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(a) to protect the public by providing for the registration of practitioners of Chinese medicine and dispensers of Chinese herbs and investigations into the professional conduct and fitness to practise of registered practitioners of Chinese medicine and dispensers of Chinese herbs; and

(b) to regulate the advertising of Chinese medicine and Chinese herbal dispensing services; and

(c) to establish the Chinese Medicine Registration Board of Victoria and the Chinese Medicine Registration Board Fund; and

(d) to amend the Drugs, Poisons and Controlled Substances Act 1981; and

(e) to make amendments to other Acts regulating health practitioners; and

(f) to provide for other related matters.

2. Commencement

(1) Subject to sub-section (2), the provisions of this Act (including the items in the Schedule) come into operation on a day or days to be proclaimed.

(2) If a provision referred to in sub-section (1) does not come into operation before 1 December 2002, it comes into operation on that day.

3. Definitions

In this Act—

"alcoholic" has the same meaning as in the Alcoholics and Drug-dependent Persons Act 1968;

"Board" means the Chinese Medicine Registration Board of Victoria established under Part 6;

"Chinese herb" includes Chinese herbal substances, any mixture of Chinese herbs or Chinese herbal substances and any mixture of Chinese herbs and Chinese herbal substances;

"division", in relation to the register, means a division of the register;

"drug-dependent person" has the same meaning as in the Alcoholics and Drug-dependent Persons Act 1968;

"Fund" means the Chinese Medicine Registration Board Fund established under Part 7;

"Health Services Commissioner" means the Health Services Commissioner within the meaning of the Health Services (Conciliation and Review) Act 1987;

"lawyer" means a person admitted to practise as a barrister and solicitor of the Supreme Court;

"professional indemnity insurance" includes insurance against civil liability in connection with the practice of Chinese medicine or the dispensing of Chinese herbs and an agreement or arrangement for discretionary indemnity in respect of that liability;

"register" means the Register of Chinese Medicine kept under Part 2;

"registered Chinese herbal dispenser" means a person registered as a Chinese herbal dispenser under Part 2, whether the registration is general or specific;

"registered Chinese medicine practitioner" means a person registered as a Chinese medicine practitioner under Part 2, whether as a Chinese herbal medicine practitioner or as an acupuncturist or both and whether the registration is general or specific;

"registered medical practitioner" means a registered medical practitioner within the meaning of the Medical Practice Act 1994;

"registered practitioner" means a person registered as a Chinese medicine practitioner or a Chinese herbal dispenser under Part 2, whether the registration is general or specific;

"unprofessional conduct" means all or any of the following--

(a) professional conduct which is of a lesser standard than that which the public might reasonably expect of a registered practitioner; or

(b) professional conduct which is of a lesser standard than that which might reasonably be expected of a registered practitioner by his or her peers; or

(e) providing a person with health services of a kind that is excessive, unnecessary or not reasonably required for that person's well-being; or

(f) influencing or attempting to influence the conduct of a Chinese medicine practice or the practice of a Chinese herbal dispenser in such a way that patient care may be compromised; or

(g) the failure to act as a Chinese medicine practitioner or Chinese herbal dispenser when required under an Act or regulations to do so; or

(h) the contravention of or failure to comply with a condition, limitation or restriction on the registration or on an endorsement of the registration of a Chinese medicine practitioner or Chinese herbal dispenser imposed by or under this Act; or

(i) a finding of guilt of--

(i) an indictable offence in Victoria, or an equivalent offence in another jurisdiction; or

(ii) an offence if the registered practitioner's ability to continue to practise is likely to be affected because of the finding of guilt or if it is not in the public interest to allow the practitioner to continue to practise because of the finding of guilt; or (iii) an offence under this Act or the regulations; or

(iv) an offence as a Chinese medicine practitioner or Chinese herbal dispenser under any other Act or regulations.

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