2004

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for Health)

Part 1.1 Community and Health Services Complaints Act 1993 4

Part 1.2 Electoral Act 1992 9

Part 1.3 Health Act 1993 9

Part 1.4 Health Professions Boards (Elections) Act 1980 11

Part 1.5 Health Professions Boards (Procedures) Act 1981 15

Part 1.6 Health Professionals (Special Events Exemptions) Act 2000 18

Part 1.7 Medical Treatment Act 1994 20

Part 1.8 Public Health Act 1997 20

Part 1.9 Victims of Crime Regulations 2000 22

Part 1.10 Workers Compensation Act 1951 24

Part 1.11 Workers Compensation Regulations 2002 26

Part 2.1 Repeal of legislation consequential on repeal of Chiropractors and Osteopaths Act 1983 29

Part 3.1 Legislation Act 2001 30

Part 3.2 Podiatrists Act 1994 30

Part 3.3 Psychologists Act 1994 31

Part 3.4 Repeal of legislation consequential on repeal of Dental Technicians and Dental Prosthetists Act 1988 31

Part 4.1 Dental Technicians and Dental Prosthetists Registration Act 1988 32

Part 4.2 Drugs of Dependence Act 1989 32

Part 4.3 Legislation Act 2001 32

Part 4.4 Periodic Detention Act 1995 33

Part 4.5 Pharmacy Act 1931 33

Part 4.6 Repeal of legislation consequential on repeal of Dentists Act 1931 33

Part 5.1 Birth (Equality of Status) Act 1988 34

Part 5.2 Births, Deaths and Marriages Registration Act 1997 34

Part 5.3 Boxing Control Act 1993 34

Part 5.4 Chiropractors and Osteopaths Act 1983 35

Part 5.5 Coroners Act 1997 35

Part 5.6 Dentists Act 1931 35

Part 5.7 Drugs of Dependence Act 1989 35

Part 5.8 Health Records (Privacy and Access) Act 1997 36

Part 5.9 Legislation Act 2001 36

Part 5.10 Long Service Leave (Building and Construction Industry) Act 1981 37

Part 5.11 Medical Services (Fees) Act 1984 38

Part 5.12 Optometrists Act 1956 38

Part 5.13 Periodic Detention Act 1995 38

Part 5.14 Pharmacy Act 1931 38

Part 5.15 Physiotherapists Act 1931 39

Part 5.16 Podiatrists Act 1994 39

Part 5.17 Public Sector Management Act 1994 39

Part 5.18 Radiation Act 1983 40

Part 5.19 Remand Centres Act 1976 40

Part 5.20 Sexually Transmitted Diseases Act 1956 40

Part 5.21 Trans-Tasman Mutual Recognition Act 1997 41

Part 5.22 Tuberculosis Act 1950 41

Part 5.23 Repeal of legislation consequential on repeal of Medical Practitioners Act 1930 41

Part 6.1 Birth (Equality of Status) Act 1988 43

Part 6.2 Children and Young People Act 1999 43

Part 6.3 Crimes Act 1900 44

Part 6.4 Drugs of Dependence Act 1989 44

Part 6.5 Juries Act 1967 44

Part 6.6 Legislation Act 2001 45

Part 6.7 Mental Health (Treatment and Care) Act 1994 46

Part 6.8 Periodic Detention Act 1995 46

Part 6.9 Physiotherapists Act 1977 46

Part 6.10 Transplantation and Anatomy Act 1978 47

Part 6.11 Repeal of legislation consequential on repeal of Nurses Act 1988 47

Part 7.1 Repeal of legislation consequential on repeal of Optometrists Act 1956 49

Part 8.1 Drugs of Dependence Act 1989 50

Part 8.2 Legislation Act 2001 50

Part 8.3 Repeal of legislation consequential on repeal of Pharmacy Act 1931 50

Part 9.1 Chiropractors and Osteopaths Act 1983 52

Part 9.2 Podiatrists Act 1994 52

Part 9.3 Repeal of legislation consequential on repeal of Physiotherapists Act 1977 52

Part 10.1 Poisons Act 1933 53

Part 10.2 Repeal of legislation consequential on repeal of Podiatrists Act 1994 53

Part 11.1 Victims of Crime (Financial Assistance) Act 1983 54

Part 11.2 Repeal of legislation consequential on repeal of Psychologists Act 1994 54

Part 12.1 Veterinary Surgeons Act 1965 55

Part 12.2 Repeal of legislation consequential on repeal of Health Professions Boards (Elections) Act 1980 55

2004

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for Health)

An Act to amend various laws about health professionals, and for other purposes

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

This Act is the Health Professionals Legislation Amendment Bill 2004.

(1) A schedule mentioned in table 2, column 2 commences on the day the provision of the Health Professionals Act 2004 mentioned in column 3 commences.

Note The Health Professionals Act 2004, s 136 is as follows:

136 Repeals

The following Acts are repealed:

(a) Chiropractors and Osteopaths Act 1983 A1983-28

(b) Dental Technicians and Dental Prosthetists Registration Act 1988 A1988-85

(c) Dentists Act 1931 A1931-8

(d) Health Professions Boards (Elections) Act 1980 A1980-45

(e) Health Professions Boards (Procedures) Act 1981 A1981-46

(f) Medical Practitioners Act 1930 A1930-13

(g) Nurses Act 1988 A1988-61

(h) Optometrists Act 1956 A1956-4

(i) Pharmacy Act 1931 A1931-10

(j) Physiotherapists Act 1977 A1977-60

(k) Podiatrists Act 1994 A1994-82

(l) Psychologists Act 1994 A1994-87.

(2) Schedule 12 commences on the day the Health Professionals Act 2004, section 136 expires.

(3) The remainder of the Act commences on the day the Health Professionals Act 2004, section 3 commences.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

This Act amends or repeals the legislation mentioned in the schedules.

omit everything after paragraph (c), substitute

(d) to encourage an awareness of the rights and responsibilities of users and providers of community services and health services; and

(e) to assist in the maintenance of minimum standards of health services by the investigation and resolution of complaints about registered health professionals;

(f) to ensure that health services and community services are provided by people who are suitable and able to provide them.

board means a health profession board under the Health Professionals Act 2004.

registered provider means a provider registered under the Health Professionals Act 2004.

relevant board—see the Health Professionals Act 2004, section 19 (1), definition of relevant health profession board.

HPA report means a report made under the Health Professionals Act 2004, section 81 (How must report be made?).

(ka) to assist health professional boards by investigating matters that need to be investigated, including an HPA report;

For this Act—

(a) an HPA report is taken to be a complaint made under this division; and

(b) a person who makes an HPA report is taken to be a person mentioned in section 21 (Who may complain).

(1) This section applies to a complaint—

(a) that is an HPA report in relation to which a health profession board is required to consult the commissioner; or

(b) that suggests to the commissioner that a registered health professional may not be satisfying the suitability to practise requirements, or meeting the required standard of practice, under the Health Professionals Act 2004.

(2) The commissioner must consult the health profession board in relation to the complaint and try to make any decision allowed or required to be made about the matter jointly with the health profession board.

(3) If the commissioner and the health profession board cannot agree about what to do about the complaint, the Health Professionals Act 2004, section 86 (2) and (3) applies to the complaint.

(4) If the commissioner makes an assessment of the complaint, the commissioner must tell the health profession board in writing about the results of the assessment.

(1A) However, the commissioner must not prepare a report in relation to a complaint that is an HPA report during an investigation unless the commissioner has consulted the relevant board.

Note The commissioner cannot complete an investigation into a complaint that is an HPA report without consulting the relevant board (see s 31A (2)).

(5) A report prepared under this section in relation to a complaint that is an HPA report must reflect the action required to be taken in relation to the complaint under the Health Professionals Act 2004, section 86 (2) and (3).

Note See Health Professionals Act 2004, s 116 for the role of the commissioner in a standards inquiry under that Act.

This part modifies this Act.

old board—

(a) means a board mentioned in the definition of board as in force immediately before the commencement of part 10; but

(b) does not include a board that has ceased to exist.

Note Board was defined to mean each of the following boards:

• the chiropractic board

• the dental board

• the dental technicians and dental prosthetists board

• the medical board

• the nurses board

• the optometrists board

• the pharmacy board

• the physiotherapists board

• the podiatrists board

• the psychologists board.

board—

(a) means a health profession board under the Health Professionals Act 2004; and

(b) includes an old board.

registered provider—

(a) means a provider registered under the Health Professionals Act 2004; and

(b) includes a provider registered by an old board.

relevant board, in relation to a registered provider—

(a) see the Health Professionals Act 2004, section 19 (1), definition of relevant health profession board; and

(b) includes a provider registered by an old board.

This part expires on the day the Health Professionals Act 2004, section 136 (Repeals) expires.

Act

, or any other Act under which the commissioner exercises a function

This division modifies this Act.

health service provider—

(a) means a person who provides health services at a health facility or uses the equipment or other facilities of a health facility for the purpose of providing health services elsewhere; and

(b) includes the following people:

(i) a person registered under the Health Professionals Act 2004;

(ii) a person registered under the Chiropractors and Osteopaths Act 1983;

(iii) a person registered under the Dental Technicians and Dental Prosthetists Registration Act 1988;

(iv) a person registered under the Dentists Act 1931;

(v) a person registered under the Nurses Act 1988;

(vi) a person registered under the Optometrists Act 1956;

(vii) a person registered under the Pharmacy Act 1931;

(viii) a person registered under the Physiotherapists Act 1977.

(1) This section applies to the Health (Fees) Determination 2003-04 DI2003-150.

(2) A reference in the determination to a medical practitioner is taken to be a reference to a person registered as a medical practitioner under the Health Professionals Act 2004.

(3) The reference in the determination, clause 1, definition of physiotherapy service to ‘the definition of physiotherapy in the Physiotherapists Act 1977’ is taken to be a reference to—

(a) the regulated health service of physiotherapy under the Health Professionals Act 2004; or

(b) the definition of physiotherapy under the Physiotherapists Act 1977, section 3 (1); but

(c) does not include the definition mentioned in paragraph (b) if the Physiotherapists Act 1977 has been repealed.

This part expires on the day the Health Professionals Act 2004, section 136 (Repeals) expires.

health service provider—

(a) means a person who provides health services at a health facility or uses the equipment or other facilities of a health facility for the purpose of providing health services elsewhere; and

(b) includes a person registered under the Health Professionals Act 2004.

board means 1 of the following boards, unless the board has ceased to exist:

(a) the chiropractors and osteopaths board;

(b) the dental board;

(c) the nurses board;

(d) the optometrists board;

(e) the pharmacy board;

(f) the physiotherapists board;

(g) the veterinary surgeons board.

election means an election held for 1 of the following Acts:

(a) the Chiropractors and Osteopaths Act;

(b) the Dentists Act;

(c) the Nurses Act;

(d) the Optometrists Act;

(e) the Pharmacy Act;

(f) the Physiotherapists Act;

(g) the Veterinary Surgeons Act.

Note The Health Professionals Act 2004, s 136 repeals the Acts mentioned in pars (a) – (f).

prescribed Act means the Chiropractors and Osteopaths Act, the Dentists Act, the Nurses Act, the Optometrists Act, the Pharmacy Act, the Physiotherapists Act or the Veterinary Surgeons Act.

Note The Health Professionals Act 2004, s 136 repeals the Acts, other than the Veterinary Surgeons Act, mentioned in this definition.

register means each of the following registers:

(a) for an election held for the Chiropractors and Osteopaths Act—the register of chiropractors or the register of osteopaths kept under that Act;

(b) for an election held for the Dentists Act—the register of dentists kept under that Act;

(c) for an election held for the Nurses Act—the register of nurses kept under that Act;

(d) for an election held for the Optometrists Act—the register of optometrists kept under that Act;

(e) for an election held for the Pharmacy Act—the register of pharmacists kept under that Act;

(f) for an election held for the Physiotherapists Act—the register of physiotherapists kept under that Act;

(g) for an election held for the Veterinary Surgeons Act—the register of veterinary surgeons kept under that Act.

Note The Health Professionals Act 2004, s 136 repeals the Acts mentioned in pars (a) – (f).

registered practitioner means the following:

(a) for an election held for the Chiropractors and Osteopaths Act—a person registered as a chiropractor or osteopath under that Act;

(b) for an election held for the Dentists Act—a person registered as a dentist under that Act;

(c) for an election held for the Nurses Act—a person registered under that Act;

(d) for an election held for the Optometrists Act—a person registered under that Act;

(e) for an election held for the Pharmacy Act—a person registered under that Act;

(f) for an election held for the Physiotherapists Act—a person registered under that Act;

(g) for an election held for the Veterinary Surgeons Act—a person registered under that Act.

Note The Health Professionals Act 2004, s 136 repeals the Acts mentioned in pars (a) – (f).

Note The Health Professionals Act 2004, s 136 repeals the Acts mentioned in pars (a) – (g).

board means 1 of the following boards, unless the board has ceased to exist:

(a) the chiropractors and osteopaths board established under the Chiropractors and Osteopaths Act;

(b) the dental board established under the Dentists Act;

(c) the nurses board established under the Nurses Act;

(d) the optometrists board established under the Optometrists Act;

(e) the pharmacy board established under the Pharmacy Act;

(f) the physiotherapists board established under the Physiotherapists Act;

(g) the podiatrists board established under the Podiatrists Act;

(h) the psychologists board established under the Psychologists Act;

(i) the veterinary surgeons board established under the Veterinary Surgeons Act.

Note The Health Professionals Act 2004, s 136 repeals the Acts mentioned in pars (a) – (h).

proceeding means the following:

(a) in relation to the chiropractors and osteopaths board—an inquiry by the board under the Chiropractors and Osteopaths Act, section 32;

(b) in relation to the dental board—an inquiry by the board under the Dentists Act, section 31;

(c) in relation to the nurses board—an inquiry by the board under the Nurses Act, section 66;

(d) in relation to the optometrists board—an inquiry by the board under the Optometrists Act, section 40;

(e) in relation to the pharmacy board—an inquiry by the board under the Pharmacy Act, section 41;

(f) in relation to the physiotherapists board—an inquiry under the Physiotherapists Act, section 30F;

(g) in relation to the podiatrists board—an inquiry by the board under the Podiatrists Act, section 38;

(h) in relation to the psychologists board—an inquiry by the board under the Psychologists Act, section 38;

(i) in relation to the veterinary surgeons board—an inquiry by the board under the Veterinary Surgeons Act, section 45.

Note The Health Professionals Act 2004, s 136 repeals the Acts mentioned in pars (a) – (h).

(4) In this section:

registered practitioner means the following:

(a) in relation to a member of the chiropractors and osteopaths board—a person registered as a chiropractor or osteopath under the Chiropractors and Osteopaths Act;

(b) in relation to a member of the dental board—a person registered as a dentist under the Dentists Act;

(c) in relation to a member of the nurses board—a person registered or enrolled as a nurse under the Nurses Act;

(d) in relation to a member of the optometrists board—a person registered as an optometrist under the Optometrists Act;

(e) in relation to a member of the pharmacy board—a person registered as a pharmacist under the Pharmacy Act;

(f) relation to a member of the physiotherapists board—a person registered as a physiotherapist under the Physiotherapists Act;

(g) in relation to a member of the podiatrists board—a person registered as a podiatrist under the Podiatrists Act;

(h) in relation to a member of the psychologists board—a person registered as a psychologist under the Psychologists Act;

(i) in relation to a member of the veterinary surgeons board—a person registered as a veterinary surgeon under the Veterinary Surgeons Act.

Note The Health Professionals Act 2004, s 136 repeals the Acts mentioned in pars (a) – (h).

a Health Registration Act

the Health Professionals Act

a Health Registration Act

the Health Professionals Act

This part modifies this Act.

Health Professionals Act—

(a) means the Health Professionals Act 2004; and

(b) includes the following Acts:

(i) Chiropractors and Osteopaths Act 1983;

(ii) Dental Technicians and Dental Prosthetists Registration Act 1988;

(iii) Dentists Act 1931;

(iv) Nurses Act 1988;

(v) Optometrists Act 1956;

(vi) Pharmacy Act 1931;

(vii) Physiotherapists Act 1977;

(viii) Podiatrists Act 1994;

(ix) Psychologists Act 1994.

This part expires on the day the Health Professionals Act 2004, section 136 (Repeals) expires.

Health Professionals Act means the Health Professionals Act 2004.

health professional means a doctor or nurse.

Medical Practitioners Act 1930, part 4 (The conduct of medical practice)

Nurses Act 1988, section 61 (l) (Cancellation or suspension of registration or enrolment)

(1) This section applies to the Public Health Act 1997 Determination of a Code of Practice DI2001-187.

(2) A reference in the code of practice under the determination to a health care professional is taken to be a reference to—

(a) a person registered under the Health Professionals Act 2004; or

(b) a person mentioned in the dictionary to the code, definition of health care professional; but

(c) does not include a person mentioned under paragraph (b) if the board with which the person was registered has ceased to exist.

(3) This section expires on the day the Health Professionals Act 2004, section 136 (Repeals) expires.

This part modifies this Act.

(a) is taken to be a failure to exercise adequate care in practising nursing for the Health Professionals Act 2004 or the Nurses Act 1988, section 61 (l) (Cancellation or suspension of registration or enrolment) (unless the Nurses Act 1988 is repealed); and

(a) a person registered as a psychologist under the Health Professionals Act 2004; or

(ab) a registered psychologist under the Psychologists Act 1994 (unless repealed); or

This part expires on the day the Health Professionals Act 2004, section 136 (Repeals) expires.

(a) a person registered as a psychologist under the Health Professionals Act 2004; or

This part modifies these regulations.

health professional—

(a) means a person registered under the Health Professionals Act 2004; and

(b) includes a person registered under 1 of the following Acts (unless repealed):

(i) Chiropractors and Osteopaths Act 1983;

(ii) Dental Technicians and Dental Prosthetists Registration Act 1988;

(iii) Dentists Act 1931;

(iv) Nurses Act 1988;

(v) Optometrists Act 1956;

(vi) Pharmacy Act 1931;

(vii) Physiotherapists Act 1977;

(viii) Podiatrists Act 1994;

(ix) Psychologists Act 1994.

psychologist means—

(a) a person registered as a psychologist under the Health Professionals Act 2004; and

(b) a person registered under the Psychologists Act 1994 (unless repealed).

This part expires on the day the Health Professionals Act 2004, section 136 (Repeals) expires.

health professional means a person registered under the Health Professionals Act 2004.

psychologist means a person registered as a psychologist under the Health Professionals Act 2004.

This chapter modifies this Act.

or the Chiropractors and Osteopaths Act 1983 (unless repealed)

or the Chiropractors and Osteopaths Act 1983 (unless repealed)

or the Physiotherapists Act 1977 (unless repealed)

This chapter expires on the day the Health Professionals Act 2004, section 136 (Repeals) expires.

Note For the meaning of nurse, see the Legislation Act, dict, pt 1.

This part modifies these regulations.

This part expires on the day the Health Professionals Act 2004, section 136 (Repeals) expires.

• Chiropractors and Osteopaths (Examination) Determination 2002 (No 1) NI2002-326

• Chiropractors and Osteopaths (Examination) Determination 2002 (No 2) NI2002-327

• Chiropractors and Osteopaths (Fees) Determination 2003 (No 1) DI2003-241

• Health Professions Boards (Elections) – Election of One Member of the Chiropractors and Osteopaths Board of the Australian Capital Territory 2003 Declaration of Nominations NI2003-115

• Election of Two Members of the Chiropractors and Osteopaths Board of the Australian Capital Territory Declarations of Nominations and Successful Candidates NI2002-35

• Health Professions Boards (Elections)—Election of One Member of the Chiropractors and Osteopaths Board of the Australian Capital Territory 2003 Declaration of Successful Candidate 2003 NI2003-171

• Health Professions Boards (Procedures)—Chiropractors and Osteopaths Board of the ACT 2003 (No 1) DI2003-166

dental prosthetist means a person registered as a dental prosthetist under the Health Professionals Act 2004.

dental technician means a person registered as a dental technician under the Health Professionals Act 2004.

• Dental Technicians and Dental Prosthetists—Determination of Fees 2003 (No 1) DI2003-115

• Health Professions Boards (Procedures)—Dental Technicians and Dental Prosthetists Board of the ACT 2003 (No 1) DI2003-43

registered under the Dentists Registration Act 1931

(a) means a person unconditionally registered as a dentist under the Health Professionals Act 2004; and

(b) for an activity, includes a person conditionally registered as a dentist under the Health Professionals Act 2004 to the extent that the person is allowed to do the activity under the person’s conditional registration.

• Dentists Act 1931—Determination of Fees 2002 DI2002-100

• Election of Three Members of the Dental Board of the Australian Capital Territory 2002 Declaration of Nominations NI2002-159

• Health Professions Boards (Elections) Election of Three Members of the Dental Board of the Australian Capital Territory 2002 Declaration of Successful Candidates NI2002-219

• Health Professions Boards (Procedures)—Dental Board of the ACT 2002 (No 1) DI2002-205

registered medical practitioner

doctor

(1) A doctor may give a dental service.

(2) If a doctor gives a dental service, the service is taken to be a medical service for the purpose of recovering payment for the service.

intern means a person who is conditionally registered as a medical practitioner under the Health Professionals Act 2004 because the person would be entitled to apply for unconditional registration if the person had completed a period of supervised training that the person has started.

medical board means the medical board established under the Health Professionals Act 2004.

doctor—

(a) means a person unconditionally registered as a medical practitioner under the Health Professionals Act 2004; and

(b) for an activity, includes a person conditionally registered as a medical practitioner under the Health Professionals Act 2004 to the extent that the person is allowed to do the activity under the person’s conditional registration.

registered medical practitioner’s

doctor’s

registered medical practitioner

doctor

• section 42 (2) (c)

• section 56

• section 56B (2) (b)

registered medical practitioners

doctors

• section 56 (3)

• section 56B (2) (b) (ii)

medical practitioner

doctor

• section 3, definition of authorised medical practitioner

• section 70 (9) (a)

• section 146 (1)

• section 173

• section 206 (6) (b)

(a) a member who is a doctor registered under the Health Professionals Act 2003 in the specialist area of radiology; and

registered medical practitioner

doctor

• section 6AA (3) (b)

• section 14

• section 20 (f)

• Health Professions Boards (Elections) Election of Three Members of the Medical Board of the Australian Capital Territory 2002 Declaration of Nominations NI2002-192

• Health Professions Boards (Elections) Election of Three Members of the Medical Board of the Australian Capital Territory 2002 Declaration of Successful Candidates NI2002-270

• Health Professions Boards (Procedures)—Appointment of Solicitor 2003 (No 2) NI2003-63

• Health Professions Boards (Procedures)—Appointment of Solicitor 2003 (No 3) NI2003-331

• Health Professions Boards (Procedures)—Appointment of Solicitor 2003 (No 4) NI2003-343

• Health Professions Boards (Procedures)—Medical Board Appointments 2003 (No 1) DI2003-187

• Health Professions Boards (Procedures)—Medical Board of the ACT Appointments 2002 (No 1) DI2002-174

• Health Professions Boards (Procedures)—Medical Board of the ACT Appointments 2002 (No 2) DI2002-188

• Health Professions Boards (Procedures) Election of Deputy Chairperson of the Medical Board 2003 (No 1) NI2003-310

• Medical Practitioners – Abortion – Approval of a medical facility 2002 (No 1) NI2002-294

• Medical Practitioners – Abortion – Approval of a medical facility 2002 (No 2) NI2002-295

• Medical Practitioners – Abortion – Approval of a medical facility 2002 (No 3) NI2002-296

• Medical Practitioners – Abortion – Approval of a medical facility 2002 (No 4) NI2002-297

• Medical Practitioners – Abortion – Approval of a medical facility 2002 (No 5) NI2002-298

• Medical Practitioners (Advertising) Regulations 1985 SL1985-14

• Medical Practitioners Act 1930 Determination of Fees 2001 DI2001-91

• Medical Practitioners – Publication of registered medical practitioners 2003 (No 1) NI2003-117

registered nurse—

(a) see the Legislation Act, dictionary, part 1, definition of nurse; and

(b) includes a person registered under a corresponding law of a State.

(c) a person registered under the Health Professionals Act 2004 as a nurse; or

Note Registered includes enrolled (see Health Professionals Act 2004, dict).

registered midwife under the Nurses Act 1988

a person registered as a nurse under the Health Professionals Act 2004 in the specialist area of midwifery

enrolled nurse means a person enrolled as a nurse under the Health Professionals Act 2004.

nurse—see Legislation Act, dictionary, part 1.

(a) means a person unconditionally registered as a nurse under the Health Professionals Act 2004; and

(b) for an activity, includes a person conditionally registered as a nurse under the Health Professionals Act 2004 to the extent that the person is allowed to do the activity under the person’s conditional registration; but

(c) does not include an enrolled nurse.

Note Under the Mutual Recognition Act 1992 (Cwlth), s 25 people registered as nurses in a State may be deemed to be registered in the ACT.

nurse practitioner means a person registered as a nurse under the Health Professionals Act 2004 in the specialist area of nurse practitioner.

Note Under the Mutual Recognition Act 1992 (Cwlth), s 25 people registered as nurses in a specialty in a State may be deemed to be registered in the specialty in the ACT.

mental health nurse means a person registered as a nurse under the Health Professionals Act 2004 in the specialist area of mental health nurse.

Note Under the Mutual Recognition Act 1992 (Cwlth), s 25 people registered as nurses in a specialty in a State may be deemed to be registered in the specialty in the ACT.

nurse—

(a) see the Legislation Act, dictionary, part 1, definition of nurse; and

(b) includes a person enrolled as a nurse under the Health Professionals Act 2004.

Note Under the Mutual Recognition Act 1992 (Cwlth), section 25 people registered or enrolled as nurses in a State may be deemed to be registered or enrolled in the ACT.

enrolled nurse means a person enrolled as a nurse under the Health Professionals Act 2004.

registered nurse—see Legislation Act, dictionary, part 1, definition of nurse.

• Health Professions Boards (Elections) Election of Two Members of the Nurses Board of the Australian Capital Territory 2002 Declaration of Nominations NI2002-372

• Health Professions Boards (Elections) Election of Four Members of the Nurses Board of the Australian Capital Territory 2002 Declarations of Nominations and Successful Candidates NI2002-324

• Health Professions Boards (Elections)—Election of Two Members of the Nurses Board of the Australian Capital Territory 2003 Declaration of successful candidates NI2003-46

• Health Professions Boards (Procedures)—Nurses Board of the ACT Appointments 2002 (No 2) DI2002-219

• Health Professions Boards (Procedures)—Appointment of Solicitor 2003 (No 1) NI2003-56

• Health Professions Boards (Procedures) - Nurses Board of the ACT Appointment 2003 (No 1) NI2003-72

• Nurses Act 1998 Determination of Fees 1996 DI1996-5

• Nurses (Registered or Enrolled) Notice 2003 (No 1) NI2003-188

• Health Professions Boards (Elections) Election of One Members of the Optometrists Board of the Australian Capital Territory 2003 Declarations of Nominations and Successful Candidates NI2003-45

• Health Professions Boards (Procedures) Optometrist Board Appointments 2002 (No 1) DI2002-175

• Optometrists—Determination of Fees 2003 (No 1) DI2003-117

(a) means a person unconditionally registered as a pharmacist under the Health Professionals Act 2004; and

(b) for an activity, includes a person conditionally registered as a pharmacist under the Health Professionals Act 2004 to the extent that the person is allowed to do the activity under the person’s conditional registration.

• Election of three members of the Pharmacy Board of the Australian Capital Territory Declaration of Nominations NI2002-101

• Election of Three Members of the Pharmacy Board of the Australian Capital Territory 2002 Declaration of Successful Candidates NI2002-151

• Health Professions Boards (Elections) Election of Three Members of the Pharmacy Board of the Australian Capital Territory 2002 Declaration of Successful Candidates NI2002-191

• Health Professions Boards (Procedures) (Pharmacy Board Deputy Chairperson Election) Notice 2004 (No 1) NI2004-37

• Health Professions Boards (Procedures)—Pharmacy Board of the ACT 2002 (No 1) DI2002-199

• Health Professions Boards (Procedures)—Pharmacy Board of the ACT 2003 (No 1) DI2003-188

• Health Professions Boards (Procedures)—Pharmacy Board of the ACT 2003 (No 1) NI2003-263

• Pharmacy (Fees) Determination 2003 (No 1) DI2003-114

physiotherapist means a person registered as a physiotherapist under the Health Professionals Act 2004.

physiotherapist means a person registered as a physiotherapist under the Health Professionals Act 2004.

• Health Professions Boards (Elections) Election of Three Members of the Physiotherapists Board of the Australian Capital Territory 2002 Declarations of Nominations and Successful Candidates NI2002-299

• Physiotherapists Board of the ACT Appointments 2002 (No 1) DI2002-168

• Physiotherapists—Determination of Fees 2003 (No 1) DI2003-116

(1) This section applies to the Poisons (Fees) Determination 2004 (No 1) DI2004-8.

(2) A reference in the determination to a registered podiatrist under the Podiatrist Act 1994 is taken to be a reference to a person registered as a podiatrist under the Health Professionals Act 2004.

(3) This section expires on the day the Health Professionals Act 2004, section 136 (Repeals) expires.

• Podiatrists Act 1994 Appointment DI2001-194

• Podiatrists Act 1994 Appointment DI2001-195

• Podiatrists Act 1994 Appointment DI2001-196

• Podiatrists Act 1994 Appointment DI2001-197

• Podiatrists Act 1994 Appointment DI2001-198

• Podiatrists (Fees) Determination 2004 (No 1) DI2004-6

health professional—see the Health Professionals Act 2004, section 14.

• Health Professions Boards (Procedures) (Psychologists Board Chairperson Election) Notice 2004 (No 1) NI2004-44

• Health Professions Boards (Procedures)—Psychologists Board of the ACT 2003 (No 1) DI2003-42

• Health Professions Boards (Procedures)—Psychologists Board of the ACT 2003 (No 2) DI2003-80

• Psychologists Board Appointments 2001 DI2001-318

• Psychologists Act 1994 Determination of Fees 1997 DI1997-163

• Psychologists—Determination of Fees 2003 (No 1) DI2003-94

(1) The board consists of—

(a) a chairperson appointed under the Health Professions Boards (Procedures) Act 1981 (repealed); and

(b) 2 other members appointed under that Act; and

(c) 2 members elected, as occasion requires, under the Health Professions Boards (Elections) Act 1980 (repealed).

• Health Professions Boards (Elections) Act 1980—Form 1 AF2002-98

• Health Professions Boards (Elections) Act 1980—Form 2 AF2002-99

• Health Professions Boards (Elections) Act 1980—Form 3 AF2002-100

Presentation speech made in the Legislative Assembly on 2004.

Notified under the Legislation Act on 2004.

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