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