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Health Professions Registration
Amendment Bill 2008
Introduction Print
EXPLANATORY MEMORANDUM
General
This Bill amends the Health Professions Registration Act 2005 in relation
to matters relating to fees, registration, transitional provisions relating to
proceedings under repealed provisions and the growth of pharmacy
ownership for friendly society type companies.
Clause 1 sets out the main purposes of the Bill.
Clause 2 is the commencement provision. It provides for the Bill to come
into operation on the day after the day on which it receives the
Royal Assent.
Clause 3 defines the Health Professions Registration Act 2005 as the
Principal Act.
Clause 4 Subclause (1) amends section 5(1)(c) of the Principal Act to
provide for a fee fixed by the board in relation to an examination
for the purpose of qualifying for registration as a health
practitioner. Subclause (2) inserts a new section 5(1A) in the
Principal Act providing for a board to fix a fee to be paid by the
provider of a course of study that seeks approval of the course of
study for the purposes of section 5(1)(a) or 5(1)(ab).
Clause 5 amends section 9(4) of the Principal Act so that a board may
specify a period of up to 24 months of provisional registration,
rather than 12 months.
Clause 6 amends section 18(5)(b) of the Principal Act so that a person
registered under section 7(2) (midwifery) may apply for renewal
of his or her registration.
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Clause 7 Subclause (1) amends section 29(4)(c) of the Principal Act to
provide for a fee fixed by the board in relation to an examination
for the purpose of qualifying for endorsement of registration as a
health practitioner. Subclause (2) inserts a new section 29(4A)
into the Principal Act to enable the board to fix a fee to be paid
by the provider of a course of study that seeks approval of the
course of study for the purposes of section 29(4)(a).
Clause 8 amends section 130(3)(b) of the Principal Act so that a board
may also use alternative methods of communication for board
meetings (for example videoconference or teleconference) in
relation to decisions to suspend a health practitioner under
section 40.
Clause 9 substitutes section 169(1) of the Principal Act with a new
subsection. The current section 169(1) only applies to the
activities of persons who are deemed to be health practitioners or
students who were registered immediately before the
commencement of Part 2 of the Principal Act. The substituted
section 169(1) ensures that the Principal Act applies to activities
of such persons even if their registration was not current
immediately before Part 2 of the Principal Act came into
operation, to the extent that there was power in relation to those
activities under a relevant repealed provision listed in section 163
of the Principal Act--for example, power for a board to take a
proceeding such as initiating a prosecution.
Clause 10 amends section 174 of the Principal Act to extend the period
during which the section applies and to modify the cap on the
number of pharmacy businesses that may be owned by certain
companies.
� Section 174(2)(a) currently provides that the "applicable
period" during which the section applies is 1 July 2007
until 16 November 2008. Clause 10(1) substitutes
section 174(2)(a) of the Principal Act so that
section 174 applies on and from 1 July 2007.
Subsequent subclauses amend section 174 to omit
references to the "applicable period".
� Clause 10(3) provides for a penalty of 1200 penalty
units for a breach of the requirement in section 174(3)
which relates to the acquisition of pharmacy businesses.
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� Clause 10(4) amends section 174(4). The principal
amendment changes the date from which the cap is
calculated with respect to the number of pharmacy
businesses that a company referred to in section
174(4)(b) may own.
� Clause 10(5) amends section 174(5) so that it applies to
amalgamations that occur on or after 16 November 2004
and before 17 November 2008.
� Clause 10(6) inserts a new section 174(5A) which sets
out the cap that is to apply to a section 101(1)(e)
company that is formed by amalgamation on or after
17 November 2008. The cap on the amalgamated entity
is the largest of the caps on ownership applicable to the
individual companies that were amalgamated.
This differs from section 174(5) where the caps on the
individual companies are added together to calculate the
cap on the amalgamated entity.
� Clause 10(7) amends section 174(7) to include reference
to the new section 174(5A).
� Clause 10(8) inserts a new section 174(7) to define the
term "largest amalgamating company" which is used in
new section 174(5A).
Clause 11 repeals the Bill on the first anniversary of its commencement.
The repeal of the Bill does not affect the continuing operation of
the amendments made by it.
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