ALERT DIGEST 2 of 1995

Consideration is proceeding on the following Bills
Land (Revocation of Reservations) Bill
Planning and Environment (Amendment) Bill
Fisheries Bill

ROAD SAFETY (AMENDMENT) BILL

1.1

This Bill was introduced into the Legislative Assembly on 1 March 1995 by The Honourable Alan Brown MP with The Honourable Phil Gude MP.

1.2

This Bill amends the law with respect to the places at which blood samples may be taken from persons involved in an accident.

1.3

Clause 3 amends section 56 of the Road Safety Act 1986. The effect of the amendment is to remove the need for gazetting particular places at which blood samples are taken from accident victims and to require a sample to be taken from a victim at any place which the victim attends or to which he or she is taken for examination. This is designed to overcome a problem which has arisen in the context of a prosecution for a charge of exceeding .05. The hospital concerned had changed its name since the list was gazetted and the court was not prepared to accept that it was the same facility that had been gazetted. This is in fact the case in respect of a number of hospitals. Future blood samples will be taken at any place to which an accident victim attends or is taken for examination or treatment.

Clauses 4 and 5 make similar amendments to the Marine Act 1988 and the Transport Act 1983. Clause 6 deems a place to have been a designated place for the purposes of section 56. Clause 7 preserves the rights of the parties, Coleman V Hannigan, in a Magistrates' Court proceeding.

The Committee makes no further comment.

DENTAL TECHNICIANS (AMENDMENT) BILL

2.1

This Bill was introduced into the Legislative Assembly on 8 March 1995 by The Honourable Marie Tehan MP with The Honourable Bill McGrath MP.

2.2

This Bill amends the Dental Technicians Act 1972.

Its purposes are to: -

• enable advanced dental technicians to make, fit, supply or repair partial dentures;
• give further powers to the Dental Technicians Licensing Committee and the Advanced Dental Technicians Qualifications Board to suspend or cancel licences under that Act;
• to improve the administration of that Act.

2.3

Clause 3 provides for a change in procedure in respect of committee meetings. Clause 4 broadens the grounds on which the Committee may refuse to grant, cancel or suspend the licence of a dental technician. Clause 5 provides for a change in procedure in respect of board meetings of the Advanced Dental Technicians Qualifications Board. Clause 6 broadens the disciplinary powers of the Advanced Dental Technicians Qualifications Board.

2.4

Clause 7 enables an advanced dental technician who has satisfactorily completed the appropriate course to apply to the Advanced Dental Technicians Qualifications Board for endorsement of his or her licence to make and supply partial dentures direct to the public. Clause 8 enables an advanced dental technician with an endorsed licence to supply partial dentures direct to the public. The patient must provide the advanced technician with a current certificate of oral health from a dentist.

Clause 9 extends the regulation making powers under paragraph (e) which relate to infection control procedures and to incorporate documents. In particular it also provides that a regulation may apply, adopt or incorporate any matter contained in any document as in force or as issued. The Committee notes the explanatory memorandum which states: -

"These additional powers are being sought in anticipation of the adoption of national standards such as the NHMRC "Guidelines for the Prevention of Viral Infection in Dentistry" in regulations governing the practice of advanced dental technicians."

The Committee has written to Chief Parliamentary Counsel requesting her advice as to the origins of this type of provision.

The Committee makes no further comment.

LATROBE REGIONAL COMMISSION (REPEAL) BILL

3.1

This Bill was introduced into the Legislative Assembly on 8 March 1995 by The Honourable Bill McGrath MP on behalf of The Honourable Rob Maclellan MP with The Honourable Geoff Coleman MP.

3.2

This main purposes of this Bill are to: -

• provide for the winding up of the Latrobe Regional Commission;
• repeal the Latrobe Regional Commission Act 1983.

3.3

Clause 4 provides that the members and acting members of the Latrobe Regional Commission cease to hold office and the administrator is to perform the functions and exercise those powers conferred on the members. Clause 5 provides for the appointment of an administrator by the Governor in Council. Clause 6 sets out the functions and the powers of the administrator. Pursuant to sub-clause (4) the administrator may delegate his or her powers and functions to the chief executive officer or an officer or employee of the Latrobe Regional Commission. Clause 7 repeals the Latrobe Regional Commission Act 1983 and vests all property, rights and assets of the Latrobe Regional Commission in the State.

The Committee makes no further comment.

Committee Room
15 March 1995

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