Health Professionals (Special Events Exemption) Act 1998
An Act to allow visiting health professionals to provide health care services to visitors to the State in connection with special events without becoming registered under State law and for related purposes
[Royal Assent 22 May 1998]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
PART 1 - Preliminary
This Act may be cited as the Health Professionals (Special Events Exemption) Act 1998 .
This Act commences on a day to be proclaimed.
In this Act, unless the contrary intention appears –controlled substance means a substance specified in Schedule 2, 3, 4 or 8 of the Poisons List ;exemption period, in relation to a special event, means the period or periods specified in an order under section 4 that applies to the event;health care services means –[Section 3 Amended by No. 20 of 2001, Sched. 6, Applied:03 Oct 2001] [Section 3 Amended by No. 90 of 2001, Sched. 6, Applied:01 Apr 2002] [Section 3 Amended by No. 106 of 1999, Sched. 6, Applied:01 Mar 2000] [Section 3 Amended by No. 9 of 2000, s. 82, Applied:01 Oct 2000] [Section 3 Amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010](a) services ordinarily provided by chiropractors, dental prosthetists, dental technicians, dentists, medical practitioners, nurses, optical dispensers, optometrists, osteopaths, pharmacists, physiotherapists, podiatrists and psychologists; or(b) any other prescribed services;[Section 3 Amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010] Health Registration Act means the Health Practitioner Regulation National Law (Tasmania);[Section 3 Amended by No. 7 of 2012, s. 21, Applied:01 Jul 2012][Section 3 Amended by No. 7 of 2012, s. 21, Applied:01 Jul 2012] Poisons List has the same meaning as in the Poisons Act 1971 ;prepare includes train, practise, rehearse and acclimatise;regulations means regulations made and in force under this Act;relevant special event, in relation to a visiting health professional, means the special event in respect of which the visiting health professional has been appointed, employed, contracted or otherwise engaged for the purpose of providing health services to visitors to the State;special event means an event, or class of events, that is declared to be a special event by order under section 4 ;substance has the same meaning as in the Poisons Act 1971 ;supply has the same meaning as in the Poisons Act 1971 .
PART 2 - Special events exemption for visiting health professionals
(1) The Minister may, by order published in the Gazette, declare an event or class of events specified in the order to be a special event for the purposes of this Act.(2) Such an order may be made in relation to any sporting, cultural or other event that –(a) is expected to take place or is taking place in the State and will, in the opinion of the Minister, attract a significant number of participants from other countries; or(b) is expected to take place or is taking place in another State, or in a Territory, and will, in the opinion of the Minister, attract a significant number of participants from other countries, some of whom are likely to come to this State to prepare for the event.(3) The order is to specify a period or periods in which an exemption under this Act has effect in respect of a special event.(4) The exemption period for a special event may include any period or periods before or after the special event takes place.(5) The order may require notice to be given, to a person or body specified in the order, of a person's intention to provide health care services in the State to a visitor and in such a case the order is to specify a procedure for giving that notice.(6) The order may, in its operation in relation to any matter dealt with in the order, apply generally or apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the order.(7) An order under this section is not a statutory rule within the meaning of the Rules Publication Act 1953 .
A person is a visitor for the purposes of this Act if –(a) the person is a resident of another country and is in the State for the purpose of –(i) officially participating in a special event or preparing for a special event; or(ii) managing, instructing or otherwise supporting or assisting a person who is officially participating in a special event or preparing for a special event; or(b) the person is a resident of Australia and is in the State for such a purpose and is a member of a group the majority of which is comprised of persons referred to in paragraph (a) who are in the State for the same purpose.
6. Definition of "visiting health professionals"
A person is a visiting health professional for the purposes of this Act if –(a) the person is an individual who is a resident of another country; and(b) the person is appointed, employed, contracted or otherwise engaged to provide health care services to a visitor in relation to a special event; and(c) where required by the order declaring the special event, notice is given in accordance with the order of the person's intention to provide health care services in the State to a visitor.
7. Provision of health care services by visiting health professionals
(1) A visiting health professional is authorised to provide health care services to the visitors for whom the health professional has been appointed, employed, contracted or otherwise engaged as referred to in section 6 .(2) This section operates in relation to a visiting health professional only –(a) during the exemption period for the relevant special event; and(b) while the health professional is complying with the provisions of this Act, the regulations and any relevant conditions imposed in accordance with this Act.
8. Conditions on practice by visiting health professionals
(1) An order under section 4 may impose conditions on the provision of health care services by a visiting health professional.(2) Such a condition may apply generally or apply to a particular special event or to a particular person or class of persons specified in the order.(3) The regulations may also make provision for or with respect to conditions to be imposed on the provision of health care services by a visiting health professional.
9. Issue of prescriptions and supply of controlled substances
(1) A visiting health professional may issue a written prescription for a controlled substance only if authorised to do so by an order under section 4 .(2) The Minister may, by an order under section 4 –(a) authorise a visiting health professional or class of visiting health professionals to issue written prescriptions for controlled substances, or controlled substances of a class specified in the order, in the course of providing health care services in accordance with this Act; and(b) [Section 9 Subsection (2) amended by No. 90 of 2001, Sched. 6, Applied:01 Apr 2002] [Section 9 Subsection (2) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010] authorise the supply by a pharmacist of controlled substances on such a prescription; and(c) authorise a visiting health professional or class of visiting health professionals to be supplied with any substance by wholesale; and(d) [Section 9 Subsection (2) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010] authorise any person or class of persons to supply any substance by wholesale to any visiting health professional, authorised as referred to in paragraph (c) , but only if the person or class of persons is licensed or otherwise authorised under the Poisons Act 1971 to supply the substance by wholesale to a medical practitioner.(3) The Minister must not make an order containing an authorisation referred to in subsection (2) if the Minister is not satisfied that adequate arrangements are in place to ensure that the substances concerned will only be prescribed for and supplied to persons to whom visiting health professionals are authorised to provide health care services under this Act.(4) An order under section 4 may impose conditions on any authorisation referred to in this section that is conferred by the order.(5) Such a condition may apply generally, to a particular special event or to a particular person or class of persons specified in the order.
10. Exemptions relating to offences
(1) [Section 10 Subsection (1) amended by No. 95 of 2001, Sched. 2, Applied:01 Jun 2002] A visiting health professional does not commit an offence under a Health Registration Act, the Misuse of Drugs Act 2001 or the Poisons Act 1971 for –(a) providing health care services that he or she is authorised by this Act to provide; or(b) possessing or supplying a substance that he or she is authorised by this Act to possess or supply, in the course of providing those authorised health care services; or(c) prescribing a substance in accordance with this Act; or(d) holding himself or herself out as being able to provide those authorised health care services; or(e) using any name, initials, description, word, symbol, addition or title that he or she ordinarily uses.(2) [Section 10 Subsection (2) amended by No. 95 of 2001, Sched. 2, Applied:01 Jun 2002] A visitor does not commit an offence under the Poisons Act 1971 or the Misuse of Drugs Act 2001 for doing anything, or possessing any substance, as a result of being provided with health care services in accordance with this Act.(3) [Section 10 Subsection (3) amended by No. 95 of 2001, Sched. 2, Applied:01 Jun 2002] A person does not commit an offence under the Poisons Act 1971 or the Misuse of Drugs Act 2001 for –(a) supplying a controlled substance in accordance with a written prescription issued by a visiting health professional if –(i) the health professional is authorised in accordance with this Act to issue the prescription; and(ii) the person is authorised in accordance with this Act to supply the substance on such a prescription; or(b) supplying a substance by wholesale to a visiting health professional if –(i) the person is authorised in accordance with this Act to supply the substance by wholesale; and(ii) the visiting health professional is authorised in accordance with this Act to be supplied with the substance by wholesale; and(iii) the person is complying with the conditions, if any, to which the person's authorisation under the Poisons Act 1971 is subject.(4) The regulations may prescribe other offences to which subsection (1) , (2) or (3) applies.
PART 3 - Miscellaneous
11. Complaints about visiting health professionals
(1) A complaint may not be made about a visiting health professional under the Health Complaints Act 1995 or a Health Registration Act and no disciplinary action may be taken against a visiting health professional under that Act or any of those Acts.(2) Subsection (1) –(a) does not apply to complaints about a person who is registered under a Health Registration Act; and(b) does not prevent the bringing of proceedings for an offence under the Health Complaints Act 1995 or a Health Registration Act.
12. Application of Act to particular events or persons
(1) The Minister may, by order published in the Gazette, declare that this Act, or a specified provision of this Act, does not apply to a specified event or to a specified person or class of persons.(2) An order under subsection (1) is not a statutory rule within the meaning of the Rules Publication Act 1953 .
13. Act does not limit the practice of registered health professionals
This Act does not prejudice or affect the lawful occupation, trade or business of any person who is registered under a Health Registration Act.
(1) The Governor may make regulations for the purposes of this Act.(2) The regulations may be made so as to apply generally or to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations.(3) The regulations may authorise any matter to be from time to time determined, applied or regulated by the Minister.(4) The regulations may –(a) provide that a contravention of, or a failure to comply with, any of the regulations is an offence; and(b) in respect of such an offence, provide for the imposition of a fine not exceeding 20 penalty units and, in the case of a continuing offence, a further fine not exceeding 2 penalty units for each day during which the offence continues.
(1) The Minister must review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.(2) The review is to be undertaken before the end of the 4 year period following the day proclaimed under section 2 .(3) A report on the outcome of the review is to be tabled in each House of Parliament within 2 months after the end of the 4 year period.
Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990 –(a) the administration of this Act is assigned to the Minister for Community and Health Services; and(b) the Department responsible to the Minister for Community and Health Services in relation to the administration of this Act is the Department of Community and Health Services.