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TASMANIA
__________
HEALTH AND RELATED LEGISLATION
(MISCELLANEOUS AMENDMENTS) BILL 2017
__________
CONTENTS
1. Short title
2. Commencement
3. Consequential Amendments
4. Repeal of Act
Schedule 1 - Consequential Amendments
[Bill 56]-IV
2
HEALTH AND RELATED LEGISLATION
(MISCELLANEOUS AMENDMENTS) BILL 2017
(Brought in by the Minister for Health, the Honourable
Michael Darrel Joseph Ferguson)
A BILL FOR
An Act to amend the Ambulance Service Act 1982, the
Disability Services Act 2011, the Health Act 1997, the Mental
Health Act 2013, the Pharmacy Control Act 2001, the
Poisons Act 1971, the Tasmanian Health Organisations Act
2011 and the Youth Justice Act 1997
Be it enacted by Her Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Health and Related
Legislation (Miscellaneous Amendments) Act
2017.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
3. Consequential Amendments
The legislation specified in Schedule 1 is
amended as specified in that Schedule.
[Bill 56] 3
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4. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which it
commences.
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SCHEDULE 1 - CONSEQUENTIAL AMENDMENTS
Section 3
Ambulance Service Act 1982
1. The long title is amended by omitting "Director"
and substituting "Commissioner".
2. Section 19 is amended as follows:
(a) by inserting in subsection (1) "or the
Secretary" after "Commissioner";
(b) by inserting in subsection (3) "or the
Secretary" after "Commissioner".
3. Section 41B(1) is amended by omitting "of the
Ambulance Service".
Disability Services Act 2011
1. Section 4(1) is amended as follows:
(a) by omitting "provider;" from paragraph
(b) of the definition of funded provider
and substituting "provider; or";
(b) by inserting the following paragraph after
paragraph (b) in the definition of funded
provider:
(c) any other entity that is
determined by the Secretary to be
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a funded provider for the
purposes of this definition;
(c) by omitting "provider." from paragraph
(b) of the definition of supported
accommodation and substituting
"provider;";
(d) by inserting the following definition after
the definition of supported
accommodation:
therapeutic purposes includes treating
(by diagnosing, curing or
relieving) a disease, disorder,
ailment, defect or injury or
facilitating such treatment, but
does not include preventing or
reducing the risk of ailment or
injury.
2. Section 44(3) is amended by omitting "a shorter
period, if any, specified in the approval" and
substituting "such other period, not exceeding 2
years, as agreed to by the Senior Practitioner and
specified in the approval".
Health Act 1997
1. Section 3 is amended as follows:
(a) by omitting the definition of Board;
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(b) by omitting "section 26(2) of the
Commonwealth Act and in" from the
definition of Medicare principles.
2. Section 6 is repealed and the following sections
are substituted:
6. Advisory panels
(1) The Secretary may establish one or more
advisory panels as he or she considers
appropriate.
(2) An advisory panel is to consist of -
(a) such members as the Secretary
considers appropriate; and
(b) a chairperson appointed by the
Secretary.
(3) An advisory panel has the following
functions:
(a) on the Secretary's request, to
provide advice on any matter
relating to the Department;
(b) any other function imposed on
advisory panels by this or any
other Act.
(4) A person may provide information to an
advisory panel and, in doing so -
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(a) cannot, by virtue of providing the
information, be held to have
breached any code of professional
etiquette or ethics, to have
departed from any accepted
standards of professional conduct
or to have contravened any Act in
relation to which the Department
is the responsible Department;
and
(b) to the extent that he or she has
acted in good faith, incurs no
civil or criminal liability in
respect of providing the
information.
(5) Schedule 2 has effect with respect to the
membership and meetings of advisory
panels.
6A. Confidentiality of information
A person who is, or has been, a member
of an advisory panel must not, either
directly or indirectly, record, divulge, or
make use of information obtained by the
panel that identifies, or could reasonably
be expected to lead to the identification
of, the person to whom it relates except -
(a) to the extent necessary for the
performance of the functions of
that advisory panel; or
(b) in other prescribed circumstances.
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3. Schedule 2 is repealed and the following
Schedule is substituted:
SCHEDULE 2 - PROVISIONS WITH RESPECT TO
MEMBERSHIP AND MEETINGS OF ADVISORY
PANELS
Section 6(5)
1. Terms and conditions of office of members
of advisory panel
(1) A member of an advisory panel -
(a) is to be appointed for such period
as the Secretary thinks fit; and
(b) may be removed from office by
the Secretary by notice in writing
addressed and delivered to that
member; and
(c) may at any time resign his or her
office by notice in writing
addressed and delivered to the
Secretary.
(2) The terms and conditions of office of a
member of an advisory panel, with
respect to matters not provided for in this
Schedule, are as determined by the
Secretary.
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2. Convening of meetings
Meetings of an advisory panel may be
convened by the Secretary or by the
chairperson of the advisory panel.
3. Advisory panel may regulate own procedure
Subject to this Schedule, the procedure
for the calling of, and for the conduct of
business at, meetings of an advisory
panel is to be as determined by the
advisory panel.
Mental Health Act 2013
1. The definition of involuntary patient in section
200 is amended as follows:
(a) by omitting from paragraph (a)
"continuing care order" and substituting
"treatment order";
(b) by omitting from paragraph (b)
"continuing care order" and substituting
"treatment order".
2. Section 204(b)(i) is amended by omitting
"continuing care order" and substituting
"treatment order".
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Pharmacy Control Act 2001
1. Section 61C(1) is amended by omitting
paragraph (c) and substituting the following
paragraph:
(c) in the case of a body corporate, each
director of the body corporate is a
pharmacist and each other member of the
body corporate is a pharmacist or a close
relative of a pharmacist and -
(i) the controlling interest in the
body corporate is held by a
pharmacist or by persons who are
pharmacists; and
(ii) all the shares and the beneficial
interest in those shares are held
by pharmacists or close relatives
of a pharmacist; and
(iii) control and supervision of any
pharmacy services carried on by
the pharmacy business are vested
in a person who is a pharmacist
or in persons who are
pharmacists; or
2. Section 80(2) is amended by inserting after
paragraph (a) the following paragraph:
(b) the establishment, operation and
regulation of pharmacy depots at which
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prescriptions may be left or dispensed
prescriptions may be collected;
Poisons Act 1971
1. Section 47(10)(a) is amended by omitting
"section 25A or section 25B" and substituting
"section 25A, 25B, 25C, 25D or 25E".
2. Section 54E is amended as follows:
(a) by omitting from paragraph (b)
"contract." and substituting "contract;
and";
(b) by inserting the following paragraph after
paragraph (b):
(c) have a notice, approved by the
Board, containing details of the
location and area (in hectares) to
be planted with alkaloid poppies
for the relevant growing period.
Tasmanian Health Organisations Act 2011
1. After section 5, the following section is inserted
in Part 1:
5A. Extra-territorial application of Act
Notwithstanding section 3 or any other
provision of this Act, a Tasmanian
Health Organisation may, with the
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approval of the responsible Ministers,
provide services outside Tasmania's
territorial boundaries.
Youth Justice Act 1997
1. Section 3(1) is amended by omitting the
definition of detention centre manager and
substituting the following definition:
detention centre manager means a person
appointed under section 124A;
2. After section 124, the following section is
inserted in Division 1:
124A. Appointment of detention centre manager
(1) The Secretary may appoint a State
Service officer or State Service employee
as detention centre manager in respect of
a detention centre.
(2) A detention centre manager may hold
that office in conjunction with State
Service employment.
3. Section 146B is amended by omitting "the
Director of Corrective Services or a person
nominated by the Director of Corrective
Services" and substituting "any person".
Government Printer, Tasmania 13