Hansard debates

DRUGS, POISONS AND CONTROLLED SUBSTANCES AMENDMENT
(SUPPLY BY MIDWIVES) BILL 2012 
Statement of compatibility
Dr NAPTHINE  (Minister for Ports) tabled following statement in  accordance with
Charter of Human Rights and Responsibilities Act 2006:
  In  accordance  with   section  28  of  the   Charter  of  Human   Rights  and
  Responsibilities  Act  2006  (charter   act),   I   make   this  statement  of
  compatibility  with  respect to the Drugs, Poisons and  Controlled  Substances
  (Supply by Midwives) Bill 2012.

  In  my opinion,  the  Drugs, Poisons  and  Controlled  Substances  (Supply  by
  Midwives) Bill 2012, as introduced  to the Legislative Assembly, is compatible
  with the human  rights protected by the charter  act. I base my opinion on the
  reasons outlined in this statement.
  Overview of bill
  The  purpose  of  the bill  is  to provide for  suitably  qualified registered
  midwives, whose  registration has been  endorsed by the Australian Nursing and
  Midwifery Board, to  possess, use,  sell and  supply a number of drugs used in
  the course  of midwifery practice.  In accordance with the  Drugs, Poisons and
  Controlled Substances Act 1981, the midwives  will be authorised to  use those
  drugs specified on a list approved by the minister. The bill also empowers the
  minister  to   specify  at  which   health  services  and  in  which  clinical
  circumstances the drugs may be used.

  Human rights issues
1. Human rights protected by the charter that are relevant to the bill
  The bill does not engage any human rights protected by the charter.
2. Consideration of reasonable limitations -- section 7(2)
  As the  bill does not engage any  of the human rights protected by the charter
  it is unnecessary to consider the application of section 7(2) of the charter.
  Conclusion
  I consider the bill is  compatible  with  the  Charter  of  Human  Rights  and
  Responsibilities because it does not raise any human rights issues.