HEALTH PROFESSIONALS (SPECIAL EVENTS EXEMPTIONS) ACT 2000 

- TABLE OF PROVISIONS

PART 1--PRELIMINARY 
1. Name of Act   
2. Dictionary  
4. Notes  

PART 2--SPECIAL EVENTS 
5. Declaration of a special event   
6. Meaning of visitor   
7. Meaning of visiting health professional   
8. Provision of health care services by visiting health professionals   
9. Conditions on practise by visiting health professionals   
10. Issue of prescriptions and supply of prescription medicines   
11. Exemptions relating to offences   

PART 3--MISCELLANEOUS 
12. Complaints about visiting health professionals   
13. Regulation-making power   
DICTIONARY
ENDNOTES

HEALTH PROFESSIONALS (SPECIAL EVENTS EXEMPTIONS) ACT 2000
- LONG TITLE
An Act to allow visiting health professionals to provide health services in
connection with certain special events without being registered under Territory
laws     
       

HEALTH PROFESSIONALS (SPECIAL EVENTS EXEMPTIONS) ACT 2000
- SECT 1
Name of Act 
This Act is the Health Professionals (Special Events Exemptions) Act
2000.

HEALTH PROFESSIONALS (SPECIAL EVENTS EXEMPTIONS) ACT 2000
- SECT 2
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1     The dictionary at the end of this Act defines certain terms
used in this Act, and includes references ("signpost definitions")
to other terms defined elsewhere.
For example, the signpost definition '"supply"--see
the Medicines, Poisons and Therapeutic Goods Act 2008, section 24.'
means that the term 'supply' is defined in that section and the
definition applies to this Act.
Note 2     A definition in the dictionary (including a signpost
definition) applies to the entire Act unless the definition, or another
provision of the Act, provides otherwise or the contrary intention otherwise
appears (see Legislation Act, s 155 and s 156 (1)).

HEALTH PROFESSIONALS (SPECIAL EVENTS EXEMPTIONS) ACT 2000
- SECT 4
Notes
A note included in this Act is explanatory and is not part of this
Act.
Note     See Legislation Act, s 127 (1), (4) and (5) for the legal
status of notes.

HEALTH PROFESSIONALS (SPECIAL EVENTS EXEMPTIONS) ACT 2000
- SECT 5
Declaration of a special event 
     (1)     The Minister may, in writing, declare an event to be a special
event for this Act if the Minister is satisfied that a significant
number of persons from outside Australia will come to the ACT to participate in,
or to prepare, train, practice, rehearse or acclimatise for, the
event.
     (2)     A declaration must specify, for the special event, the period or
periods (the exemption period) when an exemption under this Act
will apply.
     (3)     An exemption period may include periods before or after the special
event takes place.
     (4)     A declaration must specify a notification procedure for
giving notice within the ACT that a person will be a visiting health
professional for a visitor to the special event.
     (5)     A declaration is a notifiable instrument.
Note     A notifiable instrument must be notified under the Legislation
Act.

HEALTH PROFESSIONALS (SPECIAL EVENTS EXEMPTIONS) ACT 2000
- SECT 6
Meaning of visitor 
A person is a "visitor" to a special event if--
         (a)     the person is a resident of another country who is in the ACT for the
purpose of officially participating in, or preparing, training, practising,
rehearsing or acclimatising for, a special event; or
         (b)     the person is a resident of Australia who--
               (i)     is in the ACT for the purpose mentioned in paragraph (a);
and
               (ii)     is a member of a group the majority of which is comprised of persons
who are residents of other countries and are in the ACT for the same
purpose.

HEALTH PROFESSIONALS (SPECIAL EVENTS EXEMPTIONS) ACT 2000
- SECT 7
Meaning of visiting health professional 
A person is a visiting health professional for a visitor,
if--
         (a)     the person is a resident of another country; and
         (b)     notice has been given, in accordance with the notification procedure
for the relevant special event, that the person will be providing health care
services to the visitor, or to a group that includes the visitor; and
         (c)     the person is currently appointed, employed, contracted or otherwise
engaged to provide health care services to the visitor.
Note      A visiting health professional may provide services to
other visitors to the event only after giving a further notification in
accordance with the notification procedure. 

HEALTH PROFESSIONALS (SPECIAL EVENTS EXEMPTIONS) ACT 2000
- SECT 8
Provision of health care services by visiting health professionals 
     (1)     A visiting health professional for a visitor is authorised by this
section to provide health care services to the visitor.
     (2)     This section--
         (a)     applies only during the exemption period for the relevant special
event; and
         (b)     ceases to apply if the health professional does not comply with
conditions imposed under this Act.
     (3)     This section does not authorise a visiting health professional to
possess, or supply to a visitor, a prohibited substance within the meaning of
the Medicines, Poisons and Therapeutic Goods Act 2008.

HEALTH PROFESSIONALS (SPECIAL EVENTS EXEMPTIONS) ACT 2000
- SECT 9
Conditions on practise by visiting health professionals 
     (1)     The regulations may impose conditions on the provision of health care
services by a visiting health professional.
     (2)     A special event declaration may impose further conditions on the
provision of health care services by a visiting health professional.

HEALTH PROFESSIONALS (SPECIAL EVENTS EXEMPTIONS) ACT 2000
- SECT 10
Issue of prescriptions and supply of prescription medicines 
     (1)     A visiting health professional may be authorised under this section to
issue a written prescription for a prescription medicine.
     (2)     An authorisation under this section does not authorise a visiting
health professional to issue a prescription unless the prescription could be
issued by an authorised person under the Medicines, Poisons and Therapeutic
Goods Act 2008.
     (3)     The Minister may, in a special event declaration--
         (a)     authorise a visiting health professional, whom the Minister is
satisfied should be regarded as qualified to issue prescriptions, to issue
written prescriptions for a prescription medicine in the course of providing
health care services in accordance with this Act; and
         (b)     authorise a supplier to supply a prescription medicine on the
prescription.
Note     A power given under an Act to make a statutory instrument about
particular matters includes power to make a statutory instrument about any
1 or more of the matters or a particular class of the matters (see
Legislation Act, s 48 (2)).
     (4)     The Minister must not make a special event declaration containing an
authorisation under subsection (3) unless satisfied that adequate arrangements
are in place to ensure that prescription medicines will be prescribed only for,
and supplied only to, visitors to whom visiting health professionals are
authorised to provide health care services under this Act.
     (5)     A special event declaration may impose conditions on an authorisation
under subsection (3), including a visiting health professional's authority
to issue prescriptions.
     (6)     In this section:
"supplier", of a prescription medicine, means a person who is
authorised under the Medicines, Poisons and Therapeutic Goods
Act 2008 to supply the medicine.

HEALTH PROFESSIONALS (SPECIAL EVENTS EXEMPTIONS) ACT 2000
- SECT 11
Exemptions relating to offences 
     (1)     A visiting health professional does not commit an offence against the
Health Professionals Act 2004, the Health Practitioner Regulation
National Law (ACT), the Medicines, Poisons and Therapeutic Goods
Act 2008 or the Skin Penetration Procedures Act 1994
by--
         (a)     providing health care services authorised under this Act; or
         (b)     possessing or supplying a prescription medicine in the course of
providing the health care services; or
         (c)     prescribing a prescription medicine in accordance with this Act;
or
         (d)     holding himself or herself out as being able to provide the health
care services mentioned in paragraphs (a), (b) and (c); or
         (e)     using any name, initials, description, word, symbol, addition or title
that the health professional ordinarily uses.
     (2)     A visitor to a special event does not commit an offence against the
Medicines, Poisons and Therapeutic Goods Act 2008 by doing anything, or
possessing a prescription medicine, because of being provided with health care
services in accordance with this Act.
     (3)     A person does not commit an offence against the Medicines, Poisons
and Therapeutic Goods Act 2008 by supplying a prescription medicine in
accordance with a written prescription issued by a visiting health professional
if--
         (a)     the health professional is authorised under this Act to issue the
prescription; and
         (b)     the person is authorised under this Act to supply the medicine on the
prescription.
     (4)     A regulation may prescribe other offences to which exemptions under
this section apply.
Note     A visiting health professional who provides health care
services otherwise than in accordance with this Act loses the
exemption.

HEALTH PROFESSIONALS (SPECIAL EVENTS EXEMPTIONS) ACT 2000
- SECT 12
Complaints about visiting health professionals 
     (1)     A complaint may not be made about, nor may disciplinary action be
taken against, a visiting health professional under the Health Professionals
Act 2004, the Health Practitioner Regulation National Law (ACT) or
the Human Rights Commission Act 2005 in relation to anything done by the
health professional in--
         (a)     providing health care services authorised under this Act; or
         (b)     possessing or supplying a prescription medicine in the course of
providing the health care services; or
         (c)     prescribing a prescription medicine in accordance with this Act;
or
         (d)     holding himself or herself out as being able to provide the health
care services mentioned in paragraphs (a), (b) and (c); or
         (e)     using any name, initials, description, word, symbol, addition or title
that the health professional ordinarily uses. 
     (2)     This section does not prevent the bringing of proceedings for an
offence against the Health Professionals Act 2004, the Health
Practitioner Regulation National Law (ACT) or the Human Rights Commission
Act 2005.
     (3)     This section does not apply to a complaint about a person who is
registered under the Health Professionals Act 2004.

HEALTH PROFESSIONALS (SPECIAL EVENTS EXEMPTIONS) ACT 2000
- SECT 13
Regulation-making power 
     (1)     The Executive may make regulations for this Act.
Note     Regulations must be notified, and presented to the Legislative
Assembly, under the Legislation Act.
     (2)     The regulations may prescribe offences for contraventions of the
regulations and may prescribe maximum penalties of not more than 10 penalty
units for offences against the regulations.

HEALTH PROFESSIONALS (SPECIAL EVENTS EXEMPTIONS) ACT 2000
- NOTES Dictionary

Dictionary
(see s 2)
Note 1     The Legislation Act contains definitions and other provisions
relevant to this Act.
Note 2     For example, the Legislation Act, dict, pt 1, defines the
following terms:
               o      ACT
               o      dental prosthetist
               o      dentist
               o      doctor
               o      Minister (see s 162)
               o      notifiable instrument (see s 10)
               o      nurse
               o      penalty unit (see s 133)
               o      pharmacist.
"exemption period"--see section 5 (2).
"health care services" means--
         (a)     services ordinarily provided by doctors, nurses, dentists, dental
prosthetists, pharmacists, podiatrists, chiropractors, osteopaths, optometrists,
physiotherapists or psychologists; or
         (b)     any other service prescribed by the regulations.
"notification procedure", for a special event--see
section 5 (4).
"prescription medicine" means a controlled medicine, or
prescription only medicine, within the meaning of the Medicines, Poisons and
Therapeutic Goods Act 2008.
"registered" includes licensed and enrolled.
"special event" means an event that is declared to be a special
event under section 5 (1).
"special event declaration" means a declaration under
section 5 (1).
"supply"--see the Medicines, Poisons and Therapeutic
Goods Act 2008, section 24.
"visiting health professional", for a visitor to a special
event--see section 7.
"visitor", to a special event--see
section 6.

HEALTH PROFESSIONALS (SPECIAL EVENTS EXEMPTIONS) ACT 2000
- NOTES Endnotes

Endnotes
1     About
the endnotes
Amending and modifying laws are annotated in the legislation history and
the amendment history.  Current modifications are not included in the
republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001,
part 11.3 are annotated in the amendment history.  Full details of any
amendments can be obtained from the Parliamentary Counsel's
Office.
Uncommenced amending laws are not included in the republished law.  The
details of these laws are underlined in the legislation history.  Uncommenced
expiries are underlined in the legislation history and amendment
history.
If all the provisions of the law have been renumbered, a table of
renumbered provisions gives details of previous and current numbering. 

The endnotes also include a table of earlier republications.
2     Abbreviation
key

      
      

A = Act

NI = Notifiable instrument

AF = Approved form

o = order

am = amended

om = omitted/repealed

amdt = amendment

ord = ordinance

AR = Assembly resolution

orig = original

ch = chapter

par = paragraph/subparagraph

CN = Commencement notice

pres = present

def = definition

prev = previous

DI = Disallowable instrument

(prev...) = previously

dict = dictionary

pt = part

disallowed = disallowed by the Legislative

r = rule/subrule

Assembly

reloc = relocated

div = division

renum = renumbered

exp = expires/expired

R[X] = Republication No

Gaz = gazette

RI = reissue

hdg = heading

s = section/subsection

IA = Interpretation Act 1967

sch = schedule

ins = inserted/added

sdiv = subdivision

LA = Legislation Act 2001

SL = Subordinate law

LR = legislation register

sub = substituted

LRA = Legislation (Republication) Act
1996

underlining = whole or part not
commenced

mod = modified/modification

or to be expired

3     Legislation
history
Health Professionals (Special Events Exemptions) Act
2000 No 25
notified 15 June 2000 (Gaz 2000 No 24)
commenced 15 June 2000 (s 2)
as amended by
Legislation (Consequential Amendments) Act 2001 No 44
pt 177
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s
10B)
pt 177 commenced 12 September 2001 (s 2 and see Gaz 2001
No S65)
Statute Law Amendment Act 2002 (No 2) No 49 pt
3.8
notified LR 20 December 2002
s 1, s 2 taken to have commenced 7 October 1994
(LA s 75 (2))pt 3.8 commenced 17 January 2003 (s 2
(1))
Statute Law Amendment Act 2003 (No 2) A2003-56 sch 3
pt 3.12
notified LR 5 December
2003s 1, s 2 commenced 5 December 2003 (LA s 75
(1))sch 3 pt 3.12 commenced 19 December 2003 (s
2)
Health Professionals Legislation Amendment Act 2004
A2004-39 sch 1 pt 1.6 (as am by A2005-28 amdt 1.59)
notified LR 8 July 2004s
1, s 2 commenced 8 July 2004 (LA s 75 (1))
sch 1 pt 1.6 commenced 7 July 2005 (s 2 and see Health
Professionals Act 2004 A2004-38, s 2 and CN2005-11)
Health Legislation Amendment Act 2005 A2005-28 amdt
1.59
notified LR 6 July 2005
s 1, s 2 commenced 6 July 2005 (LA s 75
(1))
amdt 1.59 commenced 7 July 2005 (s 2)
Note     This Act only amends the Health
Professionals Legislation Amendment Act 2004 A2004-39.
Human Rights Commission Legislation Amendment
Act 2005 A2005-41 sch 1 pt 1.5 (as am
by A2006-3 amdt 1.3)
notified LR 1 September
2005s 1, s 2 commenced 1 September 2005 (LA s 75
(1))sch 1 pt 1.5 commenced 1 November 2006 (s 2
(3) (as am by A2006-3 amdt 1.3) and see Human Rights Commission Act 2005
A2005-40, s 2 (as am by A2006-3 s 4) and CN2006-21)
Human Rights Commission Legislation Amendment Act
2006 A2006-3 amdt 1.3
notified LR 22 February 2006
s 1, s 2 commenced 22 February 2006 (LA s 75
(1))
amdt 1.3 commenced 23 February 2006 (s
2)
Note     This Act only amends the Human
Rights Commission Legislation Amendment Act 2005 A2005-41
Medicines, Poisons and Therapeutic Goods Act 2008
A2008-26 sch 2 pt 2.15
notified LR 14 August 2008
s 1, s 2 commenced 14 August 2008 (LA s 75
(1))
sch 2 pt 2.15 commenced 14 February 2009 (s 2 and LA s
79)
Health Practitioner Regulation National Law (ACT) Act
2010 A2010-10 sch 2 pt 2.10
notified LR 31 March 2010
s 1, s 2 commenced 31 March 2010 (LA s 75
(1))
sch 2 pt 2.10 commenced 1 July 2010 (s 2 (1)
        (a))
Statute Law Amendment Act 2011 (No 2) A2011-28 sch 3
pt 3.19
notified LR 31 August 2011
s 1, s 2 commenced 31 August 2011 (LA s 75
(1))
sch 3 pt 3.19 commenced 21 September 2011 (s 2
(1))
4     Amendment
history
Preliminarypt
1 hdg     ins A2004-39 amdt 1.28
Dictionarys
2     om R1 LRA     ins A2003-56 amdt
3.153     am A2008-26 amdt
2.106
Definitions for
Acts 3     defs reloc to dict
A2003-56 amdt 3.152     def
special event notice om 2001 No 44 amdt
1.2032     om A2003-56 amdt
3.153
Special
eventspt 2 hdg     ins A2004-39 amdt
1.29
Declaration of a special
events 5     am 2001 No 44 amdts
1.2033-1.2035
Provision of health care services by
visiting health professionalss
8     am A2008-26 amdt 2.107
Conditions on practice by visiting health
professionalss 9     am 2001 No 44
amdt 1.2036
Issue of prescriptions and supply of
prescription mediciness 10     am
2001 No 44 amdt 1.2036     sub A2008-26
amdt 2.108
Exemptions relating to
offencess 11     am A2004-39 amdt
1.30     sub A2008-26 amdt
2.108     am A2010-10 amdt
2.52
Miscellaneouspt
3 hdg     ins A2004-39 amdt 1.31
Complaints about visiting health
professionalss 12     am A2004-39
amdt 1.32; A2005-41 amdt 1.91     sub
A2008-26 amdt 2.109     am A2010-10 amdt
2.53
Regulation-making
powers 13     am 2001 No 44 amdt
1.2037, amdt 1.2038
Modification of
Actpt 4 hdg     ins A2004-39 amdt
1.33     exp 9 January 2009 (s
16)
Application of pt
4s 14     ins A2004-39 amdt
1.33     exp 9 January 2009 (s
16)
Dictionary, definition of Health
Professionals Acts 15     ins
A2004-39 amdt 1.33 (as am by A2005-28 amdt
1.59)     exp 9 January 2009 (s
16)
Expiry of pt
4s 16     ins A2004-39 amdt
1.33     exp 9 January 2009 (s
16)
Dictionarydict     ins
A2003-56 amdt 3.154     am A2011-28 amdt
3.131     def Drug Regulation Act
reloc from s 3 A2003-56 amdt
3.152     om A2008-26 amdt
2.111     def drugs and poisons
standard ins 2002 No 49 amdt
3.55     reloc from s 3 A2003-56 amdt
3.152     om A2008-26 amdt
2.111     def exemption period
reloc from s 3 A2003-56 amdt
3.152     def health care services
reloc from s 3 A2003-56
amdt 3.152     am A2011-28 amdt
3.132     def Health Professionals
Act ins A2004-39 amdt
1.34     om A2008-26 amdt
2.111     def Health Registration Act
reloc from s 3 A2003-56
amdt 3.152     om A2004-39 amdt
1.34     def notification procedure
reloc from s 3 A2003-56
amdt 3.152     def prescription
medicine ins A2008-26 amdt
2.112     def registered reloc
from s 3 A2003-56 amdt 3.152     def
restricted substance sub 2002 No 49 amdt
3.56     am A2003-56 amdt
3.149     reloc from s 3 A2003-56 amdt
3.152     om A2008-26 amdt
2.113     def special event sub
A2003-56 amdt 3.150     reloc from s 3
A2003-56 amdt 3.152     def special
event declaration ins 2001 No 44 amdt
1.2032     reloc from s 3 A2003-56 amdt
3.152     def supply sub
A2003-56 amdt 3.151     reloc from s 3
A2003-56 amdt 3.152     sub A2008-26
amdt 2.114     def visiting health
professional reloc from s 3 A2003-56
amdt 3.152     def visitor
reloc from s 3 A2003-56 amdt 3.152
5     Earlier
republications
Some earlier republications were not numbered. The number in column 1
refers to the publication order.  
Since 12 September 2001 every authorised republication has been published
in electronic pdf format on the ACT legislation register.  A selection of
authorised republications have also been published in printed format. These
republications are marked with an asterisk (*) in column 1.  Electronic and
printed versions of an authorised republication are identical. 

      
      
      

Republication No

Amendments to

Republication date

1

not amended

24 July 2000

2

Act 2001 No 44

18 July 2002

3

A2002-49

17 January 2003

4

A2003-56

19 December 2003

5

A2004-39

7 July 2005

6

A2006-3

1 November 2006

7

A2008-26

10 January 2009

8

A2008-26

14 February 2009

9*

A2010-10

1 July 2010

(c)  Australian Capital Territory
2011

HEALTH PROFESSIONALS (SPECIAL EVENTS EXEMPTIONS) ACT 2000
- NOTES
Australian Capital
Territory

    
A2000-25
Republication No 10
Effective: 21 September 2011 Republication date: 21 September 2011 Last amendment made by A2011-28Unauthorised version prepared by ACT Parliamentary Counsel's Office
About this republication
The republished law
This is a republication of the Health Professionals (Special Events Exemptions) Act 2000 
 (including any amendment made under the Legislation Act 2001, part
11.3 (Editorial changes)) as in force on 21 September 2011

.  It also includes any commencement, amendment, repeal or expiry
affecting this republished law to 21 September 2011 
.  
The legislation history and amendment history of the republished law are
set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel's Office prepares 2 kinds of republications
of ACT laws (see the ACT legislation register at
www.legislation.act.gov.au):
               o     authorised republications to which the Legislation Act 2001
applies
               o     unauthorised republications.
The status of this republication appears on the bottom of each
page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary
Counsel to make editorial amendments and other changes of a formal nature when
preparing a law for republication.  Editorial changes do not change the effect
of the law, but have effect as if they had been made by an Act commencing on the
republication date (see Legislation Act 2001, s 115 and s 117).  The
changes are made if the Parliamentary Counsel considers they are desirable to
bring the law into line, or more closely into line, with current legislative
drafting practice.  
This republication does not include amendments made under part 11.3 (see
endnote 1).
Uncommenced provisions and
amendments
If a provision of the republished law has not commenced, the symbol
 U  appears immediately before the
provision heading.  Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For
more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current
modification, the symbol  M  appears
immediately before the provision heading.  The text of the modifying provision
appears in the endnotes.  For the legal status of modifications, see the
Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence
against this law is $110 for an individual and $550 for a corporation (see
Legislation Act 2001, s 133).
Australian Capital
Territory

Health Professionals (Special Events Exemptions) Act 2000 
    
Endnotes12

Australian Capital
Territory

Health Professionals (Special Events Exemptions) Act 2000