Please note: This is an extract from Hansard only. Hansard extracts are reproduced with permission from the Parliament of Tasmania

Page 1 of 2
SECOND READING SPEECH
Optometry Offences Bill 2010
Mr Speaker
As foreshadowed in the second reading speech for the Health Practitioner
Regulation National Law (Tasmania) Bill 2010, this Bill is one in a series of
legislative amendments that follow from the National Registration and
Accreditation Scheme for Health Professionals.
As members are aware, the first and principal Bill - the Health Practitioner
Regulation National Law (Tasmania) Bill 2010 - adopts the Health
Practitioner Regulation National Law as law of Tasmania.
While the National Law limits who can prescribe optical appliances, it
does not place limits on who can sell or supply them. The Australian
Health Ministers Council agreed last year that the regulation of the sale
and supply of optical appliances would remain a matter for individual
states and territories.
Upon commencement of the National Law, the Optometrists Registration
Act 1994 will be repealed. Division 2 of Part 6 of the Optometrists
Registration Act currently regulates the supply of optical appliances in
Tasmania. These provisions are not being carried over into the National
Law.
In recognition that these provisions have health and safety implications
for the public, the Government committed, during consultation on the
National Law, to maintain the provisions.
Hence, the Optometry Offences Bill imports the relevant sections from the
current Act, together with the investigation powers and some other
minor offence provisions. Apart from some updating of wording and
drafting style the Bill does not make any changes of substance to the
current law.
Page 2 of 2
The relevant provisions at clauses 5, 6 and 7:
„h prohibit dispensing an optical appliance without a prescription;
„h prohibit dispensing an optical appliance on an expired prescription;
and
„h provide that a patient is entitled to receive a free copy of a
prescription from the prescribing optometrist or medical
practitioner; or from the person who dispenses the optical
appliance according to a prescription. This is to ensure that a
person can shop around for their optical appliances using the
one prescription.
Clause 8 prohibits a person who is not an optometrist or medical
practitioner from assessing a person¡¦s suitability to wear a contact lens.
On advice from the former chairperson of the Optometrists
Registration Board, clause 8 rephrases the current section 65 to reflect
the actual practice and processes that occur when determining whether
a patient should be prescribed contact lenses.
Not all patients are able to wear contact lenses, so an important part of
the process is an assessment, by an optometrist or medical practitioner,
of the patient¡¦s eyes as to their suitability to wear a lens.
If a person¡¦s eyes are suitable, then as well as instructing the person how
to place the lens on their eyes, it is important that they are instructed
on how to care for the lens, in order to minimise the risk of infection.
The Bill provides that the only persons who may provide that instruction
are the relevant health professionals, or persons acting under their
direction.
The Bill maintains existing safeguards against the supply of optical
appliances by persons not properly trained to do so. There is an
expectation that these restrictions will continue to apply in the interests
of public safety.
I commend the Bill to the House.