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Legislative Assembly for the ACT: 2004 Week 07 Hansard (Thursday, 1 July 2004) . . Page.. 3188 ..

Both panels can recommend action be taken from an enhanced range of treatment options or undertakings. Neither panel, however, can make a decision to suspend or remove a registration. The removal or suspension of a professional registration is a serious public protection matter that also has severe implications for a person’s ability to earn a livelihood.

Responsibilities for decisions about whether a person should remain working as a professional do not fit comfortably with the sole decision making of professional colleagues. For this reason, the legislation takes steps to formalise such decision making within a health professions tribunal. It sets out that this tribunal will be established and a magistrate will be its president. While the president can act alone on certain matters, a formal hearing will involve both the president and a panel of three members. Health professionals may also take an appeal against a health board decision to the tribunal. The powers and procedural requirements for the conduct of a health professions tribunal are outlined in the legislation.

The legislation contains a number of other important elements, including offences against the act and provisions for both the protection of persons providing a report and the protection of information gathered during the exercise of functions under the act. Privacy is also very important.

As this legislation is proposed to replace existing legislation, transitional arrangements are contained therein. A separate Health Professionals Legislation Amendment Bill 2004 has been drafted to address the consequential requirements arising from the change of legislation. That bill and the amendments in it are primarily a result of the consolidation of the ACT’s health professionals acts into one act.

The amendment bill includes amendments proposed to the Community and Health Services Complaints Act 1993. These reforms, amongst other changes, propose an enhanced process in relation to the assessment and investigation of reports about professionals. To effect these changes it has been necessary to revise the Community and Health Services Complaints Act 1993.

The remainder of the consequential amendments in the Health Professionals Legislation Amendment Bill relate to removing references in ACT legislation to acts that are to be repealed under the transitional provisions of the Health Professionals Bill. In a practical sense, if these two bills are passed into law, it is the government’s intention to complete the transition of all health professionals laws and all registered health professionals to this act within the next 12 months.

I consider that this bill and the amendment bill that follows meet our intention to provide updated and improved legislation relating to the regulation of health professionals in the ACT. This legislation is anticipated by most stakeholders and will lead to better public protection in the ACT.

Question resolved in the affirmative.

Bill agreed to in principle.

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