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This is a Bill, not an Act. For current law, see the Acts databases.
HEALTH AND COMMUNITY CARE SERVICES (REPEAL AND CONSEQUENTIAL AMENDMENTS) BILL 2002
2002
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Health)
Health and
Community Care Services (Repeal and Consequential Amendments) Bill
2002
Contents
Page
Part 1.1 Drugs of Dependence
Act 1989 3
Part 1.2 Health Act 1993 4
Part 1.3 Mental Health (Treatment and Care) Act
1994 12
Part 1.4 Victims of Crime Regulations
2000 14
2002
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Health)
Health and Community
Care Services (Repeal and Consequential Amendments) Bill
2002
A Bill for
An Act to repeal the
Health and Community Care
Services Act 1996, and for other purposes.
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Health and Community Care Services (Repeal and
Consequential Amendments) Act 2002.
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
A note included in this Act is explanatory and is not part of this
Act.
Note See Legislation Act, s 127 (1), (4) and (5) for the legal
status of notes.
4 Repeal
of Health and Community Care Services Act 1996
The Health and Community Care Services Act 1996 No 34 is
repealed.
5 Acts
and regulations amended—sch 1
Schedule 1 amends the Acts and regulations mentioned in it.
Schedule
1 Consequential
amendments
(see s 5)
Part
1.1 Drugs of Dependence
Act 1989
[1.1] Section
3 (1), definition of director
substitute
director means the Director, Alcohol and Drug
Service.
[1.2] Section
3 (1), definition of treatment centre
omit
or a Territory authority
substitute
3A Director
The chief executive must appoint a public servant as Director, Alcohol and
Drug Service.
Note 1 For the making of appointments (including acting
appointments), see Legislation Act, pt 19.3.
Note 2 In particular, a person may be appointed for a particular
provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made
by naming a person or nominating the occupant of a position (see
s 207).
omit
or a Territory authority
[1.5] Section
84 (1), definition of institution
omit
or a Territory authority
[1.6] Section
121, definition of approved treatment centre
omit
or a Territory authority
[1.7] Section
150 (1) (a) (iii)
omit
subject to subsection (4),
omit
[1.9] Section
164 (4) (c) and (d)
omit
or a Territory authority
omit
certain
omit
, or arranging for the provision of,
omit
or arranged to be provided by the Territory or a Territory
authority
substitute
the Territory
substitute
(c) to investigate, assess, review and evaluate the clinical privileges
provided to health service providers and to report, and make recommendations, to
the chief executive in relation to whether those clinical privileges should be
preserved, varied or withdrawn.
[1.14] Sections
16 and 17
omit
or a Territory authority, as the case requires,
substitute
35 References to Health and Community Care
Service
(1) In any Act, instrument made under an Act, contract or other document,
a reference to the Health and Community Care Service is, for the application of
that Act, instrument, contract or other document after the commencement of this
section, a reference to the Territory.
(2) In this section:
Health and Community Care Service means the Australian
Capital Territory Health and Community Care Service established by the Health
and Community Care Services Act 1996 (repealed).
36 Determination of fees
(1) The Minister may, in writing, determine fees for this Act.
Note The Legislation Act contains provisions about the making of
determinations and regulations relating to fees (see pt 6.3)
(2) Without limiting subsection (1), the Minister may determine fees in
relation to the provision of health and community care services.
(3) A determination is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to
the Legislative Assembly, under the Legislation Act.
(4) A determination may adopt a Commonwealth law or a health benefits
agreement (or a provision of a Commonwealth law or health benefits agreement) as
in force from time to time.
Note 1 The text of an applied, adopted or incorporated law or
instrument, whether applied as in force from time to time or at a particular
time, is taken to be a notifiable instrument if the operation of the Legislation
Act, s 47 (5) or (6) is not disapplied (see s 47 (7)).
Note 2 A notifiable instrument must be notified under the
Legislation Act.
(5) In this section:
Commonwealth law means a Commonwealth Act, or any
regulations, rules, ordinance or disallowable instrument under a Commonwealth
Act.
disallowable instrument, for a Commonwealth Act, means a
disallowable instrument under the Acts Interpretation Act 1901 (Cwlth),
section 46A.
health benefits agreement means an agreement between the
Territory and an entity that provides health benefits to contributors of a
health benefits fund conducted by the entity.
37 Payment of fees and interest
(1) A fee is payable to the Territory on or before the payment
date.
(2) If an amount for a fee remains unpaid after the payment date, in
addition to that amount, interest calculated on the aggregate amount at the rate
determined in writing by the Minister is payable to the Territory in relation to
every month or part of a month that the aggregate amount remains
unpaid.
(3) A determination is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to
the Legislative Assembly, under the Legislation Act.
(4) In this section:
aggregate amount, for a month, means the total
of—
(a) the amount of the fee; and
(b) the amount of interest;
remaining unpaid at the end of the previous month.
payment date, for a fee, means the 28th day after the day
when the account for the fee was issued.
38 Regulation-making power
The Executive may make regulations for this Act.
Note Regulations must be notified, and presented to the
Legislative Assembly, under the Legislation Act.
insert
Part 8 Transitional provisions for repeal of
Health and Community Care Services Act 1996
39 Definitions for pt 8
In this part:
repealed Act means the Health and Community Care Services
Act 1996 (repealed).
service means the Australian Capital Territory Health
and Community Care Service established under the repealed Act.
40 Transfer of assets, rights and
liabilities
On the commencement of this part, all assets, rights and liabilities of the
service vest in the Territory.
41 Registration of changes in ownership of certain
assets
(1) This section applies if—
(a) an asset, including an interest in land, vests in the Territory under
section 40; and
(b) information about ownership of the asset may be entered in a statutory
property register.
(2) On application by the chief executive, a person responsible for the
statutory property register must make the entries in the register and do
anything else that is necessary or desirable to reflect the operation of section
40.
(3) The evidentiary value of a statutory property register is not affected
by—
(a) the making of an entry under this section; or
(b) the failure to make an entry under this section; or
(c) the failure by the chief executive to make an application under this
section.
(4) In this section:
statutory property register means a register kept under a
Territory law, or a law of the Commonwealth, a State or another Territory, for
recording ownership of property (including interests in property)
if—
(a) title to the property is passed by registration in the register of
ownership of the property; or
(b) the owner of an interest in the property may lose the interest if the
interest is not registered in the register.
Examples
1 the register of land titles kept under the Land Titles Act 1925,
section 43
2 the register of interests in goods mentioned in the Sale of Motor
Vehicles Act 1977, part 4A
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
42 Proceedings and evidence
(2) For a proceeding begun before the commencement of this part and to
which the service is a party, the Territory is substituted as a party.
(3) If, before the commencement of this part—
(a) a cause of action had accrued against the service; and
(b) proceedings had not begun in relation to the cause of action;
and
(c) the limitation period for the cause of action had not ended;
proceedings may be brought against the Territory.
(4) The Limitation Act 1985, part 3 applies to the beginning of a
proceeding by or against the Territory as if the cause of action had been
accrued by, or had accrued against, the Territory.
(5) The court or other entity in which, or before which, a proceeding has
been begun or continued under this section may give directions about the
proceeding.
(6) Any evidence that, apart from the repeal of the Health and
Community Care Services Act 1996, would have been admissible for or against
the service is admissible for or against the Territory.
(7) In this section:
proceeding includes a proceeding by way of appeal or review
(including review under the Ombudsman Act 1989) or any other civil
proceeding in relation to an asset, right or liability vested in the Territory
under section 40.
43 Continuation of
determinations
(1) The determination in effect under the repealed Act, section 32 (Fees
and charges for health and community care services) immediately before the
commencement of this part has effect as if it were a determination made under
this Act, section 36 (Determination of fees) until the earlier
of—
(a) the commencement of a determination made under this Act, section 36;
and
(b) the end of 3 months after the commencement of this part.
(2) The determination in effect under the repealed Act, section 33
(Payment of fees, charges and interest) immediately before the commencement of
this part has effect as if it were a determination made under this Act, section
37 (Payment of fees and interest) until the earlier of—
(a) the commencement of a determination made under this Act, section 37;
and
(b) the end of 3 months after the commencement of this part.
44 Transitional regulations
(1) The regulations may prescribe savings or transitional matters
necessary or convenient to be prescribed because of the enactment of the
Health and Community Care Services (Repeal and Consequential Amendments) Act
2002.
(2) Regulations made for this section must not be taken to be inconsistent
with this Act so far as they can operate concurrently with this Act.
(3) This section is additional to, and does not limit, section
45.
45 Modification of pt 8’s
operation
The regulations may modify this part to make provision in relation to any
matter that, in the Executive’s opinion, is not adequately dealt with in
this part.
46 Expiry of pt 8
(1) This part expires 1 year after the day it commences.
(2) To prevent doubt, this part is declared to be a law to which the
Legislation Act 2001, section 88 (Repeal does not end transitional or
validating effect etc) applies.
[1.17] Dictionary,
definition of health facility
omit
or a Territory authority
Part
1.3 Mental Health (Treatment and Care)
Act 1994
[1.18] Section
4, definition of psychiatric institution
substitute
psychiatric institution means a hospital or other institution
for the treatment, care, rehabilitation or accommodation of people who have a
mental illness, that is—
(a) an institution conducted by the Territory; or
(b) a private mental institution.
omit
, or arranging for the provision of,
[1.20] Section
49, definition of responsible person,
paragraph (b)
omit
or a Territory authority
substitute
(c) in relation to any other mental health institution conducted by the
Territory—means the chief executive who has control of the administrative
unit to which responsibility for the conduct of the facility is
allocated.
omit
or a Territory authority
[1.23] Section
89 (1) (g)
omit
, or arranging for the provision,
[1.24] Section
89 (1) (h)
omit
renumber paragraphs when Act next republished under Legislation Act
2001
omit
, or arranging for the provision of,
omit
renumber paragraphs when Act next republished under Legislation Act
2001
substitute
112 Chief psychiatrist
(1) The Minister must appoint a public servant as Chief
Psychiatrist.
Note 1 For the making of appointments (including acting
appointments), see Legislation Act, pt 19.3.
Note 2 In particular, a person may be appointed for a particular
provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made
by naming a person or nominating the occupant of a position (see
s 207).
(2) A person is not eligible for appointment as the chief psychiatrist
unless the person is a psychiatrist.
[1.30] Sections
114, 115 and 117
omit
substitute
118 Delegation by chief
psychiatrist
The chief psychiatrist may, with the Minister’s approval, delegate
the chief psychiatrist’s functions under this Act to a psychiatrist who is
a public employee or is engaged by the Territory.
Note For the making of delegations and the exercise of delegated
functions, see Legislation Act, pt 19.4.
[1.32] Section
123, definition of psychiatric institution,
paragraph (b)
omit
or a Territory authority
Part
1.4 Victims of Crime Regulations
2000
omit
the Australian Capital Territory Health and Community Care
Service
substitute
the chief executive for the Health Act 1993
Endnote
Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2002
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