Health Professions Registration (Repeal) Act 2012

Health Professions Registration (Repeal) Act 2012

No. 27 of 2012

table of provisions

SectionPage

Part 1—Preliminary

1Purposes

2Commencement

Part 2—Repeal of Health Professions Registration Act 2005 and Transitional
Provisions

3Repeal of Health Professions Registration Act 2005

4Abolition of Boards

5Reports

Part 3—Consequential Amendments

Division 1—Amendment of the Abortion Law Reform Act 2008

6Definitions

Division 2—Amendment of the Accident Compensation Act 1985

7Findings of relevant bodies

8Schedule 6

Division 3—Amendment of the Drugs, Poisons and Controlled Substances Act 1981

9Definitions

10Act not to derogate from provisions of certain other Acts

11The Poisons List

12Persons authorized to have possession etc. of poisons or controlled substances

13Restrictions on authorisations for certain health practitioners

14Minister to approve scope of prescribing rights or supply of poisons

15Offences concerning labelling and other matters

16Construction of section 129

Division 4—Amendment of the Education and Training Reform
Act 2006

17Definitions

18Findings and determinations of medical panel hearing

Division 5—Amendment of the Health Practitioners (Special EventsExemption) Act 1999

19Definitions

20Pharmacists exempt from certain offences

Division 6—Amendment of the Health Services (Conciliation and Review) Act 1987

21Schedule

Division 7—Amendment of the Public Health and Wellbeing
Act 2008

22Definitions

Division 8—Amendment of the Radiation Act 2005

23Further considerations in relation to use licence applications

24Suspension or cancellation

25Disclosure of information to other agencies

Division 9—Amendment of the Summary Offences Act 1966

26Definitions

Division 10—Amendment of the Transport Accident Act 1986

27Definitions

Division 11—Amendment of the Victorian Civil and
Administrative Tribunal Act 1998

28Schedule 1

Division 12—Amendment of the Working with Children Act 2005

29Category 3 application

Division 13—Amendment of the Wrongs Act 1958

30Definitions

Part 4—Repeal of Act

31Repeal of Act

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Endnotes

SectionPage

Victoria

SectionPage

Health Professions Registration (Repeal) Act 2012[†]

No. 27 of 2012

[Assented to 29 May 2012]

Health Professions Registration (Repeal) Act 2012
No. 27 of 2012

The Parliament of Victoriaenacts:

Part 4—Repeal of Act

Health Professions Registration (Repeal) Act 2012
No. 27 of 2012

Part 1—Preliminary

1Purposes

The main purposes of this Act are—

(a)to repeal the Health Professions Registration Act 2005 due to the regulation of Chinese medicine practitioners and medical radiation practitioners under the Health Practitioner Regulation National Law;

(b)to make minor and consequential amendments to other Acts.

2Commencement

s. 2

This Act comes into operation on 1 July 2012.

______

Part 2—Repeal of Health Professions Registration Act 2005 and Transitional Provisions

3Repeal of Health Professions Registration Act 2005

s. 3

See:
Act No. 97/2005. Reprint No.1 as at
1 September 2007 and amending
Act Nos 46/2008, 64/2008, 79/2008, 68/2009, 69/2009, 13/2010, 39/2010, 43/2010 and 29/2011. LawToday: www. legislation. vic.gov.au

The Health Professions Registration Act 2005 is repealed.

4Abolition of Boards

(1)On 1 July 2012 the following responsible boards within the meaning of the Health Professions Registration Act 2005 are abolished—

(a)the Chinese Medicine Registration Board of Victoria;

(b)the Medical Radiation Practitioners Board of Victoria.

(2)On the abolition of a board under subsection (1) its members go out of office.

5Reports

(1)Despite section 4, the report of operations and financial statements of a board abolished under section 4(1) for a period of time prior to the financial year ending 30 June 2012 must be prepared under the Financial Management Act 1994.

(2)For the purposes of subsection (1)—

(a)the board continues in operation as if the board were a responsible board within the meaning of the Health Professions Registration Act 2005; and

s. 5

(b)that board had not been abolished.

______

Part 3—Consequential Amendments

Division 1—Amendment of the Abortion Law Reform Act2008

6Definitions

See:
Act No. 58/2008
andamending
Act Nos 58/2008 and 13/2010. LawToday: www. legislation. vic.gov.au

s. 6

(1)In section 3 of the Abortion Law Reform Act 2008, for the definition of registered health practitionersubstitute—

"registered health practitioner means a person registered under the Health Practitioner Regulation National Law to practise a health profession (other than as a student);".

(2)In section 3 of the Abortion Law Reform Act 2008, for the definition of regulated health professionsubstitute—

"regulated health profession means a health profession within the meaning of the Health Practitioner Regulation National Law;".

Division 2—Amendment of the Accident Compensation Act1985

7Findings of relevant bodies

See:
Act No.
10191.
Reprint No. 18 as at
1 July 2011 and amending
Act Nos 107/1997, 80/2010 and 76/2011. LawToday: www. legislation. vic.gov.au

In section 249BA(4) of the Accident Compensation Act 1985, in the definition of relevant body for paragraph (a) substitute—

"(a)a National Board within the meaning of the Health Practitioner Regulation National Law;".

8Schedule 6

s. 8

In Schedule 6 to the Accident Compensation Act 1985, for item 17 substitute—

"17.A National Board within the meaning of the Health Practitioner Regulation National Law.".

Division 3—Amendment of the Drugs, Poisons and Controlled Substances Act 1981

9Definitions

See:
Act No. 9719.
Reprint No. 9
as at
1 July 2010 and amending
Act Nos 39/2010, 43/2010, 64/2010, 29/2011, 41/2011, 43/2011and 51/2011. LawToday: www. legislation. vic.gov.au

In section 4(1) of the Drugs, Poisons and Controlled Substances Act 1981—

(a)for the definition of registered Chinese herbal dispensersubstitute—

"registered Chinese herbal dispenser means a person registered under the Health Practitioner Regulation National Law to practise in the Chinese medicine profession in the division of Chinese herbal dispenser;";

(b)for the definition of registered Chinese medicine practitionersubstitute—

"registered Chinese medicine practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the Chinese medicine profession in the division of Chinese herbal medicine practitioner;".

10Act not to derogate from provisions of certain other Acts

s. 10

In section 7 of the Drugs, Poisons and Controlled Substances Act 1981omit "HealthProfessions Registration Act 2005,".

11The Poisons List

In section 12A(1)(a) of the Drugs, Poisons and Controlled Substances Act 1981, for "Registration Board of Victoria under the Health Professions Registration Act 2005" substitute "Board of Australia under the Health Practitioner Regulation National Law".

12Persons authorized to have possession etc. of poisons or controlled substances

(1)In section 13(1)(d) of the Drugs, Poisons and Controlled Substances Act 1981, for "the Health Professions Registration Act 2005" substitute "section 94 of the Health Practitioner Regulation National Law".

(2)In section 13(1)(e) of the Drugs, Poisons and Controlled Substances Act 1981, for "the Health Professions Registration Act 2005" substitute "section 94 of the Health Practitioner Regulation National Law".

(3)In section 13(3A) of the Drugs, Poisons and Controlled Substances Act 1981, for "the Health Professions Registration Act 2005" substitute "section 94 of the Health Practitioner Regulation National Law".

(4)In section 13(5) of the Drugs, Poisons and Controlled Substances Act 1981, for "registered as a" substitute "a registered".

(5)In section 13(5) of the Drugs, Poisons and Controlled Substances Act 1981, after "Chinese medicine practitioner or" insert "registered".

13Restrictions on authorisations for certain health practitioners

s. 13

In section 14(2) of the Drugs, Poisons and Controlled Substances Act 1981, for "Registration Board of Victoria continued in operation under the Health Professions Registration Act 2005" substitute "Board of Australia acting under the Health Practitioner Regulation National Law".

14Minister to approve scope of prescribing rights or supply of poisons

In section 14A(3) of the Drugs, Poisons and Controlled Substances Act 1981omit "aresponsible board continued or established under the Health Professions Registration Act 2005 or".

15Offences concerning labelling and other matters

In section 27A(4) of the Drugs, Poisons and Controlled Substances Act 1981, for "Health Professions Registration Act 2005" substitute "Health Practitioner Regulation National Law".

16Construction of section 129

Section 130(b) of the Drugs, Poisons and Controlled Substances Act 1981 is repealed.

Division 4—Amendment of the Education and Training Reform Act 2006

17Definitions

See:
Act No. 24/2006.
Reprint No. 2
as at
6 May 2010 and amending
Act Nos 27/2010, 28/2010, 39/2010, 71/2010, 11/2011, 61/2011 and 76/2011. LawToday: www. legislation. vic.gov.au

s. 17

In section 2.6.35A of the Education and Training Reform Act 2006, for the definition of registered health practitionersubstitute—

"registered health practitioner means a person registered under the Health Practitioner Regulation National Law to practise a health profession other than as a student;".

18Findings and determinations of medical panel hearing

In section 2.6.41E(3)(d) of the Education and Training Reform Act 2006omit "a health practitioner registered under the Health Professions Registration Act 2005 or".

Division 5—Amendment of the Health Practitioners (Special Events Exemption) Act 1999

19Definitions

See:
Act No. 51/1999.
Reprint No.1
as at
19 May 2011.
LawToday: www. legislation. vic.gov.au

In section 3 of the Health Practitioners (Special Events Exemption) Act 1999, for the definition of health registration Actsubstitute—

"health registration Act means the Health Practitioner Regulation National Law and includes any regulations made under that Act;".

20Pharmacists exempt from certain offences

s. 20

In section 16(2) of the Health Practitioners (Special Events Exemption) Act 1999omit "theHealth Professions Registration Act 2005 or".

Division 6—Amendment of the Health Services (Conciliation and Review) Act 1987

21Schedule

See:
Act No. 25/1987.
Reprint No. 5
as at
19 May 2011. LawToday: www. legislation. vic.gov.au

For the Schedule to the Health Services (Conciliation and Review) Act 1987 substitute—

"SCHEDULE

1.A National Board established under the Health Practitioner Regulation National Law.".

Division 7—Amendment of the Public Health and Wellbeing Act 2008

22Definitions

See:
Act No. 46/2008.
Reprint No. 1
as at
1 July 2011 and amending ActNos 56/2011 and 80/2011.
LawToday: www. legislation. vic.gov.au

In section 3(1) of the Public Health and Wellbeing Act 2008, for the definition of registered health practitionersubstitute—

"registered health practitioner means a person registered under the Health Practitioner Regulation National Law to practise a health profession other than as a student;".

Division 8—Amendment of the Radiation Act 2005

23Further considerations in relation to use licence applications

See:
Act No. 62/2005.
Reprint No. 1
as at
14 February 2008
and amending ActNos 46/2008, 66/2008, 68/2009, 13/2010, 24/2010, 29/2010 and 29/2011. LawToday: www. legislation. vic.gov.au

s. 23

In section 44(2) of the Radiation Act 2005, in the definition of relevant practitioner registration board for paragraph (a) substitute—

"(a)registered to practise a health profession other than as a student by a National Board under the Health Practitioner Regulation National Law—the National Board that registered that person;".

24Suspension or cancellation

In section 60(5) of the Radiation Act 2005, in the definition of relevant practitioner registration board for paragraph (a) substitute—

"(a)registered to practise a health profession other than as a student by a National Board under the Health Practitioner Regulation National Law—the National Board that registered that person;".

25Disclosure of information to other agencies

In section 136(1)(b) of the Radiation Act 2005omit "a responsible board established or continued in operation under the Health Professions Registration Act 2005,".

Division 9—Amendment of the Summary Offences Act 1966

26Definitions

See:
Act No. 7405.
Reprint No. 10
as at
1 January 2009
and amending ActNos 1/2009,
7/2009, 68/2009, 92/2009, 13/2010, 18/2010, 29/2010, 63/2010, 12/2011, 27/2011, 29/2011, 43/2011, 58/2011, 80/2011 and 5/2012. LawToday: www. legislation. vic.gov.au

s. 26

(1)In section 43(1) of the Summary Offences Act 1966, for the definition of registered health practitionersubstitute—

"registered health practitioner means a person registered under the Health Practitioner Regulation National Law to practise a health profession;".

(2)In section 43(1) of the Summary Offences Act 1966for the definition of registered studentsubstitute—

"registered student means a person whose name is entered in a student register for a health profession kept by a National Board under the Health Practitioner Regulation National Law;".

(3)In section 43(1) of the Summary Offences Act 1966, in the definition of regulated health serviceomit "a responsible board under the Health Professions Registration Act 2005 or".

Division 10—Amendment of the Transport Accident Act1986

27Definitions

See:
Act No.
111/1986.
Reprint No. 12 as at
1 July 2011 and amending ActNo. 49/2010.
LawToday: www. legislation. vic.gov.au

In section 3(1) of the Transport Accident Act 1986, in the definition of medical service for paragraph (ba)substitute—

"(ba) the provision of acupuncture by a person—

(i) registeredas a Chinese medicine practitioner in the Division of Acupuncturists under the Health Practitioner Regulation National Law; or

(ii)whose registration is endorsed under section 97 of the Health Practitioner Regulation National Law as being qualified to practise as an acupuncturist; and".

Division 11—Amendment of the Victorian Civil and Administrative Tribunal Act 1998

28Schedule 1

See:
Act No. 53/1998.
Reprint No. 7
as at
1 January 2011
and amending ActNos 11/2010, 16/2010, 74/2010 and 6/2012.
LawToday: www. legislation. vic.gov.au

s. 28

In clause 11A in Part 5A of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998after "Health Professions Registration Act 2005" insert "as in force immediately before its repeal".

Division 12—Amendment of the Working with Children Act2005

29Category 3 application

See:
Act No.
57/2005.
Reprint No. 3
as at
1 August 2011
and amending
Act Nos
51/2010, 34/2011, 65/2011 and 80/2011.
LawToday:
www.
legislation.
vic.gov.au

In section 14(1)(a) of the Working with Children Act 2005—

(a)in subparagraph (ii) after "Health Professions Registration Act 2005" insert "as in force immediately before its repeal";

(b)after subparagraph (ii) insert—

"(iii) a determination under section 196(2)(d) or (e) or section 197(2)(b) of the Health Practitioner Regulation National Lawby VCATor by another responsible tribunal within the meaning of that Law; or".

Division 13—Amendment of the Wrongs Act 1958

30Definitions

See:
Act No. 6420.
Reprint No. 10
as at
1 December 2009
and amending
Act Nos 7/2009, 68/2009, 69/2009, 13/2010, 16/2010, 72/2010, 80/2010 and 79/2011. LawToday: www. legislation. vic.gov.au

s. 30

(1)In section 28LB of the Wrongs Act 1958, in the definition of registered health practitioner after paragraph (c) insert—

"(ca)a person registered under the Health Practitioner Regulation National Law to practise in the occupational therapy profession (other than as a student); or".

(2)In section 28LB of the Wrongs Act 1958, in the definition of registered health practitioner for paragraph (i) substitute—

"(i)a person registered under the Health Practitioner Regulation National Law to practise in the Chinese medicine profession—

(i) in the Division of Chinese herbal medicine practitioner; or

(ii)in the Division of Acupuncturists;".

______

Part 4—Repeal of Act

31Repeal of Act

s. 31

This Act is repealed on 1 July 2013.

Note

The repeal of this Act does not affect the continuing operation of the repeal or the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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Health Professions Registration (Repeal) Act 2012
No. 27 of 2012

Endnotes

[†] Minister's second reading speech—

Legislative Assembly: 28 March 2012

Legislative Council: 19 April 2012

The long title for the Bill for this Act was "A Bill for an Act to repeal the Health Professions Registration Act 2005, to make related and consequential amendments to other Acts and for other purposes."