I certify that this public bill, which originated in the Legislative Assembly, has finally passed the Legislative Council and the Legislative Assembly of New South Wales.
Clerk of the Legislative Assembly. Legislative Assembly, Sydney, , 2022
New South Wales
Health Legislation (Miscellaneous) Amendment Bill (No 2) 2022
Act No , 2022
An Act to make miscellaneous amendments to various Acts relating to health and associated matters.
I have examined this bill and find it to correspond in all respects with the bill as finally passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Health Legislation (Miscellaneous) Amendment Bill (No 2) 2022 [NSW]
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 5—a day or days to be appointed by proclamation, (b) otherwise—the date of assent to this Act.
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Health Legislation (Miscellaneous) Amendment Bill (No 2) 2022 [NSW] Schedule 1 Amendment of Health Care Complaints Act 1993 No 105
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.
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Health Legislation (Miscellaneous) Amendment Bill (No 2) 2022 [NSW] Schedule 2 Amendment of Health Practitioner Regulation (Adoption of National Law) Act 2009 No 86
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 Omit “notice of” from Schedule 1[15], section 161(a). Insert instead “written notice of the reasons for”.
[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 of the reasons for the decision 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)”.
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Health Legislation (Miscellaneous) Amendment Bill (No 2) 2022 [NSW] Schedule 3 Amendment of Home Building Act 1989 No 147
Schedule 3 Amendment of Home Building Act 1989 No 147 Schedule 1 Definitions and other interpretative provisions Omit “register,” and “duct,” from clause 1(1), definition of mechanical services and medical gas work, paragraph (a)(i).
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Health Legislation (Miscellaneous) Amendment Bill (No 2) 2022 [NSW] Schedule 4 Amendment of Home Building Act 1989 No 147
Schedule 4 Amendment of Home Building Act 1989 No 147 [1] Section 33E Additional requirements for obtaining endorsed contractor licenses and
supervisor and tradesperson certificates relating to mechanical services and medical gas work Insert after section 33E(1A)—
(1B) However, if the Secretary is satisfied of either of the following in relation to an applicant for an authority referred to in subsection (1) or (1A), the Secretary may issue the authority subject to a condition that the holder must not do medical gasfitting work— (a) the applicant has not successfully completed—
(i) for a tradesperson certificate—the units of competency referred to in subsection (1)(b), or
(ii) for a supervisor certificate or endorsed contractor licence—the units of competency referred to in subsection (1A)(b),
(b) the applicant has less than 2 years of experience in medical gasfitting work.
Note— The authority conferred by a supervisor or tradesperson certificate or an endorsed contractor licence is subject to the conditions applicable to the authority. See sections 27 and 28.
(1C) The holder of an authority subject to a condition under subsection (1B) must comply with the condition. Maximum penalty— (a) for a corporation—1,000 penalty units, or (b) otherwise—200 penalty units.
(1D) Subsection (1C) does not affect section 36.
[2] Section 33H Insert after section 33G—
33H Approved foreign qualifications (1) A provision of section 33E, 33F or 33G requiring that an authority referred to
in the provision must not be issued or endorsed unless the applicant has successfully completed a specified VET qualification does not apply to an applicant who has successfully completed— (a) a qualification issued outside Australia that the Secretary considers is
substantially equivalent, or based on similar competencies, to the specified VET qualification, and
(b) a competency assessment conducted by the Secretary, or by a person or body approved by the Secretary, for the purposes of this subsection.
(2) The regulations may make further provision for or in relation to competency assessments for the purposes of this section.
(3) In this section— specified VET qualification means— (a) for section 33E(1)—a qualification referred to in section 33E(1)(a), or (b) for section 33E(1A)—a qualification referred to in section 33E(1A)(a),
or (c) for section 33F(1)—a qualification referred to in section 33F(1)(a), or
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Health Legislation (Miscellaneous) Amendment Bill (No 2) 2022 [NSW] Schedule 4 Amendment of Home Building Act 1989 No 147
(d) for section 33F(1A)—a qualification referred to in section 33F(1A)(a), or
(e) for section 33G(1)—a qualification referred to in section 33G(1)(a), or (f) for section 33G(1A)—a qualification referred to in section 33G(1A)(a).
[3] Schedule 4 Savings and transitional provisions Omit clause 158(2)(b). Insert instead—
(b) in relation to mechanical services and medical gas work that is medical gasfitting work—at the end of 30 September 2022, and
(c) in relation to mechanical services and medical gas work that is not medical gas fitting work—28 February 2023.
[4] Schedule 4, clauses 158A and 158B Insert after clause 158—
158A Issue of authorities for mechanical services and medical gas work to existing authority holders (1) Despite section 33E(1), a tradesperson certificate authorising the holder to do
mechanical services and medical gas work may be issued to a person who— (a) immediately before 1 March 2023, holds a tradesperson certificate
authorising the holder to do plumbing and drainage work, and (b) meets the requirements set out in section 33E(1)(b) and (c), and (c) otherwise meets the requirements for the issue of the certificate.
(2) Despite section 33E(1A), an endorsed contractor licence or a supervisor certificate authorising the holder to do and supervise mechanical services and medical gas work may be issued to a person who— (a) immediately before 1 March 2023, holds an endorsed contractor licence
or a supervisor certificate authorising the holder to do and supervise plumbing and drainage work, and
(b) meets the requirements set out in section 33E(1A)(b) and (c), and (c) otherwise meets the requirements for the issue of the licence or
certificate. (3) An authority does not authorise the holder to do, or to do and supervise,
plumbing and drainage work for the purposes of subclause (1)(a) or (2)(a) if the authority authorises the holder to do, or to do and supervise, only draining work and no other specialist work.
(4) To avoid doubt, section 33E(1B)–(1D), as inserted by the Health Legislation (Miscellaneous) Amendment Act (No 2) 2022, extend to an authority to which subclause (1) or (2) applies.
(5) In this clause— draining work has the meaning given by the Home Building Regulation 2014, Schedule 4 as in force immediately before the commencement of this clause.
158B Issue of authorities for medical gasfitting work and medical gas technician work to existing authority holders (1) Despite sections 33F(1) and 33G(1), a tradesperson certificate authorising the
holder to do medical gasfitting work or medical gas technician work may be issued to a person who—
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Health Legislation (Miscellaneous) Amendment Bill (No 2) 2022 [NSW] Schedule 4 Amendment of Home Building Act 1989 No 147
(a) immediately before 1 October 2022, holds a tradesperson certificate authorising the holder to do gasfitting work or plumbing and drainage work, and
(b) meets the following requirements— (i) for medical gasfitting work—the requirements set out in section
33F(1)(b) and (c), (ii) for medical gas technician work—the requirements set out in
section 33G(1)(b) and (c), and (c) otherwise meets the requirements for the issue of the certificate.
(2) Despite sections 33F(1A) and 33G(1A), an endorsed contractor licence or a supervisor certificate authorising the holder to do and supervise medical gasfitting work or medical gas technician work may be issued to a person who— (a) immediately before 1 October 2022, holds an endorsed contractor
licence or a supervisor certificate authorising the holder to do and supervise gasfitting work or plumbing and drainage work, and
(b) meets the following requirements— (i) for medical gasfitting work—the requirements set out in section
33F(1A)(b) and (c), (ii) for medical gas technician work—the requirements set out in
section 33G(1A)(b) and (c), and (c) otherwise meets the requirements for the issue of the licence or
certificate. (3) An authority does not authorise the holder to do, or to do and supervise,
plumbing and drainage work for the purposes of subclause (1)(a) or (2)(a) if the authority authorises the holder to do, or to do and supervise, only draining work and no other specialist work.
(4) In this clause— draining work has the meaning given by the Home Building Regulation 2014, Schedule 4 as in force immediately before the commencement of this clause.
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Health Legislation (Miscellaneous) Amendment Bill (No 2) 2022 [NSW] Schedule 5 Amendment of Human Tissue Act 1983 No 164
Schedule 5 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.
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Health Legislation (Miscellaneous) Amendment Bill (No 2) 2022 [NSW] Schedule 6 Amendment of Mental Health Act 2007 No 8
Schedule 6 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).
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Health Legislation (Miscellaneous) Amendment Bill (No 2) 2022 [NSW] Schedule 7 Amendment of Mental Health and Cognitive Impairment Forensic Provisions Act 2020 No 12
Schedule 7 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),
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Health Legislation (Miscellaneous) Amendment Bill (No 2) 2022 [NSW] Schedule 8 Amendment of Public Health Act 2010 No 127
Schedule 8 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.
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Health Legislation (Miscellaneous) Amendment Bill (No 2) 2022 [NSW] Schedule 9 Amendment of Statutory and Other Offices Remuneration Act 1975 (1976 No 4)
Schedule 9 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
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