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

HEALTH LEGISLATION AMENDMENT BILL 2024

2024

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for Health)

Health Legislation Amendment Bill 2024



Contents

Page

















2024

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for Health)

Health Legislation Amendment Bill 2024

A Bill for

An Act to amend legislation about health, and for other purposes









The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1 Preliminary

1 Name of Act

This Act is the Health Legislation Amendment Act 2024

.

2 Commencement

(1) This Act (other than part 2 and section 5) 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)).

(2) Part 2 commences on the later of—

(a) the commencement of the Assisted Reproductive Technology Act 2024

, division 8.6 (Power to seize things); and

(b) the commencement of this Act, section 3.

(3) Section 5 commences on the later of—

(a) the commencement of the Health Practitioner Regulation National Law and Other Legislation Amendment Act 2022

(Qld), chapter 3, part 21 (Interim prohibition orders); and

(b) the commencement of this Act, section 3.

3 Legislation amended

This Act amends the following legislation:

• Assisted Reproductive Technology Act 2024

• Health Practitioner Regulation National Law (ACT) Act 2010

• Health Records (Privacy and Access) Act 1997

• Medicines, Poisons and Therapeutic Goods Act 2008

• Variation in Sex Characteristics (Restricted Medical Treatment) Act 2023

.

Part 2 Assisted Reproductive Technology Act 2024

4 Return of seized things

Section 112 (3)

substitute

(3) If subsection (2) (a), (b) or (c) applies—

(a) the thing is forfeited to the Territory; and

(b) the director-general may direct that the thing be sold, destroyed or otherwise disposed of.

Part 3 Health Practitioner Regulation National Law (ACT) Act 2010

5 Modifications—Health Practitioner Regulation National Law

Schedule 1, modification 1.3, new section 150 (4A) (aa)

insert

(aa) deal with the notification or complaint, or part, under part 8, division 7A (Interim prohibition orders);

6 Schedule 1, modification 1.3, new section 150 (4A) (ca)

insert

(ca) refer the notification or complaint, or part, to another entity under section 150A (Referral to other entities);

Part 4 Health Records (Privacy and Access) Act 1997

7 Storage, security and destruction of personal health information—safekeeping requirement

Schedule 1, principle 4.1, new clauses 3 (d) and 4

after the note, insert

(d) the record is a video recording of images captured by an automated security or surveillance camera (surveillance footage) located at premises from which a health service provider provides services or in an area surrounding the premises.

Example—surveillance footage

a recording of images captured by a closed-circuit television security camera

4 In this principle:

surveillance footage—

(a) includes an automated video recording made for the purposes of security, public safety, monitoring of activities or community education; but

(b) does not include a video recording, whether or not automated, made for the purpose of a clinical procedure or investigation.

Examples—par (b)

1 a video recording of a surgery made for quality assurance

2 an automated video recording monitoring use of an MRI machine

8 Storage, security and destruction of personal health information—register of destroyed or transferred records

Schedule 1, principle 4.2, new clauses 4 and 5

insert

4 A record keeper need not keep a record on the register under clause 1 if the record destroyed is surveillance footage.

5 In this principle:

surveillance footage—see principle 4.1, clause 4.

Part 5 Medicines, Poisons and Therapeutic Goods Act 2008

9 Definitions—ch 6A

Section 97B, definition of another jurisdiction and note

substitute

another jurisdiction—

(a) means the Commonwealth or a State; and

(b) includes an entity established under a law of the Commonwealth or a State.

Note State includes the Northern Territory (see Legislation Act

, dict, pt 1).

Part 6 Variation in Sex Characteristics (Restricted Medical Treatment) Act 2023

10 Deciding the application—general treatment plan

New section 23 (1A)

after the note, insert

(1A) A decision under subsection (1) is decided by a majority of votes of all assessment committee members.

11 Deciding the application—individual treatment plan

New section 26 (1A)

after the note, insert

(1A) A decision under subsection (1) is decided by a majority of votes of all assessment committee members.

12 Decision of internal review committee

New section 39 (2A)

insert

(2A) A decision under this section, except a decision taken to be a confirmation under subsection (3), is decided by a majority of votes of all internal review committee members.

Endnotes

1 Presentation speech

Presentation speech made in the Legislative Assembly on 6 June 2024.

2 Notification

Notified under the Legislation Act

on 2024.

3 Republications of amended laws

For the latest republication of amended laws, see www.legislation.act.gov.au

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© Australian Capital Territory 2024

 

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