Health Legislation (Miscellaneous) Amendment Bill (No 2) 2022 [NSW] Explanatory note
T
Schedule 1 Amendment of Health Care Complaints Act 1993 No 105
Schedule 1[1] redefines disciplinary body in the Health Care Complaints Act 1993 to have the same meaning as responsible tribunal has in the Health Practitioner Regulation National Law (NSW). Schedule 1[2] corrects a cross-reference as a result of the relocation of provisions by the Health Legislation (Miscellaneous Amendments) Act 2020. Schedule 1[3] provides for— (a) the remuneration of the Commissioner of the Health Care Complaints Commission to be
determined in accordance with the Statutory and Other Offices Remuneration Act 1975, rather than by a contract of employment, and
(b) the Commissioner’s entitlement to allowances to be determined by the Minister. Schedule 1[5] provides that the Commissioner’s existing contract of employment continues in force until the Commissioner’s remuneration is determined in accordance with the Statutory and Other Offices Remuneration Act 1975. Schedule 1[4] makes a consequential amendment.
Schedule 2 Amendment of Health Practitioner Regulation (Adoption of National Law) Act 2009 No 86
Schedule 2[1] provides that the period for making certain appeals against decisions under the Health Practitioner Regulation National Law (NSW) commences when written notice of the decision is given to the person making the appeal. Schedule 2[2] provides that the amendment made by Schedule 2[1] does not apply to a decision of which notice was given before the commencement of the amendment. Schedule 2[3] provides for a Professional Standards Committee or the Civil and Administrative Tribunal to receive and admit on production, as evidence in proceedings, a thing seized under the authority of a search warrant if, in the Committee or Tribunal’s opinion, the thing seized is relevant to the proceedings. Schedule 2[4] makes a consequential amendment.
Schedule 3 Amendment of Human Tissue Act 1983 No 164 Schedule 3[1] provides that, for the Human Tissue Act 1983, the principal care officer for a child in the care of the State is the Secretary of the Department of Communities and Justice, rather than the principal officer of a designated agency that has supervisory responsibility for the child under the Children and Young Persons (Care and Protection) Act 1998. Schedule 3[3] and [4] make consequential amendments. Schedule 3[2] provides that the Secretary may delegate to another person the Secretary’s functions as principal care officer. Schedule 3[5] provides that the amendment made by Schedule 3[1] does not affect an existing consent or authority, given by a principal care officer, to remove tissue from a deceased child’s body.
Schedule 4 Amendment of Mental Health Act 2007 No 8 Schedule 4[2] inserts a note into the Mental Health Act 2007, section 18 to emphasise the connection between that section, which sets out when a person may be detained in a mental health facility, and section 81, which lists who may take the person to the facility. Schedule 4[1] makes a consequential amendment.
Page 2
abling copy
Health Legislation (Miscellaneous) Amendment Bill (No 2) 2022 [NSW] Explanatory note
T
Schedule 4[3] removes the requirement for the Mental Health Review Tribunal, when ordering a person to be detained in a mental health facility, to specify the facility in which the person is to be detained.
Schedule 5 Amendment of Mental Health and Cognitive Impairment Forensic Provisions Act 2020 No 12
Schedule 5[1] provides that the objects of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020, Part 5, which relates to forensic patients and correctional patients, extend to provisions of the Act authorising the extension of the status of a person as a forensic patient. Schedule 5[2] provides that, if a person was found unfit to be tried for an offence and is later found fit to be tried for the offence, the person ceases to be a forensic patient only if the Director of Public Prosecutions advises the court whether the Director will take further proceedings in relation to the offence.
Schedule 6 Amendment of Public Health Act 2010 No 127 Schedule 6[3] provides that every authorised officer who is not a police officer is to be provided with an identification card. Schedule 6[1], [2] and [4] make consequential amendments.
Schedule 7 Amendment of Statutory and Other Offices Remuneration Act 1975 (1976 No 4)
Schedule 7 amends the Statutory and Other Offices Remuneration Act 1975 consequent on the amendment made by Schedule 1[3] to provide for the determination of the salary and allowances of the Commissioner of the Health Care Complaints Commission in accordance with the Act.
Page 3
abling copy
b2021-106.d15
Page
First print
New South Wales
Health Legislation (Miscellaneous) Amendment Bill (No 2) 2022
Contents
1 Name of Act 2 2 Commencement 2
Schedule 1 Amendment of Health Care Complaints Act 1993 No 105 3 Schedule 2 Amendment of Health Practitioner Regulation (Adoption of National
Law) Act 2009 No 86 4 Schedule 3 Amendment of Human Tissue Act 1983 No 164 5 Schedule 4 Amendment of Mental Health Act 2007 No 8 6 Schedule 5 Amendment of Mental Health and Cognitive Impairment Forensic
Provisions Act 2020 No 12 7 Schedule 6 Amendment of Public Health Act 2010 No 127 8 Schedule 7 Amendment of Statutory and Other Offices Remuneration Act 1975
(1976 No 4) 9
Tabling copy
New South Wales
Health Legislation (Miscellaneous) Amendment Bill (No 2) 2022
No , 2022
A Bill for
T
An Act to make miscellaneous amendments to various Acts relating to health and associated matters.
abling copy
Health Legislation (Miscellaneous) Amendment Bill (No 2) 2022 [NSW]
1
2
3
4
5
6
7
The Legislature of New South Wales enacts—
1 Name of Act This Act is the Health Legislation (Miscellaneous) Amendment Act (No 2) 2022.
2 Commencement This Act commences on the following days— (a) for Schedule 3—a day or days to be appointed by proclamation, (b) otherwise—the date of assent to this Act.
Page 2
Tabling copy
Health Legislation (Miscellaneous) Amendment Bill (No 2) 2022 [NSW] Schedule 1 Amendment of Health Care Complaints Act 1993 No 105
1
2
3
4
5 6
7
8
9
10
11
12
13 14
15 16
17
18
19
20
21
22
23
24
25 26 27 28
29
30 31 32
Schedule 1 Amendment of Health Care Complaints Act 1993 No 105
[1] Section 4 Definitions Omit the definition of disciplinary body. Insert instead—
disciplinary body has the same meaning as responsible tribunal has in the Health Practitioner Regulation National Law (NSW).
[2] Section 37A Protection from incrimination Insert “or under section 97A or 97B” after “this Part” in section 37A(2).
[3] Schedule 1A Provisions relating to Commissioner Omit clause 3. Insert instead—
3 Employment and remuneration The Commissioner is entitled to be paid— (a) remuneration in accordance with the Statutory and Other Offices
Remuneration Act 1975, and (b) the travelling and subsistence allowances the Minister decides from
time to time.
[4] Schedule 1A, clause 6 Omit “(except as provided by clause 3)”.
[5] Schedule 4 Savings, transitional and other provisions Insert at the end of the Schedule with appropriate Part and clause numbering—
Part Provision consequent on enactment of Health Legislation (Miscellaneous) Amendment Act (No 2) 2022
Commissioner—remuneration (1) The contract of employment in force between the Commissioner and the
Minister immediately before the commencement day continues in force until a determination of the Commissioner’s remuneration comes into force under the Statutory and Other Offices Remuneration Act 1975.
(2) In this clause— commencement day means the day on which the amendments made to this Act, Schedule 1A by the Health Legislation (Miscellaneous) Amendment Act (No 2) 2022 commence.
Page 3
Tabling copy
Health Legislation (Miscellaneous) Amendment Bill (No 2) 2022 [NSW] Schedule 2 Amendment of Health Practitioner Regulation (Adoption of National Law) Act 2009 No 86
1
2
3
4
5
6
7
8
9
10
11 12 13 14
15
16
17 18 19 20
21
22
Schedule 2 Amendment of Health Practitioner Regulation (Adoption of National Law) Act 2009 No 86
[1] Schedule 1 Modification of Health Practitioner Regulation National Law Insert “written” after “given” in Schedule 1[15], section 161(a).
[2] Schedule 1[25], Schedule 5A Insert at the end of the Schedule, with appropriate Part and clause numbering—
Part Provision consequent on enactment of Health Legislation (Miscellaneous) Amendment Act (No 2) 2022
Notice of appeal The amendment made to this Law, section 161(a) by the Health Legislation (Miscellaneous) Amendment Act (No 2) 2022 does not apply to a decision of which notice other than written notice was given before the commencement of the amendment.
[3] Schedule 1[25], Schedule 5D Insert after clause 5(1)—
(1A) A Committee or the Tribunal may receive and admit on production, as evidence in any proceedings, a thing seized under the authority of a search warrant where the Committee or Tribunal is of the opinion that the thing seized is relevant to the proceedings.
[4] Schedule 1[25], Schedule 5D, clause 5(2) Omit “so admitted”. Insert instead “admitted under subclause (1) or (1A)”.
Page 4
Tabling copy
Health Legislation (Miscellaneous) Amendment Bill (No 2) 2022 [NSW] Schedule 3 Amendment of Human Tissue Act 1983 No 164
1
2
3
4 5 6
7
8
9
10 11 12
13
14
15
16
17
18
19
20
21
22
23
24
25 26 27 28 29
30
31 32
33 34
Schedule 3 Amendment of Human Tissue Act 1983 No 164 [1] Section 4 Definitions
Omit section 4(8). Insert instead— (8) For this Act, the principal care officer, in relation to a child in the care of the
State, means the Secretary under the Children and Young Persons (Care and Protection) Act 1998.
[2] Section 5B Insert after section 5A—
5B Delegation of functions of principal care officer The Secretary under the Children and Young Persons (Care and Protection) Act 1998 may delegate to a person the Secretary’s functions as principal care officer under this Act.
[3] Section 24B Consent and authorisation of principal care officer Omit “A principal care officer” from section 24B(1). Insert instead “The principal care officer”.
[4] Section 25 Consent by coroner Omit “a principal care officer” from section 25(1). Insert instead “the principal care officer”.
[5] Schedule 1 Savings, transitional and other provisions Insert at the end of the Schedule, with appropriate Part and clause numbering—
Part Provision consequent on enactment of Health Legislation (Miscellaneous) Amendment Act (No 2) 2022
Consent of principal care officer (1) A consent or authority to remove tissue from a deceased child’s body given by
a principal care officer under this Act and in force immediately before the commencement day is not affected by the amendment made to section 4 by the amending Act and is sufficient authority for a medical practitioner to remove the tissue for the purposes of the consent.
(2) In this clause— amending Act means the Health Legislation (Miscellaneous) Amendment Act (No 2) 2022. commencement day means the day on which the amendment made to section 4 by the amending Act commences.
Page 5
Tabling copy
Health Legislation (Miscellaneous) Amendment Bill (No 2) 2022 [NSW] Schedule 4 Amendment of Mental Health Act 2007 No 8
1
2
3
4
5 6 7
8
9
Schedule 4 Amendment of Mental Health Act 2007 No 8 [1] Section 18 When a person may be detained in mental health facility
Omit “Note—” from the note. Insert instead “Note 1—”.
[2] Section 18 Insert at the end of the section—
Note 2— A person authorised to be taken to and detained in a mental health facility under this Division may be taken to the facility by a person listed in section 81.
[3] Section 35 Purpose and findings of mental health inquiries Omit “specified” from section 35(5)(c).
Page 6
Tabling copy
Health Legislation (Miscellaneous) Amendment Bill (No 2) 2022 [NSW] Schedule 5 Amendment of Mental Health and Cognitive Impairment Forensic Provisions Act 2020 No 12
1
2
3
4
5
6
7
8 9
10
Schedule 5 Amendment of Mental Health and Cognitive Impairment Forensic Provisions Act 2020 No 12
[1] Section 69 Objects Insert at the end of the section—
(2) The objects of this Part extend to the provisions of Part 6.
[2] Section 101 Termination of status as a forensic patient Omit section 101(g). Insert instead—
(g) the person was found unfit to be tried for an offence and is later found fit to be tried for the offence, and the Director of Public Prosecutions has provided advice to the court under section 53(2),
Page 7
Tabling copy
Health Legislation (Miscellaneous) Amendment Bill (No 2) 2022 [NSW] Schedule 6 Amendment of Public Health Act 2010 No 127
1
2
3 4
5
6
7
8
9
10
11 12 13
14
15
16
17
18
19
20
21
22
23 24 25 26 27
28
29 30
Schedule 6 Amendment of Public Health Act 2010 No 127 [1] Section 108 Powers of authorised officers to enter premises
Omit “a certificate of authority” and “or certificate of authority” wherever occurring in section 108(2). Insert instead “an identification card” and “or identification card”, respectively.
[2] Section 108(3) Omit the subsection.
[3] Section 127A Insert after section 127—
127A Identification (1) Every authorised officer who is not a police officer must be provided with an
identification card as an authorised officer by the person who appoints the officer.
(2) The identification card must— (a) be in the approved form, and (b) contain a recent photograph of the person.
[4] Schedule 5 Savings, transitional and other provisions Insert at the end of the Schedule, with appropriate Part and clause numbering—
Part Provision consequent on enactment of Health Legislation (Miscellaneous) Amendment Act (No 2) 2022
Identification of authorised officers A certificate of authority issued to an authorised officer under section 108 and in force immediately before the amendment of that section by the Health Legislation (Miscellaneous) Amendment Act (No 2) 2022 is taken to be an identification card issued under section 127A until whichever of the following occurs first— (a) the certificate of authority expires, (b) the authorised officer is issued with an identification card under section
127A.
Page 8
Tabling copy
Health Legislation (Miscellaneous) Amendment Bill (No 2) 2022 [NSW] Schedule 7 Amendment of Statutory and Other Offices Remuneration Act 1975 (1976 No 4)
1
2
3
4
5
Schedule 7 Amendment of Statutory and Other Offices Remuneration Act 1975 (1976 No 4)
Schedule 1 Public offices Insert at the end of the Schedule—
Commissioner of the Health Care Complaints Commission
Page 9
Tabling copy