A Bill for an Act to make amendments consequential on uniform legislation relating to the regulation of health practitioners, and for related purposes
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Health Practitioner Regulation (Consequential Amendments) Act 2010.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
| Commencement information |
| Column 1 | Column 2 | Column 3 |
| Provision(s) | Commencement | Date/Details |
| 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | |
| 2. Schedule 1 | A single day to be fixed by Proclamation. | |
Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Part 1—Amendments
Crimes Act 1914
1 Subsection 3(1) (definition of nurse)
Omit “registered”.
Health Insurance Act 1973
2 Subsection 3(1) (definition of consultant physician)
Repeal the definition, substitute:
consultant physician: a medical practitioner is a consultant physician, in relation to a particular specialty, if:
(a) the following conditions are satisfied:
(i) the medical practitioner is registered in that specialty under a law of a State or Territory;
(ii) that specialty is prescribed by the regulations for the purpose of this paragraph;
(iii) the medical practitioner satisfies any other requirements prescribed by the regulations in relation to that specialty for the purpose of this paragraph; or
(b) regulations for the purpose of this paragraph provide that the medical practitioner is a consultant physician in relation to that specialty.
3 Subsection 3(1) (definition of general practitioner)
Repeal the definition, substitute:
general practitioner means:
(a) a medical practitioner who is registered under a law of a State or Territory in the specialty of general practice; or
(b) a medical practitioner of a kind prescribed by the regulations for the purpose of this paragraph.
4 Subsection 3(1) (definition of medical practitioner)
Repeal the definition, substitute:
medical practitioner means a person who is registered under a law of a State or Territory as a medical practitioner.
5 Subsection 3(1)
Insert:
nurse means:
(a) a person who is registered under a law of a State or Territory as a registered nurse (Division 1); or
(b) a person who is registered under a law of a State or Territory as an enrolled nurse (Division 2).
6 Subsection 3(1) (definition of nursing care)
Omit “registered”.
7 Subsection 3(1) (definition of professional attention)
Repeal the definition.
8 Subsection 3(1) (definition of registered nurse)
Repeal the definition.
9 Subsection 3(1) (definition of specialist)
Repeal the definition, substitute:
specialist: a medical practitioner is a specialist, in relation to a particular specialty, if:
(a) the following conditions are satisfied:
(i) the medical practitioner is registered in that specialty under a law of a State or Territory;
(ii) that specialty is prescribed by the regulations for the purpose of this paragraph;
(iii) the medical practitioner satisfies any other requirements prescribed by the regulations in relation to that specialty for the purpose of this paragraph; or
(b) regulations for the purpose of this paragraph provide that the medical practitioner is a specialist in relation to that specialty.
10 Subsection 3(1) (definition of vocationally registered general practitioner)
Repeal the definition.
11 Sections 3D to 3G
Repeal the sections.
12 Subsection 3GC(6A)
Repeal the subsection, substitute:
(7) In this section:
medical college means an organisation that is:
(a) accredited by the Australian Medical Council as a specialist medical college; and
(b) specified by the Minister, by notice in writing to the Medical Training Review Panel, for the purpose of this definition.
(8) A notice under the definition of medical college in subsection (7) is not a legislative instrument.
13 Section 3H
Repeal the section.
14 Subsection 19C(2)
Repeal the subsection, substitute:
(2) In this section:
registration of a medical practitioner, means the practitioner’s registration under a law of a State or Territory as a medical practitioner.
15 Paragraphs 19C(3)(a) and (b)
Repeal the paragraphs, substitute:
(a) a medical practitioner is not authorised under the practitioner’s registration to render a particular professional service; and
(b) the practitioner renders such a service;
16 Paragraphs 19C(4)(a) and (b)
Repeal the paragraphs, substitute:
(a) a medical practitioner is authorised under the practitioner’s registration to render a particular professional service only in particular circumstances; and
(b) the practitioner renders such a service in other circumstances;
17 Before subsection 19CB(1)
Insert:
(1A) In this section:
registration of a medical practitioner, means the practitioner’s registration under a law of a State or Territory as a medical practitioner.
18 Paragraphs 19CB(1)(a) and (b)
Repeal the paragraphs, substitute:
(a) is not authorised under the practitioner’s registration to render a particular professional service; or
(b) is authorised under the practitioner’s registration to render a particular professional service only in particular circumstances;
19 Subsection 19CB(1)
Omit “in that State or Territory”.
20 Paragraph 19CB(1)(d)
Omit “licence”, substitute “registration”.
21 Subsection 19CB(3)
Omit “a practitioner’s licence to render the professional service in the State or Territory, or to render the professional service in the State or Territory”, substitute “the practitioner’s registration to render the professional service, or to render the professional service”.
22 Subsection 19DA(1) (definition of deregistered practitioner)
Repeal the definition, substitute:
deregistered practitioner means a person:
(a) who was registered under a law of a State or Territory as a medical practitioner; but
(b) who is not currently registered under a law of a State or Territory as a medical practitioner.
23 Paragraphs 106XB(2)(c) and (d)
After “appropriate body”, insert “or bodies”.
24 Subsection 106XB(3)
Repeal the subsection, substitute:
(3) The appropriate body or bodies for the purpose of paragraphs (2)(c) and (d) are:
(a) if the practitioner is a medical practitioner—the Medical Board of Australia; or
(b) in any other circumstances—the body or bodies specified in the regulations for the purpose of those circumstances.
(4) In this section:
Medical Board of Australia means the Medical Board of Australia referred to in section 31 of the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland.
25 Subsections 130(5C) and (5D)
Repeal the subsections.
Part 2—Transitional provisions
26 Definitions
In this Part:
commencement time means the time when this Schedule commences.
new law means the Health Insurance Act 1973 as in force after the commencement time.
old law means the Health Insurance Act 1973 as in force immediately before the commencement time.
27 Regulations may provide that certain persons are taken to be general practitioners
The Governor‑General may make regulations providing that persons who:
(a) at a time before the commencement time either:
(i) were registered as vocationally registered general practitioners under section 3F of the old law; or
(ii) had applied to be so registered; and
(b) satisfy any other conditions prescribed by those regulations;
are taken to be general practitioners, for the purposes of the new law, for the period specified in the regulations.
28 Saving of directions of the Minister about medicare payments in respect of services rendered
A direction of the Minister under subsection 19C(3) or (4) of the old law that is in force immediately before the commencement time is taken, on and after the commencement time, to be a direction of the Minister under subsection 19C(3) or (4) (as the case requires) of the new law.
29 Saving of directions of the Minister about rendering of unauthorised services
A direction of the Minister under subsection 19CB(1) of the old law that is in force immediately before the commencement time is taken, on and after the commencement time, to be a direction of the Minister under subsection 19CB(1) of the new law.