Government Gazette of the STATE of NEW SOUTH WALES Number 68 Friday, 26 May 2006 Published Under Authority by Government Advertising LEGISLATION Assents to Acts
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3163 Government Gazette OF THE STATE OF NEW SOUTH WALES Number 68 Friday, 26 May 2006 Published under authority by Government Advertising LEGISLATION Assents to Acts ACTS OF PARLIAMENT ASSENTED TO Legislative Assembly Offi ce, Sydney 15 May 2006 IT is hereby notifi ed, for general information, that Her Excellency the Governor has, in the name and on behalf of Her Majesty, this day assented to the undermentioned Acts passed by the Legislative Assembly and Legislative Council of New South Wales in Parliament assembled, viz.: Act No. 18 2006 – An Act to amend the Fisheries Management Act 1994 to make further provision with respect to the management of fi shery resources. [Fisheries Management Amendment Bill]. Act No. 19 2006 – An Act to amend the Jury Act 1977 to permit majority jury verdicts in criminal proceedings. [Jury Amendment (Verdicts) Bill]. Act No. 20 2006 – An Act to amend the Protection of the Environment Operations Act 1997 with respect to a local council waste reduction scheme. [Protection of the Environment Operations Amendment (Waste Reduction) Bill]. 3164 LEGISLATION 26 May 2006 ACTS OF PARLIAMENT ASSENTED TO Legislative Assembly Offi ce, Sydney 17 May 2006 IT is hereby notifi ed, for general information, that Her Excellency the Governor has, in the name and on behalf of Her Majesty, this day assented to the undermentioned Acts passed by the Legislative Assembly and Legislative Council of New South Wales in Parliament assembled, viz.: Act No. 21 2006 – An Act to amend the Air Transport Act 1964 so as to provide for the deregulation of certain air transport service routes, abolish the Air Transport Council and establish the State Aviation Working Group; and for other purposes. [Air Transport Amendment Bill]. Act No. 22 2006 – An Act to appropriate additional amounts out of the Consolidated Fund for the years 2005–2006 and 2004–2005 for the purpose of giving effect to certain Budget variations required by the exigencies of Government. [Appropriation (Budget Variations) Bill]. Act No. 23 2006 – An Act to amend certain Acts with respect to courts, court procedures, judges’ pensions and other matters. [Courts Legislation Amendment Bill]. Act No. 24 2006 – An Act to amend the Teaching Service Act 1980, the Technical and Further Education Commission Act 1990 and the Education (School Administrative and Support Staff) Act 1987 to provide for the termination of employment of educational staff who are prohibited from being employed in child- related employment and to make further provision with respect to the management of the conduct and performance of educational staff; and for other purposes. [Education Legislation Amendment (Staff) Bill]. Act No. 25 2006 – An Act to amend the Workers Compensation Act 1987 and the Workplace Injury Management and Workers Compensation Act 1998 to make further provision with respect to the grouping of employers for workers compensation insurance purposes; to provide for contributions to the WorkCover Authority Fund by certain employers licensed under Commonwealth workers compensation legislation; and for other purposes. [Workers Compensation Legislation Amendment Bill]. Russell D. Grove PSM, Clerk of the Legislative Assembly NEW SOUTH WALES GOVERNMENT GAZETTE No. 68 26 May 2006 LEGISLATION 3165 Proclamations New South Wales Proclamation under the Jury Amendment (Verdicts) Act 2006 No 19 JAMES JACOB SPIGELMAN, Lieutenant-Governor, Lieutenant-Governor I, the Honourable James Jacob Spigelman AC, Lieutenant-Governor of the State of New South Wales, with the advice of the Executive Council, and in pursuance of section 2 of the Jury Amendment (Verdicts) Act 2006, do, by this my Proclamation, appoint 26 May 2006 as the day on which that Act commences. SignedSigned andand sealed sealed at at Sydney, Sydney, this this 24th day ofday May of May 2006. 2006. By His Excellency’s Command, BOB DEBUS, M.P., L.S. AttorneyAttorney GeneralGeneral GOD SAVE THE QUEEN! s06-235-16.p01 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 68 3166 LEGISLATION 26 May 2006 Regulations New South Wales Criminal Records Amendment Regulation 2006 under the Criminal Records Act 1991 His Excellency the Lieutenant-Governor, with the advice of the Executive Council, has made the following Regulation under the Criminal Records Act 1991. BOB DEBUS, M.P., Attorney General Attorney General Explanatory note The objects of this Regulation are: (a) to prescribe certain offences as sexual offences for the purposes of the Criminal Records Act 1991, and (b) to provide that a conviction for any of those offences, or for any of the offences that are already prescribed as sexual offences for the purposes of that Act, is taken never to have been spent or never to be capable of becoming spent. This Regulation is made under the Criminal Records Act 1991, including paragraph (h) of the definition of sexual offences in section 7 (4) and section 25 (the general regulation-making power). s06-070-28.p01 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 68 26 May 2006 LEGISLATION 3167 Clause 1 Criminal Records Amendment Regulation 2006 Criminal Records Amendment Regulation 2006 under the Criminal Records Act 1991 1 Name of Regulation This Regulation is the Criminal Records Amendment Regulation 2006. 2 Amendment of Criminal Records Regulation 2004 The Criminal Records Regulation 2004 is amended as set out in Schedule 1. Page 2 NEW SOUTH WALES GOVERNMENT GAZETTE No. 68 3168 LEGISLATION 26 May 2006 Criminal Records Amendment Regulation 2006 Amendment Schedule 1 Schedule 1 Amendment (Clause 2) Clause 17 Omit the clause. Insert instead: 17 Offences prescribed as sexual offences for the purposes of section 7 (1) For the purposes of paragraph (h) of the definition of sexual offences in section 7 (4) of the Act, the following offences are prescribed as sexual offences: (a) an offence under section 61JA, 66EA, 80D, 80E, 91H, 578B or 578C (2A) of the Crimes Act 1900, (b) an offence under section 11G, 21G or 21H of the Summary Offences Act 1988. (2) A conviction for an offence referred to in subclause (1) is taken never to have been spent or never to be capable of becoming spent. Page 3 NEW SOUTH WALES GOVERNMENT GAZETTE No. 68 26 May 2006 LEGISLATION 3169 New South Wales Day Procedure Centres Amendment (Podiatrists) Regulation 2006 under the Private Hospitals and Day Procedure Centres Act 1988 His Excellency the Lieutenant-Governor, with the advice of the Executive Council, has made the following Regulation under the Private Hospitals and Day Procedure Centres Act 1988. JOHN HATZISTERGOS, M.L.C., MinisterMinister forfor Health Health Explanatory note The object of this Regulation is to amend the Day Procedure Centres Regulation 1996 to permit a podiatrist, who is an accredited podiatrist within the meaning of the Health Insurance Act 1973 of the Commonwealth, to perform procedures on a patient at a day procedure centre and to have charge of any such patient’s care. This Regulation is made under the Private Hospitals and Day Procedure Centres Act 1988, including sections 7 and 55 (the general regulation-making power). s06-014-31.p01 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 68 3170 LEGISLATION 26 May 2006 Clause 1 Day Procedure Centres Amendment (Podiatrists) Regulation 2006 Day Procedure Centres Amendment (Podiatrists) Regulation 2006 under the Private Hospitals and Day Procedure Centres Act 1988 1 Name of Regulation This Regulation is the Day Procedure Centres Amendment (Podiatrists) Regulation 2006. 2 Amendment of Day Procedure Centres Regulation 1996 The Day Procedure Centres Regulation 1996 is amended as set out in Schedule 1. Page 2 NEW SOUTH WALES GOVERNMENT GAZETTE No. 68 26 May 2006 LEGISLATION 3171 Day Procedure Centres Amendment (Podiatrists) Regulation 2006 Amendments Schedule 1 Schedule 1 Amendments (Clause 2) [1] Clause 4 Definitions Insert in alphabetical order in clause 4 (1): podiatrist means an accredited podiatrist within the meaning of the Health Insurance Act 1973 of the Commonwealth. [2] Schedule 1 Licensing standards Insert “, and the approval of podiatrists,” after “dentists” in clause 4 (3) (a). [3] Schedule 1, clause 5 Omit the clause. Insert instead: 5 Responsibilities of health practitioners (1) Each procedure performed at the day procedure centre is to be performed by an appropriately accredited medical practitioner or dentist or by a podiatrist. (2) If a procedure involves the administration of a general, spinal, epidural, major field block or large field infiltration anaesthetic or intravenous sedative, the patient is to be attended throughout the procedure by an appropriately accredited medical practitioner who is not the person performing the procedure. (3) A medical practitioner, dentist or podiatrist is to be responsible for selecting patients suitable for treatment by the medical practitioner, dentist or podiatrist at the day procedure centre, subject to: (a) the class or classes of the day procedure centre and the limitations (if any) on the services that may be provided there, and (b) the clinical responsibilities of the medical practitioner, dentist or podiatrist, and (c) the maintenance of high professional standards. Page 3 NEW SOUTH WALES GOVERNMENT GAZETTE No. 68 3172 LEGISLATION 26 May 2006 Day Procedure Centres Amendment (Podiatrists) Regulation 2006 Schedule 1 Amendments [4] Schedule 1, clauses 9 (4) (b), 17 (2) (a), 21 (2) (k) and (3), 23 (3) (a) and 24 (3) Omit “or dentist” wherever occurring. Insert instead “, dentist or podiatrist”. [5] Schedule 1, clause 21 (2) (h) and (3) Omit “or dental” wherever occurring.