCTION 23/2/2010
Statute Law Amendment (National Health Practitioner Regulation) Bill 2010
Part 1--Preliminary
s. 2
(b) to amend the Health Practitioner
Regulation National Law (Victoria) Act
2009 to provide for transitional and other
matters;
5 (c) to make consequential amendments to other
Acts as a result of the enactment of the
Health Practitioner Regulation National
Law (Victoria) Act 2009.
2 Commencement
10 (1) This Part and Parts 3 and 5 come into operation on
the day after the day on which this Act receives
the Royal Assent.
(2) The remaining provisions of this Act, including
the Schedule, come into operation on 1 July 2010.
__________________
561421B.I-23/2/2010 2 BILL LA INTRODUCTION 23/2/2010
Statute Law Amendment (National Health Practitioner Regulation) Bill 2010
Part 2--Amendments to the Health Professions Registration Act 2005
s. 3
PART 2--AMENDMENTS TO THE HEALTH PROFESSIONS
REGISTRATION ACT 2005
3 Definitions
(1) In section 3 of the Health Professions See:
Act No.
5 Registration Act 2005 for the definition of 97/2005.
registered medical practitioner substitute-- Reprint No. 1
as at
1 September
"registered medical practitioner means a person 2007
registered under the Health Practitioner and
amending
Regulation National Law to practise in the Act Nos
10 medical profession (other than as a 46/2008,
64/2008,
student);". 79/2008,
68/2009 and
(2) In section 3 of the Health Professions 69/2009.
Registration Act 2005 for the definition of LawToday:
www.
registered pharmacist substitute-- legislation.
vic.gov.au
15 "registered pharmacist means a person registered
under the Health Practitioner Regulation
National Law to practise in the pharmacy
profession (other than as a student);".
4 Statute law revision
20 In section 6(2)(ab)(ii) of the Health Professions
Registration Act 2005, for "practise" substitute
"practice".
5 Requirements for registration
(1) Section 7(2) of the Health Professions
25 Registration Act 2005 is repealed.
(2) For section 8(1) of the Health Professions
Registration Act 2005 substitute--
"(1) The responsible board may grant or refuse to
grant registration or renewal of registration
30 as a student to a person to enable that person
to undertake or complete any period of
clinical training as part of a course of study
required under section 5(1)(a) or (ab).".
561421B.I-23/2/2010 3 BILL LA INTRODUCTION 23/2/2010
Statute Law Amendment (National Health Practitioner Regulation) Bill 2010
Part 2--Amendments to the Health Professions Registration Act 2005
s. 6
(3) In section 18(5) of the Health Professions
Registration Act 2005 omit "or 7(2)".
6 Endorsement of registration for nurse practitioners
Section 20 of the Health Professions
5 Registration Act 2005 is repealed.
7 Endorsement of registration--midwives
Section 21 of the Health Professions
Registration Act 2005 is repealed.
8 Endorsement of registration of nurses--medication
10 Section 22 of the Health Professions
Registration Act 2005 is repealed.
9 Endorsement of registration of optometrists
Section 23 of the Health Professions
Registration Act 2005 is repealed.
15 10 Endorsement of registration of podiatrists
Section 24 of the Health Professions
Registration Act 2005 is repealed.
11 Endorsement of registration of pharmacists
Section 26 of the Health Professions
20 Registration Act 2005 is repealed.
12 Endorsement of registration for specialist
practitioners
Section 27 of the Health Professions
Registration Act 2005 is repealed.
25 13 Endorsement of registration of health practitioners
for acupuncture
Section 28 of the Health Professions
Registration Act 2005 is repealed.
561421B.I-23/2/2010 4 BILL LA INTRODUCTION 23/2/2010
Statute Law Amendment (National Health Practitioner Regulation) Bill 2010
Part 2--Amendments to the Health Professions Registration Act 2005
s. 14
14 Reporting of ill-health of health practitioners
In section 36 of the Health Professions
Registration Act 2005 for "the board responsible"
substitute "the Chinese Registration Medicine
5 Board or Medical Radiation Practitioners Board of
Victoria whichever is responsible".
15 Immunity of health practitioners
In section 37(1) of the Health Professions
Registration Act 2005, after "A" insert
10 "registered".
16 Claims by persons as to registration
(1) For the Table in section 80(2) of the Health
Professions Registration Act 2005 substitute--
"TABLE
acupuncturist registered acupuncturist
Chinese medicine registered Chinese
practitioner medicine practitioner
Chinese herbal dispenser registered Chinese herbal
dispenser
Chinese herbal medicine registered Chinese herbal
practitioner medicine practitioner
Oriental medicine registered Oriental
practitioner medicine practitioner
radiographer registered radiographer
nuclear medicine registered nuclear medicine
technologist technologist
radiation therapist registered radiation
therapist".
15 (2) After section 80(14) of the Health Professions
Registration Act 2005 insert--
"(15) Nothing in this section applies to a person
using the title acupuncturist if the person's
registration has been endorsed under
20 section 97 of the Health Practitioner
561421B.I-23/2/2010 5 BILL LA INTRODUCTION 23/2/2010
Statute Law Amendment (National Health Practitioner Regulation) Bill 2010
Part 2--Amendments to the Health Professions Registration Act 2005
s. 17
Regulation National Law as being qualified
to practise as an acupuncturist.
(16) Nothing in section 300(3) of the Health
Practitioner Regulation National Law affects
5 the operation of this section.".
17 Clinical training
For section 82(2) of the Health Professions
Registration Act 2005 substitute--
"(2) In this section relevant responsible board
10 means one of the following responsible
boards--
(a) the Chinese Medicine Registration
Board of Victoria;
(b) the Medical Radiation Practitioners
15 Board of Victoria.".
18 References to pharmacists
(1) In section 86 of the Health Professions
Registration Act 2005--
(a) in subsection (1) omit "and, in the case of a
20 pharmacist, from owning or having a
proprietary interest in a pharmacy business";
(b) in subsection (3), omit "or, in the case of a
pharmacist, from owning or having a
proprietary interest in a pharmacy business";
25 (c) in subsection (4) omit "or, in the case of a
pharmacist, to own or have a proprietary
interest in a pharmacy business";
(d) in subsection (5)(a) omit "including
pharmacy services".
30 (2) In section 88 of the Health Professions
Registration Act 2005, omit "or, in the case of a
pharmacist, own or have a proprietary interest in a
pharmacy business".
561421B.I-23/2/2010 6 BILL LA INTRODUCTION 23/2/2010
Statute Law Amendment (National Health Practitioner Regulation) Bill 2010
Part 2--Amendments to the Health Professions Registration Act 2005
s. 19
(3) In section 91(1) of the Health Professions
Registration Act 2005, omit "and, in the case of
a pharmacist, from owning or having a proprietary
interest in a pharmacy business".
5 (4) In section 92 of the Health Professions
Registration Act 2005, omit "or, in the case of a
pharmacist, from owning or having a proprietary
interest in a pharmacy business".
19 Division 2--Offences for nurses
10 Division 2 of Part 5 of the Health Professions
Registration Act 2005 is repealed.
20 Division 3--Dental care providers
Division 3 of Part 5 of the Health Professions
Registration Act 2005 is repealed.
15 21 Division 4--Optometrists
Division 4 of Part 5 of the Health Professions
Registration Act 2005 is repealed.
22 Definition for Part 6
In section 100 of the Health Professions
20 Registration Act 2005, in the definition of Board,
after "Act" insert "by Division 1A".
23 New Division 1A inserted in Part 6
After Division 1 of Part 6 of the Health
Professions Registration Act 2005 insert--
25 "Division 1A--Pharmacy Board of Victoria
100A Pharmacy Board of Victoria
The Pharmacy Board of Victoria as
constituted immediately before 1 July 2010
continues in operation, on and from 1 July
30 2010, under, and subject to, this Act.
561421B.I-23/2/2010 7 BILL LA INTRODUCTION 23/2/2010
Statute Law Amendment (National Health Practitioner Regulation) Bill 2010
Part 2--Amendments to the Health Professions Registration Act 2005
s. 23
100B Powers and functions of Board
(1) The Pharmacy Board of Victoria has the
following functions--
(a) to approve pharmacies, pharmacy
5 businesses, pharmacy departments and
pharmacy depots for the purposes of
this Part;
(b) to advise the Minister on any matters
relating to its functions;
10 (c) when so requested by the Minister, give
to the Minister any information
reasonably required by the Minister;
(d) any other functions conferred on the
Board by this or any other Act.
15 (2) The Board has all the powers necessary to
enable it to perform its functions.
(3) In carrying out its functions, the Board must
consult with the Minister and have regard to
the Minister's advice.
20 100C Delegation
The Pharmacy Board of Victoria, in writing,
may delegate to--
(a) a member of the Board; or
(b) the registrar or another person
25 employed by the Board under
section 132; or
(c) a person engaged by the Board to
provide services to the Board--
its powers and functions under this Act other
30 than--
(d) the power to refuse to approve an
application under this Part; or
561421B.I-23/2/2010 8 BILL LA INTRODUCTION 23/2/2010
Statute Law Amendment (National Health Practitioner Regulation) Bill 2010
Part 2--Amendments to the Health Professions Registration Act 2005
s. 24
(e) the power to revoke an approval under
this Part; or
(f) the power to impose conditions on an
approval under this Part; or
5 (g) this power to delegate.
100D Application of provisions of Act to Board
Sections 117(2) to (4), sections 120 to 132,
Part 8, Part 9 and sections 159 and 160(1)
apply to the Pharmacy Board of Victoria as
10 if a reference in those provisions to a
responsible board were a reference to the
Pharmacy Board of Victoria.".
24 Revocation of approvals
In section 113(1)(b)(ii) of the Health Professions
15 Registration Act 2005 after "regulations" insert
"or section 136 of the Health Practitioner
Regulation National Law".
25 Powers and functions of responsible boards
Section 118(3) of the Health Professions
20 Registration Act 2005 is repealed.
26 Establishment of prescribing practice advisory
committees
Section 135 of the Health Professions
Registration Act 2005 is repealed.
25 27 Membership of committees
Section 136(2) of the Health Professions
Registration Act 2005 is repealed.
28 General powers of entry with warrant
In section 147(1)(b) of the Health Professions
30 Registration Act 2005, after "this Act" insert
"or a matter referred to in section 47,".
561421B.I-23/2/2010 9 BILL LA INTRODUCTION 23/2/2010
Statute Law Amendment (National Health Practitioner Regulation) Bill 2010
Part 2--Amendments to the Health Professions Registration Act 2005
s. 29
29 New Division 5 inserted in Part 11
After Division 4 of Part 11 of the Health
Professions Registration Act 2005 insert--
"Division 5--Transitional provisions--Statute
5 Law Amendment (National Health Practitioner
Regulation) Act 2010
183 Definitions
In this Division--
old Board means a Board abolished by
10 section 184.
184 Abolition of Boards
The following Boards are abolished--
(a) the Chiropractors Registration Board of
Victoria;
15 (b) the Dental Practice Board of Victoria;
(c) the Medical Practitioners Board of
Victoria;
(d) the Nurses Board of Victoria;
(e) the Optometrists Registration Board of
20 Victoria;
(f) the Osteopaths Registration Board of
Victoria;
(g) the Physiotherapists Registration Board
of Victoria;
25 (h) the Podiatrists Registration Board of
Victoria;
(i) the Psychologists Registration Board
of Victoria.
561421B.I-23/2/2010 10 BILL LA INTRODUCTION 23/2/2010
Statute Law Amendment (National Health Practitioner Regulation) Bill 2010
Part 2--Amendments to the Health Professions Registration Act 2005
s. 30
185 Reports
(1) Despite section 184, the report of operations
and financial statements of an old Board for
a period of time prior to the financial year
5 ending 30 June 2010 must be prepared under
the Financial Management Act 1994.
(2) For the purposes of subsection (1), an old
Board continues in operation as if the old
Board were a responsible board and had not
10 been abolished.
186 Pharmacy Board of Victoria
The Pharmacy Board of Victoria as
constituted under Division 1A of Part 6--
(a) must prepare under the Financial
15 Management Act 1994 the report of
operations and financial statements of
that Board as constituted immediately
before 1 July 2010 for a period of time
prior to the financial year ending
20 30 June 2010;
(b) for the purposes of paragraph (a), the
Pharmacy Board of Victoria continues
in operation as if it were a responsible
board and had not been reconstituted
25 under Division 1A of Part 6.".
30 Schedule 1 amended--responsible boards
(1) In Schedule 1 to the Health Professions
Registration Act 2005 paragraphs (b), (c), (d),
(f), (g), (h), (i), (j), (k), (l) are repealed.
30 (2) In Schedule 1 to the Health Professions
Registration Act 2005, in paragraph (e) for
"Act;" substitute "Act.".
561421B.I-23/2/2010 11 BILL LA INTRODUCTION 23/2/2010
Statute Law Amendment (National Health Practitioner Regulation) Bill 2010
Part 2--Amendments to the Health Professions Registration Act 2005
s. 31
31 Schedule 4
Schedule 4 to the Health Professions
Registration Act 2005 is repealed.
__________________
561421B.I-23/2/2010 12 BILL LA INTRODUCTION 23/2/2010
Statute Law Amendment (National Health Practitioner Regulation) Bill 2010
Part 3--Amendments to the Health Practitioner Regulation National Law
s. 32
(Victoria) Act 2009
PART 3--AMENDMENTS TO THE HEALTH
PRACTITIONER REGULATION NATIONAL LAW
(VICTORIA) ACT 2009
32 Exclusion of legislation
5 Section 7(i) of the Health Practitioner See:
Act No.
Regulation National Law (Victoria) Act 2009 is 79/2009.
repealed. Statute Book:
www.
legislation.
vic.gov.au
33 New section 8 inserted
After section 7 of the Health Practitioner
10 Regulation National Law (Victoria) Act 2009
insert--
"8 Regulations dealing with transitional
matters
(1) The Governor in Council may make
15 regulations containing provisions of a
transitional nature, including matters of an
application or savings nature, arising as a
result of the enactment of this Act, including
any repeals and amendments made as a result
20 of the enactment of this Act.
(2) Regulations made under this section may--
(a) have a retrospective effect to a day on
or from a date not earlier than 1 July
2010; and
25 (b) be of limited or general application; and
(c) leave any matter or thing to be decided
by a specified person or class of person.
(3) Regulations under this section have effect
despite anything to the contrary in any Act
30 (other than this Act or the Charter of
561421B.I-23/2/2010 13 BILL LA INTRODUCTION 23/2/2010
Statute Law Amendment (National Health Practitioner Regulation) Bill 2010
Part 3--Amendments to the Health Practitioner Regulation National Law
s. 33
(Victoria) Act 2009
Human Rights and Responsibilities Act
2006) or in any subordinate instrument.
(4) For the avoidance of doubt, the Subordinate
Legislation Act 1994 applies to any
5 regulations made under this section.
(5) This section is repealed on 1 July 2014.".
__________________
561421B.I-23/2/2010 14 BILL LA INTRODUCTION 23/2/2010
Statute Law Amendment (National Health Practitioner Regulation) Bill 2010
Part 4--Amendments to Other Acts
s. 34
PART 4--AMENDMENTS TO OTHER ACTS
Division 1--Amendments to the Births, Deaths and
Marriages Registration Act 1996
34 Definitions
5 In section 4(1) of the Births, Deaths and See:
Act No.
Marriages Registration Act 1996-- 43/1996.
Reprint No. 2
(a) for the definition of doctor substitute-- as at
16 November
"doctor means a person registered under the 2006
and
Health Practitioner Regulation National amending
10 Law to practise in the medical Act Nos
97/2005,
profession (other than as a student);"; 12/2008,
46/2008,
(b) insert the following definition-- 76/2008 and
77/2008.
"midwife means a person registered under LawToday:
www.
the Health Practitioner Regulation legislation.
15 National Law-- vic.gov.au
(a) to practise in the nursing and
midwifery profession as a midwife
(other than as a student); and
(b) in the register of midwives kept
20 for that profession;".
561421B.I-23/2/2010 15 BILL LA INTRODUCTION 23/2/2010
Statute Law Amendment (National Health Practitioner Regulation) Bill 2010
Part 4--Amendments to Other Acts
s. 35
Division 2--Amendments to the Drugs, Poisons and
Controlled Substances Act 1981
35 Definitions
See: (1) In section 4(1) of the Drugs, Poisons and
Act No.
5 9719. Controlled Substances Act 1981--
Reprint No. 8
as at (a) the definition of authorised practitioner is
1 August 2007
and
repealed;
amending
Act Nos (b) for the definition of dentist substitute--
16/2004,
17/2008, "dentist means a person registered under the
10 34/2008,
46/2008,
Health Practitioner Regulation National
25/2009, Law--
55/2009 and
68/2009. (a) to practise in the dental profession
LawToday:
www.
as a dentist (other than as a
legislation. student); and
vic.gov.au
15 (b) in the dentists division of that
profession;";
(c) for the definition of nurse practitioner
substitute--
"nurse practitioner means a nurse whose
20 registration is endorsed by the Nursing
and Midwifery Board of Australia
under section 95 of the Health
Practitioner Regulation National Law;";
(d) for the definition of pharmacist substitute--
25 "pharmacist means a person registered under
the Health Practitioner Regulation
National Law to practise in the
pharmacy profession (other than as a
student);";
30 (e) for the definitions of registered medical
practitioner, registered optometrist and
registered podiatrist substitute--
561421B.I-23/2/2010 16 BILL LA INTRODUCTION 23/2/2010
Statute Law Amendment (National Health Practitioner Regulation) Bill 2010
Part 4--Amendments to Other Acts
s. 36
"registered medical practitioner means a
person registered under the Health
Practitioner Regulation National Law to
practise in the medical profession
5 (other than as a student);
registered optometrist means a person
registered under the Health Practitioner
Regulation National Law to practise in
the optometry profession (other than as
10 a student;
registered podiatrist means a person
registered under the Health Practitioner
Regulation National Law to practise in
the podiatry profession (other than as a
15 student);".
(2) In section 4(1) of the Drugs, Poisons and
Controlled Substances Act 1981 insert the
following definition--
"registered nurse means a person registered under
20 the Health Practitioner Regulation National
Law--
(a) to practise in the nursing and midwifery
profession as a nurse (other than as a
midwife or as a student); and
25 (b) in the registered nurses division of that
profession;".
36 Act not to derogate from provisions of other Acts
In section 7 of the Drugs, Poisons and
Controlled Substances Act 1981, after "Health
30 Professions Registration Act 2005," insert
"Health Practitioner Regulation National Law,".
561421B.I-23/2/2010 17 BILL LA INTRODUCTION 23/2/2010
Statute Law Amendment (National Health Practitioner Regulation) Bill 2010
Part 4--Amendments to Other Acts
s. 37
37 Persons authorized to have possession etc. of poisons
or controlled substances
(1) In section 13(1) of the Drugs, Poisons and
Controlled Substances Act 1981--
5 (a) for paragraph (ba) substitute--
"(ba) any nurse practitioner is hereby
authorised to obtain and have in his or
her possession and to use, sell or supply
any Schedule 2, 3, 4 or 8 poison
10 approved by the Minister in relation to
the relevant category of nurse
practitioner in the lawful practice of his
or her profession as a nurse
practitioner; and
15 (bb) any registered nurse whose registration
is endorsed under section 94 of the
Health Practitioner Regulation National
Law is hereby authorised to obtain and
have in his or her possession and to use,
20 sell or supply any Schedule 2, 3, 4 or 8
poison approved by the Minister in
relation to the relevant category of
nurse in the lawful practice of his or her
profession as a registered nurse; and";
25 (b) in paragraph (c) for "the Health Professions
Registration Act 2005" substitute
"section 94 of the Health Practitioner
Regulation National Law";
(c) in paragraph (ca) for "the Health
30 Professions Registration Act 2005"
substitute "section 94 of the Health
Practitioner Regulation National Law".
561421B.I-23/2/2010 18 BILL LA INTRODUCTION 23/2/2010
Statute Law Amendment (National Health Practitioner Regulation) Bill 2010
Part 4--Amendments to Other Acts
s. 37
(2) After section 13(2AA) of the Drugs, Poisons and
Controlled Substances Act 1981 insert--
"(2AAB) Subsection (1)(bb) shall not be construed as
authorising a registered nurse referred to in
5 that paragraph to sell or supply any
Schedule 2, 3, 4 or 8 poison by retail in an
open shop unless the registered nurse is
licensed under this Act to do so.".
(3) For section 13(3A) of the Drugs, Poisons and
10 Controlled Substances Act 1981 substitute--
"(3A) If a registered Chinese herbal dispenser sells
or supplies by wholesale a Schedule 1 poison
to any other registered Chinese herbal
dispenser in accordance with an endorsement
15 of that other dispenser's registration under
the Health Professions Registration Act
2005 for use by the other registered Chinese
herbal dispenser in the lawful practice of his
or her profession as a registered Chinese
20 herbal dispenser, the sale or supply shall, for
the purposes of subsection (1), be regarded
as a sale or supply in the lawful practice of
his or her profession by the first-mentioned
registered Chinese herbal dispenser.".
25 (4) For section 13(5) of the Drugs, Poisons and
Controlled Substances Act 1981 substitute--
"(5) Despite subsection (1)(a), a registered
medical practitioner or pharmacist who is
also registered as a Chinese medicine
30 practitioner or Chinese herbal dispenser with
an endorsement with respect to Schedule 1
poisons is authorised to obtain and have in
his or her possession and to use, sell or
supply Schedule 1 poisons in accordance
35 with that endorsement in the lawful practice
of his or her profession as a registered
medical practitioner or pharmacist.".
561421B.I-23/2/2010 19 BILL LA INTRODUCTION 23/2/2010
Statute Law Amendment (National Health Practitioner Regulation) Bill 2010
Part 4--Amendments to Other Acts
s. 38
38 Chinese medicine practitioners and herbal
dispensers must establish therapeutic need
In section 13A of the Drugs, Poisons and
Controlled Substances Act 1981--
5 (a) omit "or an authorised practitioner",
wherever occurring;
(b) in subsection (2)(b)--
(i) omit "or authorised practitioner";
(ii) omit "or that authorised practitioner".
10 39 Special provisions as to medical practitioners
(1) Insert the following heading to section 14 of the
Drugs, Poisons and Controlled Substances Act
1981--
"Restrictions on authorisations for certain
15 health practitioners".
(2) In section 14(1) of the Drugs, Poisons and
Controlled Substances Act 1981, for "the Health
Professions Registration Act 2005, the Medical
Practitioners Board of Victoria" substitute "the
20 Health Practitioner Regulation National Law, the
Medical Board of Australia".
(3) In section 14(3) of the Drugs, Poisons and
Controlled Substances Act 1981--
(a) for "the Nurses Board of Victoria continued
25 in operation under the Health Professions
Registration Act 2005" substitute "the
Nursing and Midwifery Board of Australia
acting under the Health Practitioner
Regulation National Law";
30 (b) after "nurse practitioner" (where twice
occurring) insert "or registered nurse".
561421B.I-23/2/2010 20 BILL LA INTRODUCTION 23/2/2010
Statute Law Amendment (National Health Practitioner Regulation) Bill 2010
Part 4--Amendments to Other Acts
s. 40
(4) In section 14(4) of the Drugs, Poisons and
Controlled Substances Act 1981, for
"Optometrists Registration Board of Victoria
continued under the Health Professions
5 Registration Act 2005" substitute "Optometry
Board of Australia acting under the Health
Practitioner Regulation National Law".
(5) In section 14(5) of the Drugs, Poisons and
Controlled Substances Act 1981, for "Podiatrists
10 Registration Board of Victoria continued under
the Health Professions Registration Act 2005"
substitute "Podiatry Board of Australia acting
under the Health Practitioner Regulation National
Law".
15 40 Minister to approve scope of prescribing rights
(1) In the heading to section 14A of the Drugs,
Poisons and Controlled Substances Act 1981
after "rights" insert "or supply of poisons".
(2) In section 14A(1) of the Drugs, Poisons and
20 Controlled Substances Act 1981, after "(ba),"
insert "(bb),".
(3) After section 14A(1) of the Drugs, Poisons and
Controlled Substances Act 1981 insert--
"(1A) Without limiting subsection (1), for the
25 purposes of an authorisation under section
13(1)(bb), the Minister may approve--
(a) the health services or class of health
services in which the poison or class of
poison is to be used, sold or supplied;
30 and
(b) the clinical circumstances in which a
registered nurse or class of registered
nurse may use, sell or supply any
Schedule 2, 3, 4 or 8 poison or class of
35 Schedule 2, 3, 4 or 8 poison.".
561421B.I-23/2/2010 21 BILL LA INTRODUCTION 23/2/2010
Statute Law Amendment (National Health Practitioner Regulation) Bill 2010
Part 4--Amendments to Other Acts
s. 40
(4) For section 14A(2) of the Drugs, Poisons and
Controlled Substances Act 1981 substitute--
"(2) An approval under subsection (1) or (1A)
may--
5 (a) be expressed generally for all poisons
in a specified Schedule; or
(b) be limited to a particular class, list or
type of poison in a specified Schedule;
or
10 (c) be limited by reference to a specified
form of the poison; or
(d) be limited by reference to the purpose
for which the poison is to be used, sold
or supplied; or
15 (e) be limited by reference to any other
matter specified in the approval; or
(f) apply, adopt or incorporate any matter
contained in any document, code,
standard, rule, specification or method,
20 formulated, issued, prescribed or
published by any other person
whether--
(i) wholly or partially or as amended
by the approval; or
25 (ii) as formulated, issued, prescribed
or published at the time the
approval is made or at any time
before then; or
(iii) as formulated, issued, prescribed
30 or published from time to time.".
561421B.I-23/2/2010 22 BILL LA INTRODUCTION 23/2/2010
Statute Law Amendment (National Health Practitioner Regulation) Bill 2010
Part 4--Amendments to Other Acts
s. 41
(5) In section 14A(3) of the Drugs, Poisons and
Controlled Substances Act 1981--
(a) for "The Minister" substitute "Without
limiting the Minister's powers under
5 subsection (1) or (1A), the Minister";
(b) after "2005" insert "or the relevant National
Health Practitioner Board established by the
Health Practitioner Regulation National
Law".
10 (6) In section 14A(4) of the Drugs, Poisons and
Controlled Substances Act 1981 after "may"
insert "amend or".
(7) After section 14A(4) of the Drugs, Poisons and
Controlled Substances Act 1981 insert--
15 "(5) An approval made under this section takes
effect on the date of publication of the notice
in the Government Gazette or on such later
date as is specified in the notice.".
41 Offences concerning labelling and other matters
20 For section 27A(4) of the Drugs, Poisons and
Controlled Substances Act 1981 substitute--
"(4) Nothing in this section applies to a
Schedule 1 poison that is sold or supplied by
a registered Chinese medicine practitioner or
25 registered Chinese herbal dispenser in
accordance with the endorsement of that
person's registration under the Health
Professions Registration Act 2005.".
42 Definitions
30 (1) In section 36D of the Drugs, Poisons and
Controlled Substances Act 1981, in the
definition of high level residential care for
"Commonwealth;" substitute "Commonwealth.".
561421B.I-23/2/2010 23 BILL LA INTRODUCTION 23/2/2010
Statute Law Amendment (National Health Practitioner Regulation) Bill 2010
Part 4--Amendments to Other Acts
s. 43
(2) In section 36D of the Drugs, Poisons and
Controlled Substances Act 1981, the definitions
of nurse and Nurses Board of Victoria are
repealed.
5 43 Administration of drugs etc. in aged care services
In section 36E of the Drugs, Poisons and
Controlled Substances Act 1981, for "nurse"
substitute "registered nurse".
44 Section 36F substituted
10 For section 36F of the Drugs, Poisons and
Controlled Substances Act 1981 substitute--
"36F Registered nurse to have regard to code or
guideline
A registered nurse who manages the
15 administration of any drug of dependence,
Schedule 9 poison, Schedule 8 poison or
Schedule 4 poison to a resident in an aged
care service in accordance with this Division
must do so in accordance with the relevant
20 code or guideline (if any) issued by the
Nursing and Midwifery Board of Australia
under the Health Practitioner Regulation
National Law.".
45 Regulations
25 (1) In section 129(1) of the Drugs, Poisons and
Controlled Substances Act 1981 after "nurse
practitioners," (wherever occurring) insert
"registered nurses,".
(2) In section 129(2) of the Drugs, Poisons and
30 Controlled Substances Act 1981 after "nurse
practitioner," insert "registered nurse,".
561421B.I-23/2/2010 24 BILL LA INTRODUCTION 23/2/2010
Statute Law Amendment (National Health Practitioner Regulation) Bill 2010
Part 4--Amendments to Other Acts
s. 46
46 Construction of section 129
In section 130 of the Drugs, Poisons and
Controlled Substances Act 1981--
(a) in paragraph (b) for "2005." substitute
5 "2005; or";
(b) after paragraph (b) insert--
"(c) as unprofessional conduct within the
meaning and for the purposes of the
Health Practitioner Regulation National
10 Law."
47 General regulations
In section 132 of the Drugs, Poisons and
Controlled Substances Act 1981--
(a) after paragraph (g) insert--
15 "(h) prescribing the Schedule 2, 3, 4 or 8
poisons that a registered nurse or class
of registered nurse is authorised to
obtain and have in his or her possession
and to use, sell or supply;";
20 (b) in paragraph (k), after "nurse practitioners,"
insert "registered nurses, registered
optometrists, registered podiatrists,";
(c) in paragraph (q) after "nurse practitioner,"
insert "registered nurse, registered
25 podiatrist,";
(d) in paragraph (z) after "nurse practitioners,"
insert "registered nurses, registered
optometrists, registered podiatrists,";
(e) in paragraph (za) after "nurse practitioner,"
30 insert "registered nurse, registered
optometrist, registered podiatrist,";
561421B.I-23/2/2010 25 BILL LA INTRODUCTION 23/2/2010
Statute Law Amendment (National Health Practitioner Regulation) Bill 2010
Part 4--Amendments to Other Acts
s. 48
(f) in paragraph (zc) after "nurse practitioner,"
insert "registered nurse, registered
optometrist, registered podiatrist,".
48 Statute law revision
5 In the Drugs, Poisons and Controlled
Substances Act 1981--
(a) in section 52(2)(f), for "Agricultural
Chemicals Act 1958" substitute
"Agricultural and Veterinary Chemicals
10 (Control of Use) Act 1992".
(b) in section 120(3)--
(i) for "paragraph (a)" substitute
"subsection (2)(a)";
(ii) for "(i) not" substitute "(a) not";
15 (iii) for "(ii) notice" substitute
"(b) notice".
Division 3--Amendment to the Interpretation of Legislation
Act 1984
49 New section 38E inserted
20 See: After section 38D of the Interpretation of
Act No.
10096. Legislation Act 1984 insert--
Reprint No. 9
as at "38E References to Health Practitioner
6 March 2007
and Regulation National Law
amending
Act Nos In an Act or a subordinate instrument--
4/2008,
25 30/2008, Health Practitioner Regulation National
77/2008,
78/2008,
Law means--
9/2009,
68/2009 and
(a) the Health Practitioner Regulation
69/2009. National Law--
LawToday:
www. (i) as in force from time to time,
legislation.
30 vic.gov.au set out in the Schedule to the
Health Practitioner
561421B.I-23/2/2010 26 BILL LA INTRODUCTION 23/2/2010
Statute Law Amendment (National Health Practitioner Regulation) Bill 2010
Part 4--Amendments to Other Acts
s. 50
Regulation National Law Act
2009 of Queensland; and
(ii) as it applies as a law of
Victoria, another State or a
5 Territory (with or without
modification); or
(b) the law of another State or a
Territory that substantially
corresponds to the law referred to
10 in paragraph (a);
Health Practitioner Regulation National
Law (Victoria) means the provisions
applying because of section 4 of the
Health Practitioner Regulation
15 National Law (Victoria) Act 2009.".
Division 4--Amendments to the Victorian Civil and
Administrative Tribunal Act 1998
50 Amendment of Schedule 1
After Part 5AA of Schedule 1 to the Victorian See:
Act No.
20 Civil and Administrative Tribunal Act 1998 53/1998.
insert-- Reprint No. 6
as at
1 January
"PART 5AAB--HEALTH PRACTITIONER 2009
and
REGULATION NATIONAL LAW (VICTORIA) amending
Act Nos
11AJ Constitution of Tribunal for hearings 46/2008,
76/2008,
25 The Tribunal is to be constituted for the 78/2008,
6/2009,
purposes of making a final determination 14/2009,
under Part 8 of the Health Practitioner 21/2009,
68/2009 and
Regulation National Law (Victoria) by at 69/2009.
least 3 members, of whom at least 2 must be LawToday:
www.
30 health practitioners with professional legislation.
qualifications in the health profession vic.gov.au
regulated by the National Board that is a
party to the proceedings.".
561421B.I-23/2/2010 27 BILL LA INTRODUCTION 23/2/2010
Statute Law Amendment (National Health Practitioner Regulation) Bill 2010
Part 4--Amendments to Other Acts
s. 51
Division 5--Consequential amendments to other Acts
51 Consequential amendments
An Act specified in a heading to an item in the
Schedule is amended as set out in that item.
__________________
561421B.I-23/2/2010 28 BILL LA INTRODUCTION 23/2/2010
Statute Law Amendment (National Health Practitioner Regulation) Bill 2010
Part 5--Repeal of Amending Act
s. 52
PART 5--REPEAL OF AMENDING ACT
52 Repeal of amending Act
This Act is repealed on 1 July 2011.
Note
5 The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
__________________
561421B.I-23/2/2010 29 BILL LA INTRODUCTION 23/2/2010
Statute Law Amendment (National Health Practitioner Regulation) Bill 2010
Sch.
SCHEDULE
CONSEQUENTIAL AMENDMENTS TO OTHER ACTS
1 Abortion Law Reform Act 2008
1.1 In section 3 for the definitions of registered
5 health practitioner, registered medical
practitioner, registered nurse, registered
pharmacist and regulated health profession
substitute--
"registered health practitioner means--
10 (a) a registered health practitioner within
the meaning of the Health Professions
Registration Act 2005;
(b) a person registered under the Health
Practitioner Regulation National Law to
15 practise a health profession (other than
as a student);
registered medical practitioner means a person
registered under the Health Practitioner
Regulation National Law to practise in the
20 medical profession (other than as a student);
registered nurse means a person registered under
the Health Practitioner Regulation National
Law to practise in the nursing and midwifery
profession as a nurse or as a midwife (other
25 than as a student);
registered pharmacist means a person registered
under the Health Practitioner Regulation
National Law to practise in the pharmacy
profession (other than as a student);
561421B.I-23/2/2010 30 BILL LA INTRODUCTION 23/2/2010
Statute Law Amendment (National Health Practitioner Regulation) Bill 2010
Sch.
regulated health profession means--
(a) regulated health profession within the
meaning of the Health Professions
Registration Act 2005;
5 (b) a health profession within the meaning
of the Health Practitioner Regulation
National Law;".
2 Accident Compensation Act 1985
2.1 In section 5(1) for paragraph (a) of the definition
10 of medical practitioner substitute--
"(a) a person registered under the Health
Practitioner Regulation National Law to
practise in the medical profession (other than
as a student); and".
15 2.2 In section 5(1) insert the following definitions--
"midwife means a person registered under the
Health Practitioner Regulation National
Law--
(a) to practise in the nursing and midwifery
20 profession as a midwife (other than as a
student); and
(b) in the register of midwives kept for that
profession;
nurse means a person registered under the Health
25 Practitioner Regulation National Law to
practise in the nursing and midwifery
profession as a nurse (other than as a
midwife or as a student);".
2.3 In section 5(1) for the definition of nursing
30 service substitute--
"nursing service means a nursing or midwifery
service rendered by a nurse or midwife,
otherwise than at a hospital or as a member
of the nursing staff of a hospital;".
561421B.I-23/2/2010 31 BILL LA INTRODUCTION 23/2/2010
Statute Law Amendment (National Health Practitioner Regulation) Bill 2010
Sch.
2.4 In section 5(1) for the definitions of registered
chiropractor, registered dentist, registered
optometrist, registered osteopath, registered
physiotherapist, registered podiatrist and
5 registered psychologist substitute--
"registered chiropractor means a person
registered under the Health Practitioner
Regulation National Law to practise in the
chiropractic profession (other than as a
10 student);
registered dentist means a person registered under
the Health Practitioner Regulation National
Law--
(a) to practise in the dental profession as a
15 dentist (other than as a student); and
(b) in the dentists division of that
profession;
registered optometrist means a person registered
under the Health Practitioner Regulation
20 National Law to practise in the optometry
profession (other than as a student);
registered osteopath means a person registered
under the Health Practitioner Regulation
National Law to practise in the osteopathy
25 profession (other than as a student);
registered physiotherapist means a person
registered under the Health Practitioner
Regulation National Law to practise in the
physiotherapy profession (other than as a
30 student);
registered podiatrist means a person who is
registered under the Health Practitioner
Regulation National Law to practise in the
podiatry profession (other than as a student);
561421B.I-23/2/2010 32 BILL LA INTRODUCTION 23/2/2010
Statute Law Amendment (National Health Practitioner Regulation) Bill 2010
Sch.
registered psychologist means a person registered
under the Health Practitioner Regulation
National Law to practise in the psychology
profession (other than as a student);".
5 3 Adoption Act 1984
3.1 In section 43(3) for "Health Professions
Registration Act 2005" substitute "Health
Practitioner Regulation National Law".
3.2 In section 89 for "Health Professions
10 Registration Act 2005" substitute "Health
Practitioner Regulation National Law".
4 Agricultural and Veterinary Chemicals (Control of
Use) Act 1992
4.1 In section 4, in paragraph (a)(i) of the definition of
15 veterinary chemical product after "pharmacist"
insert "registered under the Health Practitioner
Regulation National Law".
5 Alcoholics and Drug-dependent Persons Act 1968
5.1 In section 3(1), for the definition of registered
20 medical practitioner substitute--
"registered medical practitioner means a person
registered under the Health Practitioner
Regulation National Law to practise in the
medical profession (other than as a
25 student);".
6 Assisted Reproductive Treatment Act 2008
6.1 In section 3 for the definition of doctor
substitute--
"doctor means a person registered under the
30 Health Practitioner Regulation National Law
to practise in the medical profession (other
than as a student);".
561421B.I-23/2/2010 33 BILL LA INTRODUCTION 23/2/2010
Statute Law Amendment (National Health Practitioner Regulation) Bill 2010
Sch.
7 Bail Act 1977
7.1 In section 5(4), for "medical practitioner
registered under the Health Professions
Registration Act 2005" substitute "registered
5 medical practitioner".
7.2 After section 5(4) insert--
"(5) In subsection (4), registered medical
practitioner means a person registered under
the Health Practitioner Regulation National
10 Law to practise in the medical profession
(other than as a student).".
8 Cancer Act 1958
8.1 In section 59(1), for the definition of registered
medical practitioner substitute--
15 "registered medical practitioner means a person
registered under the Health Practitioner
Regulation National Law to practise in the
medical profession (other than as a
student).".
20 9 Cemeteries and Crematoria Act 2003
9.1 In section 3(1), for the definition of registered
medical practitioner substitute--
"registered medical practitioner means a person
registered under the Health Practitioner
25 Regulation National Law to practise in the
medical profession (other than as a
student);".
10 Child Employment Act 2003
10.1 In section 3, for the definition of registered
30 pharmacist substitute--
"registered pharmacist means a person registered
under the Health Practitioner Regulation
National Law to practise in the pharmacy
profession (other than as a student);".
561421B.I-23/2/2010 34 BILL LA INTRODUCTION 23/2/2010
Statute Law Amendment (National Health Practitioner Regulation) Bill 2010
Sch.
11 Child Wellbeing and Safety Act 2005
11.1 In section 3, for the definition of health
professional substitute--
"health professional means a person who is
5 registered as any of the following under the
Health Practitioner Regulation National
Law--
(a) a medical practitioner; or
(b) a nurse; or
10 (c) a psychologist; or
(d) a midwife;".
11.2 In section 3 insert the following definitions--
"medical practitioner means a person registered
under the Health Practitioner Regulation
15 National Law to practise in the medical
profession (other than as a student);
midwife means a person registered under the
Health Practitioner Regulation National
Law--
20 (a) to practise in the nursing and midwifery
profession as a midwife (other than as a
student); and
(b) in the register of midwives kept for that
profession;
25 nurse means 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
midwife or as a student);
561421B.I-23/2/2010 35 BILL LA INTRODUCTION 23/2/2010
Statute Law Amendment (National Health Practitioner Regulation) Bill 2010
Sch.
psychologist means a person registered under the
Health Practitioner Regulation National Law
to practise in the psychology profession
(other than as a student);".
5 11.3 In section 45(a) after "nurse" insert "or midwife".
12 Children, Youth and Families Act 2005
12.1 In section 3(1) in the definition of information
holder, for paragraphs (i) and (j) substitute--
"(i) a registered psychologist;
10 (j) a nurse;
(ja) a midwife;".
12.2 In section 3(1)--
(a) for the definition of registered medical
practitioner substitute--
15 "registered medical practitioner means a
person registered under the Health
Practitioner Regulation National Law to
practise in the medical profession
(other than as a student);";
20 (b) for the definition of registered psychologist
substitute--
"registered psychologist means a person
registered under the Health Practitioner
Regulation National Law to practise in
25 the psychology profession (other than
as a student);".
12.3 In section 3(1), insert the following definitions--
"midwife means a person registered under the
Health Practitioner Regulation National
30 Law--
(a) to practise in the nursing and midwifery
profession as a midwife (other than as a
student); and
561421B.I-23/2/2010 36 BILL LA INTRODUCTION 23/2/2010
Statute Law Amendment (National Health Practitioner Regulation) Bill 2010
Sch.
(b) in the register of midwives kept for that
profession;
nurse means a person registered under the Health
Practitioner Regulation National Law to
5 practise in the nursing and midwifery
profession as a nurse (other than as a
midwife or as a student);".
12.4 For section 182(1)(b) substitute--
"(b) a nurse;
10 (ba) a midwife;".
13 Children's Services Act 1996
13.1 In section 3(1), for the definition of registered
medical practitioner substitute--
"registered medical practitioner means a person
15 registered under the Health Practitioner
Regulation National Law to practise in the
medical profession (other than as a
student);".
14 Coal Mines (Pensions) Act 1958
20 14.1 In section 105(4) for "medical practitioner
registered under the Health Professions
Registration Act 2005" (where twice occurring)
substitute "registered medical practitioner".
14.2 After section 105(4) insert--
25 "(5) In subsection (4), registered medical
practitioner means a person registered under
the Health Practitioner Regulation National
Law to practise in the medical profession
(other than as a student).".
561421B.I-23/2/2010 37 BILL LA INTRODUCTION 23/2/2010
Statute Law Amendment (National Health Practitioner Regulation) Bill 2010
Sch.
15 Coroners Act 2008
15.1 In section 3(1), for the definition of registered
medical practitioner substitute--
"registered medical practitioner means a person
5 registered under the Health Practitioner
Regulation National Law to practise in the
medical profession (other than as a
student);".
16 Corrections Act 1986
10 16.1 In section 3(1) insert the following definitions--
"midwife means a person registered under the
Health Practitioner Regulation National
Law--
(a) to practise in the nursing and midwifery
15 profession as a midwife (other than as a
student); and
(b) in the register of midwives kept for that
profession;
nurse means a person registered under the Health
20 Practitioner Regulation National Law to
practise in the nursing and midwifery
profession as a nurse (other than as a
midwife or as a student);
registered medical practitioner means a person
25 registered under the Health Practitioner
Regulation National Law to practise in the
medical profession (other than as a
student);".
16.2 In section 14 in the definition of officer in
30 paragraph (f) for "nurse" substitute "nurse,
midwife".
561421B.I-23/2/2010 38 BILL LA INTRODUCTION 23/2/2010
Statute Law Amendment (National Health Practitioner Regulation) Bill 2010
Sch.
16.3 In section 16(1) for "medical practitioner
registered under the Health Professions
Registration Act 2005" substitute "registered
medical practitioner".
5 16.4 In section 30I(5), in the definition of authorised
person--
(a) in paragraph (c), for "medical practitioner
registered under the Health Professions
Registration Act 2005" substitute
10 "registered medical practitioner";
(b) in paragraph (d), for "psychologist registered
under the Health Professions Registration
Act 2005" substitute "person registered as a
psychologist under the Health Practitioner
15 Regulation National Law".
16.5 In sections 60G(a) and 77(8), for "medical
practitioner registered under the Health
Professions Registration Act 2005" substitute
"registered medical practitioner".
20 16.6 In section 85 in paragraph (e) of the definition of
officer for "nurse" substitute "nurse, midwife".
17 Crimes Act 1958
17.1 In section 15 for the definitions of registered
medical practitioner, registered midwife,
25 registered nurse and registered pharmacist
substitute--
"registered medical practitioner means a person
registered under the Health Practitioner
Regulation National Law to practise in the
30 medical profession (other than as a student);
registered midwife means a person registered
under the Health Practitioner Regulation
National Law--
561421B.I-23/2/2010 39 BILL LA INTRODUCTION 23/2/2010
Statute Law Amendment (National Health Practitioner Regulation) Bill 2010
Sch.
(a) to practise in the nursing and midwifery
profession as a midwife (other than as a
student); and
(b) in the register of midwives kept for that
5 profession;
registered nurse means 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
10 student);
registered pharmacist means a person registered
under the Health Practitioner Regulation
National Law to practise in the pharmacy
profession (other than as a student);".
15 17.2 In section 65(4) for the definitions of registered
medical practitioner, registered nurse and
registered pharmacist substitute--
"registered medical practitioner means a person
registered under the Health Practitioner
20 Regulation National Law to practise in the
medical profession (other than as a student);
registered nurse means a person registered under
the Health Practitioner Regulation National
Law to practise in the nursing and midwifery
25 profession as a nurse or as a midwife (other
than as a student);
registered pharmacist means a person registered
under the Health Practitioner Regulation
National Law to practise in the pharmacy
30 profession (other than as a student);".
17.3 In section 464(2)--
(a) for the definition of dentist substitute--
"dentist means a person registered under the
Health Practitioner Regulation National
35 Law--
561421B.I-23/2/2010 40 BILL LA INTRODUCTION 23/2/2010
Statute Law Amendment (National Health Practitioner Regulation) Bill 2010
Sch.
(a) to practise in the dental profession
as a dentist (other than as a
student);
(b) in the dentists division of that
5 profession;";
(b) for the definition of medical practitioner
substitute--
"medical practitioner means a person
registered under the Health Practitioner
10 Regulation National Law to practise in
the medical profession (other than as a
student);";
(c) for the definition of nurse substitute--
"nurse means a person registered under the
15 Health Practitioner Regulation National
Law to practise in the nursing and
midwifery profession as a nurse (other
than as a midwife or as a student);";
(d) insert the following definition--
20 "midwife means a person registered under
the Health Practitioner Regulation
National Law--
(a) to practise in the nursing and
midwifery profession as a midwife
25 (other than as a student); and
(b) in the register of midwives kept
for that profession;".
17.4 In section 464S(1)(c) after "nurse" insert
"or midwife".
30 17.5 In section 464Y(1) after "nurse" insert
", midwife".
561421B.I-23/2/2010 41 BILL LA INTRODUCTION 23/2/2010
Statute Law Amendment (National Health Practitioner Regulation) Bill 2010
Sch.
17.6 In section 464Z--
(a) in subsection (3)(a) after "nurse" insert
"or midwife";
(b) in subsection (3)(c) after "nurse" insert
5 ", or midwife";
(c) in subsection (4) after "nurse" insert
"or midwife";
(d) in subsection (5) after "nurse" insert
", midwife";
10 (e) in subsection (6)(a) after "nurse" insert
", midwife";
(f) in subsection (8) after "nurse" insert
", midwife".
17.7 In section 464ZA(1) after "nurse," insert
15 "midwife,".
17.8 In section 464ZA(4)(b)--
(a) after "independent nurse" insert
"or independent midwife";
(b) after "nurse" insert ", midwife".
20 17.9 In section 464ZA(6)(b) after "nurse," insert
"midwife,".
17.10 In section 464ZGB(3)(h) after "nurse" insert
", midwife".
17.11 Insert the following heading to section 464ZH--
25 "Immunity of medical practitioners, nurses,
midwives, dentists and other persons".
17.12 In section 464ZH--
(a) after "nurse" (where first occurring) insert
"or midwife";
30 (b) after "nurse," (wherever subsequently
occurring) insert "midwife,".
561421B.I-23/2/2010 42 BILL LA INTRODUCTION 23/2/2010
Statute Law Amendment (National Health Practitioner Regulation) Bill 2010
Sch.
18 Crimes (Mental Impairment and Unfitness to be
Tried) Act 1997
18.1 In section 3(1), for the definitions of registered
medical practitioner and registered psychologist
5 substitute--
"registered medical practitioner means a person
registered under the Health Practitioner
Regulation National Law to practise in the
medical profession (other than as a student);
10 registered psychologist means a person registered
under the Health Practitioner Regulation
National Law to practise in the psychology
profession (other than as a student);".
19 Disability Act 2006
15 19.1 In section 3(1) insert the following definition--
"registered medical practitioner means a person
registered under the Health Practitioner
Regulation National Law to practise in the
medical profession (other than as a
20 student);".
20 Electoral Act 2002
20.1 In section 3, for the definition of registered
medical practitioner substitute--
"registered medical practitioner means a person
25 registered under the Health Practitioner
Regulation National Law to practise in the
medical profession (other than as a
student);".
21 Emergency Services Superannuation Act 1986
30 21.1 In section 24(2), for "medical practitioner
registered under the Health Professions
Registration Act 2005" substitute "person
registered under the Health Practitioner
561421B.I-23/2/2010 43 BILL LA INTRODUCTION 23/2/2010
Statute Law Amendment (National Health Practitioner Regulation) Bill 2010
Sch.
Regulation National Law to practise in the
medical profession (other than as a student)".
22 Evidence (Miscellaneous Provisions) Act 1958
22.1 In section 32B(1), for the definition of registered
5 medical practitioner substitute--
"registered medical practitioner means a person
registered under the Health Practitioner
Regulation National Law to practise in the
medical profession (other than as a
10 student);".
22.2 In section 107A(1)--
(a) for paragraphs (p) and (q) substitute--
"(p) a person registered under the Health
Practitioner Regulation National Law to
15 practise in the medical profession
(other than as a student);
(q) a person registered under the Health
Practitioner Regulation National Law--
(i) to practise in the dental profession
20 as a dentist (other than as a
student); and
(ii) in the dentists division of that
profession;";
(b) for paragraph (s) substitute--
25 "(s) a person registered under the Health
Practitioner Regulation National Law to
practise in the pharmacy profession
(other than as a student);".
561421B.I-23/2/2010 44 BILL LA INTRODUCTION 23/2/2010
Statute Law Amendment (National Health Practitioner Regulation) Bill 2010
Sch.
23 Firearms Act 1996
23.1 In section 3(1)--
(a) for the definition of registered medical
practitioner substitute--
5 "registered medical practitioner means a
person registered under the Health
Practitioner Regulation National Law to
practise in the medical profession
(other than as a student);";
10 (b) for the definition of registered psychologist
substitute--
"registered psychologist means a person
registered under the Health Practitioner
Regulation National Law to practise in
15 the psychology profession (other than
as a student);".
23.2 In section 3(1) the definition of registered nurse
is repealed.
23.3 In section 3(1) insert the following definitions--
20 "midwife means a person registered under the
Health Practitioner Regulation National
Law--
(a) to practise in the nursing and midwifery
profession as a midwife (other than as a
25 student); and
(b) in the register of midwives kept for that
profession;
nurse means a person registered under the Health
Practitioner Regulation National Law to
30 practise in the nursing and midwifery
profession as a nurse (other than as a
midwife or as a student);".
23.4 In section 183(4)(c) for "registered nurse"
substitute "nurse or midwife".
561421B.I-23/2/2010 45 BILL LA INTRODUCTION 23/2/2010
Statute Law Amendment (National Health Practitioner Regulation) Bill 2010
Sch.
24 Food Act 1984
24.1 In section 4(1), for the definition of registered
medical practitioner substitute--
"registered medical practitioner means a person
5 registered under the Health Practitioner
Regulation National Law to practise in the
medical profession (other than as a
student);".
25 Freedom of Information Act 1982
10 25.1 In section 33(5), for "medical practitioner
registered under the Health Professions
Registration Act 2005" (where twice occurring)
substitute "person registered under the Health
Practitioner Regulation National Law to practise
15 in the medical profession (other than as a
student)".
26 Guardianship and Administration Act 1986
26.1 In section 3(1), for the definition of registered
practitioner substitute--
20 "registered practitioner means--
(a) a person registered under the Health
Practitioner Regulation National Law to
practise in the medical profession
(other than as a student); or
25 (b) a person registered under the Health
Practitioner Regulation National Law--
(i) to practise in the dental profession
as a dentist (other than as a
student); and
30 (ii) in the dentist division of that
profession;".
561421B.I-23/2/2010 46 BILL LA INTRODUCTION 23/2/2010
Statute Law Amendment (National Health Practitioner Regulation) Bill 2010
Sch.
27 Health Practitioners (Special Events Exemption)
Act 1999
27.1 In section 3, in the definition of health
registration Act, for "and includes any regulations
5 made under that Act" substitute "or the Health
Practitioner Regulation National Law and includes
any regulations made under those Acts".
27.2 In section 16(2), after "Health Professions
Registration Act 2005" insert "or the Health
10 Practitioner Regulation National Law".
28 Health Records Act 2001
28.1 In section 3(1), for the definition of registered
medical practitioner substitute--
"registered medical practitioner means a person
15 registered under the Health Practitioner
Regulation National Law to practise in the
medical profession (other than as a
student);".
28.2 In section 3(1) in paragraph (c) of the definition of
20 health service after "a pharmacist" insert
"registered under the Health Practitioner
Regulation National Law".
29 Health Services Act 1988
29.1 In section 3(1), for the definition of registered
25 medical practitioner substitute--
"registered medical practitioner means a person
registered under the Health Practitioner
Regulation National Law to practise in the
medical profession (other than as a
30 student);".
561421B.I-23/2/2010 47 BILL LA INTRODUCTION 23/2/2010
Statute Law Amendment (National Health Practitioner Regulation) Bill 2010
Sch.
30 Health Services (Conciliation and Review) Act 1987
30.1 For the Schedule substitute--
"__________________
SCHEDULE
5 (1) The Chinese Medicine Registration Board of
Victoria.
(2) Medical Radiation Practitioners Board of
Victoria.
(3) A National Board established under the
10 Health Practitioner Regulation National
Law.".
31 Human Tissue Act 1982
31.1 In section 3(1), for the definition of registered
medical practitioner substitute--
15 "registered medical practitioner means a person
registered under the Health Practitioner
Regulation National Law to practise in the
medical profession (other than as a
student);".
20 31.2 In section 3(1) insert the following definitions--
"midwife means a person registered under the
Health Practitioner Regulation National
Law--
(a) to practise in the nursing and midwifery
25 profession as a midwife (other than as a
student); and
(b) in the register of midwives kept for that
profession;
561421B.I-23/2/2010 48 BILL LA INTRODUCTION 23/2/2010
Statute Law Amendment (National Health Practitioner Regulation) Bill 2010
Sch.
nurse means 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
5 midwife or as a student);".
31.3 In section 18(2)(a)(iii) for "state enrolled nurse"
substitute "midwife".
31.4 In section 19(1)(a)(iii) for "state enrolled nurse"
substitute "midwife".
10 31.5 In section 42(3), for the definition of registered
dentist substitute--
"registered dentist means a person registered
under the Health Practitioner Regulation
National Law--
15 (a) to practise in the dental profession as a
dentist (other than as a student); and
(b) in the dentists division of that
profession.".
32 Juries Act 2000
20 32.1 In section 3(1), for the definitions of registered
medical practitioner and registered psychologist
substitute--
"registered medical practitioner means a person
registered under the Health Practitioner
25 Regulation National Law to practise in the
medical profession (other than as a student);
registered psychologist means a person registered
under the Health Practitioner Regulation
National Law to practise in the psychology
30 profession (other than as a student);".
561421B.I-23/2/2010 49 BILL LA INTRODUCTION 23/2/2010
Statute Law Amendment (National Health Practitioner Regulation) Bill 2010
Sch.
33 Legal Profession Act 2004
33.1 In section 2.5.2, for the definition of registered
medical practitioner substitute--
"registered medical practitioner means a person
5 registered under the Health Practitioner
Regulation National Law to practise in the
medical profession (other than as a
student);".
34 Liquor Control Reform Act 1998
10 34.1 For section 6(c) substitute--
"(c) to the supply or administration of liquor only
as medicine or for medical purposes by or
under the direction of--
(i) a person registered under the Health
15 Practitioner Regulation National Law to
practise in the medical profession
(other than as a student); or
(ii) person registered under the Health
Practitioner Regulation National Law to
20 practise in the pharmacy profession
(other than as a student); or".
35 Marine Act 1988
35.1 In section 3(1), for paragraph (a) of the definition
of approved health professional substitute--
25 "(a) a person registered under the Health
Practitioner Regulation National Law--
(i) to practise in the nursing and midwifery
profession as a nurse (other than as a
midwife or as a student); and
30 (ii) in the registered nurses division of that
profession;".
561421B.I-23/2/2010 50 BILL LA INTRODUCTION 23/2/2010
Statute Law Amendment (National Health Practitioner Regulation) Bill 2010
Sch.
35.2 In section 3(1), for the definition of registered
medical practitioner substitute--
"registered medical practitioner means a person
registered under the Health Practitioner
5 Regulation National Law to practise in the
medical profession (other than as a
student);".
36 Meat Industry Act 1993
36.1 In section 3(1), for the definition of registered
10 medical practitioner substitute--
"registered medical practitioner means a person
registered under the Health Practitioner
Regulation National Law to practise in the
medical profession (other than as a
15 student);".
37 Medical Treatment Act 1988
37.1 In section 3, for the definition of registered
medical practitioner substitute--
"registered medical practitioner means a person
20 registered under the Health Practitioner
Regulation National Law to practise in the
medical profession (other than as a
student);".
38 Mental Health Act 1986
25 38.1 In section 3(1), for the definitions of registered
medical practitioner and registered nurse
substitute--
"registered medical practitioner means a person
registered under the Health Practitioner
30 Regulation National Law to practise in the
medical profession (other than as a student);
561421B.I-23/2/2010 51 BILL LA INTRODUCTION 23/2/2010
Statute Law Amendment (National Health Practitioner Regulation) Bill 2010
Sch.
registered nurse means a person registered under
the Health Practitioner Regulation National
Law--
(a) to practise in the nursing and midwifery
5 profession as a nurse (other than as a
midwife or as a student); and
(b) in the registered nurses division of that
profession;".
39 Occupational Health and Safety Act 2004
10 39.1 In section 37(4), for the definition of medical
treatment substitute--
"medical treatment means treatment by a person
registered under the Health Practitioner
Regulation National Law to practise in the
15 medical profession (other than as a
student);".
40 Parliamentary Salaries and Superannuation
Act 1968
40.1 In section 17(1), for "medical practitioner
20 registered under the Health Professions
Registration Act 2005" substitute "person
registered under the Health Practitioner
Regulation National Law to practise in the
medical profession (other than as a student)".
25 41 Police Integrity Act 2008
41.1 In section 30, for the definition of registered
medical practitioner substitute--
"registered medical practitioner means a person
registered under the Health Practitioner
30 Regulation National Law to practise in the
medical profession (other than as a
student);".
561421B.I-23/2/2010 52 BILL LA INTRODUCTION 23/2/2010
Statute Law Amendment (National Health Practitioner Regulation) Bill 2010
Sch.
42 Police Regulation Act 1958
42.1 In section 7(1), for "medical practitioners
registered under the Health Professions
Registration Act 2005" substitute "persons
5 registered under the Health Practitioner
Regulation National Law to practise in the
medical profession (other than as a student)".
42.2 In section 16B(2), for "medical practitioner
registered under the Health Professions
10 Registration Act 2005" substitute "person
registered under the Health Practitioner
Regulation National Law to practise in the
medical profession (other than as a student)".
42.3 In section 64B(2), in the definition of disability,
15 for "medical practitioners registered under the
Health Professions Registration Act 2005"
substitute "persons registered under the Health
Practitioner Regulation National Law to practise
in the medical profession (other than as a
20 student)".
42.4 In section 85A, for the definition of registered
medical practitioner substitute--
"registered medical practitioner means a person
registered under the Health Practitioner
25 Regulation National Law to practise in the
medical profession (other than as a
student);".
43 Professional Boxing and Combat Sports Act 1985
43.1 In section 5, for the definition of medical
30 practitioner substitute--
"medical practitioner means a person registered
under the Health Practitioner Regulation
National Law to practise in the medical
profession (other than as a student);".
561421B.I-23/2/2010 53 BILL LA INTRODUCTION 23/2/2010
Statute Law Amendment (National Health Practitioner Regulation) Bill 2010
Sch.
44 Public Health and Wellbeing Act 2008
44.1 In section 3(1)--
(a) for the definition of midwife substitute--
"midwife means a person registered under
5 the Health Practitioner Regulation
National Law--
(a) to practise in the nursing and
midwifery profession as a midwife
(other than as a student); and
10 (b) in the register of midwives kept
for that profession;";
(b) the definition of registered nurse is
repealed;
(c) insert the following definition--
15 "nurse means 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 midwife or as a student);";
20 (d) for the definitions of registered health
practitioner and registered medical
practitioner substitute--
"registered health practitioner means--
(a) a registered health practitioner
25 within the meaning of the Health
Professions Registration Act
2005;
(b) a person registered under the
Health Practitioner Regulation
30 National Law to practise a health
profession other than as a student;
561421B.I-23/2/2010 54 BILL LA INTRODUCTION 23/2/2010
Statute Law Amendment (National Health Practitioner Regulation) Bill 2010
Sch.
registered medical practitioner means a
person registered under the Health
Practitioner Regulation National Law to
practise in the medical profession
5 (other than as a student);";
(e) for the definition of registered pharmacist
substitute--
"registered pharmacist means a person
registered under the Health Practitioner
10 Regulation National Law to practise in
the pharmacy profession (other than as
a student);".
44.2 In section 3(1) for the definition of surgical or
medical procedure for "registered nurse" (where
15 twice occurring) substitute "nurse or midwife".
44.3 For section 41(1)(a) substitute--
"(a) a National Board established under Part 5 of
the Health Practitioner Regulation National
Law;".
20 44.4 For section 134(10)(c) and (d) substitute--
"(c) a person registered under the Health
Practitioner Regulation National Law--
(i) to practise in the dental profession as a
dentist (other than as a student); and
25 (ii) in the dentists division of that
profession;
(ca) a nurse or a midwife;
(d) a student who is registered under the Health
Practitioner Regulation National Law by the
30 Medical Board of Australia, the Dental
Board of Australia or the Nursing and
Midwifery Board of Australia;".
561421B.I-23/2/2010 55 BILL LA INTRODUCTION 23/2/2010
Statute Law Amendment (National Health Practitioner Regulation) Bill 2010
Sch.
44.5 In Table 1 of the Schedule, in columns 1 and 3 of
item 3, for "registered nurse" (wherever
occurring) substitute "nurse, midwife".
45 Radiation Act 2005
5 45.1 In section 44(2), for paragraph (a) of the definition
of relevant practitioner registration board
substitute--
"(a) registered--
(i) as a health practitioner by a responsible
10 board under the Health Professions
Registration Act 2005--the
responsible board that registered that
person;
(ii) to practise a health profession other
15 than as a student by a National Board
under the Health Practitioner
Regulation National Law--the National
Board that registered that person;".
45.2 In section 60--
20 (a) in subsection (2)(a), after "registration
board" insert "or National Board";
(b) in subsection (5), for paragraph (a) of the
definition of relevant practitioner
registration board substitute--
25 "(a) registered--
(i) as a health practitioner by a
responsible board under the
Health Professions Registration
Act 2005--the responsible board
30 that registered that person;
561421B.I-23/2/2010 56 BILL LA INTRODUCTION 23/2/2010
Statute Law Amendment (National Health Practitioner Regulation) Bill 2010
Sch.
(ii) to practise a health profession
other than as a student by a
National Board under the Health
Practitioner Regulation National
5 Law--the National Board that
registered that person;".
45.3 In section 136(1)(b), after "2005" insert ", a
National Board established under Part 5 of the
Health Practitioner Regulation National Law".
10 46 Rail Safety Act 2006
46.1 In section 3(1) for paragraph (a) of the definition
of approved health professional substitute--
"(a) a person registered under the Health
Practitioner Regulation National Law--
15 (i) to practise in the nursing and midwifery
profession as a nurse (other than as a
midwife or as a student); and
(ii) in the registered nurses division of that
profession;".
20 46.2 In section 3(1) for the definition of registered
medical practitioner substitute--
"registered medical practitioner means a person
registered under the Health Practitioner
Regulation National Law to practise in the
25 medical profession (other than as a
student);".
47 Retirement Villages Act 1986
47.1 In section 16(5)(b), for "medical practitioners
registered under the Health Professions
30 Registration Act 2005" substitute "persons
registered under the Health Practitioner
Regulation National Law to practise in the
medical profession (other than as a student)".
561421B.I-23/2/2010 57 BILL LA INTRODUCTION 23/2/2010
Statute Law Amendment (National Health Practitioner Regulation) Bill 2010
Sch.
48 Road Safety Act 1986
48.1 In section 3(1) for paragraph (a) of the definition
of approved health professional substitute--
"(a) a person registered under the Health
5 Practitioner Regulation National Law--
(i) to practise in the nursing and midwifery
profession as a nurse (other than as a
midwife or as a student); and
(ii) in the registered nurses division of that
10 profession;".
48.2 In section 3(1)--
(a) for the definition of dentist substitute--
"dentist means a person registered under the
Health Practitioner Regulation National
15 Law--
(a) to practise in the dental profession
(other than as a student); and
(b) in the dentists division of that
profession;";
20 (b) for the definition of pharmacist substitute--
"pharmacist means a person registered under
the Health Practitioner Regulation
National Law to practise in the
pharmacy profession (other than as a
25 student);";
(c) for the definition of registered medical
practitioner substitute--
"registered medical practitioner means a
person registered under the Health
30 Practitioner Regulation National Law to
practise in the medical profession
(other than as a student);".
561421B.I-23/2/2010 58 BILL LA INTRODUCTION 23/2/2010
Statute Law Amendment (National Health Practitioner Regulation) Bill 2010
Sch.
49 Sentencing Act 1991
49.1 In section 18ZY(4)(a), for "medical practitioner
registered under the Health Professions
Registration Act 2005" substitute "person
5 registered under the Health Practitioner
Regulation National Law to practise in the
medical profession (other than as a student)".
49.2 In section 95BA(2)--
(a) for the definition of dentist substitute--
10 "dentist means--
(a) a person registered or qualified to
be registered under the Health
Practitioner Regulation National
Law--
15 (i) to practise in the dentistry
profession (other than as a
student) and;
(ii) in the dentists division of
that profession; or
20 (b) a person entitled to practise
dentistry in a place out of
Australia under an enactment of
that place corresponding to the
Health Practitioner Regulation
25 National Law, whether or not the
person does so practise;";
(b) for the definition of medical practitioner
substitute--
"medical practitioner means--
30 (a) a person registered or qualified to
be registered under the Health
Practitioner Regulation National
Law to practise in the medical
561421B.I-23/2/2010 59 BILL LA INTRODUCTION 23/2/2010
Statute Law Amendment (National Health Practitioner Regulation) Bill 2010
Sch.
profession (other than as a
student); or
(b) a person entitled to practise
medicine in a place out of
5 Australia under an enactment of
that place corresponding to the
Health Practitioner Regulation
National Law, whether or not the
person does so practise;";
10 (c) for the definition of psychologist
substitute--
"psychologist means--
(a) a person registered or qualified to
be registered under the Health
15 Practitioner Regulation National
Law to practise in the psychology
profession (other than as a
student); or
(b) a person who is qualified or
20 registered to practise psychology
in a place outside Australia.".
50 Serious Sex Offenders (Detention and Supervision)
Act 2009
50.1 In section 3, for the definition of psychologist
25 substitute--
"psychologist means--
(a) a person registered or qualified to be
registered under the Health Practitioner
Regulation National Law to practise in
30 the psychology profession (other than
as a student); or
(b) a person who is qualified or registered
to practise psychology in a place
outside Australia;".
561421B.I-23/2/2010 60 BILL LA INTRODUCTION 23/2/2010
Statute Law Amendment (National Health Practitioner Regulation) Bill 2010
Sch.
50.2 In section 3, insert the following definition--
"nurse means a person registered under the Health
Practitioner Regulation National Law to
practise in the nursing and midwifery
5 profession as a nurse (other than as a
midwife or as a student);".
51 State Employees Retirement Benefits Act 1979
51.1 In section 2(1), for the definition of registered
medical practitioner substitute--
10 "registered medical practitioner means a person
registered under the Health Practitioner
Regulation National Law to practise in the
medical profession (other than as a
student);".
15 52 State Superannuation Act 1988
52.1 In section 3(1), for the definition of registered
medical practitioner substitute--
"registered medical practitioner means a person
registered under the Health Practitioner
20 Regulation National Law to practise in the
medical profession (other than as a
student);".
53 Status of Children Act 1974
53.1 In section 24(4), for "medical practitioners
25 registered under the Health Professions
Registration Act 2005" substitute "persons
registered under the Health Practitioner
Regulation National Law to practise in the
medical profession (other than as a student)".
30 54 Summary Offences Act 1966
54.1 In section 42(2), for "medical practitioner
registered under the Health Professions
Registration Act 2005" substitute "person
registered under the Health Practitioner
561421B.I-23/2/2010 61 BILL LA INTRODUCTION 23/2/2010
Statute Law Amendment (National Health Practitioner Regulation) Bill 2010
Sch.
Regulation National Law to practise in the
medical profession (other than as a student)".
54.2 In section 43(1) for the definitions of registered
health practitioner, registered student and
5 regulated health service substitute--
"registered health practitioner means--
(a) a registered health practitioner within
the meaning of the Health Professions
Registration Act 2005;
10 (b) a person registered under the Health
Practitioner Regulation National Law to
practise a health profession;
registered student means a person registered
under the Health Practitioner Regulation
15 National Law to practise a health profession
as a student or a registered student within the
meaning of the Health Professions
Registration Act 2005;
regulated health service means a health
20 profession that is regulated by a responsible
board under the Health Professions
Registration Act 2005 or a National Board
under the Health Practitioner Regulation
National Law.".
25 55 Therapeutic Goods (Victoria) Act 1994
55.1 In section 3 insert the following definitions--
"dentist means a person registered under the
Health Practitioner Regulation National
Law--
30 (a) to practise in the dental profession as a
dentist (other than as a student); and
(b) in the dentists division of that
profession;
561421B.I-23/2/2010 62 BILL LA INTRODUCTION 23/2/2010
Statute Law Amendment (National Health Practitioner Regulation) Bill 2010
Sch.
pharmacist means a person registered under the
Health Practitioner Regulation National Law
to practise in the pharmacy profession (other
than as a student);
5 registered medical practitioner means a person
registered under the Health Practitioner
Regulation National Law to practise in the
medical profession (other than as a
student);".
10 56 Transport Accident Act 1986
56.1 In section 3(1)--
(a) in the definition of medical practitioner for
"medical practitioner registered under the
Health Professions Registration Act 2005"
15 substitute "person registered under the
Health Practitioner Regulation National Law
to practise in the medical profession (other
than as a student)";
(b) for paragraph (ba) of the definition of
20 medical service substitute--
"(ba) the provision of acupuncture by a
person--
(i) registered as an acupuncturist
under the Health Practitioner
25 Regulation National Law; or
(ii) whose registration is endorsed to
practise acupuncture under that
Law; or
(iii) registered as a Chinese medicine
30 practitioner under the Health
Professions Registration Act
2005; and";
561421B.I-23/2/2010 63 BILL LA INTRODUCTION 23/2/2010
Statute Law Amendment (National Health Practitioner Regulation) Bill 2010
Sch.
(c) insert the following definitions--
"midwife means a person registered under
the Health Practitioner Regulation
National Law--
5 (a) to practise in the nursing and
midwifery profession as a midwife
(other than as a student); and
(b) in the register of midwives kept
for that profession;
10 nurse means 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 midwife or as a student);".
15 56.2 In section 3(1) for the definition of nursing
service substitute--
"nursing service means a nursing or midwifery
service rendered by a nurse or midwife,
otherwise than at a hospital or as a member
20 of the nursing staff of a hospital;".
56.3 In section 3(1), for the definition of registered
psychologist substitute--
"registered psychologist means a person
registered under the Health Practitioner
25 Regulation National Law to practise in the
psychology profession (other than as a
student);".
56.4 In section 134, for the definition of registered
medical practitioner substitute--
30 "registered medical practitioner means a person
registered under the Health Practitioner
Regulation National Law to practise in the
medical profession (other than as a
student);".
561421B.I-23/2/2010 64 BILL LA INTRODUCTION 23/2/2010
Statute Law Amendment (National Health Practitioner Regulation) Bill 2010
Sch.
57 Transport Superannuation Act 1988
57.1 In section 3(1), for the definition of registered
medical practitioner substitute--
"registered medical practitioner means a person
5 registered under the Health Practitioner
Regulation National Law to practise in the
medical profession (other than as a
student);".
58 Veterinary Practice Act 1997
10 58.1 In section 3, for the definition of registered
medical practitioner substitute--
"registered medical practitioner means a person
registered under the Health Practitioner
Regulation National Law to practise in the
15 medical profession (other than as a
student);".
58.2 In section 27(5), for paragraphs (b) to (e)
substitute--
"(b) a person registered under the Health
20 Practitioner Regulation National Law to
practise in the psychology profession (other
than as a student); or
(c) a person registered under the Health
Practitioner Regulation National Law to
25 practise in the physiotherapy profession
(other than as a student); or
(d) a person registered under the Health
Practitioner Regulation National Law to
practise in the osteopathy profession (other
30 than as a student); or
(e) a person registered under the Health
Practitioner Regulation National Law to
practise in the chiropractic profession (other
than as a student.".
561421B.I-23/2/2010 65 BILL LA INTRODUCTION 23/2/2010
Statute Law Amendment (National Health Practitioner Regulation) Bill 2010
Sch.
59 Victorian Institute of Forensic Medicine Act 1985
59.1 In section 3(1), for the definition of doctor
substitute--
"doctor means a person who is registered under
5 the Health Practitioner Regulation National
Law to practise in the medical profession
(other than as a student);".
60 Workers Compensation Act 1958
60.1 In section 3(1) insert the following definitions--
10 "midwife means a person registered under the
Health Practitioner Regulation National
Law--
(a) to practise in the nursing and midwifery
profession as a midwife (other than as a
15 student); and
(b) in the register of midwives kept for that
profession;
nurse means a person registered under the Health
Practitioner Regulation National Law to
20 practise in the nursing and midwifery
profession as a nurse (other than as a
midwife or as a student);
registered chiropractor means a person registered
under the Health Practitioner Regulation
25 National Law to practise in the chiropractic
profession (other than as a student);
registered dentist means a person registered under
the Health Practitioner Regulation National
Law--
30 (a) to practise in the dental profession as a
dentist (other than as a student); and
(b) in the dentists division of that
profession;
561421B.I-23/2/2010 66 BILL LA INTRODUCTION 23/2/2010
Statute Law Amendment (National Health Practitioner Regulation) Bill 2010
Sch.
registered optometrist means a person registered
under the Health Practitioner Regulation
National Law to practise in the optometry
profession (other than as a student);
5 registered osteopath means a person registered as
under the Health Practitioner Regulation
National Law to practise in the osteopathy
profession (other than as a student);
registered physiotherapist means a person
10 registered as a physiotherapist under the
Health Practitioner Regulation National
Law;
registered podiatrist means a person registered
under the Health Practitioner Regulation
15 National Law to practise in the podiatry
profession (other than as a student);".
60.2 In section 3(1), for the definition of registered
medical practitioner substitute--
"registered medical practitioner means a person
20 registered under the Health Practitioner
Regulation National Law to practise in the
medical profession (other than as a
student);".
60.3 For section 26(2)(e) substitute--
25 "(e) nursing service means a nursing or
midwifery service rendered by a nurse or
midwife, otherwise than at a hospital or as a
member of the nursing staff of a hospital;".
61 Working with Children Act 2005
30 61.1 In section 3 for the definition of registered
medical practitioner substitute--
"registered medical practitioner means a person
registered under the Health Practitioner
Regulation National Law to practise in the
561421B.I-23/2/2010 67 BILL LA INTRODUCTION 23/2/2010
Statute Law Amendment (National Health Practitioner Regulation) Bill 2010
Sch.
medical profession (other than as a
student);".
62 Wrongs Act 1958
62.1 In section 28LB, in the definition of medical
5 practitioner, for "medical practitioner registered
under the Health Professions Registration Act
2005" substitute "person registered under the
Health Practitioner Regulation National Law to
practise in the medical profession (other than as a
10 student)".
62.2 In section 28LB, for the definition of registered
health practitioner substitute--
"registered health practitioner means--
(a) a medical practitioner; or
15 (b) a person registered under the Health
Practitioner Regulation National Law--
(i) to practise in the dental profession
as a dentist (other than as a
student); and
20 (ii) in the dentists division of that
profession; or
(c) a person registered under the Health
Practitioner Regulation National Law to
practise in the chiropractic profession
25 (other than as a student); or
(d) a person registered under the Health
Practitioner Regulation National Law to
practise in the optometry profession
(other than as a student); or
30 (e) a person registered under the Health
Practitioner Regulation National Law to
practise in the osteopathy profession
(other than as a student); or
561421B.I-23/2/2010 68 BILL LA INTRODUCTION 23/2/2010
Statute Law Amendment (National Health Practitioner Regulation) Bill 2010
Sch.
(f) a person registered under the Health
Practitioner Regulation National Law to
practise in the physiotherapy profession
(other than as a student); or
5 (g) a person registered under the Health
Practitioner Regulation National Law to
practise in the podiatry profession
(other than as a student); or
(h) a person registered under the Health
10 Practitioner Regulation National Law to
practise in the psychology profession
(other than as a student); or
(i) a Chinese medicine practitioner
registered under the Health
15 Professions Registration Act 2005;".
561421B.I-23/2/2010 69 BILL LA INTRODUCTION 23/2/2010
Statute Law Amendment (National Health Practitioner Regulation) Bill 2010
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561421B.I-23/2/2010 70 BILL LA INTRODUCTION 23/2/2010
[Index] [Search] [Download] [Related Items] [Help]