Debates Day 4 - Tuesday 21 March 2017
Parliamentary Record 4
Debates for 13th Assembly 2016 - 2018; ParliamentNT; Parliamentary Record; 13th Assembly 2016 - 2020
pp 1193 to 1279
Made available by the Legislative Assembly of the Northern Territory
Legislative Assembly of the Northern Territory
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Legislative Assembly of the Northern Territory
DEBATES Tuesday 21 March 2017 1244 Ms FYLES: It is the ones listed in the definition, which are Aboriginal and Torres Straight Islander health practice, medical, nursing or midwifery, or pharmacy. Mr WOOD: The ones you have on page 4 under definitions, where it says health practitioner, are actually medical practitioners, is that correct? In your definition, which is Aboriginal and Torres Straight Islander Ms FYLES: I am reading from page 2 of the bill, which clearly states health practitioner. Mr WOOD: Yes, but I am trying to get the terminology right. Throughout this document the phrase medical practitioner is used, yet there is nothing in the definitions to tell me what that means and who comes under that definition. It is used quite a bit throughout this legislation. I have searched the Health Practitioner National Law, and the closest I have found is health profession and health practitioner. Mr GUNNER: This may help or not, but my interpretation of that is that health practitioner in clause (b)it is clear that is someone who is registered under one of those professions. Medical practitioner is listed at (b), so it is someone who is registered. That covers medical practitioner. Mr WOOD: It is just that it is used quite commonly throughout this bill. Ms FYLES: To help you clarify, that group is referred to as health. Each of those individuals is a medical practitioner. For example, Aboriginal and Torres Straight Islander health practice, medical, nursing or midwifery, or pharmacy. Each individual is a medical practitioner but the grouping is health. Does that help? Mr WOOD: Yes, and when I come up with it I will just ask you to explain if that is what it is meant to be. I also have questions regarding the safe access zones, which the Member for Spillett asked about. Is the only reason that figure was picked is because it is from Victoria? Ms FYLES: As I outlined in my speech, this legislation allows procedures to be provided at venues other than main hospitals where there are many entrances and exits. It is about making sure there is a safe zone for those working there and those attending treatment. There have been incidents in other jurisdictions that call forthat is why we are providing good legislation with a safe access zone. One-hundred-and-fifty metres is a reasonable figure that provides safe access but still allows people to have freedom of speech. Mr WOOD: In the case of RDH, the boundary is a long way from the hospital itself, so what if a private house is within the 150 metres? Can people put a sign up on private land? Ms FYLES: It would depend on whether it is harassing or intimidating. We need to make sure there are provisions in the legislation that protect people. This is not designed to stop the prayer group that operates at Royal Darwin Hospital. This is designed to provide safe access but still allow for freedom of speech. Mr WOOD: I am looking at the technicalities of you telling someone who is within 150 metres that they cannot do something. You cannot harass people under the Summary Offences Act. I will give another example Ms FYLES: It is prohibited contact, defined as harassing, hindering, interfering with threatening or obstructing a person. It was outlined in my speech. Mr WOOD: I am working on the safe access zone, not so much the details of what is in it. Can you apply a safe access zone within a shopping centre, for instance? If you have a surgery in a shopping centre does that require permission from the owners of the shopping centre? Ms FYLES: If you have a surgery within a shopping centre, which is a public space, the safe access zone would be enacted. Mr WOOD: If there is a group with alternative ideas which has a small office or a shop within that shopping centrethey might be pregnancy helpare they permitted to continue, or are they within that access zone and therefore not allowed to continue? Ms FYLES: That would be fine; it is only when they are participating in prohibited conduct. Mr WOOD: Prohibited conduct is act or be seen or heard.
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