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Legislative Assembly for the ACT: 2004 Week 05 Hansard (Friday, 14 May 2004) . . Page.. 1945 ..


orders made in 2002-03. There is one person currently on a community care order and one other person on a community care order with a restriction order.

This bill provides a comprehensive range of involuntary treatment, care and support for some of the most disadvantaged persons in our community. The alternative for these people with mental dysfunction and complex needs who may be assessed as being at high risk to themselves or the community is often the justice system.

In the longer term, I have committed ACT Health to commence a full review during the next financial year of the sections of the Mental Health (Treatment and Care) Act 1994 that are our administrative responsibility. It is five years since the recommendations of the last review were implemented in the 1999 amendments. Mental health acts require frequent review to be kept current with mental health and human rights best practice. I commend the Mental Health (Treatment and Care) Bill 2004 to the Assembly.

Debate (on motion by Mr Smyth) adjourned to the next sitting.

Pharmacy Amendment Bill 2004 (No 2)

Mr Corbell, pursuant to notice, presented the bill and its explanatory statement.

Title read by Clerk.

MR CORBELL (Minister for Health and Minister for Planning) (12.08): I move:

That this bill be agreed to in principle.

This bill has as its primary object that of facilitating the entry of friendly society pharmacies into the ACT by providing eligibility requirements for friendly societies which apply for registration under the Pharmacy Act 1931. This bill proposes to add a third category to the existing applicants that may be registered as pharmacists under the act. Currently, the act provides that natural persons and pharmacist-owned companies may be registered as pharmacists under the act. Whilst the amendment has the effect of enabling friendly societies to register as pharmacists, it also safeguards against unintended entrants by setting out criteria appropriate to friendly society pharmacies participating in the ACT pharmacy market.

In 2001, the Assembly considered an amendment to the Pharmacy Act 1931 that had the effect of requiring that the ownership of a pharmacy should be restricted to registered pharmacists and, in the case of company-owned pharmacies, the directors should also be registered pharmacists. The 2001 amendment to the Pharmacy Act received bipartisan support. The desired outcome of this amendment was to exclude unintended entrants into the pharmacy sector, such as supermarkets.

However, even during the amendment’s passage through this Assembly, it was acknowledged that friendly society pharmacies would unintentionally be excluded from providing pharmacy services in the ACT. During debate on the bill, a number of speakers indicated that they would be prepared to consider future amendments to the bill in order to permit friendly society pharmacies to operate in the ACT. The 2004


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