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Legislative Assembly for the ACT: 2006 Week 10 (19 October) . . Page.. 3274..


MS GALLAGHER (continuing):

  • In the Health Professionals Act 2004 a power to allow the Health Professionals Tribunal to award costs in appropriate circumstances;

  • In the Health Professionals Act 2004 an amendment to protect a health professional from being directed or incited to engage in unprofessional conduct;

  • In the Gene Technology Act 2003 amendments have been made to section 194 to allow the ACT to rely on the independent review of the operation of the act conducted by the commonwealth to satisfy the requirements for an independent review of the corresponding ACT legislation;

  • In the Health Professionals Act 2004 an amendment to section 43 to allow the presidential member of the tribunal to select a person from a list of health professionals approved by the minister to sit on the tribunal and to make clear that lay members of the tribunal are only appointed for the duration of a hearing;

  • In the Health Professionals Act 2004 an amendment to section 14 to list the health professions regulated by the act;

  • In the Health Act 1993 an amendment to ensure that the retrospective approval of medical facilities to undertake pregnancy terminations made under section 30D are valid;

  • In the Health Professionals Act 2004 an amendment to section 58 to allow the presidential member to order that a person undergo a stated medical, psychiatric or psychological assessment at the preliminary hearing stage;

  • An amendment to principle 12 of schedule 1 of the Health Records (Privacy and Access) Act 1997 to allow for the consumer to provided with their health record or a copy of their health record as well as a summary of their health record when transferring to a new health service provider or from one health practice to another;

  • In the Health Professionals Act 2004 an amendment to various sections to allow the president of the tribunal to continue to hear a matter in the absence of any of the lay members of the tribunal and to allow the presidential member a casting vote in any decision it makes;

  • An amendment to the Health Professionals Act 2004 to reduce by one the number of lay members on the tribunal and to allow the president of the tribunal, a magistrate, to represent the community expectations in the tribunal; and

  • In the Health Professionals Act 2004 an amendment to section 59 to allow the presidential member to order a warrant for a witness to attend proceedings brought under the act.

One of the main reasons for putting forward this bill is to make amendments to existing ACT Health legislation for the purposes of ensuring legislative consistency with the Human Rights Act. In addition, the consequential amendments arising from the transfer of the health professional registration legislation to the Health Professionals Act 2004


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