Health Legislation Amendment Regulation 2022

1Short title

This regulation may be cited as the Health Legislation Amendment Regulation 2022.

2Commencement

The following provisions commence on 1 July 2022—

(a)part 2;

(b)sections 8 to 10;

(c)part 5.

3Regulation amended

This part amends the Hospital and Health Boards Regulation 2012.

4Replacement of s 34A (Prescribed health practitioner—Act, s 139)

Section 34A—
omit, insert—

34APrescribed health professionals—Act, s 139

For section 139 of the Act, definition prescribed health professional, paragraph (a), the following health professionals are prescribed—

(a)a health professional—

(i)who is registered under the Health Practitioner Regulation National Law in a health profession mentioned in schedule 2C, part 1, column 1; and

(ii)whose registration under that Law is of a type mentioned opposite in schedule 2C, part 1, column 2;

(b)a health professional who—

(i)provides a health service mentioned in schedule 2C, part 2, column 1; and

(ii)satisfies the condition for provision of the health service mentioned opposite in schedule 2C, part 2, column 2.

5Amendment of sch 2C (Prescribed health practitioners)

(1)Schedule 2C, heading, ‘practitioners’—
omit, insert—

professionals

(2)Schedule 2C, before the table—
insert—

Part 1 Health professionals registered under the Health Practitioner Regulation National Law

(3)Schedule 2C, after part 1—
insert—

Part 2 Other health professionals

Column 1		Column 2
Health service		Condition
audiology		The health professional is— (a)  an Audiology Australia Accredited Audiologist; or (b)  an audiologist who is a Full/Ordinary member of the Australian College of Audiology; or (c)  an audiologist who is a Fellow of the Australian College of Audiology.
dietetics		The health professional is accredited, by Dietitians Australia, as— (a)  a Provisional Accredited Practising Dietitian; or (b)  a Full Accredited Practising Dietitian; or (c)  an Advanced Accredited Practising Dietitian; or (d)  a Fellow of Dietitians Australia.
exercise physiology		The health professional is accredited, by Exercise and Sports Science Australia, as an Accredited Exercise Physiologist.
orthoptics		The health professional— (a)  is registered with the Australian Orthoptic Board; and (b)  is a member of Orthoptics Australia.
orthotics/prosthetics		The health professional is certified by the Australian Orthotic Prosthetic Association as a Certified Orthotist/Prosthetist.
social work		The health professional is an ordinary member of the Australian Association of Social Workers, other than a retired ordinary member.
speech pathology		The health professional is a member of Speech Pathology Australia who is— (a)  a Certified Practising Speech Pathologist; or (b)  a Provisional Certified Practising Speech Pathologist.

6Regulation amended

This part amends the Mental Health Regulation 2017.

7Amendment of s 4 (Prescribed registrant—Act, sch 3, definition psychiatrist, paragraph (b))

(1)Section 4(1), before paragraph (a)—
insert—

(aa)a registrant who holds general registration if—

(i)the registrant is an overseas-trained health practitioner who holds a qualification in psychiatry; and

(ii)the registrant’s qualification has been assessed by the Royal Australian and New Zealand College of Psychiatrists as substantially comparable to the qualification called ‘Fellowship of the Royal Australian and New Zealand College of Psychiatrists’;

(2)Section 4(1)(aa) to (c)—
renumber as section 4(1)(a) to (d).

(3)Section 4(2)—
insert—

general registration means general registration in the medical profession under the Health Practitioner Regulation National Law.

8Amendment of sch 1, s 1 (Corresponding laws for provisions of Act relating to transfer of patients or transport of persons)

(1)Schedule 1, section 1, heading, after ‘laws for’—
insert—

particular

(2)Schedule 1, section 1(2), definition relevant provision, first dot point, ‘section 355(7)’—
omit, insert—

section 355(8)

(3)Schedule 1, section 1(2), definition relevant provision, second last and last dot points—
omit, insert—

•section 520(2)(b)(iii)

•section 527(2)(b)(iii).

9Amendment of sch 1, s 2 (Corresponding laws for Act, s 368(1)(b) and (2))

(1)Schedule 1, section 2, ‘and (2)’—
omit, insert—

and (5)

(2)Schedule 1, section 2, last dot point, after ‘warrant’—
insert—

or another document (however described)

10Omission of sch 1, s 4 (Corresponding laws for Act, ss 513 and 521, definition interstate transfer requirements)

Schedule 1, section 4—
omit.

11Regulation amended

This part amends the Public Health Regulation 2018.

12Insertion of new s 49D

After section 49C—
insert—

49DPrescribed agreement—Act, s 279AO

For section 279AO(1)(b) of the Act, the agreement mentioned in schedule 3, part 4 is prescribed.

13Amendment of sch 1 (Notifiable conditions)

Schedule 1—
insert—

monkeypox (MPX)

•

•

14Amendment of sch 2 (Immediate notifications)

Schedule 2—
insert—

monkeypox (MPX)

15Amendment of sch 3 (Agreements)

(1)Schedule 3, authorising provision, ‘44 and 48’—
omit, insert—

44, 48 and 49D

(2)Schedule 3—
insert—

Part 4 Confidentiality of information relating to notifiable dust lung diseases

•The agreement dated 11 February 2022 called ‘Agreement pursuant to section 279AO of the Public Health Act 2005 (Qld)’ between the State of Queensland acting through Queensland Health and Resources Safety and Health Queensland.

16Regulation amended

This part amends the Radiation Safety Regulation 2021.

17Replacement of s 68 (Documents relating to proof of identity—Act, s 51)

Section 68—
omit, insert—

68Applications requiring proof of identity—Act, s 51

For section 51(2) of the Act, the following Act instruments are prescribed—

(a)a licence;

(b)an accreditation certificate;

(c)a radiation safety officer certificate.

18Omission of sch 7 (Proof of identity documents)

Schedule 7—
omit.