Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .

Legislative Assembly for the ACT: 2004 Week 07 Hansard (Thursday, 1 July 2004) . . Page.. 3183 ..

has some amendments to address this issue. I am also putting some amendments to this bill. Much of the details of the operations of this regime will need to be sorted out with the board and other stakeholders over the next 12 months as the schedules are agreed on. I think it is important that the health professionals can have confidence that such a process will be open and accessible.

There are particular concerns regarding the registration of midwives as nurses. I draw the Assembly’s attention to recommendation 15 of the health committee’s report into maternity services in the ACT—A pregnant pause. That recommendation called for the establishment in the first instance of a midwives and nurses board and at a later date a standalone board for midwives. Indeed, it argues that midwifery is a separate profession, distinct from nursing, and should be regulated by midwives rather than nurses.

I accept that some of the concerns that arise in regard to this legislation reflect the amount of detail that will take effect through regulation. For example, I note that issues to do with professional indemnity insurance, at present a key problem for independent midwives, will be addressed at board level or perhaps by the minister on advice from the board. I flag that it is important that our health industry is not regulated by insurance businesses and that professional indemnity insurance is not made a requirement for professionals such as independent midwives to practise.

My first amendment ensures that, at the very least, no regulations can be made in regard to a health profession without referring the matter to the relevant board or representative group. In the case of midwives, for example, the Australian College of Midwives would seem to be the appropriate group until there is a board. In regard to pharmacists, the Pharmacists Board, which does already exist, will be a part of the process.

My second amendment makes those regulations effectively allowable; in other words, they cannot take effect until the Assembly has had an opportunity to disallow them. In that way, I believe that the people concerned would be made aware of projected changes and there would be enough space for appropriate scrutiny and, where necessary, response. If the issue of friendly societies and pharmacies becomes important in the community, or the need to ensure that independent midwives are not constrained from practising due to fairly ill-informed insurance practices, or even that midwives are still seen to be practising a form of nursing when they warrant a specific professional standing, the regulations can be amended in the Assembly.

I also propose to amend clause 78 so as to make it clear that a health professional can report a reasonable belief that a colleague is contravening the required standards, even should they become aware of the matter in their capacity as a member of a privileged committee. It is important that unethical or incompetent activity is reported appropriately.

In regard to the Health Professionals Legislation Amendment Bill, I am aware that the psychologists’ associations have particular concerns. Their view is that they ought to be taken out of the bill entirely, continue to exist under their own legislation and be linked to the Health Professions Bill in such a way that the governance and protections offered by that legislation apply only to all clinical psychologists.

Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .