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[Act 1997 No 90]
New South Wales
Health Professionals (Special Events
Exemption) Bill 1997
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The object of this Bill is to provide exemptions from the registration
requirements of certain health legislation for health professionals who
accompany overseas visitors participating in or training for declared sporting,
cultural and other events. The exemptions may be subject to conditions and
only operate in relation to the provision of health care services to the
overseas visitors who engage the services of the health care professionals
concerned and other visitors if certain arrangements are observed.
Health Professionals (Special Events Exemption) Bill 1997 [Act 1997 No 90]
Explanatory note
Outline of provisions
Part 1 Preliminary
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on a day or
days to be appointed by proclamation.
Clause 3 defines certain words and expressions used in the proposed Act.
Clause 4 states that notes used in the proposed Act are explanatory only and
do not form part of the proposed Act.
Part 2 Special events exemption for visiting health
professionals
Clause 5 enables the Minister, by order published in the Gazette, to declare
a sporting, cultural or other event to be a special event for the purposes of the
proposed Act and to specify a period for which the declaration will operate.
Clause 6 provides that a person is a visitor for the purposes of the proposed
Act if the person is a resident of another .country and is in the State to
participate in, train for or acclimatise for a declared special event or is a
member of a group the majority of which comprises such persons and is in
the State for those purposes, even though not a resident of another country.
Clause 7 provides that a person is a visiting health professional for the
purposes of the proposed Act if the person is a resident of another country
and is engaged to provide health care services to a visitor. Notice of the
person's intention to provide health care services must be given.
Clause 8 authorises a visiting health professional to provide the health care
services that he or she was engaged to provide. The authorisation operates
only during the exemption period declared for the relevant special event and
if the visiting health professional is complying with the Act, the regulations
and any conditions placed on the authorisation.
Clause 9 enables conditions to be placed on the provision of health care
services by visiting health professionals.
Clause 10 provides that a visiting health professional may issue a written
prescription for a substance classified as a restricted substance or drug of
addiction under the Poisons and Therapeutic Goods Act 1966 only if
authorised to do so by an order under clause 5. The Minister may by such an
Explanatory note page 2
Health Professionals (Special Events Exemption) Bill 1997 [Act 1997 No 90]
Explanatory note
order authorise the issuing of written prescriptions for such substances by
certain visiting health professionals or by all visiting health professionals and
may authorise a person or class of persons to fill such a prescription. The
clause also enables the Minister to authorise certain suppliers to supply
substances by wholesale to certain visiting health professionals.
Clause 11 provides that visiting health professionals do not commit an
offence under the following Health Registration Acts or under the Poisons
and Therapeutic Goods Act 1966 or the Drug Misuse and Trafficking Act
1985 by providing health care services in accordance with the proposed Act:
Chiropractors and Osteopaths Act 1991
Dental Technicians Registration Act 1975
Dentists Act 1989
Medical Practice Act 1992
Nurses Act 1991
Optical Dispensers Act 1963
Optometrists Act I930
Pharmacy Act 1964
Physiotherapists Registration Act 1945
Podiatrists Act 1989
Psychologists Act I989
The clause provides that a visitor does not commit an offence under the
Poisons and Therapeutic Goods Act 1966 or the Drug Misuse and Trafficking
Act 1985 by doing any thing or possessing any substance as a result of
receiving health care services from a visiting health professional.
The clause enables authorised persons to fill prescriptions issued in
accordance with the proposed Act or to supply substances by wholesale in
accordance with the proposed Act without committing offences under the
Poisons and Therapeutic Goods Act 1966 or the Drug Misuse and Trafficking
Act 1985.
The clause enables regulations to be made prescribing other offences from
which such persons will be exempt in relation to the provision of health
services in accordance with the proposed Act.
Part 3 Miscellaneous
Clause 12 prevents the making of a complaint or the taking of disciplinary
action against a visiting health professional under the Health Care
Complaints Act 1993 or a Health Registration Act. This provision will not
prevent the taking of proceedings against a visiting health professional for the
commission of an offence against those Acts.
Explanatory note page 3
Health Professionals (Special Events Exemption) Bill 1997 [Act 1997 No 90]
Explanatory note
Clause 13 enables the Minister, by order published in the Gazette, to declare
that the proposed Act or specified provisions of the proposed Act do not
apply to certain persons or classes of persons.
Clause 14 makes it clear that a person who is already registered under a
Health Registration Act is not limited by the proposed Act in the practice of
his or her profession.
Clause 15 enables regulations to be made for the purposes of the proposed
Act. The regulations may create offences punishable by a penalty of up to 10
penalty units (currently $1,000).
Clause 16 provides for the taking of proceedings for an offence against the
regulations.
Clause 17 requires the Minister to review the proposed Act after a period of
5 years.
Explanatory note page 4