Professions
Health Registration Amendment Act 2008
No. 64 of 2008
table of provisions
Section Page
1 Purpose 1
2 Commencement 2
3 Principal Act 2
4 Qualifications for general registration 2
5 Provisional registration 3
6 Renewal of registration 3
7 Endorsements generally 3
8 Approved methods of communication for responsible board 3
9 What if no proceedings started before commencement of this Act? 4
10 Cap of growth of pharmacy ownership for friendly society type
companies 4
11 Repeal of amending Act 6
(((((((((((((((
Endnotes 7
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Victoria
Health Professions Registration Amendment Act 2008(
No. 64 of 2008
[Assented to 14 November 2008]
The Parliament of Victoria enacts:
1 Purpose
The main purpose of this Act is to amend the Health Professions
Registration Act 2005-
(a) to provide for the fixing of certain fees by responsible
boards;
(b) to allow nurses with specific registration as midwives to apply
for renewal of such registration;
(c) to increase the period of provisional registration;
(d) to enable responsible boards to suspend the registration of a
health practitioner at a meeting held by means of an approved
method, or combination of methods, of communication;
(e) to provide that investigations, inquiries, hearings or
proceedings in relation to certain activities that occurred
before section 163 of the Health Professions Registration Act
2005 came into operation may be commenced or undertaken under
that Act;
(f) to specify caps on the growth of pharmacy ownership for
friendly society type companies.
2 Commencement
s. 2
This Act comes into operation on the day after the day on which
it receives the Royal Assent.
3 Principal Act
See:
Act No.
97/2005.
Reprint No. 1
as at
1 September 2007.
LawToday:
www.
legislation.
vic.gov.au
In this Act, the Health Professions Registration Act 2005 is
called the Principal Act.
4 Qualifications for general registration
(1) In section 5(1)(c) of the Principal Act, after "practitioner"
insert "and has paid the fee fixed by the board in relation to
the examination (if any)".
(2) After section 5(1A) of the Principal Act insert-
"(1B) The responsible board may fix a fee to be paid by the provider
of a course of study or part of a course of study that must
accompany an application by the provider to the board for-
(a) approval of the course of study for the purposes of subsection
(1)(a); or
(b) approval of part of a course of study for the purposes of
subsection (1)(ab).".
5 Provisional registration
s. 5
In section 9(4) of the Principal Act, for "12" substitute "24".
6 Renewal of registration
In section 18(5)(b) of the Principal Act, after "section
7(1)(f)" insert "or 7(2)".
7 Endorsements generally
(1) In section 29(4)(c) of the Principal Act, after "registration"
insert "and has paid the fee fixed by the board in relation to
the examination (if any)".
(2) After section 29(4) of the Principal Act insert-
"(4A) The responsible board may fix a fee to be paid by the provider
of a course of study that must accompany an application by
the provider to the board for approval of the course of study
for the purposes of subsection (4)(a).".
8 Approved methods of communication for responsible board
section In 130(3)(b) of the Principal Act, after "Part 3" insert
"(other than section 40)".
9 What if no proceedings started before commencement of this Act?
s. 9
For section 169(1) of the Principal Act substitute-
"(1) In the case of activities of a person which occurred before the
commencement of section 163 and in respect of which-
(a) no investigation, inquiry or hearing has been commenced under
the repealed provision; or
(b) no proceeding has been taken under the repealed provision-
this Act applies to the extent that there was power in
relation to those activities to conduct an investigation,
inquiry or hearing or to take a proceeding under the repealed
provision.".
10 Cap of growth of pharmacy ownership for friendly society type
companies
(1) For section 174(2)(a) of the Principal Act substitute-
"(a) on and from 1 July 2007; and".
(2) In section 174(3) of the Principal Act omit "during the
applicable period".
(3) At the foot of section 174(3) of the Principal Act insert-
"Penalty: 1200 penalty units.".
(4) In section 174(4) of the Principal Act-
(a) in paragraph (a) omit "in the applicable period";
(b) in paragraph (b)-
(i) for "after 16 November 2004" substitute "on or after 17
November 2008";
(ii) omit "in the applicable period";
(iii) for "before 16 November 2004" (where secondly occurring)
substitute "before 17 November 2008".
(5) In section 174(5) of the Principal Act-
(a) after "16 November 2004" insert "and before 17 November 2008";
(b) omit "during the applicable period".
s. 10
(6) After section 174(5) of the Principal Act insert-
"(5A) Subsection (3) does not apply to a company referred to in
section 101(1)(e) that was formed by amalgamation on or after
17 November 2008 if the number of pharmacy businesses the
amalgamated company owns at any one time does not exceed-
(a) in the case of the amalgamated company being formed only by
companies that, immediately before 16 November 2004, did
not own a pharmacy bus...