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This is a Bill, not an Act. For current law, see the Acts databases.


MENTAL HEALTH AMENDMENT (PSYCHIATRISTS) BILL 2012

                    Western Australia


Mental Health Amendment (Psychiatrists)
               Bill 2012

                       CONTENTS


      Part 1 -- Preliminary matters
1.    Short title                                              2
2.    Commencement                                             2
      Part 2 -- Mental Health Act 1996
           amended
3.    Act amended                                              3
4.    Section 3 amended                                        3
5.    Section 216 inserted                                     3
      216.     Validation of certain acts and omissions   3

      Part 3 -- Instruments amended
6.    Hospitals and Health Services (Day Hospital
      Facility) Determination (No. 2) 2005 amended             5
7.    Poisons Regulations 1965 amended                         5
8.    Power to amend or repeal unaffected                      5




                         318--1                                page i
                               Western Australia


                          LEGISLATIVE COUNCIL



        Mental Health Amendment (Psychiatrists)
                       Bill 2012


                                   A Bill for


    An Act --
1   •  to amend the definition of psychiatrist in the Mental Health
2      Act 1996 section 3 and in certain instruments; and
3   •  to validate certain acts done, and omissions made, on or after
4      18 October 2010 but before the day on which this Act
5      commences.



    The Parliament of Western Australia enacts as follows:




                                                                  page 1
    Mental Health Amendment (Psychiatrists) Bill 2012
    Part 1         Preliminary matters

    s. 1



1                   Part 1 -- Preliminary matters
2   1.       Short title
3            This is the Mental Health Amendment (Psychiatrists) Act 2012.

4   2.       Commencement
5            This Act comes into operation on the day on which it receives
6            the Royal Assent.




    page 2
                           Mental Health Amendment (Psychiatrists) Bill 2012
                             Mental Health Act 1996 amended           Part 2

                                                                             s. 3



1           Part 2 -- Mental Health Act 1996 amended
2    3.     Act amended
3           This Part amends the Mental Health Act 1996.

4    4.     Section 3 amended
5           In section 3 delete the definition of psychiatrist and insert:
6

7                 psychiatrist means a medical practitioner --
8                   (a) who is a fellow of the Royal Australian and
9                        New Zealand College of Psychiatrists; or
10                  (b) who holds specialist registration under the
11                       Health Practitioner Regulation National Law
12                       (Western Australia) in the specialty of
13                       psychiatry; or
14                  (c) who holds limited registration under the Health
15                       Practitioner Regulation National Law (Western
16                       Australia) that enables the medical practitioner
17                       to practice in the specialty of psychiatry;
18


19   5.     Section 216 inserted
20          At the end of Part 10 Division 6 insert:
21


22        216.    Validation of certain acts and omissions
23          (1)   In this section --
24                act includes an omission.
25          (2)   Any act done, or purportedly done, by or in relation to
26                a psychiatrist under a written law on or after
27                18 October 2010 but before the day on which the
28                Mental Health Amendment (Psychiatrists) Act 2012
29                commences is, and is taken always to have been, as


                                                                         page 3
    Mental Health Amendment (Psychiatrists) Bill 2012
    Part 2         Mental Health Act 1996 amended

    s. 5



1                   valid as the act would have been if the amendments
2                   effected by the Mental Health Amendment
3                   (Psychiatrists) Act 2012 had been in force when the act
4                   was done.
5            Note for section 216:

6            The Health Practitioner Regulation National Law (WA) Act 2010 section 110
7            commenced on 18 October 2010.
8




    page 4
                               Mental Health Amendment (Psychiatrists) Bill 2012
                                             Instruments amended          Part 3

                                                                                   s. 6



1                      Part 3 -- Instruments amended
2    6.         Hospitals and Health Services (Day Hospital Facility)
3               Determination (No. 2) 2005 amended
4         (1)   This section amends the Hospitals and Health Services (Day
5               Hospital Facility) Determination (No. 2) 2005.
6         (2)   In clause 3(2) delete the definition of psychiatrist and insert:
7

8                     psychiatrist has the meaning given in the Mental
9                     Health Act 1996 section 3.
10


11   7.         Poisons Regulations 1965 amended
12        (1)   This section amends the Poisons Regulations 1965.
13        (2)   In regulation 2(1) delete the definition of psychiatrist and insert:
14

15                    psychiatrist has the meaning given in the Mental
16                    Health Act 1996 section 3;
17


18   8.         Power to amend or repeal unaffected
19              The amendment of an instrument by section 6 or 7 does not
20              prevent that instrument from being amended or repealed by
21              subsequent instrument.




 


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