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DRUGS, POISONS AND CONTROLLED SUBSTANCES AMENDMENT (SUPPLY BY MIDWIVES) BILL 2012
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.
Statement of compatibility