2003
2003
2004-07-06
act
government
publicspecial
act.reprint
allinforce
2003-04-30
2003-04-30
0
2004-07-06
act-2004-055
2003
none
act-2003-052
e01ca1c1-40a0-42ac-a406-19b458814fd6
5e9c40e0-bbd2-4648-bf7b-cd8be240ef36
Note—
The Act was repealed by the Statute Law (Miscellaneous Provisions) Act 2004
No 55, Sch 3 with effect from 6.7.2004.
An Act to make miscellaneous amendments to
various Acts relating to health and associated matters; and for other
purposes.
1Name of
Act
This Act is the Health
Legislation Amendment Act 2003.
2Commencement
This Act commences on a day or days to be
appointed by proclamation.
3Amendment of various
Acts
Each Act specified in Schedules 1–7 is
amended as set out in those Schedules.
Schedule 1Amendment of Health Services Act 1997 No
154
(Section 3)
[1]Section 49 Membership of
health corporation board
Omit section 49 (2). Insert instead:
(2)
Of the persons appointed by the Minister, 1 is to
be a person elected or, in the case of a statutory health corporation that has
fewer than 50 employees, elected or appointed, in the manner prescribed by
clause 2 of Schedule 5 or regulations made under that
clause.
[2]Section 85 When can medical
practitioners elect to provide their services through their practice
companies?
Omit section 85 (2). Insert instead:
(2)
However, no such election may be made unless the
medical practitioner’s practice company:
(a)
carries public liability insurance to a level
approved by the Director-General from time to time, and
(b)
carries medical indemnity
insurance.
(3)
Subsection (2) (b) does not apply to the extent
that the medical practitioner’s practice company is exempt under section
19 (4) of the Health Care Liability Act
2001 from the requirement to be covered by approved
professional indemnity insurance in respect of medical services to be provided
under the relevant service contract.
(4)
In this section:
medical
indemnity insurance means approved professional indemnity
insurance within the meaning of the Health Care
Liability Act 2001.
[3]Schedule 5 Provisions relating
to members and procedure of area health boards and health corporation
boards
Insert “(other than an elected staff member
appointed under subclause (11))” after “office of an elected staff
member” in clause 2 (9).
[4]Schedule 5, clause
2
Insert after clause 2 (10):
(11)
If a statutory health corporation has fewer than
50 employees:
(a)
the Minister may direct that an election for an
appointed staff member of the Board for the corporation not be held and the
Minister may appoint any person to be an appointed member,
and
(b)
that person is, on being appointed, taken to be a
person elected in the manner prescribed by the regulations made under this
clause.
(12)
If a vacancy occurs in the office of a member
appointed under subclause (11) otherwise than by reason of the expiration of
the period for which the member was appointed:
(a)
the Minister may appoint any person to hold,
subject to this Schedule, the office for a term commencing on the date of
appointment or a later date specified in the relevant instrument of
appointment and ending on the commencement of the term of office of the next
member elected or appointed under this clause, and
(b)
the person is, on being so appointed, taken to be
a person elected in the manner prescribed by the regulations made under this
clause.
Schedule 2Amendment of Mental Health Act 1990 No
9
(Section 3)
[1]Section 252 Constitution of
the Tribunal
Insert “or part-time” after
“full-time” in section 252 (2) (b).
[2]Section
252A
Insert after section 252:
252APart-time
arrangements
A Deputy President, although not appointed on a
part-time basis, may, by agreement in writing entered into with the President,
exercise the functions of Deputy President on a part-time
basis.
Schedule 3Amendment of New South Wales Institute of Psychiatry Act 1964
No 44
(Section 3)
[1]Section 4 Objects of the
Institute
Insert after section 4 (2):
(2A)
Without limiting subsection (2), the Institute
may charge such fees as are reasonable in respect of the programmes of
training conducted by the Institute.
[2]Section
22
Insert after section 21:
22Recovery of
fees
Any fee due or payable to the Institute may be
recovered by the Institute as a debt in a court of competent
jurisdiction.
Schedule 4Amendment of Poisons and Therapeutic Goods Act 1966 No
31
(Section 3)
[1]Section 16 Offences relating
to prescribed restricted substances
Omit the matter relating to the maximum penalty
from section 16 (1).
Insert instead:
Maximum penalty:
(a)
for an offence relating to a prescribed
restricted substance that is an anabolic or androgenic steroidal agent, 20
penalty units or imprisonment for 2 years, or both, and
(b)
for an offence relating to a prescribed
restricted substance other than an anabolic or androgenic steroidal agent, 20
penalty units or imprisonment for 6 months, or
both.
[2]Section 28A Approval of
prescribers of drugs of addiction
Omit “for the purposes of section 29 (2)
(b)” from section 28A (1).
[3]Section 28A
(7)
Insert “or before referring the matter to
the Medical Committee for a recommendation if the circumstances are
sufficiently urgent to require immediate action” after “subsection
(6)”.
[4]Section 28A
(10)
Insert after section 28A (9):
(10)
For the purposes of subsection (7), the
circumstances are sufficiently urgent to require immediate action with respect
to a medical practitioner’s approval if the Director-General is of the
opinion that the action is necessary for the purpose of protecting the life,
or the physical or mental health, of the medical practitioner or any other
person (whether or not any other such person is
identifiable).
[5]Section 29 Director-General
may authorise prescription or supply of drugs of
addiction
Omit section 29 (1). Insert instead:
(1)
An application for the authority of the
Director-General referred to in section 28 is to be in a form approved by the
Director-General.
[6]Section 29 (5)
(a)
Omit “quantity”. Insert instead
“maximum quantity”.
[7]Section 29 (5)
(d)
Omit the paragraph. Insert instead:
(d)
is to be in a form approved by the
Director-General.
[8]Section 29
(6)
Insert “or by electronic
communication” after “in writing”.
[9]Section
30AA
Insert after section 30:
30AAPower of Medical Committee to
obtain information
(1)
This section applies if:
(a)
under section 28A (8) the Director-General refers
an approval to the Medical Committee for review, and
(b)
the review of the approval is with respect to a
possible contravention of this Act or the regulations, or a failure to comply
with any conditions to which the approval is
subject.
(2)
For the purposes of conducting the review and
preparing its report and the recommendation, the Medical Committee may require
the Health Care Complaints Commission or New South Wales Medical Board to
provide the Medical Committee with any information in the Commission’s
or Board’s possession that is relevant to the Medical Committee’s
review.
(3)
A requirement made by the Medical Committee under
this section must be made in writing.
(4)
The Health Care Complaints Commission or New
South Wales Medical Board must comply with any reasonable requirement given to
the Commission or Board under this section.
(5)
This section applies despite any provision
of:
(a)
the Health Care
Complaints Act 1993, or
(b)
the Medical Practice
Act 1992, including section 190B of that
Act.
[10]Section 43 Powers of entry and
seizure
Insert “, or any condition of an approval,
authority or licence given or issued for the purposes of this Act or the
regulations,” after “regulations” where firstly occurring in
section 43 (2).
[11]Section 43 (2)
(h)
Insert “, or a condition of an approval,
authority or licence given or issued for the purposes of this Act or the
regulations,” after “regulations”.
[12]Section 43 (2) (i) and
(j)
Insert after section 43 (2) (h):
(i)
examine any records (including prescriptions),
that may be relevant to investigating or auditing compliance with an approval
given, or authority or licence issued, for the purposes of Part 4 or with
respect to a prescribed restricted substance,
(j)
remove any records referred to in paragraph
(i).
[13]Section 43 (8), definition of
“prescribed restricted substance”
Insert in alphabetical order:
prescribed restricted substance
means a substance listed in Appendix D to the Poisons and Therapeutic Goods Regulation
2002.
Schedule 5Amendment of Royal Society for the Welfare of Mothers and Babies’
Incorporation Act 1919 No 52
(Section 3)
[1]Section 11 By-laws and
rules
Omit all the words from “It” to
“particular:” from section 11 (1).
Insert instead “The body corporate may make
by-laws and rules, not inconsistent with this Act, for or with respect to any
matter that by this Act is required or permitted to be prescribed and, in
particular, for or with respect to the
following:”.
[2]Section 11 (1) (a) and
(b)
Omit “as to” wherever
occurring.
[3]Section 11 (2)
(iii)
Omit the paragraph.
[4]Section 11
(4)
Insert after section 11 (3):
(4)
A by-law or rule made by the Governor and in
force immediately before the commencement of Schedule 5 [1] to the Health Legislation Amendment Act 2003
continues in force after that commencement as if the by-law or rule had been
made by the body corporate.
Schedule 6Amendment of Smoke-free Environment Act 2000 No
69
(Section 3)
[1]Section 11 Exempt
premises
Omit section 11 (1) (d). Insert instead:
(d)
any part of the premises of a casino or casino
environs that is used solely for the purposes of gaming machines or solely for
the purposes of a bar (whether or not such gaming machines are situated in the
bar area),
[2]Section 11
(3)
Insert after section 11 (2):
(3)
In this section:
casino has the same meaning as in
the Casino Control Act 1992.
casino
environs means the whole or a specified part of premises the
subject of an order under section 89 (3) of the Casino
Control Act 1992.
gaming
machine has the same meaning as in the Casino
Control Act 1992.
Schedule 7Amendment of Statutory and Other Offices Remuneration Act
1975 (1976 No 4)
(Section 3)
Schedule 2 Public
offices
Omit “Deputy President of the Mental Health
Review Tribunal” from Part 1.
Insert instead:
Full-time Deputy President of the Mental Health
Review Tribunal
Part-time Deputy President of the Mental Health
Review Tribunal
Historical
notes
Table of amending
instruments
Health
Legislation Amendment Act 2003 No 52. Second reading
speech made: Legislative Assembly, 30.4.2003; Legislative Council, 16.9.2003.
Assented to 23.10.2003. Date of commencement, 1.2.2004, sec 2 and GG No 12 of
16.1.2004, p 164.