Part 1Preliminary1Short titleThis regulation may be cited as the Health and Other Legislation Amendment Regulation 2024.2Commencement(1)This regulation, other than part 6, commences on 1 July 2024.(2)Part 6 commences on 1 September 2024.Part 2Amendment of Hospital and Health Boards Regulation 20233Regulation amendedThis part amends the Hospital and Health Boards Regulation 2023.4Replacement of s 51 (Disclosure of confidential information for purposes relating to health services—Act, s 150)Section 51—omit, insert—51Disclosure of confidential information for purposes relating to health services—Act, s 150For section 150(b) of the Act, an entity stated in column 1 of the table in schedule 7A is prescribed in relation to disclosure of information for a purpose stated in column 2 of the table opposite the entity.5Insertion of new sch 7AAfter schedule 7—insert—Schedule 7APrescribed entities and purposessection 51Column 1Column 2EntityPurpose1Alfred Health ABN 27 318 956 319Monash University ABN 12 377 614 012collecting data about relevant trauma patients for use in the Australian Trauma Registry2Services Australiamaintaining the Australian Immunisation Register3the Australian Orthopaedic Association ACN 000 759 795collecting data about joint replacement surgery for use in the Australian Orthopaedic Association National Joint Replacement Registry4the Australasian Cardiac Surgery Research Institution ABN 44 099 817 106Monash University ABN 12 377 614 012 collecting data about cardiac surgery for use in the Australian and New Zealand Society of Cardiac and Thoracic Surgeons Cardiac Surgery Database5the Florey Institute of Neuroscience and Mental Health ABN 92 124 762 027collecting data about eligible stroke and transient ischaemic attack patients for use in the Australian Stroke Clinical Registry and for community based follow-up6Alfred Health ABN 27 318 956 319collecting data about relevant asplenic patients for use in the Spleen Australia registry7the National Disability Insurance Agencythe department in which the Disability Services Act 2006 is administeredthe department in which the Housing Act 2003 is administeredQueensland Treasuryimplementing and managing the National Disability Insurance Scheme8Partners 4 Health Limited ACN 150 102 257Brisbane South PHN Ltd ACN 151 707 765Sunshine Coast Health Network Ltd ACN 156 526 706Darling Downs and West Moreton Primary Health Network Limited ACN 605 975 602Primary Care Gold Coast Limited ACN 152 953 092North Queensland Primary Healthcare Network Limited ACN 605 757 640Western Queensland Primary Care Collaborative Limited ACN 604 686 660analysing, assessing and reviewing data to support health service planning within and across primary health network regions9Queensland Aboriginal & Islander Health Council ACN 111 116 762 (the QAIHC)analysing, assessing and reviewing data to support health service planning, for Aboriginal people and Torres Strait Islander people, within and across the regions of the QAIHC’s members10the Institute for Urban Indigenous Health Ltd ACN 140 019 290analysing, assessing and reviewing data to support health service planning, for Aboriginal people and Torres Strait Islander people, in south-east Queensland

6Amendment of sch 8 (Agreements)Schedule 8, part 1—insert—

10AThe agreement made on 12 June 2020 called ‘Hospital services arrangement between the Commonwealth of Australia and the Repatriation Commission and the Military Rehabilitation and Compensation Commission and the State of Queensland’, as amended by the deed of variation, dated 2 April 2024, between Queensland and the Commonwealth.

10BThe agreement made on 9 October 2023 called ‘Cross-border agreement between the State of Queensland and the Commonwealth of Australia for the funding of patient services provided by Queensland Health to residents of Norfolk Island’.

7Amendment of sch 9 (Dictionary)Schedule 9—insert—injury severity score, for a person, for schedule 7A, means an overall score of the severity of the person’s physical injuries worked out using an anatomical scoring system.National Disability Insurance Scheme, for schedule 7A, see the National Disability Insurance Scheme Act 2013 (Cwlth), section 9.relevant asplenic patient, for schedule 7A, means a person with—

(a)asplenia; or

(b)reduced spleen function due to a medical condition or intervention.

relevant trauma patient, for schedule 7A, means a person who attends a public sector hospital for treatment of a physical injury and—

(a)dies as a direct or indirect result of the injury—

(i)after receiving treatment in the hospital’s emergency department; or

(ii)at any time during admission to the hospital; or

(b)has an injury severity score greater than 12.

Part 3Amendment of Private Health Facilities Regulation 20168Regulation amendedThis part amends the Private Health Facilities Regulation 2016.9Replacement of s 7 (Giving or disclosing information)Section 7—omit, insert—7Giving confidential information under agreement—Act, s 147For section 147(4)(c) of the Act, the agreements stated in schedule 1 are prescribed.7ADisclosure of confidential information for purposes relating to health services—Act, s 147For section 147(4)(h)(ii) of the Act, an entity stated in column 1 of the table in schedule 1A is prescribed in relation to disclosure of information for a purpose stated in column 2 of the table opposite the entity.10Amendment of sch 1 (Agreements)Schedule 1, authorising provision, ‘section 7(1)’—omit, insert—section 711Insertion of new sch 1AAfter schedule 1—insert—Schedule 1APrescribed entities and purposessection 7AColumn 1Column 2EntityPurpose1Hardes & Associates Pty Ltd ACN 079 150 940reviewing patterns of health services delivery and projecting the future demand for, and supply of, health services2Partners 4 Health Limited ACN 150 102 257Brisbane South PHN Ltd ACN 151 707 765Sunshine Coast Health Network Ltd ACN 156 526 706Darling Downs and West Moreton Primary Health Network Limited ACN 605 975 602Primary Care Gold Coast Limited ACN 152 953 092North Queensland Primary Healthcare Network Limited ACN 605 757 640Western Queensland Primary Care Collaborative Limited ACN 604 686 660analysing, assessing and reviewing data to support health service planning within and across primary health network regions3Queensland Aboriginal & Islander Health Council ACN 111 116 762 (the QAIHC)analysing, assessing and reviewing data to support health service planning, for Aboriginal people and Torres Strait Islander people, within and across the regions of the QAIHC’s members4the Institute for Urban Indigenous Health Ltd ACN 140 019 290analysing, assessing and reviewing data to support health service planning, for Aboriginal people and Torres Strait Islander people, in south-east Queensland

Part 4Amendment of Public Health Regulation 201812Regulation amendedThis part amends the Public Health Regulation 2018.13Insertion of new s 41AAfter section 41—insert—41ADisclosure of confidential information for purposes relating to health services—Act, s 225For section 225(b) of the Act, an entity stated in column 1 of the table in schedule 5A is prescribed in relation to disclosure of information for a purpose stated in column 2 of the table opposite the entity.14Insertion of new sch 5AAfter schedule 5—insert—Schedule 5APrescribed entities and purposessection 41AColumn 1Column 2EntityPurpose1Partners 4 Health Limited ACN 150 102 257Brisbane South PHN Ltd ACN 151 707 765Sunshine Coast Health Network Ltd ACN 156 526 706Darling Downs and West Moreton Primary Health Network Limited ACN 605 975 602Primary Care Gold Coast Limited ACN 152 953 092North Queensland Primary Healthcare Network Limited ACN 605 757 640Western Queensland Primary Care Collaborative Limited ACN 604 686 660analysing, assessing and reviewing data to support health service planning within and across primary health network regions2Queensland Aboriginal & Islander Health Council ACN 111 116 762 (the QAIHC)analysing, assessing and reviewing data to support health service planning, for Aboriginal people and Torres Strait Islander people, within and across the regions of the QAIHC’s members3the Institute for Urban Indigenous Health Ltd ACN 140 019 290analysing, assessing and reviewing data to support health service planning, for Aboriginal people and Torres Strait Islander people, in south-east Queensland

Part 5Amendment of Radiation Safety Regulation 202115Regulation amendedThis part amends the Radiation Safety Regulation 2021.16Amendment of s 66 (Physician assistant authorised under practice plan—Act, s 41)Section 66(2), definitions physician assistant, paragraph (b) and supervising medical officer, paragraph (b), ‘established under the Hospital and Health Boards Act 2011’—omit.17Replacement of s 73 (Use licensee—Act, s 103K)Section 73—omit, insert—Subdivision 1Use licensees—Act, s 103K73Definitions for divisionIn this division—approved program of study, for a health profession, see the Health Practitioner Regulation National Law, section 5.approved qualification, for a health profession, see the Health Practitioner Regulation National Law, section 5.73ADentists(1)For section 103K(1)(a) of the Act, the class of persons who are dentists is prescribed.(2)For section 103K(2)(a) of the Act, registration under the Health Practitioner Regulation National Law to practise in the dentistry profession is prescribed.(3)For section 103K(2)(b) of the Act, the radiation source a dentist is allowed to use is an intra-oral dental plain diagnostic imaging x-ray radiation apparatus.(4)For section 103K(2)(c) of the Act, the radiation practice a dentist is allowed to carry out is intra-oral dental plain diagnostic imaging involving the irradiation of a person.73BParticular students in dental profession(1)This section applies in relation to persons registered under the Health Practitioner Regulation National Law to practise, as students, in the following divisions of the dental profession—

(a)the dentists division;

(b)the dental hygienists division;

(c)the dental therapists division;

(d)the oral health therapists division.

(2)For section 103K(1)(a) and (2)(a) of the Act, the classes of persons mentioned in subsection (1) are prescribed.(3)For section 103K(2)(b) of the Act, the radiation source a prescribed licensee under this section is allowed to use is an intra-oral or extra-oral dental plain diagnostic imaging x-ray radiation apparatus.(4)For section 103K(2)(c) of the Act, the radiation practice a prescribed licensee under this section is allowed to carry out is intra-oral or extra-oral dental plain diagnostic imaging involving the irradiation of a person.(5)For section 103K(4) of the Act, a prescribed licensee under this section must only use a radiation source mentioned in subsection (3) in the course of supervised activities undertaken as part of—

(a)an approved program of study for the dental profession; or

(b)clinical training in the dental profession.

73CStudent diagnostic radiographers(1)This section applies in relation to persons registered under the Health Practitioner Regulation National Law to practise, as students, in the diagnostic radiographers division of the medical radiation practice profession.(2)For section 103K(1)(a) and (2)(a) of the Act, the class of persons mentioned in subsection (1) is prescribed.(3)For section 103K(2)(b) of the Act, the radiation sources a prescribed licensee under this section is allowed to use are the following—

(a)a plain diagnostic imaging x-ray radiation apparatus;

(b)a fluoroscopic imaging x-ray radiation apparatus;

(c)a computed tomography imaging x-ray radiation apparatus;

(d)a dual energy x-ray absorptiometry radiation apparatus;

(e)a mammographic imaging x-ray radiation apparatus.

(4)For section 103K(2)(c) of the Act, the radiation practices a prescribed licensee under this section is allowed to carry out are the following—

(a)plain diagnostic imaging involving the irradiation of a person;

(b)fluoroscopic imaging involving the irradiation of a person during—

(i)general procedures; or

(ii)interventional angiographic procedures;

(c)computed tomography imaging involving the irradiation of a person;

(d)bone mineral densitometry involving the irradiation of a person;

(e)mammographic imaging involving the irradiation of a person.

(5)For section 103K(4) of the Act, a prescribed licensee under this section must only use a radiation source mentioned in subsection (3)—

(a)in the course of supervised activities undertaken as part of—

(i)an approved program of study for the medical radiation practice profession; or

(ii)clinical training in the medical radiation practice profession; or

(b)if the prescribed licensee obtains an approved qualification for the medical radiation practice profession and is employed by a Hospital and Health Service—in the course of the employment during the 6 month period starting on the day the prescribed licensee obtains the approved qualification.

73DStudent radiation therapists(1)This section applies in relation to persons registered under the Health Practitioner Regulation National Law to practise, as students, in the radiation therapist division of the medical radiation practice profession.(2)For section 103K(1)(a) and (2)(a) of the Act, the class of persons mentioned in subsection (1) is prescribed.(3)For section 103K(2)(b) of the Act, the radiation sources a prescribed licensee under this section is allowed to use are the following—

(a)a plain diagnostic imaging x-ray radiation apparatus;

(b)a computed tomography imaging x-ray radiation apparatus;

(c)a kilovolt energy or megavolt energy x-ray or electron beam radiation therapy radiation apparatus.

(4)For section 103K(2)(c) of the Act, the radiation practices a prescribed licensee under this section is allowed to carry out are the following—

(a)radiation therapy treatment planning involving irradiation of a person;

(b)radiation therapy involving the irradiation of a person.

(5)For section 103K(4) of the Act, a prescribed licensee under this section must only use a radiation source mentioned in subsection (3)—

(a)in the course of supervised activities undertaken as part of—

(i)an approved program of study for the medical radiation practice profession; or

(ii)clinical training in the medical radiation practice profession; or

73EStudent nuclear medicine technologists(1)This section applies in relation to persons registered under the Health Practitioner Regulation National Law to practise, as students, in the nuclear medicine technologist division of the medical radiation practice profession.(2)For section 103K(1)(a) and (2)(a) of the Act, the class of persons mentioned in subsection (1) is prescribed.(3)For section 103K(2)(b) of the Act, the radiation sources a prescribed licensee under this section is allowed to use are the following—

(a)a computed tomography imaging x-ray radiation apparatus;

(b)an unsealed radioactive substance in the form of a radiopharmaceutical;

(c)a dual energy x-ray absorptiometry radiation apparatus;

(d)a sealed radioactive substance.

(4)For section 103K(2)(c) of the Act, the radiation practices a prescribed licensee under this section is allowed to carry out are the following—

(a)nuclear medicine diagnostic imaging involving the irradiation of a person;

(b)bone mineral densitometry involving the irradiation of a person;

(c)nuclear medicine quality assurance.

(5)For section 103K(4) of the Act, a prescribed licensee under this section must only use a radiation source mentioned in subsection (3)—

(a)in the course of supervised activities undertaken as part of—

(i)an approved program of study for the medical radiation practice profession; or

(ii)clinical training in the medical radiation practice profession; or

Subdivision 2Transport licensees18Amendment of s 74 (Transport licensee—Act, s 103K)Section 74, heading—omit, insert—74Authority holders for transporting radioactive substances—Act, s 103K19Amendment of sch 6 (Authorised persons)Schedule 6, part 1—insert—15Acomputed tomography as part of cardiovascular diagnostic imaginga person who is—(a)a specialist health practitioner in the specialty of physician—cardiology; and(b)registered as a CTCA specialist by the Conjoint Committee for the Recognition of Training in CT Coronary Angiography

20Amendment of sch 9 (Dictionary)Schedule 9—insert—approved program of study, for part 11, division 2, see section 73.approved qualification, for part 11, division 2, see section 73.Hospital and Health Service means a Hospital and Health Service established under the Hospital and Health Boards Act 2011, section 17.Part 6Amendment of State Penalties Enforcement Regulation 201421Regulation amendedThis part amends the State Penalties Enforcement Regulation 2014.22Amendment of sch 1 (Infringement notice offences and fines for nominated laws)(1)Schedule 1, entry for Tobacco and Other Smoking Products Act 1998—insert—s 65(1)IndividualCorporation20100s 78(2)4

(2)Schedule 1, entry for Tobacco and Other Smoking Products Act 1998, authorised person for service of infringement notices entry, paragraph (a), after ‘against section’—insert—78(2),(3)Schedule 1, entry for Tobacco and Other Smoking Products Act 1998, authorised person for service of infringement notices entry, paragraph (h), after ‘against section’—insert—65(1) orPart 7Amendment of Voluntary Assisted Dying Regulation 202223Regulation amendedThis part amends the Voluntary Assisted Dying Regulation 2022.24Amendment of s 5 (Other requirements for supplying—Act, s 73)(1)Section 5—insert—(2A)Also, the authorised supplier must not supply the voluntary assisted dying substance in accordance with a prescription for the substance if a voluntary assisted dying substance (the previously supplied substance) has already been supplied for the person named in the prescription.(2B)However, subsection (3) does not apply if the previously supplied substance—

(a)has been disposed of by an authorised disposer or the administering practitioner for the person; or

(b)is in the possession of an authorised disposer or the administering practitioner for the person.

(2)Section 5(2A) to (3)—renumber as section 5(3) to (5).