Page 4463 - Week 12 - Tuesday, 30 October 2018
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Briefly, the bill in schedule 1 amends the Health Act 1993, the Mental Health Act 2015, the Public Health Act 1997 and the Road Transport (Alcohol and Drugs) Act 1977 to reflect the changed regulatory scheme for nurse practitioners under the Health Practitioner Regulation National Law (ACT). These changes recognise new definitions and terminology that come with the health practitioner national law.
One of the many improvements that this bill delivers is a strengthened set of delegation powers. Schedule 1 amends the Ombudsman Act 1989 to allow the Ombudsman to enter into arrangements with the Head of Service to use the services of a public servant or territory facilities to engage consultants and contractors and to allow the Ombudsman to delegate the Ombudsman’s functions to a member of the Ombudsman staff. These changes will make it clearer that the Ombudsman has the powers necessary to engage the right services and the right staff to carry out its functions and to delegate as necessary to support efficient work.
There are also improvements in this bill to the way ACT public servants make delegations. Amendments to the Public Sector Management Act 1994 will mean that a public sector employer can delegate a function to any senior executive service member, which includes a director-general or an executive. The section currently provides for delegations to a staff member, an officer or employee or the Head of Service. This change will provide for more flexible delegation arrangements to reflect the dynamic structure of our ACT public service.
The legislative framework for governance of the University of Canberra is also improved in this bill. Amendments to the Remuneration Tribunal Act 1995 and also to the University of Canberra Act 1989 will remove the power of the Remuneration Tribunal to determine the remuneration, allowances and other entitlements of a member of the University of Canberra Council appointed under the University of Canberra Act 1989. This is because the University of Canberra Council determines its own pay arrangements and has not relied on the Remuneration Tribunal’s determination.
Schedule 3 contains minor or technical amendments of legislation that are initiated by the Parliamentary Council’s Office. It includes the correction of minor errors, updating of language, improving its syntax, omitting redundant provisions and improving the form of legislation.
Finally, schedule 4 of the bill repeals a redundant regulation. The Health Regulation 2004 regulated nurse practitioner positions and scopes of practice for nurse practitioners. However, the regulation was superseded in 2010 by the Health Practitioner Regulation National Law (ACT), which now regulates nurse practitioners.
I would like to express my appreciation for all members’ support for the technical amendments program. Again I would like to place on record my thanks to the members of the ACT public service who continue to work so very hard to ensure that the legislation in this territory is indeed fit for purpose. The technical amendments program is another example of the territory striving for the best and leading the way
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