Health Professionals (Special Events Exemption) Act 2000

 

Health Professionals (Special Events Exemption) Act 2000

CONTENTS

Part 1 — Preliminary

1.Short title2

2.Commencement2

3.Interpretation2

4.Definition of “visitor”3

5.Definition of “visiting health professional”4

Part 2 — Special events exemptions

6.Special events5

7.Provision of health care services by visiting health professionals authorized5

8.Conditions on practice by visiting health professionals6

9.Issue of prescriptions and supply of certain substances authorized7

10.Request for use of irradiating apparatus etc. authorized8

11.Exemptions8

12.Operation of authorizations10

Part 3 — Miscellaneous

13.Complaints about visiting health professionals11

14.Application of Act to particular persons11

15.Act does not limit the practice of registered health professionals11

16.Regulations11

17.Review of Act11

Notes

Compilation table13

Provisions that have not come into operation13

 

Health Professionals (Special Events Exemption) Act 2000

An Act to allow visiting health professionals to provide health care services to visitors to the State in connection with special events, and for related purposes.

Part 1 — Preliminary

1.Short title

This Act may be cited as the Health Professionals (Special Events Exemption) Act 2000.

2.Commencement

This Act comes into operation on the day on which it receives the Royal Assent.

3.Interpretation

(1)In this Act, unless the contrary intention appears — 

drug of addiction means a substance included in Schedule 8 in Appendix A to the Poisons Act 1964;

exemption period, in relation to a special event, means the period or periods specified in an order under section 6 that applies to the event;

health care services means — 

(a)services ordinarily provided by chiropractors, dental hygienists, dental therapists, dental prosthetists, dentists, medical practitioners, nurses, occupational therapists, optometrists, osteopaths, pharmacists, physiotherapists, podiatrists and psychologists; and

(b)any other prescribed health care service;

Health Registration Act means any of the following Acts —

Chiropractors Act 1964;

Dental Act 1939;

Dental Prosthetists Act 1985;

Medical Act 1894;

Nurses Act 1992;

Occupational Therapists Registration Act 1980;

Optometrists Act 1940;

Osteopaths Act 1997;

Pharmacy Act 1964;

Physiotherapists Act 1950;

Podiatrists Registration Act 1984;

Psychologists Registration Act 1976;

prepare includes train, practise, rehearse and acclimatize;

registered means registered, licensed or enrolled under a Health Registration Act, or deemed to be so registered, licensed or enrolled;

restricted substance means a substance included in Schedule 4 in Appendix A to the Poisons Act 1964;

special event means an event, or class of event, that is declared to be a special event by order under section 6;

substance has the meaning given by the Poisons Act 1964;

visiting health professional has the meaning given by section 5;

visitor has the meaning given by section 4.

(2)An order made under this Act is subsidiary legislation within the meaning of the Interpretation Act 1984.

[Section 3 amended by No. 11 of 2006 s. 4.]

4.Definition of “visitor”

A person is a “visitor” for the purposes of this Act if — 

(a)the person is a resident of another country who is in the State for the purpose of — 

(i)officially participating in a special event; or

(ii)preparing for official participation in a special event;

(b)the person is a resident of another country who is appointed, employed, contracted or otherwise engaged to manage, train or otherwise assist a person referred to in paragraph (a) and is in the State for that purpose; or

(c)the person is a resident of Australia who is in the State for a purpose referred to in paragraph (a) or (b) and is a member of a group the majority of members of which are persons referred to in paragraph (a) or (b) who are in the State for the same purpose.

5.Definition of “visiting health professional”

A person is a “visiting health professional” for the purposes of this Act if — 

(a)the person is an individual who is a resident of another country;

(b)the person is appointed, employed, contracted or otherwise engaged to provide health care services to a visitor;

(c)the person is not registered; and

(d)notice is given of the person’s intention to provide health care services in the State to a visitor in accordance with the procedure specified in the order under section 6 declaring the special event.

Part 2  Special events exemptions

6.Special events

(1)The Minister may, by order published in the Gazette, declare an event, or class of events, specified in the order to be a special event for the purposes of this Act.

(2)An order may be made in relation to — 

(a)any sporting, cultural or other event that is to take place or is taking place in the State and that, in the opinion of the Minister, will attract a significant number of participants from other countries; or

(b)any sporting, cultural or other event that —

(i)is declared to be a special event under a law of another State or Territory that corresponds to this Act; and

(ii)in the opinion of the Minister, will attract visitors to the State.

(3)The order is to specify — 

(a)the period or periods in which the exemptions under this Act have effect in respect of the special event; and

(b)the procedure by which notice is to be given of a person’s intention to provide health care services in the State to a visitor.

(4)The exemption period for a special event may include any period or periods before or after the special event takes place.

7.Provision of health care services by visiting health professionals authorized

A visiting health professional is authorized to provide health care services to a visitor for whom the health professional has been appointed, employed, contracted or otherwise engaged to provide those services.

8.Conditions on practice by visiting health professionals

(1)It is a condition on the provision of health care services by each visiting health professional that the visiting health professional is not to provide health care services other than health care services that may be lawfully provided in this State by a registered health professional of the like profession.

(2)It is a condition on the provision of health care services by each visiting health professional that the visiting health professional is not to possess, use or supply a substance in the course of providing health care services authorized under this Act other than a substance that may be lawfully possessed, used or supplied in this State by a registered health professional of the like profession.

(3)The Minister may, by an order under section 6, do one or more of the following:

(a)impose further conditions on the provision of health care services by a visiting health professional;

(b)exempt a visiting health professional from the condition referred to in subsection (1);

(c)exempt a visiting health professional from the condition referred to in subsection (2).

(4)A condition or exemption may apply generally or apply to a particular special event or to a particular person or class of persons specified in the order.

(5)The regulations may make provision for or with respect to conditions to be imposed on the provision of health care services by a visiting health professional.

(6)If there is conflict or inconsistency between a regulation referred to in subsection (5) and a condition imposed under subsection (3), the regulation, to the extent of the conflict or inconsistency, prevails.

9.Issue of prescriptions and supply of certain substances authorized

(1)A visiting health professional may issue a written prescription for a restricted substance or a drug of addiction only if authorized to do so by an order under section 6.

(2)The Minister may, by an order under section 6 — 

(a)authorize a visiting health professional or a class of visiting health professionals to issue written prescriptions for a restricted substance or drug of addiction, or restricted substances or drugs of addiction of a class specified in the order, in the course of providing health care services in accordance with this Act;

(b)authorize any person or class of persons to sell or supply a restricted substance or drug of addiction on such a prescription, but only if the person or class of persons is licensed or otherwise authorized under the Poisons Act 1964 to sell or supply the substance on prescription;

(c)authorize a visiting health professional, all visiting health professionals or a class of visiting health professionals to be sold any substance by wholesale; and

(d)authorize any person or class of persons to sell any substance by wholesale to any visiting health professional authorized as referred to in paragraph (c), but only if the person or class of persons is licensed or otherwise authorized under the Poisons Act 1964 to sell the substance by wholesale to a medical practitioner.

(3)The Minister is not to make an order containing an authorization referred to in subsection (2) unless the Minister is satisfied that adequate arrangements are in place to ensure that the substances concerned will only be prescribed for, sold or supplied to, and used by, persons to whom visiting health professionals are authorized to provide health care services under this Act.

(4)The Minister is not to make an order containing an authorization referred to in subsection (2)(a) in respect of a visiting health professional or class of visiting health professionals unless registered health professionals of the like profession in this State may lawfully issue written prescriptions for the restricted substance or drug of addiction of the type or class specified in the order.

(5)An order under section 6 may impose conditions on any authorization referred to in this section that is conferred by the order.

10.Request for use of irradiating apparatus etc. authorized

(1)A visiting health professional may request the holder of a licence under section 26(1)(a) of the Radiation Safety Act 1975 to undertake diagnosis or therapy referred to in that section only if the visiting health professional is authorized to do so by an order under section 6.

(2)The Minister may, by an order under section 6 authorize a visiting health professional or a class of visiting health professionals, in the course of providing health care services in accordance with this Act, to request the holder of a licence under section 26(1)(a) of the Radiation Safety Act 1975 to undertake diagnosis or therapy referred to in that section.

(3)An order under section 6 may impose conditions on any authorization referred to in this section that is conferred by the order.

11.Exemptions

(1)A visiting health professional does not commit an offence under a Health Registration Act, the Poisons Act 1964, the Radiation Safety Act 1975 or the Misuse of Drugs Act 1981 for — 

(a)providing health care services as authorized under this Act;

(b)possessing, using or supplying a substance in the course of providing those authorized health care services where the substance is —

(i)lawfully imported or lawfully obtained in Australia by the visiting health professional; and

(ii)a substance that may be lawfully possessed, used or supplied by a registered health professional of the like profession;

(c)prescribing a substance in the course of providing those authorized health care services;

(d)requesting the holder of a licence under the Radiation Safety Act 1975 to undertake diagnosis or therapy in the course of providing those authorized health care services;

(e)holding himself or herself out as being able to provide those authorized health care services; or

(f)using any name, initials, description, word, symbol, addition or title that the visiting health professional ordinarily uses.

(2)A visitor does not commit an offence under the Poisons Act 1964 or the Misuse of Drugs Act 1981 for using or possessing any substance as a result of being provided with health care services in accordance with this Act.

(3)A person does not commit an offence under the Poisons Act 1964 or the Misuse of Drugs Act 1981 for — 

(a)selling or supplying a restricted substance or drug of addiction in accordance with a written prescription issued by a visiting health professional if — 

(i)the visiting health professional is authorized under this Act to issue the prescription;

(ii)the person is authorized under this Act to sell or supply the substance on such a prescription; and

(iii)the person is complying with any conditions to which the person’s authorization under the Poisons Act 1964 is subject;

or

(b)selling any substance by wholesale to a visiting health professional if — 

(i)the person is authorized under this Act to supply the substance by wholesale;

(ii)the visiting health professional is authorized under this Act to be sold the substance by wholesale; and

(iii)the person is complying with any conditions to which the person’s authorization under the Poisons Act 1964 is subject.

(4)The regulations may prescribe other offences to which subsection (1), (2) or (3) applies.

12.Operation of authorizations

(1)Section 7 and any authorization referred to in section 9 or 10 operate in relation to a visiting health professional during the exemption period for the special event in respect of which notice is given by or on behalf of that visiting health professional under section 5(d) and at no other time.

(2)Section 7 and any authorization referred to in section 9 or 10 do not operate in relation to a visiting health professional if the visiting health professional fails to comply with the provisions of this Act, the regulations or any relevant conditions imposed by or under this Act.

Part 3  Miscellaneous

13.Complaints about visiting health professionals

(1)A complaint may not be made about a visiting health professional under the Health Services (Conciliation and Review) Act 1995 or a Health Registration Act and no disciplinary action may be taken against a visiting health professional under those Acts.

(2)This section does not prevent the bringing of proceedings for an offence under an Act referred to in subsection (1).

14.Application of Act to particular persons

The Minister may at any time, by order published in the Gazette, declare that this Act, or a specified provision of this Act, does not apply to or in respect of a specified person or class of persons, and that order has effect according to its terms.

15.Act does not limit the practice of registered health professionals

This Act does not prejudice or affect the lawful occupation, trade or business of any person who is registered.

16.Regulations

(1)The Governor may make regulations prescribing all matters required or permitted by this Act to be prescribed or necessary or convenient to be prescribed for carrying out this Act.

(2)A regulation may create an offence punishable by a penalty not exceeding $1 000.

17.Review of Act

(1)The Minister is to carry out a review of the operation and effectiveness of this Act as soon as is practicable after the expiry of 5 years from its commencement.

(2)The Minister is to prepare a report based on the review and, as soon as is practicable after the report is prepared, (and in any event not more than 12 months after the expiration of the 5 year period referred to in subsection (1)) is to cause the report to be laid before each House of Parliament.

 

Notes

1This is a compilation of the Health Professionals (Special Events Exemption) Act 2000 and includes the amendments made by the other written laws referred to in the following table 1a.

Compilation table

Short title

Number and Year

Assent

Commencement

Health Professionals (Special Events Exemption) Act 2000

7 of 2000

14 Apr 2000

14 Apr 2000 (see s. 2)

Optical Dispensers Repeal Act 2006 s. 4

11 of 2006

11 May 2006

11 May 2006 (see s. 2)

1aOn the date as at which this compilation was prepared, provisions referred to in the following table had not come into operation and were therefore not included in this compilation. For the text of the provisions see the endnotes referred to in the table.

Provisions that have not come into operation

Short title

Number and year

Assent

Commencement

Psychologists Act 2005 s. 108 2

28 of 2005

12 Dec 2005

To be proclaimed (see s. 2)

Optometrists Act 2005 s. 109 3

29 of 2005

12 Dec 2005

To be proclaimed (see s. 2)

Podiatrists Act 2005 s. 109 4

30 of 2005

12 Dec 2005

To be proclaimed (see s. 2)

Chiropractorss Act 2005 s. 109 5

31 of 2005

12 Dec 2005

To be proclaimed (see s. 2)

Physiotherapists Act 2005 s. 109 6

32 of 2005

12 Dec 2005

To be proclaimed (see s. 2)

Osteopaths Act 2005 s. 108 7

33 of 2005

12 Dec 2005

To be proclaimed (see s. 2)

Occupational Therapists Act 2005 s. 109 8

42 of 2005

19 Dec 2005

To be proclaimed (see s. 2)

Medical Radiation Technologists Act 2006 s. 105 9

21 of 2006

9 Jun 2006

To be proclaimed (see s. 2)

Nurses and Midwives Act 2006 s. 114 10

50 of 2006

6 Oct 2006

To be proclaimed (see s. 2)

 

2On the date as at which this compilation was prepared, the Psychologists Act 2005 s. 108, which gives effect to Sch. 3, had not come into operation. It reads as follows:

108.Consequential amendments

Schedule 3 sets out consequential amendments.

”.

Schedule 3 cl. 5 reads as follows:

Schedule 3  Consequential amendments

[s. 108]

5.Health Professionals (Special Events Exemption) Act 2000 amended

(1)The amendments in this clause are to the Health Professionals (Special Events Exemption) Act 2000.

(2)Section 3(1) is amended in the definition of “Health Registration Act” by deleting “Psychologists Registration Act 1976;” and inserting instead —

Psychologists Act 2005; ”.

”.

3On the date as at which this compilation was prepared, the Optometrists Act 2005 s. 109, which gives effect to Sch. 3, had not come into operation. It reads as follows:

109.Consequential amendments

Schedule 3 sets out consequential amendments.

”.

Schedule 3 cl. 3 reads as follows:

Schedule 3  Consequential amendments

[s. 109]

3.Health Professionals (Special Events Exemption) Act 2000 amended

(1)The amendments in this clause are to the Health Professionals (Special Events Exemption) Act 2000.

(2)Section 3(1) is amended in the definition of “Health Registration Act” by deleting “Optometrists Act 1940;” and inserting instead —

Optometrists Act 2005; ”.

”.

”.

 

4On the date as at which this compilation was prepared, the Podiatrists Act 2005 s. 109, which gives effect to Sch. 3, had not come into operation. It reads as follows:

109.Consequential amendments

Schedule 3 sets out consequential amendments.

”.

Schedule 3 cl. 3 reads as follows:

Schedule 3  Consequential amendments

[s. 109]

3.Health Professionals (Special Events Exemption) Act 2000 amended

(1)The amendments in this clause are to the Health Professionals (Special Events Exemption) Act 2000.

(2)Section 3(1) is amended in the definition of “Health Registration Act” by deleting “Podiatrists Registration Act 1984;” and inserting instead —

Podiatrists Act 2005; ”.

”.

5On the date as at which this compilation was prepared, the Chiropractors Act 2005 s. 109, which gives effect to Sch. 3, had not come into operation. It reads as follows:

109.Consequential amendments

Schedule 3 sets out consequential amendments.

”.

Schedule 3 cl. 3 reads as follows:

Schedule 3  Consequential amendments

[s. 109]

3.Health Professionals (Special Events Exemption) Act 2000 amended

(1)The amendments in this clause are to the Health Professionals (Special Events Exemption) Act 2000.

(2)Section 3(1) is amended in the definition of “Health Registration Act” by deleting “Chiropractors Act 1964;” and inserting instead —

Chiropractors Act 2005; ”.

”.

6On the date as at which this compilation was prepared, the Physiotherapists Act 2005 s. 109, which gives effect to Sch. 3, had not come into operation. It reads as follows:

109.Consequential amendments

Schedule 3 sets out consequential amendments.

”.

Schedule 3 cl. 3 reads as follows:

Schedule 3  Consequential amendments

[s. 109]

3.Health Professionals (Special Events Exemption) Act 2000 amended

(1)The amendments in this clause are to the Health Professionals (Special Events Exemption) Act 2000.

(2)Section 3(1) is amended in the definition of “Health Registration Act” by deleting “Physiotherapists Act 1950;” and inserting instead —

Physiotherapists Act 2005; ”.

”.

7On the date as at which this compilation was prepared, the Osteopaths Act 2005 s. 108, which gives effect to Sch. 3, had not come into operation. It reads as follows:

108.Consequential amendments

Schedule 3 sets out consequential amendments.

”.

Schedule 3 cl. 3 reads as follows:

Schedule 3  Consequential amendments

[s. 108]

3.Health Professionals (Special Events Exemption) Act 2000 amended

(1)The amendments in this clause are to the Health Professionals (Special Events Exemption) Act 2000.

(2)Section 3(1) is amended in the definition of “Health Registration Act” by deleting “Osteopaths Act 1997;” and inserting instead —

Osteopaths Act 2005; ”.

”.

8On the date as at which this compilation was prepared, the Occupational Therapists Act 2005 s. 109, which gives effect to Sch. 3, had not come into operation. It reads as follows:

109.Consequential amendments

Schedule 3 sets out consequential amendments.

”.

Schedule 3 cl. 3 reads as follows:

Schedule 3  Consequential amendments

[s. 109]

3.Health Professionals (Special Events Exemption) Act 2000 amended

(1)The amendments in this clause are to the Health Professionals (Special Events Exemption) Act 2000.

(2)Section 3(1) is amended in the definition of “Health Registration Act” by deleting “Occupational Therapists Registration Act 1980;” and inserting instead —

Occupational Therapists Act 2005; ”.

”.

9On the date as at which this compilation was prepared, the Medical Radiation Technologists Act 2006 s. 105, which gives effect to Sch. 3, had not come into operation. It reads as follows:

105.Consequential amendments

Schedule 3 sets out consequential amendments.

”.

Schedule 3 cl. 3 reads as follows:

Schedule 3  Consequential amendments

[s. 105]

3.Health Professionals (Special Events Exemption) Act 2000 amended

(1)The amendment in this clause is to the Health Professionals (Special Events Exemption) Act 2000.

(2)Section 3(1) is amended in the definition of “Health Registration Act” by inserting the following in the appropriate alphabetical position —

Medical Radiation Technologists Act 2006; ”.

”.

10On the date as at which this compilation was prepared, the Nurses and Midwives Act 2006 s. 114, which gives effect to Sch. 3, had not come into operation. It reads as follows:

114.Consequential amendments

Schedule 3 sets out consequential amendments.

”.

Schedule 3 cl. 10 reads as follows:

Schedule 3  Consequential amendments

[s. 114]

10.Health Professionals (Special Events Exemption) Act 2000 amended

(1)The amendments in this clause are to the Health Professionals (Special Events Exemption) Act 2000.

(2)Section 3(1) is amended in the definition of “Health Registration Act” by deleting “Nurses Act 1992;” and inserting instead —

Nurses and Midwives Act 2006; ”.

”.