1Short title
This Act may be cited as the Health Professionals (Special Events Exemption) Act 2000 1.
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Bill homepageThis Act may be cited as the Health Professionals (Special Events Exemption) Act 2000 1.
This Act comes into operation on the day on which it receives the Royal Assent 1.
In this Act, unless the contrary intention appears —
exemption period, in relation to a special event, means the period or periods specified in an order under section 6 that applies to the event;
health care services means —
services ordinarily provided by chiropractors, dental hygienists, dental therapists, dental prosthetists, dentists, medical practitioners, nurses, occupational therapists, optometrists, osteopaths, pharmacists, physiotherapists, podiatrists and psychologists; and
any other prescribed health care service;
Health Registration Act means the National Health Practitioner Regulation National Law (Western Australia);
medicine has the meaning given in the Medicines and Poisons Act 2014 section 3;
prepare includes train, practise, rehearse and acclimatize;
registered means registered, licensed or enrolled under a Health Registration Act, or deemed to be so registered, licensed or enrolled;
special event means an event, or class of event, that is declared to be a special event by order under section 6;
visiting health professional has the meaning given by section 5;
visitor has the meaning given by section 4.
An order made under this Act is subsidiary legislation within the meaning of the Interpretation Act 1984.
[Section 3 amended: No. 28 of 2005 Sch. 3 cl. 5; No. 29 of 2005 Sch. 3 cl. 3; No. 30 of 2005 Sch. 3 cl. 3; No. 31 of 2005 Sch. 3 cl. 3; No. 32 of 2005 Sch. 3 cl. 3; No. 33 of 2005 Sch. 3 cl. 3; No. 42 of 2005 Sch. 3 cl. 4; No. 11 of 2006 s. 4; No. 21 of 2006 Sch. 3 cl. 3; No. 50 of 2006 Sch. 3 cl. 10; No. 22 of 2008 Sch. 3 cl. 25; No. 19 of 2010 s. 51; No. 35 of 2010 s. 78; No. 13 of 2014 s. 161.]
A person is a visitor for the purposes of this Act if —
the person is a resident of another country who is in the State for the purpose of —
officially participating in a special event; or
preparing for official participation in a special event;
or
the person is a resident of another country who is appointed, employed, contracted or otherwise engaged to manage, train or otherwise assist a person referred to in paragraph (a) and is in the State for that purpose; or
the person is a resident of Australia who is in the State for a purpose referred to in paragraph (a) or (b) and is a member of a group the majority of members of which are persons referred to in paragraph (a) or (b) who are in the State for the same purpose.
A person is a visiting health professional for the purposes of this Act if —
the person is an individual who is a resident of another country; and
the person is appointed, employed, contracted or otherwise engaged to provide health care services to a visitor; and
the person is not registered; and
notice is given of the person’s intention to provide health care services in the State to a visitor in accordance with the procedure specified in the order under section 6 declaring the special event.
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.
An order may be made in relation to —
any sporting, cultural or other event that is to take place or is taking place in the State and that, in the opinion of the Minister, will attract a significant number of participants from other countries; or
any sporting, cultural or other event that —
is declared to be a special event under a law of another State or Territory that corresponds to this Act; and
in the opinion of the Minister, will attract visitors to the State.
The order is to specify —
the period or periods in which the exemptions under this Act have effect in respect of the special event; and
the procedure by which notice is to be given of a person’s intention to provide health care services in the State to a visitor.
The exemption period for a special event may include any period or periods before or after the special event takes place.
A visiting health professional is authorised to provide health care services to a visitor for whom the health professional has been appointed, employed, contracted or otherwise engaged to provide those services.
It is a condition on the provision of health care services by each visiting health professional that the visiting health professional is not to provide health care services other than health care services that may be lawfully provided in this State by a registered health professional of the like profession.
It is a condition on the provision of health care services by each visiting health professional that the visiting health professional is not to administer, possess, prescribe or supply a medicine in the course of providing health care services authorised under this Act other than a medicine that may lawfully be administered, possessed, prescribed or supplied in this State by a registered health professional of the like profession.
The Minister may, by an order under section 6, do one or more of the following:
impose further conditions on the provision of health care services by a visiting health professional;
exempt a visiting health professional from the condition referred to in subsection (1);
exempt a visiting health professional from the condition referred to in subsection (2).
A condition or exemption may apply generally or apply to a particular special event or to a particular person or class of persons specified in the order.
The regulations may make provision for or with respect to conditions to be imposed on the provision of health care services by a visiting health professional.
If there is conflict or inconsistency between a regulation referred to in subsection (5) and a condition imposed under subsection (3), the regulation, to the extent of the conflict or inconsistency, prevails.
[Section 8 amended: No. 13 of 2014 s. 162.]
The Minister may, by an order under section 6, authorise a person, or a class of persons, to supply a medicine —
in accordance with a prescription issued by a visiting health professional; or
to a visiting health professional as if the visiting health professional were a registered health professional of the like profession.
The Minister is not to make an order containing an authorisation referred to in subsection (1) unless —
the person or the class of persons authorised to supply the medicine is authorised under the Medicines and Poisons Act 2014 to supply the medicine to, or in accordance with a prescription issued by, a registered health professional of the like profession; and
the Minister is satisfied that adequate arrangements are in place to ensure that the medicines concerned will only be used in connection with the provision of health services that are authorised under this Act.
An order under section 6 may impose conditions on any authorisation referred to in this section that is conferred by the order.
[Section 9 inserted: No. 13 of 2014 s. 163.]
A visiting health professional may request the holder of a licence under section 26(1)(a) of the Radiation Safety Act 1975 to undertake diagnosis or therapy referred to in that section only if the visiting health professional is authorised to do so by an order under section 6.
The Minister may, by an order under section 6 authorise a visiting health professional or a class of visiting health professionals, in the course of providing health care services in accordance with this Act, to request the holder of a licence under section 26(1)(a) of the Radiation Safety Act 1975 to undertake diagnosis or therapy referred to in that section.
An order under section 6 may impose conditions on any authorisation referred to in this section that is conferred by the order.
A visiting health professional does not commit an offence under a Health Registration Act, the Medicines and Poisons Act 2014, the Radiation Safety Act 1975 or the Misuse of Drugs Act 1981 for —
providing health care services as authorised under this Act; or
administering, possessing, prescribing or supplying a medicine in the course of providing those authorised health care services where the medicine is —
lawfully imported or lawfully obtained in Australia by the visiting health professional; and
a medicine that may lawfully be administered, possessed, prescribed or supplied by a registered health professional of the like profession;
or
[(c) deleted.]
requesting the holder of a licence under the Radiation Safety Act 1975 to undertake diagnosis or therapy in the course of providing those authorised health care services; or
holding himself or herself out as being able to provide those authorised health care services; or
using any name, initials, description, word, symbol, addition or title that the visiting health professional ordinarily uses.
A visitor does not commit an offence under the Medicines and Poisons Act 2014 or the Misuse of Drugs Act 1981 for using or possessing any medicine as a result of being provided with health care services in accordance with this Act.
A person does not commit an offence under the Medicines and Poisons Act 2014 or the Misuse of Drugs Act 1981 for supplying a medicine in accordance with a prescription issued by a visiting health professional if —
the visiting health professional is authorised under this Act to issue the prescription; and
the person is authorised under this Act to supply the medicine in accordance with such a prescription; and
the supply would be lawful under the Medicines and Poisons Act 2014 if the prescription had been issued by a registered health professional of the like profession.
A person does not commit an offence under the Medicines and Poisons Act 2014 or the Misuse of Drugs Act 1981 for supplying a medicine to a visiting health professional if —
the person is authorised under this Act to supply the medicine; and
the supply would be lawful under the Medicines and Poisons Act 2014 if the visiting health professional were a registered health professional of the like profession.
The regulations may prescribe other offences to which subsection (1), (2), (3) or (4A) applies.
[Section 11 amended: No. 13 of 2014 s. 164.]
Section 7 and any authorisation referred to in section 9 or 10 operate in relation to a visiting health professional during the exemption period for the special event in respect of which notice is given by or on behalf of that visiting health professional under section 5(d) and at no other time.
Section 7 and any authorisation referred to in section 9 or 10 do not operate in relation to a visiting health professional if the visiting health professional fails to comply with the provisions of this Act, the regulations or any relevant conditions imposed by or under this Act.
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