Health Professionals (Special Events Exemptions) Act 2000

This Act is the Health Professionals (Special Events Exemptions) Act 2000.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.

For example, the signpost definition ‘supply—see the Medicines, Poisons and Therapeutic Goods Act 2008, section 24.’ means that the term ‘supply’ is defined in that section and the definition applies to this Act.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

The Minister may, in writing, declare an event to be a special event for this Act if the Minister is satisfied that a significant number of persons from outside Australia will come to the ACT to participate in, or to prepare, train, practice, rehearse or acclimatise for, the event.

A declaration must specify, for the special event, the period or periods (the exemption period) when an exemption under this Act will apply.

An exemption period may include periods before or after the special event takes place.

A declaration must specify a notification procedure for giving notice within the ACT that a person will be a visiting health professional for a visitor to the special event.

A declaration is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act.

A person is a visitor to a special event if—

the person is a resident of another country who is in the ACT for the purpose of officially participating in, or preparing, training, practising, rehearsing or acclimatising for, a special event; or

the person is a resident of Australia who—

is in the ACT for the purpose mentioned in paragraph (a); and

is a member of a group the majority of which is comprised of persons who are residents of other countries and are in the ACT for the same purpose.

A person is a visiting health professional for a visitor, if—

the person is a resident of another country; and

notice has been given, in accordance with the notification procedure for the relevant special event, that the person will be providing health care services to the visitor, or to a group that includes the visitor; and

the person is currently appointed, employed, contracted or otherwise engaged to provide health care services to the visitor.

Note  A visiting health professional may provide services to other visitors to the event only after giving a further notification in accordance with the notification procedure.

A visiting health professional for a visitor is authorised by this section to provide health care services to the visitor.

This section—

applies only during the exemption period for the relevant special event; and

ceases to apply if the health professional does not comply with conditions imposed under this Act.

This section does not authorise a visiting health professional to possess, or supply to a visitor, a prohibited substance within the meaning of the Medicines, Poisons and Therapeutic Goods Act 2008.

The regulations may impose conditions on the provision of health care services by a visiting health professional.

A special event declaration may impose further conditions on the provision of health care services by a visiting health professional.

A visiting health professional may be authorised under this section to issue a written prescription for a prescription medicine.

An authorisation under this section does not authorise a visiting health professional to issue a prescription unless the prescription could be issued by an authorised person under the Medicines, Poisons and Therapeutic Goods Act 2008.

The Minister may, in a special event declaration—

authorise a visiting health professional, whom the Minister is satisfied should be regarded as qualified to issue prescriptions, to issue written prescriptions for a prescription medicine in the course of providing health care services in accordance with this Act; and

authorise a supplier to supply a prescription medicine on the prescription.

Note A power given under an Act to make a statutory instrument about particular matters includes power to make a statutory instrument about any 1 or more of the matters or a particular class of the matters (see Legislation Act, s 48 (2)).

The Minister must not make a special event declaration containing an authorisation under subsection (3) unless satisfied that adequate arrangements are in place to ensure that prescription medicines will be prescribed only for, and supplied only to, visitors to whom visiting health professionals are authorised to provide health care services under this Act.

A special event declaration may impose conditions on an authorisation under subsection (3), including a visiting health professional’s authority to issue prescriptions.

In this section:

supplier, of a prescription medicine, means a person who is authorised under the Medicines, Poisons and Therapeutic Goods Act 2008 to supply the medicine.

A visiting health professional does not commit an offence against the Health Practitioner Regulation National Law (ACT), the Medicines, Poisons and Therapeutic Goods Act 2008 or the Public Health Act 1997, part 3 by—

providing health care services authorised under this Act; or

possessing or supplying a prescription medicine in the course of providing the health care services; or

prescribing a prescription medicine in accordance with this Act; or

holding himself or herself out as being able to provide the health care services mentioned in paragraphs (a), (b) and (c); or

using any name, initials, description, word, symbol, addition or title that the health professional ordinarily uses.

A visitor to a special event does not commit an offence against the Medicines, Poisons and Therapeutic Goods Act 2008 by doing anything, or possessing a prescription medicine, because of being provided with health care services in accordance with this Act.

A person does not commit an offence against the Medicines, Poisons and Therapeutic Goods Act 2008 by supplying a prescription medicine in accordance with a written prescription issued by a visiting health professional if—

the health professional is authorised under this Act to issue the prescription; and

the person is authorised under this Act to supply the medicine on the prescription.

A regulation may prescribe other offences to which exemptions under this section apply.

Note A visiting health professional who provides health care services otherwise than in accordance with this Act loses the exemption.

A complaint may not be made about, nor may disciplinary action be taken against, a visiting health professional under the Health Practitioner Regulation National Law (ACT) or the Human Rights Commission Act 2005 in relation to anything done by the health professional in—

providing health care services authorised under this Act; or

possessing or supplying a prescription medicine in the course of providing the health care services; or

prescribing a prescription medicine in accordance with this Act; or

holding himself or herself out as being able to provide the health care services mentioned in paragraphs (a), (b) and (c); or

using any name, initials, description, word, symbol, addition or title that the health professional ordinarily uses.

This section does not prevent the bringing of proceedings for an offence against the Health Practitioner Regulation National Law (ACT) or the Human Rights Commission Act 2005.

The Executive may make regulations for this Act.

Note Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act.

The regulations may prescribe offences for contraventions of the regulations and may prescribe maximum penalties of not more than 10 penalty units for offences against the regulations.