Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulationsinsert
Schedule 15 Modifications of Act
(see s 158)
[1.1] Section 137 (1)
substitute
(1) This section applies to a health profession regulated under a repealed Act.
[1.2] Section 139 (1)
substitute
(1) This section applies if a person was registered under a repealed Act immediately before its repeal and the registration was subject to a condition.
[1.3] New sections 150A to 150J
insert
150A People previously registered under repealed Act
A reference in section 77 (Meaning of registered health professional for div 9.2) to a person who was registered at the time of an act or omission includes a reference to a person who was registered under a repealed Act at that time, whether or not the person is, or has at any time been, registered under this Act.
150B People previously registered under Act or repealed Act
In this Act:
"registered health professional", in relation to a report under division 9.2 or a complaint, includes a person who was registered under this Act or a repealed Act at the time of the act or omission reported or complained about.
150C Existing inquiries
To remove any doubt, in an inquiry to which section 140 applies, anything done by a board in relation to a person registered at any time by the board, as part of an inquiry or otherwise, may, but need not, be done again under this Act by the health profession board that regulates a profession in relation to which the board was established.
150D Application of s 26 (3)
Section 26 (3) applies to a health profession board that wants to suspend or cancel a health professional's registration before 8 July 2006 as if it read as follows:
‘(3) If a health profession wants a health professional's registration suspended or cancelled, the board cannot suspend or cancel the registration itself, but may apply to the health professions tribunal for suspension or cancellation.'.
150E Application of s 37 (5) (c)
Section 37 (5) (c) applies to regulations made before 8 July 2006 as if it read as follows:
‘(c) when (in addition to the circumstances already prescribed under this Act) a health profession may apply for the suspension or cancellation of registration; and'.
150F Application of s 84 (2) (e) and s 84 (3)
(1) This section applies to a notice under section 84 (2) given before 8 July 2006.
(2) Section 84 (2) (e) applies in relation to the notice as if the word ‘maximum' were inserted before the word ‘period'.
(3) Section 84 (3) applies in relation to the notice as if the word ‘maximum' were inserted before the word ‘period'.
150G Application of s 86 (3) (b)
(1) This section applies to a matter to which part 10 (Joint consideration with commissioner) applies if the matter is considered before 8 July 2006.
(2) Section 86 (3) (b) applies to the matter as if it read as follows:
‘(b) apply to the tribunal for the suspension or cancellation of the registration of the health professional to whom the matter relates;'.
150H Application of s 122 (2) (i) and s 122 (3)
(1) This section applies if, before 8 July 2006, a professional standards panel is satisfied that a health professional has done something mentioned in section 122 (1).
(2) The professional standards panel may take action under section 122 (2) (i) as if it read as follows:
‘(i) refer the report, complaint, or application for a condition review, to the health profession board with—
(i) a recommendation that an application be made to the health profession tribunal for the suspension or cancellation of the health professional's registration; and
(ii) the standards inquiry report on which the recommendation is based; and'.
(3) Section 122 (3) does not apply if the professional standards panel acts under section 122 (2) (i) as modified by subsection (2).
150I Applications to health professions tribunal
(1) This section applies to an application for the suspension or cancellation of the health professional's registration made before 8 July 2006.
(2) For this Act, an application by a health profession board to the health professions tribunal for the suspension or cancellation of the health professional's registration is to be dealt with by the tribunal, as far as practicable, in the same way as an application for review under part 7.
(3) To remove any doubt, the parties to the application are the health profession board making the application, the health professional to whom the application relates and, with the tribunal's leave, anyone else.
(4) In deciding whether to suspend or cancel the registration, the health professions tribunal must consider whether—
(a) the health professional has contravened a standard of practice that applied to the health professional; or
(b) the health professional is putting, or has put, public safety at risk.
150J Appointment and election of health profession board members before Act fully commenced
(1) This section applies to any of the following powers under this Act that are to be, or have been, exercised in relation to a health profession board:
(a) a power to make an appointment to the board;
(b) a power to make a statutory instrument for the purposes of the board;
(c) a power to do anything in relation to the conduct of an election for members of the board.
Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
(2) To remove any doubt, the Legislation Act, section 81 (Exercise of powers between notification and commencement) is taken to apply, or is taken to have applied, to the exercise of the power even if—
(a) the power was exercised before the commencement of this section; or
(b) the power is exercised before this Act has fully commenced.
(3) For the exercise of the power, this Act is taken to have fully commenced at the time of the exercise of the power.
(4) Anything done, or purported to have been done, under this Act before the commencement of this section has effect after that commencement as if this section (and every other provision of this Act) had been in force when the thing was done.
Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
(5) Subsection (4) is additional to subsections (2) and (3).
(6) This section is additional to the Legislation Act, section 81.