Australian Capital Territory Repealed Acts

This legislation has been repealed.

HEALTH PROFESSIONS BOARDS (PROCEDURES) ACT 1981 - NOTES

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 and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

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

am = amended	ord = ordinance
amdt = amendment	orig = original
ch = chapter	par = paragraph/subparagraph
def = definition	pres = present
dict = dictionary	prev = previous
disallowed = disallowed by the Legislative	(prev...) = previously
Assembly	pt = part
div = division	r = rule/subrule
exp = expires/expired	renum = renumbered
Gaz = gazette	reloc = relocated
hdg = heading	R[X] = Republication No
IA = Interpretation Act 1967	RI = reissue
ins = inserted/added	s = section/subsection
LA = Legislation Act 2001	sch = schedule
LR = legislation register	sdiv = subdivision
LRA = Legislation (Republication) Act 1996	sub = substituted
mod = modified/modification	SL = Subordinate Law
o = order	underlining = whole or part not commenced
om = omitted/repealed	or to be expired

3     Legislation history

This Act was originally a Commonwealth ordinance—the Health Professions Boards (Procedures) Ordinance 1981 No 46 (Cwlth).

The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day).

As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 No 21, s 5 on 11 May 1989 (self-government day).

Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).

    Legislation before becoming Territory enactment

Health Professions Boards (Procedures) Act 1981 No 46

notified 9 December 1981

commenced 9 December 1981

as amended by

Health Professions Boards (Procedures) (Amendment) Ordinance 1982 No 85

notified 20 October 1982

commenced 20 October 1982

Health Professions Boards (Procedures) (Amendment) Ordinance 1983 64

notified 30 December 1983

commenced 30 December 1983

Health Professions Boards (Procedures) (Amendment) Ordinance 1986 No 68

notified 24 October 1986

commenced 27 October 1986 (s 2 and Cwlth Gaz 1986 No S537)

Community and Health Services (Consequential Provisions) Ordinance 1988 No 29 sch

notified 30 June 1988

commenced 2 July 1988 (s 2)

Health Professions Boards (Procedures) (Amendment) Ordinance 1988 No 59

notified 7 September 1988

commenced 5 December 1988 (s 2 and Cwlth Gaz 1988 No S369)

Self-Government (Consequential Amendments) Ordinance 1989 No 38 sch 1

notified 10 May 1989 (Cwlth Gaz 1989 No S160)

s 1, s 2 commenced 10 May 1989 (s 2 (1))

sch 1 commenced 11 May 1989 (s 2 (2) and see Cwlth Gaz 1989 No S164)

    Legislation after becoming Territory enactment

Health Services (Consequential Provisions) Act 1990 No 63 sch 1

notified 28 December 1990 (Gaz 1990 No S102)

s 1, s 2 commenced 28 December 1990 (s 2 (1))

remainder commenced 31 January 1991 (s 2 (2) and see Gaz 1991 No S4)

Health (Consequential Provisions) Act 1993 No 14 sch 1

notified 1 March 1993 (Gaz 1993 No S23)

commenced 1 March 1993 (s 2)

Administrative Appeals (Consequential Amendments) Act 1994 No 60 sch 1

notified 11 October 1994 (Gaz 1994 No S197)

s 1, s 2 commenced 11 October 1994 (s 2 (1))

sch 1 commenced 14 November 1994 (s 2 (2) and see Gaz 1994 No S250)

Health Legislation (Consequential Amendments) Act 1994 No 88 pt 2

notified 15 December 1994 (Gaz 1994 No S280)

ss 1-3 commenced 15 December 1994 (s 2 (1))

remainder commenced 15 June 1995 (s 2 (3))

Annual Reports (Government Agencies) (Consequential Provisions) Act 1995 No 25 sch

notified 5 September 1995 (Gaz 1995 No S212)

commenced 5 September 1995 (s 2)

Statute Law Revision Act 1995 No 46 sch

notified 18 December 1995 (Gaz 1995 No S306)

amdts commenced 18 December 1995 (s 2)

Legal Practitioners (Consequential Amendments) Act 1997 No 96 sch 1

notified 1 December 1997 (Gaz 1997 No S380)

s 1, s 2 commenced 1 December 1997 (s 2 (1))

sch 1 commenced 1 June 1998 (s 2 (2))

Health Professions Boards (Procedures) Amendment Act 1997 No 105

notified 24 December 1997 (Gaz 1997 No S420)

commenced 24 December 1997 (s 2)

Health Professions Boards (Procedures) Amendment Act (No 2) 1997 No 110

notified 24 December 1997 (Gaz 1997 No S420)

commenced 24 December 1997 (s 2)

Statute Law Revision (Penalties) Act 1998 No 54 sch

notified 27 November 1998 (Gaz 1998 No S207)

s 1, s 2 commenced 27 November 1998 (s 2 (1))

sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)

Health Legislation Amendment Act 2000 No 81 sch 1

notified 21 December 2000 (Gaz 2000 No S69)

commenced 21 December 2000 (s 2)

Legislation (Consequential Amendments) Act 2001 No 44 pt 179

notified 26 July 2001 (Gaz 2001 No 30)

s 1, s 2 commenced 26 July 2001 (IA s 10B)

pt 179 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

Statute Law Amendment Act 2002 No 30 pt 3.37

notified LR 16 September 2002

s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))

pt 3.37 commenced 17 September 2002 (s 2 (1))

Statute Law Amendment Act 2002 (No 2) No 49 pt 3.9

notified LR 20 December 2002
s 1, s 2 taken to have commenced 7 October 1994 (LA s 75 (2))
pt 3.9 commenced 17 January 2003 (s 2 (1))

Health Professionals Legislation Amendment Act 2004 A2004-39 sch 1 pt 1.5 (as am by A2005-28 amdts 1.56-1.58)

notified LR 8 July 2004
s 1, s 2 commenced 8 July 2004 (LA s 75 (1))

sch 1 pt 1.5 commenced 7 July 2005 (s 2 and see Health Professionals Act 2004 A2004-38, s 2 and CN2005-11)

Court Procedures (Consequential Amendments) Act 2004 A2004-60 sch 1 pt 1.29

notified LR 2 September 2004
s 1, s 2 commenced 2 September 2004 (LA s 75 (1))

sch 1 pt 1.29 commenced 10 January 2005 (s 2 and see Court Procedures Act 2004 A2004-59, s 2 and CN2004-29)

Health Legislation Amendment Act 2005 A2005-28 amdt 1.1, amdts 1.56-1.58

notified LR 6 July 2005

s 1, s 2 commenced 6 July 2005 (LA s 75 (1))

amdt 1.1, amdts 1.56-1.58 commenced 7 July 2005 (s 2)

Note     This Act only amends the Health Professionals Act 2004 A2004-38 and the Health Professionals Legislation Amendment Act 2004 A2004-39.

as repealed by

Health Professionals Act 2004 A2004-38 s 136 (1) (e)

notified LR 8 July 2004
s 1, s 2 commenced 8 July 2004 (LA s 75 (1))

s 136 (1) (e) commenced 9 January 2007 (s 2 as am by A2005-28 amdt 1.1; A2006-27 s 12)

4     Amendment history

Application
s 2     om 2001 No 44 amdt 1.2059

Definitions for Act
s 3     def barrister and solicitor om 1997 No 96 sch 1
    def board am 1986 No 68 s 4; 1994 No 88 s 4 and sch 1; 1988 No 59 s 4; pars renum R5 LA
    sub A2004-39 amdt 1.25 (as am by A2005-28 amdt 1.56)
    def chairperson am 1988 No 59 s 4
    sub 1994 No 88 sch 1
    def Chiropractors Act ins 1986 No 68 s 4
    sub 1994 No 88 sch 1
    def Dentists Act am 1994 No 88 sch 1
    def deputy chairman am 1988 No 59 s 4
    sub 1994 No 88 sch 1
    def elected member ins 1988 No 59 s 4
    def Medical Practitioners Act am 1994 No 88 sch 1
    def member am 1994 No 88 sch 1
    def Nurses Act am 1988 No 59 s 4
    def Physiotherapists Act am 1994 No 88 sch 1
    def Podiatrists Act ins 1994 No 88 s 4
    def proceeding am 1986 No 68 s 4; 1988 No 59 s 4; 1994 No 88 s 4 and sch 1; 1995 No 46 sch; pars renum R5 LA
    sub A2004-39 amdt 1.26 (as am by A2005-28 amdt 1.57)
    def Psychologists Act ins 1994 No 88 s 4
    def service ins 1988 No 29 sch
    om 1990 No 63 sch 1
    def Veterinary Surgeons Act ins 1994 No 88 sch 1

Appointment of chairperson and members
s 5     am 1994 No 88 sch 1; 2001 No 44 amdt 1.2060, amdt 1.2061; 2002 No 49 amdt 3.57, amdt 3.58

Eligibility for appointment
s 5A     ins 1988 No 59 s 5

Deputy chairperson
s 6     am 1994 No 88 sch 1; 2001 No 44 amdt 1.2062, amdt 1.2063

Acting members
s 7     am 1994 No 88 sch 1
    om 2000 No 81 amdt 1.6

Term of office of appointed members
s 8     am 1994 No 88 sch 1; 1997 No 105 s 4; 2000 No 81 amdt 1.7; ss renum R5 LA

Term of office of elected members
s 9     am 1988 No 59 s 6; 1994 No 88 sch 1

Resignation
s 10     am 1994 No 88 sch 1

Vacation of office
s 11     am 1986 No 68 s 5; 1988 No 59 s 7; 1994 No 88 s 5 and sch 1; 2000 No 81 amdt 1.8; pars renum R5 LA; A2004-39 amdt 1.27 (as am by A2005-28 amdt 1.58)

Leave of absence
s 12     am 1994 No 88 sch 1

Remuneration
s 13     am 1994 No 88 sch 1; 1997 No 110 s 4

Protection of members
s 15     am 1994 No 88 sch 1

Meetings of boards
s 16     am 1994 No 88 sch 1

Presiding member
s 17     am 1994 No 88 sch 1

Quorum
s 18     am 2000 No 81 amdt 1.9

Voting
s 19     am 1994 No 88 sch 1

Motions and resolutions
s 21     am 1994 No 88 sch 1

Minister may direct board to conduct proceeding
s 22A     ins 1983 No 64 s 3
    am 1994 No 88 sch 1

Conduct of proceedings
s 23     am 1994 No 88 sch 1; 1997 No 110 s 5; 2000 No 81 amdt 1.10, amdt 1.11

Notice of proceeding
s 24     am 1994 No 88 sch 1

Procedure of boards
s 25     am 1994 No 88 sch 1; 2001 No 44 amdt 1.2064, amdt 1.2065

Proceedings to be in public
s 26     am 1982 No 85 s 2; 1998 No 54 sch

Powers of boards
s 28     am 1994 No 88 sch 1

Representation before boards
s 29     am 1994 No 88 sch 1

Opportunity to make submissions
s 30     am 1994 No 88 sch 1

Decisions of boards
s 31     am 1988 No 59 s 8; 1994 No 60 sch 1; 1994 No 88 sch 1

Assistance for boards
s 32     am 1986 No 68 s 6; 1989 No 38 sch 1; 1994 No 88 sch 1; 1997 No 96 sch 1

Protection of witnesses etc
s 33     am 1986 No 68 s 7; 1997 No 96 sch 1

Allowances to witnesses
s 34     am 1988 No 29 sch; 1990 No 63 sch 1; 1993 No 14 sch 1; 1994 No 88 sch 1
    sub 2002 No 30 amdt 3.403
    am A2004-60 amdt 1.155

Failure of witness to attend
s 35     am 1994 No 88 sch 1; 1998 No 54 sch

Refusal to be sworn or to answer questions
s 36     am 1994 No 88 sch 1; 1998 No 54 sch

Annual reports
s 37     am 1994 No 88 sch 1
    om 1995 No 25 sch

Evidence
s 38     am 1994 No 88 sch 1

Disclosure of pecuniary interest
s 39     am 1994 No 88 sch 1

Offences in relation to boards
s 40     am 1994 No 88 sch 1; 1998 No 54 sch

Impartiality of boards
s 41     am 1983 No 64 s 4; 1994 No 88 sch 1

Amendment of Seat of Government (Administration) Ordinance 1930
s 42     om 1988 No 59 s 9

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	Act 1990 No 63	31 July 1991
2	Act 1993 No 14	31 January 1994
3	Act 1995 No 46	1 January 1996
4	Act 1997 No 110	1 June 1998
5	Act 2001 No 44	20 June 2002
6	Act 2002 No 30	10 October 2002
7	A2002-49	17 January 2003
8	A2004-60	10 January 2005
9	A2004-60	7 July 2005
10	A2004-60	16 June 2006

© Australian Capital Territory 2007

Australian Capital Territory

A1981-46

Republication No 11

Effective: 9 January 2007

Republication date: 9 January 2007

As repealed by A2004-38 s 136 (1) (e)





Unauthorised version prepared by ACT Parliamentary Counsel's Office

About this republication

The republished law

This is a republication of the Health Professions Boards (Procedures) Act 1981 (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)). It also includes any commencement, amendment, repeal or expiry affecting the republished law to 9 January 2007.

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):

              • authorised republications to which the Legislation Act 2001 applies

              • 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 or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote.

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 Legislation Act 2001, section 95.

Penalties

The value of a penalty unit for an offence against this republished law at the republication date is—

(a) if the person charged is an individual—$100; or

(b) if the person charged is a corporation—$500.

Australian Capital Territory

Health Professions Boards (Procedures) Act 1981 (repealed)

Endnotes

Australian Capital Territory

Health Professions Boards (Procedures) Act 1981 (repealed)